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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-10-03
Status INACTIVE
Type Commercial Docket
Docket 69 entries

Parties

Plaintiff Green Alpine Llc
Defendant The Sauce Gahanna, Llc Dba The Sauce Bioling Seafood Express|Kyler James Smith
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. COMPLAINT FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).
  2. MOTION TO DISMISS JUDGMENT DEBTOR EXAM MOTION ALYSON C TANENBAUM (0079774) 04/17/2024 - GRANTED
  3. CASE CALLED FOR DEBTOR'S EXAMINATION ON 04/03/2024. SERVICE NOT PERFECTED UPON DEBTOR. THE DEBTOR'S EXAMINATION REQUEST IS HEREBY MARKED AS DISMISSED. THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  4. CASE CALLED FOR DEBTOR'S EXAMINATION ON 04/03/2024. SERVICE NOT PERFECTED UPON DEBTOR. THE DEBTOR'S EXAMINATION REQUEST IS HEREBY MARKED AS DISMISSED. THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  5. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $58.00
  6. 03/22/2024 53012830 THE WITHIN NAMED THE SAUCE GAHANNA, LLC 03/21/2024 SHERIFF DEPUTY SERV. FAILURE OF SERVICE..
  7. MEDINA COUNTY SHERIFF DEPT SERVICE FEE $51.00
  8. 02/27/2024 53013154 THE WITHIN NAMED SMITH/KYLER/JAMES 02/12/2024 SHERIFF DEPUTY SERV.FAILURE OF SERVICE.. OUT OF COUNTY SHERIFF: MEDINA COUNTY
  9. SHERIFF SERVICE PACKET KYLER JAMES SMITH AS REPRESENTATIVE OF THE SAUCE GAHANNA, LLC C/O HIGHLAND PARK SERVICE CORP 28601 CHAGRIN BLVD CLEVELAND, OH 44122
  10. MOTION(53013154) SENT BY FOREIGN SHERIFF SERVICE. TO: KYLER JAMES SMITH 4153 MAGNOLIA DR BRUNSWICK, OH 44212-0000
  11. INSTRUCTION FOR SERVICE ON THE MOTION SERVED BY MEDINA COUNTY SHERIFF SERVICE TO KYLER JAMES SMITH FILED.
  12. ORDER IN AID OF EXECUTION/ORDER FOR DEBTOR'S EXAM (ORDER ISSUED) KYLER JAMES SMITH IS ORDERED TO APPEAR AT HEARING SET 04/03/2024 AT 01:30 PM. ALYSON C TANENBAUM (0079774)
  13. DEPOSIT AMOUNT PAID DANA & PARISER CO L P A
  14. MOTION(53012830) SENT BY CUYAHOGA SHERIFF SERVICE. TO: THE SAUCE GAHANNA, LLC C/O HIGHLAND PARK SERVICE CORP 28601 CHAGRIN BLVD CLEVELAND, OH 44122-0000
  15. INSTRUCTION FOR SERVICE ON THE MOTION SERVED BY SHERIFF SERVICE TO THE SAUCE GAHANNA, LLC FILED.
  16. ORDER IN AID OF EXECUTION/ORDER FOR DEBTOR'S EXAM (ORDER ISSUED) THE SAUCE GAHANNA, LLC IS ORDERED TO APPEAR AT HEARING SET 04/03/2024 AT 01:30 PM. ALYSON C TANENBAUM (0079774)
  17. DEPOSIT AMOUNT PAID DANA & PARISER CO L P A
  18. REGULAR MAIL SERVICE RECEIPT NO. 51817406 RETURNED 09/25/2023 FAILURE OF SERVICE ON DEFENDANT SMITH/KYLER/JAMES NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  19. USPS RECEIPT NO. 51817392 DELIVERED BY USPS 09/14/2023 THE SAUCE BOILING SEAFOOD EXPRESS PROCESSED BY COC 09/20/2023.
  20. ORDINARY MAIL(51817406) SENT BY REGULAR MAIL SERVICE. TO: KYLER JAMES SMITH 4153 MAGNOLIA DR BRUNSWICK, OH 44212-0000
  21. CERTIFIED MAILER(51817392) SENT BY CERTIFIED MAIL. TO: THE SAUCE BOILING SEAFOOD EXPRESS C/O HIGHLAND PARK SERVICE CORP SUITE 600 28601 CHAGRIN BLVD CLEVELAND, OH 44122-0000
  22. AFFIDAVIT, ORDER AND NOTICE OF GARNISHMENT FILED. ORDER OF GARNISHMENT SENT TO GARNISHEE & NOTICE SENT TO DEBTOR. IF A HEARING IS REQUESTED, NOTICE OF HEARING DATE WILL BE SENT.
  23. GARNISHMENT CASE NUMBER GR23 023753
  24. GARNISHMENT OTHER THAN WAGE SUBMITTED $80.00
  25. DEPOSIT AMOUNT PAID DANA & PARISER CO L P A
  26. COURT COST ASSESSED KYLER JAMES SMITH BILL AMOUNT 133.7 PAID AMOUNT 125 AMOUNT DUE 8.7
  27. COURT COST ASSESSED THE SAUCE GAHANNA, LLC BILL AMOUNT 133.7 PAID AMOUNT 125 AMOUNT DUE 8.7
  28. JUDGMENT ENTRY(50962667) SENT BY EMAIL. TO: KATHRYN E MELONI [email protected]
  29. JUDGMENT ENTRY(50962666) SENT BY EMAIL. TO: KATHRYN E MELONI [email protected]
  30. JUDGMENT ENTRY(50962665) SENT BY EMAIL. TO: ALYSON C TANENBAUM [email protected]
  31. JUDGMENT ENTRY(50962664) SENT BY EMAIL. TO: ALYSON C TANENBAUM [email protected]
  32. JUDGMENT ENTRY(50962663) SENT BY EMAIL. TO: RONALD P FRIEDBERG [email protected]
  33. JUDGMENT ENTRY(50962662) SENT BY EMAIL. TO: RONALD P FRIEDBERG [email protected]
  34. 06/26/2023: THE MOTION OF GREEN ALPINE LLC (FILED 05/17/2023) FOR SUMMARY JUDGMENT IS UNOPPOSED AND GRANTED AS THERE IS NO GENUINE ISSUE OF MATERIAL FACT AND, AFTER CONSTRUING THE UNDISPUTED EVIDENCE IN A LIGHT MOST FAVORABLE TO THE NON-MOVING PARTIES, REASONABLE MINDS CAN COME ONLY TO THE CONCLUSION THAT PLAINTIFF GREEN ALPINE LLC IS ENTITLED TO JUDGMENT IN ITS FAVOR AS A MATTER OF LAW. JUDGMENT IS GRANTED IN FAVOR OF THE PLAINTIFF AND AGAINST DEFENDANTS, THE SAUCE GAHANNA, LLC D/B/A THE SAUCE BOILING SEAFOOD EXPRESS AND KYLER JAMES SMITH, JOINTLY AND SEVERALLY, IN THE AMOUNT OF $27,704.78. DEFENDANTS TO PAY INTEREST AT THE PARTIES' CONTRACT RATE OF 15.000% PER ANNUM FROM THE DATE OF BREACH, APRIL 7,2022. DEFENDANTS TO PAY PLAINTIFF'S REASONABLE ATTORNEY FEES, WHICH ARE A CONTINGENCY FEE OF 33-1/3% OF THE BALANCE OWED WHICH IS $9,234.00. DEFENDANTS TO PAY COURT COSTS. FINAL. COURT COST ASSESSED TO THE DEFENDANT(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
  35. MOTION FOR SUMMARY JUDGMENT 06/26/2023 - GRANTED
  36. MEDIATION SET FOR 06/23/2023 AT 11:00 AM. (Notice Sent).
  37. 03/23/2023: 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 06/01/2023 AND 06/30/2023 WITH ROBERT MCCLELLAND. 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 07/15/2023; BRIEFS IN OPPOSITION AND REPLIES TO BE FILED PURSUANT TO THE CIVIL RULES. BENCH TRIAL SET FOR 10/19/2023 AT 10:00 AM. TRIAL BRIEFS, WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 09/28/2023. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  38. PRETRIAL PREVIOUSLY SCHEDULED FOR 03/08/2023 AT 10:30 AM IS RESCHEDULED FOR 03/23/2023 AT 10:30 AM (Notice Sent).
  39. PRETRIAL SCHEDULED FOR 03/08/2023 AT 10:30 AM IS CANCELLED. ATTORNEY: ALYSON C TANENBAUM (0079774) REASON: PARTIES DISCUSSING SETTLEMENT OPTIONS. (notice sent).
  40. 02/09/2023: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. TENANT HAS VACATED THE SPACE, AND THE PARTIES WILL DISCUSS SETTLEMENT OF THE MONETARY CLAIMS BEFORE THE NEXT PRE-TRIAL. PRETRIAL SET FOR 03/08/2023 AT 10:30 AM. THE PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  41. NOTICE OF SERVICE
  42. 12/14/2022: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED. THE PARTIES WILL BEGIN INTIAL DISCOVERY, AS APPROPRIATE, AND BE PREPARED TO SET A FULL CASE SCHEDULE AT THE NEXT PRE-TRIAL. TELEPHONE CONFERENCE SET FOR 02/08/2023 AT 10:30 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 JANET R BURNSIDE. NOTICE ISSUED
  43. NOTICE FILED BY DEFENDANT(S) THE SAUCE GAHANNA, LLC(D1) and KYLER JAMES SMITH(D2) ATTORNEY KATHRYN E MELONI 0101325 NOTICE OF SERVICE OF DEFENDANTS' INITIAL DISCLOSURES
  44. CERTIFIED MAIL RECEIPT NO. 49135935 RETURNED 11/28/2022 FAILURE OF SERVICE ON DEFENDANT SMITH/KYLER/JAMES - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  45. CERTIFIED MAIL RECEIPT NO. 49135935 RETURNED 11/28/2022 FAILURE OF SERVICE ON DEFENDANT SMITH/KYLER/JAMES - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  46. SUMS COMPLAINT(49135935) SENT BY CERTIFIED MAIL. TO: KYLER JAMES SMITH 4153 MAGNOLIA DR BRUNSWICK, OH 44212-0000
  47. SUMMONS E-FILE COPY COST
  48. WRIT FEE
  49. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE ORDINARY MAIL AND COMPLAINT INCLUDED
  50. PRETRIAL CONFERENCE SET FOR 12/14/2022 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. 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. 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 JANET R BURNSIDE. NOTICE ISSUED
  51. CERTIFIED MAIL RECEIPT NO. 48742994 RETURNED 10/22/2022 FAILURE OF SERVICE ON DEFENDANT SMITH/KYLER/JAMES - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  52. JUDGE HOLLIE L GALLAGHER (352) REMOVED - TRANSF'D TO COMMERCIAL DOCKET. CASE REASSIGNED TO MICHAEL J RUSSO (341) (RANDOM). NOTICE ISSUED
  53. PURSUANT TO SUP.R 49.07(C), THIS MATTER IS REFERRED TO ADMINISTRATIVE JUDGE FOR REASSIGNMENT TO THE COMMERCIAL DOCKET. NOTICE ISSUED
  54. ANSWER FILED BY DEFENDANT(S) THE SAUCE GAHANNA, LLC(D1) and KYLER JAMES SMITH(D2) ATTORNEY RONALD P FRIEDBERG 0055304 DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
  55. CERTIFIED MAIL RECEIPT NO. 48742994 RETURNED 10/22/2022 FAILURE OF SERVICE ON DEFENDANT SMITH/KYLER/JAMES - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  56. USPS RECEIPT NO. 48742993 DELIVERED BY USPS 10/07/2022 THE SAUCE GAHANNA, LLC PROCESSED BY COC 10/12/2022.
  57. SUMS COMPLAINT(48742994) SENT BY CERTIFIED MAIL. TO: KYLER JAMES SMITH 4153 MAGNOLIA DR BRUNSWICK, OH 44212-0000
  58. SUMS COMPLAINT(48742993) SENT BY CERTIFIED MAIL. TO: THE SAUCE GAHANNA, LLC C/O HIGHLAND PARK SERVICE CORP 28601 CHAGRIN BLVD CLEVELAND, OH 44122-0000
  59. WRIT FEE
  60. WRIT FEE
  61. JUDGE HOLLIE L GALLAGHER ASSIGNED (RANDOM)
  62. LEGAL RESEARCH
  63. LEGAL NEWS
  64. LEGAL AID
  65. COURT SPECIAL PROJECTS FUND
  66. COMPUTER FEE
  67. CLERK'S FEE
  68. DEPOSIT AMOUNT PAID DANA & PARISER CO L P A
  69. CASE FILED

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