Holliday v. City of Bay Village Service Department

Filing 67

Opinion and Order The docket shows that Magistrate Judge Baughman will be holding a mediation teleconference in this case on September 28, 2018. Doc #: 58 . The parties have known since April of 2018 that the discovery cutoff is August 31 , 2018 and the deadline for filing a dispositive motions is October 31, 2018. Doc #: 25 . The Court intends to observe the October 31 deadline for filing dispositive motions unless the case is earlier settled by Magistrate Judge Baughman. Thus, the Motion for Dismissal Without Prejudice, Doc #: 60 , is denied. Signed by Judge Dan Aaron Polster on 9/21/2018. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DANIEL HOLLIDAY,
Plaintiff,
vs.
CITY OF BAY VILLAGE,
Defendant.

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CASE NO. 1:17 CV 1193
JUDGE DAN AARON POLSTER
OPINION AND ORDER

This case is before the Court on Plaintiff’s Motion to Dismiss Without Prejudice. Doc #:
60. Therein, Plaintiff’s counsel, Attorney Michael Harvey, states that his client “has decided to
retain experts for compensatory damages and for damages calculations in general.” Id. at 1.
Furthermore, it is Plaintiff’s “intention to refile this case within ninety (90) days.” Id. at 1. Bay
Village has filed an opposition to Plaintiff’s Motion, stating that it does not object to dismissal of
this case, but insists that any dismissal be “with prejudice” in light of Plaintiff’s repeated failures
to provide the damages calculations he now seeks. Doc #: 62.
The Court is well aware, and the record is reflective of, the dilatory service and discovery
practices of Plaintiff’s counsel in this case. On April 24, 2018, the Court held a Case
Management Conference at which time the parties agreed to a litigation schedule. Doc #: 25.
All agreed to a discovery cutoff date of August 31, 2018, and a dispositive motion deadline of
October 31, 2018. Id. at 1. The parties also agreed to refer the case to Magistrate Judge William
Baughman for mediation in June 2018. Id.
On May 14, 2018, Magistrate Judge Baughman issued an order scheduling the mediation

for June 25, 2018, expressly directing Plaintiff to deliver to the City “a written itemization of
damages and a settlement demand with an explanation of why that demand is appropriate” on or
before June 4, 2018. Doc #: 26 at 2. Since that time, it appears that Plaintiff has been dilatory in
providing a settlement demand with a reasonable damages evaluation for purposes of mediating
the case. See Doc #: 52 at 2-5. Accordingly, Plaintiff’s counsel has resorted to filing a motion
to bifurcate liability and damages which the Court has denied, and now seeks to dismiss the case
without prejudice so that he can conduct the damages discovery he failed to conduct while this
case has been pending.
The docket shows that Magistrate Judge Baughman will be holding a mediation
teleconference in this case on September 28, 2018. Doc #: 58. The parties have known since
April of 2018 that the discovery cutoff is August 31, 2018 and the deadline for filing a
dispositive motions is October 31, 2018. Doc #: 25. The Court intends to observe the October
31 deadline for filing dispositive motions unless the case is earlier settled by Magistrate Judge
Baughman.
Thus, the Motion for Dismissal Without Prejudice, Doc #: 60, is DENIED.
IT IS SO ORDERED.

/s/ Dan A. Polster September 21, 2018
Dan Aaron Polster
United States District Judge

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