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CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
NORDONIA LANDSCAPE SUPPLIERS, LLC ) CASE NO. CV 2019-01-0254
)
Plaintiff, )
) JUDGE SUSAN BAKER ROSS
vs. )
)
CITY OF AKRON, OHIO ) PLAINTIFF’S PRETRIAL
) STATEMENT
Defendant. )
Now comes the Plaintiff, Nordonia Landscape Suppliers, LLC (“NLS”) by and
through its undersigned counsel, and hereby submits its Pretrial Statement for this court’s
consideration at the pretrial set for July 9, 2019, at 3:00 p.m.
I. STATEMENT OF FACTS
NLS is an Ohio limited liability company owned and operated by Christopher D.Posey
(“Posey”) that sells road salt to municipal governments and commercially in Ohio. In August
2018, NLS purchased 24,000 tons of road salt. By September NLS had 10,000 tons remaining
after selling road salt to multiple cities and commercially in Northeast Ohio. In late September
2018, Kim Herron (“Herron”), the City of Akron’s purchasing agent, called Posey asking about
purchasing 25,000 tons of salt from NLS. Posey told Herron he could hold 10,000 tons for the
City but would need to bring in a second vessel for the remaining 15,000.
On September 28, 2018, Herron sent Posey a request for quotation for 25,000 tons of
road salt. On October 1, 2018, Posey sent two quotes to Herron via email: one for the10,000
currently on hold and one for the 15,000 to be sent by a second vessel. The quotes provided the
City an option to have NLS deliver the road salt to their facilities at price per ton. On October 2,
2018, Posey asked Herron if the City will commit to purchasing salt from him, otherwise he
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Sandra Kurt, Summit County Clerk of Courts
CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 2 of 4
would have to release the 10,000 tons of road salt to other cities and townships. Herron
responded by asking Posey to hold off until she spoke to the City’s Public Works manager Jim
Hall at 10:00 AM. Posey agreed to wait until noon. At 11:51 PM, Herron emailed Posey saying,
“we will take it.”
At 4:05 PM, Herron asked Posey why the two quotes he sent her had different prices.
Posey called Herron and explained to her that the second quote for 15,000 had a higher price
than the first due to him having to order the salt from Egypt during a period of higher demand.
On October 5, 2018 at 8:04 AM, Herron sent Posey an email with an attached signed and dated
quote for the first 10,000 tons of road salt. Between October 5, 2018 and October 31, 2018,
Posey called Herron multiple times to check the status of payment. She did not pick up the phone
or call back. On October 31, 2018, Posey finally talked to Herron who told him the City no
longer wanted the salt. Posey asked for Herron to put that statement in writing so he could sell
the salt elsewhere, but she refused. Thereafter, the City refused to provide a written release of
contract or statement saying NLS had no contractual duty to the City so it could sell its salt.
After failing to get the City to clearly state in writing that the contract was cancelled or void,
NLS sold the 10,000 tons of road salt in mid-December. It received a price $20.00 lower per ton
than the City agreed to. This was due to a lowered demand for road salt due to unseasonably
warm weather in December. Furthermore, NLS purchased two dump trucks in anticipation of the
contract which are now idle.
II. ISSUES OF FACT
• Market-price of road salt at the time reasonable reliance ended
III. ISSUES OF LAW
• Did the City promise to purchase road salt from NLS?
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Sandra Kurt, Summit County Clerk of Courts
CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 3 of 4
• Did NLS reasonably rely on the City’s promise and if so when did that reliance end?
IV. DAMAGES
NLS’s reliance damages equal the difference in price between the contract price and the
market price of road salt when NLS’s reasonable reliance ended plus the costs associated
with the idle dump trucks purchased in reliance.
V. MEDICAL EXAMINATION
N/A
VI. DEPOSITIONS
NLS would likely depose Jim Hall and Kim Herron.
VII. EXPERT WITNESSES
An expert in the road salt industry may be necessary to establish reasonable reliance
and market price of road salt at a given time. No expert witnesses are currently
identified.
VIII. LAY WITNESSES
NLS would likely call Christopher Posey, Jim Hall, and Kim Herron.
Respectfully Submitted,
/s/Logan Trombley
Logan Trombely (0096858)
Warner D. Mendenhall (0070165)
190 North Union St., Suite 201
Akron, OH 44304
330.535.9160
fax330.762.9743
warner@warnermendenhall.com
logan@ warnermendenhall.com
Attorney for Plaintiff
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Sandra Kurt, Summit County Clerk of Courts
CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on July 8, 2019, the foregoing was filed via the Summit County Clerk of
Court’s eFile system, which shall send notifications of this filing to the following:
David Honig
Brian D. Bremer
Assistant Directors of Law
161 S. High St., Suite 202
Akron, Ohio 44308
(330) 375-2030: (330) 375-2041 (fax)
dhonig@akronohio.gov
bbremer@akronohio.gov
/s/Logan Trombley
Logan Trombely (0096858)
4
Sandra Kurt, Summit County Clerk of Courts
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CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO NORDONIA LANDSCAPE SUPPLIERS, LLC ) CASE NO. CV 2019-01-0254 ) Plaintiff, ) ) JUDGE SUSAN BAKER ROSS vs. ) ) CITY OF AKRON, OHIO ) PLAINTIFF’S PRETRIAL ) STATEMENT Defendant. ) Now comes the Plaintiff, Nordonia Landscape Suppliers, LLC (“NLS”) by and through its undersigned counsel, and hereby submits its Pretrial Statement for this court’s consideration at the pretrial set for July 9, 2019, at 3:00 p.m. I. STATEMENT OF FACTS NLS is an Ohio limited liability company owned and operated by Christopher D.Posey (“Posey”) that sells road salt to municipal governments and commercially in Ohio. In August 2018, NLS purchased 24,000 tons of road salt. By September NLS had 10,000 tons remaining after selling road salt to multiple cities and commercially in Northeast Ohio. In late September 2018, Kim Herron (“Herron”), the City of Akron’s purchasing agent, called Posey asking about purchasing 25,000 tons of salt from NLS. Posey told Herron he could hold 10,000 tons for the City but would need to bring in a second vessel for the remaining 15,000. On September 28, 2018, Herron sent Posey a request for quotation for 25,000 tons of road salt. On October 1, 2018, Posey sent two quotes to Herron via email: one for the10,000 currently on hold and one for the 15,000 to be sent by a second vessel. The quotes provided the City an option to have NLS deliver the road salt to their facilities at price per ton. On October 2, 2018, Posey asked Herron if the City will commit to purchasing salt from him, otherwise he 1 Sandra Kurt, Summit County Clerk of Courts CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 2 of 4 would have to release the 10,000 tons of road salt to other cities and townships. Herron responded by asking Posey to hold off until she spoke to the City’s Public Works manager Jim Hall at 10:00 AM. Posey agreed to wait until noon. At 11:51 PM, Herron emailed Posey saying, “we will take it.” At 4:05 PM, Herron asked Posey why the two quotes he sent her had different prices. Posey called Herron and explained to her that the second quote for 15,000 had a higher price than the first due to him having to order the salt from Egypt during a period of higher demand. On October 5, 2018 at 8:04 AM, Herron sent Posey an email with an attached signed and dated quote for the first 10,000 tons of road salt. Between October 5, 2018 and October 31, 2018, Posey called Herron multiple times to check the status of payment. She did not pick up the phone or call back. On October 31, 2018, Posey finally talked to Herron who told him the City no longer wanted the salt. Posey asked for Herron to put that statement in writing so he could sell the salt elsewhere, but she refused. Thereafter, the City refused to provide a written release of contract or statement saying NLS had no contractual duty to the City so it could sell its salt. After failing to get the City to clearly state in writing that the contract was cancelled or void, NLS sold the 10,000 tons of road salt in mid-December. It received a price $20.00 lower per ton than the City agreed to. This was due to a lowered demand for road salt due to unseasonably warm weather in December. Furthermore, NLS purchased two dump trucks in anticipation of the contract which are now idle. II. ISSUES OF FACT • Market-price of road salt at the time reasonable reliance ended III. ISSUES OF LAW • Did the City promise to purchase road salt from NLS? 2 Sandra Kurt, Summit County Clerk of Courts CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 3 of 4 • Did NLS reasonably rely on the City’s promise and if so when did that reliance end? IV. DAMAGES NLS’s reliance damages equal the difference in price between the contract price and the market price of road salt when NLS’s reasonable reliance ended plus the costs associated with the idle dump trucks purchased in reliance. V. MEDICAL EXAMINATION N/A VI. DEPOSITIONS NLS would likely depose Jim Hall and Kim Herron. VII. EXPERT WITNESSES An expert in the road salt industry may be necessary to establish reasonable reliance and market price of road salt at a given time. No expert witnesses are currently identified. VIII. LAY WITNESSES NLS would likely call Christopher Posey, Jim Hall, and Kim Herron. Respectfully Submitted, /s/Logan Trombley Logan Trombely (0096858) Warner D. Mendenhall (0070165) 190 North Union St., Suite 201 Akron, OH 44304 330.535.9160 fax330.762.9743 warner@warnermendenhall.com logan@ warnermendenhall.com Attorney for Plaintiff 3 Sandra Kurt, Summit County Clerk of Courts CV-2019-01-0254 BAKER ROSS, SUSAN 07/08/2019 16:54:07 PM PPRE Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on July 8, 2019, the foregoing was filed via the Summit County Clerk of Court’s eFile system, which shall send notifications of this filing to the following: David Honig Brian D. Bremer Assistant Directors of Law 161 S. High St., Suite 202 Akron, Ohio 44308 (330) 375-2030: (330) 375-2041 (fax) dhonig@akronohio.gov bbremer@akronohio.gov /s/Logan Trombley Logan Trombely (0096858) 4 Sandra Kurt, Summit County Clerk of Courts