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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-04-26
Status INACTIVE
Type Tort M.v. Accident
Docket 56 entries

Parties

Plaintiff Walter Cunningham
Defendant Michelle L. Kyle|Adrian J. Busch|John Doe Individuals 1 5|John Doe Inc., 1 5|John Doe Insurance Co. 1 5
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. OURT COST ASSESSED ADRIAN J. BUSCH BILL AMOUNT 171.28 PAID AMOUNT 125 AMOUNT DUE 46.28
  3. OURT COST ASSESSED MICHELLE L. KYLE BILL AMOUNT 171.31 PAID AMOUNT 125 AMOUNT DUE 46.31
  4. PON NOTICE BY THE PLAINTIFF, EFFECTIVE 04/17/2023, ALL CLAIMS ARE SETTLED AND DISMISSED WITH PREJUDICE PURSUANT TO CIV. R. 41(A). THE COURT RETAINS JURISDICTION TO ENFORCE THE SETTLEMENT REACHED BETWEEN THE PARTY TO THE EXTENT ALLOWED UNDER LAW. FINAL. COURT COST ASSESSED AS DIRECTED. THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  5. OTICE FILED BY D2 ADRIAN J. BUSCH ATTORNEY ROBERT C BUCHBINDER 0039623 DISMISSAL ENTRY
  6. NO PARTIES APPEARED FOR THE TRIAL SCHEDULED FOR 04/10/2023. A SETTLEMENT WAS REPORTED TO THE COURT. THE PARTIES ARE TO SUBMIT AN ENTRY DISPOSING OF THE CASE OR APPEAR FOR AN ATTORNEY CONFERENCE AS FOLLOWS: ATTORNEY CONFERENCE SET FOR 04/27/2023 AT 10:00 AM. FAILURE TO EITHER SUBMIT AN ENTRY DISPOSING OF THE CASE OR TO APPEAR FOR THE ATTORNEY CONFERENCE BY JOINING ONE LINE AND THEN CALLING THE COURT AT 216.443.8591 WILL RESULT IN THE COURT DISMISSING THE CASE WITH PREJUDICE. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  7. OTICE FILED BY D2 ADRIAN J. BUSCH ATTORNEY ROBERT C BUCHBINDER 0039623 SETTLEMENT ORDER
  8. PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF KURTIS WHITLING, FILED 03/27/2023, IS GRANTED. DEFENDANT IS PROHIBITED FROM OFFERING THE TESTIMONY OF MR. WHITLING, AS HE IS NOT A MEDICAL DOCTOR QUALIFIED TO OPINE ON PLAINTIFF'S ALLEGED INJURIES. FURTHER, HIS TESTIMONY AS TO ACCIDENT CAUSATION IS MOOT AS THE PARTIES HAVE STIPULATED AS TO LIABILITY. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  9. EPLY BRIEF FILED BY P1 WALTER CUNNINGHAM KEVIN V ROGERS 0084994 REPLY BRIEF IN SUPPORT OF PLAINTIFF'S MOTION IN LIMINE
  10. EPLY BRIEF FILED BY D2 ADRIAN J. BUSCH ROBERT C BUCHBINDER 0039623 DEFENDANT'S REPLY TO MOTION IN LIMINE
  11. OTION IN LIMINE PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF KURTIS WHITLING 04/04/2023 - GRANTED
  12. RIEF FILED BY D2 ADRIAN J. BUSCH ROBERT C BUCHBINDER 0039623 TRIAL BRIEF OF DEFENDANT ADRIAN BUSCH
  13. ENERAL PLEADING FILED BY D2 ADRIAN J. BUSCH ATTORNEY ROBERT C BUCHBINDER 0039623 PROPOSED JOINT JURY INSTRUCTIONS, JURY INTERROGATORIES AND VERDICT FORMS
  14. TIPULATION FILED BY D2 ADRIAN J. BUSCH ATTORNEY ROBERT C BUCHBINDER 0039623 JOINT STIPULATIONS OF THE PARTIES
  15. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED. PLAINTIFF GIVEN LEAVE TO FILE A LATE MOTION FOR LIMINE BY 03/27/2023; BRIIEF IN OPPOSITION TO BE FILED BY 03/30/2023; REPLY TO BE FILED BY 04/03/2023. PARTIES TO ALERT THE STAFF ATTORNEY IF THIS MOTION SCHEDULE BECOMES UNTENABLE. TRIAL DATE MAINTAINED. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  16. OTICE OF DEPOSITION OF D2 ADRIAN J. BUSCH FILED NOTICE OF DEPOSITION VIA VIDEOTAPE - KURT WHITLING PE
  17. OTICE FILED BY DEFENDANT(S) MICHELLE L. KYLE(D1) and ADRIAN J. BUSCH(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 NOTICE OF SERVICE OF DEFENDANTS' EXPERT REPORT
  18. OTICE FILED BY D2 ADRIAN J. BUSCH ATTORNEY ROBERT C BUCHBINDER 0039623 DEFENDANT'S DISCLOSURE OF EXPERT WITNESS
  19. OTICE FILED BY D2 ADRIAN J. BUSCH ATTORNEY ROBERT C BUCHBINDER 0039623 NOTICE OF ADDITIONAL COUNSEL
  20. EDIATION HEARING HELD. CASE DID NOT SETTLE AND IS RETURNED TO THE DOCKET OF JUDGE MICHAEL J RUSSO (341). THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  21. OTICE OF DEPOSITION OF D2 ADRIAN J. BUSCH FILED AMENDED NOTICE OF DEPOSITION PLT CUNNINGHAM
  22. OTICE OF DEPOSITION OF DEFENDANT(S) MICHELLE L. KYLE(D1) and ADRIAN J. BUSCH(D2) FILED NOTICE OF DEPOSITION OF PLAINTIFF WALTER CUNNINGHAM
  23. OTICE OF DEPOSITION OF D2 ADRIAN J. BUSCH FILED NOTICE OF DEPOSITION PLAINTIFF WALTER CUNNINGHAM
  24. PON NOTICE BY THE PLAINTIFF, EFFECTIVE 08/30/2022, ALL CLAIMS BY PLAINTIFF AGAINST DEFENDANT KYLE ONLY ARE DISMSSED WITH PREJUDICE. PARTIAL. NOTICE ISSUED
  25. OTICE FILED BY P1 WALTER CUNNINGHAM ATTORNEY BRIAN S KRAIG 0039691 NOTICE OF PARTIAL VOLUNTARY DISMISSAL WITH PREJUDICE
  26. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO TAKE PLACE BETWEEN 12/01/2022 AND 01/31/2023 WITH MICHAEL BIGLOW. DEFENDANT'S INSURANCE REPRESENTATIVE TO APPEAR IN PERSON. THE PARTIES ARE ORDERED TO DISCLOSE THEIR DEMAND(S) AND OFFER(S) IN ADVANCE OF MEDIATION TO FACILITATE THE MOST PRODUCTIVE MEDIATION POSSIBLE. THE PARTIES ARE ORDERED TO COMPLETE SUFFICIENT DISCOVERY IN ORDER TO MEDIATE APPROPRIATELY. THE ATTORNEYS ARE ENCOURAGED TO CONTACT THEIR MEDIATOR IN ADVANCE TO DISCLOSE ANY INFORMATION OR ISSUES THEY MAY HAVE THAT WOULD BE HELPFUL TO THE MEDIATOR, INCLUDING, BUT NOT LIMITED TO CASE PECULIARITIES, DISCOVERY ISSUES, OR CLIENT EXPECTATIONS. IF CIRCUMSTANCES WILL PREVENT THE PARTIES FROM MEDIATING THEIR CASE WITH THE DATE THEY CHOSE WITH THE ADR DEPARTMENT, THE PARTIES ARE ORDERED TO CANCEL THEIR MEDIATION AT LEAST 20 DAYS PRIOR TO THE MEDIATION. FAILURE TO PROVIDE THIS COURTESY TO THE ADR DEPARTMENT WILL RESULT IN THE COURT SETTING A MANDATORY, IN-PERSON PRE-TRIAL WITH ALL CLIENTS PRESENT AT THE TIME OF THE SCHEDULED MEDIATION TO EXPLAIN THE PROGRESS OF THEIR CASE AND WHY THEY WERE UNABLE TO MEDIATE AS PREVIOUSLY AGREED. SANCTIONS MAY ISSUE. FINAL PRETRIAL SET FOR 03/16/2023 AT 02:30 PM. FINAL PRE-TRIAL TO BE HELD BY ZOOM UNLESS OTHER ARRANGEMENTS ARE MADE WITH THE STAFF ATTORNEY IN ADVANCE. TRIAL BY JURY SET FOR 04/10/2023 AT 10:00 AM. TRIAL BRIEFS; JOINT JURY INSTRUCTIONS; VERDICT FORMS AGREED UPON BY COUNSEL; WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 03/20/2023; AN E-MAILED COPY TO THE STAFF ATTORNEY IS PREFERRED, INCLUDING ALL JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS IN MICROSOFT WORD FORMAT. PRIOR TO THE START OF JURY SELECTION, THE PARTIES ARE TO DELIVER TO THE COURT OR THE STAFF ATTORNEY A BRIEF AGREED-TO STATEMENT OF THE CASE TO BE READ TO THE PROSPECTIVE JURORS AS CONTEMPLATED BY CIV.R. 47(A). NOTE TAKING BY JURORS IS PERMITTED. JURY QUESTIONNAIRES AND SUBMISSION OF QUESTIONS BY JURORS TYPICALLY IS NOT PERMITTED. NOTICE ISSUED
  27. EDIATION SET FOR 12/19/2022 AT 11:00 AM. (Notice Sent).
  28. HONE PRE-TRIAL CONFERENCE TO BE HELD IN LIEU OF CMC. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL 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. 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. LITIGANTS NEED NOT PARTICIPATE IF THEY ARE REPRESENTED BY COUNSEL. 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. NOTICE ISSUED
  29. RETRIAL CONFERENCE SET FOR 08/25/2022 AT 10:15 AM. NOTICE ISSUED
  30. OTICE OF APPEARANCE, FILED DEFENDANT(S) MICHELLE L. KYLE(D1) and ADRIAN J. BUSCH(D2) ROBERT C BUCHBINDER 0039623. NOTICE OF APPEARANCE
  31. OTICE FILED BY DEFENDANT(S) MICHELLE L. KYLE(D1) and ADRIAN J. BUSCH(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 NOTICE OF SERVICE - DISCOVERY
  32. NSWER FILED BY DEFENDANT(S) MICHELLE L. KYLE(D1) and ADRIAN J. BUSCH(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 ANSWER OF DEFENDANTS MICHELLE L. KYLE AND ADRIAN J. BUSCH
  33. NSWER FILED BY DEFENDANT(S) MICHELLE L. KYLE(D1) and ADRIAN J. BUSCH(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 ANSWER OF DEFENDANTS MICHELLE L. KYLE AND ADRIAN J. BUSCH
  34. ERTIFIED MAIL RECEIPT NO. 47868619 RETURNED 6/24/2022 FAILURE OF SERVICE ON DEFENDANT KYLE/MICHELLE/L. - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  35. UMS COMPLAINT(47868619) SENT BY CERTIFIED MAIL. TO: MICHELLE L. KYLE 7208 ELTON AVENUE CLEVELAND, OH 44102-0000
  36. UMMONS E-FILE COPY COST
  37. RIT FEE
  38. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE OF DEFENDANT MICHELLE L. KYLE
  39. ERTIFIED MAIL RECEIPT NO. 47395598 RETURNED 05/13/2022 FAILURE OF SERVICE ON DEFENDANT KYLE/MICHELLE/L. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  40. ERTIFIED MAIL RECEIPT NO. 47395598 RETURNED 5/13/2022 FAILURE OF SERVICE ON DEFENDANT KYLE/MICHELLE/L. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  41. SPS RECEIPT NO. 47395599 DELIVERED BY USPS 04/30/2022 BUSCH/ADRIAN/J. PROCESSED BY COC 05/04/2022.
  42. UMS COMPLAINT(47395599) SENT BY CERTIFIED MAIL. TO: ADRIAN J. BUSCH 349 QUENTIN ROAD EASTLAKE, OH 44095
  43. UMS COMPLAINT(47395598) SENT BY CERTIFIED MAIL. TO: MICHELLE L. KYLE 10601 ST. MARK CLEVELAND, OH 44111
  44. UMMONS E-FILE COPY COST
  45. RIT FEE
  46. RIT FEE
  47. UMMONS E-FILE COPY COST
  48. UDGE KELLY ANN GALLAGHER ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE MICHAEL J RUSSO
  49. UDGE KELLY ANN GALLAGHER ASSIGNED (RANDOM)
  50. EGAL RESEARCH
  51. EGAL NEWS
  52. LEGAL AID
  53. COURT SPECIAL PROJECTS FUND
  54. COMPUTER FEE
  55. CLERK'S FEE
  56. DEPOSIT AMOUNT PAID BRIAN S KRAIG

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