UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TRUSTEES OF BOILERMAKERS’ AND

BLACKSMITHS’ LODGE 169 VACATION

FUND, TRUSTEES OF BOILERMAKERS’

AND BLACKSMITHS’ LODGE 169

EMPLOYEE SECURITY FUND,

TRUSTEES OF BOILERMAKERS’ AND

BLACKSMITHS’ LODGE 169 SICK AND

DISABLED FUND, TRUSTEES OF

BOILERMAKERS’ AND BLACKSMITHS’

LODGE 169 TRAINING AND WELDING

CERTIFICATION FUND, TRUSTEES OF

BOILERMAKERS’ AND BLACKSMITHS’

LODGE 169 SUPPLEMENTAL WELFARE

FUND, and BOILERMAKERS’ AND

BLACKSMITHS’ LODGE 169,

Plaintiffs,

v.

CREATIVE COMPOSITES, INC. and

BRAD McPHEE,

Defendants.

 /

Case No. 14-14477

HONORABLE STEPHEN J. MURPHY, III

ORDER ADOPTING REPORT AND 

RECOMMENDATION (document no. 14), AND GRANTING 

PLAINTIFFS’ MOTION FOR ENTRY OF DEFAULT JUDGMENT (document no. 12)

The Plaintiffs, a labor organization and several of its related benefit trust funds, filed

a complaint against the Defendants on November 24, 2014, seeking unpaid fringe benefit

contributions required under a collective bargaining agreement. ECF No. 1. Plaintiffs also

asserted that Defendants failed to pay amounts required under the Michigan Building

Contract Fund Act, and that Defendant McPhee breached his fiduciary duty under ERISA.

Plaintiffs sought an order compelling an audit to determine what the Defendants owed, and

an order directing payment of such funds. The Defendants did not respond to the

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complaint, and the Clerk entered an order of default on January 26, 2015. ECF Nos. 10,

11. Plaintiffs filed a motion for entry of judgment of default on June 17, 2015. ECF No. 12.

The magistrate judge issued a Report and Recommendation on August 12, 2015,

recommending an entry of default. ECF No. 14. 

Under Civil Rule 72(b), each party had fourteen days from the date of service to file

any written objections to the recommended disposition. Neither party has filed any

objections. De novo review of the magistrate judge’s findings is therefore not required. See

Fed. R. Civ. P. 72(b)(2)–(3) (mandating de novo review only if the parties “serve and file

specific written objections to the proposed findings and recommendations”). The Court has

reviewed the file and the Report, and finds that the magistrate judge’s analysis is proper.

Accordingly, the Court adopts the Report’s findings and conclusions, and will enter an

appropriate judgment.

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ORDER

WHEREFORE, it is hereby ORDERED that the Magistrate Judge’s Report and

Recommendation (document no. 14) is ADOPTED. 

IT IS FURTHER ORDERED that the Plaintiffs’ Motion for Default Judgment

(document no. 12) is GRANTED.

IT IS FURTHER ORDERED that the Plaintiffs shall properly provide Defendants with

a copy of this order within 14 days.

IT IS FURTHER ORDERED that the Defendants (1) produce the books and records

necessary to conduct an audit and submit to such an audit; (2) submit contribution reports

for the period of August 30, 2013, to the present; and (3) remit benefit contributions due for

the same period. If Defendants fail to submit to the audit within 21 days of receipt of this

order, the Court will consider them in contempt.

 SO ORDERED.

s/Stephen J. Murphy, III 

STEPHEN J. MURPHY, III

United States District Judge

Dated: September 2, 2015

I hereby certify that a copy of the foregoing document was served upon the parties and/or

counsel of record on September 2, 2015, by electronic and/or ordinary mail.

s/Carol Cohron 

Case Manager

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