Trustees of the Laborers' District Council and Contractors' Pension Fund of Ohio v. Concrete Restoration Specialists LLC

Filing 19

ORDER granting 15 Motion for Default Judgment; adopting Report and Recommendations re 17 Report and Recommendations. Signed by Judge James L. Graham on 8/31/2016. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Trustees of the Laborers’
District Council and Contractors’
Pension Fund of Ohio,
Plaintiffs,
v.

Case No. 2:16-cv-110

Concrete Restoration
Specialists, LLC,
Defendant.
ORDER
This is an action brought pursuant to the Employees Retirement
Income Security Act of 1974, 29 U.S.C. §1001, et seq., by the
Trustees of the Laborers’ District Council and Contractors’ Pension
Fund of Ohio, asserting a claim against Concrete Restoration
Specialists,

LLC,

for

withdrawal

liability

in

the

amount

$815,934.00, plus accrued interest, and liquidated damages.

of

This

matter is before the court on the July 25, 2016, report and
recommendation

of

the

magistrate

judge,

who

recommended

that

plaintiffs’ motion for default judgment be granted.
The parties were specifically advised that the failure to
object to the report and recommendation “will result in a waiver of
the right to de novo review by the District Judge and waiver of the
right to appeal the judgment of the District Court.”
4.

Doc. 17, p.

The time for filing objections has expired, and no party has

objected to the report and recommendation.
The court adopts the report and recommendation (Doc. 17). The
plaintiffs’ motion for default judgment (Doc. 15) is granted.
Plaintiffs are entitled withdrawal liability in the amount of

$815,934.00 and liquidated damages with interest thereon in the
amount of $163,186.80.

Plaintiffs have established that they are

entitled to judgment in the amount of $979,120.80 and interest on
the unpaid balance, including accrued interest, at the prime rate
in effect in April of each year after judgment is entered, as
determined by JPMorgan Chase, Bank, N.A.
The clerk is directed to enter judgment as follows:
Judgment is hereby rendered in favor of plaintiffs and
against defendant Concrete Restoration Specialists, LLC,
in the amount of $979,120.80 (i.e., $815,934.00 in
withdrawal liability and $163,186.80 in liquidated
damages), plus interest at the rate of 3.50% from April
5, 2016; and for each succeeding 12-month period that any
amount in default remains unpaid, interest on the unpaid
balance (including accrued interest) at the prime rate
(as determined by JPMorgan Chase Bank, N.A.) in effect on
April 1st of each year after judgment is rendered.
It is so ordered.
Date: August 31, 2016

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