Boards of Trustees of the Ohio Laborers' Fringe Benefit Programs v. Specialty Contracting, Inc. et al

Filing 29

ORDER adopting and affirming 28 the Report and Recommendation; granting 24 Plaintiff's Unopposed Motion for Default Judgment. Signed by Judge Michael H. Watson on 10/22/18. (jk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Board of Trustees,
Plaintiff,
V.

Specialty Contracting, Inc., et al.,

Case No. 2:18-cv-23

Judge Michael H. Watson

Defendants.

ORDER

Plaintiff moves for default judgment against Defendant Specialty
Contracting, Inc. ("Specialty Contracting"). Mot. Def. J., ECF No. 24. The Court
GRANTS PlalntlfFs motion.

PlalntlfTs complaint was filed on January 9,2018. Compl., ECF No. 1.
The summons for Specialty Contracting was returned executed on March 27,

2018. ECF No. 12. Specialty Contracting failed to file a responsive pleading.
Plaintiff moved for default Judgment on September 20, 2018. ECF No. 24. After

being Informed that default had not been entered against Specialty Contracting,
Plaintiff applied to the Clerk for entry of default, ECF No. 25, which the Clerk

entered on September 24,2018, In accordance with Rule 55(a) of the Federal
Rules of Civil Procedure, ECF No. 26. Plaintiff then supplemented Its motion for

default judgment on September 24, 2018. ECF No. 27. The time for filing a
response has passed.

On September 25, 2018, the Magistrate Judge entered a report and
recommendation (R&R) recommending that Plaintiff's motion for default
judgment be granted. EOF No. 28. The R&R informed the parties of their rightto
object within fourteen days and specifically noted that the failure to object would
result in waiver of the right to de novo review by the District Judge or the right to
appeal the District Court's adoption of the R&R. Id. at 3. No objections have
been filed.

Accordingly, the R&R, EOF No. 28, is ADOPTED and AFFIRMED.

Plaintiffs unopposed motion for default judgment is GRANTED. The Clerk of
Court is DIRECTED to enter JUDGMENT against Specialty Contracting.

The Court awards $9,904.34, including unpaid fringe benefit contributions,
liquidated damages, and interest for October 2017 through December 2017, plus
attorney's fees of $6,860.00 plus interest from the time of judgment at the rate of
1% per month, and the costs of this action.
Additionally, Defendant Jonathan Good is DISMISSED from this action
without prejudice.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT