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Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio
WAYNE COUNTY,
wm FEB 27 AM 1C 16
TA NEAL
CLERK OF COURTS
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 COREY E. SPITLER
Plaintiff, JOINT MOTION TO RESET CASE
MANAGEMENT ORDER, WITH
v. INCORPORATED MEMORANDUM IN
SUPPORT
JAMES N. POOLER,
Defendant.
Plaintiff/Counter-Defendant The City of Wooster, Ohio (“Wooster”), and Defendant/
Counter-Plaintiff James N. Pooler, each by and through its undersigned counsel, jointly move
this Court for an order modifying the February 7, 2014 Case Management Order (“Order”). That
Order provided that discovery was to be completed by October 23, 2014, all motions were to be
submitted that same date, and trial was to begin on December 1, 2014. For the reasons that
follow, the parties jointly request that the Court modify the case management deadlines to
provide for a shorter period for discovery.
As set forth in Wooster’s Complaint and Mr. Pooler’s Counterclaim, this matter seeks a
determination as to the proper meaning and interpretation of certain provisions of Chapter 1173,
Regulations for Wireless Telecommunications Facilities, of the Codified Ordinances of the City
of Wooster. Specifically, Wooster asserts that § 1173.09, Exemption of Certain City Property, of
{01552648 - 1}Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio
its Codified Ordinances exempts certain real property that it owns from other requirements set
forth in Chapter 1173 relative to the installation of a wireless communications tower and related
facilities. (See, e.g., Complaint § 17.) Mr. Pooler asserts that the property in question is not
exempt from the requirements of § 1173.09. (Counterclaim, 36.) In light of these opposing
positions, as well as the limited facts likely to be in dispute, this case would appear to be ripe for
disposition by cross-motions for summary judgment without necessity of a trial on the merits,
The parties have conferred and believe that a discovery period of four months will be
sufficient, after which the parties will be prepared to present cross-motions for summary
judgment to the Court. Therefore, for good cause shown and in the interests of justice, the
parties jointly request that the Court enter an amended Case Management Order that incorporates
the following:
1. Any request to join a new party or to amend a party’s pleadings must be
submitted not later than March 14, 2014.
2. All discovery shall be completed not later than June 30, 2014.
3. Motions for Summary Judgment shall be filed not later than July 14, 2014.
Briefs in Opposition shall be filed not later than July 28, 2014. Reply
Briefs shall be filed not later than August 4, 2014.
4, A pretrial conference to be held in late May or early June 2014.
WHEREFORE, for good cause shown, the parties request that the Court amend the Case
Management Order as set forth above.
{01552648 - 1} 2Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio
Respectfully submitted,
Hon MA. STo@ cox, ee el pp
Lo \ BENS: JASON M. STORCK (Rég. No oon bt J
(Reg. No. 0021968) Storck Law Office Ltd.
Director of Law, City of Wooster Post Office Box 1023
538 North Market Street Wooster, OH 44691
Wooster, OH 44691 Phone: 330-263-0006
Phone: 330-263-5248 Facsimile: 330-263-0009
Facsimile: 330-263-5247 E-mail: jasonstorck@storcklawoffice.com
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, Ohio
{01552648 - 1) 3Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio
CERTIFICATE OF SERVICE
Pursuant to Civil Rule 5(B)(2)(c), I hereby certify that on this af hay of February, 2014,
a true and correct copy of the foregoing was served by 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
A
One of the Attorneys for Plaintiff
{01552648 - 1} 4
Preview
Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio WAYNE COUNTY, wm FEB 27 AM 1C 16 TA NEAL CLERK OF COURTS 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 COREY E. SPITLER Plaintiff, JOINT MOTION TO RESET CASE MANAGEMENT ORDER, WITH v. INCORPORATED MEMORANDUM IN SUPPORT JAMES N. POOLER, Defendant. Plaintiff/Counter-Defendant The City of Wooster, Ohio (“Wooster”), and Defendant/ Counter-Plaintiff James N. Pooler, each by and through its undersigned counsel, jointly move this Court for an order modifying the February 7, 2014 Case Management Order (“Order”). That Order provided that discovery was to be completed by October 23, 2014, all motions were to be submitted that same date, and trial was to begin on December 1, 2014. For the reasons that follow, the parties jointly request that the Court modify the case management deadlines to provide for a shorter period for discovery. As set forth in Wooster’s Complaint and Mr. Pooler’s Counterclaim, this matter seeks a determination as to the proper meaning and interpretation of certain provisions of Chapter 1173, Regulations for Wireless Telecommunications Facilities, of the Codified Ordinances of the City of Wooster. Specifically, Wooster asserts that § 1173.09, Exemption of Certain City Property, of {01552648 - 1}Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio its Codified Ordinances exempts certain real property that it owns from other requirements set forth in Chapter 1173 relative to the installation of a wireless communications tower and related facilities. (See, e.g., Complaint § 17.) Mr. Pooler asserts that the property in question is not exempt from the requirements of § 1173.09. (Counterclaim, 36.) In light of these opposing positions, as well as the limited facts likely to be in dispute, this case would appear to be ripe for disposition by cross-motions for summary judgment without necessity of a trial on the merits, The parties have conferred and believe that a discovery period of four months will be sufficient, after which the parties will be prepared to present cross-motions for summary judgment to the Court. Therefore, for good cause shown and in the interests of justice, the parties jointly request that the Court enter an amended Case Management Order that incorporates the following: 1. Any request to join a new party or to amend a party’s pleadings must be submitted not later than March 14, 2014. 2. All discovery shall be completed not later than June 30, 2014. 3. Motions for Summary Judgment shall be filed not later than July 14, 2014. Briefs in Opposition shall be filed not later than July 28, 2014. Reply Briefs shall be filed not later than August 4, 2014. 4, A pretrial conference to be held in late May or early June 2014. WHEREFORE, for good cause shown, the parties request that the Court amend the Case Management Order as set forth above. {01552648 - 1} 2Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio Respectfully submitted, Hon MA. STo@ cox, ee el pp Lo \ BENS: JASON M. STORCK (Rég. No oon bt J (Reg. No. 0021968) Storck Law Office Ltd. Director of Law, City of Wooster Post Office Box 1023 538 North Market Street Wooster, OH 44691 Wooster, OH 44691 Phone: 330-263-0006 Phone: 330-263-5248 Facsimile: 330-263-0009 Facsimile: 330-263-5247 E-mail: jasonstorck@storcklawoffice.com 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, Ohio {01552648 - 1) 3Filed on 02/27/2014 at 11:05 AM in Wayne County, Ohio CERTIFICATE OF SERVICE Pursuant to Civil Rule 5(B)(2)(c), I hereby certify that on this af hay of February, 2014, a true and correct copy of the foregoing was served by 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 A One of the Attorneys for Plaintiff {01552648 - 1} 4