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Photo of Summit Co

Court

Summit Co

Ohio

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Case Information

Filed 2023-04-24
Type Injunction
Docket 68 entries
Disposition appeal dismissed

Parties

Plaintiff Castlerock 2023, Llc
Defendant City Of Barberton Building Department
Photo of Hon. Kathryn Michael

Judge

Hon. Kathryn Michael

Summit County (OH)

Ohio

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Lawyers

Docket Entries

  1. MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
  2. Certificate of Mailing Service - Mailed KATHRYN MICHAEL
  3. NOTICE ISSUED - CERTIFICATE OF MAILING MICHAEL, KATHRYN
  4. CA-31138 APPEAL DISMISSED. APPEAL JUDGE SCOTT STEVENSON
  5. TRANSCRIPT OF PROCEEDINGS FILED, VOLUME 1 OF 1, 05/16/2023.
  6. CA-31138 EXHIBIT LIST
  7. JOURNAL ENTRY. THE TIME FOR FILING THE TRANSCRIPT OF PROCEEDINGS IS EXTENDED FOR 30 DAYS, UNTIL AUGUST 9, 2024. KM
  8. PRAECIPE TO THE COURT REPORTER - ORNER
  9. Certificate of Mailing Service - Mailed IRVING B. SUGERMAN
  10. Certificate of Mailing Service - Mailed CITY OF BARBERTON BUILDING DEPARTMENT
  11. Certificate of Mailing Service - Mailed CASTLEROCK 2023, LLC
  12. Certificate of Mailing Service - Mailed ANDREA ANTONIO GINELLA
  13. THE COURT HEREBY OVERRULES THE SECOND, THIRD, AND FOURTH ARGUMENTS OF THE PLAINTIFF’S OBJECTION TO THE MAGISTRATE’S DECISION. THE COURT OTHERWISE AFFIRMS AND ADOPTS THE MAGISTRATE’S DECISION, PURSUANT TO CIV. R. 53(D); AND THE PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION IS DENIED. THIS IS A FINAL AND APPEALABLE ORDER. KAM
  14. F.A.O. NOTICES ISSUED BY REGULAR MAIL. VANSUCH, MATTHEW G.
  15. F.A.O. NOTICES ISSUED BY REGULAR MAIL. MYERS, JANEL M.
  16. F.A.O. NOTICES ISSUED BY REGULAR MAIL. SUGERMAN, IRVING B.
  17. F.A.O. NOTICES ISSUED BY REGULAR MAIL. CITY OF BARBERTON BUILDING DEPARTMENT
  18. F.A.O. NOTICES ISSUED BY REGULAR MAIL. CASTLEROCK 2023, LLC
  19. F.A.O. NOTICES ISSUED BY REGULAR MAIL. GINELLA, ANDREA ANTONIO
  20. **CASE COSTED THRU 1/23/24 FOR ORIGINAL COST. APPLY DEPOSIT, REFUND BALANCE. SD
  21. REPLY TO OBJECTIONS
  22. OBJECTION TO MAGISTRATE'S DECISION
  23. Certificate of Mailing Service - Mailed IRVING B. SUGERMAN
  24. Certificate of Mailing Service - Mailed CASTLEROCK 2023, LLC
  25. Certificate of Mailing Service - Mailed CITY OF BARBERTON BUILDING DEPARTMENT
  26. Certificate of Mailing Service - Mailed ANDREA ANTONIO GINELLA
  27. Certificate of Mailing Service - Mailed JANEL M. MYERS
  28. Certificate of Mailing Service - Mailed MATTHEW G. VANSUCH
  29. Certificate of Mailing Service - Mailed MATTHEW G. VANSUCH
  30. Certificate of Mailing Service - Mailed JANEL M. MYERS
  31. Certificate of Mailing Service - Mailed IRVING B. SUGERMAN
  32. Certificate of Mailing Service - Mailed CITY OF BARBERTON BUILDING DEPARTMENT
  33. Certificate of Mailing Service - Mailed CASTLEROCK 2023, LLC
  34. Certificate of Mailing Service - Mailed ANDREA ANTONIO GINELLA
  35. MAGISTRATE DECISION PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION IS DENIED. MAGISTRATE KANDI S. O'CONNOR
  36. NOTICE ISSUED - CERTIFICATE OF MAILING VANSUCH, MATTHEW G.
  37. NOTICE ISSUED - CERTIFICATE OF MAILING MYERS, JANEL M.
  38. NOTICE ISSUED - CERTIFICATE OF MAILING SUGERMAN, IRVING B.
  39. NOTICE ISSUED - CERTIFICATE OF MAILING CITY OF BARBERTON BUILDING DEPARTMENT
  40. NOTICE ISSUED - CERTIFICATE OF MAILING CASTLEROCK 2023, LLC
  41. NOTICE ISSUED - CERTIFICATE OF MAILING GINELLA, ANDREA ANTONIO
  42. REPLY BRIEF
  43. REQUEST TO AMEND THE COMPLAINT AND CLOSING STATEMENT IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER
  44. TRANSCRIPT OF TRO HEARING
  45. MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
  46. MAGISTRATE ASSIGNMENT. IT IS FURTHER ORDERED THAT A IN PERSON PRELIMINARY INJUNCTION HEARING (LOCAL RULE 8) WILL BE HELD BEFORE THE MAGISTRATE ON MAY 16, 2023 AT 1:00 P.M. KAM
  47. ANSWER OF CITY OF BARBERTON BUILDING DEPARTMENT
  48. AMENDED MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER
  49. TEMPORARY RESTRAINING ORDER. BY AGREEMENT THE PLAINTIFF, CASTLEROCK 2023, LLC AND THE DEFENDANT, THE CITY OF BARBERTON BUILDING DEPARTMENT (THE “CITY”) THE CITY AGREES TO REFRAIN FROM TAKING ANY ACTION TO DEMOLISH THE PROPERTY LOCATED AT 591 LLOYD ST., BARBERTON, OHIO 44203 UNTIL THIS COURT CAN HOLD A HEARING ON PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION. THIS HEARING HAS BEEN SCHEDULED ON MAY 16, 2023 AT 1P.M.THIS ORDER SHALL REMAIN IN EFFECT UNTIL THE HEARING IS HELD REGARDING THIS MATTER KM
  50. AN IN PERSON PRELIMINARY INJUNCTION HEARING IS SCHEDULED FOR MAY 16, 2023 AT 1:00 P.M. IN JUDGE KATHRYN MICHAEL’S COURTROOM. KAM
  51. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail CITY OF BARBERTON BUILDING DEPARTMENT
  52. NOTICE OF APPEARANCE OF ATTORNEYS IRVING B SUGERMAN AND MATTHEW G VANSUCH AS COUNSEL FOR THE DEFENDANT CITY OF BARBERTON BUILDING DEPARTMENT
  53. CIVIL COMPLAINT FILED
  54. INSTRUCTIONS TO CLERK FOR SERVICE
  55. MEMORANDUM IN SUPPORT OF PLTF'S MOTION FOR TEMPORARY RESTRAINING ORDER
  56. CERTIFICATE OF COUNSEL
  57. MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
  58. MAGISTRATE ASSIGNMENT. IT IS FURTHER ORDERED THAT A IN PERSON PRELIMINARY INJUNCTION HEARING (LOCAL RULE 8) WILL BE HELD BEFORE THE MAGISTRATE ON MAY 16, 2023 AT 1:00 P.M. KAM
  59. ANSWER OF CITY OF BARBERTON BUILDING DEPARTMENT
  60. AMENDED MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER
  61. TEMPORARY RESTRAINING ORDER. BY AGREEMENT THE PLAINTIFF, CASTLEROCK 2023, LLC AND THE DEFENDANT, THE CITY OF BARBERTON BUILDING DEPARTMENT (THE “CITY”) THE CITY AGREES TO REFRAIN FROM TAKING ANY ACTION TO DEMOLISH THE PROPERTY LOCATED AT 591 LLOYD ST., BARBERTON, OHIO 44203 UNTIL THIS COURT CAN HOLD A HEARING ON PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION. THIS HEARING HAS BEEN SCHEDULED ON MAY 16, 2023 AT 1P.M.THIS ORDER SHALL REMAIN IN EFFECT UNTIL THE HEARING IS HELD REGARDING THIS MATTER KM
  62. AN IN PERSON PRELIMINARY INJUNCTION HEARING IS SCHEDULED FOR MAY 16, 2023 AT 1:00 P.M. IN JUDGE KATHRYN MICHAEL’S COURTROOM. KAM
  63. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail CITY OF BARBERTON BUILDING DEPARTMENT
  64. NOTICE OF APPEARANCE OF ATTORNEYS IRVING B SUGERMAN AND MATTHEW G VANSUCH AS COUNSEL FOR THE DEFENDANT CITY OF BARBERTON BUILDING DEPARTMENT
  65. CIVIL COMPLAINT FILED
  66. INSTRUCTIONS TO CLERK FOR SERVICE
  67. MEMORANDUM IN SUPPORT OF PLTF'S MOTION FOR TEMPORARY RESTRAINING ORDER
  68. CERTIFICATE OF COUNSEL

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