The Trustees of the Eighth District Electrical Pension Fund, Delinquency Committe of the Eight District Electrical Pension Fund v Craft Electric Co

Filing 41

MEMORANDUM DECISION that the request by the Trustee's for $20,553.50 meets the standards set out in the Trustees case. The Court will prepare a separate judgment as required by Rule 58 re: 36 MOTION for Attorney Fees filed by The Trustee s of the Eighth District Electrial Pension Fund, Delinquency Committee of the Eighth District Electrial Pension Fund. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

THE TRUSTEES OF THE EIGHTH DISTRICT ELECTRICAL PENSION FUND, DELINQUENCY COMMITTEE OF THE EIGHTH DISTRICT ELECTRICAL PENSION FUND,

) ) ) ) ) ) ) ) Plaintiff, ) ) v. ) ) ) CRAFT ELECTRIC COMPANY, ) ) ) Defendant. ) ______________________________ )

Civ. No. 09-0184-S-BLW MEMORANDUM DECISION

The Court has before it the Trustees' motion for attorney fees under 29 U.S.C. § 1132. That statute allows an award of fees and costs to a fiduciary who prevails in an action to recover payments due to a pension plan. There is no dispute that the Trustees are entitled to fees and costs under this statute; defendant Craft simply disputes two line items on the billing sheets. Craft disputes the 10 minutes spent by plaintiffs' counsel reviewing the Court's Memorandum Decision and Judgment, and the one-an-a-half hours

preparing a reply to Craft's sur-reply brief. The latter was a legitimate response to Craft's briefing while the former was a necessary predicate to counsels' advice. The Ninth Circuit has laid out the standards governing an award of fees in pension cases in Trustees of Const. Industry Laborers Health and Welfare Trust v. Redland Insurance Company, 460 F.3d 1253 (9th Cir. 2006). The request by the Trustees for $20,553.50 meets the standards set out in the Trustees case. The Court will prepare a separate Judgment as required by Rule 58. DATED: May 24, 2010

Honorable B. Lynn Winmill Chief U. S. District Judge