UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

WCR, INCORPORATED,

Plaintiff, Case No. 3:18-cv-278

Consolidated with: 3:20-cv-143

vs.

WESTERN CANADA PLATE 

EXCHANGER LTD., et al., District Judge Michael J. Newman

Magistrate Judge Sharon L. Ovington

Defendants.

______________________________________________________________________________

ORDER

______________________________________________________________________________

This civil case is before the Court on a motion by Defendants Earl Strohschein and Western 

Canada Heat Exchanger Ltd. (“Western Canada Heat”) challenging the Court’s personal 

jurisdiction over both parties (doc. 15). This case is consolidated with an earlier case by the same 

Plaintiff, WCR, Incorporated (“WCR”) against Defendant Western Canada Plate Exchanger

(“Western Canada Plate”) (doc. 46). In the case against Defendants Western Canada Heat and 

Earl Strohschein, this Court met with counsel for both sides in a status conference on December 

9, 2020 at 10:00am. Following a ruling on a discovery motion1 (doc. 48) in the case against 

Defendant Western Canada Plate, this Court held a second status conference. At the outset of this 

status conference, the Court planned to merely set a date for an evidentiary hearing on the personal 

1 Judge Sharon L. Ovington recently ruled on a Motion to Compel (doc. 48) filed by Plaintiffs against Defendant 

Western Canada Plate. Judge Ovington’s Order (1) requires Western Canada Plate appear for a remote-video 

deposition pursuant to Fed. R. Civ. P 30(b)(6) with or without Western Canada Plate’s counsel present in Canada; 

(2) denies WCR’s requests as to ordering complete answers to WCR’s Requests for Admission and WCR’s 

Interrogatories because they are directed solely at Western Canada Plate; and (3) orders WCR to direct their 

discovery inquiries towards Western Canada Heat and Earl Strohschein as they are better sources for the information 

that WCR seeks.

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jurisdiction issue regarding Defendants Western Canada Heat and Earl Strohschein. However, 

during this conference, Defendants’ counsel raised an objection to proceeding with merits 

discovery in the deposition of Defendant Earl Strohschein. Defendants’ counsel requested that 

Strohschein’s deposition be limited to personal jurisdictional issues. Having fully considered this 

matter, the Court finds as follows. 

With regard to the claims and defenses related to the Western Canada Plate entity, 

discovery shall proceed without limitation other than those set forth in the Rule 26 of the Federal 

Rules of Civil Procedure, as ordered by Judge Ovington (doc. 48). Because there is an outstanding 

question regarding personal jurisdiction over Defendants Western Canada Heat and Earl 

Strohschein, discovery as to the claims asserted against them is limited to the issue of personal 

jurisdiction. Insofar as there are concerns regarding the capacity to which any witness is testifying, 

it is counsel’s responsibility to navigate these concerns and clarify the record. The Court 

understands that there may be a potential of overlap, but if the discovery sought is within the 

bounds of discovery relevant to the claims and defenses between Plaintiff WCR and Western 

Canada Plate, such discovery is appropriate at this time. 

Further discovery disputes in both cases involved in the consolidated matters are 

REFERRED to Magistrate Judge Sharon L. Ovington. Parties shall promptly contact Judge 

Ovington’s chambers regarding any disputes. 

This case is set for a hearing on the jurisdiction issue on March 3, 2021 at 9:00 a.m. 

Relevant discovery shall be completed sufficiently in advance of the hearing so that the 

jurisdictional issue can then be addressed on the merits.

IT IS SO ORDERED.

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Date: December 24, 2020 s/ Michael J. Newman

Michael J. Newman

United States District Judge

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