On November 02, 2012 a
MEMO IN SUPPORT
was filed
involving a dispute between
and
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Mar 19 8:48 AM-12CV013835
0B714 - C85
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
James Brent Hayes, et. al., ; Judge Guy Reece, ff
Plaintiffs, : Case No. 1L20V013835
VS.
Jerry Wray, Director
Ohio Department of Transportation,
Defendant.
PLAINTIFRS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF
THEDR MOTION TO CONTINUE TRIAL
A trial in this matter is currently scheduled to commence on March 26, 2014. On March
17, 2014, the Plaintiffs filed a motion to continue this trial date. The Plaintiffs’ cited to the
Defendant’s pending dispositive motion and requested additional time to prepare for trial and
serve subpoenas. On March 17, 2014, the Defendant filed a memorandum contra to the
Plaintiff's motion. This indicated that the Defendant had assumed that the Court had denied the
dispositive motion and the Defendant was prepared to proceed to trial. The Defendant also
argued that interest was accruing on the Athens County appropriation judgment, and thus the
Defendant would be prejudiced by a continuance.
To date, the Defendant has not filed an answer to the Plaintiffs’ Complaint. Aside from
the arguments raised in the Defendant’s dispositive motions, the Plaintiffs do not know
specifically which of their allegations the Defendant is disputing. Additionally, the Plaintiff docs
not know what defenses the Defendant will attempt to raise at trial.
Furthermore, discovery in this matter has not been completed. The Plaintiffs’ motion to
compel remains pending. Additional discovery will be needed based on the disclosure of the
information contained in the Defendant’s answer to the Plaintiffs’ Complaint.Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Mar 19 8:48 AM-12CV013835
0B714 - C86
For these additional reasons, Plaintiffs respectfully request that this Court Grant the
Plaintiffs’ Motion to Continue,
Respectfully submitted,
/sf Robert R. Rittenhouse
John P. Lavelle - 0002815
Robert R. Rittenhouse - 0079276
Attorneys for Plaintiffs
Lavelle and Associates
449 E. State Street
Athens, OH 45701
jlavelle@iohnplavelle.com
rusty@iohnplavelle.com
(740) 593-3348 - telephone
(740) 594-3343 - facsimile
CERTINICATE OF SERVICE
The undersigned attorney hereby certifies that true copies of the foregoing Plaintiffs’
Motion to Continne Trial was served by operation of the Court’s electronic filing systera on this
19* day of March, 2014, upon
L. Martin Cordero
150 East Gay Street, 22™ Floor
Columbus, OH 43215-3167
martin.cordero@ohioattorneygeneral.gov
Attorney for Defendant
isf Robert R. Rittenhouse
Jobn P. Lavelle - 0002815
Robert R. Rittenhouse - 0079276
Attorneys for Plaintiffs
bo
Document Filed Date
March 19, 2014
Case Filing Date
November 02, 2012
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Mar 19 8:48 AM-12CV013835 0B714 - C85 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO James Brent Hayes, et. al., ; Judge Guy Reece, ff Plaintiffs, : Case No. 1L20V013835 VS. Jerry Wray, Director Ohio Department of Transportation, Defendant. PLAINTIFRS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THEDR MOTION TO CONTINUE TRIAL A trial in this matter is currently scheduled to commence on March 26, 2014. On March 17, 2014, the Plaintiffs filed a motion to continue this trial date. The Plaintiffs’ cited to the Defendant’s pending dispositive motion and requested additional time to prepare for trial and serve subpoenas. On March 17, 2014, the Defendant filed a memorandum contra to the Plaintiff's motion. This indicated that the Defendant had assumed that the Court had denied the dispositive motion and the Defendant was prepared to proceed to trial. The Defendant also argued that interest was accruing on the Athens County appropriation judgment, and thus the Defendant would be prejudiced by a continuance. To date, the Defendant has not filed an answer to the Plaintiffs’ Complaint. Aside from the arguments raised in the Defendant’s dispositive motions, the Plaintiffs do not know specifically which of their allegations the Defendant is disputing. Additionally, the Plaintiff docs not know what defenses the Defendant will attempt to raise at trial. Furthermore, discovery in this matter has not been completed. The Plaintiffs’ motion to compel remains pending. Additional discovery will be needed based on the disclosure of the information contained in the Defendant’s answer to the Plaintiffs’ Complaint.Franklin County Ohio Clerk of Courts of the Common Pleas- 2014 Mar 19 8:48 AM-12CV013835 0B714 - C86 For these additional reasons, Plaintiffs respectfully request that this Court Grant the Plaintiffs’ Motion to Continue, Respectfully submitted, /sf Robert R. Rittenhouse John P. Lavelle - 0002815 Robert R. Rittenhouse - 0079276 Attorneys for Plaintiffs Lavelle and Associates 449 E. State Street Athens, OH 45701 jlavelle@iohnplavelle.com rusty@iohnplavelle.com (740) 593-3348 - telephone (740) 594-3343 - facsimile CERTINICATE OF SERVICE The undersigned attorney hereby certifies that true copies of the foregoing Plaintiffs’ Motion to Continne Trial was served by operation of the Court’s electronic filing systera on this 19* day of March, 2014, upon L. Martin Cordero 150 East Gay Street, 22™ Floor Columbus, OH 43215-3167 martin.cordero@ohioattorneygeneral.gov Attorney for Defendant isf Robert R. Rittenhouse Jobn P. Lavelle - 0002815 Robert R. Rittenhouse - 0079276 Attorneys for Plaintiffs bo