UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION

BOARDS OF TRUSTEES OF OHIO 

LABORERS’ FRINGE BENEFIT 

PROGRAMS, 

Plaintiff, 

 Case No. 2:18-cv-316 

 Chief Judge Edmund A. Sargus, Jr. 

 v. Magistrate Judge Chelsey M. Vascura 

 

J CHILDERS TRUCKING & 

CONSTRUCTION, LLC, 

 Defendant. 

 

REPORT AND RECOMMENDATIONS 

On July 19, 2018, this Court issued a Show Cause Order (ECF No. 10) requiring 

Defendant, through its authorized officer, to appear before this Court to show cause for why it 

should not be held in contempt for failing to comply with the Court’s May 25, 2018 Order (ECF 

No. 7), which required Defendant to appear for deposition and respond to Plaintiff’s written 

discovery. Plaintiff’s counsel appeared at the August 23, 2018 show cause hearing, but 

Defendant did not. 

Federal Rule of Civil Procedure 37(b)(2) sets forth a laundry list of sanctions for failure 

to comply with a discovery order, including “treating as contempt of court the failure to obey any 

order except an order to submit to a physical or mental examination.” Fed. R. Civ. P. 

37(b)(2)(A)(vii). 

Based upon Plaintiff’s Motion for Contempt (ECF No. 9) and the attached exhibits (ECF 

Nos. 9-1 and 9-2), the undersigned finds that Defendant has violated the Court’s May 25, 2018 

Order (ECF No. 7) by failing to permit an audit of its records. It is therefore 
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RECOMMENDED that Defendant be held in contempt and that a fine of $100.00 PER DAY be 

imposed on Defendant until it complies with the Court’s Order to produce responses to 

Plaintiff’s written discovery. It is further RECOMMENDED that Defendant be ordered to pay 

the attorney’s fees and costs Plaintiff reasonably incurred in connection with its Motion for 

Contempt and the show cause hearing. It is RECOMMENDED that these sanctions not be 

imposed, however, should Defendant comply with the Court’s May 25, 2018 Order (ECF No. 7) 

concerning an audit within the time allowed for objections to this Report and Recommendation 

(fourteen days). Plaintiff is ORDERED to file a notice informing the Court of any such 

compliance. 

 The United States Marshal is DIRECTED to serve this Report and Recommendation, 

the Court’s May 25, 2018 Order (ECF No. 7), and the Court’s July 19, 2018 Show Cause Order 

(ECF No. 10) on Defendant by personal service at its last known address and file a return of 

service. In addition, the Clerk is DIRECTED to send a copy of this Report and 

Recommendation via regular and certified mail to J. Childers Trucking & Construction, LLC and 

Jesse Childers, 4630 Lindford Ave., Canton, Ohio 44705. 

PROCEDURE ON OBJECTIONS

If any party objects to this Report and Recommendation, that party may, within fourteen 

(14) days of the date of this Report, file and serve on all parties written objections to those 

specific proposed findings or recommendations to which objection is made, together with 

supporting authority for the objection(s). A Judge of this Court shall make a de novo 

determination of those portions of the Report or specified proposed findings or 

recommendations to which objection is made. Upon proper objections, a Judge of this Court 

may accept, reject, or modify, in whole or in part, the findings or recommendations made 
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herein, may receive further evidence or may recommit this matter to the Magistrate Judge with 

instructions. 28 U.S.C. § 636(b)(1). 

The parties are specifically advised that failure to object to the Report and 

Recommendation will result in a waiver of the right to have the District Judge review the Report 

and Recommendation de novo, and also operates as a waiver of the right to appeal the decision 

of the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 

140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 

 

 /s/ Chelsey M. Vascura 

CHELSEY M. VASCURA 

UNITED STATES MAGISTRATE JUDGE