On November 21, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
and
for PERSONAL INJURY
in the District Court of Franklin County.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 4:08 PM-23CV008301
OG650 - A3
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
DOTTIE COCOLA,
Plaintiff, Case No. 23 CV 008301
v Judge Andrea C. Noble
THE FOUNDATION OF THE CATHOLIC
DIOCESE OF COLUMBUS (A.K.A. THE
CATHOLIC FOUNDATION), ef al.,
Defendants.
MOTION TO STAY DISCOVERY AND CASE SCHEDULE
Defendants The Catholic Diocese of Columbus, St. Timothy Catholic Church and St.
Timothy Catholic School (collectively, “Defendants”), through undersigned counsel, hereby
request that this Court stay discovery and any case schedule deadlines until it can rule on
Defendants’ Motion to Dismiss For Lack of Subject Matter Jurisdiction, filed contemporaneously
herewith. The reasons supporting this Motion are set forth in the attached Memorandum in Support
and include that this Court has no subject matter jurisdiction over Plaintiff's Complaint, and
Plaintiff's attempts to use this improperly filed case for premature discovery is improper and an
abuse.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 4:08 PM-23CV008301
OG650 - A3
Respectfully submitted,
/s/ Loriann i. Fuhrer
Robert G. Schuler (0039258)
Email
Loriann E. Fuhrer (0068037)
Emaii
Kegler >
65 East State Street, Suite 1800
Columbus, OH 43215
Telephone: (614) 462-5400; Fax (614) 464-2634
Attomeys for Defendants The Catholic Diocese of
Columbus, St. Timothy Catholic Church, and St.
Timothy Catholic School
MEMORANDUM IN SUPPORT
As set forth in detail in Defendants’ Motion to Dismiss, Plaintiff has failed to exhaust her
administrative remedies and the purported injunctive relief claim upon which Plaintiff claimed to
premise jurisdiction is moot. Accordingly, this Court has no subject matter jurisdiction, and no
discovery may properly take place.
Very shortly after filing the Complaint, Plaintiff issued a deposition notice for the
deposition of Defendant Father David A. Poliafico to be taken on December 19, 2023, before any
defendant’s deadline for even responding to the Complaint. The deposition notice—indeed this
entire premature lawsuit—is nothing more than a transparent and futile attempt to put pressure on
Defendants through an abuse of process. There is no proper purpose for a deposition in a matter
that is not properly before the Court. Therefore, Defendants seek a stay of discovery until the
Court can rule on the pending Motion to Dismiss
Defendants also request that any case schedule dates be stayed to allow time for ruling on
the Motion to Dismiss before the parties must make initial disclosures or engage in discovery
conferences. No prejudice will result in staying the schedule or in staying discovery, as this case
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 4:08 PM-23CV008301
OG650 - A3
was filed just a few weeks ago and the defendants’ date for responding to the Complaint has not
yet passed
A proposed Order is being provided for the Court’s convenience.
Respectfully submitted,
/s/ Loriann E. Fuhrer
Robert G. Schuler (0039258)
Email
Loriann
Email
Kegler Brown Hill + Ritter Co., LPA
65 East State Street, Suite 1800
Columbus, OH 43215
Telephone: (614) 462-5400
Telecopier: (614) 464-2634
Attomeys for Defendants The Catholic Diocese of
Columbus, St. Timothy Catholic Church, and St.
Timothy Catholic School
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on December 11, 2023, a copy of the foregoing was
electronically filed using the Court’s electronic filing system. Notice of this filing will be sent to
all counsel of record by operation of the Court’s electronic filing system.
/s/ Loriann E. Fuhrer
Loriann E. Fuhrer (0068037)
Document Filed Date
December 11, 2023
Case Filing Date
November 21, 2023
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 4:08 PM-23CV008301 OG650 - A3 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO DOTTIE COCOLA, Plaintiff, Case No. 23 CV 008301 v Judge Andrea C. Noble THE FOUNDATION OF THE CATHOLIC DIOCESE OF COLUMBUS (A.K.A. THE CATHOLIC FOUNDATION), ef al., Defendants. MOTION TO STAY DISCOVERY AND CASE SCHEDULE Defendants The Catholic Diocese of Columbus, St. Timothy Catholic Church and St. Timothy Catholic School (collectively, “Defendants”), through undersigned counsel, hereby request that this Court stay discovery and any case schedule deadlines until it can rule on Defendants’ Motion to Dismiss For Lack of Subject Matter Jurisdiction, filed contemporaneously herewith. The reasons supporting this Motion are set forth in the attached Memorandum in Support and include that this Court has no subject matter jurisdiction over Plaintiff's Complaint, and Plaintiff's attempts to use this improperly filed case for premature discovery is improper and an abuse. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 4:08 PM-23CV008301 OG650 - A3 Respectfully submitted, /s/ Loriann i. Fuhrer Robert G. Schuler (0039258) Email Loriann E. Fuhrer (0068037) Emaii Kegler > 65 East State Street, Suite 1800 Columbus, OH 43215 Telephone: (614) 462-5400; Fax (614) 464-2634 Attomeys for Defendants The Catholic Diocese of Columbus, St. Timothy Catholic Church, and St. Timothy Catholic School MEMORANDUM IN SUPPORT As set forth in detail in Defendants’ Motion to Dismiss, Plaintiff has failed to exhaust her administrative remedies and the purported injunctive relief claim upon which Plaintiff claimed to premise jurisdiction is moot. Accordingly, this Court has no subject matter jurisdiction, and no discovery may properly take place. Very shortly after filing the Complaint, Plaintiff issued a deposition notice for the deposition of Defendant Father David A. Poliafico to be taken on December 19, 2023, before any defendant’s deadline for even responding to the Complaint. The deposition notice—indeed this entire premature lawsuit—is nothing more than a transparent and futile attempt to put pressure on Defendants through an abuse of process. There is no proper purpose for a deposition in a matter that is not properly before the Court. Therefore, Defendants seek a stay of discovery until the Court can rule on the pending Motion to Dismiss Defendants also request that any case schedule dates be stayed to allow time for ruling on the Motion to Dismiss before the parties must make initial disclosures or engage in discovery conferences. No prejudice will result in staying the schedule or in staying discovery, as this case Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 4:08 PM-23CV008301 OG650 - A3 was filed just a few weeks ago and the defendants’ date for responding to the Complaint has not yet passed A proposed Order is being provided for the Court’s convenience. Respectfully submitted, /s/ Loriann E. Fuhrer Robert G. Schuler (0039258) Email Loriann Email Kegler Brown Hill + Ritter Co., LPA 65 East State Street, Suite 1800 Columbus, OH 43215 Telephone: (614) 462-5400 Telecopier: (614) 464-2634 Attomeys for Defendants The Catholic Diocese of Columbus, St. Timothy Catholic Church, and St. Timothy Catholic School CERTIFICATE OF SERVICE The undersigned hereby certifies that on December 11, 2023, a copy of the foregoing was electronically filed using the Court’s electronic filing system. Notice of this filing will be sent to all counsel of record by operation of the Court’s electronic filing system. /s/ Loriann E. Fuhrer Loriann E. Fuhrer (0068037)