On April 19, 2006 a
Motion,Ex Parte
was filed
involving a dispute between
Taub, Pamela,
Taub , Robert,
and
Blackburn , Theodore,
Tzavaras , Alex,
for DECLARATORY JUDGMENT
in the District Court of Summit County.
Preview
cALESKI
2005 DEC 1 PH 3:42
IN THE COURT OF COMMON PLEAS
CURTS SUMMIT COUNTY, OHIO
are
Robert Taub, et al. CASE NO. 2006-04-2563
Plaintiff,
JUDGE BURNHAM UNRUH
vs.
Alex Tzavaras, et al. JOINT MOTION FOR
CONTINUANCE OF TRIAL
Defendants.
Now come the Plaintiffs, Robert and Pamela Taub, and Defendant, Alex Tzavaras, dba
Alexander Construction Company, by and through their respective counsel, and jointly move this
Court for an Order continuing the trial currently scheduled for December 20, 2006. The trial date
is unrealistic due to the significant amount of discovery that remains to be completed. Counsel
have been working on the case and the depositions of the Plaintiffs have been completed. In
addition, the deposition of the Defendant, Alexander Tzavaras, is scheduled for December 12,
2006. In Plaintiffs’ responses to Defendant's discovery, the Plaintiffs identified over twenty trial
witnesses. Clearly, there is not enough time to complete the depositions of all of these witnesses.
In addition, Defendant anticipates calling approximately ten to twelve witnesses at the time of
trial, and again, there is not enough time to complete this discovery.
Further, Plaintiffs filed a Motion for Summary Judgment regarding the validity of the
mechanic’s liens in this matter. This Court’s ruling on this Motion should resolve some of the
issues in this case. The parties now believe that a Mediation Conference may be beneficial in
attempting to resolve the remaining issues in this case. As such, the parties would request a
referral of this case to the Court’s Mediation Department. A Final Pretrial is currently scheduledCOPY
for December 6, 2006 and counsel would like to use this date as an interim Status Conference to
set a new case management schedule and obtain a referral to the Court’s Mediation Program.
Respectfully submitted,
op AL
ANDREW D. JAMISON (0069679)
200 Courtyard Square
80 South Summit Street
Akron, Ohio 44308
P: (330) 375-1311
F: (330) 375-9075
E: ajamison@reminger.com
Attorney for Defendant
Alex Tzavaras, dba
Alexander Construction Company
See attached
MARK C. CAVANAUGH (0020557)
755 White Pond Drive
Suite 403
Akron, Ohio 44320
P: (330) 864-7155
F: (330) 864-7157
Attorney for Plaintiffs,
Robert and Pamela TaubS383759875
3383759875, P04
for December 6, 2006 and counsel would like to use this date as an interim Status Conference ta
set a new case management schedule and obtain a referral to the Court’s Mediation Program.
Respectfully submitted,
ANDREW D. JAMISON (0069679)
200 Courtyard Square
80 South Summit Street
Akron, Ohio 44308
P: (330) 375-1311
F: (330) 375-9075
E: ajamison@reminger,com
Attorney for Defendant
Alex Tzavaras, dba
Alexander Construction Company
“Mag ‘ nye ow gl
MARK C. CAVANAUGH (003f 557)
755 White Pond Drive
Suite 403
Akron, Ohio 44320
P: (330) 864-7155
F: (330) 864-7157
a /
Attorney for Plaintiffs,
Robert and Pamela TaubCOPY
CERTIFICATE OF SERVICE .
an a ied
A copy of the foregoing was mailed by regular U.S. mail this_-“__ day of November,
2006 to:
Mark C. Cavanaugh, Esq. Attorney for Plaintiffs
755 White Pond Drive
Suite 403
Akron, Ohio 44320
Dick W. Mount, Jr., Esq. Attorney for Defendant,
P.O. Box 182 Theodore Blackburn dba
Minerva, Ohio 44657 Blackburn Masonry
zZ a
ANDREW D. JAMISON (0069679)
Preview
cALESKI 2005 DEC 1 PH 3:42 IN THE COURT OF COMMON PLEAS CURTS SUMMIT COUNTY, OHIO are Robert Taub, et al. CASE NO. 2006-04-2563 Plaintiff, JUDGE BURNHAM UNRUH vs. Alex Tzavaras, et al. JOINT MOTION FOR CONTINUANCE OF TRIAL Defendants. Now come the Plaintiffs, Robert and Pamela Taub, and Defendant, Alex Tzavaras, dba Alexander Construction Company, by and through their respective counsel, and jointly move this Court for an Order continuing the trial currently scheduled for December 20, 2006. The trial date is unrealistic due to the significant amount of discovery that remains to be completed. Counsel have been working on the case and the depositions of the Plaintiffs have been completed. In addition, the deposition of the Defendant, Alexander Tzavaras, is scheduled for December 12, 2006. In Plaintiffs’ responses to Defendant's discovery, the Plaintiffs identified over twenty trial witnesses. Clearly, there is not enough time to complete the depositions of all of these witnesses. In addition, Defendant anticipates calling approximately ten to twelve witnesses at the time of trial, and again, there is not enough time to complete this discovery. Further, Plaintiffs filed a Motion for Summary Judgment regarding the validity of the mechanic’s liens in this matter. This Court’s ruling on this Motion should resolve some of the issues in this case. The parties now believe that a Mediation Conference may be beneficial in attempting to resolve the remaining issues in this case. As such, the parties would request a referral of this case to the Court’s Mediation Department. A Final Pretrial is currently scheduledCOPY for December 6, 2006 and counsel would like to use this date as an interim Status Conference to set a new case management schedule and obtain a referral to the Court’s Mediation Program. Respectfully submitted, op AL ANDREW D. JAMISON (0069679) 200 Courtyard Square 80 South Summit Street Akron, Ohio 44308 P: (330) 375-1311 F: (330) 375-9075 E: ajamison@reminger.com Attorney for Defendant Alex Tzavaras, dba Alexander Construction Company See attached MARK C. CAVANAUGH (0020557) 755 White Pond Drive Suite 403 Akron, Ohio 44320 P: (330) 864-7155 F: (330) 864-7157 Attorney for Plaintiffs, Robert and Pamela TaubS383759875 3383759875, P04 for December 6, 2006 and counsel would like to use this date as an interim Status Conference ta set a new case management schedule and obtain a referral to the Court’s Mediation Program. Respectfully submitted, ANDREW D. JAMISON (0069679) 200 Courtyard Square 80 South Summit Street Akron, Ohio 44308 P: (330) 375-1311 F: (330) 375-9075 E: ajamison@reminger,com Attorney for Defendant Alex Tzavaras, dba Alexander Construction Company “Mag ‘ nye ow gl MARK C. CAVANAUGH (003f 557) 755 White Pond Drive Suite 403 Akron, Ohio 44320 P: (330) 864-7155 F: (330) 864-7157 a / Attorney for Plaintiffs, Robert and Pamela TaubCOPY CERTIFICATE OF SERVICE . an a ied A copy of the foregoing was mailed by regular U.S. mail this_-“__ day of November, 2006 to: Mark C. Cavanaugh, Esq. Attorney for Plaintiffs 755 White Pond Drive Suite 403 Akron, Ohio 44320 Dick W. Mount, Jr., Esq. Attorney for Defendant, P.O. Box 182 Theodore Blackburn dba Minerva, Ohio 44657 Blackburn Masonry zZ a ANDREW D. JAMISON (0069679)