Beyoglides v. Montgomery County Sheriff Department et al

Filing 50

ORDER AND ENTRY: (1) GRANTING DEFENDANTS UNOPPOSED MOTION TO ENFORCE A SUBPOENA ISSUED TO MARCUS MAXWELL (DOC. 49 ); (2) DIRECTING MARCUS MAXWELL TO APPEAR BEFORE THE COURT ON MARCH 7, 2016 TO SHOW CAUSE FOR FAILURE TO COMPLY WITH A SUBPOENA; (3) DIRECTING MARCUS MAXWELL TO APPEAR FOR DEPOSITION ON FEBRUARY 29, 2016; AND (4) ORDERING THIS ORDER BE PERSONALLY SERVED ON MARCUS MAXWELL BY THE UNITED STATES MARSHAL. Signed by Magistrate Judge Michael J. Newman on 2/19/2016. (ead)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
HARRY G. BEYOGLIDES, JR.,
Special Administrator of the Estate of
Robert A. Richardson, Sr., Deceased,

Case No. 3:14-cv-158

Plaintiff,
vs.
MONTGOMERY COUNTY SHERIFF, et al.,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendants.

ORDER AND ENTRY: (1) GRANTING DEFENDANTS’ UNOPPOSED MOTION TO
ENFORCE A SUBPOENA ISSUED TO MARCUS MAXWELL (DOC. 49);
(2) DIRECTING MARCUS MAXWELL TO APPEAR BEFORE THE COURT ON
MARCH 7, 2016 TO SHOW CAUSE FOR FAILURE TO COMPLY WITH A
SUBPOENA; (3) DIRECTING MARCUS MAXWELL TO APPEAR FOR DEPOSITION
ON FEBRUARY 29, 2016; AND (4) ORDERING THIS ORDER BE PERSONALLY
SERVED ON MARCUS MAXWELL BY THE UNITED STATES MARSHAL

This civil consent case is before the Court on Defendants’ unopposed motion to
enforce a subpoena issued to Marcus Maxwell (“Maxwell”). Doc. 49. Defendants issued a
subpoena -- along with payment of a witness fee and reasonable mileage -- to Maxwell on
January 6, 2016, which directed him to appear for deposition on January 19, 2016. Doc. 49 at
PageID 407-10. Maxwell was served on January 11, 2016. Id. at PageID 407. Maxwell failed
to appear for the January 19, 2016 deposition, and further failed to appear for a rescheduled
deposition -- arranged between counsel and Maxwell personally -- on January 29, 2016. Id. at
PageID 404-05. Counsel have now agreed to, again, reschedule Maxwell’s deposition for
February 29, 2016, and request an directing him to appear on that date. Id.

It appearing that Maxwell may be in contempt for failing to comply with a lawfully
issued subpoena, the Court ORDERS Maxwell to personally appear before the undersigned
United States Magistrate Judge on March 7, 2016 in Courtroom #4 of the Federal Building
(200 West Second Street, Fifth Floor, Dayton, Ohio 45202) to SHOW CAUSE as to why he
should not be held in contempt. Failure to appear and show cause as ORDERED may result in
sanctions and/or the issuance of an arrest warrant.
Maxwell is further ORDERED to appear for deposition on February 29, 2016 at 1:00
p.m. for deposition at the office of Dinkler Pregon LLC (5335 Far Hills Avenue, Suite 123,
Dayton, Ohio 45429). Should Maxwell appear for deposition as ORDERED on February 29,
2016, this Show Cause Order and the Show Cause hearing set for March 7, 2016 will be
vacated. Should Maxwell fail to appear for deposition as ORDERED herein, he shall appear
before the undersigned on March 7, 2016 to SHOW CAUSE as to why he should not be held
in contempt.
Counsel are ORDERED to advise the Court as to whether or not Maxwell appeared for
deposition by jointly filing a notice on the Court’s docket on or before 4:00 p.m. on March 1,
2016.
This Order shall be personally served upon Marcus Maxwell at 3943 Beatty Road,
Dayton, Ohio 45416 by the United States Marshal.
IT IS SO ORDERED.

Date:

February 19, 2016

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

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