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

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING Motion for Default Judgment and AWARDING attorney's fees and costs. DISMISSING without prejudice claims against defendants Solid Rock Construction Services, LLC and Solid Rock Development Services, LLC. Signed by Judge Algenon L. Marbley on 10/12/2017. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BOARDS OF TRUSTEES OF THE OHIO
LABORERS’ FRINGE BENEFITS
PROGRAMS,
Plaintiffs,
v.
SOLID ROCK CONSTRUCTION
SOLUTIONS, LLC, et al.,

Defendants,

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Case No. 2:16-CV-1196
JUDGE ALGENON L. MARBLEY
Magistrate Judge Jolson

ORDER
This matter is before the Court for consideration of Plaintiffs’, Boards of Trustees of the
Ohio Laborers’ Fringe Benefit Programs, Motion for Default Judgment (“Motion”), (Doc. 10),
and Magistrate Judge Jolson’s Report and Recommendation to grant the Motion. (Doc. 11.)
Defendants did not object to the Report and Recommendation and have waived their right to a de
novo review by this Court.
Therefore, based on the analysis conducted by the Magistrate Judge, the Court ADOPTS
and AFFIRMS the Report and Recommendation, (Doc. 11), GRANTS the Motion and
AWARDS Plaintiffs damages, attorney’s fees, and costs from Solid Rock Construction
Solutions, LLC, as follows: (a) $14,763.39 for unpaid fringe benefit contributions from October
2016 through January 2017, prejudgment interest, and liquidated damages; and (b) reasonable
attorney’s fees in the amount of $2,800.00, plus interest from the date of judgment at the rate of
one percent (1%) per month. The claims against Defendants Solid Rock Construction Services,
LLC and Solid Rock Development Services, LLC are hereby DISMISSED without prejudice.
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IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: October 12, 2017

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