Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Solid Rock Construction Solutions, LLC et al

Filing 11

REPORT AND RECOMMENDATION re 10 MOTION for Default Judgment against Solid Rock Construction Solutions, LLC filed by Boards of Trustees of Ohio Laborers' Fringe Benefit Programs that it is RECOMMENDED that the Motion for Default Judgment be GRANTED. Objections to R&R due by 4/11/2017. Signed by Magistrate Judge Kimberly A. Jolson on 3/28/17. (sem)

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-1196
Judge Algenon L. Marbley
Magistrate Judge Jolson

SOLID ROCK CONSTRUCTION
SOLUTIONS, LLC, et al.,
Defendants.

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.
Defendants Solid Rock Construction Solutions, LLC, Solid Rock Construction Services, LLC,
and Solid Rock Development Services, LLC were served with a summons and a copy of the
complaint on January 31, 2017 (Docs. 3–5), but have failed to plead or otherwise defend this
action. Plaintiffs applied to the Clerk for entry of default (Doc. 6), and the Clerk entered default
pursuant to Federal Rule Civil Procedure 55(a) on February 9, 2017 (Doc. 7). This matter is now
before the Court on Plaintiffs’ Motion for Default Judgment, seeking default judgment against
Solid Rock Construction Solutions, LLC. (Doc. 10). Plaintiffs also request that the claims
against Defendants Solid Rock Construction Services, LLC and Solid Rock Development
Services, LLC be dismissed. (Id. at 1).

Plaintiffs have established that Solid Rock Construction Solutions, LLC entered into an
agreement with a local union affiliated with the Laborers’ District Council of Ohio, by which it
agreed to pay contributions on behalf of its employees working within the work jurisdiction of
the union. (See Doc. 10-3, PAGEID #: 41). The affidavit of Plaintiffs’ Contractor Relations
Manager (Doc. 10-2), establishes that Defendant Solid Rock Construction Solutions, LLC owes
$14,763.39 in unpaid fringe benefit contributions, liquidated damages, and interest for the period
October 2016 through January 2017. (Id. at ¶ 3); 29 U.S.C. § 1132(g)(2).
Plaintiffs seek an award of attorney’s fees in the amount of $2,800.00, for 10.00 hours
billed at the rate of $280.00 per hour. (Doc. 10-1, PAGEID #: 39). Plaintiffs have provided
evidentiary support that the number of hours billed and the hourly rates charged are reasonable.
(Doc. 10-3, PAGEID #: 46).
Plaintiffs are therefore entitled to judgment in the amount of $14,763.39 in unpaid fringe
benefit contributions, liquidated damages, and prejudgment interest, and an award of attorney’s
fees in the amount of $2,800.00.
Accordingly, it is RECOMMENDED that Plaintiffs’ Motion for Default Judgment (Doc.
10), be GRANTED.

It is FURTHER RECOMMENDED that the Clerk enter judgment

against Defendant Solid Rock Construction Solutions, LLC and that Plaintiffs Boards of Trustees
of the Ohio Laborers’ Fringe Benefit Programs have and recover from Solid Rock Construction
Solutions, LLC, the sum of Fourteen Thousand Seven Hundred Sixty-Three Dollars and ThirtyNine Cents ($14,763.39), including unpaid fringe benefit contributions from October 2016
through January 2017, prejudgment interest, and liquidated damages, and reasonable attorney’s
fees in the amount of Two Thousand Eight Hundred Dollars ($2,800.00), plus interest from the
date of judgment at the rate of one percent (1%) per month. Finally, it is RECOMMENDED

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the claims against Defendants Solid Rock Construction Services, LLC and Solid Rock
Development Services, LLC be dismissed without prejudice.
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
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: March 28, 2017

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

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