On July 19, 2010 a
Party Discovery
was filed
involving a dispute between
Cincinnati Insurance Company,
and
Eva Christian,
for CIVIL
in the District Court of Montgomery County.
Preview
Montgomery County Common Pleas Court
General Division
ELECTRONICALLY FILED
Redacted by Clerk of Court COURT OF COMMON PLEAS
Monday, May 02, 2011 8:46:41 AM
CASE NUMBER: 2016 CV 05757 Docket ID: 16086400
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OH
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CINCINNATI INSURANCE COMPANY, CASE NO.: 2010 CV 05757
Plaintiff(s), JUDGE GREGORY F. SINGER
-Vvs-
EVA CHRISTIAN,
DECISION AND ENTRY SUSTAINING
Defendant(s). PLAINTIFF'S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS
This matter is before the Court on Plaintiffs motion to compel production of documents, filed April
12, 2011. Defendant responded on April 19, 2011, to which Plaintiff replied on April 26, 2011.
Plaintiff seeks an order compelling Defendant to provide complete responses to its request for
production of documents sought in preparation for Defendant’s deposition. Plaintiff argues that a pending
criminal case should not change the Court’s previous decision ordering Defendant to submit to examination
under oath.
Defendant requests a protective order and moves for a stay of this action until the criminal case
against her is concluded. Defendant contends she should not have to respond to a discovery request under
Civ. R. 27 when Plaintiff has not brought a substantive claim against her. Moreover, Defendant contends her
discovery responses would require her to testify on a matter for which there are criminal charges pending
against her. Defendant contends the current and ongoing criminal proceedings warrant that this matter be
stayed.
The Court finds that the recent criminal charges against Defendant do not change her obligation
under the subject policy, or her duty to respond to Plaintiff's R. 34 discovery requests seeking
documentation. This finding is made in light of the Court’s prior decision of January 14, 2011, concerningDefendant’s presentation for deposition, the rationale of which is incorporated herein. Consistent with that
opinion, Defendant retains her right to assert her Fifth Amendment privilege in response to specific
discovery requests.
Plaintiff's motion is sustained. Defendant is ordered to provide complete responses to Plaintiff's
discovery requests within 14 days of this order, consistent with this order.
SO ORDERED:
JUDGE GREGORY F. SINGER
This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the
filing to the e-Filing account "Notifications" tab of the following case participants:
PETER A SCHMID
(513) 579-0080
Attorney for Plaintiff, Cincinnati Insurance Company
MATTHEW J SMITH
(513) 579-0080
Attorney for Plaintiff, Cincinnati Insurance Company
JOHN D SMITH
(937) 748-2522
Attorney for Defendant, Eva Christian
Brian K. Isenbletter, Bailiff (937) 225-4376 @montcourt.org
wDGeneral Divison
Montgomery County Common Pleas Court
41N. Perry Street, Dayton, Ohio 45422
Case Title: CINCINNATI INSURANCE COMPANY vs EVA
CHRISTIAN
Case Number: 2010 CV 05757
Type: Decision
So Ordered
Gregory F. Singer
Electronically signed by gsinger on 2ENNNNNE'56:29 page 3 of 3
Document Filed Date
May 02, 2011
Case Filing Date
July 19, 2010
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Montgomery County Common Pleas Court General Division ELECTRONICALLY FILED Redacted by Clerk of Court COURT OF COMMON PLEAS Monday, May 02, 2011 8:46:41 AM CASE NUMBER: 2016 CV 05757 Docket ID: 16086400 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OH IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION CINCINNATI INSURANCE COMPANY, CASE NO.: 2010 CV 05757 Plaintiff(s), JUDGE GREGORY F. SINGER -Vvs- EVA CHRISTIAN, DECISION AND ENTRY SUSTAINING Defendant(s). PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS This matter is before the Court on Plaintiffs motion to compel production of documents, filed April 12, 2011. Defendant responded on April 19, 2011, to which Plaintiff replied on April 26, 2011. Plaintiff seeks an order compelling Defendant to provide complete responses to its request for production of documents sought in preparation for Defendant’s deposition. Plaintiff argues that a pending criminal case should not change the Court’s previous decision ordering Defendant to submit to examination under oath. Defendant requests a protective order and moves for a stay of this action until the criminal case against her is concluded. Defendant contends she should not have to respond to a discovery request under Civ. R. 27 when Plaintiff has not brought a substantive claim against her. Moreover, Defendant contends her discovery responses would require her to testify on a matter for which there are criminal charges pending against her. Defendant contends the current and ongoing criminal proceedings warrant that this matter be stayed. The Court finds that the recent criminal charges against Defendant do not change her obligation under the subject policy, or her duty to respond to Plaintiff's R. 34 discovery requests seeking documentation. This finding is made in light of the Court’s prior decision of January 14, 2011, concerningDefendant’s presentation for deposition, the rationale of which is incorporated herein. Consistent with that opinion, Defendant retains her right to assert her Fifth Amendment privilege in response to specific discovery requests. Plaintiff's motion is sustained. Defendant is ordered to provide complete responses to Plaintiff's discovery requests within 14 days of this order, consistent with this order. SO ORDERED: JUDGE GREGORY F. SINGER This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the filing to the e-Filing account "Notifications" tab of the following case participants: PETER A SCHMID (513) 579-0080 Attorney for Plaintiff, Cincinnati Insurance Company MATTHEW J SMITH (513) 579-0080 Attorney for Plaintiff, Cincinnati Insurance Company JOHN D SMITH (937) 748-2522 Attorney for Defendant, Eva Christian Brian K. Isenbletter, Bailiff (937) 225-4376 @montcourt.org wDGeneral Divison Montgomery County Common Pleas Court 41N. Perry Street, Dayton, Ohio 45422 Case Title: CINCINNATI INSURANCE COMPANY vs EVA CHRISTIAN Case Number: 2010 CV 05757 Type: Decision So Ordered Gregory F. Singer Electronically signed by gsinger on 2ENNNNNE'56:29 page 3 of 3