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IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, OHIO
CIVIL DIVISION
Hillary Carlson dba Wingate Farm, et al.,
Sa.
: CaseNo. 07 CVH09 1417 8 eS
Se Ea
oe $e
~ Plaintiffs, : Judge W. Duncan Witney B 25 .
a ez & Fae
Oh v. Mo oS
“ae Zz 2 Ze
a *S = 23
u Heather Dunn, cr 3s
om EZ
an
Defendant. °
MEMORANDUM CONTRA DEFENDANT’S MOTION FOR
TELEPHONE STATUS CONFERENCE
Defendants were a no call/no show for the hearing before this court set for February 5, 2009.
Plaintiffs now oppose Defendant’s motion for a telephone status conference for the reason that any
status conference held on this matter should be done in Court and not by telephone. This is especially
the case as Defendant Heather Dunn has cither been grossly late or has outright missed multiple
court appearances,
If the Court is inclined to give Defendant a pass for her multiple failures to comply with Court
notices, Plaintiff simply requests that any status or pre-trial conference be held in person, in Court and
not over the telephone.
Contrary to the assertions of Defendant, Plaintiff has maintained regular contact (See Exhibits
1 & 2) and Defendant essentially let this case sit with no action for nearly three months.
nN o7 CV HOS
I
INTE IM
ia 00011264958
MEMO.
Page 1 of 2Respectfully submitted,
Owens Law Office, LPA
Robert M. Owen: 169866)
46 North Sandusky Street, Suite 202
Delaware, OH 43015
(740) 368-0008
(740) 368-0007 (fax)
robert@owenslawoffice.com
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing document was mailed by regular U.S. Mail to the
following on this 3 day of March 2009 ; Laura J. Martin, 131 N. Ludlow Street, Suite 840,
Dayton, OH 45402.
Robert M. ms
Page 2 of 2@ e ,
~ Owens Law Office FILE COPY
A Legal Professional Association
46 North Sandusky Street Robert M. Owens "740-368-0008
Suite 202 Attorney at Law Fax - 740-368-0007
Delaware, OH 43015 www.owenslawoffice.com
December 1, 2008
Laura J. Martin
Behnke, Martin & Schulte, LLC VIA FAX AND U.S. MAIL: (937) 435-7511
.131-North Ludlow Street, Suite 840 :
-Dayton, OH 45402 il Total Page(s)
Re: Hillary Carlson, dba Wingate Farm, et al, v. Heather Dunn r
07 CVH 09 1117
Dear Ms. Martin:
Tenclose responses to your discovery requests. | am sending the documents (over 100 pages) under
separate cover. Note that there are a few areas that involve confidential proprietary business information. .
Iam willing to share that information subject to a confidentiality agreement or in camera inspection if you
need it. Let me know if that is the case. Some items are not easily accessible and will be supplemented,
hopefully this week. :
_..° Ag for depositions, I believe that we should at least pick some dates so that we do not have
_ scheduling conflicts. 1 understand that you do not want to schedule the depositions at all right now but
picking some dates would at least prevent conflicts from occurring. Given that we have a March trial
date, we should get some dates on the book. I would suggest that we pick three or four days to complete
the depositions. :
sot hope to review your supplemental responses this week and will get back you soonest,
Very truly yours, . : .
OWENS LAW OFFICE,LPA.
we ba Robert M. Owéh:
/-* RMOAmo * . of
Enclosures’ :
cc: Hillary Carlson
‘To ve, rather thaw to seem to be"~ Attorney at Law
ebriery 26,2009
to your letter of February 24: and to notify you' ‘that we: “asked: the out
5 held on February 5;.2009, After-the Court made a-number of attempts.
e.of the ‘February 5, 2009 hearing; the Court directed ime to.file: a Motion: for. D aut:
As 1 have stated a number of timés, I am: willing to work cooperatively, with ye you to complete :
‘iseonety in. this « se -As you may recall, I sent.a letter to you three months ago.on this very matter
“a “If we are have a hearing, I would prefer that it be in person i in Court and. that all issues: relative t t
LS pre-trial-be. led’ ‘upon at thet time. .
Very truly. yours, .
OWENS LAW OFFICE, A
Le RMO/tmo
‘ec: Hilary Carlson oo / ve
"To be, rather than to seem to be”
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IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, OHIO CIVIL DIVISION Hillary Carlson dba Wingate Farm, et al., Sa. : CaseNo. 07 CVH09 1417 8 eS Se Ea oe $e ~ Plaintiffs, : Judge W. Duncan Witney B 25 . a ez & Fae Oh v. Mo oS “ae Zz 2 Ze a *S = 23 u Heather Dunn, cr 3s om EZ an Defendant. ° MEMORANDUM CONTRA DEFENDANT’S MOTION FOR TELEPHONE STATUS CONFERENCE Defendants were a no call/no show for the hearing before this court set for February 5, 2009. Plaintiffs now oppose Defendant’s motion for a telephone status conference for the reason that any status conference held on this matter should be done in Court and not by telephone. This is especially the case as Defendant Heather Dunn has cither been grossly late or has outright missed multiple court appearances, If the Court is inclined to give Defendant a pass for her multiple failures to comply with Court notices, Plaintiff simply requests that any status or pre-trial conference be held in person, in Court and not over the telephone. Contrary to the assertions of Defendant, Plaintiff has maintained regular contact (See Exhibits 1 & 2) and Defendant essentially let this case sit with no action for nearly three months. nN o7 CV HOS I INTE IM ia 00011264958 MEMO. Page 1 of 2Respectfully submitted, Owens Law Office, LPA Robert M. Owen: 169866) 46 North Sandusky Street, Suite 202 Delaware, OH 43015 (740) 368-0008 (740) 368-0007 (fax) robert@owenslawoffice.com Attorney for Plaintiffs CERTIFICATE OF SERVICE I certify that a true copy of the foregoing document was mailed by regular U.S. Mail to the following on this 3 day of March 2009 ; Laura J. Martin, 131 N. Ludlow Street, Suite 840, Dayton, OH 45402. Robert M. ms Page 2 of 2@ e , ~ Owens Law Office FILE COPY A Legal Professional Association 46 North Sandusky Street Robert M. Owens "740-368-0008 Suite 202 Attorney at Law Fax - 740-368-0007 Delaware, OH 43015 www.owenslawoffice.com December 1, 2008 Laura J. Martin Behnke, Martin & Schulte, LLC VIA FAX AND U.S. MAIL: (937) 435-7511 .131-North Ludlow Street, Suite 840 : -Dayton, OH 45402 il Total Page(s) Re: Hillary Carlson, dba Wingate Farm, et al, v. Heather Dunn r 07 CVH 09 1117 Dear Ms. Martin: Tenclose responses to your discovery requests. | am sending the documents (over 100 pages) under separate cover. Note that there are a few areas that involve confidential proprietary business information. . Iam willing to share that information subject to a confidentiality agreement or in camera inspection if you need it. Let me know if that is the case. Some items are not easily accessible and will be supplemented, hopefully this week. : _..° Ag for depositions, I believe that we should at least pick some dates so that we do not have _ scheduling conflicts. 1 understand that you do not want to schedule the depositions at all right now but picking some dates would at least prevent conflicts from occurring. Given that we have a March trial date, we should get some dates on the book. I would suggest that we pick three or four days to complete the depositions. : sot hope to review your supplemental responses this week and will get back you soonest, Very truly yours, . : . OWENS LAW OFFICE,LPA. we ba Robert M. Owéh: /-* RMOAmo * . of Enclosures’ : cc: Hillary Carlson ‘To ve, rather thaw to seem to be"~ Attorney at Law ebriery 26,2009 to your letter of February 24: and to notify you' ‘that we: “asked: the out 5 held on February 5;.2009, After-the Court made a-number of attempts. e.of the ‘February 5, 2009 hearing; the Court directed ime to.file: a Motion: for. D aut: As 1 have stated a number of timés, I am: willing to work cooperatively, with ye you to complete : ‘iseonety in. this « se -As you may recall, I sent.a letter to you three months ago.on this very matter “a “If we are have a hearing, I would prefer that it be in person i in Court and. that all issues: relative t t LS pre-trial-be. led’ ‘upon at thet time. . Very truly. yours, . OWENS LAW OFFICE, A Le RMO/tmo ‘ec: Hilary Carlson oo / ve "To be, rather than to seem to be”