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Board of Trustees v. Specialty Contracting, Inc., 2:18-cv-23. (2018)

Court: District Court, S.D. Ohio Number: infdco20181023j59 Visitors: 8
Filed: Oct. 22, 2018
Latest Update: Oct. 22, 2018
Summary: ORDER MICHAEL H. WATSON , District Judge . 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. Plaintiffmoved for default Judgment on September 20, 201
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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. Plaintiffmoved 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.

Source:  Leagle

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