BIG BROTHERS, INC. v. DEPARTMENT OF TRANSP., 2008-11869-AD (8-7-2009)

2009-Ohio-6606

Big Brothers, Inc., Plaintiff, v. Ohio Department of Transportation, Defendant.

No. 2008-11869-AD.Court of Claims of Ohio.
August 7, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

ENTRY OF DISMISSAL {¶ 1} On December 30, 2008, plaintiff, Big Brothers, Inc., filed a complaint against defendant, Department of Transportation. On January 7, 2009, this court issued an entry requiring plaintiff to retain counsel representing the corporate entity and submit the $25 filing fee or a poverty statement. On February 9, 2009, the plaintiff submitted an amended complaint purportedly signed by attorney Michael Maly and the $25 filing fee.

{¶ 2} On February 18, 2009, this court received a letter from attorney Maly indicating he did not represent the plaintiff. Accordingly, on April 8, 2009, this court issued an entry removing Mr. Maly as attorney and requiring the plaintiff to retain counsel within 30 days or face dismissal of the case.

{¶ 3} A review of the docket reveals plaintiff has not retained counsel. Therefore, plaintiff’s case is DISMISSED, without prejudice, pursuant to Civ. R. 41. Court costs for this case shall be assumed in excess of the filing fee.

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