On August 31, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
and
for State Tax Lien
in the District Court of Wood County.
Preview
ELECTRONICALLY-FILED
WOOD COUNTY COMMON PLEAS COURT
Thursday, October 19, 2023 3:19:28 PM
2021EL3039 - Mary "Molly" L Mack
IN THE COMMON PLEAS COURT DOUGLAS F. CUBBERLEY
WOOD COUNTY, OHIO CLERK OF COURTS WOOD COUNTY OHIO
State of Ohio Department of *
Taxation,
*
Plaintiff,
* Case Nos. 2019-EL-2206
vs.
*
Susan J. Santana,
*
Defendant.
*
PLAINTIFF’S MOTION TO CONSOLIDATE
Pursuant to Ohio Rule of Civil Procedure 42(A)(1), Plaintiff moves this Court to
consolidate the cases listed below based upon common questions of law and fact. This Motion is
supported by the attached Memorandum in Support.
2019-EL-2206
2020-EL-3178
2021-EL-1493
2021-EL-3039
2022-EL-0108
2022-EL-2297
2022-EL-3439
2023-EL-1507
Special Counsel for
Ohio Attorney General Dave Yost
/s/ Michael D. Stultz
Michael D. Stultz (0082291)
STULTZ & STEPHAN, LTD.
106 E. Market Street, P.O. Box 400
Tiffin, Ohio 44883
T: 567-207-3052
F: 419-447-5150
E: mds@stultzstephan.com
Trial Counsel for Plaintiff
201082-3
MEMORANDUM IN SUPPORT
I. LAW & ARGUMENT
The Ohio Rules of Civil Procedure provide in pertinent part that when causes of action
involve a common question of law or fact, the court may order some or all of the actions
consolidated. OH. R. CIV. P. 42(A)(1); see also, Buck v. Milano, (Ninth Appellate District, 2014),
2014–Ohio–5640 (further stating that “Generally, courts favor consolidation whenever
possible.”). The purpose of case consolidation is to avoid unnecessary costs or delay through
duplicative litigation, thereby promoting the interests of judicial economy. See id.; see also,
Clemente v. Gardner, (Fifth Appellate District, 2004), 2004–Ohio–2254.
Application of this standard to the judgment liens presently before this Court demonstrates
that consolidation should be ordered. See OH. R. CIV. P. 42(A)(1). Plaintiff’s tax liens against
Defendant(s) are set forth in the case caption. Quite simply, each tax lien encompasses the same
issues of law and fact with the same witnesses, documents, and evidence to be presented.
Therefore, consolidating the tax liens would avoid unnecessary costs, delay, and permit Plaintiff
to more efficiently pursue proceedings in aid of judgment execution.
II. CONCLUSION
Plaintiff has fulfilled the requirements set forth in the Civil Rules and is thus entitled to
case consolidation of the tax liens. Plaintiff respectfully requests that this Court enter case
consolidation for each of the liens incorporated in the case caption.
201082-3
Special Counsel for
Ohio Attorney General Dave Yost:
/s/ Michael D. Stultz
Michael D. Stultz (0082291)
STULTZ & STEPHAN, LTD.
106 E. Market Street, P.O. Box 400
Tiffin, Ohio 44883
T: 567-207-3052
F: 419-447-5150
E: mds@stultzstephan.com
Trial Counsel for Plaintiff
PROOF OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served upon
the following on October 19, 2023:
Via First Class U.S. Mail
Susan J. Santana
28159 Blue Grass Drive
Walbridge, OH 43465
Defendant
Special Counsel for
Ohio Attorney General Dave Yost
/s/ Michael D. Stultz
Michael D. Stultz (0082291)
STULTZ & STEPHAN, LTD.
201082-3
Document Filed Date
October 19, 2023
Case Filing Date
August 31, 2021
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