On September 18, 2007 a
Judgment
was filed
involving a dispute between
Carlson, Courtney,
Carlson, Hillary,
and
Dunn, Heather,
for (CV) CIVIL COMMON PLEAS
in the District Court of Delaware County.
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e eo Cp
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, OHIO
HILLARY CARLSON, et al, : On.
- o 3
us inti: 9 . e Es
° Plaintiff, 29 : a\¥ : z a ao
oF -vs- \e: : Case No. 07 CV H 09 1117 2% b&b fem
oO Q, Mo pd
HEATHER DUNN Be & 23
“oO 2 os
Defendant. 8 4 a
MAGISTRATE’S ORDER
This matter came on for hearing on November 26, 2008. Present were Robert
Owens, attorney for Plaintiffs, Heather Dunn, Defendant, and Laura Martin, attorney
for Defendant. The Plaintiffs, Hillary Carlson and Courtney Carson, did not appear. The
Court FINDS as follows:
1. The complaint in this matter was filed on August 8, 2007 in the Delaware
Municipal Court. Defendant filed an Answer and Counterclaim, with Jury
Demand on September 6, 2007. On September 10, 2007 it was transferred to this
Court. On October 4, 2007 Plaintiffs filed a Reply to Defendant’s Counterclaim.
2. This matter was previously scheduled for Jury Trial on August 12, 2008. This
trial however, was vacated because Plaintiffs’ counsel had withdrawn and they
had failed to respond to Defendants discovery requests.
3. By Entry dated August 6, 2008 the Plaintiffs and/or their counsel were ordered
to complete all Discovery in this matter before this hearing, to wit: before
December 1, 2008.
NCS AT
0003755656
JDEN4. On November 18, 2008 Robert Owens entered an appearance on behalf of the
ts Plaintiffs.
Hoek 5. Counsel for Defendant advised that Plaintiffs have not yet complied with all
won discovery requests as ordered and they did not attend a scheduled deposition.
The Plaintiffs have “responded” to Defendants First Requests for Admissions.
6. Counsel for Plaintiff advised that he believed that Plaintiffs response to
Defendants discovery requests would be completed by the end of today and that
he would reschedule the missed deposition.
7. The Defendant advised that she is willing to waive jury if Plaintiffs consented.
Mr. Owens advised that he could not consent without consulting with his clients.
Therefore, it is hereby ORDERED as follows:
1. This matter shall be scheduled for a Jury Trial on March 26, 2009 at 8:30
a.m,
2. Inthe event that the parties waive a Jury, then this matter shall be scheduled for
a Bench Trial on March 16, 2009 at 9:00 a.m.
3. This matter shall be scheduled for a FINAL STATUS CONFERENCE on
February 5, 2009 at 4:00 p.m. for purposes of determining whether this
matter will be heard by a jury or by the bench.
Tae Leon
TERRIE L. CLINGER, MAGISTRATE
ROBERT M. OWENS, 46 North SanduskyStreet, Suite 202, Delaware, Ohio 430
HILLARY CARLSON, 5106 Miller-Paul Road, Westerville, Ohio 43082
COURTNEY CARLSON, 5106 Miller-Paul Road, Westerville, Ohio 43082
LAURA J MARTIN, 131 N. Ludlow Street, Suite 840, Dayton, Ohio 45402
Preview
e eo Cp IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, OHIO HILLARY CARLSON, et al, : On. - o 3 us inti: 9 . e Es ° Plaintiff, 29 : a\¥ : z a ao oF -vs- \e: : Case No. 07 CV H 09 1117 2% b&b fem oO Q, Mo pd HEATHER DUNN Be & 23 “oO 2 os Defendant. 8 4 a MAGISTRATE’S ORDER This matter came on for hearing on November 26, 2008. Present were Robert Owens, attorney for Plaintiffs, Heather Dunn, Defendant, and Laura Martin, attorney for Defendant. The Plaintiffs, Hillary Carlson and Courtney Carson, did not appear. The Court FINDS as follows: 1. The complaint in this matter was filed on August 8, 2007 in the Delaware Municipal Court. Defendant filed an Answer and Counterclaim, with Jury Demand on September 6, 2007. On September 10, 2007 it was transferred to this Court. On October 4, 2007 Plaintiffs filed a Reply to Defendant’s Counterclaim. 2. This matter was previously scheduled for Jury Trial on August 12, 2008. This trial however, was vacated because Plaintiffs’ counsel had withdrawn and they had failed to respond to Defendants discovery requests. 3. By Entry dated August 6, 2008 the Plaintiffs and/or their counsel were ordered to complete all Discovery in this matter before this hearing, to wit: before December 1, 2008. NCS AT 0003755656 JDEN4. On November 18, 2008 Robert Owens entered an appearance on behalf of the ts Plaintiffs. Hoek 5. Counsel for Defendant advised that Plaintiffs have not yet complied with all won discovery requests as ordered and they did not attend a scheduled deposition. The Plaintiffs have “responded” to Defendants First Requests for Admissions. 6. Counsel for Plaintiff advised that he believed that Plaintiffs response to Defendants discovery requests would be completed by the end of today and that he would reschedule the missed deposition. 7. The Defendant advised that she is willing to waive jury if Plaintiffs consented. Mr. Owens advised that he could not consent without consulting with his clients. Therefore, it is hereby ORDERED as follows: 1. This matter shall be scheduled for a Jury Trial on March 26, 2009 at 8:30 a.m, 2. Inthe event that the parties waive a Jury, then this matter shall be scheduled for a Bench Trial on March 16, 2009 at 9:00 a.m. 3. This matter shall be scheduled for a FINAL STATUS CONFERENCE on February 5, 2009 at 4:00 p.m. for purposes of determining whether this matter will be heard by a jury or by the bench. Tae Leon TERRIE L. CLINGER, MAGISTRATE ROBERT M. OWENS, 46 North SanduskyStreet, Suite 202, Delaware, Ohio 430 HILLARY CARLSON, 5106 Miller-Paul Road, Westerville, Ohio 43082 COURTNEY CARLSON, 5106 Miller-Paul Road, Westerville, Ohio 43082 LAURA J MARTIN, 131 N. Ludlow Street, Suite 840, Dayton, Ohio 45402