T. Lemkau & Assoc., Ltd. v. Sowa Tool & Machine Co., Ltd.

Filing 12

Report and Recommendations - The parties have settled their discovery dispute without further judicial intervention. It is therefore recommended that this miscellaneous action be dismissed as moot. Signed by Magistrate Judge Michael R Merz on 07/09/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
T. LEMKAU & ASSOC., LTD.,

:
Case No. 3:12-mc-009

Plaintiff,
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
-vsSOWA TOOL & MACHINE CO., LTD.,
Defendant.

:

REPORT AND RECOMMENDATIONS
This miscellaneous case was filed by Sowa Tool & Machine Co. to compel production of
documents by non-party Wohlhaupter Corporation pursuant to subpoena duces tecum (Motion,
Doc. No. 1). On May 1, 2012, the Magistrate Judge denied the Motion without prejudice to its
renewal on certain conditions set forth in the Decision and Order (Doc. No. 9).
No further filings have occurred and the Magistrate Judge infers that the parties have
settled their discovery dispute without further judicial intervention. It is therefore recommended
that this miscellaneous action be dismissed as moot.

Michael R. Merz

s/
United States Magistrate Judge

1

2

NOTICE REGARDING OBJECTIONS
Pursuant to Fed.R.Civ.P. 72(b), any party may serve and file specific, written objections to the

proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Pursuant to Fed.R.Civ.P. 6(e), this period is automatically extended to
seventeen days because this Report is being served by one of the methods of service listed in
Fed.R.Civ.P. 5(b)(2)(B), (C), or (D) and may be extended further by the Court on timely motion
for an extension. Such objections shall specify the portions of the Report objected to and shall
be accompanied by a memorandum in support of the objections. If the Report and
Recommendations are based in whole or in part upon matters occurring of record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party’s objections
within fourteen days after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See, United States v. Walters, 638
F.2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140 (1985).