Electrical Workers Pension Trust Fund of Local Union 58, IBEW et al v. Service Electric Company, Incorporated

Filing 17

ORDER Accepting 3/30/10 Report and Recommendation 16 Granting Plaintiffs' Amended Motion for Attorney Fees and Costs 13 . Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ELECTRICAL WORKERS PENSION TRUST FUND OF #58, IBEW, ET AL., Plaintiffs, v. SERVICE ELECTRIC COMPANY, INC., Defendant. ______________________________________________/ ORDER ACCEPTING MARCH 30, 2010 REPORT AND RECOMMENDATION (#16) GRANTING PLAINTIFFS' AMENDED MOTION FOR ATTORNEYS' FEES AND COSTS (#13) This matter is before the court on plaintiff's amended motion for attorneys' fees and costs. The court referred the matter to Magistrate Judge R. Steven Whalen. On March 30, 2010, Magistrate Judge Whalen issued a four-page Report and Recommendation, recommending that the court grant plaintiffs' motion. Magistrate Judge Whalen found that under 29 U.S.C. § 1132(g)(2), attorney fees are mandatory where there is a judgment in favor of a fiduciary in an action brought pursuant to Section 515 of the Employee Retirement Income Security Act, 29 U.S.C. § 1145. Plaintiff failed to file timely objections to the Report and Recommendation. 72.1(d)(2). Having reviewed the record and Report and Recommendation, and in the absence of timely objections, the court hereby ACCEPTS Magistrate Judge Whalen's well reasoned March 30, 2010 Report and Recommendation as its own. Plaintiffs' amended motion for attorney fees and costs is hereby GRANTED. See 28 U.S.C. § 636(b)(1); E.D. Mich. L.R. Case No. 09-11226 Hon. George Caram Steeh

SO ORDERED. Dated: May 17, 2010 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on May 17, 2010, by electronic and/or ordinary mail. S/Josephine Chaffee Deputy Clerk