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Franklin County Ohio Clerk of Courts of the Common Pleas- 2020 Jun 25 1:02 PM-20CV003267
OF165 - D7
COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
TOM A. PETTAY, ) Judge: 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’ JOINT MOTION FOR EXTENSION OF TIME
NOW COME Defendants, Adtalem Global Education, Inc., Cogswell Education, LLC,
and individual defendants Galen H. Graham, Marilyn K. Wiggam and Darryl W. Field
(collectively, “Defendants”), by and through their undersigned counsel and pursuant to Rule
13.02 of the Rules of Practice of the Court of Common Pleas of Franklin County, Ohio (“Local
Rules”), and move this Court for an extension of the deadline for Defendants to move, plead or
respond to the Complaint of Plaintiff Tom A. Pettay of up to and including Friday, July 10,
2020.
In support of this Motion, Defendants submit that this motion is made for good cause
because return of service has not been made for all of the Defendants proceeding in this case
represented jointly by the undersigned counsel Pursuant to the Docket of this Court, return of
service has been made for only Defendants Cogswell Education, LLC (service date June 1,
2020), Galen H. Graham (service date May 29, 2020) and Darryl Field (service date May 30,
2020). (See Exhibit A, Declaration of Drew C. Piersall § 3.) No return of service has yet been
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made for Adtalem Global Education, Inc., the first-named and corporate defendant in this action,
or Defendant Marilyn Wiggam. (See id. § 4.) The responsive pleading deadlines for the
Defendants are staggered or indeterminate. The Defendants seek this extension to resolve any
service issues and file one joint response to the Complaint to avoid an unnecessary increase in
costs and judicial resources associated with multiple separate filings. (See id. 5.) Filing a joint
response within the earliest responsive deadline of June 26, 2020 (for Defendant Graham) is as a
matter of practicality not possible given the staggered or indeterminate status of service as of
June 25, 2020.
Defendants therefore move the Court for a brief extension of fourteen days from the
earliest responsive pleading date of June 26, 2020, up to and including July 10, 2020 to move,
plead or otherwise respond to the Complaint of Plaintiff.
Certification Of Conferral. Defendants, through counsel, conferred with Plaintiffs
counsel Russell Kelm and Ian King through an exchange of writings on June 23, 2020, and June
24, 2020, to request a consent to plead for 28 days under Local Rule 13.01. Plaintiffs counsel
does not consent to Defendants seeking an enlargement of their response time. (See id. § 6.)
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
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2020 Jun 25 1:02 PM-20CV003267
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And
SEYFARTH SHAW, LLP
Jennifer A. Riley (PHV-21259-2020)*
Emily Kesler (PHV-21500-2020)*
233 South Wacker Drive
Suite 8000
Chicago, IL 60606
T: 312-460-5000
F: 312-460-7000
iiley@sey farth.conm i
& yy farth OE
* pro hac vice admission anticipated
Attorneys for Defendants Adtalem Global
Education, Inc., Cogswell Education, LLC, Galen
H. Graham, Marilyn K. Wiggam and Darryl W.
Field
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CERTIFICATE OF SERVICE
The foregoing Defendants’ Joint Motion For Extension of Time was served electronically
via the Court’s electronic filing system as well as electronic mail this 25" day of June, 2020 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.
64545424y.1
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2020 Jun 25 1:02 PM-20CV003267 OF165 - D7 COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO TOM A. PETTAY, ) Judge: 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’ JOINT MOTION FOR EXTENSION OF TIME NOW COME Defendants, Adtalem Global Education, Inc., Cogswell Education, LLC, and individual defendants Galen H. Graham, Marilyn K. Wiggam and Darryl W. Field (collectively, “Defendants”), by and through their undersigned counsel and pursuant to Rule 13.02 of the Rules of Practice of the Court of Common Pleas of Franklin County, Ohio (“Local Rules”), and move this Court for an extension of the deadline for Defendants to move, plead or respond to the Complaint of Plaintiff Tom A. Pettay of up to and including Friday, July 10, 2020. In support of this Motion, Defendants submit that this motion is made for good cause because return of service has not been made for all of the Defendants proceeding in this case represented jointly by the undersigned counsel Pursuant to the Docket of this Court, return of service has been made for only Defendants Cogswell Education, LLC (service date June 1, 2020), Galen H. Graham (service date May 29, 2020) and Darryl Field (service date May 30, 2020). (See Exhibit A, Declaration of Drew C. Piersall § 3.) No return of service has yet been 64545424y.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2020 Jun 25 1:02 PM-20CV003267 OF165 - D7 made for Adtalem Global Education, Inc., the first-named and corporate defendant in this action, or Defendant Marilyn Wiggam. (See id. § 4.) The responsive pleading deadlines for the Defendants are staggered or indeterminate. The Defendants seek this extension to resolve any service issues and file one joint response to the Complaint to avoid an unnecessary increase in costs and judicial resources associated with multiple separate filings. (See id. 5.) Filing a joint response within the earliest responsive deadline of June 26, 2020 (for Defendant Graham) is as a matter of practicality not possible given the staggered or indeterminate status of service as of June 25, 2020. Defendants therefore move the Court for a brief extension of fourteen days from the earliest responsive pleading date of June 26, 2020, up to and including July 10, 2020 to move, plead or otherwise respond to the Complaint of Plaintiff. Certification Of Conferral. Defendants, through counsel, conferred with Plaintiffs counsel Russell Kelm and Ian King through an exchange of writings on June 23, 2020, and June 24, 2020, to request a consent to plead for 28 days under Local Rule 13.01. Plaintiffs counsel does not consent to Defendants seeking an enlargement of their response time. (See id. § 6.) 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 64545424y.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2020 Jun 25 1:02 PM-20CV003267 OF165 - D7 And SEYFARTH SHAW, LLP Jennifer A. Riley (PHV-21259-2020)* Emily Kesler (PHV-21500-2020)* 233 South Wacker Drive Suite 8000 Chicago, IL 60606 T: 312-460-5000 F: 312-460-7000 iiley@sey farth.conm i & yy farth OE * pro hac vice admission anticipated Attorneys for Defendants Adtalem Global Education, Inc., Cogswell Education, LLC, Galen H. Graham, Marilyn K. Wiggam and Darryl W. Field 64545424y.1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2020 Jun 25 1:02 PM-20CV003267 OF165 - D8 CERTIFICATE OF SERVICE The foregoing Defendants’ Joint Motion For Extension of Time was served electronically via the Court’s electronic filing system as well as electronic mail this 25" day of June, 2020 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. 64545424y.1