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Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Dec 13 12:19 PM-17CV001032
OD936 - P48
IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
CIVIL DIVISION
STEED HAMMOND PAUL, INC. : CASENO. CV 17-001032
Plaintiff, : JUDGE JEFFREY M. BROWN
v.
BERARDI PARTNERS, INC.,
Defendants.
PLAINTIFF’S MOTION FOR CONTINUANCE
Plaintiff, Steed Hammond Paul, Inc. (“SHP”), by counsel and pursuant to Local Rule
79.01 hereby moves this Court for a continuance of the trial in the above-captioned case
currently scheduled for February 13, 2018. This request is due to a conflict with a 2015 case in
the Montgomery County Common Pleas Court, captioned Dayton City School District Board of
Education, et al. v. DNK Architects, Inc., et al., Case No. 2015 CV 00620. Trial is scheduled to
begin in that case on February 12, 2018.
The specific basis for this motion is more fully set forth in the memorandum, below. No
prior continuance of the trial date has been granted, and defense counsel is in agreement with this
request.
Respectfully submitted,
/s/David M. Rickert
David M. Rickert (0010483)
Attorney for Plaintiff
AUMAN, MAHAN & FURRY
110 North Main Street, Suite 1000
Dayton, Ohio 45402
(937) 223-6003
(937) 223-8550 Fax
dmr@amfdayton.com
Attorney for PlaintiffFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Dec 13 12:19 PM-17CV001032
O0D936 - PAY
MEMORANDUM
As this Court’s docket indicates, the above-captioned case was filed on January 30, 2017
and the current trial date of February 13, 2018 was automatically scheduled by this Court on that
date. The Court’s docket also notes that no prior continuance has been granted in the matter.
Unfortunately, the undersigned counsel is scheduled to represent one of the defendants in
a three-week trial in the case captioned Dayton City School District Board of Education, et al. v.
DNK Architects, Inc., et al. , Case No. 2015 CV 00620, in Montgomery County, Ohio beginning
on February 12, 2018. This conflicting case was filed on February 2, 2015 and the trial date of
February 12, 2018 was set on August 2, 2017.
The undersigned delayed notifying the Court of this conflict in the hope that the Dayton
City School case would settle at a mediation which was held on December 7, 2017.
Unfortunately, that mediation did not prove successful and it appears that the Dayton Public
Schools case is going to trial on February 12, 2018.
Plaintiff’ s counsel respectfully requests that the trial in this, the second-filed and second-
set, case be rescheduled to the next available trial date on this Court’s docket. As noted above,
defense counsel does not object to this request for continuance. Given the fact that no prior
extension of time has been granted and that this request for a continuance is unavoidable,
Plaintiff respectfully suggests that rescheduling the Trial at this time will permit the most timely
scheduling and disposition of the instant case.
Respectfully submitted,
/s/David M. Rickert
David M. Rickert (0010483)
Attorney for Plaintiff
AUMAN, MAHAN & FURRY
110 North Main Street, Suite 1000
Dayton, Ohio 45402
(937) 223-6003; (937) 223-8550 Fax
dmr@amfdayton.com
Attorney for PlaintiffFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Dec 13 12:19 PM-17CV001032
0D936 - P50
CERTIFICATE OF SERVICE
I hereby certify that on December 13, 2017, I electronically filed the foregoing with the
Clerk of the Court by using the ECF system which will send a notice of electronic filing to the
following:
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@lewisbr
Tera Sherman @ lewisbris
Counsel for Defendant Berardi Partners, Inc.
/s/David M. Rickert
David M. Rickert (0010483)
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2017 Dec 13 12:19 PM-17CV001032 OD936 - P48 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO CIVIL DIVISION STEED HAMMOND PAUL, INC. : CASENO. CV 17-001032 Plaintiff, : JUDGE JEFFREY M. BROWN v. BERARDI PARTNERS, INC., Defendants. PLAINTIFF’S MOTION FOR CONTINUANCE Plaintiff, Steed Hammond Paul, Inc. (“SHP”), by counsel and pursuant to Local Rule 79.01 hereby moves this Court for a continuance of the trial in the above-captioned case currently scheduled for February 13, 2018. This request is due to a conflict with a 2015 case in the Montgomery County Common Pleas Court, captioned Dayton City School District Board of Education, et al. v. DNK Architects, Inc., et al., Case No. 2015 CV 00620. Trial is scheduled to begin in that case on February 12, 2018. The specific basis for this motion is more fully set forth in the memorandum, below. No prior continuance of the trial date has been granted, and defense counsel is in agreement with this request. Respectfully submitted, /s/David M. Rickert David M. Rickert (0010483) Attorney for Plaintiff AUMAN, MAHAN & FURRY 110 North Main Street, Suite 1000 Dayton, Ohio 45402 (937) 223-6003 (937) 223-8550 Fax dmr@amfdayton.com Attorney for PlaintiffFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Dec 13 12:19 PM-17CV001032 O0D936 - PAY MEMORANDUM As this Court’s docket indicates, the above-captioned case was filed on January 30, 2017 and the current trial date of February 13, 2018 was automatically scheduled by this Court on that date. The Court’s docket also notes that no prior continuance has been granted in the matter. Unfortunately, the undersigned counsel is scheduled to represent one of the defendants in a three-week trial in the case captioned Dayton City School District Board of Education, et al. v. DNK Architects, Inc., et al. , Case No. 2015 CV 00620, in Montgomery County, Ohio beginning on February 12, 2018. This conflicting case was filed on February 2, 2015 and the trial date of February 12, 2018 was set on August 2, 2017. The undersigned delayed notifying the Court of this conflict in the hope that the Dayton City School case would settle at a mediation which was held on December 7, 2017. Unfortunately, that mediation did not prove successful and it appears that the Dayton Public Schools case is going to trial on February 12, 2018. Plaintiff’ s counsel respectfully requests that the trial in this, the second-filed and second- set, case be rescheduled to the next available trial date on this Court’s docket. As noted above, defense counsel does not object to this request for continuance. Given the fact that no prior extension of time has been granted and that this request for a continuance is unavoidable, Plaintiff respectfully suggests that rescheduling the Trial at this time will permit the most timely scheduling and disposition of the instant case. Respectfully submitted, /s/David M. Rickert David M. Rickert (0010483) Attorney for Plaintiff AUMAN, MAHAN & FURRY 110 North Main Street, Suite 1000 Dayton, Ohio 45402 (937) 223-6003; (937) 223-8550 Fax dmr@amfdayton.com Attorney for PlaintiffFranklin County Ohio Clerk of Courts of the Common Pleas- 2017 Dec 13 12:19 PM-17CV001032 0D936 - P50 CERTIFICATE OF SERVICE I hereby certify that on December 13, 2017, I electronically filed the foregoing with the Clerk of the Court by using the ECF system which will send a notice of electronic filing to the following: 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@lewisbr Tera Sherman @ lewisbris Counsel for Defendant Berardi Partners, Inc. /s/David M. Rickert David M. Rickert (0010483)