Owner Operator Independent Drivers Association Inc et al v. Comerica Bank

Filing 132

ORDER CONTINUING BENCH TRIAL DATE AND TO COMPEL, (Bench Trial Resumes on 10/31/2011 09:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley.). Signed by Judge Algenon L. Marbley on 11/5/2011. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
OWNER-OPERATOR INDEPENDENT
DRIVERS ASSOCIATION, CARL HARP
and MICHAEL WISE, as Representatives
of the Class and THE CERTIFIED CLASS
OF OWNER-OPERATORS, Case No.
C2-97-740 United States District Court
for the Southern District of Ohio,
Plaintiffs,
v.
COMERICA BANK,
Defendant.

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Case No. 05 -CV-0056
JUDGE ALGENON L. MARBLEY
Magistrate Judge King

ORDER CONTINUING BENCH TRIAL DATE AND TO COMPEL
This matter came before the Court by way of an ongoing bench trial on October 5, 2011.
Pursuant to Plaintiffs’ late production of responsive documents to the Court’s September 20,
2011, the trial is hereby adjourned to allow for additional discovery. The Plaintiffs are hereby
ORDERED to produce all remaining responsive documents and certain witnesses for deposition
by the dates indicated in the Court’s revised scheduling order, as follows:
Summary:
October 12, 2011, 5:00 p.m.

Plaintiff Owner-Operator Independent Drivers Association
(“OOIDA”) must produce all responsive documents to the
Court’s September 20, 2011, order in its possession to their
counsel, including, but not limited to, attorney billing
records from the preceding Arctic litigation and the present
litigation against Comerica from 1997 to the present.

October 17, 2011, 5:00 p.m.

Plaintiffs’ counsel must produce all responsive materials to
Defendants, subject to Plaintiffs’ redactions for opinion
work product privileged and attorney-client privileged
material consistent with the Court’s prior orders. Any
questionably privileged materials shall be submitted to the

Court prior to October 15, 2011, with a brief request for an
in camera inspection.
October 31, 2011, 9:00 a.m.

Bench Trial Resumes.

Plaintiffs are further ORDERED to make available for deposition Mr. James Johnston,
President of OOIDA, and a witness or witnesses designated by OOIDA pursuant to Defendant’s
forthcoming Rule 30(b)(6) notice for deposition.
Consistent with the Court’s bench ruling, counsel for Plaintiffs, The Cullen Law Firm
and Helmer, Martins, Rice & Popham Co., LPA, are hereby ORDERED to reimburse Defendant
for its reasonable expenses and attorneys fees associated with the taking of the depositions of
Mr. Johnston and the contemplated Rule 30(b)(6) witness(es).
This order supersedes all previous orders in this case to the extent previous orders are
inconsistent with this order.
The parties shall address questions about this order to the Court's Law Clerk, Robert
Haferd, at 614-719-3262, by way of a telephone conference with counsel for all parties
participating, or with fewer than all counsel participating with express permission of nonparticipating counsel.
IT IS SO ORDERED.

s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: October 5, 2011

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