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Photo of Columbiana Co

Court

Columbiana Co

Ohio

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Case Information

Filed 2022-12-08
Status CLOSED
Type Civil
Docket 96 entries
Disposition dismissed

Parties

Plaintiff Mcdowell, Dr Zachary J Mcdowell Executor Of The Estate Of Mark
Defendant Kidder, Charles A|1 Fontanazza Esq., Melany Kotlarek (main Attorney)|2 Dorman Esq., Andrew J.
Photo of Hon. O'Farrell Edward E

Judge

Hon. O'Farrell Edward E

Columbiana County (OH)

Ohio

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Docket Entries

  1. JUDGMENT ENTRY - SUPPLEMENTAL SCHEDULING ORDER ISSUED. THE COURT FINDS THAT THE REQUEST OF DEFENDANT TO SET DATE(S) FOR EXPERT (WITNESS) REPORT SUBMISSIONS IS APPROPRIATE AND SHOULD BE GRANTED. IT IS THEREFORE ORDERED THAT DEFENDANT'S 4-2324 REQUEST TO SET DATE(S) FOR EXPERT (WITNESS) REPORT SUBMISSIONS IS GRANTED. ORDERED THAT PLAINTIFF'S EXPERT WITNESS REPORT SHALL BE FILED NO LATER THAN 5-31-2024. ORDERED THAT DEFENDANT'S EXPERT WITNESS REPORT SHALL BE FILED NO LATER THAN 7-31-2024.
  2. DEFENDANTS REQUEST TO SET DATE FOR EXPERT REPORT SUBMISSIONS WITH CERTIFICATE OF SERVICE FILED BY ATTY MELANY KOTLAREK **EMAILED TO JUDGE O'FARRELL
  3. PLAINTIFF'S NOTICE OF EXPERT WITNESS DISCLOSURE WITH CERTIFICATE OF SERVICE FILED BY ATTY SHAWN A WILSON **EMAILED TO JUDGE O'FARRELL
  4. JUDGMENT ENTRY - 04/01/24 MOTION FOR EXTENTION OVERRULED/DENIED
  5. DEFENDANT'S WITHDRAWAL OF MOTION TO COMPEL, CERTIFICATE OF SERVICE, FILED BY ATTY MELANY A KOTLREK *EMAILED TO JUDGE O'FARRELL*
  6. NOTICE OF SERVICE WITH CERTIFICATE OF SERVICE FILED BY ATTY SHAWN A WILSON **EMAILED TO JUDGE EDWARD E O'FARRELL**
  7. AFFIDAVIT OF SHAWN A WILSON ESQ, FILED BY ATTY SHAWN A WILSON *EMAILED TO JUDGE O'FARRELL*
  8. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL, CERTIFICATE OF SERVICE, FILED BY ATTY SHAWN A WILSON *EMAILED TO JUDGE O'FARRELL*
  9. OPPOSITION TO PLAINTIFF'S MOTION FOR EXTENSION OF DISCOVERY DEADLINE, CERTIFICATE OF SERVICE, FILED BY ATTY MELANY A KOTLARKEK *EMAILED TO JUDGE O'FARRELL*
  10. AFFIDAVIT OF SHAWN A WILSON ESQ FILED BY ATTY SHAWN A WILSON *EMAILED TO JUDGE O'FARRELL*
  11. PLAINTIFF'S NOTICE OF ERRATA FILING TO CORRECT TYPOGRAPHICAL ERROR, FILED BY ATTY SHAWN A WILSON *EMAILED TO JUDGE O'FARRELL*
  12. AFFIDAVIT OF SHAWN A WILSON ESQ FILED BY ATTY SHAWN A WILSON *EMAILED TO JUDGE O'FARRELL*
  13. PLAINTIFF'S MOTION FOR EXTENSION OF DISCOVERY DEADLING WITH CERTIFICATE OF SERVICE FILED BY ATTY SHAWN A WILSON *EMAILED TO JUDGE O'FARRELL*
  14. EXHIBITS A AND B ATTACHED TO MOTION TO COMPEL PLAINTIFFS RESPONSES TO DEFENDANTS FIRST SET OF INTEROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF WITH MEMORANDUM IN SUPPORT AND CERTIFICATE OF SERVICE FILED BY ATTY MELANY KOTLAREK
  15. MOTION TO COMPEL PLAINTIFFS RESPONSES TO DEFENDANTS FIRST SET OF INTEROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF WITH MEMORANDUM IN SUPPORT AND CERTIFICATE OF SERVICE FILED BY ATTY MELANY KOTLAREK ***EMAILED TO JUDGE O'FARRELL
  16. JUDGMENT ENTRY - SCHEDULING ORDERS.
  17. JUDGMENT ENTRY - TELEPHONE SCHEDULING, CONFERENCE CONDUCTED ON 11-1-23 - ORDERS ISSUED
  18. JUDGMENT ENTRY - THE COURT FINDS THAT THE UNDERSIGNED CONCLUDES THAT THE PLAINTIFFS 7/5/23 MOTION FOR SUBSTITUTION OF PARTY SHOULD BE GRANTED. FINDS THAT DR ZACHARY J MCDOWELL EXECUTOR OF THE ESTATE OF MARK MCDOWELL, DECEASED SHOULD BE SUBSTITUTED AS PARTY PLAINTIFF FOR MARK MCDOWELL, DECEASED.
  19. NOTICE OF ASSIGNMENT - MATTER SET FOR TELEPHONE CONFERENCE ON WEDNESDAY NOVEMBER 1, 2023 AT 3:00 PM
  20. NOTICE OF ASSIGNMENT - MATTER SET FOR TELEPHONE CONFERENCE ON WEDNESDAY NOVEMBER 1, 2023 AT 1:3 0PM
  21. PLAINITFF'S ADDITIONAL BRIEF ON ISSUED RAISED AT AUGUST 30, 2023, HEARING ON PENDING MOTIONS WITH CERTIFICATE OF SERVICE FILED BY ATTY JON A TROYER **EMAILED TO JUDGE O'FARRELL
  22. EXHIBITS TO DEFENDANTS' BRIEF FILED BY ATTORNEY MELANY KOTLAREK
  23. DEFENDANTS' BRIEF REGARDING EXCUSABLE NEGLECT WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY KOTLAREK **E-MAILED TO JUDGE O'FARRELL
  24. JUDGMENT ENTRY - ORAL EVIDENTIARY HEARING CONDUCTED ON 8/30/23. DECISION DEFERRED. POST HEARING BREIFING SCHEDULE ESTABLISHED.
  25. NOTICE OF ASSIGNMENT - MATTER SET FOR MOTIONS ON WEDNESDAY AUGUST 30, 2023 AT 2:00 PM
  26. REPLY IN SUPPORT OF COMBINED MOTION TO DISMISS AND OPPOSITION TO MOTION TO SUBSTITUTE PLAINTIFF WITH CERTIFICATE OF SERVICE FILED BY ATTY MELANY KOTLAREK
  27. JUDGMENT ENTRY - ORDERED THAT THE 7/10/23 ENTRY GRANTING MOTIONF OR SUBSTITUTION OF PARTY IS VACATED SUA SPONTE RENDERING DEFENDANTS MOTION TO VACATE JULY 10, 2023 ORDER MOOT.
  28. EXHIBITS TO PLAINTIFF'S BRIEF IN OPPOSITION FILED BY ATTORNEY SHAWN WILSON
  29. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S COMBINED MOTION TO DISMISS AND BRIEF IN OPPOSITION TO MOTION TO SUBSTITUTE PLAINTIFF AND BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO VACATE THIS COURT'S JULE 10, 2023, ORDER WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY SHAWN WILSON **E-MAILED TO JUDGE O'FARRELL**
  30. EXHIBITS
  31. UNSIGNED JUDGMENT ENTRY SENT TO THE COURT
  32. DEFENDANTS MOTION TO VACATE JULY 10, 2023 ORDER WITH MEMORANDUM IN SUPPORT AND CERTIFICATE OF SERVICE FILED BY ATTY MELANY KOTLAREK ***EMAILED TO JUDGE O'FARRELL WITH UNSIGNED ENTRY
  33. COMBINED MOTION TO DISMISS AND OPPOSITION TO MOTION TO SUBSTITUTE PLAINTIFF, CERTIFICATE OF SERVICE, FILED BY ATTY MELANY A KOTLAREK **EMAILED TO JUDGE O'FARRELL**
  34. JUDGMENT ENTRY - ORDERED THAT THE 7/5/2023 MOTION FOR SUBSTITUTION OF PARTY IS GRANTED.
  35. NOTICE OF APPEARANCE OF COUNSEL, CERTIFICATE OF SERVICE FILED BY ATTY SHAWN A WILSON
  36. PLAINTIFF'S MOTION FOR SUBSTITUTION OF PARTY WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY JON TROYER **E-MAILED TO JUDGE O'FARRELL**
  37. JUDGMENT ENTRY - ORDERED THAT AS A RESULT OF THE DEATH OF PLAINTIFF, THE COURT SHOULD TAKE NO FURTHER SCHEDULING ACTION IN THIS CASE AT THIS TIME.
  38. NOTICE OF SUGGESTION OF DEATH OF MARK MCDOWELL WITH CERTIFICATE OF SERVICE FILED BY ATTY JON A TROYER **EMAILED TO JUDGE O'FARRELL**
  39. NOTICE OF AVAILABILITY FOR TELEPHONE STATUS CONFERENCE PER COURT ORDER WITH CERTIFICATE OF SERVICE FILED BY ATTY MELANY FONTANAZZA ***EMAILED TO JUDGE O'FARRELL***
  40. ANSWER OF DEFENDANT CHARLES A. KIDDER WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  41. PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER WITH CERTIFICATE OF SERVICE FILED BY ATTY JON A TROYER *EMAILED TO JUDGE O'FARRELL**
  42. JUDGMENT ENTRY - MOTION FOR PROTECTIVE ORDER IS GRANTED.THE SCHEDULED DEPOSITION OF PLAINTIFF OF 03/15/2023 AT 10:00 AM SHALL NOT BE CONDUCTED, AND SHALL BE RESCHEDULED.
  43. UNSIGNED ORDER FILED BY ATTORNEY MELANY KOTLAREK FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  44. EXHIBITS TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER FILED BY ATTORNEY MELANY KOTLAREK FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  45. DEFENDANT'S MOTION FOR PROTECTIVE ORDER FOR UNILATERALLY ISSUED MARCH 15, 2023 DEPOSITION WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY KOTLAREK FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  46. JUDGMENT ENTRY - DEFENDANT'S CHARLES A KIDDER'S MOTION FOR THIRTY DAY LEAVE TO ANSWER OR OTHERWISE PLEAD TO PLATINIFF'S COMPLAINT IS GRANTED.
  47. NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION VIA VIDEOCONFERENCE WITH CERTIFICATE OF SERVICE FILED BY ATTY JON A TROYER **EMAILED TO JUDGE O'FARRELL**
  48. JUDGE O'FARRELL, EDWARD E.: ASSIGNED
  49. UNSIGNED JUDGMENT ENTRY SENT TO THE COURT
  50. CERTIFICATE OF MAILING RETURNED ATTNY JON A TROYER
  51. NOTICE OF FAILURE OF SERVICE ISSUED BY REGULAR MAIL W/ CERTIFICATE OF MAILING TO: ATTNY JON A TROYER: CERTIFIED MAIL RETURNED: CHARLES A KIDDER: ALIAS SUMMONS ON COMPLAINT-UNCLAIMED/UNABLE TO FORWARD
  52. CERTIFIED MAIL RETURNED: CHARLES A KIDDER-ALIAS SUMMONS ON COMPLAINT-UNCLAIMED
  53. MOTION FOR LEAVE TO RESPOND TO PLAINTIFF'S COMPLAINT WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  54. NOTICE OF APPEARANCE OF COUNSEL WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  55. JUDGMENT ENTRY - THIS CASE IS HEREBY TRANSFERRED TO HON. EDWARD E. O'FARRELL (RETIRED) AS VISTING JUDGE, FOR FURTHER HANDLING AND DISPOSITION. THE COST OF FILING THIS JUDGMENT ENTRY IS WAIVED.
  56. CERTIFIED RETURN RECEIPT CHARLES A KIDDER
  57. CERTIFIED RECEIPT CHARLES A KIDDER
  58. CERTIFIED RECEIPT CHARLES A KIDDER
  59. ALIAS SUMMONS ON COMPLAINT WITH COPY OF COMPLAINT FOR LEGAL MALPRACTICE, ISSUED TO CHARLES A KIDDER BY CERTIFIED MAIL RRR
  60. ALIAS SUMMONS ON COMPLAINT WITH COPY OF COMPLAINT FOR LEGAL MALPRACTICE, ISSUED TO CHARLES A KIDDER BY CERTIFIED MAIL RRR
  61. ADDITIONAL INSTRUCTIONS FOR SERVICE, FILED BY ATTY JOHN A TROYER
  62. JUDGMENT ENTRY - THE UNDERSIGNED THEREFORE RECUSES HIMSELF FROM FURTHER PARTICIPATION IN THIS CASE, AND WILL CAUSE THE COURT TO SEEK THE ASSIGNMENT OF A VISITING JUDGE.
  63. CERTIFICATE OF MAILING RETURNED ATTY JON A TROYER
  64. NOTICE OF FAILURE OF SERVICE ISSUED BY REGULAR MAIL W/ CERTIFICATE OF MAILING TO:ATTY JON A TROYER - CHARLES A KIDDER - SUMMONS ON COMPLAINT
  65. CERTIFIED MAIL RETURNED:CHARLES A KIDDER - SUMMONS ON COMPLAINT- UNCLAIMED
  66. CERTIFIED RECEIPT CHARLES A KIDDER
  67. SUMMONS ON COMPLAINT WITH COPY OF COMPLAINT FOR LEGAL MALPRACTICE, ISSUED TO CHARLES A KIDDER BY CERTIFIED MAIL RRR
  68. COMPLAINT FOR LEGAL MALPRACTICE, REQUEST FOR SERVICE, FILED BY ATTY JON A TROYER
  69. CASE DESIGNATION SHEET FILED BY ATTY JON A TROYER
  70. PAYMENT $250.00 RECEIPT #266970
  71. JUDGE WASHAM, SCOTT A: ASSIGNED
  72. OTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION VIA VIDEOCONFERENCE WITH CERTIFICATE OF SERVICE FILED BY ATTY JON A TROYER **EMAILED TO JUDGE O'FARRELL**
  73. UDGE O'FARRELL, EDWARD E.: ASSIGNED
  74. NSIGNED JUDGMENT ENTRY SENT TO THE COURT
  75. ERTIFICATE OF MAILING RETURNED ATTNY JON A TROYER
  76. OTICE OF FAILURE OF SERVICE ISSUED BY REGULAR MAIL W/ CERTIFICATE OF MAILING TO: ATTNY JON A TROYER: CERTIFIED MAIL RETURNED: CHARLES A KIDDER: ALIAS SUMMONS ON COMPLAINT-UNCLAIMED/UNABLE TO FORWARD
  77. ERTIFIED MAIL RETURNED: CHARLES A KIDDER-ALIAS SUMMONS ON COMPLAINT-UNCLAIMED
  78. OTION FOR LEAVE TO RESPOND TO PLAINTIFF'S COMPLAINT WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  79. OTICE OF APPEARANCE OF COUNSEL WITH CERTIFICATE OF SERVICE FILED BY ATTORNEY MELANY FONTANAZZA **E-MAILED TO JUDGE O'FARRELL**
  80. UDGMENT ENTRY - THIS CASE IS HEREBY TRANSFERRED TO HON. EDWARD E. O'FARRELL (RETIRED) AS VISTING JUDGE, FOR FURTHER HANDLING AND DISPOSITION. THE COST OF FILING THIS JUDGMENT ENTRY IS WAIVED.
  81. ERTIFIED RETURN RECEIPT CHARLES A KIDDER
  82. ERTIFIED RECEIPT CHARLES A KIDDER
  83. ERTIFIED RECEIPT CHARLES A KIDDER
  84. LIAS SUMMONS ON COMPLAINT WITH COPY OF COMPLAINT FOR LEGAL MALPRACTICE, ISSUED TO CHARLES A KIDDER BY CERTIFIED MAIL RRR
  85. LIAS SUMMONS ON COMPLAINT WITH COPY OF COMPLAINT FOR LEGAL MALPRACTICE, ISSUED TO CHARLES A KIDDER BY CERTIFIED MAIL RRR
  86. DDITIONAL INSTRUCTIONS FOR SERVICE, FILED BY ATTY JOHN A TROYER
  87. UDGMENT ENTRY - THE UNDERSIGNED THEREFORE RECUSES HIMSELF FROM FURTHER PARTICIPATION IN THIS CASE, AND WILL CAUSE THE COURT TO SEEK THE ASSIGNMENT OF A VISITING JUDGE.
  88. ERTIFICATE OF MAILING RETURNED ATTY JON A TROYER
  89. OTICE OF FAILURE OF SERVICE ISSUED BY REGULAR MAIL W/ CERTIFICATE OF MAILING TO:ATTY JON A TROYER - CHARLES A KIDDER - SUMMONS ON COMPLAINT
  90. ERTIFIED MAIL RETURNED:CHARLES A KIDDER - SUMMONS ON COMPLAINT- UNCLAIMED
  91. ERTIFIED RECEIPT CHARLES A KIDDER
  92. UMMONS ON COMPLAINT WITH COPY OF COMPLAINT FOR LEGAL MALPRACTICE, ISSUED TO CHARLES A KIDDER BY CERTIFIED MAIL RRR
  93. OMPLAINT FOR LEGAL MALPRACTICE, REQUEST FOR SERVICE, FILED BY ATTY JON A TROYER
  94. ASE DESIGNATION SHEET FILED BY ATTY JON A TROYER
  95. AYMENT $250.00 RECEIPT #266970
  96. UDGE WASHAM, SCOTT A: ASSIGNED

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