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.MP,RE-DECREE
COURT OF COMMON

PLf~AS:;:'~
\. J
.~.

DOMESTIC RELATIONS DIVISION

HAMILTON COUNTY, OHIO
I,!

MELISSA

HENDON DETEJ{S

( ) POST DECREE

C~g. qf CUSt. .
V . Enforce/Mod.
OtUhPe' ESnfOrCe/MOd ..
r:

CASE NO, DR1302234

Plaintiff

JlJDGF: LEWIS

VS.
JOESPH THEODORE DETERS

MOTION

TO COMPEL

Defendant

Now comes Defendant

1.

and pursuant

By agreement

lnterrogatories

with Defendant's

and Request

order on November

to Civil Rule 37(A) states as follows:

for Production

counsel,

Defendant

of Documents

was served with

and this Court's

mandatory

by a process server (see 11122/13 email from Gregory

22,2013

proof of service and Mandatory

Disclosure

Order attached

hereto as Exhibit

disclosure

L. Adams,

A).
..
r, :~2-i

During the December

2.

meeting

16,2013

\ ,

that his client would have documents

indicated

:~,;;,s:
~:;:;::'(j

with the Court.Tiefendant's.counsej-,

in response

to Plaintiffs

discovery~bY'1he

e~

rn
f-'l
-

of~ ~~
C")(j:-';:

the year.

.
Defendant

2.

interrogatories
responsive

Plaintiff

20,201:l.

Defendant

8, 2014, counsel

deficiencies

On approximately
that he intended

what Plaintiffwould

loosely refer to as a response

essentially

failed

[0

provide

TO

ry.-(

the~

for Defendant

ariy documents

in their responses
January

17,20

sent a letter to counsel

(see 1/8/!4

letter attached

4, Plaintiff

informed

to have the bulk of his responses

to discovery

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

for

hereto as Exhibit

Defendant

via text

by the end of the next

aU)
--j

::x:

requests.

On January

detailing
5.

message

on December

to Plaintiff's

4.

provided

co:;:

lJ ;~5S~

B).

:::0

(
I
\.."..4'

,.

6.

On January 28, 2014, Defendant's

counsel informed Plainti ff's counsel via email

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

discovery responses (See Un/14 ernail from Gregory L. Adams attached hereto as Exhibit D).
7.

As of the date of this motion, no additional information

has been provided.

8.

As of the date ofthis motion, Defendant has failed to comply with the Court's

mandatory disclosure order.

WHEREFORE,

Plainti ff moves for an Order from the Court compelling the Defendant to

provide the appropriate responses to Plaintiff's

discovery; for attorney fees and costs incurred in

bringing this action; and for all other relief that is just and equitable.

p' ~~~
oskowitz (.iM6~oJrtz, LLC
~1es
H. Moskowitz
Attorney for Plaintiff
2900 Carew Tower
441 Vine Street

Cincinnati, Ohio 45202

(513)721-3111
(513) 721-3077 fax
jim@moskowitz!egal.com

#006:0

COURT OF COMMON PLEAS

DOMESTfC RELATIONS DIVISION
HA!\,IIL TON COUNTY; OHIO
MEL[SSA

HENDON DETERS

CASE NO. DR1302234

Plaintiff
JUDGE

LEWIS

VS.
JOESPH

THEODORE

AFFIDAVIT IN SUPPORT
MOTION TO COMPEL

DETERS

OF

Defendant
1, James H. Moskowitz,

being first duly swam and cautioned,

I.

1 am an attorney,

2.

! represent

3.

By agreement

Interrogatories

the Plaintiff

Cor Production

22, 201 J by

and proof of service attached

4.
indicated

i1

licensed

to practice

law in the state of Ohio.

in this action.

with Defendant's

and Request

order on November

in good standing,

state as follows:

counsel,

Defendant

of Documents

was served with

and this Court's

mandatory

disclosure

process server (see 11122/ [3 email from Gregory

hereto

CIS

Exhibit A).

16,2013

During the December

L. Adams

that his client would have documents

meeting

with the Court, Defendant's

in response

to Plaintiff's

discovery

counsel
by the end of

the year.
5.

Defendant

interrogatories
responsive

Plaintiff

Defendant

would loosely refer

essentially

failed

[0

10

as a response

provide

to the

any documents

requests.

On January

detailing

what Plaintiff

20,2013.

on December

to Plaintiffs

6.

provided

8, 2014, counsel

deficiencies

tor Defendant

in their responses

(see \/8/14

sent a letter to counsel

letter attached

for

hereto as Exhibit B).

_.)

...

7.

On approximately

January

7,2014,

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).

8.

On January 28, 2014, Defendant's

counsel informed Plaintiff's counsel via email

that he was meeting with his client that week and would thereafter provide an update to their
discovery responses (See 1/28114 email from Gregory L. Adams attached hereto as Exhibit D).
9.

As of the date of this motion,

10.

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

110

additional information has been provided.

mandatory disclosure order.

Further affiant saith naught.

Swam to before me and subscribed in my presence this 3rd day of February, 2014.

!on

s. i1v3i\OWiiL. ;.TI~~;

. II \/10

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",,'''''

PUBLIC,

corr"nISSi('Hl
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hng
1;t7.Ql

c\;plr:JtioH
O.R.C.

no

t
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NOTICE OF HEARING

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

T'D\)

2014fj'om

.tn.to

.m.jn Roorn

of the Hamilton

---

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

'~~<1.4/(/I
~oskowitz

James H. Moskowitz
Attorney for Plaintiff

CERTIFICATE

~-

& Mosk6witz,

tec \./

#0064l90

OF SERVICE

The undersigned hereby certifies that a copy of the foregoing motion to compel and
affidavit in support was served upon Gregory L. Adams, Attorney for Defendant, by email this
:3I'd clay of February, 2014.

-v ,

James H. Moskowitz

"'_""'' ' "' ' ' ' ' iEl'__'

~....,.,

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__

''''',

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__

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' '"'

~MitF'''_

James H, Moskowitz

From:
Sent:
To:
Subject:

Friday,

November

22, 2013 11:19 AM

'gadams@croswelladams.com'
RE: Deters

The papers were picked

up by Legal Tenders and will be delivered to your office shorrlv,

From: Greg Adams [!:Dailto:gadams@croswelladams.com]

Sent: Friday, November 22, 2.013 11: 17 AM
To: James H, Moskowitz
Subject: Deters
Jim,

This willconfirm my willingness to accept service of the divorce papers on Joe's behalf,
Greg

Gregory

L. Adams

Croswell & Adams Co., L.P,A.

1208 Sycamore Street
Olde Sycamore Square
Cincinnati, Ohio 45202
Phone: 5 l3-24! -5670
Fax: 513-929-3473

l!adams,@croswelladams.colJ}
w\vw,croswelladams.coI11

The information
contained
in this electronic
message is protected
by attorney-client
privilege and/or the wor-k product doctrine,
It is intended for the use of the individual
and/or entity
named above and the privileges are not waived by virtue of this having been
sent electronically.
If the person actually receiving this communication is not the intended
recipient or employee 6r agent responsible for delivering it to the intended recipient. any
use.
dissemination. distribution, or copying of this communication
in error
is strictly
prohibited.

IN THE COURT OF COMMON PLEAS

DOMESTIC RELATIONS DIVISION
HAMILTON COUNTY, OHIO

MELISSA HENDON DETERS,

Case No.

Plaintiff,

DR1302234

Judge:

VS.

JOSE,PH THEODORE DETERS,

PROOF OF SERVICE OF A
SUMMONS, COMPLAINT AND
ALL SUPPORTING PAPERWORK
ON JOSEPH THEODORE DETERS
~
___
i::;:;

Defendant.

-....

f:"':::

~ ~

~r-~

r-~~
- ::::0 ):,.

C)

-e

This notice is given that the service of a Summons, Complaint, Motion and 1'l.ffidavi~r

r-e-

~~C'")

a ""

0--

C)r1:::"t:'

IJI

Temporary Parenting Orders, Affidavit in Compliance with 3127.23, GrouptBJalthb

~2~

::::::
:s-c:~
"
::0
r-

Insurance Affidavit, Affidavit of Income and Expenses, Mandatory Disclosure OrdJc<, ;;;;;;:;
C..;

Administrative

tx:

Temporary Restraining Order, Order to Attend Iniiial Case Management

Conference, Property Statement, Plaintiffs First Set of Interrogatories and CO 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

AOAMS(CINOY VINEY,I\RD) at (heir place of business 1208 Sycamore Avenue,

Cincinnati, Ohio 45202.
~~~
e nifer Vach
Special Proce s Server
Legal Tenders of Ohio
5 McCormick Trail
Cincinnati, Ohio 45150
(513) 624-0110

"----:

-----~--COURT OF COMMON PLEAS

DIVISION
OF DOMESTIC
RELATIONS
HAMrl,TON
COUNTY,
OHIO

Case No, M090004

[\O~f[NrSTKATlVE

RE: MANDATORY
DISCLOSURE
PURSUANT TO LOCAL RULE 1_26
PURSUANT

D R 1 302 2 3 4

TO LOCAL RULE 1.26 IT IS HEREBY

ORDERED

lUDGE'S ORDeR

AS FOLLOWS;

Within 4S days of any Complaint for Dlvo rcc, Legal SeparaHon or Annulment fiI~d with this Court and bein~ served on
the defendant, each party shall disclose to the other JII of the rollowing information and dOCUI/1CnlS that is in his or her custody,
possession or control:
(I)
Deeds to all real estute that U1epan)' owns or claims an interest;

(2)
(3)
(l\)

(5)

(6)

0)
(8)
(0)
(I 0)
(II)

(J 2)
(1 J)

The Ji5closures
(I)
(2)

cn
(4)

Titles to all vehicles that the party owns or claims an interest;

The most recently issued statements on all bank accounts, annuities, stocks, and bonds Oil which the party's
name appears or to which the party claims an interest;
The most recently issued statements regarding pensions, profit shnring plans, retirement bene fits, and lRAs,
including the most recent summary plan description, on which the party's name appears or 10 which the party
claims all interest;
~
'n
All life insurance policies owned by the party or for which the party ur their chiidf ren) is/are u ~ijci~I}'-i~
force now or within the Insl six months, including the most recent cash vaiuc stDlcmeT1'K't'"'l
..,-, I
'.:-()
The lost three years' income tax ~\urn:;;<
~ ~'-<
Proof of current \[,come from all sources;
Health, dental, and visio insurance coverage available to the purty along with ALL
(j 2:
options and costs (i.e. single, family, etc.);
.
All COBRA benefits to which either party may be entitled, including cost
-R ~~('11
.
(/l:;O
csurnate s:
s:
0
Childcnre expenses incurred for the child(rcn);
03
::r:
The most recently issued statements for all liabilities including, but not limited to,
mortgages, lines of credit, loans, and credit card accounts on which the parry's name appears or
for which a party is responsib!e;
Completed Property Statement (Form No, DR 4,1);
Completed .Miidavit of Income, Expenses & Financial Disclosure (form No, DR 7,3),
required herein shal] be made by providing copies of documents in one ofthe following manners:
Electronic e-mni] to the 01her party's attorney;
Facsimile to Ihe other party's ettorney;
Mail to the other party's anorney; or
Hand delivery W the other party's attorney,
If J party is unrepresented. rhis disclosure shall be as provided herein 10 the; party.

a'-

p'rn

';;J;>

~ ~~~~
:~
z~~

FOR GOOD CAUSE SHOWN, /\ MOTION OR AN AGREED ENTRY MA Y 8E FILED TO MODIfY THE
MANDATORY
DISCLOSURE ORDER OR TO EXTEND rue TfME TO CJ(SCLOSE lKE. FOR-EGGING INFORMATIOi'\
AND IJOCUMENTS,
)NS,
FAll.URE TO COMPLY WITH THE MANDATORY OISCLOSURE ORC
lNCLUDING,
(I)

(2)
(3)
(4)

BUT ~~OT U1v!ITED TO, THE FOLLOWf?'IG:

/\ Fll\'DING OF' COI'HEM PT;

AWMWOF i\TTORN'EY FEES;

DISMISSAL or: CLAIMS; AND
RESTRICTIONS
UPON THE SUBMISSION

This Order is effective the dale it is journalized

Administrative Judge,

OF EVIDENCE.

with the

hk ofCou!1s

and remains in effect until further Order of the

~~~~~--~~~~--~~--------~~~~
Susan
nkc
olberi, Administrative
Judbc
Hamilton County Court of Common
Division of Domestic Relations
DR 1,26

Pleas

SEP 1 4 ZOD9

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.ianuarv 8. 2014

Gregory L, Adams
Croswell & Adams
Olde Sycamore
Square
1208 Sycamore
Street
Cincinnati,
Ohio 45209
Re: Deters

Dear Greg:
Thank you for your client "response"
to the First Set of Interrogatories
and
for Production
of Documents,
The following is my attempt to resolve dlscoverv
issues prior to filing a Motion to Compel:
Request

1,
P1E!Clseprovide the complete
account numbers listed in response to
il,tprr()gatory
Ilull,bar E3,f-l.I(ther, for \he Fifnl fllird checking account c:nclinq 585 please
'fondy the correct account number as your preliminary
;1fficJa'/it of property lists that
.iccoont 8S ending in 586,

~?,
Ple ase provide the I;omplete
ri:;';po0S8 to int8rro<:]J.tory number 7,

account

numbers

for :111debts listed in

,J.
?10r\:3I::? pro'Aje :.l (:~sf-lofl':ie to il1tr?f(()'FttOf',I
l1i1r)l[)(-?r ~~iJ.
I pr~:3Llln~ r.lr.
\)')tf:~rs is ;.1W;;H8 of till:? 11~UT1f:? of \h8 institution holdiriCj thr) illIJil()8r;e ,'lf1ri line of ,~quity on
ti;':: hIW1f~,

F'lr:;ilse provide ~111 .uiswer to il1terrogcltory

number 23, ! rind it nard to
nie(8 is 1)0 <lC]reement (1S to wh:.'1t percentaqe
or .unount Mr. Deters will
from the f8es gen8rClted trorn tlie idel1!ified cases.

5,
believe

tllilt

18ceive

13.
make a claim

Plaase

.is to

cxptain whether it is your contention

th<1t your client is not db Ie to
his separate
property in response to interrogatory
number 24.

7,

Please provide a response to request lor production

numbers
22, 27 through 33, J5, 36. and J8 through 44, .:+ 7, and ~\8.

through

August,

! know for a fact that many of these requests

201 J, I would expect a prompt response.

have been outstanding

~/:.r)

truly yours,

..'

(j
JHM/jcg

~..

/,,>.~

/~'l

"1)

/j

H'IVi;;~k;;-~
IIz

J~,;;~ 5'

I, 13. 17

since

.'

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text_O.txt
would you let him know that I hope to have the bulk of your discovery by the end of
next week and to stop thre~tenin9 me ... it's hard.to do when I'm sick in bed ...

Page 1

James H. Moskowitz
From:

Greg Adams <gadams@croswelladams.com>

Sent:
To:

Tuesday, January 28. 2014 2:53 PM

James H. Moskowitz

Subject:

Deters

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

you thereafter.

Greg

Gregory L. Adams
Croswell & Adams Co., L.P.A.
1208 Sycamore Street
Olde Sycamore Square
Cincinnati, Ohio 45202

Phone: 5\3-24\-5670
Fax: 5] 3-929-3473
!.!adams(@'croswelladams.coll1
www.crcswelladams.com

The information contained in this electronic message is protected by attorney-client

privilege and/or the work product doctrine. It is intended for the use of the individual
and/or entity named above and the privileges are not waived by virtue of this having been
sent electronically.
If the person actually receiving this communication is not the intended
recipient or employee or agent responsible for delivering it to the intended recipient, any
use) dissemination) distribution, or copying of this communication in error is strictly
prohibited.