On March 28, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Harley Shepherd,
and
John Beckner,
Montgomery County Board Of Commissioners,
Montgomery County Dept Environmental Services,
for JOHN BECKNER
in the District Court of Montgomery County.
Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, July 24, 2014 11:22:28 AM
CASE NUMBER: 2013 CV 01972 Docket ID: 19294149
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
HARLEY SHEPHERD, : CASE NO. 2013-CV-01972
Plaintiff, : (Judge Dennis J. Adkins)
v. :
MONTGOMERY COUNTY BOARD OF : DEFENDANTS’ MOTION TO STAY
COUNTY COMMISSIONERS, et al. DISCOVERY AND TRIAL DEADLINES
:
Defendants.
Come now the Defendants, Montgomery County Board of County
Commissioners and John Beckner, by and through counsel, and hereby respectfully
move this Honorable Court to stay discovery and trial deadlines in the instant matter for
the reasons stated below.
Defendants filed a Motion for Summary Judgment regarding the sole count of the
Complaint on May 30, 2014. Plaintiff filed a response on June 30, 2012 and
Defendants’ filed a reply on July 8, 2014. The parties are currently awaiting a ruling on
the motion at this time. A ruling granting the request for summary judgment would be
dispositive of this matter due to the there being a sole count in the Complaint.
A jury trial on this matter is currently scheduled for August 18, 2014 and final
deadlines are approaching, including the deadline for trial materials exchange of July
24, 2014. These deadlines and final decisions about case presentation may be affected
by the Court’s decision on the Motion for Summary Judgment.
Defendants therefore respectfully request that all further discovery deadlines be
stayed until such time as the Motion for Summary Judgment is determined.
Respectfully submitted,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
By: s/Todd M. Ahearn
Todd M. Ahearn, #0069674
Assistant Prosecuting Attorney
Montgomery County Prosecutor’s Office
301 West Third Street
P.O. Box 972
Dayton, Ohio 45422
Telephone: (937) 496-6870
Fax Number: (937) 225-4822
E-mail: ahearnt@mcohio.org
Attorney for Defendants John Beckner and
Montgomery County Board of County
Commissioners
CERTIFICATE OF SERVICE
I hereby certify that on July 24, 2014, the foregoing document was served on all
parties or their counsel of record through the Montgomery County Electronic Filing
System, if they are registered users or, if they are not, by placing a true and correct
copy in the United States mail, postage prepaid, to their address of record.
s/Todd M. Ahearn
Todd M. Ahearn #0069674
Assistant Prosecuting Attorney
2
Document Filed Date
July 24, 2014
Case Filing Date
March 28, 2013
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Thursday, July 24, 2014 11:22:28 AM CASE NUMBER: 2013 CV 01972 Docket ID: 19294149 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CIVIL DIVISION HARLEY SHEPHERD, : CASE NO. 2013-CV-01972 Plaintiff, : (Judge Dennis J. Adkins) v. : MONTGOMERY COUNTY BOARD OF : DEFENDANTS’ MOTION TO STAY COUNTY COMMISSIONERS, et al. DISCOVERY AND TRIAL DEADLINES : Defendants. Come now the Defendants, Montgomery County Board of County Commissioners and John Beckner, by and through counsel, and hereby respectfully move this Honorable Court to stay discovery and trial deadlines in the instant matter for the reasons stated below. Defendants filed a Motion for Summary Judgment regarding the sole count of the Complaint on May 30, 2014. Plaintiff filed a response on June 30, 2012 and Defendants’ filed a reply on July 8, 2014. The parties are currently awaiting a ruling on the motion at this time. A ruling granting the request for summary judgment would be dispositive of this matter due to the there being a sole count in the Complaint. A jury trial on this matter is currently scheduled for August 18, 2014 and final deadlines are approaching, including the deadline for trial materials exchange of July 24, 2014. These deadlines and final decisions about case presentation may be affected by the Court’s decision on the Motion for Summary Judgment. Defendants therefore respectfully request that all further discovery deadlines be stayed until such time as the Motion for Summary Judgment is determined. Respectfully submitted, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY By: s/Todd M. Ahearn Todd M. Ahearn, #0069674 Assistant Prosecuting Attorney Montgomery County Prosecutor’s Office 301 West Third Street P.O. Box 972 Dayton, Ohio 45422 Telephone: (937) 496-6870 Fax Number: (937) 225-4822 E-mail: ahearnt@mcohio.org Attorney for Defendants John Beckner and Montgomery County Board of County Commissioners CERTIFICATE OF SERVICE I hereby certify that on July 24, 2014, the foregoing document was served on all parties or their counsel of record through the Montgomery County Electronic Filing System, if they are registered users or, if they are not, by placing a true and correct copy in the United States mail, postage prepaid, to their address of record. s/Todd M. Ahearn Todd M. Ahearn #0069674 Assistant Prosecuting Attorney 2