Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Waugh Excavating, LLC et al
ORDER granting 7 Motion to Compel. Signed by Magistrate Judge Terence P. Kemp on 1/12/2017. (agm)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
Boards of Trustees of the Ohio Laborers’ Fringe Benefit
Waugh Excavating, LLC, et al.
Case No. 2:16-CV-1111
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
/s/ Steven L. Ball
Steven L. Ball (0007186)
Ball & Tanoury
1010 Old Henderson Road – Suite 1
Columbus, OH 43220
Trial Attorney for Plaintiffs
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