Solis v. J.W. Buckholz Traffic Engineering, Inc. et al

Filing 55

ORDER adopting 54 Report and Recommendation; granting, in part, and denying, in part, 51 Plaintiff's Renewed Motion for Default Judgment. The Clerk of the Court is directed to enter judgment in accordance with this Order and close the file. Signed by Judge Marcia Morales Howard on 1/3/2013. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,
Plaintiff,
v.

Case No. 3:11-cv-248-J-34MCR

J.W. BUCKHOLZ TRAFFIC
ENGINEERING, INC.; BURITA ALLEN
HILLYARD; JEFFREY WILLIAM
BUCKHOLZ; and J.W. BUCKHOLZ
TRAFFIC ENGINEERING, INC. PROFIT
SHARING PLAN,
Defendants.
__________________________________/

ORDER

THIS CAUSE is before the Court on Magistrate Judge Monte C. Richardson’s Report
and Recommendation (Dkt. No. 54; Report), entered on December 6, 2012. In the Report,
Magistrate Judge Richardson recommends that Plaintiff’s Renewed Motion for Default
Judgment (Dkt. No. 51) be granted, in part, and denied, in part. See Report at 8. No
objections to the Report have been filed, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993);

see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions
de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at * 1 (M.D. Fla. May
14, 2007).
Upon independent review of the file and for the reasons stated in the Magistrate
Judge’s Report, the Court will accept and adopt the legal and factual conclusions
recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Report and Recommendation (Dkt. No. 54) of Magistrate Judge

Richardson is ADOPTED as the opinion of the Court.
2.

Plaintiff’s Renewed Motion for Default Judgment (Dkt. No. 51) is GRANTED,

in part, and DENIED, in part.
a.

The Renewed Motion is GRANTED to the extent that Defendant Hillyard

must restore $2,693.55, plus post-judgment interest. In addition, any participant interest
Defendant Hillyard may have in any existing or future assets of the Plan shall be applied as
an offset against the amounts that Plaintiff has alleged are due to the Plan, as authorized
by ERISA § 206(d)(4), and the Plan document shall be deemed amended to permit the
distribution and offset of Defendant Hillyard’s participant interest.
b.
3.

Otherwise, the Renewed Motion is DENIED.

The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Hilda

L. Solis, Secretary of Labor, United States Department of Labor, and against Defendant
Burita Allen Hillyard for the sum of $2,693.55, plus post-judgment interest.

4.

The Clerk of the Court is further directed to close the file.

DONE AND ORDERED in Jacksonville, Florida, this 3rd day of January, 2013.

ja
Copies to:
The Honorable Monte C. Richardson
United States Magistrate Judge
Counsel of Record
Burita Allen Hillyard
226 Deerwood Circle W.
Middleburg, FL 32068