IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WILLIAM SCHMITT, JR., et al., :

:

Plaintiffs, : Case No. 2:18-cv-966

:

v. : Judge Edmund Sargus, Jr.

:

OHIO SECRETARY OF STATE, et al., : Magistrate Judge Elizabeth Deavers

 :

:

Defendants. :

AGREED MOTION TO STAY BRIEFING ON PLAINTIFFS’ MOTION 

FOR ATTORNEYS’ FEES AND COSTS PENDING APPEAL

Defendants Ohio Secretary of State and the Portage County Board of Elections and 

Plaintiffs William Schmitt, Jr., Chad Thompson, and Debbie Blewitt respectfully submit this 

Agreed Motion to Stay Briefing on Plaintiffs’ Motion for Attorneys’ Fees and Costs. 

On February 11, 2019, this Court issued a Final Judgment (Doc. 37) in this matter. 

Subsequently, on March 12, 2019 Defendant Ohio Secretary of State filed a Notice of Appeal 

(Doc. 41) to the United States Court of Appeals for the Sixth Circuit. 

On March 15, 2019, Plaintiffs filed a Motion for Attorneys’ Fees and Costs pursuant to 

Fed. R. Civ. P. 54(d) and S.D. Ohio Civ. R. 54.2 (Doc. 45). In light of the pending appeal and in 

the interest of the efficient use of the Court’s resources and to avoid potential repetition, 

Plaintiffs and Defendants respectfully request that the Court permit them to delay briefing of 

Plaintiffs’ Motion for Attorneys’ Fees and Costs. The parties propose that briefing would begin 

with Plaintiffs filing their memoranda in support of their motion for attorneys’ fees and costs 45 

days after a mandate is issued by the United States Court of Appeals for the Sixth Circuit 

pursuant to Fed. R. App. P. 41. 

Case: 2:18-cv-00966-EAS-EPD Doc #: 48 Filed: 03/20/19 Page: 1 of 2 PAGEID #: 364
Respectfully submitted,

DAVE YOST

OHIO ATTORNEY GENERAL

/s/Mark R. Brown (per email authority) /s/ Renata Y. Staff

MARK R. BROWN (0081941)* SARAH E. PIERCE (0087799)*

*Trial Attorney for Plaintiffs *Lead Counsel

303 East Broad Street RENATA Y. STAFF (0086922)

Columbus, OH 43215 Assistant Attorneys General

Tel. (614) 236-6590 Constitutional Offices Section

Fax (614) 236-6956 30 East Broad Street, 16th Floor

mbrown@law.capital.edu Columbus, Ohio 43215

Tel: 614-466-2872 | Fax: 614-728-7592

MARK G. KAFANTARIS (0080392) sarah.pierce@ohioattorneygeneral.gov

625 City Park Avenue renata.staff@ohioattorneygeneral.gov

Columbus, Ohio 43206

(614) 223-1444 Counsel for Defendant

(614) 300-5123(fax) Ohio Secretary of State Frank LaRose

mark@kafantaris.com

Counsel for Plaintiffs /s/ Christopher J. Meduri (per email 

authority)

CHRISTOPHER J. MEDURI (0065072) 

Chief Assistant Prosecuting Attorney 

241 South Chestnut Street 

Ravenna, Ohio 44266 

(330) 297-3850 telephone 

(330) 297-4594 facsimile 

cmeduri@portageco.com 

Counsel for Defendant 

Portage County Board of Elections

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Agreed Motion to Stay Briefing on Plaintiffs’ Motion 

for Attorneys’ Fees and Costs Pending Appeal was filed electronically on March 20, 2019. 

Notice of this filing will be sent to all parties by operation of the Court’s electronic filing system.

/s/ Sarah E. Pierce

SARAH E. PIERCE (0087799) 

Assistant Attorney General

Case: 2:18-cv-00966-EAS-EPD Doc #: 48 Filed: 03/20/19 Page: 2 of 2 PAGEID #: 365