H and M Services, LLC v. Alliance Inventory Service, LLC et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
H AND M SERVICES, LLC, 	:
:
Plaintiff, 	: 	Case No.: 2:23-cv-2822
:
v. 	: 	Judge Algenon L. Marbley
:
ALLIANCE INVENTORY SERVICE, 	: 	Magistrate Judge Chelsey M. Vascura
LLC, et al., 	:
:
Defendants. 	:
OPINION & ORDER
Before this Court is the Magistrate Judge’s Report and Recommendation (“R&R”) (ECF No.
46), which recommends that Robert Queen II and BC Inventory, LLC be held in contempt for
failure, without adequate excuse, to obey the subpoena served upon them by Plaintiff on March 9,
2024, and that a fine of $100.00 per day be imposed on each of them until they respond to the
subpoena. The R&R also recommends that Robert Queen II and BC Inventory, LLC be ordered to
pay the attorney’s fees and costs that Plaintiff reasonably incurred in connection with its motion for
a show cause hearing and Plaintiff’s appearance at the May 28, 2024, show cause hearing.
For the reasons that follow, the Magistrate Judge’s R&R (ECF No. 46) is ADOPTED, and
Robert Queen II and BC Inventory, LLC are held in CONTEMPT. This Court imposes upon each
of them a fine of $100.00 PER DAY, from the date of the show cause hearing, May 28, 2024, until
each complies with the Rule 45 requirements for responding to a subpoena. Finally, this Court
ORDERS Robert Queen II and BC Inventory, LLC to pay the attorney’s fees and costs that Plaintiff
reasonably incurred in connection with its motion for a show cause hearing and appearance at the
show cause hearing.
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I. 	BACKGROUND
This Court adopts the R&R’s description of the facts and highlights the following key facts
for the purpose of analysis. First, Robert Queen II and BC Inventory, LLC failed to respond to
Plaintiff’s subpoena duces tecum, which was served on March 9, 2024, and failed to respond to an
email by Plaintiff’s counsel sent on April 12, 2024, requesting compliance with the subpoena. (ECF
No. 46 at 1). On April 25, 2024, this Court ordered Robert Queen II and BC Inventory, LLC to
appear at a May 28, 2024, hearing and show cause for why they should not be held in contempt.
(ECF No. 46 at 1). Robert Queen II and BC Inventory, LLC failed to appear at this hearing. (ECF
No. 46 at 1).
On May 28, 2024, the Magistrate Judge issued its R&R (ECF No. 46), recommending: (1)
that Robert Queen II and BC Inventory, LLC be held in contempt for failure, without adequate
excuse, to obey the subpoena served upon them by Plaintiff and that a fine of $100.00 per day be
imposed on each of them until they comply with the requirements for responding to a subpoena
pursuant to Federal Rule of Civil Procedure 45; (2) that Robert Queen II and BC Inventory, LLC be
ordered to pay the attorney’s fees and costs that Plaintiff reasonably incurred in connection with its
motion for a show cause hearing and Plaintiff’s appearance at the show cause hearing; and (3) that
these sanctions not be imposed should Robert Queen II and BC Inventory, LLC comply with the
requirements for responding to a subpoena within fourteen days of being personally served with the
R&R. (ECF No. 46 at 2). Robert Queen II and BC Inventory, LLC did not respond to the subpoena
within fourteen days of service of the R&R, nor did they file any objections to the R&R.
II. 	STANDARD OF REVIEW
Courts commonly review the Report and Recommendation for clear error, and failure to
object ordinarily waives appellate review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Thomas
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v. Arn, 474 U.S. 140, 144-45, 151 (1985); Howard v. Sec’y of HHS, 932 F.2d 505, 508-09 (6th Cir.
1991); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981); Neuman v. Rivers, 125 F.3d 315,
322 (6th Cir. 1997).
III. 	LAW AND ANALYSIS
Under Federal Rule of Civil Procedure 45, a district court “may hold in contempt a person
who, having been served, fails without adequate excuse to obey the subpoena or an order related to
it.” Fed. R. Civ. P. 45(g). Here, Robert Queen II and BC Inventory, LLC failed to comply with the
Rule 45 requirements for responding to a subpoena and failed to appear at the show cause hearing
as ordered by this Court. (ECF No. 46 at 1). Despite the email request from Plaintiff’s counsel,
despite this Court’s order to show cause, and despite the Magistrate Judge’s R&R, Robert Queen II
and BC Inventory, LLC failed to communicate any excuse for their lack of response. (ECF No. 46
at 1). As such, this Court is presented with clear and convincing evidence that shows that Robert
Queen II and BC Inventory, LLC violated definite and specific orders to respond to Plaintiff’s
subpoena. Further, given that Robert Queen II and BC Inventory, LLC’s lack of response to the
subpoena within fourteen days of the R&R, this Court determines that sanctions are appropriate.
IV. 	CONCLUSION
Accordingly, this Court ADOPTS the Magistrate Judge’s R&R (ECF No. 46) and holds
Robert Queen II and BC Inventory, LLC in CONTEMPT. This Court imposes upon each of them
a fine of $100.00 PER DAY, from the date of the show cause hearing, May 28, 2024, until each
complies with the Rule 45 requirements for responding to a subpoena. Finally, this Court ORDERS
Robert Queen II and BC Inventory, LLC to pay the attorney’s fees and costs that Plaintiff reasonably
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incurred in connection with its motion for a show cause hearing and appearance at the show cause
hearing.
IT IS SO ORDERED.
____________________________________
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: November 21, 2025
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