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e-filed on 01/21/2021 02:38 PM in Wayne County, Ohio
IN THE COURT OF COMMON PLEAS
WAYNE, COUNTY, OHIO
RLMRLB, LLC, et al.,
Plaintiffs, Case No. 2020 CVC-H 000381
ve Judge Mark K. Wiest
STATE OF OHIO, et al.,
Defendants.
NOTICE OF DEFICIENT SERVICE
Plaintiffs have failed to properly effectuate service of process on State of Ohio. Plaintiffs
filed this action on November 30, 2020, and certified mail service was issued, as set forth on the
face of the complaint to, the Ohio Secretary of State. However, under Rule 4.2(K) of the Ohio
Rules of Civil Procedure, service upon the “state or any one of its departments, offices, and
institutions as defined in division (C) of section 121.01 of the Revised Code . . ., [must be made]
by serving the officer responsible for the administration of the department, office or institution or
by serving the attorney general of the state.” Service upon the Secretary of State does not
accomplish satisfy this Rule.
Accordingly, Plaintiffs failed to serve the State of Ohio in the manner specifically
required under the Civil Rules and the purported service is ineffective. Indeed, the Attorney
General learned of the filing of this action upon service of Defendant County of Wayne’s service
answer.
In lieu of filing a motion to dismiss for lack ofservice, the State of Ohio hereby stipulates
to the service of the complaint and summons, effective on January 20, 2021, and thus the State
will move or plead in response to the complaint on or before February 17, 2021.
Respectfully submitted,
DAVE YOST, Ohio Attorney General
/s/ Marion H. Little, Jr.
John W. Zeiger (0010707)
Marion H. Little, Jr. (0042679)
SPECIAL COUNSEL
ZEIGER, TIGGES & LITTLE tip
3500 Huntington Center
41 S. High Street
Columbus, Ohio 43215
Telephone: (614) 365-9900
Facsimile: (614) 365-7900
zeiger@litohio.com
little@litohio.com
Counsel for Defendant State of Ohio
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 21“ day of January, 2021, a true and correct
copy of the foregoing was served via email upon the following:
William D. Landers, Esq. Marshal M. Pitchford, Esq.
Bradford & Landers Kathryn A. Vadas, Esq.
20 W. Ohio Avenue, P.O. Box 398 209 S. Main Street, Third Floor
Rittman, OH 44270-0398 Akron, OH 44313
bradfordlanders@ohio.net mpitchford@dpylaw.con
kvadas@dpylaw.com
Attorneys for Plaintiffs
Attorneys for Defendant
County of Wayne
Jamie L.C. Pience, Esq.
County of Wayne Board of Commissioners
428 W. Liberty Street
Wooster, OH 44691
jpience@swayneohio.org
/s/ Marion H. Little, Jr.
Marion H. Little, Jr. (0042679)
1230-013:889480,
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e-filed on 01/21/2021 02:38 PM in Wayne County, Ohio IN THE COURT OF COMMON PLEAS WAYNE, COUNTY, OHIO RLMRLB, LLC, et al., Plaintiffs, Case No. 2020 CVC-H 000381 ve Judge Mark K. Wiest STATE OF OHIO, et al., Defendants. NOTICE OF DEFICIENT SERVICE Plaintiffs have failed to properly effectuate service of process on State of Ohio. Plaintiffs filed this action on November 30, 2020, and certified mail service was issued, as set forth on the face of the complaint to, the Ohio Secretary of State. However, under Rule 4.2(K) of the Ohio Rules of Civil Procedure, service upon the “state or any one of its departments, offices, and institutions as defined in division (C) of section 121.01 of the Revised Code . . ., [must be made] by serving the officer responsible for the administration of the department, office or institution or by serving the attorney general of the state.” Service upon the Secretary of State does not accomplish satisfy this Rule. Accordingly, Plaintiffs failed to serve the State of Ohio in the manner specifically required under the Civil Rules and the purported service is ineffective. Indeed, the Attorney General learned of the filing of this action upon service of Defendant County of Wayne’s service answer. In lieu of filing a motion to dismiss for lack ofservice, the State of Ohio hereby stipulates to the service of the complaint and summons, effective on January 20, 2021, and thus the State will move or plead in response to the complaint on or before February 17, 2021. Respectfully submitted, DAVE YOST, Ohio Attorney General /s/ Marion H. Little, Jr. John W. Zeiger (0010707) Marion H. Little, Jr. (0042679) SPECIAL COUNSEL ZEIGER, TIGGES & LITTLE tip 3500 Huntington Center 41 S. High Street Columbus, Ohio 43215 Telephone: (614) 365-9900 Facsimile: (614) 365-7900 zeiger@litohio.com little@litohio.com Counsel for Defendant State of Ohio CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 21“ day of January, 2021, a true and correct copy of the foregoing was served via email upon the following: William D. Landers, Esq. Marshal M. Pitchford, Esq. Bradford & Landers Kathryn A. Vadas, Esq. 20 W. Ohio Avenue, P.O. Box 398 209 S. Main Street, Third Floor Rittman, OH 44270-0398 Akron, OH 44313 bradfordlanders@ohio.net mpitchford@dpylaw.con kvadas@dpylaw.com Attorneys for Plaintiffs Attorneys for Defendant County of Wayne Jamie L.C. Pience, Esq. County of Wayne Board of Commissioners 428 W. Liberty Street Wooster, OH 44691 jpience@swayneohio.org /s/ Marion H. Little, Jr. Marion H. Little, Jr. (0042679) 1230-013:889480,