Fuller v. Lakeshore Financial, LLC et al, No. 2:2018cv01722 - Document 40 (S.D. Ohio 2021)

Court Description: OPINION AND ORDER GRANTING ECF No. 33 Plaintiffs motion for contempt and ADOPTING ECF No. 36 Magistrate Judge's Report and Recommendations. Signed by Judge Edmund A. Sargus on 9/20/2021. (cmw)

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Fuller v. Lakeshore Financial, LLC et al Doc. 40 Case: 2:18-cv-01722-EAS-CMV Doc #: 40 Filed: 09/20/21 Page: 1 of 2 PAGEID #: 214 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Ronald Fuller, Case No. 2:18-cv-1722 Plaintiff, JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Chelsea M. Vascura v. Lakeshore Financial, LLC, et al., Defendants. OPINION & ORDER ADOPTING REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendations of United States Magistrate Judge Chelsea M. Vascura (ECF No. 36) to whom this matter was referred. No objections have been filed and the time for filing such objections under Federal Rule of Civil Procedure 72(b) has expired. Accordingly, the Court ADOPTS the Report and Recommendation (ECF No. 36) and thus GRANTS Plaintiff’s motion for contempt (ECF No. 33). Defendants are in contempt of this Court’s August 28, 2020 order (ECF No. 32) because they have not responded to Plaintiff’s discovery requests. As set forth in the Report and Recommendation, a fine of $100.00 PER DAY will be imposed on Defendants until they comply with the Court’s Order to produce responses to Plaintiff’s written discovery. Defendants are ordered to pay attorney’s fees and costs Plaintiff reasonably incurred in connection with its Motion for Contempt and June 14, 2021 hearing. The Court notes that the United States Marshal Service (“USMS”) has been unable to effectuate personal service on Defendant Joel Williams as Magistrate Judge Vascura directed. USMS represents that it is their opinion that Defendant Williams has actively taken efforts to cloak his whereabouts and avoid being served. USMS also represents that landlords at several 1 Dockets.Justia.com Case: 2:18-cv-01722-EAS-CMV Doc #: 40 Filed: 09/20/21 Page: 2 of 2 PAGEID #: 215 former addresses indicated that Defendant Williams disappeared owing them large sums of money. The Clerk sent a copy of the Report & Recommendation LSFinancial17@gmail.com, however. The Clerk is directed to do the same here. IT IS SO ORDERED. 9/20/2021 DATE s/Edmund A. Sargus, Jr. EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE 2 to

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