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Disciplinary Counsel v. O'Neill9/7/2004
Corl (admitted 1985, associate, now partner at Crabbe, Brown) represented the plaintiffs who had filed the civil suit in 1998.
140. In mid-November 1999 Dan More began having health problems which started as severe back aches which had affected his ability to work. He handled all of the labor negotiations and civil litigation for the City of Upper Arlington. He was the only counsel assigned to the Gosnell case with total responsibility for the case. Janine Amid (admitted 1985, private practice, Staff with the City Attorney of Upper Arlington, now City Attorney) was the staff attorney who handled their criminal prosecutions and served as civil backup when needed. The City Attorney, Sharon Pfancuff, handled city council and managed the office.
141. In November 1999 Dan More was also involved in negotiations with the Teamsters for a new city contract in a situation in which there had already been a strike. On November 24, 1999 the Gosnell parties filed a Joint Motion to Continue Trial Date which was then scheduled for February 2, 2000. The motion did not mention More's health but cited timing issues related to More's involvement in labor negotiation. (Exhibit 374) Shortly after the November 24th motion was filed Attorney More learned that his illness was a rare and lethal form of cancer. Plans were made for aggressive intervention and treatment which was predicted to disable More for 3-6 months. (Transcript Vol. VIII -- 25-29)
142. The assistant city attorney, Janine Amid filed on December 1, 1999 a Motion to Extend the existing case schedule, asking that discovery and motion deadlines be delayed. Amid sent a copy of the motion directly to Judge O'Neill accompanied by a letter which stated that Attorney More had "an unexpected and serious illness" and this was "an unusual request based on extraordinary circumstances." (Relator's Exhibit I) Judge O'Neill granted the Motion Extending the Case Schedule on December 7, 1999 (Exhibits 375, 376). On December 8, 1999, counsel for both parties learned that Judge O'Neill had granted a 30 day continuance of trial to March 6, 2000.
143. Amid realized that with More's grave prognosis and the situation at the Upper Arlington City Attorney's office transferring More's caseload that they could not be ready for trial on March 6, 2000. Counsel consulted and a second joint Motion for Stay or to Continue the Trial was filed on December 8, 1999.(Exhibit 378) The second motion specifically referred to Attorney More's serious and life-threatening illness and asked for a 6 month stay or six month extension on the case schedule and trial date. (Exhibit 367)
144. Attorney More was married to a Columbus Municipal Court judge, Janet Grubb. She had taken a leave of absence from Municipal Court and More's grave prognosis was freely disclosed in the legal community by early December. (Transcript Vol. VIII -- 21,75) Judge O'Neill testified that Judge Grubb was a friend and colleague of hers and she had met Dan More through her. (Transcript Vol. XI -- 255) Christina Corl testified she hand-delivered the Joint Motion for Stay or Continuance to Judge O'Neill's staff attorney, Shelia Vitale. Corl testified she called Vitale afterwards to insure that Judge O'Neill was told just how serious More's condition was. Vitale assured Corl that Judge O'Neill knew and Vitale would convey the message. (Transcript Vol. VIII -- 160)
145. Christina Corl contacted Judge O'Neill's courtroom and obtained an appointment for Gilbert and Amid to speak to Judge O'Neill regarding the Motion to Continue. (Transcript Vol. VIII -- 28) Amid has the appointment recorded in their office court calendar as 12/8/99 at 10:00 am. (Transcript Vol. VIII - 78-79) Gil
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