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Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267
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COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
TOM A. PETTAY, ) Judge: Honorable Jeffrey M. Brown
)
Plaintiff, ) Case No.: 20CV003267
vs. )
)
ADTALEM GLOBAL EDUCATION, INC., )
fka DEVRY UNIVERSITY, INC., fka )
DEVRY EDUCATION GROUP, INC., )
COGSWELL EDUCATION, LLC, )
GALEN H. GRAHAM, MARILYN K. )
WIGGAM, and DARRYL W. FIELD )
)
Defendants. )
DEFENDANTS’ MOTION FOR AN EXTENSION OF DISPOSITIVE MOTION
AND DISCOVERY DEADLINES
Defendants Adtalem Global Education, Inc. (“Adtalem”), Cogswell Education, LLC
(“Cogswell”), Galen H. Graham (“Graham”), Marilyn K. Wiggam (“Wiggam”) and Darryl W.
Field (“Field”) (collectively, “Defendants”) respectfully move the Court for a ninety (90) day
extension of remaining deadlines for the case schedule, including the current February 23, 2021,
deadline for the parties to file Dispositive Motions and the March 9, 2021, Discovery cut-off
deadline. In support of this motion, Defendants state as follows:
1. Plaintiff Tom Pettay (“Pettay”) initiated this action on May 19, 2020
2 At that time, this Court set a February 23, 2021, deadline for parties to file
Dispositive Motions and a March 9, 2021, Discovery cut-off deadline.
3 Defendants filed a Motion to Dismiss all counts in Pettay’s Complaint (the
“Motion’”) on July 10, 2020.
4 The Motion was fully briefed as of August 20, 2020, and a decision from this Court
on the Motion is pending.
68266224v.2Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267
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5 In the event this Court denies Defendants’ Motion, they intend to file a dispositive
motion.
6 As such, Defendants request that the current case schedule, including the February
23, 2021, deadline for parties to file Dispositive Motions and a March 9, 2021, Discovery cut-off
deadline, be extended for a period of ninety (90) days
7. This motion is filed before the applicable deadlines have passed and is sought in
good faith and not for the purpose of unwarranted delay.
WHEREFORE, Defendants respectfully request that the Court issue an order extending the
current case schedule deadlines for ninety (90) days, including the February 23, 2021, deadline for
parties to file Dispositive Motions and the March 9, 2021, Discovery cut-off deadline.
Date: February 22, 2021
Respectfully submitted,
ZASHIN & RICH CO., L.P.A.
/s/_ Drew C. Piersall
Drew C. Piersall (0078085)
ZASHIN & RICH CO., L.P.A.
17 South High Street, Suite 900
Columbus, Ohio 43215
Telephone: 614-224-4411
Facsimile: 614-224-4433
Email: dep@zrlaw.com
68266224v.2Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267
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68266224v.2
SEYFARTH SHAW, LLP
/s/_ Jennifer A. Riley
Jennifer A. Riley, (Admitted Pro Hac Vice)
Emily Kesler (Admitted Pro Hac Vice)
SEYFARTH SHAW LLP
233 South Wacker Drive
Suite 8000
Chicago, IL 60606
T: 312-460-5000
F: 312-460-7000
jriley@seyfarth.com
ekesler@seyfarth.com
Attorneys for Defendants Adtalem Global
Education, Inc., Cogswell Education, LLC, Galen
H. Graham, Marilyn K. Wiggam and Darryl W.
FieldFranklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267
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CERTIFICATE OF SERVICE
The foregoing MOTION FOR AN EXTENSION OF DISPOSITIVE MOTION AND
DISCOVERY DEADLINES was served electronically via the Court’s electronic filing system as
well as electronic mail this 22nd day of February 2021 on the following:
Russell A. Kelm
Jan King
Law Offices of Russell A. Kelm
37 W. Broad Street
Suite 860
Columbus, Ohio 43215
kelm@kelmlawfirm.com
king@kelmlawfirm.com
/s/_ Drew C. Piersall
Drew C. Piersall (0078085)
ZASHIN & RICH CO., L.P.A.
68266224v.2
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267 OF411 - H44 COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO TOM A. PETTAY, ) Judge: Honorable Jeffrey M. Brown ) Plaintiff, ) Case No.: 20CV003267 vs. ) ) ADTALEM GLOBAL EDUCATION, INC., ) fka DEVRY UNIVERSITY, INC., fka ) DEVRY EDUCATION GROUP, INC., ) COGSWELL EDUCATION, LLC, ) GALEN H. GRAHAM, MARILYN K. ) WIGGAM, and DARRYL W. FIELD ) ) Defendants. ) DEFENDANTS’ MOTION FOR AN EXTENSION OF DISPOSITIVE MOTION AND DISCOVERY DEADLINES Defendants Adtalem Global Education, Inc. (“Adtalem”), Cogswell Education, LLC (“Cogswell”), Galen H. Graham (“Graham”), Marilyn K. Wiggam (“Wiggam”) and Darryl W. Field (“Field”) (collectively, “Defendants”) respectfully move the Court for a ninety (90) day extension of remaining deadlines for the case schedule, including the current February 23, 2021, deadline for the parties to file Dispositive Motions and the March 9, 2021, Discovery cut-off deadline. In support of this motion, Defendants state as follows: 1. Plaintiff Tom Pettay (“Pettay”) initiated this action on May 19, 2020 2 At that time, this Court set a February 23, 2021, deadline for parties to file Dispositive Motions and a March 9, 2021, Discovery cut-off deadline. 3 Defendants filed a Motion to Dismiss all counts in Pettay’s Complaint (the “Motion’”) on July 10, 2020. 4 The Motion was fully briefed as of August 20, 2020, and a decision from this Court on the Motion is pending. 68266224v.2Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267 OF411 - H45 5 In the event this Court denies Defendants’ Motion, they intend to file a dispositive motion. 6 As such, Defendants request that the current case schedule, including the February 23, 2021, deadline for parties to file Dispositive Motions and a March 9, 2021, Discovery cut-off deadline, be extended for a period of ninety (90) days 7. This motion is filed before the applicable deadlines have passed and is sought in good faith and not for the purpose of unwarranted delay. WHEREFORE, Defendants respectfully request that the Court issue an order extending the current case schedule deadlines for ninety (90) days, including the February 23, 2021, deadline for parties to file Dispositive Motions and the March 9, 2021, Discovery cut-off deadline. Date: February 22, 2021 Respectfully submitted, ZASHIN & RICH CO., L.P.A. /s/_ Drew C. Piersall Drew C. Piersall (0078085) ZASHIN & RICH CO., L.P.A. 17 South High Street, Suite 900 Columbus, Ohio 43215 Telephone: 614-224-4411 Facsimile: 614-224-4433 Email: dep@zrlaw.com 68266224v.2Franklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267 OF411 - H46 68266224v.2 SEYFARTH SHAW, LLP /s/_ Jennifer A. Riley Jennifer A. Riley, (Admitted Pro Hac Vice) Emily Kesler (Admitted Pro Hac Vice) SEYFARTH SHAW LLP 233 South Wacker Drive Suite 8000 Chicago, IL 60606 T: 312-460-5000 F: 312-460-7000 jriley@seyfarth.com ekesler@seyfarth.com Attorneys for Defendants Adtalem Global Education, Inc., Cogswell Education, LLC, Galen H. Graham, Marilyn K. Wiggam and Darryl W. FieldFranklin County Ohio Clerk of Courts of the Common Pleas- 2021 Feb 22 3:14 PM-20CV003267 OF411 - HA7 CERTIFICATE OF SERVICE The foregoing MOTION FOR AN EXTENSION OF DISPOSITIVE MOTION AND DISCOVERY DEADLINES was served electronically via the Court’s electronic filing system as well as electronic mail this 22nd day of February 2021 on the following: Russell A. Kelm Jan King Law Offices of Russell A. Kelm 37 W. Broad Street Suite 860 Columbus, Ohio 43215 kelm@kelmlawfirm.com king@kelmlawfirm.com /s/_ Drew C. Piersall Drew C. Piersall (0078085) ZASHIN & RICH CO., L.P.A. 68266224v.2