786 N.E.2d 898Supreme Court of Ohio.
2003.
MOTION AND PROCEDURAL RULINGS
Case Announcements and Administrative Actions April 23, 20032001-0960. Westside Cellular, Inc. v. Pub. Util. Comm.
Public Utilities Commission, No. 93-1758-RC-CSS. On motion for clarification. Motion denied.
Moyer, C.J., and Lundberg Stratton, J., would deny as moot.
2001-1158. Cincinnati SMSA L.P. v. Pub. Util. Comm.
Public Utilities Commission, No. 93-1758-RC-CSS. On motion for clarification of November 19, 2002 stay order and motion for extension of stay order pending appeal to the United States Supreme Court. Motions denied.
2002-0803 and 2002-0837. German v. Therm-O-Disc, Inc.
Richland App. No. 01CA512, 2002-Ohio-1848. On motion to dissolve/lift stay of briefing. Motion denied.
Moyer, C.J., and Cook, J., dissent.
On motion to dismiss case. Motion denied.
F.E. Sweeney, J., dissents.
2002-1815 and 2002-2008. Theobald v. Univ. of Cincinnati.
Franklin App. Nos. 02AP-560, 02AP-593, 02AP-597 and 02AP-598. On motion for admission pro hac vice of Douglas C. Holland by James P. Sullivan for Keith Theobald et al. Motion granted.
2003-0396. State v. Finger.
Cuyahoga App. No. 80691, 2003-Ohio-402. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decisions in 2002-1879 State v. Johnson, Cuyahoga App. No. 80459, 2002-Ohio-4581, and 2002-1888, State v. Jordan, Cuyahoga App. No. 80675,2002-Ohio-4587; briefing schedule stayed.
F.E. Sweeney, J., dissents.
2003-0406. Keegan v. Am. Internatl. Group, Inc.
Certified State Law Question, No. 3:02CV7127. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). Sua sponte, cause held for the decision in 2002-1956, Tucker v. Wilson, Clermont App. No. CA2002-01-002, 2002-Ohio-5142; briefing schedule stayed.
Cook, J., not participating.
2003-0417. Willow Park Convalescent Home, Inc. v. CrestmontCleveland/Partnership.
Cuyahoga App. Nos. 81147 and 81259, 2003-Ohio-172. On motion for stay of court of appeals’ judgment. Motion granted and supersedeas bond continued.
Pfeifer and O’Connor, JJ., dissent.
2003-0426. Weller v. Titanium Metals Corp.
Certified State Law Question, No. C:202290. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the following question certified by the United States District Court for the Southern District of Ohio, Eastern Division:
“In the absence of direct proof of age discrimination, is the fourth element in a prima facie case established under Ohio Revised Code Section 4112.02 et seq. where the plaintiff proves that he or she was replaced by a person substantially younger than he or she even though the replacement is over forty years old? More specifically, is the fourth element of the age discrimination prima facie case, as set forth in Barker v. Scovill, Inc., 6 Ohio St.3d 146, 451 N.E.2d 807, Syl. ¶ 1 (1983), still viable in light of the United States Supreme Court decision in O’Connor v. Consolidated Coin Caterers Corporation, 517 U.S. 308, 313 (1996)?”
Lundberg Stratton, J., dissents.
On motion to consolidate for purposes of oral argument with 2002-1758, Coryell v. Bank One Trust
Page 1536
Co., Franklin App. No. 02AP-191, 2002-Ohio-4443. Motion granted.
Lundberg Stratton, J., dissents.
2003-0458. State v. Wright.
Hancock App. No. 5-01-10, 2001-Ohio-2255. On motion for leave to file delayed appeal. Motion denied.
Lundberg Stratton, J., dissents.
2003-0465. Toledo v. Buchanan.
Lucas App. No. L-02-1010, 2003-Ohio-480. On motion for stay of imposition of sentence. Motion denied.
Moyer, C.J., and F.E. Sweeney, J., dissent and would grant the motion with the same bond.
Cook, J., would grant.
2003-0477. State v. Gentry.
Hamilton App. Nos. C-020026 and C-020027. On motion for leave to file delayed appeal. Motion denied.
Pfeifer and Lundberg Stratton, JJ., dissent.
2003-0482. State v. Stallworth.
Stark App. No. 2001CA00372, 2002-Ohio-3482. On motion for leave to file delayed appeal. Motion denied.
2003-0484. State v. Cuevas.
Lorain App. No. 91CA005043. On motion for leave to file delayed appeal. Motion denied.
2003-0516. State v. Meisenhelder.
Licking App. No. 01CA00068, 2002-Ohio-1449. On motion for leave to file delayed appeal. Motion denied.
2003-0524. Wiley v. Grange Mut. Cas. Co.
Summit App. No. 21145, 2003-Ohio-539. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2002-0579 Burkhart v. CNA Ins. Co., Stark App. No. 2001CA00265,2002-Ohio-903; briefing schedule stayed.
Lundberg Stratton, J., dissents.