Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Tile Concepts, Inc. et al

Filing 14

ORDER REGARDING REPORT AND RECOMMENDATIONS Adopting 13 Report and Recommendation and granting 9 Motion for Default Judgment. Defendants shall submit to an audit conducted by an independent third party of Plaintiffs' choosing within 14 days of the date of the Judgment. Signed by Chief Judge Gloria M. Navarro on 1/26/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRUSTEES OF THE BRICKLAYERS &
ALLIED CRAFTWORKERS LOCAL 13
DEFINED CONTRIBUTION PENSION
TRUST FOR SOUTHERN NEVADA, et al.,

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Plaintiffs,
vs.
TILE CONCEPTS, INC., et al.,
Defendants.

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Case No.: 2:16-cv-1067-GMN-GWF
ORDER

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Pending before the Court is the Report and Recommendation of United States

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Magistrate Judge George W. Foley, Jr., (ECF No. 13), which states that the Motion for Default

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Judgment, (ECF No. 9), be granted and that judgment be entered in favor of Plaintiffs.

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A party may file specific written objections to the findings and recommendations of a

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United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);

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D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo

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determination of those portions to which objections are made. Id. The Court may accept, reject,

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or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge.

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28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is

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not required to conduct “any review at all . . . of any issue that is not the subject of an

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objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized

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that a district court is not required to review a magistrate judge’s report and recommendation

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where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114,

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1122 (9th Cir. 2003).

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Here, no objections were filed, and the deadline to do so has passed.

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Accordingly,

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IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 13), is

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ADOPTED in full.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for Default Judgment against

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Defendants Tile Concepts, Inc., and Michael R. Trimble, (ECF No. 9), be granted and that

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judgment be entered in favor of Plaintiffs as follows:

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1. Defendants shall submit to an audit conducted by an independent third party of

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Plaintiffs’ choosing within 14 days of the date of the Judgment to determine the

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exact amounts of unpaid fringe benefit contributions due.

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2. The Court shall retain jurisdiction over this matter in order to amend the judgment

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upon the determination of total amounts owed by Defendants. Such amended

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judgment shall include all additional interest, liquidated damages, and attorney’s

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fees and costs as outlined by the parties’ collective bargaining agreement and 29 U.S.C.

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§ 1132(g)(2).

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The Clerk of Court is instructed to enter judgment accordingly.

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DATED this ___ day of January, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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