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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

MELISSA McFADDEN, : CIVIL ACTION NO. 18cv544

:

Plaintiff, : 

: JUDGE SARGUS

v. :

: MAGISTRATE JUDGE JOLSON

: 

CITY OF COLUMBUS, :

Defendant :

JOINT MOTION REQUESTING A STATUS CONFERNCE

The Parties respectfully request a Status Conference before the Honorable Magistrate 

Judge Jolson to provide the Court a progress report on discovery, and discuss potential new 

deadlines for discovery to meet the Parties’ needs and allow for effective prosecution and 

defense of the case. The Parties are available on January 7, or 8, for a telephonic Status 

Conference. A Memorandum in Support is attached to this Motion. 

Respectfully submitted:

By: /Susan E. Thompson per e-mail consent

Susan E. Thompson (0073375)

Westley M. Phillips (0077728)

Assistant City Attorneys

77 N. Front St., 4 Floor

Columbus, Ohio 43215-9013

(614) 645-7385

Attorneys for Defendants

By: /s/ Samuel M. Schlein

Samuel M. Schlein (0092194)

(sschlein@marshallforman.com)

John S. Marshall (0015160)

(jmarshall@ marshallforman.com)

Edward R. Forman (0076651)

(eforman@ marshallforman.com)

MARSHALL AND Forman LLC

250 Civic Center Dr., Suite 480

Columbus, Ohio 43215-5296

(614) 463-9790

Case: 2:18-cv-00544-EAS-KAJ Doc #: 16 Filed: 12/19/19 Page: 1 of 3 PAGEID #: 67
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Fax (614) 463-9780

MEMORANDUM IN SUPPORT

Since this action was instituted Plaintiff has served substantial paper discovery requests 

to Defendant. Plaintiff’s requests encompass both interrogatories as well as requests for 

production documents. Defendant has determined that in order to respond to Plaintiff’s requests 

that there are thousands, of documents that are responsive. Prior to production of these e-mails, 

Defendant must review each document not only for traditional privileges, but also for privileges 

unique to law enforcement agencies to ensure that the production of documents do not interfere 

with the Division of Police’s crime interdiction responsibilities. Because of the volume of 

documents responsive to Plaintiff’s requests, and the review necessary prior to production, the 

discovery process has been slowed beyond the Parties’ initial estimates.

Moreover, adding to the delay, was an unforeseen promotion of Defendant’s lead 

counsel, requiring the substitution of Mr. Phillips. Mr. Phillips is working diligently to 

understand the case and respond to discovery.

Therefore, based on these unforeseen delays, the Parties respectfully request a telephonic 

Status Conference to be held at the Court’s convenience on January 7, or 8, to provide an update 

as to the production of documents, as well as to suggest a case calendar that fits the Parties’ 

needs in the matter.

Case: 2:18-cv-00544-EAS-KAJ Doc #: 16 Filed: 12/19/19 Page: 2 of 3 PAGEID #: 68
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Respectfully submitted:

By: / Susan E. Thompson per e-mail consent

Susan E. Thompson (0073375)

Westley M. Phillips (0077728)

Assistant City Attorneys

77 N. Front St., 4 Floor

Columbus, Ohio 43215-9013

(614) 645-7385

Attorneys for Defendants

By: /s/ Samuel M. Schlein

Samuel M. Schlein (0092194)

(sschlein@marshallforman.com)

John S. Marshall (0015160)

(jmarshall@ marshallforman.com)

Edward R. Forman (0076651)

(eforman@ marshallforman.com)

MARSHALL AND Forman LLC

250 Civic Center Dr., Suite 480

Columbus, Ohio 43215-5296

(614) 463-9790

Fax (614) 463-9780

CERTIFICATE OF SERVICE

I hereby certify that on this 19th day of December, 2019, this document was electronically 

filed via the Court’s authorized electronic filing system to all parties involved. 

By: /s/ Samuel M. Schlein

Samuel M. Schlein (0092194)

Case: 2:18-cv-00544-EAS-KAJ Doc #: 16 Filed: 12/19/19 Page: 3 of 3 PAGEID #: 69