Moore v. Reliable Home Healthcare LLC
Filing
34
ORDER granting 32 Motion to Compel Defendant is hereby ORDERED to produce the recordings and acquisition documents no later than October 7, 2022. Signed by Magistrate Judge Caroline H. Gentry on 9/16/22. (pb)
Case: 3:20-cv-00481-MJN-CHG Doc #: 34 Filed: 09/16/22 Page: 1 of 2 PAGEID #: 153
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DESHAWNA MOORE,
Plaintiff,
vs.
RELIABLE HOME HEALTH CARE,
LLC,
Defendant.
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Case No. 3:20-cv-00481
District Judge Michael J. Newman
Magistrate Judge Caroline H. Gentry
ORDER
This matter is before the Court on Plaintiff’s Motion to Compel. Plaintiff asks this
Court for an order compelling Defendant to produce (1) video and audio recordings of
conversations with Plaintiff, and (2) documents related to Defendant’s acquisition. (Doc.
32, PageID 146.) The undersigned and counsel discussed this matter during a Telephone
Status Conference on September 16, 2022. For the reasons stated during that conference,
Plaintiff’s Motion to Compel (Doc. 32) is GRANTED. Defendant is hereby ORDERED
to produce the recordings and acquisition documents no later than October 7, 2022.
Defendant is ADVISED that the failure to comply with this Court’s Order by
October 7, 2022 may result in sanctions which include, but are not limited to, an order
“(i) directing that the matters embraced in the order or other designated facts be taken as
established for purposes of the action, as the prevailing party claims; (ii) prohibiting the
disobedient party from supporting or opposing designated claims or defenses, or from
introducing designated matters in evidence; (iii) striking pleadings in whole or in part;
Case: 3:20-cv-00481-MJN-CHG Doc #: 34 Filed: 09/16/22 Page: 2 of 2 PAGEID #: 154
(iv) staying further proceedings until the order is obeyed; (v) dismissing the action or
proceeding in whole or in part; (vi) rendering a default judgment against the disobedient
party; or (vii) treating as contempt of court the failure to obey any order except an order
to submit to a physical or mental examination.” Fed. R. Civ. P. 37(b)(2)(A). As a further
sanction, the Court may order the disobedient party to pay the other party its attorneys’
fees caused by the failure to provide discovery. Fed. R. Civ. P. 37(b)(2)(C).
IT IS SO ORDERED.
s/Caroline H. Gentry
Caroline H. Gentry
United States Magistrate Judge
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