Trustees on Behalf of Teamsters Benefit Trust v. Armagost et al

Filing 37

ORDER by Judge Jeffrey S. White adopting Report and Recommendations and granting 25 Motion for Default Judgment. (jjoS, COURT STAFF) (Filed on 6/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TRUSTEES ON BEHALF OF TEAMSTERS
BENEFIT TRUST,

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No. C 12-02587 JSW
Plaintiff,

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For the Northern District of California

United States District Court

v.
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ORDER ADOPTING REPORT AND
RECOMMENDATION RE
PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT

DAVID ARMAGOST and TINA
ARMAGOST,

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Defendants.
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This matter comes before the Court upon consideration of the Report and

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Recommendation (“Report”) prepared by Magistrate Judge Maria-Elena James, in which she

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recommends that the Court grant Plaintiff’s motion for default judgment. The deadline for

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filing objections to the Report has passed, and neither party has filed objections.

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The Court has considered the Report, relevant legal authority, and the record in this

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case. The Court finds the Report thorough and well reasoned and adopts it in every respect.

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Accordingly, the Court grants Plaintiff’s motion for default judgment. The Court enters default

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judgment as to Plaintiff’s first claim for equitable restitution pursuant to ERISA, 29 U.S.C. §

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1132(a)(3), and enters default against Defendants David and Tina Armagost in the amount of

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$111,754.54 in damages, $4,775.00 in attorneys’ fees (comprised of 19.1 hours of attorney time

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at a rate of $250 per hour), and $1,825.23 in costs (all costs with the exception of online legal

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research fees).

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The Court shall issue a separate judgment, and the Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: June 4, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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