Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. CJ&L Construction, Inc. et al

Filing 8

REPORT AND RECOMMENDATION that RECOMMENDS the 6 MOTION for Default Judgment against CJ&L Construction, Inc. filed by Boards of Trustees of Ohio Laborers' Fringe Benefit Programs be GRANTED, that the Clerk enter judgment against Defendant CJ & L Construction, Inc. and Defendant James Kossen be DISMISSED. Objections to R&R due by 2/16/2017. Signed by Magistrate Judge Kimberly A. Jolson on 2/2/17. (sem)

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

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

Civil Action 2:16-cv-1202
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Jolson

CJ&L CONSTRUCTION, INC., 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 CJ&L Construction, Inc. and James Kossen were served with a summons and a copy
of the complaint on January 2, 2017 (Docs. 3–4), but have failed to plead or otherwise defend
this action. Plaintiffs applied to the Clerk for entry of default (Doc. 5), and the Clerk entered
default pursuant to Federal Rule Civil Procedure 55(a) on January 27, 2017 (Doc. 7). This
matter is now before the Court on Plaintiffs’ Motion for Default Judgment, seeking default
judgment against Defendant CJ&L Construction, Inc. (Doc. 6). Plaintiffs also request that the
claims against Defendant James Kossen be dismissed. (Id. at 1).
Plaintiffs have established that Defendant CJ&L Construction, Inc. entered into an
agreement with a local union affiliated with the Laborers’ District Council of Ohio, AFL-CIO,

by which it 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, PAGEID #: 28).
The affidavit of Plaintiffs’ Contractor Relations Manager (Doc. 6-2), establishes that Defendant
CJ&L Construction, Inc. owes $12,836.97 in unpaid fringe benefit contributions, liquidated
damages, and interest for the period September 2016 through January 14, 2017. (Id. at ¶ 3); 29
U.S.C. § 1132(g)(2).
Plaintiffs seek an award of attorney’s fees in the amount of $1,960.00, for 7.00 hours
billed at the rate of $280.00 per hour. (Doc. 6-3, PAGEID #: 33). Plaintiffs have provided
evidentiary support that the number of hours billed and the hourly rates charged are reasonable.
(Id.).
Plaintiffs are therefore entitled to judgment in the amount of $12,836.97 in unpaid fringe
benefit contributions, liquidated damages, and prejudgment interest, and an award of attorney’s
fees in the amount of $1,960.00.
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 CJ&L Construction, Inc., and that Plaintiffs Boards of Trustees of the Ohio Laborers’
Fringe Benefit Programs have and recover from CJ&L Construction, Inc., the sum of Twelve
Thousand Eight Hundred Thirty-Six Dollars and Ninety-Seven Cents ($12,836.97), including
unpaid fringe benefit contributions through January 2017, prejudgment interest, and liquidated
damages, and reasonable attorney’s fees in the amount of One Thousand Nine Hundred Sixty
Dollars ($1,960.00), plus interest from the date of judgment at the rate of one percent (1%) per
month. Finally, it is RECOMMENDED that Defendant James Kossen be dismissed.
If any party seeks review by the District Judge of this Report and Recommendation, that

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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: February 2, 2017

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

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