Opinion
Civil Action 2:15-cv-2889
12-08-2015
CAROL A. WILSON, et al., Plaintiffs, v. GP WIND-DOWN COMPANY LLC, Defendant.
Judge Frost
REPORT AND RECOMMENDATION
This is an action for interest on untimely-paid fringe benefit contributions to employee benefits plans pursuant to a collective bargaining agreement. Plaintiffs assert claims under ERISA, 29 U.S.C. § 1132, and the LMRA, 29 U.S.C. § 185. Defendant GP Wind-Down Company LLC, a/k/a A2 Services LLC, d/b/a Geneva Pipeline LLC ("defendant"), was served with a summons and a copy of the Complaint on October 21, 2015, see ECF 4, but failed to plead or otherwise defend this action. Plaintiffs applied to the Clerk for entry of default, Plaintiffs' Application for Entry of Default against Defendant, ECF 6, and the Clerk entered defendant's default pursuant to Fed. R. Civ. P. 55(a) on December 3, 2015. Entry of Default, ECF 7. This matter is now before the Court on Plaintiffs' Motion for Default Judgment, ECF 8, seeking default judgment against the defendant.
Plaintiffs have established that defendant is a party to a collective bargaining agreement by which defendant agreed to pay contributions to the Ohio Operating Engineers employee benefit funds. Affidavit in Support of Motion for Default Judgment by Clerk, ¶ 2, attached to Plaintiffs' Motion for Default Judgment, ECF 8-1. Defendant failed to make timely contributions to the funds for the audit period June 1, 2014 to August 1, 2014, and - although the contributions have now been paid - defendant has accumulated interest charges in the amount of $2,479.50. Id. at ¶ 6. Plaintiffs have also established that they have incurred attorney's fees in the amount of $840.00, reflecting 4.20 hours compensated at the rate of $200.00 per hour. Affidavit of Counsel, ¶ 5, attached to Plaintiffs' Motion for Default Judgment, ECF 8-3. See also Invoice for Legal Services, attached to Plaintiffs' Motion for Default Judgment, ECF 8-4. Plaintiffs are entitled to interest and attorney fees on the untimely contributions. See 29 U.S.C. § 1132(g)(2); Mich. Carpenters Council Health & Welfare Fund v. C.J. Rogers, Inc., 933 F.2d 376 (6th Cir. 1991).
It is therefore RECOMMENDED that Plaintiffs' Motion for Default Judgment, ECF 8, be GRANTED. It is SPECIFICALLY RECOMMENDED that the Clerk enter judgment against defendant GP Wind-Down Company LLC, a/k/a A2 Services LLC, d/b/a Geneva Pipeline LLC, and that plaintiffs have and recover from defendant the sum of Two Thousand Four Hundred Seventy-Nine Dollars and Fifty Cents ($2,479.50), for interest, and a reasonable attorney's fee in the amount of Eight Hundred Forty Dollars ($840.00).
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). December 8, 2015
s/Norah McCann King
Norah McCann King
United States Magistrate Judge