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CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 1 of 8
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
JOHN DOE, ) CASE NO. CV 2023 02 0558
)
Plaintiff, ) JUDGE SUSAN BAKER ROSS
v. )
) DEFENDANT'S MOTION TO
JANE DOE ) COMPEL
)
Defendant. )
)
Defendant Jane Doe, by and through undersigned counsel, hereby respectfully requests
this Court issue an Order compelling Plaintiff John Doe to respond to Defendant Jane Doe’s
interrogatories and requests for production of documents pursuant to Rule 37 of the Ohio Rules
of Civil Procedure. Defendant propounded written discovery upon the Plaintiff’s counsel on
August 17, 2023. Pursuant to the Rules of Civil Procedure, the responses to the requests were
due by September 14, 2023. The undersigned sent a letter to Plaintiff’s counsel on October 11,
2023, in an attempt to meet and confer, and requested responses to the already overdue discovery
by October 18, 2023. To date, the Plaintiff has not responded to the requests, requested an
extension, or responded to the undersigned’s letter. The Plaintiff’s refusal to participate in
discovery is severely prejudicial to Defendant. The Plaintiff’s discovery responses are required
so that Defendant may investigate and defend against Plaintiff’s various claims. A memorandum
in support and supporting documents are attached hereto and fully incorporated by reference. A
Proposed Order is being filed separately.
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 2 of 8
Respectfully submitted,
/s/Rachel L. Bagnolo
JOSEPH MONROE II (0086540)
RACHEL L. BAGNOLO (0097865)
GALLAGHER SHARP LLP
1215 Superior Avenue, 7th Floor
Cleveland, OH 44114
(216) 241-5310 (Telephone)
(216) 241-1608 (Facsimile)
Email: jmonroe@gallaghersharp.com
rbagnolo@gallaghersharp.com
Attorneys for Defendant Jane Doe
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 3 of 8
MEMORANDUM IN SUPPORT
I. INTRODUCTION
On February 17, 2023, the Plaintiff first filed this case alleging a variety of defamation-
type claims against Defendant Jane Doe. On August 17, 2023, Defendant propounded written
discovery requests upon the Plaintiff. (See Exhibit A, Service Email and Requests.) Defendant’s
discovery requests included interrogatories and requests for production of documents to
investigate the Plaintiff’s claims in his complaint and the Defendant’s defenses to the claims. In
accordance with the Ohio Rules of Civil Procedure, the Plaintiff’s responses to these discovery
requests were due within 28 days of service, or by September 14, 2023. However, the deadline
for the requests for production and interrogatories passed without any response from the
Plaintiff.
Counsel waited an additional month for the overdue responses to allow additional time
for Plaintiff to respond but still received no request for an extension or the responses. The
undersigned counsel attempted to meet and confer with Plaintiff’s counsel over the issue in
satisfaction of the requirement under Civ.R. 37(E) that the parties attempt to resolve discovery
disputes prior to seeking this Court’s involvement. To that end, Defendant’s counsel sent
Plaintiff’s counsel a letter on October 11, 2023. (See Exhibit B, Oct. 11, 2023.) The undersigned
requested the overdue responses by October 18, 2023 and indicated the “letter is intended to
satisfy our obligation pursuant to Ohio Civ.R. 37 to resolve disputes involving discovery without
the need for judicial intervention.” (Id.) In addition, it cautioned that if the undersigned did not
receive the outstanding responses, Defendant would be forced to seek Court intervention. (Id.)
Defendant’s counsel did not receive any communications from Plaintiff’s counsel regarding the
overdue discovery, did not receive any response to the letter, and the responses remain over one
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 4 of 8
month overdue. As a result of the Plaintiff’s total failure to cooperate in the discovery process,
the Defendant now submits this motion seeking an Order compelling the Plaintiff to provide full
and complete responses to the Defendant’s discovery requests within seven days of the Court’s
Order.
II. LAW AND ARGUMENT
A. The Court Should Grant Defendant’s Motion to Compel Discovery
and Order the Plaintiff to Provide Full and Complete Responses to
Defendant’s Discovery Requests.
The Ohio Rules of Civil Procedure describe the process for addressing a party’s failure to
respond to discovery requests:
If…a party fails to answer an interrogatory submitted under Rule 33, or if a party,
in response to a request for inspection submitted under Rule 34, fails to respond
that inspection will be permitted as requested or fails to permit inspection as
requested, the discovering party may move for an order compelling an answer or
an order compelling inspection in accordance with the request.
Ohio Civ. R. 37(A)(2). Invoking the remedies of Ohio Civ. R. 37, the Eighth District routinely
affirms trial court orders compelling discovery when a party fails to answer interrogatories or
produce documents as requested. Estate of Kuzda v. PRF Enterprises, Inc., 8th Dist. Cuyahoga
No. 104961, 2017-Ohio-4185, ¶ 5; Miller v. Plain Dealer Publishing Co., 8th Dist. Cuyahoga
No. 101335, 2015-Ohio-1016, ¶ 7.
Defendant propounded written discovery upon the plaintiff on August 17, 2023.
Plaintiff’s responses to these requests were due in 28 days. See Ohio Civ. R. 33(A)(3); Ohio
Civ. R. 34(B)(1). Plaintiff has failed to respond. Consequently, the Court should grant the
Defendant’s motion to compel discovery and order the Plaintiff to produce responses to
interrogatories and requests for production.
III. CONCLUSION
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 5 of 8
For the reasons set forth above, Defendant Jane Doe respectfully requests that the Court
issue an Order compelling Plaintiff John Doe to fully respond to interrogatories and requests for
production within seven days of the Court’s order.
Respectfully submitted,
/s/Rachel L. Bagnolo
JOSEPH MONROE II (0086540)
RACHEL L. BAGNOLO (0097865)
GALLAGHER SHARP LLP
1215 Superior Avenue, 7th Floor
Cleveland, OH 44114
(216) 241-5310 (Telephone)
(216) 241-1608 (Facsimile)
Email: jmonroe@gallaghersharp.com
rbagnolo@gallaghersharp.com
Attorneys for Defendant Jane Doe
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 6 of 8
CERTIFICATE OF SERVICE
I hereby certify that on October 20, 2023, the foregoing was filed electronically. Notice
of this filing will be sent by operation of the Court’s electronic filing system to all parties
indicated on the electronic filing receipt. All other parties will be served by regular U.S. Mail.
Parties may access this filing through the Court’s system.
/s/ Rachel L. Bagnolo
JOSEPH MONROE II (0086540)
RACHEL L. BAGNOLO 0097865)
GALLAGHER SHARP LLP
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 7 of 8
EXHIBIT
A
From: Bagnolo, Rachel
To: Adam@vanholaw.com
Cc: Frank Mazgaj; Torres, Antonia; Monroe, Joseph; dlester@cruglaw.com; John Doe v_ Isabella Gordon _98937_133070_ 02
Correspondence _98937_133070_ <{F22690237}.GSFN@gsdms.gs.loc>
Subject: John Doe v. Gordon - Discovery Requests [GS-GSFN.FID22690237]
Date: Thursday, August 17, 2023 6:32:28 PM
Attachments: Defendant_s First Set of Interrogatories and Requests for Production of Documents to Plaintiff.DOCX
Defendant_s First Set of Interrogatories and Requests for Production of Documents Directed to Plaint.PDF
Adam,
Please see the attached First Set of Interrogatories and Requests for Production of Documents directed to your
client in both Word format and PDF.
Regards,
Rachel
Gallagher Sharp LLP Rachel L. Bagnolo, Esq.
Associate
Direct: +1.216.522.1372
Email: rbagnolo@gallaghersharp.com
Address: 1215 Superior Avenue, 7th Floor
Cleveland, OH 44114
www.gallaghersharp.com
Confidential Communication
Sandra Kurt, Summit County Clerk of Courts
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 8 of 8
EXHIBIT
B
PLEASE RESPOND TO CLEVELAND OFFICE
Rachel Bagnolo
216.522.1372
rbagnolo@gallaghersharp.com
October 11, 2023
VIA EMAIL:
Adam Vanho
Vanho Law
37 South Main Street, Suite 3
Munroe Falls, OH 44262
Re: John Doe v. Jane Doe
Summit County Court of Common Pleas
Case No. CV 2023 02 0558
Judge Susan Baker Ross
Our File No. 98937-133070
Dear Mr. Vanho:
As you know, our office propounded written interrogatories and requests for production of
documents on behalf of Jane Doe on August 17, 2023. Responses to these discovery requests
were due within 28 days, on or before September 14, 2023.
To date, we have not received any responses to the outstanding discovery requests. These are
nearly one month overdue. We cannot prepare a meaningful defense until we receive your
client’s responses to these discovery requests. To that end, please forward your client’s
responses to the interrogatories and requests for production within the next seven (7) days, on or
before October 18, 2023.
This letter is intended to satisfy our obligations pursuant to Ohio Civ. R. 37 to resolve disputes
involving discovery without the need for judicial intervention. If we do not receive your clients’
responses to the outstanding discovery requests, however, we will need to seek all available
relief from the Court, including, but not limited to fees and costs incurred in connection with
such a request. We trust and hope that such action will not be necessary.
We appreciate your responsiveness in this regard. Of course, should you have any questions or
wish to discuss this matter further, please do not hesitate to contact us.
Very truly yours,
Rachel Bagnolo
Sandra Kurt, Summit County Clerk of Courts
Preview
CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 1 of 8 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO JOHN DOE, ) CASE NO. CV 2023 02 0558 ) Plaintiff, ) JUDGE SUSAN BAKER ROSS v. ) ) DEFENDANT'S MOTION TO JANE DOE ) COMPEL ) Defendant. ) ) Defendant Jane Doe, by and through undersigned counsel, hereby respectfully requests this Court issue an Order compelling Plaintiff John Doe to respond to Defendant Jane Doe’s interrogatories and requests for production of documents pursuant to Rule 37 of the Ohio Rules of Civil Procedure. Defendant propounded written discovery upon the Plaintiff’s counsel on August 17, 2023. Pursuant to the Rules of Civil Procedure, the responses to the requests were due by September 14, 2023. The undersigned sent a letter to Plaintiff’s counsel on October 11, 2023, in an attempt to meet and confer, and requested responses to the already overdue discovery by October 18, 2023. To date, the Plaintiff has not responded to the requests, requested an extension, or responded to the undersigned’s letter. The Plaintiff’s refusal to participate in discovery is severely prejudicial to Defendant. The Plaintiff’s discovery responses are required so that Defendant may investigate and defend against Plaintiff’s various claims. A memorandum in support and supporting documents are attached hereto and fully incorporated by reference. A Proposed Order is being filed separately. Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 2 of 8 Respectfully submitted, /s/Rachel L. Bagnolo JOSEPH MONROE II (0086540) RACHEL L. BAGNOLO (0097865) GALLAGHER SHARP LLP 1215 Superior Avenue, 7th Floor Cleveland, OH 44114 (216) 241-5310 (Telephone) (216) 241-1608 (Facsimile) Email: jmonroe@gallaghersharp.com rbagnolo@gallaghersharp.com Attorneys for Defendant Jane Doe Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 3 of 8 MEMORANDUM IN SUPPORT I. INTRODUCTION On February 17, 2023, the Plaintiff first filed this case alleging a variety of defamation- type claims against Defendant Jane Doe. On August 17, 2023, Defendant propounded written discovery requests upon the Plaintiff. (See Exhibit A, Service Email and Requests.) Defendant’s discovery requests included interrogatories and requests for production of documents to investigate the Plaintiff’s claims in his complaint and the Defendant’s defenses to the claims. In accordance with the Ohio Rules of Civil Procedure, the Plaintiff’s responses to these discovery requests were due within 28 days of service, or by September 14, 2023. However, the deadline for the requests for production and interrogatories passed without any response from the Plaintiff. Counsel waited an additional month for the overdue responses to allow additional time for Plaintiff to respond but still received no request for an extension or the responses. The undersigned counsel attempted to meet and confer with Plaintiff’s counsel over the issue in satisfaction of the requirement under Civ.R. 37(E) that the parties attempt to resolve discovery disputes prior to seeking this Court’s involvement. To that end, Defendant’s counsel sent Plaintiff’s counsel a letter on October 11, 2023. (See Exhibit B, Oct. 11, 2023.) The undersigned requested the overdue responses by October 18, 2023 and indicated the “letter is intended to satisfy our obligation pursuant to Ohio Civ.R. 37 to resolve disputes involving discovery without the need for judicial intervention.” (Id.) In addition, it cautioned that if the undersigned did not receive the outstanding responses, Defendant would be forced to seek Court intervention. (Id.) Defendant’s counsel did not receive any communications from Plaintiff’s counsel regarding the overdue discovery, did not receive any response to the letter, and the responses remain over one Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 4 of 8 month overdue. As a result of the Plaintiff’s total failure to cooperate in the discovery process, the Defendant now submits this motion seeking an Order compelling the Plaintiff to provide full and complete responses to the Defendant’s discovery requests within seven days of the Court’s Order. II. LAW AND ARGUMENT A. The Court Should Grant Defendant’s Motion to Compel Discovery and Order the Plaintiff to Provide Full and Complete Responses to Defendant’s Discovery Requests. The Ohio Rules of Civil Procedure describe the process for addressing a party’s failure to respond to discovery requests: If…a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer or an order compelling inspection in accordance with the request. Ohio Civ. R. 37(A)(2). Invoking the remedies of Ohio Civ. R. 37, the Eighth District routinely affirms trial court orders compelling discovery when a party fails to answer interrogatories or produce documents as requested. Estate of Kuzda v. PRF Enterprises, Inc., 8th Dist. Cuyahoga No. 104961, 2017-Ohio-4185, ¶ 5; Miller v. Plain Dealer Publishing Co., 8th Dist. Cuyahoga No. 101335, 2015-Ohio-1016, ¶ 7. Defendant propounded written discovery upon the plaintiff on August 17, 2023. Plaintiff’s responses to these requests were due in 28 days. See Ohio Civ. R. 33(A)(3); Ohio Civ. R. 34(B)(1). Plaintiff has failed to respond. Consequently, the Court should grant the Defendant’s motion to compel discovery and order the Plaintiff to produce responses to interrogatories and requests for production. III. CONCLUSION Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 5 of 8 For the reasons set forth above, Defendant Jane Doe respectfully requests that the Court issue an Order compelling Plaintiff John Doe to fully respond to interrogatories and requests for production within seven days of the Court’s order. Respectfully submitted, /s/Rachel L. Bagnolo JOSEPH MONROE II (0086540) RACHEL L. BAGNOLO (0097865) GALLAGHER SHARP LLP 1215 Superior Avenue, 7th Floor Cleveland, OH 44114 (216) 241-5310 (Telephone) (216) 241-1608 (Facsimile) Email: jmonroe@gallaghersharp.com rbagnolo@gallaghersharp.com Attorneys for Defendant Jane Doe Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 6 of 8 CERTIFICATE OF SERVICE I hereby certify that on October 20, 2023, the foregoing was filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. Mail. Parties may access this filing through the Court’s system. /s/ Rachel L. Bagnolo JOSEPH MONROE II (0086540) RACHEL L. BAGNOLO 0097865) GALLAGHER SHARP LLP Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 7 of 8 EXHIBIT A From: Bagnolo, Rachel To: Adam@vanholaw.com Cc: Frank Mazgaj; Torres, Antonia; Monroe, Joseph; dlester@cruglaw.com; John Doe v_ Isabella Gordon _98937_133070_ 02 Correspondence _98937_133070_ <{F22690237}.GSFN@gsdms.gs.loc> Subject: John Doe v. Gordon - Discovery Requests [GS-GSFN.FID22690237] Date: Thursday, August 17, 2023 6:32:28 PM Attachments: Defendant_s First Set of Interrogatories and Requests for Production of Documents to Plaintiff.DOCX Defendant_s First Set of Interrogatories and Requests for Production of Documents Directed to Plaint.PDF Adam, Please see the attached First Set of Interrogatories and Requests for Production of Documents directed to your client in both Word format and PDF. Regards, Rachel Gallagher Sharp LLP Rachel L. Bagnolo, Esq. Associate Direct: +1.216.522.1372 Email: rbagnolo@gallaghersharp.com Address: 1215 Superior Avenue, 7th Floor Cleveland, OH 44114 www.gallaghersharp.com Confidential Communication Sandra Kurt, Summit County Clerk of Courts CV-2023-02-0558 BAKER ROSS, SUSAN 10/20/2023 15:18:44 PM MTCD Page 8 of 8 EXHIBIT B PLEASE RESPOND TO CLEVELAND OFFICE Rachel Bagnolo 216.522.1372 rbagnolo@gallaghersharp.com October 11, 2023 VIA EMAIL: Adam Vanho Vanho Law 37 South Main Street, Suite 3 Munroe Falls, OH 44262 Re: John Doe v. Jane Doe Summit County Court of Common Pleas Case No. CV 2023 02 0558 Judge Susan Baker Ross Our File No. 98937-133070 Dear Mr. Vanho: As you know, our office propounded written interrogatories and requests for production of documents on behalf of Jane Doe on August 17, 2023. Responses to these discovery requests were due within 28 days, on or before September 14, 2023. To date, we have not received any responses to the outstanding discovery requests. These are nearly one month overdue. We cannot prepare a meaningful defense until we receive your client’s responses to these discovery requests. To that end, please forward your client’s responses to the interrogatories and requests for production within the next seven (7) days, on or before October 18, 2023. This letter is intended to satisfy our obligations pursuant to Ohio Civ. R. 37 to resolve disputes involving discovery without the need for judicial intervention. If we do not receive your clients’ responses to the outstanding discovery requests, however, we will need to seek all available relief from the Court, including, but not limited to fees and costs incurred in connection with such a request. We trust and hope that such action will not be necessary. We appreciate your responsiveness in this regard. Of course, should you have any questions or wish to discuss this matter further, please do not hesitate to contact us. Very truly yours, Rachel Bagnolo Sandra Kurt, Summit County Clerk of Courts