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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
CIVIL DIVISION
JAMES DERRICK O’NEAL, et. al., |
Plaintiffs, | Case No. 18CV-758
vs. JUDGE MARK A. SERROT
THE STATE OF OHIO, et. al.,
Defendants
Parties Joint Motion
for A Status Conference to Schedule a New Trial Date
This matter is currently set for trial on April 8, 2019. The parties move this Court to set
the matter for a status conference to establish a new schedule for the trial that is at least thirty
(30) days after the Court rules on the pending motions for summary judgment.
On January 24, 2018 Plaintiff O’Neal commenced this litigation with the filing of his
complaint.! On the same date, the clerk entered a scheduling order. The relevant dates for
purposes of this motion included October 31, 2018 for the filing of dispositive motions,
December 26, 2018 for the Court to issue its decisions on any dispositive motions, and January
23, 2019 for trial. The twenty-eight-day period between the Court’s decisions on dispositive
motions and trial afforded the parties time to craft their trial presentations based on the Court’s
identification of the relevant issues and relevant evidence in its rulings on dispositive motions.
On October 26, 2018, on agreement of the parties, the Court amended the prior
scheduling order to continue the date to file dispositive motions to January 11, 2019 and the date
for trial to April 8, 2019. Through oversight, the parties neglected to suggest a date certain for
the Court to issue its decisions on dispositive motions.
' On July 17, 2018, the Court granted Cleveland Jackson’s motion to intervene.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758
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Both Plaintiffs and the Defendants filed motions for summary judgment as well as the
requisite responses and replies. The Court has yet to rule on the motions and as of the date of the
filing of this motion, trial is scheduled to commence in nineteen days.
All parties would benefit from the Court’s rulings on the pending summary judgment
motions. If the Court grants summary judgment in favor of either party, counsel will not need to
expend time preparing for trial. If the Court denies the dispositive motions, the parties will
benefit from their review of the Court’s reasoning in denying the motions, including the Court’s
identification of the critical issues and the factual questions the Court concluded require a trial to
resolve.
The parties suggest that the court issue an order that the trial will take place not less than
thirty days after the Court’s decisions on the dispositive motions (or as soon thereafter as meets
the convenience of the Court)
Wherefore the parties request this Court grant this motion and conduct a status
conference at which it establishes a new schedule for trial
Respectfully submitted,
Office of the Ohio Public Defender
is/ Richard A. Cline
Richard Cline [0001854]
Senior Assistant State Public Defender
Richard.Cline@opd.ohio.gov
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758
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s/ Adele Shank /s/Randall L, Porter
S. Adele Shank [0022148] Randall L. Porter [0005835]
Trial Attorney for Plaintiff O’Neal Assistant State Public Defender
Law Offices of Adele Shank Randall.Porter@opd.ohio.gov
3380 Tremont Road, Suite 270
Columbus, Ohio 43221-2112 250 E. Broad Street - Suite 1400
614-326-1217 Columbus, Ohio 43215
shanklaw@att.net (614) 466-5394 (Phone)
(614) 644-0708 (Fax)
And And
WY (s/Dale A, Baich
Lawrence J. Gregor [0002592] Dale A. Baich [0025070]
Attorney at Law Assistant Federal Public Defender
Suite 1100 Liberty Tower Dale_Baich@fd.org
120 W. Second Street, Suite 1100 850 West Adams Street, Suite 201
Dayton, Ohio 45402 Phoenix Arizona, 85007
937-223-3153 (602) 382-2816 (Phone)
(602) 889-3960 (Fax)
Counsel for Plaintiff O’Neal Counsel for Cleveland Jackson
Zoe A. Saadey — 0089181 Charles L. Wille - 0056444
Criminal Justice Section Criminal Justice Section
Capital Crimes Unit Capital Crimes Unit
150 East Gay Street, 16" Floor 150 East Gay Street, 16" Floor
Columbus, Ohio 43215 Columbus, Ohio 43215
Attorney for Defendants Attorney for Defendants
Charles A. Schneider, Section Chief
Criminal Justice Section
150 East Gay Street, 16th Floor
Columbus, Ohio 43215
Attorney for Defendants
Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758
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CERTIFICATE OF SERVICE
All parties are jointly filing this motion, and thus all parties have received an electronic copy
of it on March 21, 2019
ds/ Richard A, Cline
Richard Cline [0001854]
Senior Assistant State Public Defender
Counsel for Cleveland Jackson
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758 OE584 - A IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO CIVIL DIVISION JAMES DERRICK O’NEAL, et. al., | Plaintiffs, | Case No. 18CV-758 vs. JUDGE MARK A. SERROT THE STATE OF OHIO, et. al., Defendants Parties Joint Motion for A Status Conference to Schedule a New Trial Date This matter is currently set for trial on April 8, 2019. The parties move this Court to set the matter for a status conference to establish a new schedule for the trial that is at least thirty (30) days after the Court rules on the pending motions for summary judgment. On January 24, 2018 Plaintiff O’Neal commenced this litigation with the filing of his complaint.! On the same date, the clerk entered a scheduling order. The relevant dates for purposes of this motion included October 31, 2018 for the filing of dispositive motions, December 26, 2018 for the Court to issue its decisions on any dispositive motions, and January 23, 2019 for trial. The twenty-eight-day period between the Court’s decisions on dispositive motions and trial afforded the parties time to craft their trial presentations based on the Court’s identification of the relevant issues and relevant evidence in its rulings on dispositive motions. On October 26, 2018, on agreement of the parties, the Court amended the prior scheduling order to continue the date to file dispositive motions to January 11, 2019 and the date for trial to April 8, 2019. Through oversight, the parties neglected to suggest a date certain for the Court to issue its decisions on dispositive motions. ' On July 17, 2018, the Court granted Cleveland Jackson’s motion to intervene. Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758 OE584 -A Both Plaintiffs and the Defendants filed motions for summary judgment as well as the requisite responses and replies. The Court has yet to rule on the motions and as of the date of the filing of this motion, trial is scheduled to commence in nineteen days. All parties would benefit from the Court’s rulings on the pending summary judgment motions. If the Court grants summary judgment in favor of either party, counsel will not need to expend time preparing for trial. If the Court denies the dispositive motions, the parties will benefit from their review of the Court’s reasoning in denying the motions, including the Court’s identification of the critical issues and the factual questions the Court concluded require a trial to resolve. The parties suggest that the court issue an order that the trial will take place not less than thirty days after the Court’s decisions on the dispositive motions (or as soon thereafter as meets the convenience of the Court) Wherefore the parties request this Court grant this motion and conduct a status conference at which it establishes a new schedule for trial Respectfully submitted, Office of the Ohio Public Defender is/ Richard A. Cline Richard Cline [0001854] Senior Assistant State Public Defender Richard.Cline@opd.ohio.gov Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758 OE584 - A s/ Adele Shank /s/Randall L, Porter S. Adele Shank [0022148] Randall L. Porter [0005835] Trial Attorney for Plaintiff O’Neal Assistant State Public Defender Law Offices of Adele Shank Randall.Porter@opd.ohio.gov 3380 Tremont Road, Suite 270 Columbus, Ohio 43221-2112 250 E. Broad Street - Suite 1400 614-326-1217 Columbus, Ohio 43215 shanklaw@att.net (614) 466-5394 (Phone) (614) 644-0708 (Fax) And And WY (s/Dale A, Baich Lawrence J. Gregor [0002592] Dale A. Baich [0025070] Attorney at Law Assistant Federal Public Defender Suite 1100 Liberty Tower Dale_Baich@fd.org 120 W. Second Street, Suite 1100 850 West Adams Street, Suite 201 Dayton, Ohio 45402 Phoenix Arizona, 85007 937-223-3153 (602) 382-2816 (Phone) (602) 889-3960 (Fax) Counsel for Plaintiff O’Neal Counsel for Cleveland Jackson Zoe A. Saadey — 0089181 Charles L. Wille - 0056444 Criminal Justice Section Criminal Justice Section Capital Crimes Unit Capital Crimes Unit 150 East Gay Street, 16" Floor 150 East Gay Street, 16" Floor Columbus, Ohio 43215 Columbus, Ohio 43215 Attorney for Defendants Attorney for Defendants Charles A. Schneider, Section Chief Criminal Justice Section 150 East Gay Street, 16th Floor Columbus, Ohio 43215 Attorney for Defendants Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Mar 21 11:31 AM-18CV000758 OE584 - Al CERTIFICATE OF SERVICE All parties are jointly filing this motion, and thus all parties have received an electronic copy of it on March 21, 2019 ds/ Richard A, Cline Richard Cline [0001854] Senior Assistant State Public Defender Counsel for Cleveland Jackson