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Supreme Court of Ohio IN THE SUPREME COURT OF OHIO STATE OF OHIO, ex rel. Case No. 2011-0132 THE VINDICATOR PRINTING CO., et al., Relators, (Original Action in Prohibition and Mandamus) vs. THE HONORABLE WILLIAM H. WOLFF, JR., et al., Respondents. MOTION OF RELATORS THE VINDICATOR PRINTING CO. AND WFMJ TELEVISION, INC. FOR LEAVE TO FILE AN AMENDED COMPLAINT, INSTANTER (EXHIBITS G - O TO AMENDED COMPLAINT) Marion H. Little, Jr. (0042679) Carley J. Ingram (0020084) Christopher J. Hogan (0079829) Assistant Prosecuting Attorney Zeiger, Tigges & Little LLP Montgomery County Prosecutor's Office 3500 Huntington Center P.O. Box 972 41 South High Street 301 West Third Street Columbus, Ohio 43215 Dayton, Ohio 45422 Counsel for Relators The Vindicator Counsel for Respondent Judge William H. Wolff, Printing Co. and WFMJ Television, Inc. Jr. Martin G. Weinberg (Pro Hac Vice) Ralph E. Cascarilla (0013526) Law Office of Martin G. Weinberg, P.C. Darrell A. Clay (0067598) 20 Park Plaza, Suite 1000 Walter & Haverfield LLP Boston, MA 02116 The Tower at Erieview 1301 East Ninth Street, Suite 3500 Counsel for Intervening Respondent Cleveland, OH 44114 Anthony M. Cafaro, Sr. Counsel for Intervening Respondent The Cafaro Co. (continued on next page) tEp 14- ioi$ CLERK OF COURT SUPREME COURT OF OHIO J. Alan Johnson (Pro Hac Vice) John F. McCaffrey (0039486) Cynthia Reed Eddy (Pro Hac Vice) Anthony R. Petruzzi (0069102) Johnson & Eddy McLaughlin & McCaffrey, LLP 1720 Gulf Tower Eaton Center, Suite 1350 707 Grant Street 1111 Superior Avenue Pittsburgh, PA 15219 Cleveland, OH 44114-2500 Counsel for Intervening Respondent Counsel for Intervening Respondents Ohio Flora Cafaro Valley Mall Company and Marion Plaza, Inc. Lucy A. Dalglish (Minn. Bar #(257400) - The Reporters Committee for Freedom of the Press 1101 Wilson Blvd., Ste. 1100 Arlington, VA 22209-2211 Counsel of Record for Amicus Curiae (Pro hac vice application pending) Respectfully submitted, Marion H. Little, Jr. (0042679) Christopher J. Hogan (0079829) ZEIGER, TIGGES & LITTLE LLP 3500 Huntington Center 41 South High Street Columbus, Ohio 43215 (614) 365-9900 (Fax)(614)365-7900 littleglitohio.com [email protected] Attorneys for The Vindicator Printing Co. and WFMJ Television, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing has been served, via regular United States mail, postage prepaid, on September' ^ 2011, upon the following: Ralph E. Cascarilla, Esq. Carley J. Ingram, Esq. Darrell A. Clay, Esq. Assistant Prosecuting Attorney WALTER & HAVERFIELD, LLP Montgomery County Prosecutor's Office The Tower at Erieview P.O. Box 972 1301 East Ninth Street, Suite 3500 301 West Third Street Cleveland, OH 44114 Dayton, Ohio 45422 Attolneys for Intervenor, the Cafaro Attomeys for Judge William H. Wolfe, Company Respondent Martin G. Weinberg, Esq. John F. McCaffrey, Esq. Law Office of Martin G. Weinberg, P.C. Anthony R. Petruzzi, Esq. 20 Park Plaza, Suite 1000 McLAUGHLIN & McCAFFREY, LLP Boston, MA 02116 Eaton Center, Suite 1350 1111 Superior Avenue Attorneys for Intervenor, Anthony M. Cafaro, Cleveland, OH 44114-2500 Sr. Attorneys for Intervenor, Ohio Valley Mall Company and Marion Plaza, Inc. Lucy A. Dalglish, Esq. J. Alan Johnson, Esq. The Reporters Committee for Freedom of the Cynthia Reed Eddy, Esq. Press JOHNSON & EDDYI720 Gulf Tower 1101 Wilson Blvd., Ste. 1100 707 Grant Street Arlington, VA 22209-2211 Pittsburgh, PA 15219 Counsel of Record for Amicus Curiae Attorneys for Intervenor, Flora Cafaro (Pro hac vice application pending) 924-001:303534 2 ZEIGER, TIGGES & LITTLE Lt.t' ATTORNEYS AT LAW 1"0tEPHONE. let4i 3654900 FACSIMICE„ 4614% 385-7900 8500 HUN7tN6TON CE^NTER WRiTERB O G'f NUMB 41 SCUTH H46}i 5;7aCF.3' (6t4)36$-4113 GOL.UMBL'S. 4HIO 43215 November 15, 20 d Delivery and Facsimile The Honorable William H. Wc+iff, Jr. Common Pleas Judge, Sitting By Assignment Courtroorn 9 Mahoning, County Court House 120 Market Street Youngstown, OH 44503 1-tonorable William H Wolff Jr. Montgomery County Common Pleas Court 411V Perry Street # 515 Dayton, OH 45402-1431 Mr. Anthony Vivo Mahoning County Clerk of Courts Mahoning County Court House 120 Market Street Youngstown, OH 44503 Re: Tiie Youn-astown Vindieator Records Jteouest Dear Judge Wolff and Mr. Viva: We represent the'Youngstown Vindicator and WFMJ-TV. Pursuant to Section 149.43 of the Ohio Revised Code, we request an opportunity to first inspect; then designate for,copying; all (a) filings made; (b) orders issued or made, irrespective of whether jaurnalized; and/or (c) documents submitted to the Court in S tate of Ohio v. Yavorcik, et al.; Case No. 2010 CR 00800 H, Mahoning County Common Pleas ( oW ^ tilti J.). As the Ohio Supreme Court has made clear, any records or documents (a) filed with tite clerk's office; or (b) received by and utilized by the Court as part of its decision making process, irrespective of whether joumalized, are public records, and must be made available for inspection upon request during regular business hours. See,L,&, State ex rel. WBNS TV. Inc. v. Dues, 101 Ohio St. 3d 406, 411 (2004); State ex rel Mothers Against Drunk Drivers v. {`iosser, 20 E3hio St. 3d 30, 33-34 (1985). ZEIGER, TIGGES & LITTLE LLP November 15, 2010 Page 2 As a result, consistent with 5ectian 149.43, please make these records promptly available for inspection. If any documents are withbA; we respectfully request that they be identified. We appreciate your attention to this matter. Please do not hesitate to call mj(wi,f^ 4^ questions. 924-90)203895 ZEIGER., TIGGES & LITTLE LLP ATTORNEYS AT LAW a66-9900 TEL=_RHONE_P6:.1) ulRITERS OIRECT NUM6ER; 3500 FAC61MI6E (614) 965^7600 HUNT[NGTOTJ CEN7ER 41 SOUTH HIGH STREET (614)3654113. COLUMBUS, OH1O 43215 Novembeer 17, 2010 V ia Hand DeGverv, Email and 1Faasimile Tlie Honorable William H. Wolff, Jr. Common Pleas Judge, Sitting By Assignment Courtroom 9 Maboning County Court House 120 Market Street Youngstown, OH 44503 Hbnorable William H. Wolff, Jr. Montgomery County Contmon Pleas Court 41 N Perry Street # 515 Dayton, OR 45 402-1 43 1 Mr. Anthony Vivo Mahoning County Clerk of Courts Mahvning County Court House 1.20 Market Street Youngstown, Oli 44503 Re: The Younestown.Vindicator Public Records Reauest Dear Judge Wolff and Mr. Vivo: We represent the Youngstow>ln Vindicator and WFMJ-TV. Pursuant to Seetion 149.43 of the Ohio Revised Code, we request an opportunity to first inspect, then designate for copying, all (a) filings made; (b) orders issued or made, irrespective of whether joumalized; and/or (c) documents submitted to the Court in State of Ohio v. Anthonv M. Cafaro. Jr., et a1., Case No. 2010 CR 00800 and subsets A -1:, Mahoning County. Common Pleas Court (Wolff, J.). We had previously made a public records request in Case No. 2010 CR 00800(H). As the Ohio Supreme Court has made clear, any records or documents (a) filed with the clerk's ofJflce; or (b) received by and utilized by the Court as part of its decision making process, irrespective of whether journa(ized, are public records, and must be made available for inspeetion upon.request during regular business hours. See, g.g., State ex rel. WBNS TV Inc. v. Dues, 101 Ohio St. 3d 406, 411 (2004); State ex ret iylotlrers Aaainst Drunk Drivers v. Gosser, 20 Ohio St. 3d 30, 33-34 (1985). ZEIGER, TI{'rGEB & LITTLE LLP November 17; 2010 Page 2 As a result, consistent with Section 149.43, please make these records promptly available for inspection. If any documents are withheld, we,,Tspectfutly request that they be identified. We appreciate your attention to this matter. 11 Please do not hesitate to call me with any^lpest(ons. Very t^lAyou 924-00l:203345v2 11J17)2010 10:21 AM FROM: ZTL LLP ZTL TO: 913307402105 PAGS: 002 OF 003 GI;IGEFI TIi?CiES & tiTTI,F i:r.V ATTbRNEYS AT tA4V . - ^. ^. W417ER50I.R£C: NUNAl2.. .: ^. ^. ^. FA£SIMIlE.01E1569-75tio :. 35D0 flVi9T1N0I014 C$NTEfl. .,,.:. .:: .:: . ..... .......:: 41 SOUTH NIGN STREET . , . _ . , . _ _ ^. f61413@5-4Ii:J: . ,. , , ............................................. ,..... ..... .... .....,.. ._..... ....... :..... ...... ..^.......,...,,.. GOSUM9U5, -0N1C5A3$i6 November. 17, 2014 . : ^. ^. Vi$ F8081l1tile Ms. Kat}n McNabb We sh Chief Deputy Anthony Vi4o Mahoning C6unty Clerk of Courts IVI.Ahonirtg Connty ^.'^otuthoUse'. 120 Market Street Yuungstown, OH 44563 Re::: The Y'onn2stown G_indicator Pn6lic Records Re€luesi Aear Ms. Welsh: Thank you i'or your letter of Noventber 16; 20i0. As you know;: we haave mado similar pub[iC records recjuesis with respect to Case No. 2010 CR 008:00 and siabsets A- I: We assume that the approachciutirned in your letter of N9wernber 16, 2010 will be followed as to thoseas well VJe noticed: the: tiling af:the folisiwing documents on I4ovesnber:5,:241fl, and:Novernber 1:6, 2010: I. Bill of 1?articulais: for ]ohn. Zachariah filed Uniler Seal by _. Pla#^stiff (filed 1775 j10 in Case No_ 201:4 CR Qti800(^)?; L Meiriorandum of i:aw in 5upport of oint Ivlotion of #1.nthony eafaro: Sr;;_'Ihe: ea£aro Co;, Ohio Valay Mall, hdarion:Plaz,t Inc.: and Fl®:ra Cafaro to Disnaiss Iridictmen# Filed Urtder Seal (filed I}(16%10 in Case No. 2010 CR 00800^>and. .. 3. Jotnt Motion pf Anthony Cafaro: Sr.; The Cafaro:Ca:, f?hio:: : Valey Mall; Matioci Piaaa In.c: aitd FlomCafaro to Dismiss Indictment Filed UMer Seal (Fled I llkfil10 in (tase No. 20I O:CR 40800).: 11/17/2010 10;21 AM FROM; ZTL LLE ZTL 70: 913307402105 PACE:003 0F 003 ZT':1CaER, TICiOES & .I.xTTA.F. LLP Ms. Kathi McNabb Welsh November 17, 2010 Page.2. "We are not able to access these documents and thus we ask that you pleaseprovide us a copy for inspection or, if it is more eonvenient for you, simply have a copy ma& and sent to the undersigned.
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