October 19, 2014
As our readers are aware, the Finney law Firm, LLC has ben retained to represent the Ohio Republican Party in its claims against Ed FitzGerald and Cuyahoga County for public records sought by ORP relating to FitzGerald’s use of his key card to access the County administrative buildings. Indeed, the original request for the information came from the Cleveland Plain Dealer, and FitzGerald refused their requests for the information as well. A few updates on this case:
- The Supreme Court has set a briefing schedule that most assuredly will see that the case is resolved after election day.
- The Supreme Court Friday rejected FitzGerald’s belated request to send the case to mediation.
- Plaintiff sought FitzGerald’s deposition and that of the County Sheriff, in part to explore the defenses they have raised to the release of the records — that some unspecified threats against FitzGerald militate against release of the records for “security” purposes. FitzGerald and the Sheriff have filed formal Motions with the Court to prevent those depositions from proceeding. The Court has not ruled on those motions.
- Late last week the Defendants submitted their evidence, including the Affidavit of a deputy Sheriff. We have now sought the deposition of that deputy sheriff as well, and the defendants have indicated they intend to oppose holding that deposition as well.
So, as you might expect, the litigation appears to be mired in procedural motions for now. We anticipate the Supreme Court will clarify many of these issues in short order.