Boards of Trustees of Ohio Laborers' Fringe Benefit Programs v. Amroc Construction, Inc. et al
Filing
21
Certification and Recommendation: Defendants are ORDERED to contact attorney Steve Ball (614)447-8550 w/in fourteen (14) days of the date of this Order, produce payroll documents and appear for deposition. If defendants fail to do so, defendants are ORDERED to appeal before the Magistrate Judge on 11/08/2013 at 10:30 a.m. Signed by Magistrate Judge Mark R. Abel on 10/18/2013. (sr1)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Board of Trustees of Ohio Laborers'
Fringe Benefit Programs,
:
:
Civil Action 2:12-cv-00832
:
Judge Marbley
:
Magistrate Judge Abel
Plaintiff
v.
Amroc Construction, Inc., & Marco
Noce,
:
Defendants
Certification and Recommendation
On February 6, 2013, the Magistrate Judge issued an Order compelling
defendants Amroc Construction, Inc. and Marco Noce to appear for deposition on
March 6, 2013 and produce the payroll documents requested by plaintiff. Defendants
failed to appear for deposition. On June 18, 2013, Plaintiff Board of Trustees of Ohio
Laborers’ Fringe Benefit Programs obtained default judgment against defendants
Amroc Construction, Inc. and Marco Noce.
On September 18, 2013, the Magistrate Judge issued an Order requiring
defendants to appear for a Show Cause Hearing on October 18, 2013. Defendants failed
to appear for the Show Cause Hearing. Notice of the Show Cause Hearing was served
on defendants by ordinary mail.
1
Under the provisions of 28 U.S.C. § 636(e)(4), the above facts are CERTIFIED to
the United States District Judge. Defendants are ORDERED to contact attorney Steve
Ball (614.447.8550) within fourteen (14) days of the date of this Order, produce payroll
documents and appear for deposition. If defendants fail to do so, defendants are
ORDERED to appear before the Magistrate Judge on November 8, 2013 at 10:30 a.m. If
defendants fail to do so, it is RECOMMENDED that the District Judge issue an arrest
warrant for defendant Marco Noce.
The Clerk of Court is DIRECTED to mail a copy of this Order to defendants
Marco Noce, 3210 Scranton Road, Cleveland, Ohio 44109-1656 and Amroc Construction,
Inc., 3210 Scranton Road, Cleveland, Ohio 44109-1656 by ordinary and certified mail.
s/Mark R. Abel
United States Magistrate Judge
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