IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

 

JOHN FASTRICH and UNIVERSAL 

INVESTMENT SERVICES, INC., 

 Plaintiffs, 

 vs. 

GREAT AMERICAN FINANCIAL 

RESOURCES, INC., 

 Defendant.

 

CASE NO. 1:17-cv-00615-SJD 

JOINT MOTION FOR EXTENSION 

OF TIME FOR PLAINTIFFS TO 

RESPOND TO DEFENDANT’S 

MOTION TO DISMISS AND TO 

CONTINUE PRELIMINARY 

CONFERENCE 

Plaintiffs, through undersigned counsel, and Defendant, through undersigned counsel, 

respectfully ask the Court to extend the deadline for Plaintiffs to respond to Defendant’s Motion 

to Dismiss until April 16, 2018 and to continue the preliminary pretrial conference set for March 

15, 2018 to a date after April 16, 2018. In support of this motion, the parties state as follows: 

1. Plaintiffs filed their Complaint on September 14, 2017. 

2. On November 28, 2017, Plaintiffs and Defendant filed a Joint Motion to Extend Time 

to Respond to Complaint and to Continue Preliminary Conference. [Doc. 8.] 

3. On November 30, 2017, the Court granted the Joint Motion to Extend Time to Respond 

to Complaint and to Continue Preliminary Conference. [Doc. 9.] The Court ordered 

that Defendant have until February 9, 2018 to answer, move, or otherwise respond to 

Plaintiffs’ Complaint. 

4. On January 30, 2018, the parties filed a status report advising the Court that the parties 

did not reach a resolution of this case during their January 26 mediation. [Doc. 15] 

Case: 1:17-cv-00615-SJD Doc #: 18 Filed: 02/22/18 Page: 1 of 4 PAGEID #: 83
5. On January 31, 2018, the Court set a preliminary pretrial conference for March 15, 

2018 at 10:30 a.m. [Doc. 16] 

6. On February 9, 2018, Defendant filed its Motion to Dismiss. [Doc. 17.] Plaintiffs’ 

opposition is due on March 2, 2018. 

7. Since the January 26 mediation and the status report filed on January 30, the parties 

have continued to discuss a potential settlement of this case. 

8. To allow the parties additional time to discuss a potential settlement of this case, the 

Parties respectfully request that: a) the Court extend Plaintiffs’ deadline to respond to 

Defendant’s motion to dismiss until April 16, 2018 and b) the Court reset the 

preliminary pretrial conference from March 15, 2018 until a date at the Court’s 

convenience that falls after April 16, 2018. 

WHEREFORE, as set forth above, the Parties respectfully request that this Court enter an 

order granting this motion and extend Plaintiffs’ deadline to respond to the Motion to Dismiss 

from March 2, 2018 to April 16, 2018 and reset the preliminary conference for a date at the Court’s 

convenience that falls after April 16, 2018. 

Case: 1:17-cv-00615-SJD Doc #: 18 Filed: 02/22/18 Page: 2 of 4 PAGEID #: 84
Dated: February 22, 2018 

/s/ Lydia M. Floyd 

Lydia M. Floyd 

Alan L. Rosca 

James P. Booker 

PEIFFER, ROSCA, WOLF, 

ABDULLAH, CARR & KANE

A PROFESSIONAL LAW CORPORATION

1422 Euclid Avenue, Suite 1610 

Cleveland, Ohio 44115 

Telephone: (216) 570-0097 

Facsimile: (888) 411-0038 

E-Mail: jbooker@prwlegal.com 

 lfloyd@prwlegal.com 

 arosca@prwlegal.com 

SHINDLER ANDERSON GOPLERUD &

WEESE P.C. 

J. Barton Goplerud 

Brian O. Marty 

5015 Grand Ridge Drive, Suite 100 

West Des Moines, Iowa 50265 

Telephone: (515) 223-4567 

Facsimile: (515) 223-8887 

E-Mail: goplerud@sagwlaw.com 

 marty@sagwlaw.com 

 

Counsel for Plaintiffs 

/s/ Brian P. Muething 

Brian P. Muething 

James R. Matthews 

Keating Muething & Klekamp PPL 

One East Fourth Street, Suite 1400 

Cincinnati, OH 45202 

T: 513.639.3814 

E: jmatthews@kmklaw.com 

E: bmuething@kmklaw.com 

Counsel for Defendant Great American 

Financial Resources, Inc., 

Case: 1:17-cv-00615-SJD Doc #: 18 Filed: 02/22/18 Page: 3 of 4 PAGEID #: 85
CERTIFICATE OF SERVICE 

I hereby certify that on February 22, 2018 a copy of the foregoing was served via the 

Court’s ECF system. 

February 22, 2018 /s/ Lydia M. Floyd 

Lydia M. Floyd 

PEIFFER ROSCA WOLF 

ABDULLAH CARR & KANE, 

A Professional Law Corporation 

Case: 1:17-cv-00615-SJD Doc #: 18 Filed: 02/22/18 Page: 4 of 4 PAGEID #: 86