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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693
0G306 - S6
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Michael Isreal,
Case No. 22 CV 5693
Plaintiff,
Vv. Judge David C. Young
Anthony Kelly, ef al.,
Defendants.
Entry
This case is before the on the following filing
-MOTION TO AMEND PLEADING TO JOIN THE ABOVE PARTIES TO THE
LAWSUIT
-MOTION TO ADD THE LEFT CLAIMS ON JANUARY 25, 2023 LISTED BELOW- [sic]
This filing was made on January 26, 2023. Defendants filed a Brief in Opposition on February 9,
2023. Plaintiff then filed a reply, titled Memorandum Contra, on February 16, 2023. On February
17, 2023, Plaintiff then filed another reply, also titled Memorandum Contra.!
Plaintiff moves to amend the complaint to add new parties and claims. Under Civ.R. 15(A),
a plaintiff may amend a complaint, without leave, as a matter of course within “(1) 28 days of
service of the complaint, or (2) the earlier of 28 days of service of (a) a responsive pleading or (b)
a motion to dismiss, to strike, or for a more definite statement.” Hunter v. Shield, 10th Dist
Franklin No. 18AP-244, 2019-Ohio-1422, § 13. Thereafter, “a party may amend its pleading only
with the opposing party’s written consent or the court’s leave. The court shall freely give leave
when justice so requires.” Civ.R. 15(A).
! This filing was inappropriately docketed by the Clerk of Courts as a motion. Because this is not a motion, it will be
released to clear the docket.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693
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Whether to grant a motion for leave to amend pleadings is within the discretion of the trial
court. McDonald y. Abdella, 10th Dist. Franklin Nos. 17AP-887, 17AP-888, 2018-Ohio-4125,
10. The language of Civ.R. 15(A) favors a liberal amendment policy. /d. A motion for leave to
amend pleadings should be granted absent a showing of bad faith, undue delay, or undue prejudice
to the opposing party. /d. Generally, timeliness alone is an insufficient reason to deny leave to
amend. /d. “[T]he primary consideration is whether there is actual prejudice to the defendants
because of the delay.” /d. The trial court may deny a motion to amend pleadings if the moving
party fails to make a prima facie showing of support for the new matters sought to be pleaded. /d.
This request untimely. This is a re-filed case. This action was re-filed on August 17, 2022.
Plaintiff then waited over five months to move for leave to amend. Plaintiff argues that the
endment is based on newly discovered evidence. However, upon review, Plaintiff was aware
of the facts underlying the amendment at the time he filed his original complaint in Franklin
County Municipal Court.
Allowing Plaintiff to amend this re-filed case, based upon information known when the
original case was filed, would cause undue delay. Pleadings would need to be re-opened and
additional discovery would be required. The dates in the Case Schedule would also require a
substantial continuance to accommodate the new parties and claims. Because this request is
untimely and will cause undue delay, the defendants will suffer actual prejudice if the request is
granted.
Further, upon review, Plaintiff has failed to make a prima facie showing of support for the
new matters sought to be pled. Defendants arguments were persuasive. Plaintiff does not allege
facts sufficient to support a claim for lost wages when he was not employed by Defendants.
Further, his claim for pain and suffering would require an expert witness, and he failed to disclose
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693
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an expert. It is also unclear what causes of action would be pled against the new party defendants.
Plaintiff failed to address these shortcomings in the replies”
Based on the foregoing, the Motion seeking to amend the complaint, filed January 26,
2023, is hereby DENIED.
IT IS SO ORDERED.
To the Clerk of Courts: ordinary mail service shall issue to: Michael Isreal
Copies electronically to Defendants’ counsel.
? The February 17, 2023 reply was filed without leave. Plaintiff is put on notice that future filings that are untimely
and made without leave may be sua sponte stricken or disregarded.
3
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693
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Franklin County Court of Common Pleas
Date: 03-16-2023
Case Title: MICHAEL ISREAL -VS- ANTHONY KELLY ET AL
Case Number: 22CV005693
Type: ENTRY
It Is So Ordered.
o fo Es
a a
/s/ Judge David C. Young
Electronically signed on 2023-Mar-16 page 4 of 4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693
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Court Disposition
Case Number: 22CV005693
Case Style: MICHAEL ISREAL -VS- ANTHONY KELLY ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 22CV0056932023-01 -2699980000
Document Title: 01-26-2023-MOTION TO AMEND - PLAINTIFF:
MICHAEL ISREAL
Disposition: MOTION DENIED
2. Motion CMS Document Id: 22CV0056932023-02- 1799980000
Document Title: 02-17-2023-MOTION TO AMEND - PLAINTIFF:
MICHAEL ISREAL
Disposition: MOTION RELEASED TO CLEAR DOCKET
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693 0G306 - S6 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Michael Isreal, Case No. 22 CV 5693 Plaintiff, Vv. Judge David C. Young Anthony Kelly, ef al., Defendants. Entry This case is before the on the following filing -MOTION TO AMEND PLEADING TO JOIN THE ABOVE PARTIES TO THE LAWSUIT -MOTION TO ADD THE LEFT CLAIMS ON JANUARY 25, 2023 LISTED BELOW- [sic] This filing was made on January 26, 2023. Defendants filed a Brief in Opposition on February 9, 2023. Plaintiff then filed a reply, titled Memorandum Contra, on February 16, 2023. On February 17, 2023, Plaintiff then filed another reply, also titled Memorandum Contra.! Plaintiff moves to amend the complaint to add new parties and claims. Under Civ.R. 15(A), a plaintiff may amend a complaint, without leave, as a matter of course within “(1) 28 days of service of the complaint, or (2) the earlier of 28 days of service of (a) a responsive pleading or (b) a motion to dismiss, to strike, or for a more definite statement.” Hunter v. Shield, 10th Dist Franklin No. 18AP-244, 2019-Ohio-1422, § 13. Thereafter, “a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court shall freely give leave when justice so requires.” Civ.R. 15(A). ! This filing was inappropriately docketed by the Clerk of Courts as a motion. Because this is not a motion, it will be released to clear the docket. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693 0G306 - S6 Whether to grant a motion for leave to amend pleadings is within the discretion of the trial court. McDonald y. Abdella, 10th Dist. Franklin Nos. 17AP-887, 17AP-888, 2018-Ohio-4125, 10. The language of Civ.R. 15(A) favors a liberal amendment policy. /d. A motion for leave to amend pleadings should be granted absent a showing of bad faith, undue delay, or undue prejudice to the opposing party. /d. Generally, timeliness alone is an insufficient reason to deny leave to amend. /d. “[T]he primary consideration is whether there is actual prejudice to the defendants because of the delay.” /d. The trial court may deny a motion to amend pleadings if the moving party fails to make a prima facie showing of support for the new matters sought to be pleaded. /d. This request untimely. This is a re-filed case. This action was re-filed on August 17, 2022. Plaintiff then waited over five months to move for leave to amend. Plaintiff argues that the endment is based on newly discovered evidence. However, upon review, Plaintiff was aware of the facts underlying the amendment at the time he filed his original complaint in Franklin County Municipal Court. Allowing Plaintiff to amend this re-filed case, based upon information known when the original case was filed, would cause undue delay. Pleadings would need to be re-opened and additional discovery would be required. The dates in the Case Schedule would also require a substantial continuance to accommodate the new parties and claims. Because this request is untimely and will cause undue delay, the defendants will suffer actual prejudice if the request is granted. Further, upon review, Plaintiff has failed to make a prima facie showing of support for the new matters sought to be pled. Defendants arguments were persuasive. Plaintiff does not allege facts sufficient to support a claim for lost wages when he was not employed by Defendants. Further, his claim for pain and suffering would require an expert witness, and he failed to disclose Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693 0G306 - S6é an expert. It is also unclear what causes of action would be pled against the new party defendants. Plaintiff failed to address these shortcomings in the replies” Based on the foregoing, the Motion seeking to amend the complaint, filed January 26, 2023, is hereby DENIED. IT IS SO ORDERED. To the Clerk of Courts: ordinary mail service shall issue to: Michael Isreal Copies electronically to Defendants’ counsel. ? The February 17, 2023 reply was filed without leave. Plaintiff is put on notice that future filings that are untimely and made without leave may be sua sponte stricken or disregarded. 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693 0G306 - S6é Franklin County Court of Common Pleas Date: 03-16-2023 Case Title: MICHAEL ISREAL -VS- ANTHONY KELLY ET AL Case Number: 22CV005693 Type: ENTRY It Is So Ordered. o fo Es a a /s/ Judge David C. Young Electronically signed on 2023-Mar-16 page 4 of 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 16 9:11 AM-22CV005693 0G306 - S6é Court Disposition Case Number: 22CV005693 Case Style: MICHAEL ISREAL -VS- ANTHONY KELLY ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 22CV0056932023-01 -2699980000 Document Title: 01-26-2023-MOTION TO AMEND - PLAINTIFF: MICHAEL ISREAL Disposition: MOTION DENIED 2. Motion CMS Document Id: 22CV0056932023-02- 1799980000 Document Title: 02-17-2023-MOTION TO AMEND - PLAINTIFF: MICHAEL ISREAL Disposition: MOTION RELEASED TO CLEAR DOCKET