On October 29, 2020 a
MEMO CONTRA FILEDNAME:BHAVNA A VASANIPLNTIF/DEFNDT IND:DMOTION FOR RECONSIDERATION
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 Sep 29 1:06 PM-20CV007082
OG567 - X2
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
APF CRE I, LLG, et al., Case No.: 20 CV 007082
Plaintiff,
Judge Kim Brown
Magistrate Jennifer Cordle
TEHRAH HOSPITALITY, LLC, et al.,
Defendants.
NDAN ABH AIN AND BH INA AN MEMO RA NDUM
CONTRA TO PLAINTIFF'S MOTION FOR RECONSIDERATION
The Court was clear in its Order regarding the Plaintiff's obligation in producing
discovery. The Court also pointed out the number of times the parties have been before the
Court on discovery deficiencies and the long delays Plaintiff has unilaterally taken in avoiding
discovery. The Court's production order stated what would happen if Plaintiff did not comply
with it, and the fact that it chose not to comply with the Order is its own doing. Plaintiff was
given the opportunity to either comply or not, and it chose not to.
Nevertheless, as Defendants have sifted through the thousands of pages and emails that
Plaintiff has produced, it is becoming clear that Plaintiff is still not complying with the Court's
discovery order. Working with a discovery vendor, Defendants have identified about 3,200
emails that have not been produced but which were referenced in other emails. They still need to
work through the most recent additional 35,000 pages produced in response to the Court's most
recent order (the bankers’ boxes documents) to determine if the missing emails have later been
provided. At this juncture, it appears that they have not been produced.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 29 1:06 PM-20CV007082
OG567 - X2
Considering that there still appears to be a considerable amount of missing documents, it
may make sense for the Court to hold a hearing. A hearing would allow Defendants to inquire of
Plaintiff. Holding a hearing would also save time over additional motion practice and then a
future hearing on yet further evidence of discovery non-compliance. It would further allow the
Court to determine if greater sanctions are warranted under its existing Order. Finally, it would
give Plaintiff its requested opportunity to be heard.
Respectfully Submitted,
Doucet Co., LPA
/s/ Troy J Doucet.
Troy J. Doucet (0086350)
485 Metro Place S, STE 300, Dublin, OH 43017
PH: (614) 221-9800 Fax: (818) 638-5548
Troy@Doucet.Law
Attorney for Defendants Abhijit and Bhavna Vasani
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was served upon the following
parties via electronic mail (email) on this 29th day of September, 2023, pursuant to Civ.R.
S(BY2)E):
Sean Gordon
Matthew Kerschner
Thompson Hine LLP
3900 Key Center
127 Public Square
Cleveland, OH 44114-1291
PH: (216) 556-5500 Fax: (216) 566-5800
sean.gordon@thompsonhine.com & matthew.kerschner@thompsonhine.com
Attorneys for Plaintiff
ts/ Troy J. Doucet
Troy J. Doucet, Trial Counsel (0086350)
Document Filed Date
September 29, 2023
Case Filing Date
October 29, 2020
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 29 1:06 PM-20CV007082 OG567 - X2 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO APF CRE I, LLG, et al., Case No.: 20 CV 007082 Plaintiff, Judge Kim Brown Magistrate Jennifer Cordle TEHRAH HOSPITALITY, LLC, et al., Defendants. NDAN ABH AIN AND BH INA AN MEMO RA NDUM CONTRA TO PLAINTIFF'S MOTION FOR RECONSIDERATION The Court was clear in its Order regarding the Plaintiff's obligation in producing discovery. The Court also pointed out the number of times the parties have been before the Court on discovery deficiencies and the long delays Plaintiff has unilaterally taken in avoiding discovery. The Court's production order stated what would happen if Plaintiff did not comply with it, and the fact that it chose not to comply with the Order is its own doing. Plaintiff was given the opportunity to either comply or not, and it chose not to. Nevertheless, as Defendants have sifted through the thousands of pages and emails that Plaintiff has produced, it is becoming clear that Plaintiff is still not complying with the Court's discovery order. Working with a discovery vendor, Defendants have identified about 3,200 emails that have not been produced but which were referenced in other emails. They still need to work through the most recent additional 35,000 pages produced in response to the Court's most recent order (the bankers’ boxes documents) to determine if the missing emails have later been provided. At this juncture, it appears that they have not been produced. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 29 1:06 PM-20CV007082 OG567 - X2 Considering that there still appears to be a considerable amount of missing documents, it may make sense for the Court to hold a hearing. A hearing would allow Defendants to inquire of Plaintiff. Holding a hearing would also save time over additional motion practice and then a future hearing on yet further evidence of discovery non-compliance. It would further allow the Court to determine if greater sanctions are warranted under its existing Order. Finally, it would give Plaintiff its requested opportunity to be heard. Respectfully Submitted, Doucet Co., LPA /s/ Troy J Doucet. Troy J. Doucet (0086350) 485 Metro Place S, STE 300, Dublin, OH 43017 PH: (614) 221-9800 Fax: (818) 638-5548 Troy@Doucet.Law Attorney for Defendants Abhijit and Bhavna Vasani CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was served upon the following parties via electronic mail (email) on this 29th day of September, 2023, pursuant to Civ.R. S(BY2)E): Sean Gordon Matthew Kerschner Thompson Hine LLP 3900 Key Center 127 Public Square Cleveland, OH 44114-1291 PH: (216) 556-5500 Fax: (216) 566-5800 sean.gordon@thompsonhine.com & matthew.kerschner@thompsonhine.com Attorneys for Plaintiff ts/ Troy J. Doucet Troy J. Doucet, Trial Counsel (0086350)