216 Jamaica Avenue v. S & R Playhouse Realty Co.

Filing 35

Motion for leave to File Supplemental Brief in Support of its Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment filed by 216 Jamaica Avenue. (Attachments: # 1 Exhibit A - Supplemental Brief in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment# 2 Exhibit B - Deposition of Patrick M. Lott)(Cooper, Charles)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION __________________________________________ ) ) 216 JAMAICA AVENUE, LLC, ) Civil Action No. 06-1288 ) ) Plaintiff, ) (Judge Boyko) ) ) v. ) ) S & R PLAYHOUSE REALTY CO., ) ) ) Defendant. ) ) __________________________________________) PLAINTIFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT On behalf of plaintiff, 216 Jamaica Avenue LLC ("Jamaica"), we respectfully request leave to file a supplemental brief in support of its motion for summary judgment and in opposition to the motion of defendant, S&R Playhouse Realty ("S&R"), for summary judgment. Our supplemental brief is attached to this motion as Exhibit A. A transcript of the deposition of Patrick M. Lott is attached as Exhibit B ("Lott Dep."). On February 23, 2007, we deposed Mr. Lott in his capacity as S&R's designated representative pursuant to Rule 30(b)(6). Mr. Lott is the senior vice president of Forest City Commercial Group. Lott Dep. at 7. As such, Mr. Lott has responsibility for the Halle Building. Lott Dep. at 7.

During his deposition, Mr. Lott made several admissions that vitiate defenses that S&R asserted in its motion for summary judgment and in opposition to Jamaica's motion for summary judgment. In the attached supplemental brief, we address these admissions in greater detail. Because these admissions may assist the Court in ruling on Jamaica's and S&R's motions for summary judgment, the Court should grant our motion for leave to file a supplemental brief in support of Jamaica's motion for summary judgment and in opposition to S&R's motion for summary judgment. April 23, 2007 Respectfully Submitted, /s/ Charles J. Cooper _____________________________ Charles J. Cooper [e-mail] David H. Thompson [e-mail] David Lehn [e-mail] COOPER & KIRK, PLLC 555 Eleventh Street NW Suite 750 Washington, DC 20004 [phone] [phone] (fax) Attorneys for Plaintiff

James B. Niehaus (0020128) [e-mail] Christopher G. Keim (0067117) [e-mail] FRANTZ WARD LLP 2500 Key Center 127 Public Square Cleveland, Ohio 44114-1230 216-515-1660 216-515-1650 (fax)

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CERTIFICATE OF SERVICE I hereby certify on April 23, 2007, a copy of the foregoing was filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. mail. Parties may access this through the Court's system.

/s/ Charles J. Cooper _____________________________ Charles J. Cooper COOPER & KIRK, PLLC 555 Eleventh Street NW Suite 750 Washington, DC 20004 [phone] [phone] (fax) [e-mail]

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