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

Filing 98

ORDER RESETTING BENCH TRIAL AND FINAL PRETRIAL CONFERENCE AND GRANTING 85 MOTION to Continue Trial Date filed by Comerica Bank, ( Bench Trial reset for 10/3/2011 09:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley, Final Pretrial Conference reset for 9/26/2011 10:30 AM in Chambers before Judge Algenon L. Marbley.). Signed by Judge Algenon L. Marbley on 08/30/2011. (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 RESETTING BENCH TRIAL DATE
AND FINAL PRETRIAL CONFERENCE
This matter is before the Court on Defendant Comerica Bank's Motion for Continuance
(Doc. 85). The Court granted Comerica's request for additional discovery, which has led to
timing issues and provided Comerica with a limited amount of time to depose Plaintiff's
representatives and prepare for trial. Additionally, Defendant’s Trial Attorney will be out of the
country during the current trial date. After due consideration and for good cause shown,
Defendant’s Motion is GRANTED. The bench trial date is reset for Monday, October 3, 2011
at 9:00 a.m. In preparation for trial the Court has set the following schedule to which the parties
are to adhere.
Summary:
September 12, 2011

Motions in limine, pretrial motions, designation of deposition
portions, witness statements, stipulations, and exhibit lists.

September 19, 2011

Memoranda contra pretrial motions or motions in limine,
objections to deposition designations, and final pretrial order.

September 26, 2011

Final pretrial conference at 10:30 a.m. in chambers, 85 Marconi
Boulevard, Room 319, Columbus, Ohio, submission of trial briefs.

October 3, 2011

Bench Trial - opening statements and presentation of evidence.

There is one additional issue this Court must address. Plaintiffs contend that there is an
additional discovery dispute and that they do not have to respond to Defendant’s document
requests.1 The Court addressed this issue in its August 19, 2011, Order (Doc. 84). Defendant’s
document requests fall within the scope of that Order, and thus Plaintiffs shall comply with the
requests. No additional briefing on this issue is required.
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, Annika
Goldman, 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: August 30, 2011

1

The Court stated on the record that it would grant no further continuances, but also
conditioned this statement on the absence of discovery disputes after the order that the Parties’
asked the Court to issue regarding supplemental discovery and damages. After the Court’s order
went out, the Plaintiffs failed to comply with the Court’s discovery order or to notify the Court
that they disputed the scope of the Defendant’s discovery requests. This contributed to the timing
issues already noted and further warrants granting the continuance.
2