M-Cor Steel, Inc. v. Rodgers

Filing 75

ORDER adopting Report and Recommendations 72 . The parties are ORDERED to appear on Wednesday, May 2, 2018 at 9:30 a.m. before the Honorable Algenon L. Marbley, United States District Court, 85 Marconi Boulevard, Columbus, Ohio, Court Room 1, Room 331. Defendant William D. Rodgers must show cause as to why he should not be held in contempt for failure to appear. Signed by Judge Algenon L. Marbley on April 13, 2018. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
M-COR STEEL, INC.,

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Plaintiff,
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v.
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WILLIAM D. RODGERS dba TBI STEEL, :
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Defendant.
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Case No. 2:17-MC-35
JUDGE ALGENON L. MARBLEY
Magistrate Judge Jolson

ORDER
This matter is before the Court on the Report and Recommendation and Certification of
Facts entered by the Magistrate Judge on March 14, 2018 (ECF No. 72). No objections have
been filed to the Report and Recommendation, and the deadline for objections (March 28, 2018)
has lapsed.
The Magistrate Judge recommends that a show-cause order be issued to Defendant
William D. Rodgers to appear before the undersigned to show cause as to why he should not be
held in contempt for failure to obey the Court’s Orders (ECF Nos. 60, 70). Specifically, Mr.
Rodgers failed to appear for the judgment debtor examination on January 9, 2018 (ECF No. 60),
and subsequently failed to appear for a March 14, 2018 show cause hearing in front of the
Magistrate Judge on the issue of why he should not be held in contempt of court for his failure to
appear for the judgment debtor examination (ECF No. 70). The Order to Show Cause (ECF No.
70) was sent to Mr. Rodgers by direct and certified mail, and while he did not claim the certified
mail (ECF No. 74), Mr. Rodgers received the order both by regular mail and through a process
server (ECF No. 73). Mr. Rodgers did not appear at the show-cause hearing, did not notify the
Court that he would not appear, and did not seek a continuance or otherwise object.

The Court hereby ADOPTS the Report and Recommendation (ECF No. 72) based on
independent consideration of the analysis therein. The parties are therefore ORDERED to
appear on Wednesday, May 2, 2018 at 9:30 a.m. before the Honorable Algenon L. Marbley,
United States District Court, 85 Marconi Boulevard, Columbus, Ohio, Court Room 1, Room 331.
At that time, Defendant William D. Rodgers must show cause as to why he should not be held in
contempt for failure to appear for the debtor examination and failure to appear for the March 14,
2018 show cause hearing.
Defendant Rodgers is cautioned that failure to appear for this hearing, without leave of
Court, will result in a bench warrant being issued for his immediate arrest.

IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: April 13, 2018

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