Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Monday, March 02, 2015 10:40:59 AM
CASE_D SCR
CASE_ TYPE
DOCKET_ CODE
CV
CASE NUMBER: 2014 CV 06931 Docket ID: 19848542
2014 CV 06931
GREGORY A BRUSH
FORMSGEN YES
WORDDOC YES
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
Court
CHARLES JENKINS, CASE NO.: 2014 CV 06931
Plaintiff(s), JUDGE TIMOTHY N. O`CONNELL
Pleas
-vs-
DECISION, ORDER AND ENTRY
Common
TERESA MADISON, GRANTING DEFENDANT'S MOTION
FOR CHANGE OF VENUE
General Division
Defendant(s).
County
This matter is before the Court on Defendant Teresa Madison’s (“Defendant”) Motion for
Change of Venue that was filed on February 12, 2015. Plaintiff did not file any memoranda in
Montgomery
opposition.
I. LAW AND ANALYSIS
Defendant argues that this case should be transferred to Hamilton County Common Pleas
Court under Ohio Civil Rule 3(C). Defendant asserts that the accident occurred in Hamilton
County, Ohio and Defendant resides in Symmes Township, Hamilton County, Ohio. Based on this,
venue is not proper in Montgomery County Ohio and the case should be transferred to Hamilton
County.
“Venue is a procedural matter and connotes the locality where a lawsuit should be heard.”1
Ohio Civil Rule 3(B) states:
1
Matthews v. D’Amore, Franklin App. No. 05AP-1318, 2006 Ohio 5745 (2006).
“Any action may be venued, commenced, and decided in any court in any county. When
applied to county and municipal courts, ‘county,’ as used in this rule, shall be construed, where
appropriate, as the territorial limits of those courts. Proper venue lies in any one or more of the
following counties:
(1) The county in which the defendant resides;
(2) The county in which the defendant has his or her principal place of business;
(3) A county in which the defendant conducted activity that gave rise to the claim for relief;
(4) A county in which a public officer maintains his or her principal office if suit is brought
against the officer in the officer's official capacity;
(5) A county in which the property, or any part of the property, is situated if the subject of
the action is real property or tangible personal property;
(6) The county in which all or part of the claim for relief arose; or, if the claim for relief
arose upon a river, other watercourse, or a road, that is the boundary of the state, or of two or more
counties, in any county bordering on the river, watercourse, or road, and opposite to the place where
the claim for relief arose;
(7) In actions described in Civ. R. 4.3, in the county where plaintiff resides;
(8) In an action against an executor, administrator, guardian, or trustee, in the county in
which the executor, administrator, guardian, or trustee was appointed;
(9) In actions for divorce, annulment, or legal separation, in the county in which the plaintiff
is and has been a resident for at least ninety days immediately preceding the filing of the complaint;
(10) In actions for a civil protection order, in the county in which the petitioner currently or
temporarily resides;
(11) In tort actions involving asbestos claims, silicosis claims, or mixed dust disease claims,
only in the county in which all of the exposed plaintiffs reside, a county where all of the exposed
plaintiffs were exposed to asbestos, silica, or mixed dust, or the county in which the defendant has
his or her principal place of business.
(12) If there is no available forum in divisions (B)(1) to (B)(10) of this rule, in the county in
which plaintiff resides, has his or her principal place of business, or regularly and systematically
conducts business activity;
(13) If there is no available forum in divisions (B)(1) to (B)(11) of this rule:
(a) In a county in which defendant has property or debts owing to the defendant
subject to attachment or garnishment;
(b) In a county in which defendant has appointed an agent to receive service of
process or in which an agent has been appointed by operation of law.”
“The first nine provisions of Civ. R. 3(B) are on an equal status, and any court specified
therein may be a proper and initial place of venue. A plaintiff has a choice where an action will be
brought if any of the counties specified in Rule 3(B)(1) through (9) are a proper forum under the
facts of the case. Thus, the plaintiff is not restricted to one specific county under Rules 3(B)(1)
through (9) but may choose the county in which he prefers to commence the action.”2 “Civ. R.
2
Matthews, supra.
2
3(C)(1) states that a court shall transfer an action to a county stated to be proper in Rule 3(B) but
only when the action has been commenced in a county other than stated to be proper in Rule 3(B).”3
The Complaint states that “Defendant, Teresa Madison resides at 303 Navaho Drive,
Loveland, Ohio ***.”4 It goes on to state that the accident occurred on Interstate 275.5 The only
mention of Montgomery County, Ohio is the first paragraph, wherein Plaintiff identifies that she
resides in Montgomery County, Ohio.6 The Court notes that the accident did not occur in
Montgomery County, Ohio.7
Under Ohio Civil Rule 3(B)(1), (3), and (6), it is clear that venue is proper in Hamilton
County, Ohio and not Montgomery County, Ohio. Based on forgoing, the Court GRANTS
Defendant’s Motion for Change of Venue.
II. CONCLUSION
After duly considering the above matter, Defendant’s Motion for Change of Venue is
GRANTED. IT IS ORDERED THAT:
(1) The Clerk of Court for Montgomery County, Ohio, transfer the within matter to
Hamilton County, Ohio Court of Common Pleas; and
(2) The Clerk of this Court shall transmit all pleadings and other papers and a certified
transcript of the docket and journal entries in this action to the Clerk of the Hamilton
County Court of Common Pleas for docketing.
SO ORDERED:
JUDGE TIMOTHY N. O`CONNELL
3
Id.
4
Complaint paragraph 2.
5
Id.
6
Complaint paragraph 1.
7
Affidavit of William Mulvey paragraph 3.
3
This document is electronically filed by using the Clerk of Courts e-Filing system. The
system will post a record of the filing to the e-Filing account "Notifications" tab of the following
case participants:
ANTHONY R CICERO
(937) 424-5390
Attorney for Plaintiff, Charles Jenkins
WILLIAM J. MULVEY
(513) 621-6674 ext 114
Attorney for Defendant, Teresa Madison
Sherri Peterson, Bailiff (937) 225-4416 petersos@montcourt.org
4
General Divison
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422
Type: Decision Sustaining Motion
Case Number: 2014 CV 06931
Case Title: CHARLES JENKINS vs TERESA MADISON
So Ordered
Electronically signed by toconnell on 2015-03-02 10:41:13
page 5 of 5
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Monday, March 02, 2015 10:40:59 AM CASE_D SCR CASE_ TYPE DOCKET_ CODE CV CASE NUMBER: 2014 CV 06931 Docket ID: 19848542 2014 CV 06931 GREGORY A BRUSH FORMSGEN YES WORDDOC YES CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION Court CHARLES JENKINS, CASE NO.: 2014 CV 06931 Plaintiff(s), JUDGE TIMOTHY N. O`CONNELL Pleas -vs- DECISION, ORDER AND ENTRY Common TERESA MADISON, GRANTING DEFENDANT'S MOTION FOR CHANGE OF VENUE General Division Defendant(s). County This matter is before the Court on Defendant Teresa Madison’s (“Defendant”) Motion for Change of Venue that was filed on February 12, 2015. Plaintiff did not file any memoranda in Montgomery opposition. I. LAW AND ANALYSIS Defendant argues that this case should be transferred to Hamilton County Common Pleas Court under Ohio Civil Rule 3(C). Defendant asserts that the accident occurred in Hamilton County, Ohio and Defendant resides in Symmes Township, Hamilton County, Ohio. Based on this, venue is not proper in Montgomery County Ohio and the case should be transferred to Hamilton County. “Venue is a procedural matter and connotes the locality where a lawsuit should be heard.”1 Ohio Civil Rule 3(B) states: 1 Matthews v. D’Amore, Franklin App. No. 05AP-1318, 2006 Ohio 5745 (2006). “Any action may be venued, commenced, and decided in any court in any county. When applied to county and municipal courts, ‘county,’ as used in this rule, shall be construed, where appropriate, as the territorial limits of those courts. Proper venue lies in any one or more of the following counties: (1) The county in which the defendant resides; (2) The county in which the defendant has his or her principal place of business; (3) A county in which the defendant conducted activity that gave rise to the claim for relief; (4) A county in which a public officer maintains his or her principal office if suit is brought against the officer in the officer's official capacity; (5) A county in which the property, or any part of the property, is situated if the subject of the action is real property or tangible personal property; (6) The county in which all or part of the claim for relief arose; or, if the claim for relief arose upon a river, other watercourse, or a road, that is the boundary of the state, or of two or more counties, in any county bordering on the river, watercourse, or road, and opposite to the place where the claim for relief arose; (7) In actions described in Civ. R. 4.3, in the county where plaintiff resides; (8) In an action against an executor, administrator, guardian, or trustee, in the county in which the executor, administrator, guardian, or trustee was appointed; (9) In actions for divorce, annulment, or legal separation, in the county in which the plaintiff is and has been a resident for at least ninety days immediately preceding the filing of the complaint; (10) In actions for a civil protection order, in the county in which the petitioner currently or temporarily resides; (11) In tort actions involving asbestos claims, silicosis claims, or mixed dust disease claims, only in the county in which all of the exposed plaintiffs reside, a county where all of the exposed plaintiffs were exposed to asbestos, silica, or mixed dust, or the county in which the defendant has his or her principal place of business. (12) If there is no available forum in divisions (B)(1) to (B)(10) of this rule, in the county in which plaintiff resides, has his or her principal place of business, or regularly and systematically conducts business activity; (13) If there is no available forum in divisions (B)(1) to (B)(11) of this rule: (a) In a county in which defendant has property or debts owing to the defendant subject to attachment or garnishment; (b) In a county in which defendant has appointed an agent to receive service of process or in which an agent has been appointed by operation of law.” “The first nine provisions of Civ. R. 3(B) are on an equal status, and any court specified therein may be a proper and initial place of venue. A plaintiff has a choice where an action will be brought if any of the counties specified in Rule 3(B)(1) through (9) are a proper forum under the facts of the case. Thus, the plaintiff is not restricted to one specific county under Rules 3(B)(1) through (9) but may choose the county in which he prefers to commence the action.”2 “Civ. R. 2 Matthews, supra. 2 3(C)(1) states that a court shall transfer an action to a county stated to be proper in Rule 3(B) but only when the action has been commenced in a county other than stated to be proper in Rule 3(B).”3 The Complaint states that “Defendant, Teresa Madison resides at 303 Navaho Drive, Loveland, Ohio ***.”4 It goes on to state that the accident occurred on Interstate 275.5 The only mention of Montgomery County, Ohio is the first paragraph, wherein Plaintiff identifies that she resides in Montgomery County, Ohio.6 The Court notes that the accident did not occur in Montgomery County, Ohio.7 Under Ohio Civil Rule 3(B)(1), (3), and (6), it is clear that venue is proper in Hamilton County, Ohio and not Montgomery County, Ohio. Based on forgoing, the Court GRANTS Defendant’s Motion for Change of Venue. II. CONCLUSION After duly considering the above matter, Defendant’s Motion for Change of Venue is GRANTED. IT IS ORDERED THAT: (1) The Clerk of Court for Montgomery County, Ohio, transfer the within matter to Hamilton County, Ohio Court of Common Pleas; and (2) The Clerk of this Court shall transmit all pleadings and other papers and a certified transcript of the docket and journal entries in this action to the Clerk of the Hamilton County Court of Common Pleas for docketing. SO ORDERED: JUDGE TIMOTHY N. O`CONNELL 3 Id. 4 Complaint paragraph 2. 5 Id. 6 Complaint paragraph 1. 7 Affidavit of William Mulvey paragraph 3. 3 This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the filing to the e-Filing account "Notifications" tab of the following case participants: ANTHONY R CICERO (937) 424-5390 Attorney for Plaintiff, Charles Jenkins WILLIAM J. MULVEY (513) 621-6674 ext 114 Attorney for Defendant, Teresa Madison Sherri Peterson, Bailiff (937) 225-4416 petersos@montcourt.org 4 General Divison Montgomery County Common Pleas Court 41 N. Perry Street, Dayton, Ohio 45422 Type: Decision Sustaining Motion Case Number: 2014 CV 06931 Case Title: CHARLES JENKINS vs TERESA MADISON So Ordered Electronically signed by toconnell on 2015-03-02 10:41:13 page 5 of 5