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Finley v. Northern Ca. Carpenters

United States District Court, E.D. California

March 13, 2015

KEVIN FINLEY, Plaintiff,
v.
NORTHERN CA. CARPENTERS, PENSION TRUST FUND TRUSTEES, ET AL., BOB ALVARADO, MIKE KNAB, CHARLENE MARTINEZ, BILL FEYLING, FIELD REPRESENTATIVES RIGO LAGUARDIA LOCAL 217, SHAWN LEONARD LOCAL 2236, JAY STREETS LOCAL 405, Defendants.

ORDER

GARLAND E. BURRELL, Jr., Senior District Judge.

On February 18, 2015, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed.

The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

Accordingly, IT IS ORDERED that:

1. The proposed Findings and Recommendations filed February 18, 2015, are ADOPTED; and

2. Defendants' motion to dismiss, ECF No. 70, is granted in part and denied in part as follows:

a. Defendants' motion to dismiss plaintiff's 29 U.S.C. ยง 1132(a)(1)(B) against the Carpenters Funds Administrative Office of Northern California and Carpenters Pension Trust Fund for Northern California is denied; and

b. The motion is granted in all other respects.


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