TIMEOUT

A minor update here: The defendants in the Modell lawsuit have asked for a short extension to complete their briefs in the motion to dismiss, motion to compel discovery and motion to toll. These are all unopposed by the plaintiffs, so they’ll be granted in short order by the judge. The deadlines will thus be extended to Wednesday, May 9th and Friday, May 11th (more on that date later in another case), so start your engines. The May 11th request comes with a motion to exceed the page limits, so more reading for all of us (me). To keep track:

  • Plaintiffs have filed a motion to compel discovery. Defendants have not responded to that. That will happen on May 9th. The plaintiffs will then file their reply and the case will be set (presumably) for oral argument.
  • Defendants have filed a motion to stay discovery. Plaintiffs have filed their response and the defendants have filed their reply. The next step is for this motion to be set (presumably) for oral argument.
  • Plaintiffs have filed a motion to toll the six-month provision in ORC 9.67. The defendants have filed their opposition and a reply by the plaintiffs has been filed. It looks like the defendants are asking for leave to file a sur-reply. I’m trying to get some clarification on this. Based on what I can tell, defendants are asking for leave to file an additional reply based on new facts presented in the plaintiffs reply (which is generally a no-no). Either way, once whatever is to be filed is filed, the case will (presumably) be set for oral argument.
  • Defendants have filed a motion to dismiss the lawsuit. Plaintiffs have filed their response, and defendants have until May 11th to file their reply, at which point the case will be set (presumably) for oral argument.

In case you’re jonesing for some other news, I’m hearing we may get an update on the future scheduling of the case today or tomorrow, so stay tuned.

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