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I SJaulflk- )COURT OF COMMON PLEArWL"J/a~JOJu-rans ( )

DOMESTIC RELATIONS DIVIS~/a:JJO~U3 ·S!!\ ( ). HAMILTON COUNTY, OHIO . 'lSnO ~O'54~ ( :). "'1 J.( I)

33H83G lSOd t). 3<3H03a.-~MELISSA HENDON DETERS CASE NO.'DR1302234· ..

PlaintiffJUDGE LEWIS

VS.

JOESPH THEODORE DETERS MOTION FOR CONTEMPT

Now comes Defendant and pursuant to Civil Rule 37(A) states as foJlows:'\\-'.-By agreement with Defendant's counsel, Defendant was served withfr\ \J

Interrogatories and Request for Production of Documents dnd this Court's mandato~isclo3Weo

order on November 22, 2013 by a process server (See 11/22/13 email from Gregory L. Adamf,

1.I

vJ

Defendant

proof of service, and Mandatory Disclosure Order attached hereto as Exhibit A).

2. Plaintiffs Request for Production of Documents included virtually all of the

information required by the Mandatory Disclosure Order.

3. During the December 16,2013 meeting with the Court, Defendant's counsel

indicated that his client would have documents by the end of the year.

4. Defendant provided what Plaintiff would loosely refer to as a response to the

interrogatories on December 20,2013. Defendant essentially failed to provide any documents

responsive to Plaintiff's requests.

5. On January 8, 2014, counsel for Defendant sent a letter to counsel for

Plaintiff detailing deficiencies in their responses (see 1/8/14 letter attached hereto as Exhibit B).

l.1.

6. On approximately January 17,2014, Plaintiff informed Defendant via text.~

message that he intended to have the bulk of his responses to discovery by the end of the next

week (see a copy of the text message attached hereto as Exhibit C).

7. On January 28, 2014, Defendant's counsel informed Plaintiffs counsel via email

that he was meeting with his client that week and would thereafter provide an update to their

discovery responses (see 1128/14 email from Gregory L. Adams attached hereto as Exhibit D).

8. As of the date of this motion, Defendant has failed to comply with the Court's

mandatory disclosure order.

WHEREFORE, Plaintiff moves for an Order from the Court finding Defendant in

contempt, requiring him to immediately provide the required documents; grant Plaintiff attorney

fees and costs incurred in bringing this action; and for all other relief that is just and equitable.

i.~= ~d/b.#~oskowitz & M'o~witz, LLCV James H. Moskowitz #006419D

Attorney for Plaintiff2900 Carew Tower441 Vine StreetCincinnati, Ohio 45202

I

(513) pI-3111(513) 721-3077 faxj im@moskowitzJegal.com

NOTICE OF HEARING

Please take notice that the forgoing matter will be heard before Judge Lewis on the __

day of )0 \) 2014 from . m. to .m. in Room of the Hamilton----

County Court of Domestic Relations, 800 Broadway, Cincinnati, Ohio 45202.

d""#L4/1~~6skowifi & Mo~kowitz, :LC?

VJames H. Moskowitz #0064190Attorney for Plaintiff

CERTIFJCA TE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing motion for contempt was

served upon Gregory L. Adams, Attorney for Defendant, by email this 3rd day of February, 2014

and on the Defendant through the Clerk of Courts via certified mail.

/l1 skowitz & Moskowi' z, LV James H. Moskowitz #00641 ~.

. Attorney for Plaintiff

James H. Moskowitz

From:Sent:To:Subject:

James H. MoskowitzFriday,November 22, 2013 11:19 AM'gadams@croswelladams.com'RE: Deters

The papers were picked up by LegalTenders and willbe deliveredto your officeshortly.

From: Greg Adams [mailto:gadams@croswelladams.com]Sent: Friday,November 22,2013 11:17 AMTo: James H. MoskowitzSubject: Deters

Jim,This willconfirmmy willingnessto accept serviceof the divorcepapers on Joe's behalf.Greg

Gregory L. AdamsCroswell & Adams Co., L.P.A.1208 Sycamore Streetaide Sycamore SquareCincinnati, Ohio 45202Phone: 513-241-5670Fax: 5\3-929-3473gadams(a)croswelladams.comwww.crosweJladams.com

The information contained in this electronic message is protected by attorney-clientprivilege and/or the work pr'oduct doctrine. It is intended for the use of the individualand/or entity named above and the privileges are not waived by virtue of this having beensent electronically. If the person actually receiving this communication is not the intendedrecipient or employee or agent responsible for delivering it to the intended recipient) anyuse) dissemination) distrib~tionJ or copying of this communication in error is strictlyprohibited.

IN THE COURT OF COMMON PLEASDOMESTIC RELATIONS DIVISION

HAMILTON COUNTY, OHIO

MELISSA HENDON DETERS, Case No. DR1302234

Plaintiff, Judge:

vs.

JOSEPH THEODORE DETERS,PROOF OF SERVICE OF A

Defendant. SUMMONS, COMPLAINT ANDALL SUPPORTING PAPERWORKON JOSEPH THEODORE DETERS~ ~~ ;:::; r,

'1 ~ ~,....-;__ c;::, r-~.::or.-::: - -0:::' -., .::0 Po

This notice is given that the service of a Summons, Complaint, Motion and AffidavitJor !E~(")-. rn o- (")$;"'"Temporary Parenting Orders, Affidavit in Compliance with 3127.23, Grou~althP ~21

__ .;(':--.::J;"r- -;~r-Insurance Affidavit, Affidavit of Income and Expenses, Mandatory Disclosure Order, ;-«0';]w ~Administrative Temporary Restraining Order, Order to Attend Initial Case Management

r: Conference, Property Statement, Plaintiffs First Set of Interrogatories and CD for

Plaintiffs First Set of Interrogatories on JOSEPH THEODORE DETERS was perfected

by Jennifer Vach, who is a person not less than eighteen years of age and is not a party

in the above litigation, on November 22, 2013 by personally giving a true copy of each

from hand to hand to JOSEPH THEODORE DETERS VIA HIS ATTORNEY GREG

ADAMS(CINDY VINEYARD) at their place of business 1208 Sycamore Avenue,

Cincinnati, Ohio 45202.

e nifer VachSpecial Proce s Serverlegal Tenders of Ohio5 McCormick TrailCincinnati, Ohio 45150(513) 624-0110

RE: MANDATORY DISCLOSUREPURSUANT TO LOCAL RULE 1.26

COURT OF COMMON PLEASDIVISION OF DOMESTIC RELATIONS

HAMILTON COUNTY, OHIO

Case No. M-090004ADMINISTRATIVE JUDGE'S ORDER

DR1302234

PURSUANT TO LOCAL RULE 1.26 fT IS HEREBY ORDERED AS FOLLOWS;Within 45 days of an), Complaint for Divorce, Legal Separation or Annulment tiled with this Court and being served 00

the defendant. each party shall disclose to the other ail of the following information and documents that is in his or her custody,possession or control:

(l) Deeds to a1\ real estate that the party owns or claims an interest;(2) Titles to all vehicles that the party owns or claims an interest;(3) The most recently issued statements on all bank accounts, annuities, stocks, and bonds on which the party's

name appears or to which the party claims an interest;(4) The most recently issued statements regarding pensions, profit sharing plans, retirement benefits, and IRAs,

including the most recent summary plan description, on which the party's name appears or 10 which the partyclaims an interest; S ..n

(5) All life insurance policies owned by the party or for which the party or their childtren) is/are a CiiQcticinry-i~force now or within the last six months, including the most recent cash value stntcme~ S:·~ ~

(6) The lest three years' income lax returns; ..c ~~..;: -<(7) Proof of current income from all sources; . r ~~~~:::;,;(&) Health, dental, and vision insurance coverage available to the party along with ALL plm ;2 n Z

options and costs (i.e, single, family, etc.); » z:~p(9) All COBRA benefits to which either party may be entitled, including cost CJ.;; =<~rrl

estimates; ·o(/};o&:

(10) Childcare expenses incurred for the child(rcn); (g ::t:(J I) The most recently issued statements for all liabilities includ ing, but not limited to,

mortgages, lines of credit, loans, and credit card accounts on which the party's name appears orfor which a party is responsible;

(12) Completed Property Statement (Form No. DR 4.1);(13) Completed Affidavit of Income, Expenses & Financial Disclosure (Form No. DR 7.3).

The disclosures required herein shall be made by providing copies of documents in one of the following manners:(l) Electronic e-rnail to the other party's attorney;(2) Facsimile to the other party's attorney;(3) Mail to the other party's attorney; or(4) Hand delivery to the other party's attorney.

If a party is unrepresented, this disclosure shall be as provided herein to the party.

FOR GOOD CAUSE SHOWN, A MOTION OR AN AGREED ENTRY MA Y 8E FILED TO MODlf.Y THEMANDATORY DISCLOSURE ORDER OR TO EXTEND rns TIME TO DISCLOSE THE FOREGOING INFORMATIONAND DOCUMENTS.

FAll..URE TO COMPLY WITH THE MANDATORY DISCLOSURE ORC'INCLUDTNG, BUT NOT LfMITED TO, THE FOLLOWING:

(I) A FINDING OF CONTEMPT;(2) A WAR D OF ATTORNEY FEES;(3) DISMISSAL Of CLAIMS; ANt)(4) RESTRICTIONS UPON THE SUBMlSSION OF EVIDENCE.

)NS,

This Order is effective the dale it is journalized with the I 'rk of Courts and remains in effect until further Order of theAdministrative Judge.

~b.L~~~~L------IW-N~ E R EDSusan ake olberi, Administrative JudgeHamilton County Court of Common PleasDivision of Domestic Relations S[P 1 4 2009

DR 1.26

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January 8.2014

Gregory L. AdamsCroswell & AdamsOlde Sycamore Square1208 Sycamore StreetCincinnati, Ohio <+5209

Re: Deters

Dear Greg:

Thank you for your client "response" to the First Set of Interrogatories andRequest for Production of Documents. The following is my attempt to resolve discoveryissues prior to filing a Motion to Compel:

1. Please provide the complete account numbers listed in response tointerroqatory number 6. Further, for the Fifth Third checking account ending 585 please'/f';rify the correct account number as your preliminary affidavit of property lists thataccount as ending in 586.

2. Please provide the complete account numbers for all debts listed inresponse to interroqatory number 7.

J. Please provide a response \0 interro.jatory number 20. I presume Mr.08ters is aware of tile name l)f tlle institution holfJillg the mortqage and line of equity onlhe home.

·L Please provide an answer to interrogatol'jiluillber 22.

5. Ple;:lse provide an answer to interrogatory number 23. I find it hard to[Jelieve that there is 110 agreement CIS to what percentage or amount Mr. Deters willreceive from the fees generated from the identified cases.

6. Please explain whether it is your contention that your client is not able tomake a claim c1S to his separate property in response to interrogatory number 24.

7. Please provide a response to request for production numbers 1, 13. 17through 22.27 through 33, 35, 36. and 38 through 44,47, and 48.

I know for a fact that many of these requests have been outstanding sinceAugust, 2013. I would expect a prompt response.

JHM/jcg

V;l truly yours,

/ .-

/I·/(~vmfl/J-() James H. Moskowitz

text_O.txtwould you let him know that I hope to have the bulk of your discovery by the end ofnext week and to stop threatening me ...it's hard to do when I'm sick in bed ...

Page 1

James H. Moskowitz

From:Sent:To:Subject:

Greg Adams <gadams@croswelladams.com>Tuesday,January 28,2014 2:53PMJames H. MoskowitzDeters

Jim.

I'll be meeting with Joe later this week and updating you thereafter.

Greg

Gregory L. AdamsCroswell & Adams Co., L.P.A.1208 Sycamore StreetOlde Sycamore SquareCincinnati, Ohio 45202Phone: 513-24 I-5670Fax: 513-929-3473gadams(@,croswelladams.com'vvww.croswe lladams.com

The information contained in this electronic message is protected by attorney-clientprivilege and/or the work product doctrine. It is intended for the use of the individualand/or entity named above and the privileges are not waived by virtue of this having beensent electronically. If the person actually receiving this communication is not·the intendedrecipient or employee or agent responsible for delivering it to the intended recipient, anyuse) dissemination) distribution) or copying of this communication in error is strictlyprohibited.