Document for ATLANTIC TOOL & DIE COMPANY, ET AL. vs. MICHAEL MEHWALD, ET AL.

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                                139059389
139059389


                           IN THE COURT OF COMMON PLEAS                                   FILED
                               CUYAHOGA COUNTY, OHIO
                                                                                         FEB XT.2023
 Atlantic Tool and                             )    Case No. CV-22-961394
                                                                                          Clerk of Courts
 Die Company, et al.,                          )                                       Cuyahoga County, Ohio
                                               )    Judge David T. Matia
                Plaintiffs,                    )
                                               )    UNOPPOSED JOINT MOTION OF
        vs.                                    )    DEFENDANTS FOR AN
                                               )    EXTENSION OF TIME TO FILE
 Michael Mehwald, et al.,                      )    REPLIES IN SUPPORT OF
                                               )    DISPOSITIVE MOTIONS
                Defendants.                    )


       Now come Defendants, John Kim, Esq. and the law firm Kim & Associates, LLC

(collectively the “Kim Defendants”); John Harrison, Franklin Hickman, and Hickman and Lowder

Co., LPA (collectively the “Hickman Defendants”); Patrick Moore, Matthew Gomes and

Weinberg, Wheeler, Hudgins, Gunn & Dial (collectively “WWHGD”), Albert Salvatore, Robert

Blackham. and Roetzel & Andress, LPA (collectively the “Roetzel Defendants”); and Defendants

Michael Mehwald (“Mehwald”) and Daniel Prugar (“Prugar”), and hereby jointly and respectfully

request an extension of time within which to file their respective reply briefs in support of

dispositive motions.

       Between October 31, 2022, and November 7, 2022, the above referenced defendants filed

dispositive motions seeking dismissal of all claims. On January 18, 2023, this Honorable Court

ruled that Plaintiffs must file their responses to defendants’ motions on or before February 1,2023.

On February 1,2023, Plaintiffs fully responded only to the Connick Law defendants’ Motion for

Judgment on the Pleadings. Also on February 1,2023, Plaintiffs admitted they partially responded

to the remaining defendants dispositive motions and filed a Motion for Leave to File Amended

Briefs in opposition thereto. Accordingly, as of this writing, the above-named defendants do not
know with certainty as to whether Plaintiffs’ arguments in opposition to their motions are

complete.

         The above referenced defendants respectfully request a thirty (30) day extension from the

time this Honorable Court either denies Plaintiffs’ Motion for Leave to Amend,1 or from the date

Plaintiffs’ briefing is complete, whichever occurs latter. On February 7, 2023, Plaintiffs’ counsel

consented to this requested extension of time, thus no party will be prejudiced by the granting of

this motion.    Accordingly, in consideration of all the foregoing, the above-named defendants

respectfully request a 30-day extension from the date that this Honorable Court denies Plaintiffs’

Motion for Leave to Amend, or from the date Plaintiffs’ briefing is complete, whichever occurs

later.

                                                      Respectfully Submitted:

/s/ Audrey K. Bentz______                                      Zs/ Edward A. Proctor_________
STEVEN G. JANIK (0021934)                                      Edward A. Proctor (069877)
AUDREY K. BENTZ (0081361)                                      KIM & ASSOCIATES LLC
JANIK L.L.P.                                                   4100 Embassy Parkway, Suite 200
9200 South Hills Boulevard, Suite 300                          Akron, Ohio 44333-1783
Cleveland, Ohio 44147-3521                                     Telephone: 330.396.7900
(440) 838-7600 • Fax (440) 838-7601                            Facsimile: 330.396.7901
Email: Steven.Janik@Janiklaw.com                               Email: eproctor@kimassociateslaw.com
       Audrey.Bentz@Janiklaw.com                                Attorney for the Kim Defendants
Attorneys for Defendant Michael Mehwald
and Daniel Prugar

/s/ Matthew J. Cavanagh                        ZsZ Sean P. Malone______
Matthew J. Cavnagh (0079522)                   Sean P. Malone (0079465)
McDonald Hopkins LLC                           Malone Law, LLC
600 Superior Ave., East, Ste. 2100             The Terminal Tower, Suite 2210
Cleveland, Ohio 44114                          50 Public Square
Telephone: (216)348-5400                       Cleveland, Ohio 44113
Facsimile: (216)348-5474                       Telephone: (216)861-5511
Email: mcavanagh@mcdonaldhopkins.com           Facsimile: (216)861-0211
Attorney for Patrick Moore, Matthew Gomes,     Attorney for Hickman Lowder Defendants
And Weinberg, Wheller, Hudgins, Gunn & Dial, LLC

1 It is anticipated that some defendants will be opposing Plaintiffs’ Motion for Leave to Amend its Briefing. However,
those oppositions are not due until February 14, 2023.

                                                          2
/s/ David Landman______
David Landman (00828887)
Ulmer & Berne, LLP
Skylight Office Tower
1660 West 2nd Street - Suite 1100
Cleveland, Ohio 44113-1448
Telephone: (216)583-7000
Facsimile: (216)583-7001
Email: mcavanagh@mcdonaldhopkins.com
Attorney for the Roetzel Defendants.




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                                  CERTIFICATE OF SERVICE

       This is to certify that on this 7th day of February 2023, a copy of the foregoing was filed

electronically. Notice of this filing will be sent to all parties by operation of the Court’s electronic

filing system. A copy of the foregoing also has been served via electronic mail upon the following:

Jay Milano
Kate Pruchnicki
Milano Attorneys & Counselors at Law
Milano Law Building
2639 Wooster Road
Rocky River, Ohio 44116
im@milanolaw.com
kp@milanolaw.com

Attorneys for Plaintiffs



                                                        /s/ Edward A. Proctor______________
                                                        Edward A. Proctor (069877)




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