Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Eyler Asbestos, LLC

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS. DIRECTING the Clerk to enter Judgment against Defendant Eyler Asbestos, LLC. Signed by Judge Algenon L. Marbley on 5/16/2016. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BOARDS OF TRUSTEES OF THE OHIO
LABORERS’ FRINGE BENEFIT
PROGRAMS,
Plaintiffs,
v.
EYLER ASBESTOS, LCC,
Defendant.

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Case No. 2:16-CV-192

JUDGE ALGENON L. MARBLEY
Magistrate Judge Jolson

ORDER
This matter is before the Court for consideration of the Magistrate Judge’s Report and
Recommendation (Doc. 8), recommending that Plaintiffs’ Motion for Default Judgment be
granted and that Plaintiffs be awarded $29,727.33 in unpaid fringe benefit contributions,
prejudgment interest, and liquidated damages, as well as a reasonable attorney’s fee of $1,785.00
and interest from the date of judgment at the rate of one percent per month. (Id. at 2.)
The Report and Recommendation specifically advises the parties that the failure to object
to the Report and Recommendation within fourteen days results in “a waiver of the right to have
the District Judge review the Report and Recommendation de novo, and also operates as a waiver
of the right to appeal the decision of the District Court adopting the Report and
Recommendation.” (Doc. 8 at 3.) The deadline for objections has lapsed and the parties have
failed to object.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. Accordingly, the Clerk is DIRECTED to enter Judgment
against Defendant Eyler Asbestos, LLC. Plaintiff is AWARDED $29,727.33, including unpaid

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fringe benefit contributions through December 2015, as well as prejudgment interest, liquidated
damages, and a reasonable attorney’s fee of $1,785.00, plus interest from the date of judgment at
the rate of one percent per month.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: May 16, 2016

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