Taylor v. Western Southern Financial Group

Filing 3

ORDER - IT IS THEREFORE ORDERED THAT: 1. Western Southerns counsel of record serve a copy of its Memorandum in Opposition to Plaintiffs counsel by registered mail, return receipt requested, at the following address:John J. Scaccia, Scaccia & Associates, LLC, 1814 East Third Street, Dayton, OH 45403 2. On or before December 19, 2012, Taylor shall file a Response, if any, to Western Southern's Memorandum in Opposition. Signed by Magistrate Judge Sharon L Ovington on 11/27/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
SHANNON TAYLOR,

:

Plaintiff,

:
Case No. 3:12mc00020

vs.

:

WESTERN SOUTHERN
FINANCIAL GROUP,

:

District Judge Timothy S. Black
Magistrate Judge Sharon L. Ovington

:
Defendant.
:

ORDER

This case is before the Court upon Shannon Taylor’s Motion or Complaint to
Vacate Arbitrator’s Award (Doc. #1) and Western Southern Financial Group’s
Memorandum in Opposition (Doc. #2). Taylor has not responded to Western Southern’s
Memorandum in Opposition.
An issue arose during arbitration concerning whether Taylor’s counsel timely
received a copy of Western Southern’s Motion for Summary Judgment. The issue seems
to persist in the present case. Upon review of the record, it is unclear whether or not
Taylor’s counsel has received a copy of Western Southern’s Memorandum in Opposition.
Western Southern indicates in its certificate of service that it intended notify Plaintiff’s
counsel about its Memorandum in Opposition by sending notice to a Springboro, Ohio
address. (Doc. #2, PageID at 58). Yet, the Springboro, Ohio address is different from the

Dayton, Ohio address Plaintiff’s counsel provided in the Motion or Complaint to Vacate
Arbitrator’s Award. (Doc. #1, PageID at 3). Additionally, Plaintiff’s counsel is presently
registered on this Court’s Case Management Electronic Case Filing system at the same
Dayton, Ohio address provided in his Complaint or Motion.

IT IS THEREFORE ORDERED THAT:
1.

Western Southern’s counsel of record serve a copy of its Memorandum in
Opposition to Plaintiff’s counsel by registered mail, return receipt
requested, at the following address:
John J. Scaccia
Scaccia & Associates, LLC
1814 East Third Street
Dayton, OH 45403

2.

On or before December 19, 2012, Taylor shall file a Response, if any, to
Western Southern’s Memorandum in Opposition.

November 27, 2012
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge

2