Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Miami Valley Masonry, Inc.

Filing 7

REPORT AND RECOMMENDATIONS re 6 MOTION for Default Judgment. It is RECOMMENDED that the Motion be GRANTED and that the Clerk enter judgment against Defendant. Objections to R&R due by 9/19/2016. Signed by Magistrate Judge Kimberly A. Jolson on 9/1/2016. (pes)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

BOARDS OF TRUSTEES OF OHIO
LABORERS’ FRINGE BENEFIT PROGRAMS,
Plaintiffs,
v.

Civil Action 2:16-cv-714
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Jolson

MIAMI VALLEY MASONRY, INC.,
Defendant.

REPORT AND RECOMMENDATION
This is an action for unpaid fringe benefit contributions, liquidated damages, and interest
allegedly owed certain employee benefits plans pursuant to a collective bargaining agreement.
Plaintiffs, the trustees of four trust funds, assert claims under ERISA, 29 U.S.C. § 1132.
Defendant Miami Valley Masonry, Inc. was served with a summons and a copy of the complaint
on August 5, 2016 (Doc. 3), but has failed to plead or otherwise defend this action. Plaintiff
applied to the Clerk for entry of default (Doc. 4), and the Clerk entered default pursuant to
Federal Rule Civil Procedure 55(a) on August 30, 2016 (Doc. 5). This matter is now before the
Court on Plaintiffs’ Motion for Default Judgment (Doc. 6), seeking default judgment against
Defendant.
Plaintiffs have established that Defendant entered into an agreement with a local union
affiliated with the Laborers’ District Council of Ohio, AFL-CIO, by which Defendant agreed to
pay contributions to the funds, by the 15th of each month, on behalf of its employees working

within the work jurisdiction of the union. (See Doc. 6-3, Ex. A, B). The affidavit of Plaintiffs’
Contractor Relations Manager (Doc. 6-2), establishes that Defendant owes $17,933.72 in unpaid
fringe benefit contributions, liquidated damages, and interest for the period August 2015 through
June 2016. (Id. at ¶ 3; Doc. 6-3, Ex. C); 29 U.S.C. § 1132(g)(2).
Plaintiffs seek an award of attorney’s fees in the amount of $1,785.00, for seven hours
billed at the rate of $255.00 per hour. (Doc. 6-3, Ex. D). Plaintiffs have provided evidentiary
support that the number of hours billed and the hourly rate charged are reasonable. (Id.; Ex. 61).
Plaintiffs are therefore entitled to judgment in the amount of $17,933.72 in unpaid fringe
benefit contributions, liquidated damages, and prejudgment interest, and an award of attorney’s
fees in the amount of $1,785.00.
Accordingly, it is RECOMMENDED that Plaintiffs’ Motion for Default Judgment (Doc.
6), be GRANTED. It is FURTHER RECOMMENDED that the Clerk enter judgment against
Defendant Miami Valley Masonry, Inc., and that Plaintiffs Boards of Trustees of the Ohio
Laborers’ Fringe Benefit Programs have and recover from Miami Valley Masonry, Inc., the sum
of Seventeen Thousand Nine Hundred Thirty-Three Dollars and Seventy-Two Cents
($17,933.72), including unpaid fringe benefit contributions through June 2016, prejudgment
interest, and liquidated damages, and reasonable attorney’s fees in the amount of One Thousand
Seven Hundred Eighty-Five Dollars ($1,785.00), plus interest from the date of judgment at the
rate of one percent (1%) per month.
If any party seeks review by the District Judge of this Report and Recommendation, that
party may, within fourteen (14) days, file and serve on all parties objections to the Report and
Recommendation, specifically designating this Report and Recommendation, and the part thereof

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in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b). Response to objections must be filed within fourteen (14) days after being served with a
copy thereof. Fed. R. Civ. P. 72(b).
The parties are specifically advised that 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
of the right to appeal the decision of the District Court adopting the Report and
Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of Teachers,
Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States v. Walters, 638 F.2d 947 (6th Cir.
1981).
IT IS SO ORDERED.

Date: September 1, 2016

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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