IN RE HEIDEMAN v. GENERAL MOTORS HRLY-RATE EMP. PENS

Full title: IN RE MOTION OF CYNTHIA HEIDEMAN, Plaintiff, v. GENERAL MOTORS HOURLY-RATE…

Court: United States District Court, W.D. New York

Date published: Jun 30, 2004

No. 00-CV-416A (W.D.N.Y. Jun. 30, 2004)

Opinion

No. 00-CV-416A.

June 30, 2004

ORDER

RICHARD ARCARA, District Judge

This case originated in New York State Supreme Court, County of Niagara, upon plaintiff Cynthia Heideman's motion to compel defendant General Motors Hourly-Rate Employees Pension Plan (the "Plan"), to accept at least one of three successive domestic relations orders as a qualified domestic relations order ("QDRO"), as defined under pertinent provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"). The Plan removed plaintiff's motion to this Court and subsequently filed a motion for summary judgment.

The case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1), on November 18, 2002. On February 9, 2004, Magistrate Judge Schroeder filed a Report and Recommendation, recommending: (1) that plaintiff's motion to compel be granted: (2) that the Plan be ordered to accept plaintiff's "Second Amended Qualified Domestic Relations Order" as a QDRO, as defined under ERISA; (3) that the Plan be required to pay costs and reasonable attorneys' fees incurred in this action; and (4) that the Plan's motion for summary judgment be denied.

The Plan filed objections to the Report and Recommendation on February 26, 2004, and plaintiff filed a response thereto on March 11, 2004. Oral argument on the objections was held on June 22, 2004.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, the Court: (1) grants plaintiff's motion to compel: (2) orders the Plan to accept plaintiff's "Second Amended Qualified Domestic Relations Order" as a QDRO, as defined under ERISA; (3) orders the Plan to pay all costs and reason able attorneys' fees incurred by the plaintiff in this action; and (4) denies the Plan's motion for summary judgment.

The Clerk of Court is hereby ordered to enter judgment in favor of the plaintiff. Pursuant to Rule 54(d)(2)(D), the Court refers the case back to Magistrate Judge Schroeder for a Report and Recommendation on the amount of costs and attorneys' fees to be awarded to plaintiff.

IT IS SO ORDERED.