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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-12
Status INACTIVE
Type Tort Miscellaneous
Docket 55 entries

Parties

Plaintiff Sarah Murphy|Matthew Payne Sr.
Defendant Shaker Heights Board Of Education|Michelle Hughes
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(52478418) SENT BY EMAIL. TO: ROSEL C. HURLEY, III [email protected]
  3. JUDGMENT ENTRY(52478417) SENT BY EMAIL. TO: WARREN ROSMAN [email protected]
  4. JUDGMENT ENTRY(52478416) SENT BY EMAIL. TO: WARREN ROSMAN [email protected]
  5. THIS MATTER IS BEFORE THE COURT ON DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S AMENDED MOTION TO DISMISS, FILED 10/03/2023. PURSUANT TO THIS COURT'S 10/12/2023 BRIEF SCHEDULING ORDER, PLAINTIFF FILED A BRIEF IN OPPOSITION ON 10/27/2023. DEFENDANT FILED A REPLY BRIEF ON 11/10/2023. "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT." DOE V. CLEVELAND METRO. SCHOOL DIST., 2012-OHIO-2497, 972 N.E.2D 637, 20 (8TH DIST.) (QUOTING STATE EX REL. HANSON V. GUERNSEY CTY. BD. OF COMMRS., 65 OHIO ST.3D 545, 548, 1992 OHIO 73, 605 N.E.2D 378 (1992). "AS LONG AS THERE IS A SET OF FACTS, CONSISTENT WITH THE PLAINTIFF'S COMPLAINT, WHICH WOULD ALLOW THE PLAINTIFF TO RECOVER, THE COURT MAY NOT GRANT A DEFENDANT'S MOTION TO DISMISS." YORK V. OHIO STATE HWY. PATROL, 60 OHIO ST.3D 143, 145, 573 N.E.2D 1063 (1991). IN CONSIDERATION OF THE AMENDED MOTION TO DISMISS, THE COURT HAS PRESUMED ALL FACTUAL ALLEGATIONS OF THE AMENDED COMPLAINT AS TRUE, AND HAS CONSTRUED ALL FACTS AND INFERENCES IN THE LIGHT MOST FAVORABLE TO THE NON-MOVING PARTY, THE PLAINTIFF. WITH THIS STANDARD IN MIND, AND HAVING CONSIDERED THE PARTIES' BRIEFS AND ARGUMENTS, THE COURT FINDS THAT PLAINTIFF HAS FAILED TO STATE ANY COGNIZABLE CLAIM UPON WHICH RELIEF CAN BE GRANTED. SPECIFICALLY, THE COURT FINDS THAT COUNTS I, II, AND III AS ALLEGED IN PLAINTIFF'S AMENDED COMPLAINT ARE BARRED, AS DEFENDANT IS IMMUNE FROM LIABILITY OF THESE CLAIMS UNDER R.C. 2744.01 AND 2744.02 ET SEQ. FIRST, THE COURT FINDS THAT DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION IS A "POLITICAL SUBDIVISION" AS DEFINED BY R.C. 2744.01(F). NEXT, THE COURT FINDS THAT ANY AND ALL RELEVANT ACTIONS/OMISSIONS BY DEFENDANT THAT GIVE RISE TO THIS LAWSUIT WERE DONE IN FURTHERANCE OF A GOVERNMENTAL, AND NOT PROPRIETARY, FUNCTION, AS BY R.C 2744.01(C)(1)(C), AND/OR (C)(2)(C). AS SUCH, DEFENDANT IS STATUTORILY IMMUNE FROM LIABILITY PURSUANT TO R.C. 2744.02(A)(1), AND NONE OF THE FIVE EXCEPTIONS TO THIS IMMUNITY AS ENUMERATED IN R.C 2744.02(B)(1)-(5) APPLY. ACCORDINGLY, COUNTS I (NEGLIGENCE), II (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS), AND III (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) AS ALLEGED IN PLAINTIFF'S AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. AS COUNT IV (LOSS OF CONSORTIUM) IS NECESSARILY DERIVATIVE OF THE PRECEDING COUNTS, THIS CLAIM IS ALSO DISMISSED WITH PREJUDICE. ACCORDINGLY, AND IN SUM, DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S AMENDED MOTION TO DISMISS, FILED 10/03/2023, IS WELL-TAKEN AND GRANTED, AND PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED IN THE ENTIRETY. THIS ENTRY TERMINATES THE MATTER. 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
  6. REPLY BRIEF FILED BY D1 SHAKER HEIGHTS BOARD OF EDUCATION WARREN ROSMAN 0017510 DEFENDANT SHAKER HTS BOARD OF EDUCATION'S REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS
  7. REPLY BRIEF FILED BY P2 MATTHEW PAYNE SR. ROSEL C. HURLEY, III 0083288 PLAINTIFF'S RESPONSE TO MOTION TO DISMISS
  8. 10/12/2023. PRETRIAL CONFERENCE HELD BY PHONE. PARTIES APPEARED THROUGH COUNSEL AND PROVIDED THE COURT WITH AN UPDATE ON THE CASE. UPON AGREEMENT OF THE PARTIES, BRIEFING SCHEDULE FOR DEFENDANT'S PENDING AMENDED MOTION TO DISMISS (FILED 10/03/2023) IS AS FOLLOWS: PLAINTIFF'S BRIEF IN OPPOSITION DUE 10/27/2023. DEFENDANT'S REPLY BRIEF DUE 11/10/2023. PRETRIAL CONFERENCE SET FOR 12/07/2023 AT 11:00 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  9. JUDGMENT ENTRY(52095414) SENT BY EMAIL. TO: MATTHEW A. SMARTNICK [email protected]
  10. JUDGMENT ENTRY(52095413) SENT BY EMAIL. TO: MARKUS E APELIS [email protected]
  11. JUDGMENT ENTRY(52095412) SENT BY EMAIL. TO: ROSEL C. HURLEY, III [email protected]
  12. JUDGMENT ENTRY(52095411) SENT BY EMAIL. TO: WARREN ROSMAN [email protected]
  13. JUDGMENT ENTRY(52095410) SENT BY EMAIL. TO: WARREN ROSMAN [email protected]
  14. PURSUANT TO THE STIPULATION FOR PARTIAL DISMISSAL FILED 10/10/2023, THIS MATTER IS DISMISSED WITH PREJUDICE AS TO DEFENDANT MICHELLE HUGHES ONLY. ALL OTHER CLAIMS AGAINST ALL OTHER DEFENDANTS REMAIN PENDING. ACCORDINGLY, DEFENDANT MICHELLE HUGHES' RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS, FILED 09/28/2023, IS DEEMED MOOT. 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
  15. STIPULATION FILED BY D2 MICHELLE HUGHES ATTORNEY MATTHEW A. SMARTNICK 0096932 STIPULATION FOR DISMISSAL AND JUDGMENT ENTRY
  16. MOTION TO DISMISS FILED DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S AMENDED MOTION TO DISMISS 11/29/2023 - GRANTED
  17. MOTION TO DISMISS FILED DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S MOTION TO DISMISS 10/03/2023 - UNKNOWN
  18. D2 MICHELLE HUGHES'S MOTION FOR JUDGMENT ON THE PLEADINGS. MATTHEW A. SMARTNICK 0096932 DEFENDANT MICHELLE HUGHES' RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS 10/11/2023 - MOOT
  19. ANSWER FILED BY D2 MICHELLE HUGHES ATTORNEY MATTHEW A. SMARTNICK 0096932 DEFENDANT MICHELLE HUGHES' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT
  20. 09/19/2023. AS PLAINTIFF FILED AN AMENDED COMPLAINT ON 09/18/2023, DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S MOTION TO DISMISS, FILED 08/16/2023, IS DEEMED MOOT. DEFENDANT MICHELLE HUGHES' MOTION FOR JUDGMENT ON THE PLEADINGS, FILED 08/15/2023, IS DEEMED MOOT. DEFENDANTS ORDERED TO FILE NEW RESPONSIVE PLEADINGS WITHIN FOURTEEN (14) DAYS FROM THE JOURNALIZATION OF THIS ORDER. NOTICE ISSUED
  21. DEPOSIT AMOUNT PAID ROSEL C. HURLEY, III
  22. AMENDED COMPLAINT $75
  23. P1 SARAH MURPHY MOTION TO SUBSTITUTE, FILED 08/23/2023 BY ROSEL C. HURLEY, III 0083288, IS DENIED. PLAINTIFF GIVEN LEAVE TO FILE AN AMENDED COMPLAINT BY 4:30 PM. ON 09/18/2023. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  24. MOTION FILED FOR P1 SARAH MURPHY ROSEL C. HURLEY, III 0083288 MOTION TO SUBSTITUTE 09/08/2023 - DENIED
  25. 08/16/2023: P1 SARAH MURPHY'S MOTION FOR CONTINUANCE, FILED 08/01/2023, IS GRANTED. PRE-TRIAL NOT HELD. PARTIES TO COMPLETE BRIEFING OF THE RULE 12 MOTIONS CURRENTLY PENDING ON THE COURT'S DOCKET. PRETRIAL CONFERENCE SET FOR 10/12/2023 AT 10:00 AM. THE PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591 OR DISTRIBUTE A CONFERENCE NUMBER IN ADVANCE. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  26. MOTION TO DISMISS FILED DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S MOTION TO DISMISS 09/19/2023 - MOOT
  27. PRETRIAL CONFERENCE SCHEDULED FOR 08/16/2023 AT 11:15 AM IS CANCELLED.
  28. NOTICE FILED BY D1 SHAKER HEIGHTS BOARD OF EDUCATION ATTORNEY WARREN ROSMAN 0017510 DEFENDANT SHAKER HEIGHTS BOARD OF EDUCATION'S NOTICE OF SERVICE OF INITIAL DISCLOSURES
  29. D2 MICHELLE HUGHES'S MOTION FOR JUDGMENT ON THE PLEADINGS. MATTHEW A. SMARTNICK 0096932 DEFENDANT MICHELLE HUGHES' MOTION FOR JUDGMENT ON THE PLEADINGS 09/19/2023 - MOOT
  30. NOTICE FILED BY D2 MICHELLE HUGHES ATTORNEY MATTHEW A. SMARTNICK 0096932 DEFENDANT MICHELLE HUGHES' NOTICE OF SERVICE OF INITIAL DISCLOSURES
  31. GENERAL PLEADING FILED BY D1 SHAKER HEIGHTS BOARD OF EDUCATION ATTORNEY WARREN ROSMAN 0017510 JOINT REPORT OF ATTORNEYS' RULE 26 PRETRIAL MEETING
  32. P1 SARAH MURPHY'S MOTION FOR CONTINUANCE ROSEL C. HURLEY, III 0083288. ^F^ MOTION FOR CONTINUANCE 08/16/2023 - GRANTED
  33. NOTICE FILED BY P1 SARAH MURPHY ATTORNEY ROSEL C. HURLEY, III 0083288 NOTICE TO THE COURT
  34. ANSWER FILED BY D2 MICHELLE HUGHES ATTORNEY MATTHEW A. SMARTNICK 0096932 DEFENDANT MICHELLE HUGHES' ANSWER TO PLAINTIFF'S COMPLAINT
  35. PRETRIAL CONFERENCE SET FOR 08/16/2023 AT 11:15 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. 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
  36. CERTIFIED MAIL NUMBER 50612737 ADDRESSED TO SHAKER HEIGHTS BOARD OF EDUCATION(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  37. CERTIFIED MAIL NUMBER 50612738 ADDRESSED TO MICHELLE HUGHES(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  38. CAPTIONED CASE BEING ORIGINALLY ASSIGNED TO JUDGE DANIEL GAUL (303) AND FOR GOOD CAUSE SHOWN, THIS MATTER IS HEREBY REASSIGNED AND TRANSFERRED TO THE DOCKET OF JUDGE MICHAEL J RUSSO (341) FOR FURTHER PROCEEDINGS ACCORDING TO LAW. NOTICE ISSUED
  39. NOTICE OF APPEARANCE, FILED D2 MICHELLE HUGHES MATTHEW A. SMARTNICK 0096932. AMENDED NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANT MICHELLE HUGHES ONLY
  40. STIPULATION FOR LEAVE TO PLEAD FILED
  41. NOTICE OF APPEARANCE, FILED DEFENDANT(S) SHAKER HEIGHTS BOARD OF EDUCATION(D1) and MICHELLE HUGHES(D2) MATTHEW A. SMARTNICK 0096932. NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANTS
  42. SUMS COMPLAINT(50612738) SENT BY CERTIFIED MAIL. TO: MICHELLE HUGHES SHAKER HEIGHTS MIDDLE SCHOOL 20600 SHAKER BOULEVARD SHAKER HEIGHTS, OH 44122
  43. SUMS COMPLAINT(50612737) SENT BY CERTIFIED MAIL. TO: SHAKER HEIGHTS BOARD OF EDUCATION 15600 PARKLAND DRIVE SHAKER HEIGHTS, OH 44120
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. WRIT FEE
  48. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  49. LEGAL RESEARCH
  50. LEGAL NEWS
  51. LEGAL AID
  52. COURT SPECIAL PROJECTS FUND
  53. COMPUTER FEE
  54. CLERK'S FEE
  55. DEPOSIT AMOUNT PAID ROSEL C. HURLEY, III

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