P&B Intermodal v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 P&B INTERMODAL, No. 2:21–cv–0603–KJM–CKD (PS) Plaintiff, ORDER AND v. FINDINGS AND RECOMMENDATIONS

MARCEY JOHNSON, (ECF No. 14) Defendant. 16 Plaintiff P&B Intermodal, as Plan Administrator of the P&B Intermodal Employee Benefit Plan, moves the court for default judgment against defendant, Marcey Johnson. (ECF No. 14.) By this motion, plaintiff seeks a default judgment requiring defendant to turn over settlement proceeds in the amount of $32,399.19, plus interest accrued. This motion was noticed for a hearing to take place at 10:00 a.m. on August 4, 2021. At the time and date specified for the hearing, attorney Zahra Aziz appeared via Zoom on behalf of plaintiff. There was no appearance by defendant. Accordingly, the motion for default judgment is unopposed. For the reasons set forth herein, it is recommended the motion be granted. I. BACKGROUND This is an action brought under section 502(a)(3) of the…