Orrand et al v. Deer Creek Excavating LLC

Filing 23

ORDER adopting 21 Report and Recommendations. Signed by Judge James L Graham on 12/23/2014. (ds)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified text on 12/23/2014 (er1).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Raymond Orrand, Administrator,
et al.,
Plaintiffs,
v.

Case No. 2:13-cv-1121

Deer Creek Excavating, LLC,
Defendant.
ORDER
This is an action brought pursuant to 29 U.S.C. §§185 and 1132
by the administrator and trustees of the Ohio Operating Engineers
Health and Welfare Plan, the Ohio Operating Engineers Pension Fund,
the Ohio Operating Engineers Apprenticeship and Training Fund and
the Ohio Operating Engineers Safety & Education Fund to recover
contributions allegedly owed to the funds by defendant Deer Creek
Excavating, LLC, a corporation with its principal place of business
in

Bellville,

Ohio.

Plaintiffs

seek

recovery

of

unpaid

contributions, liquidated damages, interest, attorney’s fees, court
costs and injunctive relief.
This matter is before the court for consideration of the
December 1, 2014, report and recommendation of the magistrate judge
regarding plaintiffs’ motion for summary judgment (Doc. 20) filed
on November 7, 2014.
summary

judgment.

Defendant did not respond to the motion for
The

magistrate

judge

recommended

plaintiffs’ motion for summary judgment be granted.
4-5.

that

Doc. 21, pp.

The magistrate judge noted that plaintiffs had submitted

uncontroverted
contributions

evidence
to

the

that

funds,

defendant
as

failed

required

to

under

make
a

timely

collective

bargaining agreement, for the periods from November 1, 2012,
through December 31, 2012, and from January 1, 2013, through April
30, 2013, in an amount totaling $15,342.10.

Doc. 21, pp. 2-3.

magistrate

plaintiffs

judge

further

concluded

that

were

The
also

entitled to an award of liquidated damages and interest, as well as
attorney’s fees and injunctive relief.

Doc. 21, pp. 3-4.

The report and recommendation specifically advised the parties
that the failure to object to the report and recommendation 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
judgment of the District Court.”

Doc. 21, p. 5.

The time period

for filing objections to the report and recommendation has expired,
and no party has objected to the report and recommendation.
The court has reviewed the report and recommendation, and
agrees with the findings and conclusions of the magistrate judge.
The court adopts the report and recommendation (Doc. 21).
plaintiffs’
granted.

motion

for

summary

judgment

(Doc.

20)

is

The

hereby

The clerk is directed to enter judgment in favor of the

plaintiffs.

Plaintiffs are hereby awarded:

1.

$15,342.10 in unpaid contributions from November 1, 2012,
through April 30, 2013, pursuant to 29 U.S.C.
§1132(g)(2)(A);

2.

$4,753.56 in interest, calculated to November 15, 2014,
plus $7.57 per day thereafter, so long as the judgment
remains unpaid, pursuant to 29 U.S.C. 1132(g)(2)(B);

3.

$4,753.56 in liquidated damages, calculated to November
15, 2014, plus $7.57 per day thereafter, so long as the
judgment remains unpaid, pursuant to 29 U.S.C.
§1132(g)(2)(C);

4.

Court costs in the amount of $400.00, pursuant to 29
U.S.C. §1132(g)(2)(D);
2

5.

Reasonable attorney’s fees pursuant to 29 U.S.C.
§1132(g)(2)(D), in an amount to be determined by the
court; and

6.

Injunctive relief pursuant to 29 U.S.C. §1132(g)(2)(E);
specifically, Deer Creek Excavating, LLC, is hereby
directed to comply with its contribution and audit
obligations under the various agreements set forth in
pages 11-13 of the complaint (Doc. 1).

It is further ordered that plaintiffs shall file a properly
supported motion for attorney’s fees within fourteen days of the
date of this order.

Date: December 23, 2014

s/James L. Graham
James L. Graham
United States District Judge

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