Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Ohio Building Restoration Co.

Filing 28

REPORT AND RECOMMENDATION re 21 Motion for Contempt & 27 MOTION to Continue Contempt Hearing: If plaintiff does not reach an understanding with the defendant about complying with the Court's orders w/in ten (10) days, it is recommended that the defendant be found in contempt & that an arrest warrant issue. Signed by Magistrate Judge Terence P Kemp on 3/26/2012. (kk2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Boards of Trustees of the Ohio :
Laborers’ Fringe Benefit
Programs,
:
Plaintiffs,

:

v.

Case No. 2:10-cv-1032
:

Ohio Building Restoration Co.,
:

JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

Defendant.
REPORT AND RECOMMENDATION
On January 26, 2012, plaintiffs moved for an order to show
cause why defendant should not be held in contempt for failure to
comply with the Court's order of January 6, 2012, ordering
defendant to appear for deposition, answer interrogatories and
produce documents.

The matter was referred to the Magistrate

Judge for a Report and Recommendation.
Defendant and its corporate officer Duane Haas were ordered
appear on March 19, 2012, at 1:30 p.m. to show cause why a
finding of contempt should not be made.
with the notice, they did not appear.

Despite being served

However, an attorney for

the defendant had made some contact with plaintiffs’ counsel
prior to the hearing.

Plaintiff requested ten days within which

to attempt to reach an understanding with defendant about
complying with the Court’s orders.

If that does not occur, it is

recommended that the defendant be found in contempt and that an
arrest warrant issue.
The Clerk shall mail a copy of this Report and
Recommendation to the defendant by regular and certified mail.
/s/ Terence P. Kemp__________
United States Magistrate Judge