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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-05-10
Status INACTIVE
Type Workmans Comp. Adm. Appeal
Docket 32 entries

Parties

Plaintiff Sam Gaglione
Defendant Whip Restaurant Enterprises Inc.|Bureau Of Workers' Compensation Stephanie B. Mccloud Administrator
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: NOTICE OF APPEAL WORK. COMP ADMIN APPEAL, COMPLAINT
  2. PON NOTICE BY THE PARTIES, EFFECTIVE 02/22/2023, ALL CLAIMS ARE SETTLED AND DISMISSED WITH PREJUDICE PURSUANT TO CIV.R. 41(A). FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  3. TIPULATION FILED BY D2 BUREAU OF WORKERS' COMPENSATION ATTORNEY CHRISTOPHER A. GRAY 0087658 STIPULATION OF DISMISSAL
  4. 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 JANET R BURNSIDE. NOTICE ISSUED
  5. EDIATION SCHEDULED FOR 01/25/2023 AT 12:00 PM IS CANCELLED.
  6. EDIATION SCHEDULED FOR 01/04/2023 AT 01:00 PM IS CANCELLED.
  7. EDIATION SET FOR 01/25/2023 AT 12:00 PM. (Notice Sent).
  8. EDIATION SET FOR 01/04/2023 AT 01:00 PM. (Notice Sent).
  9. D2 BUREAU OF WORKERS' COMPENSATION DEFENDANT'S MOTION TO COMPEL DISCOVERY, FILED 08/19/2022 BY CHRISTOPHER A. GRAY 0087658, IS WITHDRAWN UPON NOTICE BY THE PARTY. NOTICE ISSUED
  10. OTION HEARING SCHEDULED FOR 09/15/2022 AT 01:30 PM IS CANCELLED.
  11. OTICE FILED BY D2 BUREAU OF WORKERS' COMPENSATION ATTORNEY CHRISTOPHER A. GRAY 0087658 NOTICE OF WITHDRAWAL OF DEFENDANT, ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION'S MOTION TO COMPEL DISCOVERY
  12. THE COURT IS IN RECEIPT OF PLAINTIFF'S MOTION TO COMPEL. IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT REGARDING THEIR DISCOVERY DISPUTE, A HEARING IS SET AS FOLLOWS IN COURTROOM 17-C: MOTION HEARING SET FOR 09/14/2022 AT 01:30 PM. FAILURE OF PLAINTIFF TO APPEAR IN PERSON WILL RESULT IN THE COURT DISMISSING THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  13. OTION FILED FOR D2 BUREAU OF WORKERS' COMPENSATION CHRISTOPHER A. GRAY 0087658 DEFENDANT'S MOTION TO COMPEL DISCOVERY 09/12/2022 - WITHDRAWN
  14. PRE-TRIAL HELD; COUNSEL FOR PLAINTIFF AND BWC PARTICIPATING. REPRESENTATIVE OF DEFENDANT WHIP JOINED THE CALL. AS THE REPRESENTATIVE WAS NOT AN ATTORNEY LICENSED IN THE STATE OF OHIO, SHE WAS NOT PERMITTED TO PARTICIPATING IN THE PRE-TRIAL. SHE WAS REFERRED TO SEDGWICK FOR ADDITIONAL INFORMATION ABOUT HER CLAIM. UPON AGREEMENT OF THE PARTIES, IME OF PLAINTIFF TO BE COMPLETED BY 11/01/2022. CASE REFERRED TO WORKERS' COMPENSATION MEDIATOR ON 12/01/2022. MEDIATION TO TAKE PLACE BY 01/31/2022. IF NECESSARY TO PROTECT THE HEALTH OF THE PARTICIPANTS, 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. TRIAL SET FOR 04/26/2023 AT 10:00 AM. THE PARTIES MAY CONTACT THE COURT FOR AN ADDITIONAL PRE-TRIAL OR FINAL PRE-TRIAL DATE. 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 04/12/2023; 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
  15. OTICE FILED BY D2 BUREAU OF WORKERS' COMPENSATION ATTORNEY CHRISTOPHER A. GRAY 0087658 INITIAL DISCLOSURES
  16. ENERAL PLEADING FILED BY P1 SAM GAGLIONE ATTORNEY JENNIFER L LAWTHER 0066761 PLAINTIFF'S INITIAL DISCLOSURE OF WITNESSES
  17. RETRIAL CONFERENCE SET FOR 08/02/2022 AT 10:45 AM. PHONE 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
  18. SPS RECEIPT NO. 47529853 DELIVERED BY USPS 05/17/2022 BUREAU OF WORKERS' COMPENSATION PROCESSED BY COC 05/25/2022.
  19. SPS RECEIPT NO. 47529852 DELIVERED BY USPS 05/17/2022 WHIP RESTAURANT ENTERPRISES INC. PROCESSED BY COC 05/25/2022.
  20. NSWER FILED BY D2 BUREAU OF WORKERS' COMPENSATION ATTORNEY CHRISTOPHER A. GRAY 0087658 DEFENDANT, ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION
  21. OTICE(47529853) SENT BY CERTIFIED MAIL. TO: BUREAU OF WORKERS' COMPENSATION WILLIAM GREEN BUILDING 30 WEST SPRING ST. COLUMBUS, OH 43215
  22. OTICE(47529852) SENT BY CERTIFIED MAIL. TO: WHIP RESTAURANT ENTERPRISES INC. 6406 PEARL RD. PARMA HEIGHTS, OH 44130
  23. UMMONS E-FILE COPY COST
  24. UMMONS E-FILE COPY COST
  25. UDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  26. EGAL RESEARCH
  27. EGAL NEWS
  28. EGAL AID
  29. OURT SPECIAL PROJECTS FUND
  30. OMPUTER FEE
  31. LERK'S FEE
  32. EPOSIT AMOUNT PAID JENNIFER L LAWTHER

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