United States District Court, S.D. Ohio, Eastern Division
CAROL A. WILSON, et al., Plaintiffs,
A&K ROCK DRILLING, INC., Defendant.
Magistrate Judge Jolson
OPINION AND ORDER
ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE
matter is before the Court on the Motion for Attorneys'
Fees (ECF No. 45) of Plaintiffs Carol A. Wilson and the
Trustees of the Ohio Operating Engineers Health and Welfare
Plan, the Ohio Operating Engineers Pension Fund, the Ohio
Operating Engineers Education and Training Fund, and the Ohio
Operating Engineers Apprenticeship Fund (“the
Funds”). For the following reasons, the Court GRANTS
the Funds' Motion for Attorneys' Fees in the amount
of $35, 144.00.
January 24, 2018, this Court granted Plaintiffs' Motion
for Summary Judgment and entered a final judgment in favor of
the Plaintiffs. (ECF Nos. 42 and 44). This Court awarded
Plaintiffs unpaid fringe benefit contributions, interest, and
statutory interest under the Employee Retirement Income
Security Act of 1974 (“ERISA”). Plaintiffs'
subsequent Motion for Attorneys' Fees was filed on
February 5, 2018. (ECF. No. 45). The Defendant has not
objected to Plaintiffs' Motion for Attorneys' Fees.
LAW & ANALYSIS
Rule of Civil Procedure (FRCP) 54(d)(2) provides, in relevant
Unless a statute or a court order provides otherwise, the
motion [for attorneys' fees] must:
(i) be filed no later than 14 days after the entry of
(ii) specify the judgment and the statute, rule, or other
grounds entitling movant to the award;
(iii) state the amount sought or provide a fair estimate of
(iv) disclose, if the court so orders, the terms of any
agreement about fees for the services for which the claim is
Fed. R. Civ. P. 54(d)(2)(B). Additionally, Southern District
of Ohio Local Civil Rule 54.2(a) requires that: “unless
a statute or court order provides otherwise, a motion for
attorney's fees under Fed.R.Civ.P. 54 must be filed not
later than forty-five days after the entry of
judgment.” S. D. Ohio Civ. R. 54.2.
submitted the Motion pursuant to 29 U.S.C. § 1132(g).