MCCLESKEY et al v. GIANINO

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Motion for Judgment on the Pleadings filed by MARK MCCLESKEY, INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, 31 Report and Recommendations. Signed by Judge Jane Magnus-Stinson on 8/14/2012.(MAC)

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UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT OF INDIANA, INDIANAPOLIS DIVISION MARK McCLESKEY, Trustee, and INDIANA STATE COUNCIL OF PLASTERERS AND CEMENT MASONS HEALTH AND WELFARE AND PENSION FUNDS, Plaintiffs, vs. WALTER GIANINO, d/b/a Gianino Plastering, Defendant. ) ) ) ) ) ) ) ) ) CAUSE NO. 1:11-cv-791-JMS-DKL ) ) ) ) ) ORDER ADOPTING REPORT AND RECOMMENDATION on Plaintiffs’ Application for Order of Judgment in Sum Certain [doc. 17] No objections having been filed thereto, the magistrate judge’s recommended disposition of Plaintiffs’ Application for Order of Judgment in Sum Certain and the grounds therefore, Report and Recommendation [dkt. 31], are adopted by the Court. The Court finds and concludes that judgment should be entered in favor of Plaintiffs and against Defendant in the sum of $196,940.73. A separate default judgment will issue. SO ORDERED. Date: 08/14/2012 _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution: Ryan Michael Hurley FAEGRE BAKER DANIELS, L.L.P. — Indianapolis ryan.hurley@FaegreBD.com Donald D. Schwartz ARNOLD & KADJAN dschwartz@arnoldandkadjan.com John Edward Taylor THE LAW OFFICE OF JOHN TAYLOR, L.L.C. john.taylor@bakerd.com 2

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