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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 DEFINED CONTRIBUTION PENSION TRUST FOR SOUTHERN NEVADA, et al., 6 7 8 9 Plaintiffs, vs. TILE CONCEPTS, INC., et al., Defendants. 10 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-1067-GMN-GWF ORDER 11 12 Pending before the Court is the Report and Recommendation of United States 13 Magistrate Judge George W. Foley, Jr., (ECF No. 13), which states that the Motion for Default 14 Judgment, (ECF No. 9), be granted and that judgment be entered in favor of Plaintiffs. 15 A party may file specific written objections to the findings and recommendations of a 16 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 17 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 18 determination of those portions to which objections are made. Id. The Court may accept, reject, 19 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 20 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 21 not required to conduct “any review at all . . . of any issue that is not the subject of an 22 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 23 that a district court is not required to review a magistrate judge’s report and recommendation 24 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 25 1122 (9th Cir. 2003). Page 1 of 2 1 Here, no objections were filed, and the deadline to do so has passed. 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 13), is 4 5 ADOPTED in full. IT IS FURTHER ORDERED that Plaintiffs’ Motion for Default Judgment against 6 Defendants Tile Concepts, Inc., and Michael R. Trimble, (ECF No. 9), be granted and that 7 judgment be entered in favor of Plaintiffs as follows: 8 1. Defendants shall submit to an audit conducted by an independent third party of 9 Plaintiffs’ choosing within 14 days of the date of the Judgment to determine the 10 exact amounts of unpaid fringe benefit contributions due. 11 2. The Court shall retain jurisdiction over this matter in order to amend the judgment 12 upon the determination of total amounts owed by Defendants. Such amended 13 judgment shall include all additional interest, liquidated damages, and attorney’s 14 fees and costs as outlined by the parties’ collective bargaining agreement and 29 U.S.C. 15 § 1132(g)(2). 16 17 The Clerk of Court is instructed to enter judgment accordingly. 18 19 26 DATED this ___ day of January, 2017. 20 21 22 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 23 24 25 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?