United States District Court, S.D. Ohio, Western Division, Dayton
R. Biller Paul M. De Marco Andrew P. Kimble Markovits, Stock
& De Marco LLC Counsel for Plaintiffs.
B. Dahman Trial Attorney Alexis V. Preskar Kohrman Jackson
& Krantz LLP Ghassan J. Deek Deek Law, LLC Counsel for
Defendants Cousin Vinny's Pizza, LLC, CVP17, LLC, Cousin
Vinny's Pizzeria, L.L.C., Cousin Vinny's Pizza #9
LLC, Third Day Pizzeria, LLC, R&M Pizzeria, LLC, CVP014
LLC, CVP 16 LLC, CVP18 LLC, CVP19 LLC, CVP DNC LLC, CVP
Royality LLC, Dough Boy Fresh LLC, CVP Dough LLC, CVP Dough
2, LLC, MGL Pizza, LLC, CVP 10, Inc., and Mo Rashad.
H. Rice District Judge.
REPORT AND RECOMMENDATION THAT THE
PARTIES AGREED ORDER ON PLAINTIFFS' MOTION FOR CONTEMPT
Michael J. Newman United States Magistrate Judge.
civil case is before the Court on Plaintiffs' motion for
contempt. Doc. 34. Defendants filed a memorandum in
opposition to Plaintiffs' motion (doc. 44) and,
thereafter, Plaintiffs filed a reply (doc. 49). On August 7,
2017, the Court held a hearing on Plaintiffs' motion.
See docs. 50, 53. Subsequent to the Court's
hearing on Plaintiffs' motion, the parties conferred and
have worked collaboratively, in good faith, to address the
discovery concerns presented in Plaintiffs' motion for
contempt. The work of counsel in this regard should be
applauded and demonstrates the professionalism and civility
the Court expects of litigants and attorneys practicing
before the Court. In an effort to resolve the outstanding
issues presented in Plaintiffs' motion, the parties have
conferred and negotiated terms of a proposed order for the
Court's consideration (see Exhibit A, attached).
The undersigned has carefully reviewed the parties'
proposed agreed Order and RECOMMENDS that it
to Fed.R.Civ.P. 72(b), any party may serve and file specific,
written objections to the proposed findings and
recommendations within FOURTEEN days after
being served with this Report and Recommendation. This period
is not extended by virtue of Fed.R.Civ.P. 6(d) if served on
you by electronic means, such as via the Court's CM/ECF
filing system. If, however, this Report and Recommendation
was served upon you by mail, this deadline is extended to
SEVENTEEN DAYS by application of
Fed.R.Civ.P. 6(d). Parties may seek an extension of the
deadline to file objections by filing a motion for extension,
which the Court may grant upon a showing of good cause.
objections filed shall specify the portions of the Report and
Recommendation objected to, and shall be accompanied by a
memorandum of law in support of the objections. If the Report
and Recommendation is based, in whole or in part, upon
matters occurring of record at an oral hearing, the objecting
party shall promptly arrange for the transcription of the
record, or such portions of it as all parties may agree upon
or the Magistrate Judge deems sufficient, unless the assigned
District Judge otherwise directs.
may respond to another party's objections within
FOURTEEN days after being served with a copy
thereof. As noted above, this period is not extended by
virtue of Fed.R.Civ.P. 6(d) if served on you by electronic
means, such as via the Court's CM/ECF filing system. If,
however, this Report and Recommendation was served upon you
by mail, this deadline is extended to SEVENTEEN
DAYS by application of Fed.R.Civ.P. 6(d).
to make objections in accordance with this procedure may
forfeit rights on appeal. See Thomas v. Arn, 474
U.S. 140, 153-55 (1985); United States v. Walters,
638 F.2d 947, 949-50 (6th Cir. 1981).
ORDER ON PLAINTIFFS' MOTION FOR CONTEMPT
matter came before the Court on Plaintiffs' Motion for
Contempt (Doc. 34) (the “Motion”). In an effort
to discover the facts concerning the destruction of
mileage-related data in Defendants' possession and in the
hope that discovering such facts will help to resolve or
obviate the need for resolving issues raised in the Motion,
the parties have submitted this Agreed Order to the Court.
For good cause ...