Document Type

Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322

Date

May 28, 1997

Box Number

30

Item Number

141

Keywords

plaintiff's filing, judgment on the pleadings, motion to strike, laches, statute of limitations, standing, abatement

Abstract

Now comes the Plaintiff, through counsel, and hereby moves this Court, pursuant to Rule 12(F) of the Ohio Rules of Civil Procedure, to strike Defendant's Motion for Judgment on the Pleadings, or in the alternative, to deny said Motion for the reason that the arguments contained in said Motion have been previously briefed and presented to this Court and rejected, are clearly redundant and have no merit.

In the August, 1996 Motion to Dismiss (overruled on January 13, 1997), the State raised !aches, statute of limitations, standing, abatement, and only live individuals can sue. In the May, 1997, Motion for Judgment on the Pleadings, the State raised laches, statute of limitations, standing, abatement, and only live individuals can sue. No new law, facts or grounds were stated, other than the concept of jurisdiction was thrown in.

The State's Motion for Judgment on the Pleadings was denied, the Sheppard Estate's Motion to Strike was denied as moot. 6/3/1997. See docket.

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