Common Pleas Court Judges
Judge Emily Hagan
John Thomas, Jr.
Pursuant to the Ohio Supreme Court’s 03/27/2020 Administrative Actions Order, all time requirements for filing all pleadings (including answers, motions, responsive briefing, etc.) have been suspended and tolled as of 03/09/2020. (2020-Ohio-1166, https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1166.pdf). The tolling period shall expire on the date the COVID-19 Emergency ends or 07/30/2020, whichever is sooner. At that time, the parties shall have the remaining time applicable under the Civil Rules in which to file their pleading. The Court notes that the tolling order does not apply to specific orders of this Court that were issued on or after 03/09/2020.
Motions/Responsive Briefing: The Court notes that any party may still elect to file a Motion and/or a Responsive Brief. If a party files a Motion and the opposing party responds, the Court shall make a ruling after the matter is fully briefed. However, if the opposing party does not respond in electing to have the matter tolled, then the Court shall hold the Motion in abeyance until the tolling period has expired and the opposing party’s response time has expired.
Answers/Motions for Default: For cases especially involving pro se Defendants, the Court notes that any Answer that was/is due after 03/09/2020 through the duration of the Order is tolled. If a Plaintiff proceeds forward in filing a Motion for Default Judgment in a case in which the Defendant’s Answer was due prior to 03/09/2020, the Court shall hold its ruling in abeyance pending any response to the Motion by Defendant or until the tolling period has expired and the Defendant’s response time has expired.
Scheduling Orders: All scheduling orders will remain in effect unless modified by the Court. If you feel a modification of any part of the case management order is necessary, please file a motion to extend the case schedule or a specific deadline. Consistent with The Supreme Court of Ohio’s Order, the Court will grant reasonable extensions of the case management schedule. The Court encourages all counsel and parties to consider their own welfare, that of their staff, and that of the general public as they litigate.
Due to the potential effects of COVID-19 regarding a party’s civil litigation, any party may request a Telephone Conference with the Court to discuss any issues and/or the current Case Management Schedule. To request the Telephone Conference, the party should call Judge Hagan’s Staff Attorney Ariel Lipsky at (216) 443-8583.