IN THE COURT OF COMMON PLEAS

HAMILTON COUNTY, OHIO

STATE EX REL. MARK MILLER, CASE NO. A1801834

RELATOR, Judge Robert P. Ruehlman

-v-
MOTION FOR AN EXTENSION OF
COUNCILMEMBER SITTENFELD, TIME TO RESPOND TO MOTION FOR
ETAL., INTERVENTION AND TO FILE REPLY
IN SUPPORT OF MOTION FOR A
RESPONDENTS. PROTECTIVE ORDER

Respondents City of Cincinnati, Councilmembers Sittenfeld, Seelbach, Dennard,

Landsman, and Young, along with Respondents to the Complaint-in-Intervention City

of Cincinnati and Councilmember Christopher Smitherman hereby respectfully move

this Court to permit all City Respondents additional time to respond to Derek Bauman's

Motion for Intervention in this case and to file a Reply in Support of the Motion for a

Protective Order. Counsel for Derek Bauman has raised a potential conflict that the City

Solicitor's Office will address with its clients, and additional time to respond will permit

the parties to ensure that counsel is adhering to the requirements of the Cincinnati City

Charter as well as Ohio Rules of Professional Conduct. The conflict raised is evidenced

by Exhibit A to this Motion.

Respondents propose an extension of time until and including Monday August

20, 2018 to respond.

Respectfully Submitted,

Paula Boggs Muething

City Solicitor

/s/ Emily E. Woerner

Terrance A. Nestor (0065840)
Deputy City Solicitor

{00263042-1}
 Emily E. Woerner (0089349)
Assistant City7 Solicitor
Room 214, City Hall
801 Plum Street
Cincinnati, Ohio 45202
Phone: (513) 352-3307
Fax: (513) 352-1515
terrv.nestor@cincinnati-oh.gov
emilv.woerner@cincinnati-oh.gov
Counsel for Respondents

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was filed and sent via electronic mail

to the following on July 19, 2018:

Paul DeMarco Brian Shrive

Markovits Stock & Demarco FINNEY LAW FIRM, LLC
3825 Edwards Rd. Suite 650 4270 Ivy Pointe Blvd., Suite 225
Cincinnati, Ohio 45245
Cincinnati, Ohio 45209
brian@finneylawfirm.com
pdemarco@msdlegal.com
chris@finneylawfirm.com
Attorney for Intervenor
Attorneys for Relator Mark Miller

s/Emily E. Woerner
Emily E. Woerner (089349)

{00263042-1}
 MARKOVITS

J STOCK
DeMARCO
Paul M. De Marco
Attorney

July 17,2018

Terence A. Nestor, Esq.

Emily E. Woemer, Esq.
City Solicitor's Office
City Hall, Room 214
801 Plum Street
Cincinnati, Ohio 45202

Re: State ex rel. Miller v. Sittenfeld, Case No. A 1 801 834

Dear Counsel:

We are in receipt of your filing styled as "•Respondents Christopher Smitherman and the
City of Cincinnati's Response to Motion to Intervene." Your signature block refers to you as
"Counsel for Respondents." As you no doubt are aware, the "Respondents" named in the Miller
complaint include not only the City of Cincinnati but also Councilmembers P.G. Sittenfeld, Greg
Landsman, Wendell Young, Tamaya Dennard, and Chris Seelbach. Councilmember Christopher
Smitherman is not. of course, among the "Respondents" named in the Miller complaint. He is,
rather, named as a respondent in Derek Bauman's putative Complaint-in-Intervention.

Please clarify whether your "Response" to Mr. Bauman's motion to intervene was filed
on behalf of your other clients in the Miller action, namely Councilmembers P.G. Sittenfeld,
Greg Landsman, Wendell Young, Tamaya Dennard, and Chris Seelbach. If not, do you intend to
file a response to Derek Bauman's Motion to Intervene on their behalf? If you do, please explain
how you believe you can file that response or take any other action with respect to Mr. Bauman's
motion on the five Councilmembers' behalf without a conflict of interest and without securing
written informed consent from each of the five Councilmembers you claim to represent in Miller.
See Rules 1 .7(a), (b), and (c) and 1 .4(a) and (b) of the Ohio Rules of Professional Conduct.

Thank you.

Sincerely,

. Yj
EXHIBIT
Paul M. De Marco '8
Markovits, Stock & DeMarco LLC
A
Markovits Stock DeMarco LLC Business 513.651.3700 DeMarcoWorld@yahoo.com
3825 Edwards Road. Suite 650 Mobile 513.407.0369 PDeMarco@MSDLegal.com
Cincinnati, Ohio 45209 MSDLegal.com