Order: CYBER ISLAND VS SPRINGFIELD TOWNSHIP POLICE DEPARTMENT

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DANIEL M. HOBRIGAN
7010 JUL 16 AM 9: 06

SUMMIT COUNTY
CLERMBER ISDARD et at,

IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO

oS

) CASE NO. 2010-06-9465" 4 a
)
Plaintiffs, ) JUDGE: TOM PARKER
)
-vs- )
)
SPRINGFIELD TOWNSHIP, et al. ) MOTION FOR PROTECTIVE
) ORDER AND CONTINUANCE
Defendants. )

NOW COMES the Plaintiffs, Gold Rush and James Gamble and Spinners Internet
Cafe, dba Café 7 and Brian Hendrick, and hereby move this Honorable Court for a Protective
Order pursuant to Ohio Rules of Civil Procedure 26(c). Defendants, Summit County, by and
through their attorney the Summit County Prosecutor, filed a Notice of Deposition, Duces
Tecum on July 14, 2010 and cause those notices to be served on counsel on that date.
Counsel for the Plaintiff had attempted to contact Attorney Ross by telephone on July 14,
2010 and by letter sent via fax on July 15, 2010 to discuss the contents of the Notice as well
as the timeliness. Counsel certifies he has complied with Rule 26(c) in attempt to resolve
these differenced prior to filing for this Motion.

The basis for this Motion is two fold. First, the Notice gave my clients’ less than 48
hours to comply. One of my clients, James Gamble, is out of town on vacation with his
family and may not return until after the deadlines set forth in the Notice. Counsel has yet to
speak with him concerning this matter. In any event, the request is for virtually hundred of

documents from many different sources and less than 48 hours is an unreasonable amount ofCOPY

time to produce.

Second, Plaintiffs’ object to the Request for Documents numbered 1 through 19 in
Schedule A as not relevant to the subject matter included in the pending litigation nor
reasonably calculated to lead to the discovery of admissible evidence. Counsel respectfully
requests a hearing before this Honorable Court on this Motion.

Finally, in light of the request for Production on Motion for Protective Order as well
as outstanding discovery propounded on the Defendants but with yet no response, Counsel
respectfully moves this Court to continue the hearing on the Request for Restraining Order
scheduled for July 21, 2010 at 10:00 a.m. Perhaps that time could be used for a hearing on
these Motions. Counsel finally spoke with Attorney Ross at approximately noon on July 15,
2010. she has no objection to continuing the hearing set for July 21, 2010.

WHEREFORE, the Plaintiffs, Gold Rush and James Gamble and Spinners Internet
Cafe, dba Café 7 and Brian Hendrick, respectfully request this Court for a protective Order

against Summit County and a hearing on these Motions.

Respectfully submitted,

Callahan, Greven, Rilley & Sinn, L.L.C.

    

(0013533)
137 South Main Street, Suite 300
Akron, Ohio 44308
(330)-376-9260

Fax (330) 376-9307COPY

CERTIFICATE OF SERVICE

Thereby certify that a copy of the foregoing was sent by regular U.S. mail to Celeste
DeHoff, Springfield Township Law Director , 337 3" Street N.W., Canton, Ohio 44702,
and Susan Baker-Ross, Summit County Prosecutor’s Office, 53 University Avenue,
Akron, Ohio 44308, on this_/Z day of July, 2010.

Micffael TY Callahah (0013533)
Attorney for Plaintiffs