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Photo of Trumbull County

Court

Trumbull County

Ohio

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Case Information

Filed 2022-03-30
Status CLOSED
Type Cv Civil
Docket 63 entries
Disposition Dismissal Without Prejudice

Parties

Plaintiff On Deck Capital Inc
Defendant Northeastern Landscaping Inc|Golden, Llewellyn
Photo of Hon. Rice, Cynthia Westcott

Judge

Hon. Rice, Cynthia Westcott

Trumbull County (OH)

Ohio

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Lawyers

Docket Entries

  1. DEPOSIT FROM: Receipt: 442481 Date: 03/30/2022
  2. SPECIAL PROJECTS JUDGES Receipt: 442481 Date: 03/30/2022
  3. E-INITIAL CIVIL FEE Receipt: 442481 Date: 03/30/2022
  4. E-OTHER CIVIL COMPLAINT Attorney: FITZGIBBON, BRITTANY R (91763) Receipt: 470154 Date: 09/27/2023
  5. E-INSTRUCTIONS FILED Attorney: FITZGIBBON, BRITTANY R (91763)
  6. E-INSTRUCTIONS FILED WITH COPY OF STANDING ORDER INCLUDED Attorney: FITZGIBBON, BRITTANY R (91763)
  7. SUMMONS ISSUED TO DEFENDANT(S). Receipt: 470154 Date: 09/27/2023
  8. Issue Date: 03/31/2022 Service: OTHER CIVIL COMPLAINT W/ INSTRUCTIONS & EXHIBITS Method: CERTIFIED MAIL WITH BAR CODE NEW Cost Per: $8.11 NORTHEASTERN LANDSCAPING INC C/O LLEWELLYN C GOLDEN 2010 MAIN STREET EXT SW WARREN, OH 44481 Tracking No: 948900900027611761904 GOLDEN, LLEWELLYN 311 TIBBETTS WICK RD GIRARD, OH 44420 Tracking No: 948900900027611761905 Receipt: 470158 Date: 09/27/2023 Receipt: 470159 Date: 09/27/2023
  9. SUMMONS ISSUED TO DEFENDANT(S). Receipt: 470154 Date: 09/27/2023
  10. Issue Date: 03/31/2022 Service: OTHER CIVIL COMPLAINT W/ INSTRUCTIONS & EXHIBITS Method: PERSONAL SERVICE Provider: PROCESS SERVER - MANNY NITES Cost Per: $ NORTHEASTERN LANDSCAPING INC C/O LLEWELLYN C GOLDEN 2010 MAIN STREET EXT SW WARREN, OH 44481 Tracking No: P000061535 GOLDEN, LLEWELLYN 311 TIBBETTS WICK RD GIRARD, OH 44420 Tracking No: P000061536
  11. UNSUCCESSFUL SERVICE Method : CERTIFIED MAIL WITH BAR CODE NEW Issued : 03/31/2022 Service : OTHER CIVIL COMPLAINT W/ INSTRUCTIONS & EXHIBITS Served : Return : 04/22/2022 On : NORTHEASTERN LANDSCAPING INC Signed By : Reason : UNSUCCESSFUL SERVICE Comment : NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD, CARD SENT 4/25/22 Tracking #: 948900900027611761904
  12. E-INSTRUCTIONS FILED Attorney: FITZGIBBON, BRITTANY R (91763)
  13. E-AFFIDAVIT TO THE OHIO SECRETARY OF STATE PURSUANT TO OHOI REVISED CODE FILED BY: Attorney: FITZGIBBON, BRITTANY R (91763)
  14. Issue Date: 05/17/2022 Service: COMPLAINT/AFFIDAVIT/$5.00 CHECK PAYABLE TO OHIO SECRETARY OF STATE Method: CERTIFIED MAIL WITH BAR CODE NEW Cost Per: $8.11 NORTHEASTERN LANDSCAPING INC C/O OHIO SECRETARY OF STATE ATTN: PARALEGAL DIVISION SER. OF PROCESS 180 E. BROAD STREET 16TH FLOOR COLUMBUS, OH 43215 Tracking No: 948900900027611762810 Receipt: 470154 Date: 09/27/2023 Receipt: 470158 Date: 09/27/2023 Receipt: 470159 Date: 09/27/2023
  15. SUCCESSFUL SERVICE Method : CERTIFIED MAIL WITH BAR CODE NEW Issued : 05/17/2022 Service : COMPLAINT Served : 05/23/2022 Return : 06/02/2022 On : NORTHEASTERN LANDSCAPING INC Signed By : JOE CASSADY Reason : SUCCESSFUL SERVICE Comment : Tracking #: 948900900027611762810
  16. UNSUCCESSFUL SERVICE Method : CERTIFIED MAIL WITH BAR CODE NEW Issued : 03/31/2022 Service : OTHER CIVIL COMPLAINT W/ INSTRUCTIONS & EXHIBITS Served : Return : 06/06/2022 On : GOLDEN, LLEWELLYN Signed By : Reason : UNSUCCESSFUL SERVICE Comment : UNCLAIMED, CARD SENT 6/7/22 Tracking #: 948900900027611761905
  17. E-PLAINTIFF'S NOTICE OF FILING PROOF OF SERVICE OF SUMMONS AND COMPLAINT WITH CERTIFICATE OF SERVICE FILED BY: Attorney: FITZGIBBON, BRITTANY R (91763)
  18. E-NOTICE OF SERVICE NON SERVICE ON NORTHEASTERN LANDSCAPING, INC. (SUBJECT NOT FOUND, PROPERTY IS GATED, NO ACCESS); BY MANNY NITES, PROCESS SERVER Attorney: FITZGIBBON, BRITTANY R (91763)
  19. E-RETURN OF PROCESS SERVER: RESIDENTIAL SERVICE ON LLEWELLYN GOLDEN BY SERVING LISA ZALNER; BY MANNY NITES, PROCESS SERVER Attorney: FITZGIBBON, BRITTANY R (91763)
  20. E-MOTION FOR DEFAULT JUDGMENT AGAINST NORTHEASTERN LANDSCAPING, INC. AND LLEWELLYN GOLDEN WITH CERTIFICATE OF SERVICE FILED BY: Attorney: FITZGIBBON, BRITTANY R (91763)
  21. E-INTERNAL JUDGMENT ENTRY: DEFENDANT TO FILE A RESPONSE BY 10/11/2022. MDJ SET 10/25/2022 AT 8:30 AM Receipt: 470154 Date: 09/27/2023
  22. HEARING SET: Event: MOTION FOR DEFAULT JUDGMENT Date: 10/25/2022 Time: 8:30 am Judge: KONTOS, PETER J Location: COURTROOM 3 NOTE: ALL AFFIDAVITS MUST BE BASED ON PERSONAL KNOWLEDGE IN ACCORDANCE WITH OHIO LAW AND RULES OF EVIDENCE. NON COMPLIANCE MAY RESULT IN A VOIDABLE JUDGMENT. Result: TO BE RESET
  23. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 09/08/2022 14:26:55.67
  24. E-PLAINTIFF'S MOTION TO APPEAR TELEPHONICALLY OR BY OTHER ELECTRONIC MEANS AT THE DEFAULT HEARING WITH CERTIFICATE OF SERVICE FILED BY: Attorney: BAKER, MICHELLE L (79640)
  25. E-ORDER GRANTING PLAINTIFF TO APPEAR BY WAY OF TELEPHONIC MEANS. Receipt: 470154 Date: 09/27/2023
  26. E-INTERNAL JUDGMENT ENTRY: DEFENDANT TO FILE ANSWER BY 11/25/2022; MDJ RESET 12/02/2022 AT 8:30 AM Receipt: 470154 Date: 09/27/2023
  27. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 10/28/2022 15:36:03.90
  28. HEARING SET: Event: MOTION FOR DEFAULT JUDGMENT Date: 12/02/2022 Time: 10:00 am Judge: KONTOS, PETER J Location: COURTROOM 3 ##MEMO ONLY. NO APPEARANCE NECESSARY.## NOTE: ALL AFFIDAVITS MUST BE BASED ON PERSONAL KNOWLEDGE IN ACCORDANCE WITH OHIO LAW AND RULES OF EVIDENCE. NON COMPLIANCE MAY RESULT IN A VOIDABLE JUDGMENT. Result: SET STATUS CONFERENCE
  29. E-INTERNAL JUDGMENT ENTRY: AMENDED JE: DEFENDANT TO RESPOND BY 11/25/2022. MDJ SET 12/02/2022 AT 10:00 AM Receipt: 470154 Date: 09/27/2023
  30. E-ANSWER FILED BY: LLEWELLYN GOLDEN (DEFENDANT); PRO SE.
  31. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 12/02/2022 11:43:02.75
  32. HEARING SET: Event: TELEPHONIC STATUS CONFERENCE Date: 01/10/2023 Time: 9:00 am Judge: BISHOP, JAMI Location: MAGISTRATE HEARING ROOM Plaintiff's Atty. to initiate call with Magistrate Bishop 330-675-7871/ No appearance Result: SET MT FOR SUMMARY JDGMT
  33. E-NOTICE OF APPEARANCE OF COUNSEL WITH CERTIFICATE OF SERVICE FILED BY: Attorney: BURKEY, ROBERT F. (15249)
  34. E-MOTION FOR LEAVE TO PLEAD WITH SERVICE FILED BY: Attorney: BURKEY, ROBERT F. (15249)
  35. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 12/27/2022 15:39:22.33
  36. E-ANSWER WITH SERVICE FILED Attorney: BURKEY, ROBERT F. (15249)
  37. E-ORDER FOR LEAVE TO DEFENDANTS TO 01/31/2023 Receipt: 470154 Date: 09/27/2023
  38. HEARING SET: Event: MEDIATION HEARING Date: 03/28/2023 Time: 1:30 pm Judge: CORNICELLI, ANTHONY M Location: MAGISTRATE HEARING ROOM Result: SETTLED
  39. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 01/12/2023 13:46:49.20
  40. HEARING SET: Event: MOTION FOR SUMMARY JUDGMENT (MEMO) Date: 07/14/2023 Time: 10:00 am Judge: RICE, CYNTHIA WESTCOTT Location: COURTROOM 3 MEMO ONLY. NO APPEARANCE NECESSARY. MSJ TO BE FILED BY 5/26/23, REPLY DUE BY 6/23/23. **FINAL PRETRIAL BEFORE MAG. BISHOP 8/1/23 & TRIAL TO MAGISTRATE 8/17/23 @ 9:00 Result: CANCELLED
  41. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 01/19/2023 16:13:33.54
  42. HEARING SET: Event: FINAL PRE TRIAL Date: 08/01/2023 Time: 10:00 am Judge: BISHOP, JAMI Location: MAGISTRATE HEARING ROOM FINAL PRETRIAL IN PERSON. **TRIAL TO MAGISTRATE THURSDAY, 8/17/23 @ 9:00** Result: CANCELLED
  43. HEARING SET: Event: TRIAL TO THE MAGISTRATE Date: 08/17/2023 Time: 9:00 am Judge: BISHOP, JAMI Location: MAGISTRATE HEARING ROOM Result: CANCELLED
  44. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 01/19/2023 16:17:35.12
  45. E-PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WITH ATTACHED AFFIDAVIT WITH CERTIFICATE OF SERVICE Attorney: FITZGIBBON, BRITTANY R (91763)
  46. E-INTERNAL JUDGMENT ENTRY: COUNSEL ADVISED CASE IS SETTLED. Receipt: 470154 Date: 09/27/2023
  47. E-MOTION TO ENFORCE SETTLEMENT AGREEMENT WITH CERTIFICATE OF SERVICE Attorney: BUCHER, CHLOE (102436)
  48. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 05/22/2023 15:48:37.46
  49. HEARING SET: Event: TELEPHONIC STATUS CONFERENCE Date: 06/07/2023 Time: 9:00 am Judge: BISHOP, JAMI Location: MAGISTRATE HEARING ROOM THE ABOVE HEARING IS TO BE HELD BY TELEPHONE CONFERENCE. PLAINTIFF'S COUNSEL TO INITIATE THE CALL. HAVE ALL PARTIES ON THE LINE AND CALL MAGISTRATE BISHOP AT 330-675-7871. Result: SET EVIDENTIARY HEARING
  50. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 05/23/2023 13:42:54.80
  51. HEARING SET: Event: MOTION TO ENFORCE SETTLEMENT AGREEMENT Date: 06/07/2023 Time: 9:00 am Judge: BISHOP, JAMI Location: MAGISTRATE HEARING ROOM THE ABOVE HEARING WILL BE HELD BY TELEPHONE CONFERENCE. PLAINTIFF'S COUNSEL TO INITIATE THE CALL. HAVE ALL PARTIES ON THE LINE AND CALL MAGISTRATE BISHOP AT 330-675-7871. Result: SET EVIDENTIARY HEARING
  52. E-PLAINTIFF'S COMBINED BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO ENFORCE SETTLEMENT AGREEMENT AND MOTION TO RETURN TO THE ACTIVE DOCKET WITH CERTIFICATE OF SERVICE Attorney: COPFER, DANIEL D (95759)
  53. NOTICE SENT: SPEEDY MAILER (eNOTICES) Sent on: 06/07/2023 09:32:10.35
  54. HEARING SET: Event: EVIDENTIARY HEARING Date: 08/31/2023 Time: 9:00 am Judge: BISHOP, JAMI Location: MAGISTRATE HEARING ROOM RE: MOTION TO ENFORCE SETTLEMENT. APPEARANCE REQUIRED Result: SETTLED
  55. E-PLAINTIFF'S MOTION FOR CLIENT WITNESS TO APPEAR VIA ELECTRONIC MEANS AT THE EVIDENTIARY HEARING WITH CERTIFICATE OF SERVICE Attorney: COPFER, DANIEL D (95759)
  56. E-ORDER GRANTING PLAINTIFF'S MOTION FOR CLIENT WITNESS TO APPEAR VIA ELECTRONIC MEANS AT EVIDENTIARY HEARING Receipt: 470154 Date: 09/27/2023
  57. E-ORDER CASE IS SETTLED Receipt: 470154 Date: 09/27/2023
  58. E-MOTION TO DISMISS WITH SERVICE FILED BY: JOIN STIPULATTED MOTION TO DISMISS WITHOUT PREJUDICE PURSUANT TO CIVIL RULE (A)(1)(B) WITH CERTIFICATE OF SERVICE FILED BY: Attorney: FITZGIBBON, BRITTANY R (91763)
  59. COMPLETE RECORD Receipt: 470158 Date: 09/27/2023 Receipt: 470159 Date: 09/27/2023
  60. POSTAGE Receipt: 470154 Date: 09/27/2023
  61. XXX COST STATEMENT SENT TO: $85.96- $72.00= $13.96 ***** EACH PARTY TO BEAR OWN COSTS ***** BRITTANY FITZGIBBON (Attorney) on behalf of ON DECK CAPITAL INC (PLAINTIFF)
  62. XXX COST STATEMENT SENT TO: DEFT X2 EACH TO PAY $25.63/2= $12.82 **** EACH PARTY TO BEAR OWN COSTS ***** ROBERT F. BURKEY (Attorney) on behalf of NORTHEASTERN LANDSCAPING INC, LLEWELLYN GOLDEN (DEFENDANT)
  63. E-ORDER FOR DISMISSAL WITHOUT PREJUDICE. EACH PARTY BEAR THEIR OWN COSTS.

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