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The Supreme Court of Ohio & The Ohio Judicial System

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Kristina D. Frost
Clerk of Court

Search Results: Case Number 2006-2265

The Supreme Court of Ohio

CASE INFORMATION

GENERAL INFORMATION

Case: 2006-2265 Certified Question of State Law
Filed: 12/08/06
Status: Case Is Disposed
Kelly Mendenhall et al. v. The City of Akron et al.

PARTIES and ATTORNEYS

Daniel Moadus et al. (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Denney, James (28205) , Counsel of Record
Kohli, Kimberly (78774)
Lewicki, Ann (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Byers, Frederick (2337) , Counsel of Record
Kaplan, Samuel (62192)
McNamara, Michael (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Terry, Thomas (16340) , Counsel of Record
Skall, David (68740)
Nash, Robert (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Byers, Frederick (2337) , Counsel of Record
Kaplan, Samuel (62192)
Rausssen, James T. (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Terry, Thomas (16340) , Counsel of Record
Fiorelli, Nicole (79204)
Perotti, Patrick (5481)
Skall, David (68740)
Stender, Jonathan (70563)
Rogaskie, Dawn (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Perotti, Patrick (5481) , Counsel of Record
Fiorelli, Nicole (79204)
Stender, Jonathan (70563)
Tobin, Raymond G. (Amicus Curiae on behalf of Petitioner)
  Represented by:
    Byers, Frederick (2337) , Counsel of Record
Kaplan, Samuel (62192)
ACS State and Local Solutions, Inc. (Amicus Curiae on behalf of Respondent)
  Represented by:
    Mersol, Gregory (30838) , Counsel of Record
Somich, Kristin (79787)
City of Cleveland (Amicus Curiae on behalf of Respondent)
  Represented by:
    Kaiser, Thomas (14339) , Counsel of Record
Singletary, Gary (37329)
Triozzi, Robert (16532)
City of Columbus (Amicus Curiae on behalf of Respondent)
  Represented by:
    Pfeiffer, Richard (21982) , Counsel of Record
City of Dayton (Amicus Curiae on behalf of Respondent)
  Represented by:
    Bonfield, Patrick (15796) , Counsel of Record
Musto, John (71512)
City of Toledo (Amicus Curiae on behalf of Respondent)
  Represented by:
    Madigan, John (23614) , Counsel of Record
Loukx, Adam (62158)
Ohio Municipal League (Amicus Curiae on behalf of Respondent)
  Represented by:
    Byron, Stephen (55657) , Counsel of Record
Gotherman, John (504)
Redflex Traffic Systems, Inc. (Amicus Curiae on behalf of Respondent)
  Represented by:
    Lindsmith, Quintin (18327) , Counsel of Record
Belo, Vladimir (71334)
Furniss, Natalie (75329)
Traffipax, Inc. (Amicus Curiae on behalf of Respondent)
  Represented by:
    Dunn, Carrie (76952) , Counsel of Record
Solomon, John (18206)
Burger, Wayne H. (Petitioner)
  Represented by:
    Dalayanis, Antoni (68595) , Counsel of Record
Lattur, JoAnne L. (Petitioner)
  Represented by:
    Dalayanis, Antoni (68595) , Counsel of Record
Mendenhall, Kelly (Petitioner)
  Represented by:
    Corgan, Jacquenette (72778) , Counsel of Record
Mendenhall, Warner (70165)
Sipe, Janice A. (Petitioner)
  Represented by:
    Dalayanis, Antoni (68595) , Counsel of Record
City of Akron (Respondent)
  Represented by:
    Fallis, Stephen (21568) , Counsel of Record
Defibaugh, Michael (72683)
Gurbst, Richard (17672)
Rothal, Max (9431)
Nestor Traffic Systems, Inc. (Respondent)
  Represented by:
    Gurbst, Richard (17672) , Counsel of Record
Herbe, Donald (76500)
Volosin, Heather (69606)

PRIOR JURISDICTION
Jurisdiction Information Prior Decision Date Case Number(s)
US Federal Court 11/29/2006 506CV0139
US Federal Court 11/29/2006 506CV0154

DOCKET ITEMS
  • Most documents that were filed in Supreme Court cases after December 1, 2006, are scanned. They are available for viewing via the online dockets, generally within one business day from their date of filing.
  • Supreme Court orders that were issued after January 1, 2007, are also available via the online docket as PDFs. Orders scanned prior to April 6, 2009, may not bear the signature of the Chief Justice. These online orders are identical to the original orders in all other respects.
  • A symbol in an online docket denotes a scanned filing or an electronic version of a Supreme Court order. Clicking the icon opens an image of the filing or order.
Date Filed Description
12/08/06 View Certified copy of order certifying question of state law from United States District Court, Northern District of Ohio, Eastern Division
12/28/06 View Preliminary memorandum of Kelly Mendenhall
  Filed by: Mendenhall, Kelly
12/28/06 View Preliminary memorandum of The City of Akron and Nestor Traffic Systems, Inc.
  Filed by: City of Akron
  Filed by: Nestor Traffic Systems, Inc.
01/29/07 View Motion of Janice A. Sipe for leave to file memorandum in opposition to consideration of certified state law question
  Filed by: Sipe, Janice
View 02/02/07: Sua sponte, motion stricken
02/07/07 View DECISION: The Court will answer the question (see entry); parties shall proceed to brief in accordance with S.Ct.Prac.R. VI, and S.Ct. Prac.R. XVIII(7); petitioner's brief due 40 days from the date of this entry
03/16/07 View Petitioner's merit brief of Janice A. Sipe, Wayne H. Burger and JoAnne L. Lattur
  Filed by: Burger, Wayne
  Filed by: Lattur, JoAnne
  Filed by: Sipe, Janice
03/16/07 Supplement to brief of Janice A. Sipe, Wayne H. Burger and JoAnne L. Lattur
  Filed by: Burger, Wayne
  Filed by: Lattur, JoAnne
  Filed by: Sipe, Janice
03/19/07 View Brief of amicus curiae Dan Moadus et al. in support of petitioners
  Filed by: Daniel Moadus et al.
03/19/07 View Petitioner's merit brief of Kelly Mendenhall
  Filed by: Mendenhall, Kelly
03/19/07 Supplement to brief of Kelly Mendenhall
  Filed by: Mendenhall, Kelly
03/19/07 View Brief of amici curiae Michael McNamara, Dawn Rogaskie, and State Representative James T. Raussen in support of petitioners
  Filed by: McNamara, Michael
  Filed by: Rausssen, James
  Filed by: Rogaskie, Dawn
03/19/07 View Brief of amici curiae Ann Lewicki, Raymond G. Tobin, and Robert Nash, Jr. in support of petitioner
  Filed by: Lewicki, Ann
  Filed by: Nash, Robert
  Filed by: Tobin, Raymond
04/10/07 View List of additional authorities of Kelly Mendenhall
  Filed by: Mendenhall, Kelly
04/17/07 View Brief of amicus curiae City of Toledo in support of respondents
  Filed by: City of Toledo
04/18/07 View Brief of amicus curiae ACS and Local Solutions, Inc., in support of respondents
  Filed by: ACS State and Local Solutions, Inc.
04/18/07 View Brief of amici curiae Ohio Municipal League and City of Dayton in support of respondents
  Filed by: City of Dayton
  Filed by: Ohio Municipal League
04/18/07 View Brief of amicus curiae City of Columbus in support of respondents
  Filed by: City of Columbus
04/18/07 View Brief of amicus curiae Redflex Traffic Systems, Inc. in support of respondents
  Filed by: Redflex Traffic Systems, Inc.
04/18/07 View Brief of amicus curiae Traffipax, Inc. in support of respondents
  Filed by: Traffipax, Inc.
04/18/07 View Brief of amicus curiae City of Cleveland in support of respondents
  Filed by: City of Cleveland
04/18/07 View Respondents' merit brief of City of Akron and Nestor Traffic Systems, Inc.
  Filed by: City of Akron
  Filed by: Nestor Traffic Systems, Inc.
05/08/07 View Reply brief of amici curiae Ann Lewicki, Raymond G. Tobin and Robert Nash, Jr.
  Filed by: Lewicki, Ann
  Filed by: Nash, Robert
  Filed by: Tobin, Raymond
05/08/07 View Reply brief of Kelly Mendenhall
  Filed by: Mendenhall, Kelly
06/22/07 Oral argument scheduled for Tuesday, September 18, 2007
06/29/07 View Notice of oral argument to be held Tuesday, September 18, 2007
07/24/07 Notice of recusal of Justice O'Connor
08/22/07 E-mail notification received by Clerk's Office regarding assignment of Judge Joseph Vukovich, Seventh District Court of Appeals, for Justice O'Connor
09/04/07 Notice received by Clerk's Office withdrawing Judge Vukovich's assignment due to conflict
09/04/07 E-mail notification received by Clerk's Office regarding assignment of Judge Matthew McFarland, Fourth District Court of Appeals, for Justice O'Connor
09/13/07 Notice of recusal of Justice O'Donnell
09/13/07 E-mail notification received by Clerk's Office regarding assignment of Judge William Klatt, 10th District Court of Appeals, for Justice O'Donnell
09/18/07 Oral argument held
01/31/08 View DECISION: The certified question is answered with a qualified yes as stated in the opinion rendered herein. This matter is remanded to the Northern District of Ohio for proceedings. See opinion at 2008-Ohio-270.   


 


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