On September 18, 2007 a
Motion,Ex Parte
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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92/27/2009 15:01 9374357511 BMSATTORNEYS PAGE
BEMNXE, MARTIN & SCHULTE, LLC
131 N. Ludlow, Ste. 840]
Payton, Ola 45402
(987) 435-7500
PAX (897) 435-7511
EAS cuURl
- COUNTY. OHI
FILED
aENVFEB2T PH 2 09
AN UNOPLOS
JAN TERK
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, OHIO
CIVIL DIVISION
HILLARY CARLSON, * Case No.: 07 CVH 09 1117
an * Judge: W. Duncan Whitney
Plaintiffs, .
vs.
DEFENDANT’S MOTION FOR
HEATHER DUNN, TELEPHONE STATUS CONFERENCE
Defendant, agg ont
NOW COMES Defendant, Heather Dunn, by and through the undersigned counsel, and
hereby respectfully requests this Court to schedule a telephone status conference in this matter at
the earliest convenience of this Court.
A Final Status Conference was scheduled in this matter on February 5, 2009 to determine
whether this matter would be heard via jury or bench trial. However, neither Defendant nor the
undersigned counsel received a copy of the Magistrate’s Order dated December 2, 2008 wherein
such status conference was scheduled. As a result, the defense did not attend the Final Status
Conference.
Since that time, the undersigned counsel has made multiple attempts to contact Plaintiffs’
counsel to ascertain whether a bench or jury trial will be held so witnesses can be notified or
subpoenaed for the appropriate trial dates. No response has been received from Plaintiffs’
counsel.
In addition, since no determination has been made whether this matter will be heard by
the bench or a jury, no deadlines have been scheduled for the filing of jury instructions, a final
pre-trial statement or trial materials.
WHEREFORE, Defendant respectfully requests this Court to schedule a telephone status
conference at the earliest convenience of this Court to resolve the pending issues set forth above.
ATA
Received Time Feb. 27, 2009 2:02PM No. 046202/27/2009 15:61 9374357511 BMSATTORNEYS PAGE 63/04
Respectfully submitted,
BEHNKE, MARTIN & SCHULTE, LLC
i) Attorhey for Defendant
‘ 131 N. Ludlow Street, Ste. 840
Dayton, Ohio 45402
Telephone: (937) 435-7500
Facsimile (937) 435-7511
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the foregoing was served upon Robert
M. Owens, Attorney for Plaintiffs, 46 North Sandusky Street, Ste. 202, via facsimile and regular
U.S. mail, postage prepaid, on the 27" day of February, 2009.
g
g
a
3
z
5 LauradMaitin, #0076590
i Attorney for Defendant
‘131 N, Ludlow. Ste. 840}
Dayton, Chilo 45402
(937) 495-7500 2
PAX (997) 433-7511
Received lime Feb. 27, 2009 2:02PM No. 0462
Preview
92/27/2009 15:01 9374357511 BMSATTORNEYS PAGE BEMNXE, MARTIN & SCHULTE, LLC 131 N. Ludlow, Ste. 840] Payton, Ola 45402 (987) 435-7500 PAX (897) 435-7511 EAS cuURl - COUNTY. OHI FILED aENVFEB2T PH 2 09 AN UNOPLOS JAN TERK IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, OHIO CIVIL DIVISION HILLARY CARLSON, * Case No.: 07 CVH 09 1117 an * Judge: W. Duncan Whitney Plaintiffs, . vs. DEFENDANT’S MOTION FOR HEATHER DUNN, TELEPHONE STATUS CONFERENCE Defendant, agg ont NOW COMES Defendant, Heather Dunn, by and through the undersigned counsel, and hereby respectfully requests this Court to schedule a telephone status conference in this matter at the earliest convenience of this Court. A Final Status Conference was scheduled in this matter on February 5, 2009 to determine whether this matter would be heard via jury or bench trial. However, neither Defendant nor the undersigned counsel received a copy of the Magistrate’s Order dated December 2, 2008 wherein such status conference was scheduled. As a result, the defense did not attend the Final Status Conference. Since that time, the undersigned counsel has made multiple attempts to contact Plaintiffs’ counsel to ascertain whether a bench or jury trial will be held so witnesses can be notified or subpoenaed for the appropriate trial dates. No response has been received from Plaintiffs’ counsel. In addition, since no determination has been made whether this matter will be heard by the bench or a jury, no deadlines have been scheduled for the filing of jury instructions, a final pre-trial statement or trial materials. WHEREFORE, Defendant respectfully requests this Court to schedule a telephone status conference at the earliest convenience of this Court to resolve the pending issues set forth above. ATA Received Time Feb. 27, 2009 2:02PM No. 046202/27/2009 15:61 9374357511 BMSATTORNEYS PAGE 63/04 Respectfully submitted, BEHNKE, MARTIN & SCHULTE, LLC i) Attorhey for Defendant ‘ 131 N. Ludlow Street, Ste. 840 Dayton, Ohio 45402 Telephone: (937) 435-7500 Facsimile (937) 435-7511 CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing was served upon Robert M. Owens, Attorney for Plaintiffs, 46 North Sandusky Street, Ste. 202, via facsimile and regular U.S. mail, postage prepaid, on the 27" day of February, 2009. g g a 3 z 5 LauradMaitin, #0076590 i Attorney for Defendant ‘131 N, Ludlow. Ste. 840} Dayton, Chilo 45402 (937) 495-7500 2 PAX (997) 433-7511 Received lime Feb. 27, 2009 2:02PM No. 0462