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Filed on 07/31/2014 at 07:46 AM in Wayne County, Ohio
IN THE COURT OF COMMON PLEAS
WAYNE COUNTY, OHIO
THE CITY OF WOOSTER, OHIO, CASE NO. 13-CV-0657
EX REL. RICHARD R. BENSON, JR.,
LAW DIRECTOR, JUDGE SPITLER
Plaintiff,
PLAINTIFF’S RESPONSE TO
v. DEFENDANT’S MOTION TO RESET
CASE MANAGEMENT DEADLINES
JAMES N. POOLER,
Defendant.
Plaintiff, The City of Wooster, Ohio (“Wooster”), by and through its undersigned
counsel, hereby responds to Defendant Pooler’s Motion to Reset Case Management Deadlines,
which requests that deadlines in this matter be postponed another 30 days. Wooster opposes any
further extension of fact discovery deadlines. Further, Wooster opposes any further extensions of
deadlines if the Court grants Wooster’s Motion to Exclude Expert Testimony. As set forth in that
Motion, Defendant waited until the last minute to designate an expert on an issue on which no
expert testimony is permissible. Clearly, the expert should be excluded and the case management
schedule maintained, as set forth in this Court’s Judgment Entry dated July 1, 2014.
The other reasons Defendant offered for seeking an extension are without merit. First,
Defendant argues that Wooster would need time to respond to Defendant’s request for certain
401648972 - 1}Filed on 07/31/2014 at 07:46 AM in Wayne County, Ohio
documents. Wooster has already responded to this request by letter dated July 23, 2014, which
indicates that all documents have been produced and the documents Defendant requested are
already in his possession. Therefore, no delay in the case management schedule is necessary for
this reason.
Second, Defendant also indicated that postponement was needed because Wooster would
need time to respond to Defendant's First Set of Combined Discovery Requests which were
issued on July 17, 2014. Since Defendant issued the discovery knowing that Wooster’s response
was not due for another 28 days, or the day the dispositive motions are due on August 14, 2014,
this is not a valid reason to delay discovery any further. Defendant delayed in seeking this
discovery; this Court should not reward him for his delay. Defendant should have sought
discovery in a timely manner. Therefore, this is not a valid reason to postpone the case
management schedule.
WHEREFORE, for good cause shown and in the interests of justice, Wooster respectfully
requests that the Court deny Defendant’s motion. The Court should simply establish a new
schedule for the submission of motions for summary judgment.
Respectfully submitted,
RICHARD R. BENSON, JR. (Reg. No. 0021968)
Director of Law
City of Wooster
538 North Market Street
Wooster, OH 44691
Phone: 330-263-5248
Facsimile: 330-263-5247
E-mail: dbenson@woosteroh.com
401645972 - 1} 2Filed on 07/31/2014 at 07:46 AM in Wayne County, Ohio
STEPHEN L. BYRON (Reg. No. 0055657)
Direct Dial: 216-928-2892
DARRELL A. CLAY (Reg. No. 0067598)
Direct Dial: 216-928-2896
AIMEE W. LANE (Reg. No. 0071392)
Direct Dial: 216-928-2985
WALTER & HAVERFIELD LLP
The Tower at Erieview
1301 East Ninth Street, Suite 3500
Cleveland, OH 44114-1821
E-mail:sbyron@:walterhav.com
E-mail:delay @walterhav.com
E-mail: alane@walterhav.com
Facsimile: 216-575-0911
Attorneys for Plaintiff City of Wooster, Ohio
CERTIFICATE OF SERVICE
Pursuant to Civil Rule 5, I hereby certify that on this3O Yay of July, 2014, a true and
correct copy of the foregoing Plaintiff's Response to Defendant’s Motion to Reset Case
Management Deadlines, was served by electronic mail and ordinary U.S. Mail, first-class
postage prepaid, properly addressed, on the following:
Jason M. Storck, Esq.
Storck Law Office, Ltd.
Post Office Box 1023
Wooster, Ohio 44691
jason@ storcklawoffice.com
(01645972 - 1}
Ohe of the Attorneys for Plaintiff
Preview
Filed on 07/31/2014 at 07:46 AM in Wayne County, Ohio IN THE COURT OF COMMON PLEAS WAYNE COUNTY, OHIO THE CITY OF WOOSTER, OHIO, CASE NO. 13-CV-0657 EX REL. RICHARD R. BENSON, JR., LAW DIRECTOR, JUDGE SPITLER Plaintiff, PLAINTIFF’S RESPONSE TO v. DEFENDANT’S MOTION TO RESET CASE MANAGEMENT DEADLINES JAMES N. POOLER, Defendant. Plaintiff, The City of Wooster, Ohio (“Wooster”), by and through its undersigned counsel, hereby responds to Defendant Pooler’s Motion to Reset Case Management Deadlines, which requests that deadlines in this matter be postponed another 30 days. Wooster opposes any further extension of fact discovery deadlines. Further, Wooster opposes any further extensions of deadlines if the Court grants Wooster’s Motion to Exclude Expert Testimony. As set forth in that Motion, Defendant waited until the last minute to designate an expert on an issue on which no expert testimony is permissible. Clearly, the expert should be excluded and the case management schedule maintained, as set forth in this Court’s Judgment Entry dated July 1, 2014. The other reasons Defendant offered for seeking an extension are without merit. First, Defendant argues that Wooster would need time to respond to Defendant’s request for certain 401648972 - 1}Filed on 07/31/2014 at 07:46 AM in Wayne County, Ohio documents. Wooster has already responded to this request by letter dated July 23, 2014, which indicates that all documents have been produced and the documents Defendant requested are already in his possession. Therefore, no delay in the case management schedule is necessary for this reason. Second, Defendant also indicated that postponement was needed because Wooster would need time to respond to Defendant's First Set of Combined Discovery Requests which were issued on July 17, 2014. Since Defendant issued the discovery knowing that Wooster’s response was not due for another 28 days, or the day the dispositive motions are due on August 14, 2014, this is not a valid reason to delay discovery any further. Defendant delayed in seeking this discovery; this Court should not reward him for his delay. Defendant should have sought discovery in a timely manner. Therefore, this is not a valid reason to postpone the case management schedule. WHEREFORE, for good cause shown and in the interests of justice, Wooster respectfully requests that the Court deny Defendant’s motion. The Court should simply establish a new schedule for the submission of motions for summary judgment. Respectfully submitted, RICHARD R. BENSON, JR. (Reg. No. 0021968) Director of Law City of Wooster 538 North Market Street Wooster, OH 44691 Phone: 330-263-5248 Facsimile: 330-263-5247 E-mail: dbenson@woosteroh.com 401645972 - 1} 2Filed on 07/31/2014 at 07:46 AM in Wayne County, Ohio STEPHEN L. BYRON (Reg. No. 0055657) Direct Dial: 216-928-2892 DARRELL A. CLAY (Reg. No. 0067598) Direct Dial: 216-928-2896 AIMEE W. LANE (Reg. No. 0071392) Direct Dial: 216-928-2985 WALTER & HAVERFIELD LLP The Tower at Erieview 1301 East Ninth Street, Suite 3500 Cleveland, OH 44114-1821 E-mail:sbyron@:walterhav.com E-mail:delay @walterhav.com E-mail: alane@walterhav.com Facsimile: 216-575-0911 Attorneys for Plaintiff City of Wooster, Ohio CERTIFICATE OF SERVICE Pursuant to Civil Rule 5, I hereby certify that on this3O Yay of July, 2014, a true and correct copy of the foregoing Plaintiff's Response to Defendant’s Motion to Reset Case Management Deadlines, was served by electronic mail and ordinary U.S. Mail, first-class postage prepaid, properly addressed, on the following: Jason M. Storck, Esq. Storck Law Office, Ltd. Post Office Box 1023 Wooster, Ohio 44691 jason@ storcklawoffice.com (01645972 - 1} Ohe of the Attorneys for Plaintiff