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Wilson v. A&K Rock Drilling, Inc.

United States District Court, S.D. Ohio, Eastern Division

June 25, 2018

CAROL A. WILSON, et al., Plaintiffs,
v.
A&K ROCK DRILLING, INC., Defendant.

          Magistrate Judge Jolson

          OPINION AND ORDER

          ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE

         This 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.

         I. BACKGROUND

         On 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.

         II. LAW & ANALYSIS

         Federal Rule of Civil Procedure (FRCP) 54(d)(2) provides, in relevant part, that

         (B) 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 judgment;
(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 it; and
(iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made

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.

         Plaintiffs submitted the Motion pursuant to 29 U.S.C. § 1132(g). The ...


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