Document for 13-DR-0038 - MASSIE, CURT A vs. MASSIE, RHONDA L

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                y y

IN THE COURT OF COMMON PLEAS
DOMESTIC RELATIONS DIVISION cea
FOR WAYNE COUNTY, OHIO beh

CURT MASSIE CASE NO. 2013 DR 0038

Plaintiff JUDGE WIEST

vs MAGISTRATE BAUDERS
MOTION REQUESTING
RHONDA MASSIE OTION REQUEST.

ATT , PURSUANT
Defendant TO O.R.C. 3105.73

NOW COMES the Defendant, Rhonda Massie, by and through her undersigned counsel,
and hereby respectfully submits her Motion Requesting Attorney’s Fees Pursuant to O.R.C.
3105.73. Under Ohio law, in a divorce procecding, a court may award all or part of reasonable
attomey’s fees and litigation expenses to either party, if the court finds such an award equitable.
R.C, 3105.73 (A) and R.C. 3105.73 (B). In determining whether an award is equitable, the court
may consider the conduct of the parties and any other relevant factors the court deems
appropriate. Jd.

Defendant asserts an award of attorney’s fees would be equitable in this matter based upon
Curt Massie’s improper and egregious conduct throughout the pending litigation. Curt Massie’s
actions have unduly burdened Rhonda Massie and her counsel. Curt Massic has caused delay,
has failed to provide information as requested, has failed to actively participate in the litigation,
and has failed to appear at Court ordered events.

First, Curt Massie refused to timely comply with the Interrogatories and Request for
Production of Documents. Defendant's counsel made numerous requests and accommodations

for Curt Massie in obtaining these responses; however, it was not until a Motion to Compel and ay y

Motion for Sanctions was filed by Defendant that Curt Massie tendered the requested
information. A tre and accurate copy of the Motion to Compel and Motion for Sanctions is
attached hereto and incorporated as if fully rewritten herein as Exhibit A. This conduct
unnecessarily increased the time expended by Defendant's counsel to obtain the requested
information,

Next, Curt Massie has failed to provide updated information as requested. Defense counsel
sent a request to Curt Massie’s counsel for a social security statement. A true and accurate copy
of a request for information sent to Curt Massie is attached hereto and incorporated as if fully
sewritten herein as Exhibit B. Further, at the status conference on October 21, 2013, counsel
agreed to provide updated documents as to current expenses, liabilities, and social security
statements. Despite this agreement, Curt Massic failed to provide any updated information or the
required social security statement. To date, counsel bas not received infonmation confirming
arguments Curt Massie intends to make at trial.

Finally, Curt Massie has failed to actively participate or engage im the litigation. Curt
Massie failed to attend the required class for divorcing parents in Wayne County and has not yet
provided any confirmation as to a date when he scheduled to take the required course. Curt
Massie failed to personally appear at two court appearances with his counsel sighting illness both
times for his failure to appear. Curt Massie has been unwilling to engage in settlement
discussions; failing to make any settlement offers or counter-offer to Defendant’s Offer and
Letter of Settlement.

Curt Massie’s most egregious failure to participate ocourred on October 31, 2013 when he

failed to appear at the Court ordered sctttement conference scheduled to be held at the law

offices of Attomey Jennifer Cundiff at 11:00 a.m. At the status conference on October 21, 2013,y y

jt was noted there was unwillingness by Curt Massic to actively engage in settlement discussions
and provide requested documentation. In response to this issue, this Honorable Court ordered a
settlement conference be scheduled, attended by both parties and their counsel, and that any
requested documents or exhibits be exchanged on or before that date. While at the status
conference, counsel established the date and time for the settlement conference and discussed
documents to be provided by the parties. Counsel proceeded to inform the Parties at the status
conference of the date, time and mandatory nature of the settlement conference. Despite the
mandatory nature of this settlement conference, Curt Massie failed to appear. Curt Massie’s
counsel attended the settlement conference and stated that based on her client failure to appear or
provide documentation, she would need to file a motion to continue the trial date. Clearly, Curt
Massie’s actions have significantly delayed litigation and have caused unnecessary expenditures
of time and money by Defendant and Defendant’s counsel.

WHEREFORE, the Defendant, Rhonda Massie, respectfully requests this Honorable Court
to issue an Order requiring the Plaintiff, Curt Massie to pay reasonable attomey’s fees in the
above-captioned matter. Such an award is equitable under the circumstances.

Respectfully submitted,

BERNLOHR, NIEKAMP & WEJSENSELL, LLP