Wilson et al v. Engle Management LLC

Filing 12

REPORT AND RECOMMENDATION: Magistrate Judge RECOMMENDS granting 10 MOTION for Default Judgment. Objections to R&R due by 1/19/2018. Signed by Magistrate Judge Kimberly A. Jolson on 1/5/2018. (ew)

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

CAROL A. WILSON, et al.,
Plaintiffs,
v.

Civil Action 2:17-cv-907
Judge Algenon L. Marbley
Magistrate Judge Jolson

ENGLE MANAGEMENT, LLC,
Defendant.
REPORT AND RECOMMENDATION
This is an action for unpaid fringe benefit contributions, statutory interest, and other
damages under ERISA, 29 U.S.C. § 1132. The Undersigned was reassigned to this case on
November 8, 2017. (Doc. 5). After Defendant was served and failed to plead or otherwise
defend this action, Plaintiffs applied to the Clerk for entry of default. (Doc. 9). The Clerk
entered default pursuant to Federal Rule Civil Procedure 55(a) on December 29, 2017. (Doc.
11). Plaintiffs filed a Motion for Default Judgment on December 29, 2017. (Doc. 10).
Upon review, it is RECOMMENDED that Plaintiffs’ Motion for Default Judgment
(Doc. 10), be GRANTED and judgment be entered in favor of Plaintiffs and against Defendant
as follows:
1.

Audit findings/delinquent contributions for the period June 1, 2013 to
July 1, 2017 in the amount of $15,254.06;

2.

Interest in the amount of $9,236.15 calculated to December 30, 2017
plus $7.53 per day thereafter as long as the judgment remains unpaid;

3.

Interest in the amount of $9,236.15 calculated to December 30, 2017
plus $7.53 per day thereafter as long as the judgment remains unpaid;

4.

Court costs in the amount of $400.00.

(See Doc. 10, 10-1).
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: January 5, 2018

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