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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-01
Status INACTIVE
Type Commercial Docket
Docket 30 entries

Parties

Plaintiff Climaco, Wilcox, Peca & Garofoli Co., Lpa
Defendant Municipal Construction Equipment Operators' Labor Council
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. UDGMENT ENTRY(52385105) SENT BY EMAIL. TO: DONALD A MAUSAR [email protected]
  3. UDGMENT ENTRY(52385104) SENT BY EMAIL. TO: DONALD A MAUSAR [email protected]
  4. UDGMENT ENTRY(52385103) SENT BY EMAIL. TO: STEWART D ROLL [email protected]
  5. UDGMENT ENTRY(52385102) SENT BY EMAIL. TO: STEWART D ROLL [email protected]
  6. Y AND THROUGH THE JOINT STIPULATION FOR DISMISSAL, FILED 11/15/2023, THIS MATTER IS SETTLED AND DISMISSED WITH PREJUDICE PURSUANT TO CIV. R. 41(A). ALL DATES CANCELED. THIS COURT RETAINS JURISDICTION OVER ALL POST-JUDGMENT MOTIONS. COURT COST ASSESSED TO THE PLAINTIFF(S). PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  7. TIPULATION FILED BY P1 CLIMACO, WILCOX, PECA & GAROFOLI CO., LPA ATTORNEY DONALD A MAUSAR 0065328 JOINT STIPULATION OF DISMISSAL
  8. PON THE PARTIES' NOTICE TO THE DISPUTE RESOLUTION DEPARTMENT, THE MATTER HAS BEEN SETTLED. THE PARTIES ARE TO SUBMIT THEIR OWN AGREED ENTRY WITHIN 30 DAYS OF THE DATE OF THIS ORDER. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  9. EDIATION SCHEDULED FOR 10/31/2023 AT 09:00 AM IS CANCELLED.
  10. EDIATION SET FOR 10/31/2023 AT 09:00 AM. (Notice Sent).
  11. 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 09/01/2023 AND 10/31/2023. IF NECESSARY TO PROTECT THE HEALTH OF THE PARTICIPANTS, AND AT THE DISCRETION OF THE MEDIATOR, ANY PARTY MAY ATTEND THE MEDIATION BY TELEPHONE OR VIDEOCONFERENCE. IF MEDIATING IN A VIRTUAL ENVIRONMENT PROVES TO BE UNPRODUCTIVE, THE MEDIATOR MAY ORDER ANY OR ALL OF THE PARTICIPANTS TO APPEAR IN PERSON AT A LATER DATE. 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. ANY MSJ TO BE FILED BY 11/13/2023; BRIEFS IN OPPOSITION AND REPLIES TO BE FILED PURSUANT TO THE CIVIL RULES. THE PARTIES MAY CONTACT THE STAFF ATTORNEY TO SET A FINAL PRE-TRIAL OR SETTLEMENT CONFERENCE. BENCH TRIAL SET FOR 03/28/2024 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 03/14/2024; 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  12. NSWER FILED BY D1 MUNICIPAL CONSTRUCTION EQUIPMENT OPERATORS' LABOR COUNCIL ATTORNEY STEWART D ROLL 0038004 ANSWER OF DEFENDANT
  13. RETRIAL CONFERENCE SET FOR 07/18/2023 AT 10:45 AM. PRE-TRIAL 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
  14. UMS COMPLAINT(50785354) SENT BY REGULAR MAIL SERVICE. TO: MUNICIPAL CONSTRUCTION EQUIPMENT OPERATORS' LABOR COUNCIL P.O. BOX 152 HINCKLEY, OH 44233 ANSWER DATE: 07/03/2023
  15. UMMONS E-FILE COPY COST
  16. RIT FEE
  17. EQUEST FOR SERVICE FILED REQUEST FOR SERVICE
  18. ERTIFIED MAIL RECEIPT NO. 50502774 RETURNED 5/20/2023 FAILURE OF SERVICE ON DEFENDANT MUNICIPAL CONSTRUCTION EQUIPMENT OPERATORS' LABOR COUNCIL - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  19. UMS COMPLAINT(50502774) SENT BY CERTIFIED MAIL. TO: MUNICIPAL CONSTRUCTION EQUIPMENT OPERATORS' LABOR COUNCIL P.O. BOX 152 HINCKLEY, OH 44233
  20. UMMONS E-FILE COPY COST
  21. RIT FEE
  22. UDGE DEENA R CALABRESE ASSIGNED (RANDOM); COMMERCIAL DOCKET CASE, REASSIGNED TO JUDGE MICHAEL J RUSSO (RANDOM)
  23. UDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  24. EGAL RESEARCH
  25. EGAL NEWS
  26. EGAL AID
  27. OURT SPECIAL PROJECTS FUND
  28. OMPUTER FEE
  29. LERK'S FEE
  30. EPOSIT AMOUNT PAID DONALD A MAUSAR

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