The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BOARDS OF TRUSTEES OF THE
OHIO LABORERS BENEFITS,
Plaintiff,
Case No. 2:20-cv-4695
vs. Chief Judge Algenon L. Marbley
Magistrate Judge Elizabeth P. Deavers
ATLAS GENERAL
CONSTRUCTION LLC,
Defendant.
ORDER
This matter is before the Court for consideration of the Motion for Default Judgment.
(ECF No. 12.) The docket reflects that Defendant Atlas General Construction LLC (“Atlas”)
was properly served on October 22, 2020 but has failed to plead or otherwise defend this action.
(ECF Nos. 8, 9.) Plaintiff applied to the Clerk for entry of default (ECF No. 8) and the Clerk
entered default pursuant to Federal Rule of Civil Procedure 55(a) on January 6, 2021. (ECF No.
10). For the reasons that follow, Plaintiff’s Motion for Default Judgment (ECF No. 12) is
GRANTED.
Here, Plaintiff has established that Defendant Atlas has entered into various agreements,
which obligate Atlas to file monthly contribution reports, permit audits of its financial records,
and make hourly contributions, and also authorize Plaintiff to conduct an audit of financial
records, collect delinquent contributions, and assess and collect liquidated damages and interest
for failure to remit required contributions and deductions. (ECF No. 12 (citing ECF No. 12-1 at
PAGEID # 36, ¶¶ 10-11).) Plaintiff also has established that Defendant Atlas failed to make
required contributions in a timely manner on multiple occasions, totaling $16,408.15, all of
which remains due and owing. (Id. (citing ECF No. 12-1 at PAGEID # 37, ¶¶ 13, 15).)
Accordingly, Plaintiffs are entitled to liquidated damages, interest, and attorney fees on these
unpaid contributions. 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). To this end, Plaintiff has established
that delinquent contributions, liquidated damages, and interest are due from Defendant Atlas as
follows: $16,408.15 in delinquent contributions, $1,640.81 in liquidated damages, $2,688.46 in
interest through May 26, 2021, plus attorney’s fees and court costs as allowed by the Court. (Id.
(citing ECF No. 12-1 at PAGEID ## 37-38, ¶¶ 13, 17, 18).)
Plaintiff seeks an award of attorney’s fees in the amount of $1,886.50, for 10.5 hours
billed at the rate of $350.00 per hour, and also seeks $406.95 in costs. (ECF No. 12.) Plaintiff
seeks only 51% of the lodestar award of $3,675.00 (10.5 hours multiplied by $350.00 per hour),
and Plaintiff has provided support that the number of hours billed and the hourly rate charged are
reasonable. (Id. (citing ECF No. 12-2 at PAGEID ## 40-41, ¶¶ 3-4).) The Court finds that under
these circumstances, Plaintiff’s attorney’s fees are reasonable.
Plaintiff is therefore entitled to judgment in the amount of $16,408.15 in delinquent
contributions, $1,640.81 in liquidated damages, $2,688.46 in interest through May 26, 2021,
$1,886.50 in attorney’s fees, and $406.95 in costs, for a total of $23,030.87, plus interest from
the date of judgment at a rate of 1% as set forth in the underlying agreements to which Defendant
Atlas is subject.
Accordingly, the Motion for Default Judgment, ECF No. 12, is GRANTED. The Clerk
is DIRECTED to enter JUDGMENT against Atlas General Construction LLC. The Court
AWARDS Plaintiff the sum of $23,030.87, which constitutes $16,408.15 in delinquent
contributions, $1,640.81 in liquidated damages, $2,688.46 in interest through May 26, 2021,
$1,886.50 in reasonable attorney’s fees, and $406.95 in costs, plus interest from the date of
judgment at the rate of one percent (1%) per month.
IT IS SO ORDERED.
LA L. =.
CHIEF UNITED STATES DISTRICT JUDGE
DATED: March 14, 2022