United Food and Commercial Workers Union Local 880 - Retail Food Employers Joint Pension Fund et al v. Landmark Foods, Inc.

Filing 22

Order Adopting Report and Recommendation of the Magistrate Judge granting Plaintiff's Motion for Summary Judgment. Plaintiff's total award is $113,529.92... more. Judge Christopher A. Boyko on 10/24/2011. (M,M)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

UNITED FOOD AND COMMERCIAL )
WORKERS UNION-EMPLOYER
)
HEALTH AND WELFARE FUND, et al.,)
)
Plaintiffs,
)
)
vs.
)
)
)
LANDMARK FOODS INC.,
)
)
Defendant.
)
)

CASE NO.1:10CV1051

JUDGE CHRISTOPHER A. BOYKO
ORDER

This Court has reviewed the Report and Recommendation, (Doc.# 21 ) of Magistrate
Judge Greg White regarding Plaintiffs’ Motion for Summary Judgment, (Doc.#17) and
Defendant’s Brief in Opposition, (Doc.#18).
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen (14) days after service, but both Plaintiff and Defendants has
failed to timely file any such objections. Therefore, the Court must assume that both are
satisfied with the Magistrate Judge’s recommendation. Any further review by this Court
would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn,
728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and
Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th
Cir.1981).
Therefore, the Court adopts in full the Report and Recommendation (Doc.# 21 ) and
the Motion for Summary Judgement (Doc. # 17) is granted. Plaintiff’s award is as follows:

Pension Fund

Health & Welfare Fund

$16,001.00

$50,226.00

Interest

5,649.31

18,002.15

Liquidated Damages

5,649.31

18,002.15

$27,299.62

$86,230.30

Unpaid Contributions

Total Award

Total Award per
Fund

$113,529.92

Plaintiffs shall file a motion requesting attorneys’ fees, auditor’s fee, and other costs
and expenses of litigation.
IT IS SO ORDERED.
Dated: 10/24/2011

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE