IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

EPIC FIBER UNDERGROUND : CONSTRUCTION, LLC, : : Case No. 1:24-cv-720 Plaintiff, : : Judge Jeffery P. Hopkins vs. : Magistrate Judge Karen L. Litkovitz : UTILITIES SERVICE RADIUS LLC, : : Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation (Doc. 19) issued by Magistrate Judge Karen L. Litkovitz on June 11, 2025. The Magistrate Judge recommends Plaintiff’s Motion for Default Judgment (Doc. 18) be granted in part and denied in part. No objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired. Having carefully reviewed the comprehensive findings and conclusions of the Magistrate Judge and finding no clear error, the Court hereby ADOPTS the Report and Recommendation (Doc. 19) in its entirety. See Fed. R. Civ. P. 72 (advisory committee notes from 1983 amendment) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation”); see, e.g., Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv-2768,

, at *1 (S.D. Ohio Oct. 28, 2022). Accordingly, the Court ORDERS as follows: 1. Plaintiffs Motion for Default Judgment (Doc. 18) is GRANTED in part and DENIED in part: a. Plaintiff's requests for (1) default judgment on its breach of contract claim, (2) pre-judgment interest, (3) attorney fees and costs, and (4) post-judgment interest are GRANTED. b. Plaintiff's requests for default judgment on its unjust enrichment and Ohio Prompt Payment Act (OPPA) claims are DENIED. 2. Judgment in the amount of $118,890.03, plus post-judgment interest at the federal statutory rate to accrue until paid shall be ENTERED against Defendant. IT IS SO ORDERED. October 7, 2025 Birppag. | prin Hon. Ja&fefy P. Hopkins United States District Judge