Henken v. IW Trust Funds

Filing 32

ORDER: (1) GRANTING DEFENDANT'S MOTION TO SUBSTITUTE THE ADMINISTRATIVE RECORD (DOC. NO. 26 ); (2) SEALING THE ORIGINAL ADMINISTRATIVE RECORD (DOC. NO. 20 ); (3) DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO FILE OUTSIDE OF THE ELECTRONIC SYSTEM (DOC. NO. 29 ); AND (4) DIRECTING PLAINTIFF'S COUNSEL TO COMPLY WITH THE LOCAL RULES FOR THE SOUTHERN DISTRICT OF OHIO. Signed by Judge Michael J. Newman on 07/13/2021. (bjr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JERAMY HENKEN,
Plaintiff,

Case No. 3:20-cv-371

vs.
IRON WORKERS DISTRICT COUNCIL
OF SOUTHERN OHIO & VICINITY
PENSION TRUST,

District Judge Michael J. Newman

Defendant.
______________________________________________________________________________
ORDER: (1) GRANTING DEFENDANT’S MOTION TO SUBSTITUTE THE
ADMINISTRATIVE RECORD (DOC. NO. 26); (2) SEALING THE ORIGINAL
ADMINISTRATIVE RECORD (DOC. NO. 20); (3) DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO FILE OUTSIDE OF THE ELECTRONIC SYSTEM (DOC.
NO. 29); AND (4) DIRECTING PLAINTIFF’S COUNSEL TO COMPLY WITH THE
LOCAL RULES FOR THE SOUTHERN DISTRICT OF OHIO
______________________________________________________________________________
This civil case is before the Court on two motions: (1) Defendant’s motion to substitute the
administrative record; and (2) Plaintiff’s motion to file outside of the electronic system for the
Southern District of Ohio. Doc. Nos. 26, 29. Defendant recognizes that not all personal identifiers
in the administrative record were redacted and requests that the Court substitute or switch the
original administrative record with the properly redacted record attached to the pending motion.
Doc. No. 26; Doc. No. 26-1. For good cause shown, the Court GRANTS Defendant’s motion to
substitute (doc. no. 26); and ORDERS the Clerk of Court to seal the original administrative record
(doc. no. 20).
Additionally, Plaintiff’s counsel, Florio, Esq., asserts that he has been “shut out of the
Electronic System [i.e. CF/ECF] and has never received a correspondence from it.” Doc. No. 29
at PageID 1063. The Court ADVISES Mr. Florio that if he wishes to participate in this case, he

shall file a motion to appear pro hac vice pursuant to S.D. Ohio Civ. R. 83.3(e). Additionally, the
Court DIRECTS Mr. Florio to comply with the Local Rules for the Southern District of Ohio. For
these reasons, Plaintiff’s motion to filed outside of the electronic system (doc. no. 29) is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
Date:

July 13, 2021

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge

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