Filing 88

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Richard L. Young on 10/14/2009.(PG)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BRUCE TARVIN, Trustee, and MID CENTRAL OPERATING ENGINEERS HEALTH AND WELFARE FUND, Plaintiffs, vs. BUNN EXCAVATING, INC., Defendant. ) ) ) ) ) ) ) ) ) 1:05-cv-1267-RLY-TAB ADOPTION OF REPORT AND RECOMMENDATION The Magistrate Judge submitted his Report and Recommendation. Parties were afforded due opportunity pursuant to statute and the rules of this court to file objections. The court, having considered the Magistrate Judge's Report and any objections thereto, and being duly advised, approves and adopts the Magistrate Judge's Report and Recommendation. Accordingly, the Fund's request for a permanent injunction is denied; Bunn is ordered to pay the Fund $270,656.43 in liquidated damages and $20,914.26 in interest; and counsel for the Fund may submit within thirty days a statement in support of any claim for fees and costs being sought in this action. SO ORDERED this 14th day of October 2009. _______________________________ RICHARD L. YOUNG, JUDGE United States District Court Southern District of Indiana Electronic Copies to: Charles E. Davis DAVIS LAW LLC cdavis@davislawllc.net Frederick W. Dennerline III FILLENWARTH DENNERLINE GROTH & TOWE LLP fdennerline@fdgtlaborlaw.com Geoffrey S. Lohman FILLENWARTH DENNERLINE GROTH & TOWE LLP glohman@fdgtlaborlaw.com 2

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