Western Conference of Teamsters Pension Plan et al v. Jennings et al

Filing 45

ORDER by Judge Hamilton granting 36 Motion for Default Judgment; adopting 42 Report and Recommendation as to Motion for Default Judgment. (pjhlc1, COURT STAFF) (Filed on 7/1/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WESTERN CONFERENCE OF
TEAMSTERS PENSION PLAN, et al.,

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Plaintiffs,

No. C 10-03629 PJH

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v.
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DIANA LEE JENNINGS, et al.,

ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
RECOMMENDATION

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Defendants.
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The court has reviewed Magistrate Judge Laporte's report and recommendation re

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plaintiffs’ motion for default judgment as to defendant Diana Jennings. Ms. Jennings and

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defendant Minnie Hironaka each claimed entitlement to pension benefits following the

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death of Kenneth Hironaka, a participant in the plaintiff Western Conference of Teamsters

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Pension Plan. The plaintiff Plan and plaintiff Western Conference of Teamsters Pension

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Trust Fund filed the present action in interpleader, seeking a determination as to whether

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Ms. Jennings or Ms. Hironaka was entitled to the pension benefits.
Ms. Hironaka participated in the case, but Ms. Jennings did not, and default was

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entered against her. Ms. Jennings filed no objections to the report within the time permitted

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under 28 U.S.C. § 636(b)(1)(B). The court finds the report correct, well-reasoned and

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thorough, and adopts it in every respect.
Accordingly, the court finds that the motion for default judgment must be GRANTED.

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The court further finds as follows:

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1.
death;

Ms. Hironaka was the spouse of Kenneth Hironaka as of the date of his

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2.

Ms. Hironaka is entitled to the After Retirement Spouse Lifetime Pension, and

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the Western Conference of Teamsters Trust Fund is hereby ordered to pay the Spouse

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Pension to Ms. Hironaka;

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3.

Plaintiff is discharged from all liability to Ms. Jennings for the Spouse Pension

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or for any benefits payable as a result of Kenneth Hironaka’s participation in the Western

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Conference of Teamsters Pension Plan;

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4.

Ms. Jennings is restrained from commencing action in any court against the

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plaintiff relating to the Spouse Pension or any benefits payable as a result of Kenneth

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Hironaka’s participation in the Western Conference of Teamsters Pension Plan; and

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5.

Plaintiff is awarded $15,961.99 in attorney’s fees and costs.

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IT IS SO ORDERED.

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Dated: July 1, 2011

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_________________________
PHYLLIS J. HAMILTON
United States District Judge