The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BOARDS OF TRUSTEES OF THE OHIO
LABORERS BENEFITS,
Plaintiff,
Civil Action 2:22-cv-2681
v. Judge Sarah D. Morrison
Magistrate Judge Chelsey M. Vascura
TJRS, LLC, et al.,
Defendants.
REPORT AND RECOMMENDATION
On October 20, 2023, the Court granted Plaintiff’s motion seeking an order requiring
Defendants to show cause why they should not be held in contempt for failure to comply with
this Court’s February August 4, 2022 Order granting Plaintiff’s Motion to Accelerate Discovery
and ordering Defendants to respond to requests for production of documents and appear for
depositions. (ECF No. 8). The Court therefore ordered Defendants to appear before the
undersigned and show cause why they should not be held in contempt at a hearing on January 10,
2024, at 1:00pm. (Id.) The Court further advised Defendant TJRS, LLC, that as a limited liability
company, it could only proceed through licenced counsel. Plaintiff’s counsel appeared at the
January 10, 2024 show cause hearing, but neither Defendant appeared.
Federal Rule of Civil Procedure 37(b)(2) sets forth a laundry list of sanctions for failure
to comply with a discovery order, including “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)(vii).
Based upon Plaintiff’s Motion for an Order for Defendants TJRS, LLC and Delance Sims
to Appear and Show Cause Why They Should Not be Held in Contempt (ECF No. 33), the
undersigned finds that Defendants have violated the Court’s August 4, 2022 Order (ECF No. 8)
by failing to appear for depositions and to respond to Plaintiff’s written discovery. It is therefore
RECOMMENDED that Defendants be held in contempt and that a fine of $100.00 PER DAY
be imposed on each Defendant until each complies with the Court’s Order to produce responses
to Plaintiff’s written discovery and appear for deposition. It is further RECOMMENDED that
Defendants be ordered to pay the attorney’s fees and costs Plaintiff reasonably incurred in
connection with its motion for a show cause hearing. Finally, it is RECOMMENDED that these
sanctions not be imposed should Defendants comply with the Court’s August 4, 2022 Order
(ECF No. 8) within fourteen days of being personally served with this Report and
Recommendation.
The United States Marshal is DIRECTED to serve this Report and Recommendation on
Defendants by personal service. The Clerk is DIRECTED to send a copy of this Order via
regular and certified mail to Defendants TJRS, LLC, and Delance Sims at 9102 Rolling Hill Rd,
Holland, OH 43528-9205.
PROCEDURE ON OBJECTIONS
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those
specific proposed findings or recommendations to which objection is made, together with
supporting authority for the objection(s). A District Judge of this Court shall make a de novo
determination of those portions of the Report or specified proposed findings or recommendations
to which objection is made. Upon proper objections, a District Judge of this Court may accept,
reject, or modify, in whole or in part, the findings or recommendations made herein, may receive
further evidence or may recommit this matter to the Magistrate Judge with instructions. 28
U.S.C. § 636(b)(1).
The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to have the District Judge review the Report
and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE