In Re: Judith Ann Stamm

Filing 4

ENTRY AND ORDER DENYING MOTION FOR CERTIFICATION OF QUESTION ON INTERPRETATION OF OHIO HOUSE BILL 479 TO THE SUPREME COURT OF OHIO, DOC. 3 , AND REESTABLISHING BRIEFING SCHEDULE. Parties are to proceed with briefing in the instant case. Appellant's brief is due August 6, 2015. Appellee's response is due August 24, 2015. Appellant's reply is due September 10, 2015. Signed by Judge Thomas M. Rose on 7/20/15. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

John Paul Rieser, Chapter 7 Trustee,
Appellant,
v.

Case No. 3:15-cv-095
Judge Thomas M. Rose

Judith Ann Stamm,
Appellee.

ENTRY AND ORDER DENYING MOTION FOR CERTIFICATION OF
QUESTION ON INTERPRETATION OF OHIO HOUSE BILL 479 TO THE
SUPREME COURT OF OHIO, DOC. 3, AND REESTABLISHING
BRIEFING SCHEDULE.

Pending before the Court is Appellant’s Motion for Certification of Question on
Interpretation of Ohio House Bill 479 to the Supreme Court of Ohio. Doc. 11.
The factors the Sixth Circuit recommends that district courts consider when deciding
whether or not to certify a question to a state court are: 1) the existence of conflicting federal
interpretations of an important question of state law, 2) whether or not the arguments on each side
are substantial, and 3) whether the question is likely to recur in federal litigation without an
opportunity for the state courts to decide it. Geib v. Amoco Oil Co., 29 F.3d 1050, 1060 (6th Cir.
1994). Given the posture in which Ohio H.B. 479 will be applied, the Court finds the first factor
of great significance. Movant points to no conflicting federal interpretations of the law.
For this reason, Appellant’s Motion for Certification of Question on Interpretation of Ohio
House Bill 479 to the Supreme Court of Ohio, Doc. 11, is DENIED.

The Parties are to proceed with briefing in the instant case. Appellant’s brief is due
August 6, 2015.

Appellee’s response is due August 24, 2015.

Appellant’s reply is due

September 10, 2015.
DONE and ORDERED in Dayton, Ohio, on Monday, July 20, 2015.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

2