Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Waugh Excavating, LLC et al

Filing 8

ORDER granting 7 Motion to Compel. Signed by Magistrate Judge Terence P. Kemp on 1/12/2017. (agm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Boards of Trustees of the Ohio Laborers’ Fringe Benefit Programs, Plaintiffs, v. Waugh Excavating, LLC, et al. Defendants. : : : : : : : : : : : Case No. 2:16-CV-1111 Judge Watson Magistrate Judge Kemp ORDER GRANTING PLAINTIFFS’ MOTION TO ACCELERATE AND COMPEL DISCOVERY This cause came on to be heard upon Plaintiffs’ Motion to Accelerate and Compel Discovery. It appearing to the Court that Defendants have failed to answer or otherwise appear in this action, and default having been entered, and it further appearing that the Complaint seeks to compel an audit of Defendants’ payroll records and that production of the records and the testimony of its officer is necessary to complete the audit and to permit Plaintiffs to seek any ultimate relief by way of a money judgment that may be appropriate, and it further appearing that cause exists to accelerate the commencement of discovery pursuant to Civil Rule 26, and to compel the Defendants to respond, it is hereby ORDERED that Defendant Waugh Excavating, LLC and Joshua M. Waugh, Individually and as a Member/Officer of Waugh Excavating, LLC is ordered to appear for deposition on the 26th day of January, 2017 at 3:00 p.m. and to produce the payroll documents requested in Plaintiffs’ Notice of Deposition. _________________________________________________ UNITED STATES MAGISTRATE JUDGE Approved: /s/ Steven L. Ball Steven L. Ball (0007186) Ball & Tanoury 1010 Old Henderson Road – Suite 1 Columbus, OH 43220 (614) 447-8550 Trial Attorney for Plaintiffs

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