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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-19
Status INACTIVE
Type Foreclosure Marsh. Of Lien
Docket 58 entries

Parties

Plaintiff Michael R Grow Jr.
Defendant J Olive Manner Llc
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, PRELIMINARY JUDICIAL REPORT, SERVICE REQUEST
  2. MOTION TO VACATE $30.00 . MELISSA J WHALEN (0068316) MOTION TO VACATE DISMISSAL 04/24/2024 - DENIED
  3. DEPOSIT AMOUNT PAID MELISSA J WHALEN
  4. JUDGMENT ENTRY(53231885) SENT BY EMAIL. TO: AMY L FOGELMAN [email protected]
  5. JUDGMENT ENTRY(53231884) SENT BY EMAIL. TO: MELISSA J WHALEN [email protected]
  6. DEFAULT HEARING CALLED, BUT DID NOT GO FORWARD. MS. BLACK AND MS. JETER APPEARED (ONE OF WHOM IS A MEMBER OF J OLIVE MANNER LLC). COUNSEL FOR PLAINTIFF FAILED TO APPEAR, THOUGH THE NOTICE OF DEFAULT HEARING FILED BY PLAINTIFF LISTS THE CORRECT DATE, TIME AND PLACE OF THE HEARING. AS A RESULT, AND PURSUANT TO THE COURT ORDER DATED JANUARY 23, 2024, THE CASE IS DISMISSED, WITHOUT PREJUDICE. 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 JANET R BURNSIDE. NOTICE ISSUED
  7. NOTICE FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF DEFAULT JUDGMENT HEARING
  8. DEFAULT HEARING CALLED, BUT DID NOT GO FORWARD. PLAINTIFF'S NOTICE OF HEARING DID NOT PROVIDE THE CORRECT DATE AND TIME OF THE DEFAULT HEARING. THE COURT WILL AGAIN SCHEDULE THE DEFAULT HEARING BY SEPARATE ORDER. NOTICE ISSUED
  9. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 02/20/2024 AT 10:45AM BEFORE MAGISTRATE JIM L JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  10. NOTICE FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF HEARING
  11. DEFAULT HEARING CALLED. ATTORNEY OCHOCKI APPEARED ON BEHALF OF THE PLAINTIFF, BUT BECAUSE PLAINTIFF DID NOT FILE A NOTICE OF HEARING, THE HEARING WAS RESCHEDULED AT THE REQUEST OF ATTORNEY OCHOCKI. NOTICE ISSUED
  12. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 01/23/2024 AT 11:00AM BEFORE MAGISTRATE JIM L JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  13. DEFAULT HEARING SCHEDULED FOR 12/19/2023 AT 11:15 AM IS CANCELLED. MAGISTRATE: JIM L JACKSON (0078764) REASON: NO NOTICE OF HEARING FILED. (notice sent).
  14. MOTION FOR DEFAULT JUDGMENT IS SET FOR HEARING ON 12/19/2023 AT 11:15AM BEFORE MAGISTRATE JIM L JACKSON, 310 W. LAKESIDE, 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. THE MOVING PARTY MUST SEND NOTICE OF THE DATE AND TIME OF THIS HEARING AND A COPY OF THE MOTION TO ALL PARTIES, INCLUDING THOSE WHO HAVE YET TO ENTER AN APPEARANCE, AT LEAST 14 DAYS IN ADVANCE OF THE HEARING. FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CLAIMS OR AN ENTRY OF JUDGMENT. NOTICE ISSUED
  15. AFFIDAVIT FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT OF STATUS OF ACCOUNT
  16. GENERAL PLEADING FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 FINAL JUDICIAL REPORT
  17. NOTICE FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF FILING PROPOSED JUDGEMENT ENTRY ADOPTING MAGISTRATE'S DECISION
  18. AFFIDAVIT FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 AFFIDAVIT OF MELISSA J. WHALEN
  19. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 03/18/2024 - UNKNOWN
  20. ATTORNEY CONFERENCE HELD. ATTORNEYS WHALEN AND FOGELMAN PARTICIPATED. ATTORNEY WHALEN INFORMED THE COURT THAT HER OFFICE AND CLIENT ARE PREPARING THE NECESSARY DOCUMENTS FOR FILING OF THEIR DISPOSITIVE MOTION(S). COUNSEL FURTHER INFORMED THE COURT THAT PAYOFF AND REINSTATEMENT FIGURES HAVE BEEN REQUESTED TO POTENTIALLY RESOLVE THE LITIGATION. THE COURT WILL SCHEDULE A DEFAULT HEARING UPON THE FILING OF THE MOTION FOR DEFAULT JUDGMENT AND REMAINS WILLING TO CONDUCT AN ADDITIONAL ATTORNEY CONFERENCE UPON REQUEST OF COUNSEL. NOTICE ISSUED
  21. NOTICE FILED BY P1 MICHAEL R GROW JR. ATTORNEY MELISSA J WHALEN 0068316 NOTICE OF CASE MANAGEMENT CONFERENCE
  22. ATTORNEY CONFERENCE SET FOR 09/20/2023 AT 11:00 AM. THIS CASE IS SET FOR AN ATTORNEY CONFERENCE. ANY PARTY MAY APPEAR AT THIS ATTORNEY CONFERENCE BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE ATTORNEY CONFERENCE. NOTICE ISSUED
  23. PLAINTIFF'S MOTION FOR COGNOVIT JUDGMENT ENTRY, FILED 06/28/2023, IS GRANTED. ORDER SEE JOURNAL. NOTICE ISSUED
  24. THE ANSWER OF DEFENDANT J OLIVE MANNER, LLC FILED ON JUNE 21, 2023, IS HEREBY STRICKEN FROM THE RECORD. OHIO LAW REQUIRES CORPORATE PARTIES TO BE REPRESENTED IN COURT BY AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF OHIO OR GRANTED LEAVE TO REPRESENT THE CLIENT PRO HAC VICE. NOTICE ISSUED
  25. MOTION FILED FOR P1 MICHAEL R GROW JR. MELISSA J WHALEN 0068316 MOTION FOR COGNOVIT JUDGMENT ENTRY 07/18/2023 - GRANTED
  26. 50714705 ON 06/10/2023 THE WITHIN NAMED J OLIVE MANNER LLC WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  27. ANSWER OF J OLIVE MANNER LLC .
  28. ANSWER FILED BY D1 J OLIVE MANNER LLC ATTORNEY AMY L FOGELMAN 0076629 ANSWER OF THE DEFENDANT, J OLIVE MANNER LLC
  29. 50714706 ON 06/05/2023 THE WITHIN NAMED J OLIVE MANNER LLC WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
  30. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  31. NOTICE OF SUMMONS SERVICE RETURN FILED RETURN OF SERVICE
  32. USPS RECEIPT NO. 50712402 DELIVERED BY USPS 05/30/2023 J OLIVE MANNER LLC PROCESSED BY COC 06/07/2023.
  33. USPS RECEIPT NO. 50712401 DELIVERED BY USPS 05/30/2023 J OLIVE MANNER LLC PROCESSED BY COC 06/07/2023.
  34. ALL NON-MILITARY CLIENT AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE FILE AND LOAN HISTORY IN QUESTION AND HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELIED UPON TO MAKE THE STATEMENTS CONTAINED IN THE AFFIDAVIT. ALL CLIENT EXECUTED MILITARY AFFIDAVITS FILED IN RESIDENTIAL MORTGAGE FORECLOSURE CASES MUST INDICATE THAT THE AFFIANT HAS ACTUAL PERSONAL KNOWLEDGE OF THE APPROPRIATE DEFENDANTS' MILITARY STATUS. FAILURE TO PROVIDE APPROPRIATE AFFIDAVITS MAY RESULT IN MANDATORY PERSONAL ATTENDANCE OF AN AFFIANT FOR A HEARING, THE IMPOSITION OF SANCTIONS AND PENALTIES FOR PERJURY OR CONTEMPT, AND DISMISSAL OF THE CASE. BEFORE JUDGMENT IS ENTERED ON ANY CLAIM FOR FORECLOSURE AND/OR MONEY JUDGMENT IN A RESIDENTIAL MORTGAGE FORECLOSURE CASE, COUNSEL FOR PLAINTIFF AND ANY OTHER PARTY THAT ASSERTS A CLAIM FOR FORECLOSURE OR MONEY JUDGMENT MUST FILE AN AFFIDAVIT OR AFFIDAVITS. IN REGARD TO NON-MILITARY CLIENT AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS REVIEWED THE FILE. 3) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH A REPRESENTATIVE OF THE PARTY SEEKING FORECLOSURE AND/OR MONEY JUDGMENT OR ITS SERVICER AND THAT THIS REPRESENTATIVE: HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS, OR OTHER DATA RELATED TO THE CASE; HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE; AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE PLEADINGS AND COURT FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN. 4) PROVIDE THE FULL NAME OF THE REPRESENTATIVE DESCRIBED IN ITEM 3 AND THE DATE OR DATES OF THE COMMUNICATION. 5) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE PLEADINGS AND OTHER COURT FILINGS IN SUPPORT OF THE CLAIMS FOR FORECLOSURE ARE COMPLETE AND ACCURATE IN ALL RELEVANT RESPECTS. 6) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 7) BE SIGNED AND DATED BY COUNSEL OF RECORD. IN REGARD TO CLIENT EXECUTED MILITARY AFFIDAVITS, THIS AFFIDAVIT MUST: 1) IDENTIFY THE COUNSEL OF RECORD AND HIS OR HER LAW FIRM. 2) PROVIDE THAT THE COUNSEL OF RECORD HAS COMMUNICATED WITH THE AFFIANT OF THE MILITARY AFFIDAVIT AND THAT THE AFFIANT HAS AFFIRMED THAT HE OR SHE HAS PERSONALLY REVIEWED NECESSARY WEBSITE AND/OR DATABASE TO DETERMINE THE MILITARY STATUS OF THE APPROPRIATE DEFENDANTS. 3) PROVIDE THE FULL NAME OF THE AFFIANT DESCRIBED IN ITEM 2 AND THE DATE OR DATES OF THE COMMUNICATION. 4) CERTIFY THAT, TO THE BEST OF THE COUNSEL OF RECORD'S KNOWLEDGE, THE INFORMATION CONTAINED IN THE MILITARY AFFIDAVIT IS ACCURATE IN ALL RELEVANT RESPECTS. 5) ACKNOWLEDGE THAT COUNSEL OF RECORD HAS A CONTINUING OBLIGATION TO AMEND AND SUPPLEMENT THE AFFIDAVIT IN LIGHT OF NEWLY DISCOVERED FACTS FOLLOWING ITS FILING. 6) BE SIGNED AND DATED BY COUNSEL OF RECORD. FAILURE TO SUBMIT AN APPROPRIATE AFFIDAVIT ON OR BEFORE THE DATE OF TRIAL, THE DATE THAT A MOTION FOR SUMMARY JUDGMENT IS RIPE FOR RULING, OR THE DATE OF DEFAULT HEARING, WHICHEVER IS APPLICABLE, WILL RESULT IN DISMISSAL OF THE CASE AND MAY RESULT IN FURTHER SANCTIONS. STANDARDIZED AFFIDAVIT FORMS ARE POSTED ON THE CUYAHOGA COUNTY COURT OF COMMONPLEAS WEBSITE HTTP://CP.CUYAHOGACOUNTY.US/INTERNET/COURTDOCS/MAGISTRATES/AFFIDAVIT (REV5).PDF. ALL AFFIDAVITS SUBMITTED PURSUANT TO THIS ORDER MUST BE IN THE FORMAT OF THESE STANDARDIZED AFFIDAVIT FORMS. IN LIEU OF THIS AFFIDAVIT: 1) IN CASES WHERE CLIENT AFFIDAVITS HAVE BEEN FILED, THE AFFIANT OR AFFIANTS MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY REGARDING THOSE AFFIDAVITS. THE REPRESENTATIVE MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. IF MULTIPLE CLIENT AFFIDAVITS ARE FILED IN THE CASE AND ARE EXECUTED BY MORE THAN ONE AFFIANT, EACH AFFIANT MUST APPEAR AT THE HEARING OF THE MATTER. 2) IN CASES WHERE NO CLIENT AFFIDAVITS HAVE BEEN FILED, AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER MUST APPEAR AT THE HEARING OF THE MATTER AND TESTIFY IN SUPPORT OF THE ALLEGATIONS OF THE COMPLAINT AND CONTENTS OF OTHER DOCUMENTS OR COURT FILINGS. THE OFFICER MUST APPEAR IN PERSON AND TELEPHONIC APPEARANCE WILL NOT BE PERMITTED. 3) IN CASES WHERE NO HEARING IS SCHEDULED BEFORE THE ENTRY OF JUDGMENT (SUCH AS SOME SUMMARY JUDGMENT CASES), THE OFFICER OF THE PARTY SEEKING FORECLOSURE MUST, CONTEMPORANEOUSLY WITH THE MOTION FOR SUMMARY JUDGMENT, MOVE TO SCHEDULE A HEARING AT WHICH THE AFFIANT MAY APPEAR. 4) WITH THE EXCEPTION OF AFFIANTS OF MILITARY AFFIDAVITS, THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER WHO APPEARS IN COURT IN LIEU OF THE FILING OF A FORECLOSURE COUNSEL AFFIDAVIT MUST APPEAR WITH THE ORIGINAL PROMISSORY NOTE, INCLUDING ALL ENDORSEMENTS AND ALLONGES AND A CURRENT PAYMENT HISTORY FOR THE MORTGAGE LOAN AT ISSUE. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO TESTIFY THAT HE OR SHE HAS PERSONALLY REVIEWED THE DOCUMENTS, RECORDS OR OTHER DATA RELATED TO THE CASE, HAS REVIEWED THE PLEADINGS AND OTHER COURT FILINGS IN THE CASE AND HAS CONFIRMED BOTH THE FACTUAL ACCURACY OF THE FILINGS AND THE ACCURACY OF THE NOTARIZATIONS CONTAINED THEREIN, IF ANY. THE AFFIANT OR AN OFFICER OF THE PARTY SEEKING FORECLOSURE OR OFFICER OF ITS SERVICER MUST BE PREPARED TO RESPOND TO THE QUESTIONING OF THE MAGISTRATE OR JUDGE PRESIDING OVER THE HEARING AND THE QUESTIONING OF ANY OTHER PARTY ATTENDING THE HEARING. 5) IF THE AFFIANT OR OFFICER OF THE PARTY SEEKING FORECLOSURE OR AN OFFICER OF ITS SERVICER HAS BEEN PREVIOUSLY DEPOSED AND HAS TESTIFIED UNDER OATH REGARDING THE ABOVE REQUIRED INFORMATION, THE FILING OF THE TRANSCRIPT OF THAT DEPOSITION WILL SATISFY THE REQUIREMENTS OF THIS POLICY. FAILURE TO FILE AN ATTORNEY AFFIDAVIT OR DO ANY OF THE ALTERNATIVES TO FILING AN ATTORNEY AFFIDAVIT BEFORE THE CASE IS RIPE FOR THE ENTRY OF JUDGMENT WILL RESULT IN DISMISSAL OF THE CASE. NOTICE ISSUED
  35. MAGISTRATE JIM L JACKSON ASSIGNED (MANUALLY)
  36. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. A PARTY SEEKING A DEFAULT JUDGMENT MUST FILE A MOTION FOR DEFAULT JUDGMENT. ONCE A CASE IS SET FOR DEFAULT JUDGMENT, THE MOTION FOR DEFAULT JUDGMENT MAY BE WITHDRAWN ONLY BY SEPARATE MOTION WITH GOOD CAUSE SHOWN. NOTICE ISSUED
  37. SUMS COMPLAINT(50712402) SENT BY CERTIFIED MAIL. TO: J OLIVE MANNER LLC 17130 VAN BUREN BOULEVARD., #372 RIVERSIDE, CA 92504
  38. SUMS COMPLAINT(50712401) SENT BY CERTIFIED MAIL. TO: J OLIVE MANNER LLC 62 WEST GLENDALE ST BEDFORD, OH 44146-0000
  39. SUMS COMPLAINT(50714706) SENT BY SPECIAL PROCESS SERVER. TO: J OLIVE MANNER LLC 62 WEST GLENDALE STREET BEDFORD, OH 44146-0000
  40. SUMS COMPLAINT(50714705) SENT BY SPECIAL PROCESS SERVER. TO: J OLIVE MANNER LLC 17130 VAN BUREN BOULEVARD., #372 RIVERSIDE, CA 92504
  41. SUMMONS E-FILE COPY COST
  42. WRIT FEE
  43. WRIT FEE
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. WRIT FEE
  48. WRIT FEE
  49. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE PROCESS SERVICE
  50. JUDGE DANIEL GAUL ASSIGNED (RANDOM)
  51. SPECIAL PROJECTS FUND FEE
  52. LEGAL RESEARCH
  53. LEGAL NEWS
  54. LEGAL AID
  55. COMPUTER FEE
  56. CLERK'S FEE
  57. DEPOSIT AMOUNT PAID MELISSA J WHALEN
  58. DEPOSIT AMOUNT PAID MELISSA J WHALEN

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