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CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
KEN MORGAN, CASE NO.: CV 2022-02-0622
Plaintiff,
vs. JUDGE JOY MALEK OLDFIELD
RUSSEL MORGAN, ET AL.,
DEFENDANTS’ MOTION TO DISMISS
Defendant. FOR IMPROPER VENUE
This case is a refiled Portage County matter involving residents of Portage County and
their respective businesses. The Complaint itself is devoid of any ties to Summit County. For these
reasons and pursuant to Civ.R. 12(B)(3), Defendants Russel and Sandra Morgan, Alarm 1 LLC,
and Security USA, LLC, request an order dismissing this suit for improper venue.
I. STATEMENT OF THE CASE
This action was originally filed January 23, 2020 in Portage County Ohio Common Pleas
Court, Case No. 2020 CV 00059. There, the matter was pending for almost two full years with a
lengthy discovery period that did not close until September 7, 2021. During the pendency of the
case, it was referred to Portage County’s mediation department three separate times. On the eve of
trial, the case was dismissed without prejudice by agreement of the parties on or about December
2, 2021. The matter was dismissed following representations by Plaintiff that the parties would
attempt settlement discussions over the holidays. Plaintiff, however, made no attempt to do so and
instead refiled this action in a new county with no ties to the original litigation or the parties.
Simply put, venue in Summit County is not proper. Defendants and Plaintiff are located in
Portage County, Ohio. The Defendant corporations’ principal places of business are located in
Sandra Kurt, Summit County Clerk of Courts
CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 2 of 4
Portage County. Russel and Sandra Morgan are residents of Atwater, Portage County, Ohio.
Plaintiff himself is a resident of Hartville, Stark County, Ohio. Outside of the caption on Plaintiff’s
pleading, the Complaint itself is devoid of any reference to Summit County.
II. LAW AND ARGUMENT
Civ. R. 3(B) provides twelve different locations where venue is proper. Among these are
(1) the county in which the defendant resides; (2) the county in which the defendant has his or her
principal place of business; (3) a county in which the defendant conducted activity that gave rise
to the claim for relief; or (6) the county in which all or part of the claim for relief arose. The
“purpose of Civil Rule 3(B) is to bring all the venue provisions into one place for ease of reference
and to provide a forum that is both convenient for the purpose of trial and fair to the defendant.”
Varketta v. General Motors Corp., 34 Ohio App.2d 1, 6 (1973). As well, the law favors suits in
places where the defendant resides or has a close connection or where the actions giving rise to
the suit occurred. Id. at 7.
In the present case, nothing in the Complaint gives rise to proper venue in Summit County
under Civ.R. 3(B).
Even if venue were somehow proper in Summit County, the case should, nonetheless, be
litigated in Portage County under the long-standing common law doctrine of forum non
conveniens. See, e.g., Davis v. Bernhart, 8th Dist. Cuyahoga No. 57454, 1990 Ohio App. LEXIS
5046 (Nov. 21, 1990) (noting that the doctrine of forum non conveniens is consistent with and
does not conflict with the purposes of Civ. R. 3(B)) (citing Chambers v. Merrell-Dow
Pharmaceutical, Inc., 35 Ohio St.3d 123 (1988). The principle of forum non conveniens is that a
court may resist jurisdiction even when jurisdiction is authorized when the interests of the parties
and of the public so dictate. Gulf Oil Corp. v. Gilbert 330 U.S. 501, 507 (1947).
2
Sandra Kurt, Summit County Clerk of Courts
CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 3 of 4
Plaintiff has alleged breach of contract against Russel and Sandra Morgan and Dr.
(Complaint ¶¶ 2-5). Both Defendants are located in Portage County, residents of Portage County,
and the alleged breach occurred in Portage County. Plaintiff is a resident of Portage County. Both
Defendant corporations have significant ties to Portage County and have headquarters there. The
Portage County Common Pleas is also well-suited to hear this matter having already overseen
twenty-three months of litigation between the parties already. Venue is appropriate in Portage
County and in Portage County alone.
CONCLUSION
For the reasons set forth herein, Defendants respectfully request that pursuant to Civ.R.
12(B)(3), this matter be dismissed or transferred to the Portage County Court of Common Pleas.
Respectfully submitted,
DICAUDO, PITCHFORD & YODER, LLC
/s/Benjamin R. Sorber
Benjamin R. Sorber (0092739)
209 South Main Street, Third Floor
Akron, Ohio 44308-1321
Telephone: 330.762.7477
Facsimile: 330.762.8059
Email: bsorber@dpylaw.com
Attorney for Defendants
3
Sandra Kurt, Summit County Clerk of Courts
CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 4 of 4
CERTIFICATE OF SERVICE
The foregoing was served up all counsel of record upon its filing via the Clerk of Court’s
electronic filing system.
/s/Benjamin R. Sorber
Benjamin R. Sorber
4
Sandra Kurt, Summit County Clerk of Courts
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CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO KEN MORGAN, CASE NO.: CV 2022-02-0622 Plaintiff, vs. JUDGE JOY MALEK OLDFIELD RUSSEL MORGAN, ET AL., DEFENDANTS’ MOTION TO DISMISS Defendant. FOR IMPROPER VENUE This case is a refiled Portage County matter involving residents of Portage County and their respective businesses. The Complaint itself is devoid of any ties to Summit County. For these reasons and pursuant to Civ.R. 12(B)(3), Defendants Russel and Sandra Morgan, Alarm 1 LLC, and Security USA, LLC, request an order dismissing this suit for improper venue. I. STATEMENT OF THE CASE This action was originally filed January 23, 2020 in Portage County Ohio Common Pleas Court, Case No. 2020 CV 00059. There, the matter was pending for almost two full years with a lengthy discovery period that did not close until September 7, 2021. During the pendency of the case, it was referred to Portage County’s mediation department three separate times. On the eve of trial, the case was dismissed without prejudice by agreement of the parties on or about December 2, 2021. The matter was dismissed following representations by Plaintiff that the parties would attempt settlement discussions over the holidays. Plaintiff, however, made no attempt to do so and instead refiled this action in a new county with no ties to the original litigation or the parties. Simply put, venue in Summit County is not proper. Defendants and Plaintiff are located in Portage County, Ohio. The Defendant corporations’ principal places of business are located in Sandra Kurt, Summit County Clerk of Courts CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 2 of 4 Portage County. Russel and Sandra Morgan are residents of Atwater, Portage County, Ohio. Plaintiff himself is a resident of Hartville, Stark County, Ohio. Outside of the caption on Plaintiff’s pleading, the Complaint itself is devoid of any reference to Summit County. II. LAW AND ARGUMENT Civ. R. 3(B) provides twelve different locations where venue is proper. Among these are (1) the county in which the defendant resides; (2) the county in which the defendant has his or her principal place of business; (3) a county in which the defendant conducted activity that gave rise to the claim for relief; or (6) the county in which all or part of the claim for relief arose. The “purpose of Civil Rule 3(B) is to bring all the venue provisions into one place for ease of reference and to provide a forum that is both convenient for the purpose of trial and fair to the defendant.” Varketta v. General Motors Corp., 34 Ohio App.2d 1, 6 (1973). As well, the law favors suits in places where the defendant resides or has a close connection or where the actions giving rise to the suit occurred. Id. at 7. In the present case, nothing in the Complaint gives rise to proper venue in Summit County under Civ.R. 3(B). Even if venue were somehow proper in Summit County, the case should, nonetheless, be litigated in Portage County under the long-standing common law doctrine of forum non conveniens. See, e.g., Davis v. Bernhart, 8th Dist. Cuyahoga No. 57454, 1990 Ohio App. LEXIS 5046 (Nov. 21, 1990) (noting that the doctrine of forum non conveniens is consistent with and does not conflict with the purposes of Civ. R. 3(B)) (citing Chambers v. Merrell-Dow Pharmaceutical, Inc., 35 Ohio St.3d 123 (1988). The principle of forum non conveniens is that a court may resist jurisdiction even when jurisdiction is authorized when the interests of the parties and of the public so dictate. Gulf Oil Corp. v. Gilbert 330 U.S. 501, 507 (1947). 2 Sandra Kurt, Summit County Clerk of Courts CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 3 of 4 Plaintiff has alleged breach of contract against Russel and Sandra Morgan and Dr. (Complaint ¶¶ 2-5). Both Defendants are located in Portage County, residents of Portage County, and the alleged breach occurred in Portage County. Plaintiff is a resident of Portage County. Both Defendant corporations have significant ties to Portage County and have headquarters there. The Portage County Common Pleas is also well-suited to hear this matter having already overseen twenty-three months of litigation between the parties already. Venue is appropriate in Portage County and in Portage County alone. CONCLUSION For the reasons set forth herein, Defendants respectfully request that pursuant to Civ.R. 12(B)(3), this matter be dismissed or transferred to the Portage County Court of Common Pleas. Respectfully submitted, DICAUDO, PITCHFORD & YODER, LLC /s/Benjamin R. Sorber Benjamin R. Sorber (0092739) 209 South Main Street, Third Floor Akron, Ohio 44308-1321 Telephone: 330.762.7477 Facsimile: 330.762.8059 Email: bsorber@dpylaw.com Attorney for Defendants 3 Sandra Kurt, Summit County Clerk of Courts CV-2022-02-0622 OLDFIELD, JOY M 04/04/2022 17:35:13 PM MDIS Page 4 of 4 CERTIFICATE OF SERVICE The foregoing was served up all counsel of record upon its filing via the Clerk of Court’s electronic filing system. /s/Benjamin R. Sorber Benjamin R. Sorber 4 Sandra Kurt, Summit County Clerk of Courts