On June 17, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
and
for PERSONAL INJURY
in the District Court of Franklin County.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Mar 07 2:59 PM-15CV005145
0D490 - K78
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
ROBERT S. WALTON GUAR, et al.,
Plaintiffs,
CASE NO. 15 CV 5145
vs.
JUDGE COLLEEN O’DONNELL
JOHN DOE MANUFACTURER, et al.,
Defendants.
DECISION AND ENTRY DENYING PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS OF DEFENDANT
TRUSSWAY MANUFACTURING, INC.’S WITNESSES, FILED FEBRUARY 3, 2016
This matter comes before the Court upon Plaintiffs’ Motion for an Order, pursuant to
Civ.R. 37(A)(2), compelling Defendant Trussway Manufacturing, Inc. (“Trussway”) to produce
Mike D’Anza and David Neves for depositions. Plaintiff contends that the Civ R. 30(B)(5)
witnesses produced by Trussway did not adequately address certain topics listed in Plaintiffs
deposition notices. This Motion is fully briefed and ripe for this Court’s consideration.
Civ.R. 37(A)(1) provides: “On notice to other parties and all affected persons, a party
may move for an order compelling discovery. The motion shall include a 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.”
Upon review, and in consideration of the affidavit attached to Plaintiff's Motion to
Compel, the Court finds that Plaintiff has not satisfactorily conferred or attempted to confer with
opposing counsel to resolve this dispute without Court intervention
Moreover, the Court finds that Trussway has complied with its discovery obligations
under Civ.R. 30(B)(5), and additional depositions are not warranted. Accordingly, Plaintiff's
Motion to Compel is DENIED.
ITISSO ORDERED. Copies to all partiesFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Mar 07 2:59 PM-15CV005145
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Franklin County Court of Common Pleas
Date: 03-07-2017
Case Title: ROBERT S WALTON GUAR ET AL -VS- T S ENTERPRISES OHIO
LIMITED ET AL
Case Number: 15CV005145
Type: DECISION/ENTRY
It Is So Ordered.
/s/ Judge Colleen O'Donnell
Electronically signed on 2017-Mar-07 page 2 of 2Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Mar 07 2:59 PM-15CV005145
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Court Disposition
Case Number: 15CV005145
Case Style: ROBERT S WALTON GUAR ET AL -VS- TS
ENTERPRISES OHIO LIMITED ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 15CV0051452017-02-0399980000
Document Title: 02-03-2017-MOTION TO COMPEL DISCOVERY -
PLAINTIFF: ROBERT S. WALTON GUAR
Disposition: MOTION DENIED
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Mar 07 2:59 PM-15CV005145 0D490 - K78 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO ROBERT S. WALTON GUAR, et al., Plaintiffs, CASE NO. 15 CV 5145 vs. JUDGE COLLEEN O’DONNELL JOHN DOE MANUFACTURER, et al., Defendants. DECISION AND ENTRY DENYING PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS OF DEFENDANT TRUSSWAY MANUFACTURING, INC.’S WITNESSES, FILED FEBRUARY 3, 2016 This matter comes before the Court upon Plaintiffs’ Motion for an Order, pursuant to Civ.R. 37(A)(2), compelling Defendant Trussway Manufacturing, Inc. (“Trussway”) to produce Mike D’Anza and David Neves for depositions. Plaintiff contends that the Civ R. 30(B)(5) witnesses produced by Trussway did not adequately address certain topics listed in Plaintiffs deposition notices. This Motion is fully briefed and ripe for this Court’s consideration. Civ.R. 37(A)(1) provides: “On notice to other parties and all affected persons, a party may move for an order compelling discovery. The motion shall include a 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.” Upon review, and in consideration of the affidavit attached to Plaintiff's Motion to Compel, the Court finds that Plaintiff has not satisfactorily conferred or attempted to confer with opposing counsel to resolve this dispute without Court intervention Moreover, the Court finds that Trussway has complied with its discovery obligations under Civ.R. 30(B)(5), and additional depositions are not warranted. Accordingly, Plaintiff's Motion to Compel is DENIED. ITISSO ORDERED. Copies to all partiesFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Mar 07 2:59 PM-15CV005145 0D490 - K79 Franklin County Court of Common Pleas Date: 03-07-2017 Case Title: ROBERT S WALTON GUAR ET AL -VS- T S ENTERPRISES OHIO LIMITED ET AL Case Number: 15CV005145 Type: DECISION/ENTRY It Is So Ordered. /s/ Judge Colleen O'Donnell Electronically signed on 2017-Mar-07 page 2 of 2Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Mar 07 2:59 PM-15CV005145 0D490 - K80 Court Disposition Case Number: 15CV005145 Case Style: ROBERT S WALTON GUAR ET AL -VS- TS ENTERPRISES OHIO LIMITED ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 15CV0051452017-02-0399980000 Document Title: 02-03-2017-MOTION TO COMPEL DISCOVERY - PLAINTIFF: ROBERT S. WALTON GUAR Disposition: MOTION DENIED