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Now comes the Relator, Mark W. Miller, on relation to the State of Ohio (“Relator”), by
and through undersigned counsel and pursuant to Rule 37(B)(1)(g) hereby moves this Court for an
Order directing Respondents Greg Landsman, Alexander Paul George Sittenfeld, Wendell Young,
Tamaya Dennard, and Christopher Seelbach (the “Councilmember Respondents”) to show cause
why they should not be held in contempt for failure to comply with this Court’s Order entered on
October 23, 2018 denying the Councilmember Respondents’ motion for a protective order and
discovery requests by November 2, 2018 (the “Discovery Order”). This motion is supported by
the following memorandum and the affidavit of Brian C. Shrive, attached hereto as Exhibit 1.
Contemporaneous with the filing of this motion, Counsel will file a proposed order
directing the Councilmember Respondents to appear in person before the Court to explain their
If a party . . . fails to obey an order to provide or permit discovery . . . the court may
issue further just orders. They may include the following . . . (g) Treating as
contempt of court the failure to obey any orders except an order to submit to a
physical or mental examination.
While the Councilmember Respondents have filed a notice of appeal regarding the
Discovery Order, they have not moved for or received a stay of the Discovery Order. Absent a
stay, this Court retains jurisdiction to enforce its order. See, 2115-2121 Ontario Bldg., L.L.C. v.
Anter, Ohio App. 3d --, 2013- Ohio 2995, -- N.E.2d --, 2013 Ohio App. LEXIS 3041 (July 11,
2013). See also, State ex rel. Mason v. Burnside, 117 Ohio St.3d 1, 2007-Ohio-6754, 881 N.E.2d
224, (Writ of prohibition to prevent enforcement of discovery order denied, but appellant did file
Pursuant to this Court’s October 23, 2018 Discovery Order, the Councilmember
Respondents were to produce responses to Relator’s discovery requests “by November 2, 2018.”
November 2, 2018 has come and gone without any production or even any response to emails
enforcement of the Discovery Order. (See, Affidavit of Brian C. Shrive attached hereto). As such,
the Councilmember Respondents are in contempt of this Court’s lawful order, and should be
required to show cause why they should not be held in contempt for their failure to comply with
Respectfully submitted,
2
FINNEY LAW FIRM, LLC
4270 Ivy Pointe Blvd., Suite 225
Cincinnati, Ohio 45245
(513) 943-6656
(513) 943-6669 (fax)
brian@finneylawfirm.com
chris@finneylawfirm.com
CERTIFICATE OF SERVICE
Undersigned counsel does hereby certify that a true and accurate copy of the foregoing
was served via electronic mail upon the following counsel this 5th day of November 2018: