Ohio & Vicinity Carpenters Fringe Benefit Funds, Inc. v. T&M Contractors, LLC

Filing 32

OPINION and ORDER - Within FIVE DAYS, Plaintiff shall file a supplemental motion containing citations to Ohio cases, or cases interpreting Ohio Revised Code Section 2329.07, that support the assertion that its motion meets one of the criteria under Ohio Revised Code Section 2329.07(B)(1)(a)-(d). Signed by Judge Michael H. Watson on 4/12/2023. (jk)

Case: 2:16-cv-00876-MHW-EPD Doc #: 32 Filed: 04/12/23 Page: 1 of 2 PAGEID #: 101

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Ohio & Vicinity Carpenters
Fringe Benefits Funds, inc.,
Plaintiff,

Case No. 2:16-cv-876

V.

Judge Michael H. Watson

T&M Contractors, LLC,

Magistrate Judge Deavers

Defendant.
OPINION AND ORDER

The Court entered default judgment for Plaintiff In this case on March 28, 2018.

Op. and Order, EOF Nos. 13, 27. Judgment entered the same day. Judgment, EOF
No. 28.

Now, Plaintiff moves to renew the Judgment, stating It "has not collected any
amounts toward th[e] Judgment." Mot. 1, EOF No. 29.

"Congress never established a limitations period governing the duration of a
federal Judgment's effectiveness; Instead, federal courts borrow the forum state's

procedures for enforcing Judgments." Hanover Ins. Co. V.Alexander, No. 11-11055,

2021 WL 962456, at *1 (E.D. Mich. Nov. 22,2021)(citations omitted); see also Fed. R.

Civ. P. 69(a)(1)("[tjhe procedure on execution—and In proceedings supplementary to
and In aid of Judgment or execution—must accord with the procedure of the state where
the court is located," unless a federal statute applies). Here, the forum state Is Ohio, so
the Court looks to Ohio law.

Case: 2:16-cv-00876-MHW-EPD Doc #: 32 Filed: 04/12/23 Page: 2 of 2 PAGEID #: 102

Under Ohio law, a Judgment becomes dormant "unless one of the following
occurs within five years from the date of the judgment or any renewal of the judgment,
whichever is later":

(a) An execution on a judgment is issued.
(b) A certificate of judgment for obtaining a lien upon lands and
tenements is issued and filed, as provided in sections 2329.02 and
2329.04 of the Revised Code.

(c) An order of garnishment is issued or is continuing, or until the last
gamishment payment is received by the clerk of courts or the final report
is filed by the garnishee, whichever is later.

(d) A proceeding in aid of execution is commenced or is continuing.
Ohio Rev. Code § 2329.07(B)(1). "[T]he occurrence of any of the actions set forth" in
(aHd)creates a "[rjenewai of the judgment." Ohio Rev. Code § 2329.07(A).
Plaintiffs motion was filed before the five-year period expired at the end of March
2023, so the judgment survives dormancy if Plaintiffs motion qualifies as a "renewal of

the judgment" under(B)(1 )(a)-(d). Although Plaintiff states that its motion "is legally and
procedurally sufficient to request that the original judgment be extendedf,]" Mot 3, ECF
No. 29, Plaintiff provides no legal authority for that proposition, and Plaintiff fails to
identify under which subdivision its motion qualifies as a renewal of the judgment.

Within FIVE DAYS, Plaintiff shall file a supplemental motion containing citations
to Ohio cases, or cases interpreting Ohio Revised Code Section 2329.07, that support
the assertion that its motion meets one of the criteria under Ohio Revised Code Section

2329.07(B)(1)(a)-(d). The supplement shall clarify which subdivision the motion

satisfies. Failure to file said supplement shall result in denial of Plaintiffs motion.
IT IS SO ORDERED.

fAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:16-cv-876

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