Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Concrete Restoration Specailists, LLC

Filing 23

ORDER granting 13 Motion for Summary Judgment; adopting Report and Recommendations 22 . Signed by Judge Gregory L Frost on 2/11/14. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

BOARD OF TRUSTEES OF OHIO
LABORERS’ FRINGE BENEFIT
PROGRAMS,
Plaintiffs,
Case No. 2:13-cv-687
JUDGE GREGORY L. FROST
Magistrate Judge King

v.
CONCRETE RESTORATION
SPECIALISTS, LLC
Defendants.

OPINION & ORDER
This matter is before the Court for consideration of the Magistrate Judge’s January 22,
2014 Report and Recommendation (ECF No. 22). In that filing, the Magistrate Judge considered
Plaintiffs’ Motion for Summary Judgment (ECF No. 13) and recommended that the Court grant
the same. The Magistrate Judge specifically recommended that plaintiffs be awarded judgment
in the amount of $89,426.66 in unpaid contributions, $22,153.10 in liquidated damages and
interest, and $1,901.25 in attorney fees, for a total award of $113,481.01.
The Report & Recommendation advised the parties that, if any party sought review by
the District Judge, that party may file objections to the Report and Recommendation within
fourteen (14) days. (ECF No. 22, at PAGEID# 69.) The Report and Recommendation further
advised the parties that the failure to object within fourteen days would “result in a waiver of the
right to de novo review by the District Judge and of the right to appeal the decision of the District
Court adopting the Report and Recommendation.” (Id.)

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The Court has reviewed the Report and Recommendation. Noting that no objections
have been filed, that the time for filing such objections has expired, and that the Magistrate
Judge’s reasoning is correct, the Court ADOPTS the Report and Recommendation (ECF No.
22), GRANTS Plaintiffs’ motion for summary judgment (ECF No. 13), and awards judgment in
the amount of $113,481.01 for Plaintiffs. The Clerk is DIRECTED to enter judgment
accordingly and terminate this case on the docket records of the United States District Court for
the Southern District of Ohio, Eastern Division.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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