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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-04-13
Status INACTIVE
Type Tort Miscellaneous
Docket 34 entries

Parties

Plaintiff Hector J Torres
Defendant Amazon.com, Inc.
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT
  2. EPLY BRIEF FILED BY D1 AMAZON.COM, INC. JENNIFER B. ORR 0084145 DEFENDANT'S REPLY IN SUPPORT OF MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, FOR RELIEF FROM JUDGMENT PURSUANT TO CIV. R. 60(B) FOR LACK OF JURISDICTION AND TO STAY PROCEEDINGS
  3. OTICE OF CORRECTION FILED DEFENDANT'S NOTICE OF FILING OF CORRECTED AFFIDAVIT IN SUPPORT OF MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, FOR RELIEF FROM JUDGMENT PURSUANT TO CIV. R. 60(B) FOR LACK OF JURISDICTION AND TO STAY PROCEEDINGS
  4. URSUANT TO NOTICE OF WITHDRAWAL OF COUNSEL, FILED 03/13/2025, THE CLERK IS HEREBY ORDERED TO REMOVE ATTORNEYS CHRISTOPHER DODRILL AND JOHNINE BARNES AS COUNSEL OF RECORD FOR DEFENDANT AMAZON.COM, INC.. IT IS SO ORDERED. NOTICE ISSUED
  5. OTICE FILED BY D1 AMAZON.COM, INC. ATTORNEY CHRISTOPHER SCOTT DODRILL 0096452 NOTICE OF WITHDRAWAL OF COUNSEL
  6. RIEF IN OPPOSITION FILED BY P1 HECTOR J TORRES MATTHEW A PALNIK 0067771 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO VACATE PER CIV. R 60(B)
  7. OTICE OF APPEARANCE, FILED D1 AMAZON.COM, INC. JENNIFER B. ORR 0084145. NOTICE OF APPEARANCE OF JENNIFER B. ORR
  8. OURT REPORTER FEE
  9. EARING HELD. JUDGE KIRA KRIVOSH PRESIDING. COURT REPORTER AND STAFF ATTORNEY PRESENT. PLAINTIFF PRESENT THROUGH COUNSEL ROBERT WELTMAN; DEFENDANT PRESENT THROUGH COUNSEL CHRISTOPHER DODRILL. HEARING CALLED AT 1:56 PM. DEFENDANT ORALLY MOVED FOR A CONTINUANCE ON THE BASIS THAT HE WAS RECENTLY RETAINED AND HAS FILED A MOTION TO VACATE. PLAINTIFF DOES NOT OPPOSE. THE COURT NOTES THAT CURRENTLY NO DEFENSE MOTIONS APPEAR ON THE DOCKET. ACCORDINGLY, MOTION DENIED. THE COURT HEREBY ORDERS ADDITIONAL BRIEFING ON THE MOTION FOR MONETARY JUDGMENT. PARTIES TO SUBMIT SAID BRIEFING WITHIN 30 DAYS FROM THE JOURNALIZATION OF THIS ORDER. SHOULD A MOTION TO VACATE BE FILED, ADDITIONAL BRIEFING ON THE MOTION FOR MONETARY JUDGMENT WILL BE DUE 30 DAYS FROM THE DATE OF JUDGMENT ON THE MOTION TO VACATE. IT IS SO ORDERED. NOTICE ISSUED
  10. OTION TO VACATE $30.00 JOHNINE P. BARNES (065085) MOTION TO VACATE JUDGMENT FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, FOR RELIEF FROM JUDGMENT PURSUANT TO CIV. R. 60(B) FOR LACK OF JURISDICTION AND TO STAY PROCEEDINGS
  11. LEGAL NEWS
  12. LEGAL AID
  13. COURT SPECIAL PROJECTS FUND
  14. COMPUTER FEE
  15. CLERK'S FEE
  16. DEPOSIT AMOUNT PAID MATTHEW A PALNIK
  17. OTICE FILED BY P1 HECTOR J TORRES ATTORNEY ROBERT B WELTMAN 0008230 NOTICE OF FILING
  18. OTION FILED FOR P1 HECTOR J TORRES ROBERT B WELTMAN 0008230 MOTION FOR MONETARY JUDGMENT
  19. OTICE OF APPEARANCE, FILED P1 HECTOR J TORRES ROBERT B WELTMAN 0008230. NOTICE OF APPEARANCE OF CO COUNSEL
  20. EFUND BALANCE OF CASE COST DEPOSIT TO SHAPIRO MARNECHECK & PALINK
  21. CASE CALLED FOR PRE-TRIAL. COUNSEL FOR PLAINTIFF APPEARED; NEITHER DEFENDANT NOR COUNSEL FOR DEFENDANT APPEARED. PLAINTIFF MOVED ORALLY FOR DEFAULT JUDGMENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. A HEARING WAS HELD. UPON THE EVIDENCE PRESENTED, THE COURT FINDS THAT PROPER SERVICE OF PROCESS ON DEFENDANT HAS BEEN OBTAINED, THAT DEFENDANT HAS FAILED TO PLEAD OR OTHERWISE RESPOND WITHIN THE TIME PERIOD SPECIFIED UNDER CIV.R. 12, AND THAT PLAINTIFF IS ENTITLED TO JUDGMENT AS BELOW IN PLAINTIFF'S FAVOR AGAINST THE DEFENDANT IN DEFAULT. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT PURSUANT TO CIV.R. 55, DEFAULT JUDGMENT IS HEREBY RENDERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANT. ACCORDINGLY, PURSUANT TO R.C. §4123.90 AMAZON.COM, INC. IS HEREBY ORDERED TO REINSTATE PLAINTIFF, HECTOR TORRES, TO HIS PREVIOUS POSITION OF EMPLOYMENT WITH BACK PAY, BASED UPON A 40-HOUR WORK WEEK, AND ALL ASSOCIATED EMPLOYMENT BENEFITS FROM OCTOBER 31, 2022 TO PRESENT AND CONTINUING, UNTIL THE DATE AMAZON.COM, INC. ACTUALLY REINSTATES PLAINTIFF'S EMPLOYMENT. AMAZON.COM, INC. IS TO FORWARD THE ORDERED BACK PAY TO PLAINTIFF'S COUNSEL IN A CHECK MADE PAYABLE TO PLAINTIFF AND HIS COUNSEL. FURTHER, PLAINTIFF'S COUNSEL IS HEREBY AWARDED ATTORNEY'S FEES IN AN AMOUNT TO BE DETERMINED AND PLAINTIFF'S COUNSEL IS ORDERED TO FILE AN AFFIDAVIT ITEMIZING HIS TIME SPENT IN THIS MATTER AS WELL AS HIS HOURLY RATE FOR CONSIDERATION BY THIS COURT. FINAL. COURT COST ASSESSED TO THE DEFENDANT(S). THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  22. EFAULT HEARING SET FOR 06/28/2023 AT 10:30 AM. DEFAULT HEARING WILL BE HELD BY TELEPHONE UNLESS OTHER ARRANGEMENTS ARE MADE AT LEAST ONE WEEK IN ADVANCE. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE HEARING OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. IF DEFENDANT(S) FAIL TO RESPOND TO THE COMPLAINT, THE PRE-TRIAL WILL BE CONVERTED TO A DEFAULT HEARING WITHOUT FURTHER WARNING. LITIGANTS WHO PLAN TO REPRESENT THEMSELVES OR HAVE NOT YET HIRED AN ATTORNEY MAY CONTACT THE STAFF ATTORNEY AT ANY TIME TO INQUIRE ABOUT THE COURT PROCESS AND TO MAKE ARRANGEMENTS TO APPEAR. THE STAFF ATTORNEY CAN BE CONTACTED AT [email protected] OR 216.443.8591. DEFENDANTS IN DEBT COLLECTION CASES MAY CONTACT THE COURT RESOURCE CENTER AT 216.443.8204 OR [email protected] FOR ADDITIONAL ASSISTANCE. DEFENDANTS MAY ALSO WISH TO CONTACT THE CLEVELAND LEGAL AID SOCIETY (HTTPS://LASCLEV.ORG/CONTACT/) OR SCRANTON ROAD LEGAL CLINIC (HTTPS://SCRANTONROADMINISTRIES.ORG/LEGAL) FOR LEGAL ADVICE. LITIGANTS NEED NOT PARTICIPATE IF THEY ARE REPRESENTED BY COUNSEL, BUT MAY PARTICIPATE AT ANY COURT DATE. FAILURE OF PRO SE PLTF OR PLTF'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN ACTION BEING DISMISSED. FAILURE OF PRO SE DEFT OR DEFT'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN COURT HOLDING EX PARTE TRIAL OR WILL RESULT IN ENTRY OF DEFAULT JUDGMENT. JUDGE MICHAEL J. RUSSO'S STANDING ORDERS AND LITIGATION PREFERENCES ARE AVAILABLE ON HIS PROFILE ON THE COURT'S WEBSITE. THE PARTIES ARE EXPECTED TO HAVE COMPLIED WITH THE PRE-TRIAL DISCLOSURES REQUIRED BY CIV. R. 26 PRIOR TO THE FIRST PRE-TRIAL. FAILURE TO COMPLY WITH CIV.R 26 WILL RESULT IN THE COURT SETTING A DISCOVERY HEARING WITH THE POSSIBILITY OF DISMISSAL OR DEFAULT JUDGMENT FOR FAILING TO COMPLY. THE PARTIES MAY REQUEST ORAL ARGUMENT OR FORMAL HEARING ON ANY MATTER BY CONTACTING THE STAFF ATTORNEY. ANY COURT DATE MAY BE HELD IN PERSON, BUT THE PARTIES MUST MAKE ARRANGEMENTS IN ADVANCE BY CONTACTING THE STAFF ATTORNEY. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  23. SPS RECEIPT NO. 50376853 DELIVERED BY USPS 04/19/2023 AMAZON.COM, INC. PROCESSED BY COC 04/26/2023.
  24. UMS COMPLAINT(50376853) SENT BY CERTIFIED MAIL. TO: AMAZON.COM, INC. 11819 NATIONAL ROAD, SW ETNA, OH 43062
  25. UMMONS E-FILE COPY COST
  26. RIT FEE
  27. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  28. EGAL RESEARCH
  29. EGAL NEWS
  30. EGAL AID
  31. OURT SPECIAL PROJECTS FUND
  32. OMPUTER FEE
  33. LERK'S FEE
  34. EPOSIT AMOUNT PAID MATTHEW A PALNIK

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