Trs. of the Directors Guild of Am.-Producer Pension Benefits Plans, a Collectively Bargained, Jt.-Trusteed Labor-Mgmt. Trust v. Suzanne R. Tise, an Individual, Cybele Tise-Myers, an Individual Chloe Tise-Myers, an Individual, & Yvonne Curry, an Individual, Trs. of the Directors Guild of Am.-Producer Pension Benefits Plans, a Collectively Bargained, Jt.-Trusteed Labor-Mgmt. Trust v. Suzanne R. Tise, an Individual, Cybele Tise-Myers, an Individual Chloe Tise-Myers, an Individual, & Yvonne Curry, an Individual, 255 F.3d 661 (9th Cir. 2001). · Go Syfert
Trs. of the Directors Guild of Am.-Producer Pension Benefits Plans, a Collectively Bargained, Jt.-Trusteed Labor-Mgmt. Trust v. Suzanne R. Tise, an Individual, Cybele Tise-Myers, an Individual Chloe Tise-Myers, an Individual, & Yvonne Curry, an Individual, Trs. of the Directors Guild of Am.-Producer Pension Benefits Plans, a Collectively Bargained, Jt.-Trusteed Labor-Mgmt. Trust v. Suzanne R. Tise, an Individual, Cybele Tise-Myers, an Individual Chloe Tise-Myers, an Individual, & Yvonne Curry, an Individual, 255 F.3d 661 (9th Cir. 2001). Cases Citing This Book View Copy Cite
“y bringing the action, the plaintiff benefits all parties 'by promoting early litigation on the ownership of the fund, thus preventing dissipation.”
43 citation events (43 in the last 25 years) across 15 distinct courts.
Strongest positive: Wells Fargo Bank Na v. Wyo Tech Inv. Grp. LLC (azd, 2019-04-09)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (quoted) Wells Fargo Bank Na v. Wyo Tech Inv. Grp. LLC
D. Ariz. · 2019 · quote attribution · 1 verbatim quote · confidence low
y bringing the action, the plaintiff benefits all parties 'by promoting early litigation on the ownership of the fund, thus preventing dissipation.
cited Cited as authority (rule) Columbus Life Insurance Company v. Yee
N.D. Cal. · 2024 · confidence medium
Guild of Am.-Producer Pension Benefits Plans v. Tise, 234 F.3d 415 , 426 (9th Cir.), amended on denial of reh’g, 255 F.3d 661 8 (9th Cir. 2000) (“Tise”).
discussed Cited as authority (rule) Globe Life and Accident Insurance Company v. Basil
D. Nev. · 2022 · confidence medium
“The amount of fees to be awarded 12 in an interpleader action is committed to the sound discretion of the district 13 court.” Trustees of Directors Guild of Am.-Producer Pension Benefits Plans v. Tise, 14 234 F.3d 415 , 426 (9th Cir.), opinion amended on denial of reh'g, 255 F.3d 661 15 (9th Cir. 2000). “[B]ecause the attorneys' fees are paid from the interpleaded 16 fund itself, there is an important policy interest in seeing that the fee award 17 does not deplete the fund at the expense of the party who is ultimately deemed 18 entitled to it.” Id. 19 Globe Life concedes that while t…
discussed Cited "see" Garcia-Tatupu v. Bert Bell/Peter Rozelle NFL Player Retirement Plan
D. Mass. · 2017 · signal: see · confidence high
See Trustees of Directors Guild of Am.-Producer Pension Benefits Plans v. Tise, 234 F.3d 415 , 426 (9th Cir.), opinion amended on denial of reh’g, 255 F.3d 661 (9th Cir. 2000); Samaroo v. Samaroo, 193 F.3d 185, 187 (3d Cir. 1999).
cited Cited "see" Metropolitan Life Insurance v. Price
3rd Cir. · 2007 · signal: see · confidence high
See id.
cited Cited "see" Metro Life Ins Co v. Price
3rd Cir. · 2007 · signal: see · confidence high
See id.
discussed Cited "see" Silverman v. Spiro
Mass. · 2003 · signal: see · confidence high
See Trustees of the Directors Guild of America-Producer Pension Benefits Plan v. Tise, 234 F.3d 415 , 426 (9th Cir. 2000), amended, 255 F.3d 661, 662 (9th Cir. 2001) (approving distribution of pension plan proceeds pursuant to QDRO that awarded child support arrears and attorney’s fees incurred in enforcing prior child support order); Navarro v. Olivarez, 188 Cal. App. 3d 336, 339-340, 344-345 (1986) (affirming order of award of attorney’s fees and costs from husband’s pension benefits that were incurred in connection with order for spousal support arrearages); Renner v. Blatte, 170 Misc…
Retrieving the full opinion text from the archive…
Trustees of the Directors Guild of America-Producer Pension Benefits Plans, a Collectively Bargained, Joint-Trusteed Labor-Management Trust
v.
Suzanne R. Tise, an Individual, Cybele Tise-Myers, an Individual Chloe Tise-Myers, an Individual, and Yvonne Curry, an Individual, Trustees of the Directors Guild of America-Producer Pension Benefits Plans, a Collectively Bargained, Joint-Trusteed Labor-Management Trust v. Suzanne R. Tise, an Individual, Cybele Tise-Myers, an Individual Chloe Tise-Myers, an Individual, and Yvonne Curry, an Individual
96-16799.
Court of Appeals for the Ninth Circuit.
Jun 22, 2001.
255 F.3d 661

255 F.3d 661 (9th Cir. 2001)

TRUSTEES OF THE DIRECTORS GUILD OF AMERICA-PRODUCER PENSION BENEFITS PLANS, a collectively bargained, joint-trusteed labor-management trust, Plaintiff-Appellee,
v.
SUZANNE R. TISE, an individual, Defendant-Appellee,
CYBELE TISE-MYERS, an individual; CHLOE TISE-MYERS, an individual, Defendants,
and
YVONNE CURRY, an individual, Defendant-Appellant.
TRUSTEES OF THE DIRECTORS GUILD OF AMERICA-PRODUCER PENSION BENEFITS PLANS, a collectively bargained, joint-trusteed labor-management trust, Plaintiff-Appellant,
v.
SUZANNE R. TISE, an individual, Defendant-Appellee,
CYBELE TISE-MYERS, an individual; CHLOE TISE-MYERS, an individual, Defendants,
and
YVONNE CURRY, an individual, Defendant-Appellee.

Nos. 96-16799, 96-16994

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Argued and Submitted July 6, 2000
Filed December 6, 2000
Amended June 22, 2001

Jeffrey W. Shopoff, San Francisco, California, for the plaintiff-appellant.

Ronald Dean, Pacific Palisades, California, for the defendant-appellant.

Catherine A. Elin, Novato, California, for the defendant-appellee.

Appeal from the United States District Court for the Northern District of California;Susan Illston, District Judge, Presiding D.C. No. CV-95-013310-SI

Before: John T. Noonan, Sidney R. Thomas and Marsha S. Berzon, Circuit Judges.

ORDER

1

The opinion filed on December 6, 2000, shall be amended as follows:

2

At Slip Op. p. 15479, replace the first sentence of the third full paragraph with the following:

3

In response to this letter, Tise immediately returned to Superior Court, seeking a writ of execution against the Plan for the amount in which Myers was in arrears on his child support payments under the 1981 judgment, $209,985.34. Upon review of Tise's declarations, the Superior Court ordered the writ of execution to issue.

4

At Slip Op. p. 15494, replace the sentence beginning with "On its face, this order . . ." with the following:

5

Because it enforced Tise's right to child support payments as established by the 1981 Superior Court judgment against Myers, this order "related to the provision of child support" and was "made pursuant to a State domestic relations law." 29 U.S.C. § 1056(d)(3)(B)(ii). Not only was the 1994 order a "domestic relations order" under ERISA, it also "re-cognize[ d] the existence of [Tise's] right to receive all or a portion of the benefits payable with respect to" Myers. 29 U.S.C. § 1056(d)(3)(B)(i)(I).

6

With the filing of this order amending the opinion, the panel has unanimously voted to deny Appellee Curry's petition for panel rehearing and petition for rehearing en banc.

7

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35(f).

8

The petition for panel rehearing and the petition for rehearing en banc are denied.