Western Conference of Teamsters Pension Plan et al v. Jennings et al
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
WESTERN CONFERENCE OF
TEAMSTERS PENSION PLAN, et al.,
No. C 10-03629 PJH
DIANA LEE JENNINGS, et al.,
ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
The court has reviewed Magistrate Judge Laporte's report and recommendation re
plaintiffs’ motion for default judgment as to defendant Diana Jennings. Ms. Jennings and
defendant Minnie Hironaka each claimed entitlement to pension benefits following the
death of Kenneth Hironaka, a participant in the plaintiff Western Conference of Teamsters
Pension Plan. The plaintiff Plan and plaintiff Western Conference of Teamsters Pension
Trust Fund filed the present action in interpleader, seeking a determination as to whether
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
entered against her. Ms. Jennings filed no objections to the report within the time permitted
under 28 U.S.C. § 636(b)(1)(B). The court finds the report correct, well-reasoned and
thorough, and adopts it in every respect.
Accordingly, the court finds that the motion for default judgment must be GRANTED.
The court further finds as follows:
Ms. Hironaka was the spouse of Kenneth Hironaka as of the date of his
Ms. Hironaka is entitled to the After Retirement Spouse Lifetime Pension, and
the Western Conference of Teamsters Trust Fund is hereby ordered to pay the Spouse
Pension to Ms. Hironaka;
Plaintiff is discharged from all liability to Ms. Jennings for the Spouse Pension
or for any benefits payable as a result of Kenneth Hironaka’s participation in the Western
Conference of Teamsters Pension Plan;
Ms. Jennings is restrained from commencing action in any court against the
plaintiff relating to the Spouse Pension or any benefits payable as a result of Kenneth
Hironaka’s participation in the Western Conference of Teamsters Pension Plan; and
Plaintiff is awarded $15,961.99 in attorney’s fees and costs.
IT IS SO ORDERED.
Dated: July 1, 2011
PHYLLIS J. HAMILTON
United States District Judge
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