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Disciplinary Counsel v. O'Neill9/7/2004
bert arrived early. He recalled that he waited in the bailiff/secretary's area in the back and was later joined by Amid. (Transcript Vol. VIII - 31-32) Gilbert testified "I heard conversation between the bailiff and what I would have to believe was Judge O'Neill in chambers, yes.
Q: And what was that conversation?
A: Just that conversation was that there wasn't going to be any continuance granted on this case. The City of Upper Arlington's problem, the fact that someone is dying is not my problem. And that they need to address this case. This has been scheduled. It got a continuance. It needs to go."(Transcript Vol. VIII -- 34)
146. Amid testified that when she arrived and was waiting she observed the bailiff twice call to Judge O'Neill and state that they were waiting, explaining that was about Dan More "and you know how sick he is." (Transcript Vol. VIII -- 109-110) Amid and Gilbert are present for 45 minutes to an hour. According to Gilbert: "The bailiff came back into the secretary's office where Jeanine and I was standing and said, "No, we're not going to -- The case is not going to be continued. You're going to have to figure out what to do with it." (Transcript Vol. VIII -- 34) Gilbert and Amid walked out into the courtroom. Amid expressed concern over the City's position and Gilbert assured her that as plaintiff, he would dismiss the case without prejudice if that was necessary.
147. Judge O'Neill's written order denying the continuance was filed on January 11, 2000. (Exhibit 379) When Corl learned of entry she called Shelia Vitale to question what information had gotten to Judge O'Neill. Vitale confirmed she had told Judge O'Neill about More's condition and Judge O'Neill's reply was that no one can tell me that Dan More could try this case in 6 months therefore they don't need a continuance. (Transcript Vol. VIII -- 162)
148. Judge O'Neill testified that she arrived at court late that morning. "And I know specifically I did three pleas, one at 11:00 o'clock, or 11:30, 12:00 o'clock, and 12:40." (Transcript Vol. X -- 258) She had absolutely no idea anyone was there to see her that day and never spoke to her float bailiff, Pam Boughner, that day . (Transcript Vol. X -- 259) "I know Sheila Vitale didn't say anything to me about this either. And I know at that time I did not know about Mr. More's medical condition as well." (Transcript Vol. X -- 254) "What I recall is the critical dates that are involved in this are December 8th, and I've just addressed that. I do not know of any motion for stay that was dropped off. I don't have any communication from a staff attorney. (Transcript Vol. X -- 262-263) Shelia Vitale testified that she did recall there was period of time in which Christina Corl was calling and speaking with her about Dan More's condition after a motion had been filed. She testified she knew she spoke with Judge O'Neill about Dan More's condition but she did not have a specific recollection of the dates. (Transcript Vol. XVIII -- 100-102)
149. Gilbert dismissed the Gosnell v. Kirkbride case without prejudice on January 13, 2000 and refiled the case less than 2 weeks later. The case was settled after arbitration and before a trial. Dan More died in August 2000. Amid testified that Judge O'Neill was the only judge who would not accommodate Attorney More's illness with a stay or continuance. The Teamsters even gave consideration in the ongoing labor negotiations which were taken over by Attorney Amid. (Transcript Vol. VIII -- 110-111)
150. Practices of Common Pleas Court judges in Ohio vary widely on the granting and denial of continuances of trial dates. They range from courts in which trial dates are strictly e
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