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16-1202 - Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. CJ&L Construction, Inc. et al


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16-1202 - Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. CJ&L Construction, Inc. et al
February 2, 2017
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REPORT AND RECOMMENDATION that RECOMMENDS the 6 MOTION for Default Judgment against CJ&L Construction, Inc. filed by Boards of Trustees of Ohio Laborers' Fringe Benefit Programs be GRANTED, that the Clerk enter judgment against Defendant CJ & L Construction, Inc. and Defendant James Kossen be DISMISSED. Objections to R&R due by 2/16/2017. Signed by Magistrate Judge Kimberly A. Jolson on 2/2/17. (sem)
February 17, 2017
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ORDER adopting 8 the Magistrate Judge's 02/02/17 Report and Recommendation. Plaintiff's Motion for Default Judgment against Defendant CJ&L Construction, Inc. is granted and the claims against Defendant James Kossen are dismissed. The Clerk is directed to enter judgment against Defendant CJ&L Construction, Inc. and in favor of Plaintiff in the amount of $12,836.97, including unpaid fringe benefit contributions from 09/16 through 01/14/17, and prejudgment interest and liquidated damages, plus attorneys' fees of $1,960.00, plus interest from the time of judgment at the rate of 1% per month, and the costs of this action as provided for by ERISA Section 502(g)(2), 29 U.S.C. ยง 1132(g)(2), and the collective bargaining agreement. Signed by Chief Judge Edmund A. Sargus on 02/17/2017. (dh1)