On March 15, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305
0E379 - S8
IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
ED MAP, INC.,
Plaintiff,
vs. Case No. 18CVH03-2305
DELTA CAREER EDUCATION
CORPORATION, et al., Judge Cain
Defendants.
DECISION AND ENTRY DENYING PLAINTIFF'S MOTION FOR
RECONSIDERATION, FILED SEPTEMBER 19, 2018
NUNC PRO TUNC ENTRY CERTIFYING THE COURT’S AUGUST 22, 2018
DECISION AS A FINAL APPEALABLE ORDER
Rendered this day of October 2018.
CAIN, J.
This matter is before this Court on Plaintiff's Motion for Reconsideration,
filed September 19, 2018. Defendants, STVT-AAI Education, Inc. dba Ancora
Education and Ancora Intermediate Holdings, LLC (hereinafter the “Ancora
Defendants’), filed their Memorandum Contra on October 3, 2018. Plaintiff filed its
Reply Memorandum on October 10, 2018. This motion is now ripe for decision.
In the present motion, Plaintiff asks the Court to reconsider its August 22,
2018 decision dismissing the Ancora Defendants for lack of personal jurisdiction.
In support of this request, Plaintiff argues that the Court made erroneous factual
findings and failed to read the entire agreement that is central to this matter.
Plaintiff argues that the Court was required to make all inferences in its favor and
therefore, the Court was wrong in its decision.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305
0E379 - S8
The Court does not agree. Even when making all inferences in Plaintiff's
favor, the Court still does not have personal jurisdiction over the Ancora
Defendants. Plaintiff's entire argument boils down to whether there is evidence that
the Ancora Defendants assumed the contract between Plaintiff and Defendant,
Delta Career Education Corporation (hereinafter the “Delta Contract’), when the
Ancora Defendants purchased certain assets of Delta. Plaintiff tries to argue that
since the Delta Contract was not listed in the excluded contacts section of the
purchase agreement, it was assumed by the Ancora Defendants. Just because
something is not specifically excluded, this does not lead to the automatic
determination that it is included. The Court has reviewed the purchase agreement
and finds that when construed in a light most favorable to Plaintiff, it still does not
say, nor can the Court interpret it to say, that the Ancora Defendants assumed the
Delta Contract. As such, Plaintiff's motion must be denied.
After review and consideration, the Court finds Plaintiff's motion to be not
well-taken, and is hereby DENIED.
There is one more matter that the Court must address. The Court is going
to grant Plaintiffs request for a Nunc Pro Tunc order. The Court hereby certifies
its August 22, 2018 decision as a final appealable order. If the Court of Appeals
finds that the Court erred in making its August 22, 2018 decision, then the Court
will move forward with this matter.
IT IS SO ORDERED.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305
0E379 - S87
Copies to:
Elizabeth L. Moyo
Counsel for Plaintiff
C. Craig Woods
Counsel for Defendants, STVT-AAI Education, Inc. and Ancora Intermediate
Holdings, LLC
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305
0E379 - S88
Franklin County Court of Common Pleas
Date: 10-25-2018
Case Title: ED MAP INC -VS- DELTA CAREER EDUCATION
CORPORATION ET AL
Case Number: 18CV002305
Type: DECISION/ENTRY
It Is So Ordered.
Dod; Com
/s/ Judge David E. Cain
Electronically signed on 2018-Oct-25 page 4 of 4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305
0E379 - S8
Court Disposition
Case Number: 18CV002305
Case Style: ED MAP INC -VS- DELTA CAREER EDUCATION
CORPORATION ET AL
Motion Tie Off Information:
1. Motion CMS Document Id: 18CV002305201 8-09-1999980000
Document Title: 09-19-2018-MOTION TO RECONSIDER -
PLAINTIFF: ED MAP INC
Disposition: MOTION DENIED
Document Filed Date
October 25, 2018
Case Filing Date
March 15, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305 0E379 - S8 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO ED MAP, INC., Plaintiff, vs. Case No. 18CVH03-2305 DELTA CAREER EDUCATION CORPORATION, et al., Judge Cain Defendants. DECISION AND ENTRY DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION, FILED SEPTEMBER 19, 2018 NUNC PRO TUNC ENTRY CERTIFYING THE COURT’S AUGUST 22, 2018 DECISION AS A FINAL APPEALABLE ORDER Rendered this day of October 2018. CAIN, J. This matter is before this Court on Plaintiff's Motion for Reconsideration, filed September 19, 2018. Defendants, STVT-AAI Education, Inc. dba Ancora Education and Ancora Intermediate Holdings, LLC (hereinafter the “Ancora Defendants’), filed their Memorandum Contra on October 3, 2018. Plaintiff filed its Reply Memorandum on October 10, 2018. This motion is now ripe for decision. In the present motion, Plaintiff asks the Court to reconsider its August 22, 2018 decision dismissing the Ancora Defendants for lack of personal jurisdiction. In support of this request, Plaintiff argues that the Court made erroneous factual findings and failed to read the entire agreement that is central to this matter. Plaintiff argues that the Court was required to make all inferences in its favor and therefore, the Court was wrong in its decision. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305 0E379 - S8 The Court does not agree. Even when making all inferences in Plaintiff's favor, the Court still does not have personal jurisdiction over the Ancora Defendants. Plaintiff's entire argument boils down to whether there is evidence that the Ancora Defendants assumed the contract between Plaintiff and Defendant, Delta Career Education Corporation (hereinafter the “Delta Contract’), when the Ancora Defendants purchased certain assets of Delta. Plaintiff tries to argue that since the Delta Contract was not listed in the excluded contacts section of the purchase agreement, it was assumed by the Ancora Defendants. Just because something is not specifically excluded, this does not lead to the automatic determination that it is included. The Court has reviewed the purchase agreement and finds that when construed in a light most favorable to Plaintiff, it still does not say, nor can the Court interpret it to say, that the Ancora Defendants assumed the Delta Contract. As such, Plaintiff's motion must be denied. After review and consideration, the Court finds Plaintiff's motion to be not well-taken, and is hereby DENIED. There is one more matter that the Court must address. The Court is going to grant Plaintiffs request for a Nunc Pro Tunc order. The Court hereby certifies its August 22, 2018 decision as a final appealable order. If the Court of Appeals finds that the Court erred in making its August 22, 2018 decision, then the Court will move forward with this matter. IT IS SO ORDERED. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305 0E379 - S87 Copies to: Elizabeth L. Moyo Counsel for Plaintiff C. Craig Woods Counsel for Defendants, STVT-AAI Education, Inc. and Ancora Intermediate Holdings, LLC Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305 0E379 - S88 Franklin County Court of Common Pleas Date: 10-25-2018 Case Title: ED MAP INC -VS- DELTA CAREER EDUCATION CORPORATION ET AL Case Number: 18CV002305 Type: DECISION/ENTRY It Is So Ordered. Dod; Com /s/ Judge David E. Cain Electronically signed on 2018-Oct-25 page 4 of 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Oct 25 4:17 PM-18CV002305 0E379 - S8 Court Disposition Case Number: 18CV002305 Case Style: ED MAP INC -VS- DELTA CAREER EDUCATION CORPORATION ET AL Motion Tie Off Information: 1. Motion CMS Document Id: 18CV002305201 8-09-1999980000 Document Title: 09-19-2018-MOTION TO RECONSIDER - PLAINTIFF: ED MAP INC Disposition: MOTION DENIED