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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
LARRY NEWMAN
Plaintiff, Case No: 22CV005155
VS. Judge Holbrook
HEATHER M TALBOTT
Defendant.
LARRY NEWMAN
Plaintiff, Case No: 22CV005196
VS. Judge Holbrook
GABRIEL MODER
Defendant.
LARRY NEWMAN
Plaintiff, Case No: 22CV007648
VS. Judge Holbrook
GOODWILL COLUMBUS
Defendant.
LARRY NEWMAN
Plaintiff, Case No: 22CV007711
VS. Judge Holbrook
JAMES W CARR
Defendant.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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PLAINTIFF’S FIRST MOTION TO AMEND CASE SCHEDULE
I, plaintiff Mr. Newman, hereby respectfully motion this Court to amend the case
schedule, on the grounds that this motion is sought in good faith, promotes justice, and does not
cause prejudice to the opposing parties. This motion is appropriate because of the significant
delay caused by motions of Defendants Goodwill and Talbott
The proposed order will be filed in conjunction with this motion.
Respectfully Submitted,
/s/ Larry Newman
Larry Newman
971 Melrose Blvd
Pickerington, OH 43147
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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MEMORANDUM IN SUPPORT
All four cases listed above were consolidated on May 1, 2023 and ordered to follow the
case schedule for case number 22CV007711. Pre-trial is currently set for October 23, 2023. Trial
is currently set for November 6, 2023
My proposed new dates for the case schedule are as follows:
¢ Discovery Cutoff — February 22, 2024
¢ Dispositive Motion Deadline — March 22, 2024
¢ Final Pre-Trial Conference — May 22, 2024
* Trial Date — June 22, 2024
Iam filing this motion on the grounds that it is necessary because of the actions of
Defendants Goodwill Columbus and Talbott. My proposed changes to the case schedule are due
to the tremendous delay caused by the Motion to Dismiss and Motion to Stay Discovery filed by
Defendant Goodwill Columbus and Motion to Stay Discovery filed by Defendant Talbott.
Defendant Goodwill filed a Motion to Dismiss and Motion to Stay Discovery on
November 29, 2022. Defendant Talbott also filed a Motion to Stay Discovery on November 29,
2022. Goodwill’s Motion to Stay Discovery was granted by the Court on December 21, 2022.
Talbott’s Motion to Stay Discovery was granted on December 29, 2022. Talbott’s Motion to Stay
lasted until May 1, 2023 when the Court ordered a consolidation of the cases. Goodwill’s Motion
To Stay lasted until May 19, 2023 when the Court decided upon their MTD.
When the Court granted both Defendants’ Stay of Discovery I was ensured that I would
be given the opportunity to conduct discovery when the MTD was denied:
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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granted in pari, the scope of discovery would be narrowed. The Court will ensare that Plaintd?is
given an opportunity to engage In discovery if the Motion to Dismiss is denied. Therefore, so
sa
Since May 19" I have only had the opportunity to conduct two Requests for Production
of Documents [6-1-23, 7-10-23] and one set of Interrogatories [7-10-23] for both Goodwill
Columbus and Talbott!. Goodwill’s and Talbott’ s responses to these discovery requests contain
improper, inadequate answers and a total disregard to fully cooperate with me. Many of
Goodwill’s answers to my discovery requests only serve to further delay my ability to properly
conduct discovery. Goodwill ignored my second request for documents that I filed on July 10,
2023 and completely failed to respond to the request.
As required by the Civil Practice Guidelines, I have attempted in good faith on numerous
occasions to discuss this motion with Mr. Moder’s counsel Nathaniel Hurst, Talbott’s and
Goodwill’s counsel Frank Reed, and pro se defendant Mr. Carr. Mr. Hurst is the only person
that has shown me courtesy in this matter. Mr. Hurst has agreed to my proposed changes
to the case schedule”.
Mr. Reed and Mr. Carr have failed to respond to my emails regarding this matter and
therefore I do not know whether or not they’ll oppose this motion.
Ihave attempted on many occasions to communicate with Goodwill’s and Talbott’s
counsel Mr. Reed in order to coordinate a new case schedule, but Mr. Reed has refused to
communicate with me on this matter since May 22, 2023, which was my first attempt to
speak with him about amending the case schedule.
TT have two discovery requests from August 2023 that have not yet been answered by Goodwill.
> Defendant Moder also filed a Motion to Dismiss that delayed my discovery efforts, but Mr. Hurst’s cooperation
alleviates this delay.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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sy
&
e Nige. Alan
Frank,
‘What ig the ETA on the documents
fravm ayy Gist angus for documents?
Que fo the sy ‘fay caumed bythe MTD ye alien cegive nig proper Sine $y oandisat diacovery: As
saguinn’ by the ads | anvanndy ih you, fo you have any kates SAGHHOSE
Chawe,
ike
Since sending the email above, I have sent approximately ten more emails to Mr. Reed
in an attempt to confer with him about amending the case schedule. He has intentionally ignored
every email I have sent him. I’ve attempted to speak with Mr. Reed on the phone as well, but
those phone calls were also ignored. Furthermore, I have attempted to coordinate depositions of
Mr. Reed’s clients, but he has also intentionally ignored all of my efforts to schedule depositions.
I was preparing to file a motion to amend the case schedule in the first week of July 2023,
but I was forced to put this effort aside because Defendants Goodwill and Talbott each filed a
vexatious Motion for Summary Judgment on July 5, 2023. These summary judgment motions
have added even more delay to my efforts to conduct discovery. Instead of working on amending
the case schedule I had to focus all of my attention to responding these bad faith motions filed by
Goodwill and Talbott.
In the name of justice, it is vitally important that am I given the proper opportunity to
conduct depositions and additional discovery as needed. The motions filed by Defendants
Talbott and Goodwill have tremendously hindered my discovery efforts and have caused undue
delay to my lawsuit. My Motion to Amend the Case Schedule clearly does not prejudice the
defendants. On the contrary, the actions of Goodwill and Talbott have extremely prejudiced me.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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For these reasons I respectfully request the Court to grant me permission to amend the
case schedule.
Respectfully Submitted,
/s/ Larry Newman
Larry Newman
971 Melrose Blvd
Pickerington, OH 43147
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711
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CERTIFICATE OF SERVICE
A copy of the foregoing has been served via email and through the Court’s electronic filing
system on September 7, 2023, upon the following:
Frank J Reed Jr
freed@fbtlaw.com
Nathaniel Hurst
nhurst@reesepyle.com
James W Carr
jjarcarr@gmail.com
By: /s/ Larry Newman
Larry Newman
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO LARRY NEWMAN Plaintiff, Case No: 22CV005155 VS. Judge Holbrook HEATHER M TALBOTT Defendant. LARRY NEWMAN Plaintiff, Case No: 22CV005196 VS. Judge Holbrook GABRIEL MODER Defendant. LARRY NEWMAN Plaintiff, Case No: 22CV007648 VS. Judge Holbrook GOODWILL COLUMBUS Defendant. LARRY NEWMAN Plaintiff, Case No: 22CV007711 VS. Judge Holbrook JAMES W CARR Defendant. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 PLAINTIFF’S FIRST MOTION TO AMEND CASE SCHEDULE I, plaintiff Mr. Newman, hereby respectfully motion this Court to amend the case schedule, on the grounds that this motion is sought in good faith, promotes justice, and does not cause prejudice to the opposing parties. This motion is appropriate because of the significant delay caused by motions of Defendants Goodwill and Talbott The proposed order will be filed in conjunction with this motion. Respectfully Submitted, /s/ Larry Newman Larry Newman 971 Melrose Blvd Pickerington, OH 43147 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 MEMORANDUM IN SUPPORT All four cases listed above were consolidated on May 1, 2023 and ordered to follow the case schedule for case number 22CV007711. Pre-trial is currently set for October 23, 2023. Trial is currently set for November 6, 2023 My proposed new dates for the case schedule are as follows: ¢ Discovery Cutoff — February 22, 2024 ¢ Dispositive Motion Deadline — March 22, 2024 ¢ Final Pre-Trial Conference — May 22, 2024 * Trial Date — June 22, 2024 Iam filing this motion on the grounds that it is necessary because of the actions of Defendants Goodwill Columbus and Talbott. My proposed changes to the case schedule are due to the tremendous delay caused by the Motion to Dismiss and Motion to Stay Discovery filed by Defendant Goodwill Columbus and Motion to Stay Discovery filed by Defendant Talbott. Defendant Goodwill filed a Motion to Dismiss and Motion to Stay Discovery on November 29, 2022. Defendant Talbott also filed a Motion to Stay Discovery on November 29, 2022. Goodwill’s Motion to Stay Discovery was granted by the Court on December 21, 2022. Talbott’s Motion to Stay Discovery was granted on December 29, 2022. Talbott’s Motion to Stay lasted until May 1, 2023 when the Court ordered a consolidation of the cases. Goodwill’s Motion To Stay lasted until May 19, 2023 when the Court decided upon their MTD. When the Court granted both Defendants’ Stay of Discovery I was ensured that I would be given the opportunity to conduct discovery when the MTD was denied: Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 granted in pari, the scope of discovery would be narrowed. The Court will ensare that Plaintd?is given an opportunity to engage In discovery if the Motion to Dismiss is denied. Therefore, so sa Since May 19" I have only had the opportunity to conduct two Requests for Production of Documents [6-1-23, 7-10-23] and one set of Interrogatories [7-10-23] for both Goodwill Columbus and Talbott!. Goodwill’s and Talbott’ s responses to these discovery requests contain improper, inadequate answers and a total disregard to fully cooperate with me. Many of Goodwill’s answers to my discovery requests only serve to further delay my ability to properly conduct discovery. Goodwill ignored my second request for documents that I filed on July 10, 2023 and completely failed to respond to the request. As required by the Civil Practice Guidelines, I have attempted in good faith on numerous occasions to discuss this motion with Mr. Moder’s counsel Nathaniel Hurst, Talbott’s and Goodwill’s counsel Frank Reed, and pro se defendant Mr. Carr. Mr. Hurst is the only person that has shown me courtesy in this matter. Mr. Hurst has agreed to my proposed changes to the case schedule”. Mr. Reed and Mr. Carr have failed to respond to my emails regarding this matter and therefore I do not know whether or not they’ll oppose this motion. Ihave attempted on many occasions to communicate with Goodwill’s and Talbott’s counsel Mr. Reed in order to coordinate a new case schedule, but Mr. Reed has refused to communicate with me on this matter since May 22, 2023, which was my first attempt to speak with him about amending the case schedule. TT have two discovery requests from August 2023 that have not yet been answered by Goodwill. > Defendant Moder also filed a Motion to Dismiss that delayed my discovery efforts, but Mr. Hurst’s cooperation alleviates this delay. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 sy & e Nige. Alan Frank, ‘What ig the ETA on the documents fravm ayy Gist angus for documents? Que fo the sy ‘fay caumed bythe MTD ye alien cegive nig proper Sine $y oandisat diacovery: As saguinn’ by the ads | anvanndy ih you, fo you have any kates SAGHHOSE Chawe, ike Since sending the email above, I have sent approximately ten more emails to Mr. Reed in an attempt to confer with him about amending the case schedule. He has intentionally ignored every email I have sent him. I’ve attempted to speak with Mr. Reed on the phone as well, but those phone calls were also ignored. Furthermore, I have attempted to coordinate depositions of Mr. Reed’s clients, but he has also intentionally ignored all of my efforts to schedule depositions. I was preparing to file a motion to amend the case schedule in the first week of July 2023, but I was forced to put this effort aside because Defendants Goodwill and Talbott each filed a vexatious Motion for Summary Judgment on July 5, 2023. These summary judgment motions have added even more delay to my efforts to conduct discovery. Instead of working on amending the case schedule I had to focus all of my attention to responding these bad faith motions filed by Goodwill and Talbott. In the name of justice, it is vitally important that am I given the proper opportunity to conduct depositions and additional discovery as needed. The motions filed by Defendants Talbott and Goodwill have tremendously hindered my discovery efforts and have caused undue delay to my lawsuit. My Motion to Amend the Case Schedule clearly does not prejudice the defendants. On the contrary, the actions of Goodwill and Talbott have extremely prejudiced me. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 For these reasons I respectfully request the Court to grant me permission to amend the case schedule. Respectfully Submitted, /s/ Larry Newman Larry Newman 971 Melrose Blvd Pickerington, OH 43147 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Sep 07 1:13 AM-22CV007711 0G534 - L7 CERTIFICATE OF SERVICE A copy of the foregoing has been served via email and through the Court’s electronic filing system on September 7, 2023, upon the following: Frank J Reed Jr freed@fbtlaw.com Nathaniel Hurst nhurst@reesepyle.com James W Carr jjarcarr@gmail.com By: /s/ Larry Newman Larry Newman