Trustees of the Operating Engineers Pension Trust v. Yolanda Coleman-Owens et al, No. 2:2009cv07317 - Document 44 (C.D. Cal. 2010)

Court Description: JUDGMENT by Judge A. Howard Matz, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (See Judgment for further information). The Trust was awarded attorneys fees of $11,607.00 (Dkt. 27), incurred by the Trust in bringing this interpleader ac tion, and such fees shall be deducted from the pension benefits payable on Owens' account prior to the Trust making any payments to either Yolanda or Jacqueline. Yolanda and Jacqueline have both elected to be paid benefits as a Single Life Annui ty. From 5/1/2008, through 9/1/2010, the Trust withheld pension benefits in the amount of $39,765.00 (which includes a one-time $1,875.00 lump sum payment payable on Owens' account to Yolanda and a one-time $625.00 lump sum paymen t to Jacqueline). The amount of $11,607.00 shall be withheld by the Trust and applied to the Trust's attorneys' fees. The remaining $28,158.00 of withheld pension benefits payable on Owens' account shall be paid to Yolanda an d Jacqueline inaccordance with the percentages set forth in paragraphs 1 and 2 herein above. This order constitutes a final judgment under the Federal Rules of CivilProcedure. Related to: Stipulation for Judgment 43 . (MD JS-6, Case Terminated). (jp)

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Trustees of the Operating Engineers Pension Trust v. Yolanda Coleman-Owens et al 1 2 3 4 5 6 7 8 Robert W. Dickerson (State Bar No. 89367) rdickerson@orrick.com Benjamin J. Hofileña (State Bar No. 227117) bhofilena@orrick.com Alyssa M. Caridis (State Bar No. 260103) acaridis@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street Suite 3200 Los Angeles, CA 90017 Telephone: +1-213-629-2020 Facsimile: +1-213-612-2499 Doc. 44 JS-6 Attorneys for Defendant YOLANDA COLEMAN-OWENS 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 15 TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST, Plaintiff, 16 17 18 19 20 Case No. CV 09-07317 AHM (AGRx) JUDGMENT v. YOLANDA COLEMAN-OWENS, an individual and JACQUELINE B. OWENS, an individual, Judge: Hon. A. Howard Matz Defendant. 21 22 23 24 25 26 27 28 JUDGMENT Dockets.Justia.com 1 This action having been commenced on October 7, 2009, and the Court 2 having approved the stipulation of the parties for entry of judgment, and for good 3 cause shown: 4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 5 1. Yolanda Coleman-Owens ("Yolanda") is deemed to be the surviving 6 spouse on David Owens’ (“Owens”) account with the Operating Engineers Pension 7 Trust (“Trust”) with respect to seventy-five percent (75%) of the monthly pension 8 benefits payable on Owens’ account, subject to adjustments set out in paragraph 3 9 below. 10 2. Jacqueline B. Owens ("Jacqueline") is deemed to be the surviving 11 spouse on Owens’ account with the Trust with respect to twenty-five percent (25%) 12 of the monthly pension benefits payable on Owens’ account, subject to adjustments 13 set out in paragraph 3 below. 14 3. The Trust was awarded attorneys’ fees of $11,607.00 (Dkt. 27), 15 incurred by the Trust in bringing this interpleader action, and such fees shall be 16 deducted from the pension benefits payable on Owens’ account prior to the Trust 17 making any payments to either Yolanda or Jacqueline. Yolanda and Jacqueline 18 have both elected to be paid benefits as a Single Life Annuity. From May 1, 2008, 19 through September 1, 2010, the Trust withheld pension benefits in the amount of 20 $39,765.00 (which includes a one-time $1,875.00 lump sum payment payable on 21 Owens’ account to Yolanda and a one-time $625.00 lump sum payment to 22 Jacqueline). The amount of $11,607.00 shall be withheld by the Trust and applied 23 to the Trust’s attorneys’ fees. The remaining $28,158.00 of withheld pension 24 benefits payable on Owens’ account shall be paid to Yolanda and Jacqueline in 25 accordance with the percentages set forth in paragraphs 1 and 2 hereinabove. 26 Accordingly, out of the remaining withheld funds, Yolanda shall be paid 27 $21,118.50 and Jacqueline shall be paid $7,039.50. 28 -1- JUDGMENT 1 4. Beginning the first month after the Court enters Judgment and after the 2 amounts set fourth in paragraph 3 hereinabove are paid, the Trust shall pay Yolanda 3 $964.00 [seventy-five percent (75%)] of each subsequent monthly pension benefit 4 payable on Owens’ account with the Trust. The Trust shall pay Jacqueline $321.00 5 [twenty-five percent (25%)] of each subsequent monthly pension benefit payable on 6 Owens’ account with the Trust. 7 This order constitutes a final judgment under the Federal Rules of Civil 8 Procedure. 9 IT IS SO ORDERED. 10 11 12 Dated: September 13. 2010 13 JS-6 14 15 16 The Honorable A. Howard Matz United States District Court Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2- JUDGMENT

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