On October 26, 2021 a
DISCOVERY ORDER
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827
0G428 - 134
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
WESTLAKE PHARMACEUTICAL SERVICES, INC.
Plaintiff, |] CASE NO. 21 CV 006827
Vv JUDGE KIM BROWN
COH EQUIPMENT, LLC, ET AL.,
Defendants.
ORDER GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF'S
MOTION TO COMPEL, FILED APRIL 17, 2029
This matter comes before the Court on Plaintiff Westlake Pharmaceutical Services,
Inc.’s motion to compel discovery filed April 17, 2023. Defendants COH Equipment, LLC,
Mare Groom, and Mark Fashian filed their opposition on May 1. Plaintiff filed its reply on
May 7,7,280: 23. This matter is ripe for adjudication.
RELEVANT STATEMENT OF FACTS AND PROCEDURAL HISTORY
Plaintiff filed its complaint against COH Equipment, LLC, Mark Fashian, Marc
Groom and CAS Laboratories LLC for breach of contract and fraud on October 26, 2023.
Further, Plaintiff's complaint seeks to pierce the corporate veil. On March 17 the Court
held a status conference concerning Plaintiff's outstanding discovery requests. At the
status conference the Court ordered that the discovery cutoff date and deadline for
Defendants to respond to Plaintiff's outstanding discovery requests was March 31, 2023.
Defendants agreed to this deadline.
Plaintiffs instant motion to compel discovery concerns the same outstanding
discovery requests that were the topic of the March 17, 2023 status conference.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827
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Specifically, Plaintiff seeks Defendant Groom’s complete responses to Interrogatory
Numbers 2, 5, 9, 11, and 19 and seeks responses to all of Plaintiffs requests for
interrogatories and production of documents from Defendant Fashian requested in
Plaintiff's First Set of Interrogatories and Production of Documents.
LAW AND ANALYSIS
1. Legal Standard
Civ.R. 37(A) permits a party to move for an order compelling discovery if a party
fails to answer an interrogatory submitted under Civ.R. 33. Evasive or incomplete
answers or responses shall be treated as a failure to answer or respond. Civ.R. 37{A){4).
Loc.R. 26 requires Counsel to make every effort to resolve discovery disputes by
agreement prior to filing a motion to compel with the court. Also, Loc.R. 26 prohibits any
party from seeking court involvement with discovery disputes after the discovery cutoff
date specified in the Case Schedule, absent extraordinary circumstances.
At the onset, the Court finds that although Plaintiff's motion to compel was filed
after the discovery cutoff date of March 31, 2023, Defendants’ failure to provide complete
discovery responses by the agreed upon deadline constitutes extraordinary circumstances
under Loc.R. 26.
2. Plaintiff's Requests
A. Defendant Mark Fashian
Defendants admit that Plaintiff is missing all discovery responses from Defendant
Fashian. 05/05/23 Opp., p. 2. Accordingly, Defendant Fashian is ordered to provide
complete and meaningful answers to each of Plaintiff's First Set of Interrogatories and
Request for Production of Documents within 21 days of the date of this Order. Failure to
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do so will result in sanctions up to and including contempt of court upon Defendant
Fashian.
B. Defendant Marc Groom
Plaintiff seeks complete responses from Defendant Groom to Plaintiff's first set of
interrogatories Nos. 2, 5, 9, 11, and 13. Defendant Groom has already provided Plaintiff
with complete responses to these interrogatories. Accordingly, Plaintiff is not entitled to
additional responses of Defendant Groom.
CONCLUSION
For the reasons stated Plaintiff's motion to compel discovery responses is
DENIED-IN-PART and GRANTED-IN-PART. Defendant Mark Fashian shall provide
complete answers and responses to each of Plaintiffs First Set of Interrogatories and
Request for Production of Documents within 21 days of the date of this Order. Failure to
do so will result in sanctions up to and including contempt of court upon Defendant
Fashian.
ITIS SO ORDERED.
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Franklin County Court of Common Pleas
Date: 06-15-2023
Case Title: WESTLAKE PHARMACEUTICAL SERVICES INC -VS- COH
EQUIPMENT LLC ET AL
Case Number: 21CV006827
Type: ORDER
It Is So Ordered.
TS
4S ee
oea Sener
soni
/s/ Judge Kim Brown
Electronically signed on 2023-Jun-15 page 4 of 4
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Court Disposition
Case Number: 21CV006827
Case Style: WESTLAKE PHARMACEUTICAL SERVICES INC -VS-
COH EQUIPMENT LLC ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 21CV0068272023-04-1799980000
Document Title: 04-17-2023-MOTION TO COMPEL DISCOVERY -
PLAINTIFF: WESTLAKE PHARMACEUTICAL SERVICES INC
Disposition: MOTION GRANTED IN PART
Document Filed Date
June 15, 2023
Case Filing Date
October 26, 2021
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827 0G428 - 134 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO WESTLAKE PHARMACEUTICAL SERVICES, INC. Plaintiff, |] CASE NO. 21 CV 006827 Vv JUDGE KIM BROWN COH EQUIPMENT, LLC, ET AL., Defendants. ORDER GRANTING-IN-PART AND DENYING-IN-PART PLAINTIFF'S MOTION TO COMPEL, FILED APRIL 17, 2029 This matter comes before the Court on Plaintiff Westlake Pharmaceutical Services, Inc.’s motion to compel discovery filed April 17, 2023. Defendants COH Equipment, LLC, Mare Groom, and Mark Fashian filed their opposition on May 1. Plaintiff filed its reply on May 7,7,280: 23. This matter is ripe for adjudication. RELEVANT STATEMENT OF FACTS AND PROCEDURAL HISTORY Plaintiff filed its complaint against COH Equipment, LLC, Mark Fashian, Marc Groom and CAS Laboratories LLC for breach of contract and fraud on October 26, 2023. Further, Plaintiff's complaint seeks to pierce the corporate veil. On March 17 the Court held a status conference concerning Plaintiff's outstanding discovery requests. At the status conference the Court ordered that the discovery cutoff date and deadline for Defendants to respond to Plaintiff's outstanding discovery requests was March 31, 2023. Defendants agreed to this deadline. Plaintiffs instant motion to compel discovery concerns the same outstanding discovery requests that were the topic of the March 17, 2023 status conference. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827 0G428 - I3 Specifically, Plaintiff seeks Defendant Groom’s complete responses to Interrogatory Numbers 2, 5, 9, 11, and 19 and seeks responses to all of Plaintiffs requests for interrogatories and production of documents from Defendant Fashian requested in Plaintiff's First Set of Interrogatories and Production of Documents. LAW AND ANALYSIS 1. Legal Standard Civ.R. 37(A) permits a party to move for an order compelling discovery if a party fails to answer an interrogatory submitted under Civ.R. 33. Evasive or incomplete answers or responses shall be treated as a failure to answer or respond. Civ.R. 37{A){4). Loc.R. 26 requires Counsel to make every effort to resolve discovery disputes by agreement prior to filing a motion to compel with the court. Also, Loc.R. 26 prohibits any party from seeking court involvement with discovery disputes after the discovery cutoff date specified in the Case Schedule, absent extraordinary circumstances. At the onset, the Court finds that although Plaintiff's motion to compel was filed after the discovery cutoff date of March 31, 2023, Defendants’ failure to provide complete discovery responses by the agreed upon deadline constitutes extraordinary circumstances under Loc.R. 26. 2. Plaintiff's Requests A. Defendant Mark Fashian Defendants admit that Plaintiff is missing all discovery responses from Defendant Fashian. 05/05/23 Opp., p. 2. Accordingly, Defendant Fashian is ordered to provide complete and meaningful answers to each of Plaintiff's First Set of Interrogatories and Request for Production of Documents within 21 days of the date of this Order. Failure to Page 2 of 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827 0G428 - I3 do so will result in sanctions up to and including contempt of court upon Defendant Fashian. B. Defendant Marc Groom Plaintiff seeks complete responses from Defendant Groom to Plaintiff's first set of interrogatories Nos. 2, 5, 9, 11, and 13. Defendant Groom has already provided Plaintiff with complete responses to these interrogatories. Accordingly, Plaintiff is not entitled to additional responses of Defendant Groom. CONCLUSION For the reasons stated Plaintiff's motion to compel discovery responses is DENIED-IN-PART and GRANTED-IN-PART. Defendant Mark Fashian shall provide complete answers and responses to each of Plaintiffs First Set of Interrogatories and Request for Production of Documents within 21 days of the date of this Order. Failure to do so will result in sanctions up to and including contempt of court upon Defendant Fashian. ITIS SO ORDERED. Page 3 of 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827 0G428 - 137 Franklin County Court of Common Pleas Date: 06-15-2023 Case Title: WESTLAKE PHARMACEUTICAL SERVICES INC -VS- COH EQUIPMENT LLC ET AL Case Number: 21CV006827 Type: ORDER It Is So Ordered. TS 4S ee oea Sener soni /s/ Judge Kim Brown Electronically signed on 2023-Jun-15 page 4 of 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 15 4:24 PM-21CV006827 0G428 - 138 Court Disposition Case Number: 21CV006827 Case Style: WESTLAKE PHARMACEUTICAL SERVICES INC -VS- COH EQUIPMENT LLC ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 21CV0068272023-04-1799980000 Document Title: 04-17-2023-MOTION TO COMPEL DISCOVERY - PLAINTIFF: WESTLAKE PHARMACEUTICAL SERVICES INC Disposition: MOTION GRANTED IN PART