Document for BRANDON G WINTERS vs NANCY A ARSAN

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                ELECTRONICALLY FILED
                                                    COURT OF COMMON PLEAS
                                                    Monday, March 11, 2024 2:51:43 PM
                                                    CASE NUMBER: 2020 DR 00906 Docket ID: 413695249
                                                    Mike Foley
                                                    CLERK OF COURTS MONTGOMERY COUNTY OHIO




       IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
                   DIVISION OF DOMESTIC RELATIONS


BRANDON G WINTERS                                 Case No. 2020 DR 00906
9564 SNOWY SPRUCE COURT                           SETS No. 7126193932
MIAMISBURG, OH 45342
                                                  DENISE L. CROSS, Judge
       PLAINTIFF,
                                                  JACQUELINE GAINES, Magistrate

vs.

NANCY A ARSAN
3444 OAKMONT AVENUE
DAYTON, OH 45429                                  MAGISTRATE ORDER

       DEFENDANT.



       On March 7, 2024, the Defendant filed a Motion to Compel which moved the Court
for an Order to Compel Plaintiff to provide his financial records pursuant to Plaintiff’s
Request for the Production of Documents that were submitted January 10, 2024. On
March 7, 2024, Plaintiff/Father’s Response to Defendant’s Motion to Compel and Request
for Attorney Fees Pursuant to O.R.C. Section 2323.51 was filed.


       Defendant’s March 7, 2024, Motion to Compel is not well-taken because
Defendant failed to provide “certification that the movant has in good faith conferred or
attempted to confer with the person or party failing to make discovery in an effort to obtain
it without court action” pursuant to Civil Rule 37(A)(1).This magistrate recommends that
BRANDON G WINTERS vs. NANCY A ARSAN                                                      Page 2
Case No. 2020 DR 00906


at the final hearing of the post-Decree custody hearing that the Court give the Defendant
and/or Defendant’s counsel the opportunity to be heard regarding whether reasonable
expenses incurred in opposing the motion to compel should be awarded pursuant to Civil
Rule 37(A)(5)(b).


       Plaintiff’s March 7, 2024, Request for Attorney Fees Pursuant to O.R.C. Section
2323.51 is found not well-taken and denied because there is an appropriate remedy
available under the applicable discovery rules, and the same shall be heard at the final
post-Decree custody hearing.




       IT IS THEREFORE ORDERED:


   1. Defendant Nancy A. Arsan’s March 7, 2024, Motion to Compel is not well-
       taken and denied.


   2. There will be the opportunity at the final hearing of the post-Decree custody
       hearing to present evidence regarding whether reasonable expenses
       incurred in opposing the motion to compel should be awarded pursuant to
       Civil Rule 37(A)(5)(b).



   3. Plaintiff Brandon G. Winters’s March 7, 2024, Request for Attorney Fees
       Pursuant to O.R.C. Section 2323.51 is found not well-taken.




Clerk administrative fees continued.




        Copies of foregoing Magistrate Order shall be mailed, via ordinary mail on the date
of filing to non-eFiling self-represented parties, and/or a notice of electronic filing shall be
provided to counsel of record.
BRANDON G WINTERS vs. NANCY A ARSAN                                                  Page 3
Case No. 2020 DR 00906




                          RIGHT OF APPEAL TO THE COURT

        Any party may file a motion with the court to set aside a magistrate order. [Civ.R.
53(D)(2)(b)] The motion must state the moving party’s reasons with particularity and must
be filed no later than ten (10) days after the magistrate order is filed. The pendency of a
motion to set aside is not an automatic stay of the effectiveness of the magistrate’s order.
A transcript of the proceedings is not required.




DEAN EDWARD HINES
ATTORNEY FOR PLAINTIFF
5335 FAR HILLS AVENUE, SUITE 313
KETTERING, OH 45429

LAWRENCE W HENKE III
ATTORNEY FOR DEFENDANT
120 W SECOND STREET SUITE 503
DAYTON, OH 45402

Assignment Office

JVG/KI/LSD 3/11/24