Civil Case Inquiry     New Search | Go to Exhibits |  Costs |  Printer friendly view
Case Number: 2011-01232     Filing Date:  01/06/2011
Case Title: RICHARD W. WARDEN V. OHIO DEPARTMENT OF NATURAL RESOURCES Prayer Amount:  $100,000.00
Case Type: EMPLOYMENT Assigned To:  JUDGE ALAN C. TRAVIS
  Case Parties
Party Name Party Type Attorney Name Attorney Type
RICHARD W. WARDEN PLAINTIFF Merl H. Wayman  FIRM
OHIO DEPARTMENT OF NATURAL RESOURCES DEFENDANT Randall William Knutti  ASSISTANT ATTORNEY GENERAL
Emily M. Simmons  ASSISTANT ATTORNEY GENERAL

 Case Docket Information  
Action Date Docket Action Description
 01/06/2011  COMPLAINT FILED  By Merl H. Wayman, attorney for plaintiff Richard W. Warden
 01/06/2011  FILING FEE FOR COMPLAINT PAID  By Mowery, Youell & Galeano, Ltd. $25.00 Check/MO# 18908 Receipt # C43331
 01/10/2011  ORDER PRESCREENING  The court hereby ORDERS that plaintiff’s demand for attorney fees be STRICKEN since in the absence of statutory authority attorney fees cannot be awarded by the Court of Claims. Drain v. Kosydar (July 31, 1979), Franklin App. No. 79AP-78. Copy of order sent to Merl H. Wayman; Ohio Department of Natural Resources; Paula Luna Paoletti, senior deputy attorney general.
Officials: Alan C. Travis, Joseph Clark
 01/10/2011  SUMMONS ISSUED  To defendant Ohio Department of Natural Resources by certified mail #7002 0860 0006 8252 4451 with pre-screening entry and complaint.
 01/10/2011  DESIGNATION FORM FOR CONNECTED ACTION ISSUED  To Merl H. Wayman, attorney for plaintiff, with instructions.
 01/10/2011  RETURN OF F10 SERVICE ON A.G.  Pre-screening entry, summons and complaint; receipt filed.
 01/10/2011  SERVICE OF CERTIFIED MAIL  # 7002 0860 0006 8252 4451 for service on Ohio Department of Natural Resources 01 10 11.
 01/12/2011  DESIGNATION FORM  No connected action pending; filed by Merl H. Wayman, attorney for plaintiff, with certificate of service.
 01/12/2011  MOTION  To reinstate demand for attorney fees; filed by Merl H. Wayman, attorney for plaintiff, with certificate of service. (GRANTED)
 01/13/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8252 4451 received on unknown date by signature of Van fossan.
 02/07/2011  ANSWER  Filed by Emily M. Simmons and Randall W. Knutti, assistant attorneys general, attorneys for defendant, with certificate of service.
 02/10/2011  NOTICE OF SCHEDULING  A status conference has been scheduled for March 10, 2011 at 1:30 p.m. to review any potential immunity issues. Copy sent to Emily M. Simmons and Randall W. Knutti, assistant attorneys general and Merl H. Wayman.
 03/10/2011  IMMUNITY STATUS CONFERENCE HELD
Officials: Alan C. Travis, Joy O'Donnell
 03/17/2011  ENTRY JOURNALIZED AND FILED  No immunity issues exist. This case will be set for trial. Plaintiff's 1-12-2011 "motion to reinstate demand for attorney fees" which is construed as a motion to reconsider the portion of the court's 1-10-2011 prescreening entry striking plaintiff's demand for attorney fees is GRANTED. The claim for attorney fees is reinstated. Copy of entry sent to Emily Simmons and Randall Knutti, assistant attorneys general; Merl Wayman.
Officials: Alan C. Travis, Clark Weaver
 04/08/2011  NOTICE  Of service of defendant's responses to plaintiff's interrogatories and requests for production of documents; filed by Emily M. Simmons and Randall W. Knutti, assistant attorneys general, attorneys for defendant, with certificate of service.
 04/13/2011  ORDER SCHEDULING  By Judge Travis setting status/settlement conference for May 6, 2011 at 9:00 a.m.; pretrial for November 23, 2011 at 10:30 a.m. and a trial for December 28-29, 2011 at 10:00 a.m. Dispositive motions shall be filed on or before September 28, 2011. A discovery status conference has been scheduled for August 31, 2011 at 2:00 p.m. and a mediation is set for June 29, 2011 at 1:30 p.m. Copy sent to Emily M. Simmons and Randall W. Knutti, assistant attorneys general and Merl H. Wayman.
Official: Alan C. Travis
 05/06/2011  STATUS SETTLEMENT CONFERENCE HELD
Officials: Joseph Clark, Joy O'Donnell
 05/12/2011  ORDER TO BIFURCATE TRIAL  The initial trial shall pertain to the issue of liability. The liability phase of the trial scheduled for December 28-29, 2011 will require two days as scheduled in the court's trial order. Copy of entry sent to Emily Simmons and Randall Knutti, assistant attorneys general; Merl Wayman.
Officials: Clark Weaver, Joseph Clark
 05/27/2011  MOTION TO WITHDRAW  From the June 29, 2011 mediation; filed by Emily Simmons, assistant attorney general, attorney for defendant, with certificate of service. (PARTIAL)
 05/31/2011  ORDER SCHEDULING  Defendant's motion to withdraw from the mediation is GRANTED, in part, such that the mediation be converted to a settlement conference which shall be held on June 29, 2011, at 1:30 p.m. Copy sent to Emily Simmons and Randall Knutti, assistant attorneys general; Merl Wayman.
Official: Alan C. Travis
 06/29/2011  SETTLEMENT CONFERENCE HELD
Official: Anderson Renick
 07/07/2011  ENTRY JOURNALIZED AND FILED  As a result of the settlement conference, the court learned that discovery is ongoing and that the parties are unable to reach a settlement at this time. Copy of entry sent to Merl H. Wayman; Emily M. Simmons and Randall W. Knutti, assistant attorney general.
Official: Anderson Renick
 08/03/2011  NOTICE  Of service of defendant's interrogatories and requests for production of documents on plaintiff; filed by Emily M. Simmons and Randall W. Knutti, assistant attorneys general, attorneys for defendant, with certificate of service.
 08/31/2011  DISCOVERY STATUS CONFERENCE
Officials: Alan C. Travis, Holly Shaver
 08/31/2011  NOTICE TO TAKE DEPOSITION  Of Richard Warden on September 16, 2011; filed by Emily M. Simmons and Randall W. Knutti, assistant attorneys general, attorneys for defendant, with certificate of service.
 09/07/2011  ENTRY JOURNALIZED AND FILED  There are no discovery issues which require the court's attention at this time. Copy sent to Emily Simmons and Randall Knutti, assistant attorneys general; Merl Wayman.
Officials: Alan C. Travis, Joseph Clark
 09/15/2011  NOTICE  Of service of defendant's written responses to plaintiff's first set of admissions; filed by Emily M. Simmons and Randall W. Knutti, assistant attorneys general, attorneys for defendant, with certificate of service.
 09/27/2011  NOTICE  Of filing the deposition transcripts of John Husted, Brent Heavilin, Jason Craven, Susan Grant, Lanny Erdos, Richard Milleson and Mamie Hollenback; filed by Merl H. Wayman, attorney for plaintiff, with certificate of service.
 09/27/2011  DEPOSITION Transcript of John Husted taken on April 11, 2011, by Jodi Corrrell Reporting Services.
 09/27/2011  DEPOSITION Transcript of Brent Heavilin taken on May 18, 2011, by Jodi Corrrell Reporting Services.
 09/27/2011  DEPOSITION Transcript of Jason Craven taken on May 24, 2011, by Jodi Corrrell Reporting Services.
 09/27/2011  DEPOSITION Transcript of Susan Grant taken on May 18, 2011, by Jodi Corrrell Reporting Services.
 09/27/2011  DEPOSITION Transcript of Lanny Erdos taken on May 18, 2011, by Jodi Corrrell Reporting Services.
 09/27/2011  DEPOSITION Transcript of Richard G. Milleson taken on July 13, 2011, by Shutek Court Reporting.
 09/27/2011  DEPOSITION Transcript of Mamie Hollenback taken on August 16, 2011, by Jodi Corrrell Reporting Services.
 09/27/2011  MOTION FOR SUMMARY JUDGMENT 
Document #2 		 Filed by Merl H. Wayman, attorney for plaintiff, with certificate of service. (DENIED)
 09/29/2011  ENTRY JOURNALIZED AND FILED  A non-oral hearing on plaintiff's motion for summary judgment is scheduled for October 25, 2011. Copy of order sent to Merk Wayman; Emily Simmons and Randall Knutti, assistant attorneys general.
Officials: Alan C. Travis, Joseph Clark
 10/14/2011  NOTICE  Of filing transcript of Richard W. Warden; filed by Gary Burgard, Professional Reporters, Inc.
 10/14/2011  DEPOSITION Of Richard W. Warden; transcribed and filed by Professional Reporters Inc.
 10/14/2011  NOTICE  Of filing affidavit of Sean Logan; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 10/14/2011  MOTION FOR SUMMARY JUDGMENT  Cross-motion for summary judgment; and memorandum contra to plaintiff's motion for summary judgment; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service. (DENIED)
 10/14/2011  NOTICE  Of filing the deposition of Richard Warden; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 10/14/2011  DEPOSITION Of Richard W. Warden; transcribed by Professional Reporters Inc.
 10/19/2011  MOTION FOR LEAVE  To file a reply brief; filed by Merl H. Wayman, attorney for plaintiff, with certificate of service. (GRANTED)
 10/24/2011  MEMORANDUM CONTRA IN OPPOSITION  Defendant's motion for summary judgment; filed by Merl H. Wayman, attorney for plaintiff, with certificate of service.
 10/27/2011  NOTICE  Of filing addendum(errata sheet) to the 09/16/11 deposition of Richard W. Warden; filed by Gary Burgard, Professional Reporters, Inc. Addendum put with the deposition.
 11/03/2011  MOTION FOR LEAVE  To file a reply in support of cross motion for summary judgment; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service. (GRANTED)
 11/03/2011  MEMORANDUM RECEIVED  Reply in support of cross motion for summary judgment received from Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $67.52 Check/MO# 19606 Receipt # C44960
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $56.34 Check/MO# 19607 Receipt # C44960
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $38.20 Check/MO# 19608 Receipt # C44960
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $18.40 Check/MO# 19609 Receipt # C44960
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $34.72 Check/MO# 19610 Receipt # C44960
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $34.72 Check/MO# 19611 Receipt # C44960
 11/14/2011  WITNESS FEE COST RECEIVED  Received from: Mowery Youell & Galeano, Ltd. $18.40 Check/MO# 19612 Receipt # C44960
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On Lanny Erdos filed by Merl Wayman, attorney for plaintiff.
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On Richard Milleson filed by Merl Wayman, attorney for plaintiff.
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On John Husted filed by Merl Wayman, attorney for plaintiff.
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On Mamie Hollenback filed by Merl Wayman, attorney for plaintiff.
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On Jason Craven filed by Merl Wayman, attorney for plaintiff.
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On Brent Heavilin filed by Merl Wayman, attorney for plaintiff.
 11/14/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On Susan Grant filed by Merl Wayman, attorney for plaintiff.
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On John Husted for service by the Franklin County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3682, with instructions.
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On Susan Grant for service by the Franklin County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3682, with instructions
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On Mamie Hollenback for service by the Knox County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3729, with instructions
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On Lanny Erdos for service by the Tuscarawas County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3712, with instructions
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On Brent Heavilin for service by the Guernsey County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3705, with instructions.
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On Jason Craven for service by the Guernsey County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3705, with instructions.
 11/15/2011  SUBPOENA ISSUED WITH WITNESS FEE  On Richard Milleson for service by the Harrison County Sheriff's office; sent by certified mail receipt #7002 0860 0006 8253 3705, with instructions.
 11/15/2011  SERVICE OF CERTIFIED MAIL  #7002 0860 0006 8253 3729 for Sheriff of Knox County postmarked November 15, 2011.
 11/15/2011  SERVICE OF CERTIFIED MAIL  #7002 0860 0006 8253 3682 for Sheriff of Franklin County postmarked November 15, 2011.
 11/15/2011  SERVICE OF CERTIFIED MAIL  #7002 0860 0006 8253 3705 for Sheriff of Guernsey County postmarked November 15, 2011.
 11/15/2011  SERVICE OF CERTIFIED MAIL  #7002 0860 0006 8253 3699 for Sheriff of Harrison County postmarked November 15, 2011.
 11/15/2011  SERVICE OF CERTIFIED MAIL  #7002 0860 0006 8253 3712 for Sheriff of Tuscarawas County postmarked November 15, 2011.
 11/16/2011  PRETRIAL STATEMENT  Filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 11/16/2011  MOTION FOR EXTENSION OF TIME  To file pre-trial statement; filed by Merl Wayman, attorney for plaintiff, with certificate of service. (via fax) (MOOT)
 11/17/2011  PRETRIAL STATEMENT  Filed by Merl H. Wayman, attorney for plaintiff, with certificate of service.
 11/17/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8353 3682 received on 11 16 11 by signature of unreadable.
 11/17/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8253 3705 received on 11 16 11 by signature of unreadable.
 11/17/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8253 3712 received on 11 16 11 by signature of K. Mecomonaco.
 11/18/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8253 3729 received on 11 17 11 by signature of Donna Durbin.
 11/21/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8253 3699 received on 11 18 11 by signature of Rick McCann.
 11/21/2011  SUBPOENA RETURN OF SERVICE  On Brent Heavilin by personal service by the Guernsey County Sheriff's Office. (PAID)
 11/21/2011  SUBPOENA RETURN OF SERVICE  On Jason Craven by personal service by the Guernsey County Sheriff's Office. (PAID)
 11/23/2011  SUBPOENA RETURN OF SERVICE  On Lanny Erdos by residential service service by the Tuscarawas County Sheriff's office. (PAID)
 11/23/2011  PRETRIAL CONFERENCE HELD
Officials: Alan C. Travis, Holly Shaver
 11/28/2011  SUBPOENA RETURN OF SERVICE  On Richard Milleson by personal service by the Harrison County Sheriff's Office. (PAID)
 12/01/2011  SUBPOENA RETURN OF SERVICE  On Mamie Hollenback by personal service by the Knox County Sheriff's Office. (PAID)
 12/02/2011  REQUEST FOR ISSUANCE OF SUBPOENA  On John Husted filed by Merl Wayman, attorney for plaintiff.
 12/05/2011  SUBPOENA ISSUED  On John Husted without witness fees for service by Franklin County Sheriff's Office; sent by certified mail #7002 0860 0006 8253 3828, with instructions.
 12/05/2011  SERVICE OF CERTIFIED MAIL  #7002 0860 0006 8253 3828 for service on Sheriff of Franklin County postmarked December 5, 2011.
 12/06/2011  SUBPOENA RETURN OF SERVICE  On John Husted by personal service by the Franklin County Sheriff's Office (PAID)
 12/06/2011  SUBPOENA RETURN OF SERVICE  On Susan Grant by personal service by the Franklin County Sheriff's Office (PAID)
 12/06/2011  ENTRY AS A RESULT OF PRETRIAL CONFERENCE  The parties are prepared for trial as scheduled for December 28-29, 2011.
Officials: Alan C. Travis, Clark B. Weaver Sr.
 12/07/2011  RETURN OF CERTIFIED MAIL RECEIPT  # 7002 0860 0006 8253 3828 received on 12 06 11 by signature of Mary Walker.
 12/12/2011  SUBPOENA RETURN OF SERVICE  On John Husted by reidential service by the Franklin County Sheriff's Office. (PAID)
 12/16/2011  ENTRY DENYING SUMMARY JUDGMENT  A non-oral hearing was conducted in this case upon the parties' motions for summary judgment. For the reasons set forth in the decision filed concurrently herewith, both parties' motions for summary judgment are DENIED.
Official: Alan C. Travis
 12/28/2011  LIABILITY TRIAL HELD
Officials: Alan C. Travis, Gary Peterson
 12/28/2011  EXHIBITS Plaintiff's exhibits 1, 4, 5, 8, 9, 12, 14, 15 15a 15b, 16 16a 16b, 19, 21, 22, 23, 2,7 28, 29 and 31.
 12/28/2011  WARRANT ISSUED TO SHERIFF  $97.88 Franklin County W#0018734479
 12/28/2011  WARRANT ISSUED TO SHERIFF  $30.94 Guernsey County W#0018734498
 12/28/2011  WARRANT ISSUED TO SHERIFF  $51.00 Harrison County W#0018734504
 12/28/2011  WARRANT ISSUED TO SHERIFF  $25.00 Knox County W#0018734594
 12/28/2011  WARRANT ISSUED TO SHERIFF $15.69 Tuscarawas County W#0018734830
 01/06/2012  ENTRY JOURNALIZED AND FILED  The parties are ORDERED to file post-trial briefs on or before February 3, 2012. Replies, if any, shall be filed on or before February 20, 2012.
Official: Alan C. Travis
 02/03/2012  POST TRIAL BRIEF  Filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 02/03/2012  POST TRIAL BRIEF  Filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 02/17/2012  PLAINTIFF RESPONSE  Reply brief; filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 02/21/2012  DEFENDANT'S RESPONSE FILED  Repy brief; Filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 02/28/2012  MOTION TO STRIKE  Defendant's argument II of reply brief; filed by Merl Wayman, attorney for plaintiff, with certificate of service. (DENIED)
 02/28/2012  ENTRY SUBMITTING CASE FOR DECISION  The case is submittted for decision on February 21, 2012.
Officials: Alan C. Travis, Joseph Clark
 03/13/2012  DEFENDANT'S RESPONSE FILED  To plaintiff's motion to strike; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service
 04/04/2012  LIABILITY DECISION AND JUDGMENT ENTRY  This case was tried to the court on the issue of liability. The court has considered the evidence and, for the reasons set forth in the decision filed concurrently herewith, judgment is rendered in favor of plaintiff. The case will be set for trial on the issue of damages.
Official: Alan C. Travis
 04/06/2012  NOTICE OF SCHEDULING  A case management conference has been set for April 19, 2012, at 11:00 a.m.; pretrial for July 5, 2012, at 10:30 a.m. and trial for August 1, 2012, at 10:00 a.m.
 04/19/2012  CASE MANAGEMENT CONFERENCE
Officials: Alan C. Travis, Gary Peterson
 04/19/2012  MOTION FOR RECONSIDERATION  Of the liability decision; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service. (DENIED)
 04/25/2012  ENTRY JOURNALIZED AND FILED  No discovery will be allowed after July 19, 2012, without leave of court. Any dispositive motions shall be filed on or before July 23, 2012.
Officials: Alan C. Travis, Joseph Clark
 04/27/2012  MEMORANDUM CONTRA IN OPPOSITION  Defendant's motion for reconsideration; filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 05/07/2012  MOTION FOR LEAVE  To file a reply memorandum in support of its motion for reconsideration; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general with certificate of service. (GRANTED)
 05/07/2012  MEMORANDUM  Reply memorandum in support of its motion for reconsideration; filed by Randall W. Knutti and Emily M. Simmons, assistant attoreys general, attorneys for defendant with certificate of service.
 06/26/2012  ORDER DENYING RECONSIDERATION  Defendant's April 19, 2012 motion for reconsideration is DENIED.
Officials: Alan C. Travis, Clark B. Weaver Sr.
 06/29/2012  PRETRIAL STATEMENT  Filed by Randall W. Knutti and Emily M. Simmons, assistant attoreys general, attorneys for defendant with certificate of service.
 07/02/2012  PRETRIAL STATEMENT  Filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 07/05/2012  PRETRIAL CONFERENCE HELD
Officials: Gary Peterson, Joseph Clark
 07/09/2012  NOTICE TO TAKE DEPOSITION  Of John Burke, Ph.D.; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 07/10/2012  NOTICE TO TAKE DEPOSITION  Amended; Of John Burke, Ph.D. on July 16, 2012; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 07/11/2012  ENTRY AS A RESULT OF PRETRIAL CONFERENCE  The parties are continuing to prepare for trial as scheduled for August 1-2, 2012.
Officials: Alan C. Travis, Clark B. Weaver Sr.
 08/01/2012  DAMAGE TRIAL HELD
Officials: Alan C. Travis, Gary Peterson
 08/01/2012  EXHIBITS Joint damage trial exhibits Joint, B-M, A1-5, J1-23 and plaintiff's exhibits 22, 31-32.
 08/07/2012  ENTRY JOURNALIZED AND FILED  In lieu of oral closing arguments, the parties were ORDERED to file post-trial briefs on or before August 31, 2012. Replies, if any, on or before September 21, 2012, at which time the case will be submitted for decision.
Officials: Alan C. Travis, Clark B. Weaver Sr.
 08/31/2012  MOTION  For attorney fees; filed by Merl Wayman, attorney for plaintiff, with certificate of service. (GRANTED)
 08/31/2012  MOTION FOR LEAVE  To supplement record with additional costs; filed by Merl Wayman, attorney for plaintiff, with certificate of service. (GRANTED)
 08/31/2012  POST TRIAL BRIEF  On damages; filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 08/31/2012  POST TRIAL BRIEF  filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 09/17/2012  MEMORANDUM CONTRA IN OPPOSITION  Plaintiff's motion for attorney fees; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 09/21/2012  MOTION FOR LEAVE  To supplement motion for attorney fees; filed by Merl Wayman, attorney for plaintiff, with certificate of service. (GRANTED)
 09/21/2012  PLAINTIFF RESPONSE  To defendant's memorandum contra plaintiff's motion for attorney fees; filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 09/21/2012  MOTION FOR LEAVE  To exceed page limit for post trial reply brief; filed by Merl Wayman, attorney for plaintiff, with certificate of service (GRANTED)
 09/21/2012  PLAINTIFF RESPONSE  Post trial reply brief; filed by Merl Wayman, attorney for plaintiff, with certificate of service.
 09/21/2012  DEFENDANT'S RESPONSE FILED  Post trial reply brief; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 09/24/2012  MOTION FOR LEAVE  To file reply brief to defendant's memorandum contra to plaintiff's motion for attorney fees; filed by Merl Wayman, attorney for plaintiff, with certificate of service. (DENIED)
 10/05/2012  ENTRY JOURNALIZED AND FILED  Plaintiff's September 24, 2012 motion for leave is DENIED.
Officials: Alan C. Travis, Clark B. Weaver Sr.
 01/15/2013  DECISION AND JUDGMENT FOR PLAINTIFF  This case was tried to the court on the issue of damages. The court has considered the evidence and, for the reasons set forth in the decision filed concurrently herewith, judgment is rendered in favor of plaintiff, Richard W. Warden, in the amount of $507,656.75, which includes an award of back pay in the amount of $157,411. Post-judgment interest shall be allowed on plaintiff's back pay award in accordance with R.C. 2743.18(B). Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. Copy sent to Emily Simmons and Randall Knutti, assistant attorneys general; Merl Wayman.
Official: Alan C. Travis
 02/14/2013  NOTICE OF APPEAL  Filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 02/14/2013  NOTICE OF APPEAL FILING FEE PAID  By Attorney General of Ohio/Legal Misc. Petty Cash Fund $25.00 Check/MO# 4372 Receipt # C46456
 02/14/2013  MISCELLANEOUS  Copy of 10th District Court of Appeals waiver of filing fee form received from Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant.
 02/14/2013  COURT OF APPEALS DOCKETING STATEMENT  Filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant.
 02/15/2013  NOTICE  Copy of notice of appeal with attached entries, receipt for filing fee, waiver for 10th District Court of Appeals and docketing statement sent to Merl Wayman, attorney for plaintiff by regular mail.
 02/15/2013  COPY OF NOTICE OF APPEAL ISSUED TO COURT OF APPEAL  To 10th District Court of Appeals, notice of appeal with 12/16/11 entry, 4/4/12 entry, 1/15/13 entry attached, receipt for Court of Claims filing fee, waiver of 10th District Court of Appeals filing fee, docketing statement and certified copy of appearance docket; sent by certified mail #7001 0320 0002 2578 6351.
 02/15/2013  NOTICE OF CROSS-APPEAL  Filed by Merl H. Wayman, attorney for plaintiff with certificate of service.
 02/15/2013  COURT OF APPEALS DOCKETING STATEMENT  Filed by Merl H. Wayman, attorney for plaintiff.
 02/19/2013  NOTICE OF APPEAL FILING FEE PAID  Received from: Mowery Youell & Galeano, LTD $25.00 Check/MO# 20574 Receipt # C46460
 02/19/2013  COURT OF APPEALS FILING FEE RECEIVED  Received from: Mowery Youell & Galeano, LTD $75.00 Check/MO# 20575 Receipt # C46461
 02/19/2013  RETURN OF F10 SERVICE ON A.G.  notice of cross appeal with 4/4/12 decision and 1/15/13 decision/judgment entry attached, docketing statement and receipts for filing fees.
 02/19/2013  COPY OF NOTICE OF APPEAL ISSUED TO COURT OF APPEAL  notice of cross appeal with 4/4/12 decision and 1/15/13 decision/judgment entry attached, docketing statement and receipts for Court of Claims filing fee, check #20575 in the amount of $75.00 payable to Court of Appeals and certified copy of appearance docket; sent by certified mail #7001 0320 0002 2578 6382.
 02/19/2013  SERVICE OF CERTIFIED MAIL  # 7001 0320 0002 2578 6351 for service on 10th District Court of Appeals 02 15 13.
 02/20/2013  RETURN OF CERTIFIED MAIL RECEIPT  # 7001 0320 0002 2578 6351 received on unknown date by signature of unreadable.
 02/20/2013  SERVICE OF CERTIFIED MAIL  #7001 0320 0002 2578 6382 for service on 10th District Court of Appeals postmarked February 19, 2013.
 02/25/2013  RETURN OF CERTIFIED MAIL RECEIPT  #7001 0320 0002 2578 6382 for service on 10th District Court of Appeals signed on (no date) by B. Montgomery.
 02/25/2013  NOTICE- CASE FILE TRANSMITTED TO COURT OF APPEALS  To 10th District Court of Appeals, case no. 13AP-137, CASE DOCKET COMPRISING THE RECORD ON APPEAL AND CROSS APPEAL, TRANSMITTAL AND CERTIFICATE OF RECORD ON APPEAL and expando with two case files marked part I and part II, expando with deposition transcirpt of Brent Heavilin, deposition transcript of Jason Craven, deposition transcript of John Husted, deposition transcript of Mamie Hollenback, deposition transcript of Richard G. Milleson, deposition transcript of Lanny Erdos, deposition transcript of Susan Grant and two copies of deposition transcript of Richard W. Warden, list of exhibits, black binder with plaintiff?s exhibits 1,4,5,8,9,12,14,15,15a,15b,16,16a,16b,19,21,23,27,-29 and 31, black binder with plaintiff?s exhibits 22,31 and 32 and black binder with joint exhibits A1 thru M.
 02/25/2013  NOTICE  Of filing transcipts for liability and damages trial; filed by Randall W. Knutti and Emily M. Simmons, assistant attorneys general, attorneys for defendant with certificate of service.
 02/25/2013  TRANSCRIPT OF PROCEEDINGS For the December 28, 2011 liability trial, transcribed by Professional Reporters, Inc.
 02/25/2013  TRANSCRIPT OF PROCEEDINGS For the August 1, 2012 damages trial, transcribed by Professional Reporters, Inc.
 02/26/2013  NOTICE- CASE FILE TRANSMITTED TO COURT OF APPEALS  To 10th District Court of Appeals, case no. 13AP-137, case docket on appeal, supplemental transmittal and certificate of record on appeal and notice of filing trial transcripts, Transcript of December 28, 2011 Proceedings, Volumue I and Transcript of August 1, 2012 Proceedings

 Case Exhibits    (Top of page)
Submitting Party: JOINT
Exhibit Hearing Type Date Disposition Description
B Damage Trial  08/01/2012  Admitted Defendant's responses to plaintiff's second set of interrogatories
C Damage Trial  08/01/2012  Admitted Defendant's response to plaintiff's third requuest for production of documents
D Damage Trial  08/01/2012  Admitted Plaintiff's OPERS Incentive Plan Agreement
E Damage Trial  08/01/2012  Admitted OPERS handbook, insurance and health benifits
F Damage Trial  08/01/2012  Admitted Employee history report Jared Knerr
G Damage Trial  08/01/2012  Admitted Pay range classification
H Damage Trial  08/01/2012  Admitted Health care deductions rate
I Damage Trial  08/01/2012  Admitted OPERS retirement, benefit information
J Damage Trial  08/01/2012  Admitted Plaintiff's responses to defendant's first set of interrogatories
K Damage Trial  08/01/2012  Admitted E-mail to Robert Baker
L Damage Trial  08/01/2012  Admitted E-mail to William Wolfe
M Damage Trial  08/01/2012  Admitted E-mail to Andrew Cooper
A-1 Damage Trial  08/01/2012  Admitted Preliminary report concerning the loss of plaintiff's earning capacity by Dr. John F. Burke May 30, 2012
A-2 Damage Trial  08/01/2012  Admitted Dr. John F. Burke report of July 12, 2012
A-3 Damage Trial  08/01/2012  Admitted Dr. John F. Burke report of July 16, 2012
A-4 Damage Trial  08/01/2012  Admitted Curriculum Vitae of Dr. John F. Burke Ph.D.
A-5 Damage Trial  08/01/2012  Admitted List of cases of Dr. Burke
J-1 Damage Trial  08/01/2012  Admitted Information required for an economic report
J-2 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2005
J-3 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2006
J-4 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2007
J-5 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2008
J-6 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2009
J-7 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2010
J-8 Damage Trial  08/01/2012  Admitted Plaintiff tax records for 2011
J-9 Damage Trial  08/01/2012  Admitted Plaintiff's pay stub, W-2 form
J-10 Damage Trial  08/01/2012  Admitted 2011 W-2, and two 1099's
J-11 Damage Trial  08/01/2012  Admitted Pension payment details
J-12 Damage Trial  08/01/2012  Admitted OPERS two year buy out letter
J-13 Damage Trial  08/01/2012  Admitted OPERS letter confirming date of retirement
J-14 Damage Trial  08/01/2012  Admitted ODNR job approval form for Jared Kneer
J-15 Damage Trial  08/01/2012  Admitted Position description for engineer 4
J-16 Damage Trial  08/01/2012  Admitted Position description for engineer 3
J-17 Damage Trial  08/01/2012  Admitted ODNR job posting
J-18 Damage Trial  08/01/2012  Admitted OPERS member handbook
J-19 Damage Trial  08/01/2012  Admitted AEP/Columbus Southern Power pay stub
J-20 Damage Trial  08/01/2012  Admitted OPERS statement of refund
J-21 Damage Trial  08/01/2012  Admitted Quarterly statement of earnings from PDH engineer.com
J-22 Damage Trial  08/01/2012  Admitted Quarterly statement of earnings from PDH on line.com
J-23 Damage Trial  08/01/2012  Admitted Quarterly statement of earnings from PDH online.com from 2010
Submitting Party: PLAINTIFF
Exhibit Hearing Type Date Disposition Description
1 Liability Trial  12/28/2011  Admitted Assorted emails between 2/27/09 to 3/2/09
12 Liability Trial  12/28/2011  Admitted Assorted emails between 8/2/10 and 8/2/10
14 Liability Trial  12/28/2011  Admitted ODNR job posting for Natural Resources engineer 3
15 Liability Trial  12/28/2011  Admitted ODNR interview score sheet for Richard Warden completed by Sue Grant
15a Liability Trial  12/28/2011  Admitted ODNR interview score sheet for Richard Warden completed by Jason Craven
15b Liability Trial  12/28/2011  Admitted ODNR interview score sheet for Richard Warden completed by Brent Heavilin
16 Liability Trial  12/28/2011  Admitted ODNR interview score sheet for Jared Kneer completed by Sue Grant
16a Liability Trial  12/28/2011  Admitted ODNR interview score sheet for Jared Kneer completed by Brent Heavilin
16b Liability Trial  12/28/2011  Admitted ODNR interview score sheet for Jared Kneer completed by Jason Craven
19 Liability Trial  12/28/2011  Admitted State of ohio personnel action form for Thomas Tugend-return from retirement, dated 4/2/10
21 Liability Trial  12/28/2011  Admitted ODNR applicant flow date form for Natural Resources admin 4 position
22 Liability Trial  12/28/2011  Admitted Assorted emails between 11/19/09 to 11/20/09
23 Liability Trial  12/28/2011  Admitted Richard Warden's employment application for Natural Resources engineer 3 position
27 Liability Trial  12/28/2011  Admitted ODNR memo from Steve Bates to division/staff human resources staff, dated 3/20/09 regarding re-employment of state of ohio public employer retirees
28 Liability Trial  12/28/2011  Admitted ODNR letter to Richard Warden from Mamie Hollenback, dated 3/31/10 comfirming interview date and time
29 Liability Trial  12/28/2011  Admitted Gmail from Richard Warden to John Husted dated 5/6/10 regarding dealing with principles and not the legal aspect
31 Liability Trial  12/28/2011  Admitted ODNR letter to Richard Warden from Elizabeth Alguire dated 8/2/10 informing him of the selection of another canditate for the position of Natural Resources engineer 3
4 Liability Trial  12/28/2011  Admitted Assorted emails between 1/9/10 and 1/10/10
5 Liability Trial  12/28/2011  Admitted Email from Lanny Erdos to John Husted dated 5/4/10 regarding Rick Warden
8 Liability Trial  12/28/2011  Admitted Assorted emails between 5/10/10 and 5/11/10
9 Liability Trial  12/28/2011  Admitted Applicant flow data sheet singed by Mannie Hollenback
22 Damage Trial  08/01/2012  Admitted E-mail from Richard Warden to Sue Grant 11-20-09.(resubmitted)
31 Damage Trial  08/01/2012  Admitted Letter fron ODNR Elizabeth Alguire to plaintiff (resubmitted)
32 Damage Trial  08/01/2012  Admitted Plaintiff's supplemental responses to defendabt's request for production of documents relating to damages directed to plaintiff