Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Waugh Excavating, LLC

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. ADJUDGED, ORDERED, and DECREED that Defendant Waugh Excavating, LLC is in default of answer to the complaint in the above-styled matter. Signed by Judge Algenon L. Marbley on 8/4/2016. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BOARD OF TRUSTEES OF THE OHIO
LABORERS’ FRINGE BENEFIT
PROGRAMS,
Plaintiff,
v.
WAUGH EXCAVATING, LLC,
Defendant.

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Case No. 16-CV-213
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

ORDER
Before the Court is the Magistrate Judge's Report and Recommendation in the abovestyled matter (Doc. 7), which recommends the Court grant Plaintiff's Motion for Default
Judgment against Defendant (Doc. 6).
The Report and Recommendation specifically advises the parties that the failure to object
to the Report and Recommendation within fourteen days results in 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.
(Doc. 7 at 6.) Defendant has not objected. The deadline for objections lapsed on June 6, 2016.
The Court hereby ADOPTS the Report and Recommendation based on the independent
consideration of the analysis therein. Accordingly, it is hereby ADJUDGED, ORDERED, and
DECREED that Defendant Waugh Excavating, LLC is in default of answer to the complaint in
the above-styled matter. JUDGMENT is entered against Defendant amounting to $21,920.40
representing fringe benefit contributions, liquidated damages, and interest, along with $1,785.00
in attorneys' fees, $400.00 in costs, and interest from the date of this judgment at the rate of 1%
per month.
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IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
Dated: August 4, 2016

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