Central States Southeast and Southwest Areas Health and Welfare and Pension Funds, et al. v. Cuyahoga Dairy, Inc.

Filing 29

Opinion & Order signed by Judge James S. Gwin on 5/17/17 granting plaintiff's motion to compel discovery and denying Moreno Transporte's motion to quash. (Related Docs. 25 and 26 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------CENTRAL STATES SE. AND SW.
AREAS PENSION FUND,
Plaintiff,
vs.
CUYAHOGA DAIRY, INC.,
Defendant.

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CASE NO. 1:15-MC-41
(CASE NO. 13-CV-430)

OPINION & ORDER
[Resolving Docs. 25, 26]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:

This matter concerns whether Plaintiff Central States may compel discovery from nonparty Moreno Transporte. After Plaintiff won judgment against Defendant Cuyahoga Dairy,
Defendant declared bankruptcy.1 Plaintiff now seeks discovery to determine if Moreno
Transporte is a successor company to Defendant Cuyahoga Dairy.2
Moreno Transporte moved to quash Plaintiff’s discovery request, saying the request is a
fishing expedition for confidential information.3 Plaintiff responded by moving to compel
discovery.4
Under Federal Civil Procedure Rule 69, a “judgment creditor . . . may obtain discovery
from any person . . . as provided in these rules” “in aid of a judgment.”5 The Court finds

1

Doc. 26 at 2-3.
Plaintiff says Moreno Transporte would be jointly and severally liable if it is a successor to Cuyahoga Dairy.
3
Doc. 25.
4
Doc. 26.
5
Fed. R. Civ. P. 69(a)(2).
2

Case Nos. 1:15-MC-41
Gwin, J.
Plaintiff’s discovery request sufficiently narrowly tailored to determine if Moreno Transporte is a
successor company.6 The request is not a fishing expedition.7
Moreno Transporte says Plaintiff seeks confidential information. Plaintiff Central States
offered to enter into a confidentiality agreement.8 This offer sufficiently addresses Moreno
Transporte’s confidentiality concerns.
Accordingly, this court GRANTS Plaintiff’s motion to compel discovery and DENIES
Moreno Transporte’s motion to quash.
IT IS SO ORDERED.

Dated: May 17, 2017

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Under Fed. R. Civ. P. Rule 26(b)(1), “parties may obtain discovery regarding any non-privileged matter that is
relevant to any party’s claim or defense.”
7
See, e.g., Cent. States, Se. & Sw. Areas Pension Fund v. King Dodge, Inc., 2011 WL 2784118, at *3 (E.D. Mo.
July 15, 2011).
8
Doc. 25-8.
6

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