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Filed on 07/14/2014 at 04:16 PM 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 MOTION TO EXCLUDE
v. EXPERT TESTIMONY, OR,
ALTERNATIVELY, TO RESET EXPERT
JAMES N. POOLER, DISCOVERY DEADLINES
Defendant.
Plaintiff, The City of Wooster, Ohio (“Wooster”), by and through its undersigned
counsel, hereby moves the Court to exclude any expert testimony offered by Dr. Alicia Brazeau
(“Dr. Brazeau”) or any other potential expert witness Defendant James N. Pooler (“Defendant”)
may retain in this matter.
As set forth more fully in the accompanying Memorandum in Support, which is
incorporated herein by reference, it is inappropriate for an expert to testify on a matter of law,
specifically, the meaning of a municipal ordinance. Alternatively, should this Court find that Dr.
Brazeau’s proposed testimony need not be excluded in its entirety at this time, Wooster
respectfully requests that this Court reset the deadline for completion of expert discovery in this
matter in order that Wooster may have sufficient time in which to retain its own expert to testify
{01638339 - 1}Filed on 07/14/2014 at 04:23 PM in Wayne County, Ohio
regarding interpretation of the ordinance in question, complete the deposition of Dr. Brazeau,
and make its own expert witness available for deposition by Defendant Pooler.
WHEREFORE, for good cause shown and in the interests of justice, Wooster respectfully
requests that the Court exclude any expert testimony offered by Defendant Pooler, whether from
Dr. Brazeau or another. Alternatively, Wooster moves for an extension of the deadline for
completion of discovery regarding expert witnesses for a period of 45 days from entry of the
Court’s order resolving this motion.
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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
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:dclay@walterhav.com
E-mail: alane@walterhav.com
Facsimile: 216-575-0911
Attorneys for Plaintiff City of Wooster, OhioFiled on 07/14/2014 at 04:16 PM in Wayne County, Ohio
CERTIFICATE OF SERVICE
Pursuant to Civil Rule 5, I hereby certify that on this ay of July, 2014, a true and
correct copy of the foregoing Plaintiff's Motion To Exclude Expert Testimony, or,
Alternatively, to Reset Expert Discovery Deadlines and Memorandum in Support, 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
One of the Attorneys for Plaintiff
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Filed on 07/14/2014 at 04:16 PM 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 MOTION TO EXCLUDE v. EXPERT TESTIMONY, OR, ALTERNATIVELY, TO RESET EXPERT JAMES N. POOLER, DISCOVERY DEADLINES Defendant. Plaintiff, The City of Wooster, Ohio (“Wooster”), by and through its undersigned counsel, hereby moves the Court to exclude any expert testimony offered by Dr. Alicia Brazeau (“Dr. Brazeau”) or any other potential expert witness Defendant James N. Pooler (“Defendant”) may retain in this matter. As set forth more fully in the accompanying Memorandum in Support, which is incorporated herein by reference, it is inappropriate for an expert to testify on a matter of law, specifically, the meaning of a municipal ordinance. Alternatively, should this Court find that Dr. Brazeau’s proposed testimony need not be excluded in its entirety at this time, Wooster respectfully requests that this Court reset the deadline for completion of expert discovery in this matter in order that Wooster may have sufficient time in which to retain its own expert to testify {01638339 - 1}Filed on 07/14/2014 at 04:23 PM in Wayne County, Ohio regarding interpretation of the ordinance in question, complete the deposition of Dr. Brazeau, and make its own expert witness available for deposition by Defendant Pooler. WHEREFORE, for good cause shown and in the interests of justice, Wooster respectfully requests that the Court exclude any expert testimony offered by Defendant Pooler, whether from Dr. Brazeau or another. Alternatively, Wooster moves for an extension of the deadline for completion of discovery regarding expert witnesses for a period of 45 days from entry of the Court’s order resolving this motion. {01638339 - 1} 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 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:dclay@walterhav.com E-mail: alane@walterhav.com Facsimile: 216-575-0911 Attorneys for Plaintiff City of Wooster, OhioFiled on 07/14/2014 at 04:16 PM in Wayne County, Ohio CERTIFICATE OF SERVICE Pursuant to Civil Rule 5, I hereby certify that on this ay of July, 2014, a true and correct copy of the foregoing Plaintiff's Motion To Exclude Expert Testimony, or, Alternatively, to Reset Expert Discovery Deadlines and Memorandum in Support, 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 One of the Attorneys for Plaintiff {01638339 - 1}