Opinion

McCormick v. Franklin County Court of Common Pleas Domestic Division

Court
District Court, S.D. Ohio
Filed
Oct 29, 2019
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

MOSES MCCORMICK, et al., :

: Case No. 2:19-cv-03329

Plaintiffs, :

: JUDGE ALGENON L. MARBLEY

v. :

: Magistrate Judge Jolson

FRANKLIN COUNTY COURT OF COMMON :

PLEAS, DOMESTIC DIVISION, et al. :

:

Defendants. :

ORDER

This matter is before the Court on several of the Defendants’ Motions to Dismiss or for

Judgment on the Pleadings. (Docs. 9, 12, 27, 53, 63, 69, 80, 110.) This case was originally filed

in the District of Arizona and each Motion is premised on the District of Arizona lacking personal

jurisdiction over the Defendants. Since these Motions were filed, however, this case has been

transferred to the Southern District of Ohio. Consequently, the arguments that these Motions raise

are now moot. For this reason, the Court DENIES the following Motions as MOOT:

 Defendant Buckeye Ranch, Inc.’s Motion to Dismiss for Lack of Personal Jurisdiction

[#9];

 Defendants City of Columbus; Columbus Division of Police; Franklin County

Municipal Court; and Detective William Wallace’s Motion to Dismiss for Lack of

Personal Jurisdiction and Improper Venue [#12];1

1 Defendant Franklin County Municipal Court also moved for dismissal, claiming there are no

allegations against it in the Complaint. Plaintiffs did, however, assert factual allegations against

the Franklin County Court of Common Pleas Municipal Division, presumably intending to assert

the claims against the Franklin County Municipal Court. The Court finds that this, coupled with

the fact that the Franklin County Municipal Court was expressly named as a Defendant in the case,

gave Defendant Franklin County Municipal Court sufficient notice of the allegations against it.

See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (“A document filed pro se is to be liberally construed and

 Defendant Hsiu-Chen Lu’s Motion to Dismiss for Lack of Personal Jurisdiction [#27];

 Defendant Todd D. Sidoti’s Motion to Dismiss for Lack of Personal Jurisdiction and

Improper Venue [#53];

 Defendants Franklin County, Ohio; Franklin County Court of Common Pleas,

Domestic Division; Franklin County Court of Common Pleas, Civil Division; Franklin

County Department of Job and Family Services; Franklin County Child Support

Enforcement Agency; Susan Brown; and Darcy Shafer’s Motion to Dismiss for Lack

of Personal Jurisdiction [#63];

 Defendant Catherine White’s Motion to Dismiss for lack of Personal Jurisdiction

[#69];

 Defendant Jeffrey Anderson’s Motion to Dismiss [#80];

 Defendant Rosemarie Welch’s Motion for Judgment on the Pleadings for Lack of

Personal Jurisdiction [#110].

IT IS SO ORDERED.

/s/ Algenon L. Marbley___

ALGENON L. MARBLEY

CHIEF UNITED STATES DISTRICT JUDGE

DATED: October 29, 2019

a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal

pleadings drafted by lawyers.”) (internal quotations and citations omitted).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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