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)

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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, : : : : : : : : : : : 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. 1   IT IS SO ORDERED. s/ Algenon L. Marbley ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE DATED: October 12, 2017 2  

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