On January 19, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554
OC959 - AéG
IN THE FRANKLIN COUNTY
COURT OF COMMON PLEAS
LIBERTARIAN PARTY OF OHIO,
Plaintiff, Case No. 16-cv-554
Judge David C. Young
JON HUSTED,
OHIO SECRETARY OF STATE, et al.,
Defendants.
RULE 12(F) MOTION OF DEFENDANTS OHIO SECRETARY OF STATE
JON HUSTED AND OHIO ATTORNEY GENERAL MIKE DEWINE TO
STRIKE PLAINTIFF’S REPLY
Defendants Ohio Secretary of State Jon Husted and Ohio Attorney General Mike DeWine
move, pursuant to Loc. R. 39.05(D) and 39.05(C)(ii), to strike “Plaintiff's Reply to Defendants’
Response to Plaintiffs’ Rule 56(F) Motion.” The memorandum is 14 pages long—not including
its attached exhibit—and Local Rule 12.01 provides that “[a]ny reply memorandum or brief
which exceeds seven pages shall not be accepted for filing without prior leave of the Court.”
This motion is more fully supported by the attached memorandum.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554
OC959 - AG
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
s/ Jordan S. Berman
HALLI BROWNFIELD WATSON (0082466)
JORDAN S. BERMAN (0093075)
SARAH E. PIERCE (0087799)
Assistant Attorneys General
Constitutional Offices Section
30 East Broad Street, 16th Floor
Columbus, Ohio 43215
Tel: 614-466-2872 | Fax: 614-728-7592
halli.watson @ ohioattorneygeneral.gov
jordan.berman @ ohioattorneygeneral.gov
sarah.pierce@ ohioattorneygeneral.gov
Counsel for Defendants Ohio Secretary of State and
Ohio Attorney General
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554
OC959 - AG
MEMORANDUM
On March 14, 2016, Plaintiff Libertarian Party of Ohio filed a 14-page “Reply to
Defendants’ Response to Plaintiffs’ Rule 56(F) Motion.” Local Rule 12.02 states: “A reply
memorandum or brief including administrative appeals shall not exceed seven pages and shall be
restricted to matters in rebuttal. Any reply memorandum or brief which exceeds seven pages
shall not be accepted for filing without prior leave of the Court.” Plaintiff did not seek prior
leave of Court before filing a brief that is double the allowable page limitation.
Failure to comply with local rules is grounds for striking a brief. Loc. R. 39.05(D) states
that, “[t]he Trial Judge, upon motion of a party or sua sponte, may impose sanctions for failure to
comply with the local rules and/or a case schedule and/or the Civil Rules.” Loc. R. 39.05(C)(ii)
states that the Court can order non-monetary sanctions including “an order striking pleadings or
parts of pleadings[.]” Therefore, striking Plaintiff's reply memorandum is appropriate relief for
its violation of the local rules.
CONCLUSION
Plaintiff has exceeded the page limitations set forth by Loc. R. 12.02 without prior leave
of the Court. For the reasons set forth above, Defendants respectfully request that this Court
strike Plaintiffs reply memorandum.
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
s/ Jordan S. Berman
HALLI BROWNFIELD WATSON (0082466)
JORDAN S. BERMAN (0093075)
SARAH E. PIERCE (0087799)
Assistant Attorneys General
Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554
OC959 - AG
Constitutional Offices Section
30 East Broad Street, 16th Floor
Columbus, Ohio 43215
Tel: 614-466-2872 | Fax: 614-728-7592
halli.watson @ ohioattorneygeneral.gov
jordan.berman @ ohioattorneygeneral.gov
sarah.pierce@ ohioattorneygeneral.gov
CERTIFICATE OF SERVICE
Thereby certify that a true copy of the foregoing was served by operation of this court’s
electronic filing system and electronic mail on March 17, 2016, upon the following:
Mark R. Brown
303 E Broad Street
Columbus, Ohio 43215
mbrown@law.capital.edu
Mark G Kafantaris
Kafantaris Law Office
625 City Park Avenue
Columbus, Ohio 43206
mark @kafantaris.com
s/ Jordan S. Berman
JORDAN S. BERMAN (0093075)
Assistant Attorney General
Document Filed Date
March 17, 2016
Case Filing Date
January 19, 2016
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554 OC959 - AéG IN THE FRANKLIN COUNTY COURT OF COMMON PLEAS LIBERTARIAN PARTY OF OHIO, Plaintiff, Case No. 16-cv-554 Judge David C. Young JON HUSTED, OHIO SECRETARY OF STATE, et al., Defendants. RULE 12(F) MOTION OF DEFENDANTS OHIO SECRETARY OF STATE JON HUSTED AND OHIO ATTORNEY GENERAL MIKE DEWINE TO STRIKE PLAINTIFF’S REPLY Defendants Ohio Secretary of State Jon Husted and Ohio Attorney General Mike DeWine move, pursuant to Loc. R. 39.05(D) and 39.05(C)(ii), to strike “Plaintiff's Reply to Defendants’ Response to Plaintiffs’ Rule 56(F) Motion.” The memorandum is 14 pages long—not including its attached exhibit—and Local Rule 12.01 provides that “[a]ny reply memorandum or brief which exceeds seven pages shall not be accepted for filing without prior leave of the Court.” This motion is more fully supported by the attached memorandum. Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554 OC959 - AG Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General s/ Jordan S. Berman HALLI BROWNFIELD WATSON (0082466) JORDAN S. BERMAN (0093075) SARAH E. PIERCE (0087799) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel: 614-466-2872 | Fax: 614-728-7592 halli.watson @ ohioattorneygeneral.gov jordan.berman @ ohioattorneygeneral.gov sarah.pierce@ ohioattorneygeneral.gov Counsel for Defendants Ohio Secretary of State and Ohio Attorney General Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554 OC959 - AG MEMORANDUM On March 14, 2016, Plaintiff Libertarian Party of Ohio filed a 14-page “Reply to Defendants’ Response to Plaintiffs’ Rule 56(F) Motion.” Local Rule 12.02 states: “A reply memorandum or brief including administrative appeals shall not exceed seven pages and shall be restricted to matters in rebuttal. Any reply memorandum or brief which exceeds seven pages shall not be accepted for filing without prior leave of the Court.” Plaintiff did not seek prior leave of Court before filing a brief that is double the allowable page limitation. Failure to comply with local rules is grounds for striking a brief. Loc. R. 39.05(D) states that, “[t]he Trial Judge, upon motion of a party or sua sponte, may impose sanctions for failure to comply with the local rules and/or a case schedule and/or the Civil Rules.” Loc. R. 39.05(C)(ii) states that the Court can order non-monetary sanctions including “an order striking pleadings or parts of pleadings[.]” Therefore, striking Plaintiff's reply memorandum is appropriate relief for its violation of the local rules. CONCLUSION Plaintiff has exceeded the page limitations set forth by Loc. R. 12.02 without prior leave of the Court. For the reasons set forth above, Defendants respectfully request that this Court strike Plaintiffs reply memorandum. Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General s/ Jordan S. Berman HALLI BROWNFIELD WATSON (0082466) JORDAN S. BERMAN (0093075) SARAH E. PIERCE (0087799) Assistant Attorneys General Franklin County Ohio Clerk of Courts of the Common Pleas- 2016 Mar 17 9:57 AM-16CV000554 OC959 - AG Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel: 614-466-2872 | Fax: 614-728-7592 halli.watson @ ohioattorneygeneral.gov jordan.berman @ ohioattorneygeneral.gov sarah.pierce@ ohioattorneygeneral.gov CERTIFICATE OF SERVICE Thereby certify that a true copy of the foregoing was served by operation of this court’s electronic filing system and electronic mail on March 17, 2016, upon the following: Mark R. Brown 303 E Broad Street Columbus, Ohio 43215 mbrown@law.capital.edu Mark G Kafantaris Kafantaris Law Office 625 City Park Avenue Columbus, Ohio 43206 mark @kafantaris.com s/ Jordan S. Berman JORDAN S. BERMAN (0093075) Assistant Attorney General