Opinion
3:20-cv-398
06-23-2023
TRUSTEES OF THE BRICKLAYERS AND MASONS LOCAL NO. 22 PENSION PLAN, Plaintiff, v. 5 STAR MASONRY, LLC, Defendant.
Caroline H. Gentry Magistrate Judge
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 24); (2) GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AS TO DAMAGES (Doc. No. 23); (3) AWARDING JUDGMENT, AND DIRECTING THE CLERK OF COURT TO ENTER JUDGMENT IN PLAINTIFF'S FAVOR, AND AGAINST DEFENDANT 5 STAR MASONRY, LLC, IN THE AMOUNT OF $101,936.57; (4) REQUIRING PLAINTIFF TO FILE A BILL OF COSTS; AND (5) RETAINING JURISDICTION IN THIS MATTER UNTIL THE COURT'S JUDGMENT, INCLUDING INTEREST AND FEES, IS EXECUTED IN FULL
Hon. Michael J. Newman United States District Judge
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Caroline H. Gentry (Doc. No. 24), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and that the time for filing objections under Fed.R.Civ.P. 72(b) has expired, it is hereby ORDERED that: (1) the Report and Recommendation (Doc. No. 24) is ADOPTED in its entirety; (2) Plaintiff's motion for default judgment as to damages (Doc. No. 23) is GRANTED; and (3) Judgment is AWARDED, and the Clerk of Court is directed to enter Judgment, pursuant to Fed.R.Civ.P. 58, in Plaintiff's favor and against Defendant 5 Star Masonry, LLC in the amount of $101,936.57.
As previously ordered (Doc. No. 14, PageID 181), Plaintiff is also entitled to ongoing interest in the amount of one percent per month until the unpaid contributions are paid in full, as well as to any costs incurred in collecting the judgment amount. The Court therefore ORDERS Plaintiff to FILE a Bill of Costs detailing such expenses. The Court retains jurisdiction over this matter until its judgment, including interest and fees, is executed in full.
IT IS SO ORDERED.