Archive for July, 2012

Judge Lucci Order for Briefs regarding Class Certification

July 27, 2012 Judge Lucci Orders Additional Briefs

After review of all the briefs submitted to date, Judge Lucci ordered the parties to file briefs on the following issues within seven days of the date of the order:

1) Does a certified class exist and is it maintained at this stage of the proceedings as to Count One of the First Amended Complaint?

2) If it no longer exists or is no longer maintained, when did it cease to exist or be maintained?

3) If it still exists and is maintained, when will it cease to exist or be maintained?

4) Regardless of the answers to the foregoing, will a certified class be sought to be maintained as to Counts Two and/or Three of the First Amended Complaint?

5) If a class is sought as to Counts Two and/or Three of the First Amended Complaint, how will it be certified, potential members notified, maintained, and/or members sub-classified, and the issues common to the class and individual to the members adjudicated?

6) When and how, procedurally, will this occur?

Click to read the Order: Lucci order on Class Certification

Comments off

OLG Response to AG Brief Opposing Fees

July 25, 2012 – OLG Response to AG Brief Opposing Fees

In summary the OLG brief stated:

  • OLG’s request for fees is proper at this time because a final judgment has been entered on an appeal.
  • Fees are recoverable in this action regardless of whether it is an action in Mandamus (which it is not).
  • OLG is an “eligible party” entitled to recover fees under the Ohio Revised Code. Also, as an incorporated entity OLG is not required to aggregate the net worth of its employees or members.
  • OLG is the prevailing eligible party and is entitled to an award of fees.
  • The State’s position in initiating the matter was not substantially justified.
  • The State has failed to describe “Special Circumstances” for avoiding the payment of attorney’s fees.

Read the entire brief by clicking: OLG Reply brief to State 2012

Comments off