On January 30, 2017 a
Order
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- 2018 Apr 12 4:13 PM-17CV001032
0E105 - A21
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
STEED HAMMOND PAUL, INC, Case No.: CV 17-001032
Plaintiff, JUDGE JEFFREY M. BROWN
v JOINT MOTION TO AMEND THE
LITIGATION SCHEDULE
BERARDI PARTNERS, INC.,
Defendants.
Now come the Parties, jointly, and hereby respectfully request that the current litigation
schedule be amended and continued for a period of no less than 120 days. This joint request is
not made the purpose of unduly delaying these proceedings and no party will be prejudiced by
the granting of this request.
As the Court is aware, the pace of this litigation has been impacted by a separate
coverage matter instituted by Defendant Beradi Partners relative to the above-captioned matter.
While the Parties were engaging in some discovery during the pendency of that parallel matter,
the scope of discovery was impacted by the ongoing coverage dispute. That coverage dispute
was finally resolved within the last two weeks. Now that the coverage matter is resolved, the
Parties request additional time to complete necessary discovery, as well as a continuation of the
currently scheduled Final Pretrial and Trial
In addition to needing additional time to complete discovery now that the coverage
matter has been resolved, counsel for Defendant Beradi Partners is scheduled to start Trial in
Federal Court in the Eastern District of New York in the case of Jose Bauta vs. Greyhound
Lines, Inc., et al., Case No. 14-CIV-3725 in front of the Honorable Magistrate Judge Ramon
Reyes. Asa result, additional time is needed here to permit defense counsel to complete what is
4852-6313-3793.1 1Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 12 4:13 PM-17CV001032
0E105 - A22
anticipated to be a three week Trial is the United States District Court for the Eastern District of
New York while still being able to permit discovery and prepare for Trial in this matter.
Finally, counsel for the Parties have discussed the possibility of continuing discovery
with an eye towards scheduling private mediation in this matter. As the Parties are cooperating
in an effort to complete necessary discovery while also exploring the possibility of private
mediation, the granting of this request for additional time may result in a resolution of this
matter short of Trial
For the foregoing reasons, the Parties hereby jointly respectfully request that the April 30,
2018 Final Pretrial and the May 21, 2017 Trial date be adjourned and a telephone Status
Conference scheduled to amend the case reschedule for the reasons outlined above
4852-6313-3793.1
Respectfully submitted,
/s/ Bradley J. Barmen
Bradley J. Barmen (0076515)
Theresa A. Sherman (0090971)
Lewis Brisbois Bisgaard and Smith, LLP
1375 E. 9th Street, Suite 2250
Cleveland, OH 44114
T: 216-344-9422/F: 216-344-9421
Brad.Barmen@lewisbrisbois.com
Tera.Sherman@lewisbrisbois.com
Counsel for Defendant Berardi Partners, Inc.
/s/ David M. Rickert (per email consent 4.12.18)
David M. Rickert (0010483)
Auman, Mahan & Furry
110 North Main Street, Suite 1000
Dayton, OH 45402
T: 937-223-6003/F: 937-223-8500
dmr@amfdayton.com
Attorney for Plaintiff
Document Filed Date
April 12, 2018
Case Filing Date
January 30, 2017
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 12 4:13 PM-17CV001032 0E105 - A21 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO STEED HAMMOND PAUL, INC, Case No.: CV 17-001032 Plaintiff, JUDGE JEFFREY M. BROWN v JOINT MOTION TO AMEND THE LITIGATION SCHEDULE BERARDI PARTNERS, INC., Defendants. Now come the Parties, jointly, and hereby respectfully request that the current litigation schedule be amended and continued for a period of no less than 120 days. This joint request is not made the purpose of unduly delaying these proceedings and no party will be prejudiced by the granting of this request. As the Court is aware, the pace of this litigation has been impacted by a separate coverage matter instituted by Defendant Beradi Partners relative to the above-captioned matter. While the Parties were engaging in some discovery during the pendency of that parallel matter, the scope of discovery was impacted by the ongoing coverage dispute. That coverage dispute was finally resolved within the last two weeks. Now that the coverage matter is resolved, the Parties request additional time to complete necessary discovery, as well as a continuation of the currently scheduled Final Pretrial and Trial In addition to needing additional time to complete discovery now that the coverage matter has been resolved, counsel for Defendant Beradi Partners is scheduled to start Trial in Federal Court in the Eastern District of New York in the case of Jose Bauta vs. Greyhound Lines, Inc., et al., Case No. 14-CIV-3725 in front of the Honorable Magistrate Judge Ramon Reyes. Asa result, additional time is needed here to permit defense counsel to complete what is 4852-6313-3793.1 1Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 12 4:13 PM-17CV001032 0E105 - A22 anticipated to be a three week Trial is the United States District Court for the Eastern District of New York while still being able to permit discovery and prepare for Trial in this matter. Finally, counsel for the Parties have discussed the possibility of continuing discovery with an eye towards scheduling private mediation in this matter. As the Parties are cooperating in an effort to complete necessary discovery while also exploring the possibility of private mediation, the granting of this request for additional time may result in a resolution of this matter short of Trial For the foregoing reasons, the Parties hereby jointly respectfully request that the April 30, 2018 Final Pretrial and the May 21, 2017 Trial date be adjourned and a telephone Status Conference scheduled to amend the case reschedule for the reasons outlined above 4852-6313-3793.1 Respectfully submitted, /s/ Bradley J. Barmen Bradley J. Barmen (0076515) Theresa A. Sherman (0090971) Lewis Brisbois Bisgaard and Smith, LLP 1375 E. 9th Street, Suite 2250 Cleveland, OH 44114 T: 216-344-9422/F: 216-344-9421 Brad.Barmen@lewisbrisbois.com Tera.Sherman@lewisbrisbois.com Counsel for Defendant Berardi Partners, Inc. /s/ David M. Rickert (per email consent 4.12.18) David M. Rickert (0010483) Auman, Mahan & Furry 110 North Main Street, Suite 1000 Dayton, OH 45402 T: 937-223-6003/F: 937-223-8500 dmr@amfdayton.com Attorney for Plaintiff