On November 22, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
and
in the District Court of Franklin County.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169
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IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS
CIVIL DIVISION
DEBORAH BINGHA CATRI, et al.,
Plaintiffs : Case No. 14CVC11-12169
vs. : JUDGE HOLBROOK
MIMI W. KINARD, et al.,
Defendants
ORDER
This matter came before the Court on August 16, 2016 for a status conference in
order to discuss Plaintiffs’ July 26, 2016 motion for a protective order and Defendant
Edwards’ August 1, 2016 combined brief in opposition, motion to compel, and motion to
dismiss, as well as any other issues requiring attention.
At the start of the conference, counsel informed the Court that Plaintiffs’ motion
for a protective order with regard to Defendant Edwards’ recent Requests for
Admissions, Supplemental Interrogatories and Requests to Produce Documents is now
moot.
With regard to Defendant Edwards’ motion for protective order, to compel
depositions or, in the alternative, to dismiss, the Court orders that counsel cooperate in
coordinating the depositions of Plaintiffs Deborah and Jeffrey Catri, as well as the
plaintiffs’ accountant. The remainder of the motion is either moot (protective order) or
denied (dismissal). Plaintiffs’ motion for an extension of time to respond (filed August
15, 2016) is denied.
The Court and counsel also discussed Defendant Mimi Kinard’s August 4, 2016
motion for leave to file a motion for summary judgment and Defendant Edwards’
August 15, 2016 motion to quash subpoena. Upon review and consideration, the motionFranklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169
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for leave to file a motion for summary judgment is denied. The last effective
dispositive motions deadline was December 1, 2015, and trial is currently scheduled to
start in approximately seven weeks. Furthermore, the facts and evidence cited in
support of the proposed motion have been known to all parties since July of 2015,
negating any argument that the motion could not have been filed before the December
deadline. Thus, any dispositive motions practice is untimely.
The Court will defer its decision regarding the motion to quash until such time as
Plaintiffs have had the opportunity to respond.
IT IS SO ORDERED.
Copy via electronic notification to:
Kevin O’Brien, Esq.
Counsel for Plaintiff
Rachel Ferrera, Esq.
Jeffrey Nodzak, Esq.
Counsel for Defendant Kinard
Richard S. Matas, Esq.
Counsel for Defendant EdwardsFranklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169
0D187 - P83
Franklin County Court of Common Pleas
Date: 08-16-2016
Case Title: DEBORAH BINGHA CATRI ET AL -VS- MIMI W KINARD ET AL
Case Number: 14CV012169
Type: ORDER
It Is So Ordered.
/s/ Judge Michael J. Holbrook
Electronically signed on 2016-Aug-16 page 3 of 3Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169
0D187 - P84
Court Disposition
Case Number: 14CV012169
Case Style: DEBORAH BINGHA CATRI ET AL -VS- MIMI W KINARD
ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 14CV0121692016-07-2699980000
Document Title: 07-26-2016- MOTION FOR PROTECTIVE ORDER
- PLAINTIFF: DEBORAH BINGHA CATRI
Disposition: MOTION IS MOOT
2. Motion CMS Document Id: 14CV0121692016-08-0499980000
Document Title: 08-04-2016-MOTION FOR LEAVE TO FILE -
DEFENDANT: MIMI W. KINARD
Disposition: MOTION DENIED
3. Motion CMS Document Id: 14CV0121692016-08- 1599950000
Document Title: 08-15-2016-MOTION TO EXTEND TIME -
PLAINTIFF: DEBORAH BINGHA CATRI
Disposition: MOTION DENIED
Document Filed Date
August 16, 2016
Case Filing Date
November 22, 2014
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169 0D187 - P81 IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS CIVIL DIVISION DEBORAH BINGHA CATRI, et al., Plaintiffs : Case No. 14CVC11-12169 vs. : JUDGE HOLBROOK MIMI W. KINARD, et al., Defendants ORDER This matter came before the Court on August 16, 2016 for a status conference in order to discuss Plaintiffs’ July 26, 2016 motion for a protective order and Defendant Edwards’ August 1, 2016 combined brief in opposition, motion to compel, and motion to dismiss, as well as any other issues requiring attention. At the start of the conference, counsel informed the Court that Plaintiffs’ motion for a protective order with regard to Defendant Edwards’ recent Requests for Admissions, Supplemental Interrogatories and Requests to Produce Documents is now moot. With regard to Defendant Edwards’ motion for protective order, to compel depositions or, in the alternative, to dismiss, the Court orders that counsel cooperate in coordinating the depositions of Plaintiffs Deborah and Jeffrey Catri, as well as the plaintiffs’ accountant. The remainder of the motion is either moot (protective order) or denied (dismissal). Plaintiffs’ motion for an extension of time to respond (filed August 15, 2016) is denied. The Court and counsel also discussed Defendant Mimi Kinard’s August 4, 2016 motion for leave to file a motion for summary judgment and Defendant Edwards’ August 15, 2016 motion to quash subpoena. Upon review and consideration, the motionFranklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169 0D187 - P82 for leave to file a motion for summary judgment is denied. The last effective dispositive motions deadline was December 1, 2015, and trial is currently scheduled to start in approximately seven weeks. Furthermore, the facts and evidence cited in support of the proposed motion have been known to all parties since July of 2015, negating any argument that the motion could not have been filed before the December deadline. Thus, any dispositive motions practice is untimely. The Court will defer its decision regarding the motion to quash until such time as Plaintiffs have had the opportunity to respond. IT IS SO ORDERED. Copy via electronic notification to: Kevin O’Brien, Esq. Counsel for Plaintiff Rachel Ferrera, Esq. Jeffrey Nodzak, Esq. Counsel for Defendant Kinard Richard S. Matas, Esq. Counsel for Defendant EdwardsFranklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169 0D187 - P83 Franklin County Court of Common Pleas Date: 08-16-2016 Case Title: DEBORAH BINGHA CATRI ET AL -VS- MIMI W KINARD ET AL Case Number: 14CV012169 Type: ORDER It Is So Ordered. /s/ Judge Michael J. Holbrook Electronically signed on 2016-Aug-16 page 3 of 3Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Aug 16 3:40 PM-14CV012169 0D187 - P84 Court Disposition Case Number: 14CV012169 Case Style: DEBORAH BINGHA CATRI ET AL -VS- MIMI W KINARD ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 14CV0121692016-07-2699980000 Document Title: 07-26-2016- MOTION FOR PROTECTIVE ORDER - PLAINTIFF: DEBORAH BINGHA CATRI Disposition: MOTION IS MOOT 2. Motion CMS Document Id: 14CV0121692016-08-0499980000 Document Title: 08-04-2016-MOTION FOR LEAVE TO FILE - DEFENDANT: MIMI W. KINARD Disposition: MOTION DENIED 3. Motion CMS Document Id: 14CV0121692016-08- 1599950000 Document Title: 08-15-2016-MOTION TO EXTEND TIME - PLAINTIFF: DEBORAH BINGHA CATRI Disposition: MOTION DENIED