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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-25
Status INACTIVE
Type Replevin
Docket 102 entries

Parties

Plaintiff Brian Tomcany
Defendant Cleveland Institute Of Music|Ohio Attorney General|Teresa Carlin
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. COMPLAINT FOR REPLEVIN, UNJUST ENRICHMENT AND CONVERSION FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).
  2. PLAINTIFF'S MOTION TO SET STATUS CONFERENCE OR , IN THE ALTERNATIVE, A HEARING TO DETERMINE AMOUNT PUNITIVE DAMAGES & ATTORNEY FEES AWARDED TO PLAINTIFF JEFFREY W KRUEGER (0030093)
  3. REFUND BALANCE OF CASE COST DEPOSIT TO VOLPINI LAW, LLC
  4. Appeal is dismissed pursuant to Motion No. 581465. Notice issued.
  5. REGULAR MAIL SERVICE RECEIPT NO. 55713065 RETURNED 01/22/2025 FAILURE OF SERVICE ON DEFENDANT VOLPINI/LAURA/L NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  6. APPELLANT'S 9114696 RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE CERTIFIED COPY OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 114696.
  7. APPEAL, PRCPE, & DCKTNG STMNT(55713066) SENT BY REGULAR MAIL SERVICE. TO: BRIAN TOMCANY 34774 N. LEGENDS WAY GRAFTON, OH 44044-0000
  8. APPEAL, PRCPE, & DCKTNG STMNT(55713065) SENT BY REGULAR MAIL SERVICE. TO: LAURA L VOLPINI 955 WEST ST CLAIRE AVENUE CRITTENDEN COURT, SUITE 215 CLEVELAND, OH 44113-0000
  9. APPEAL, PRCPE, & DCKTNG STMNT(55713064) SENT BY REGULAR MAIL SERVICE. TO: CLEVELAND INSTITUTE OF MUSIC 11021 EAST BOULEVARD CLEVELAND, OH 44106-0000
  10. APPEAL, PRCPE, & DCKTNG STMNT(55713063) SENT BY REGULAR MAIL SERVICE. TO: OHIO ATTORNEY GENERAL RHODES STATE OFFICE TOWER 30 E BROAD ST 14TH FLOOR COLUMBUS, OH 43215-0000
  11. APPEAL, PRCPE, & DCKTNG STMNT(55713062) SENT BY REGULAR MAIL SERVICE. TO: TODD K DEBOE 150 EAST GAY ST 23RD FLOOR COLUMBUS, OH 43215-0000
  12. -------------------- NOTICE OF APPEAL -------------------- CA NO. 114696 NOTICE OF APPEAL FILED BY THE DEFT. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  13. NOTICE OF APPEAL FILED
  14. D1 TERESA CARLIN MOTION FOR RECONSIDERATION, FILED WILLIAM A CARLIN 0009144
  15. NOTICE OF SUBSTITUTION OF COUNSEL FILED
  16. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO STAY EXECUTION OF JUDGMENT AND SET SUPERSEDEAS BOND MOTION JEFFREY W KRUEGER (0030093)
  17. PLAINTIFF'S MOTION TO SET HEARING TO DETERMINE AWARD OF PUNTIVE DAMAGES AND ATTORNEY FEES MOTION JEFFREY W KRUEGER (0030093)
  18. DEFENDANT'S MOTION TO STAY EXECUTION OF JUDGMENT & SET SUPERSEDEAS BOND WILLIAM A CARLIN (0009144)
  19. JUDGMENT ENTRY(55480344) SENT BY REGULAR MAIL SERVICE. TO: CLEVELAND INSTITUTE OF MUSIC 11021 EAST BOULEVARD CLEVELAND, OH 44106-0000
  20. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLAINTIFF'S MSJ IS DEEMED TIMELY FILED. DEFENDANT'S MOTION TO FILE COUNTERCLAIMANT'S REPLY BRIEF INSTANTER IS GRANTED. DEFENDANT'S REPLY BRIEF IS DEEMED TIMELY FILED. NOTICE ISSUED
  21. DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S RESPONSE TO COUNTERCLAIMANT'S MOTION FOR SUMMARY JUDGEMENT IS DENIED. NOTICE ISSUED
  22. JUDGMENT ENTRY(55480343) SENT BY EMAIL. TO: LAURA L VOLPINI [email protected]
  23. JUDGMENT ENTRY(55480342) SENT BY EMAIL. TO: LAURA L VOLPINI [email protected]
  24. JUDGMENT ENTRY(55480341) SENT BY EMAIL. TO: TODD K DEBOE [email protected]
  25. JUDGMENT ENTRY(55480340) SENT BY EMAIL. TO: WILLIAM A CARLIN [email protected]
  26. THE COURT HAS CONSIDERED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO HER COMPLAINT AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT'S COUNTERCLAIM, THE EVIDENCE SUBMITTED AND THE BRIEFING THAT FOLLOWED. THE COURT FINDS PLAINTIFF'S MOTION TO BE WELL-TAKEN AND, THEREFORE, GRANTED. THE COURT HEREBY ENTERS JUDGMENT IN PLAINTIFF'S FAVOR IN THE AMOUNT OF $18,723.33 AS COMPENSATORY DAMAGES ON PLAINTIFF'S CONVERSION CLAIM RELATED TO THE RECOVERY OF POSSESSION OF THE PROPERTY. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED AND PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM IS GRANTED. 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. NOTICE ISSUED
  27. TRIAL SCHEDULED FOR 04/22/2024 AT 09:00 AM IS CANCELLED.
  28. PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED. WILLIAM A CARLIN (0009144)
  29. D1 TERESA CARLIN MOTION OPPOSING PLAINTIFF'S MOTION FOR EXTENSION OF TIME INSTANTER FILED WILLIAM A CARLIN 0009144
  30. P1 BRIAN TOMCANY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED LAURA L VOLPINI 0075505
  31. P1 BRIAN TOMCANY PLAINTIFF'S MOTION FOR EXTENSION OF TIME INSTANTER FILED LAURA L VOLPINI 0075505
  32. BRIEF IN OPPOSITION FILED BY PLAINTIFF'S BREIF IN OPPOSITION TO DEFENDANT'S MOTION TO FILE COUNTERCLAIMANT'S REPLY BRIEF INSTANTER LAURA L VOLPINI (0075505)
  33. PLAINTIFF'S BREIF IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT LAURA L VOLPINI (0075505)
  34. PLAINTIFF'S NOTICE OF FILING A CERTIFIED COPY OF THE RETURN SERVICE BY THE SHERIFF'S DEPARTMENT
  35. PLAINTIFF'S MOTION TO SUPPLEMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT & BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT LAURA L VOLPINI (0075505)
  36. COUNTERCLAIMANT'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, FILED
  37. D1 TERESA CARLIN MOTION TO STRIKE PLAINTIFF'S RESPONSE TO COUNTERCLAIMANT'S MOTION FOR SUMMARY JUDGEMENT, FILED WILLIAM A CARLIN 0009144
  38. D1 TERESA CARLIN MOTION TO FILE COUNTERCLAIMANT'S REPLY BRIEF INSTANTER, FILED WILLIAM A CARLIN 0009144
  39. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. LAURA L VOLPINI (0075505)
  40. CERTIFIED MAIL NUMBER 51499865 ADDRESSED TO CLEVELAND INSTITUTE OF MUSIC(TD1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO DEFENDANT(S) ATTORNEY.
  41. JUDGMENT ENTRY(52171578) SENT BY REGULAR MAIL SERVICE. TO: CLEVELAND INSTITUTE OF MUSIC 11021 EAST BOULEVARD CLEVELAND, OH 44106-0000
  42. JUDGMENT ENTRY(52171577) SENT BY EMAIL. TO: TODD K DEBOE [email protected]
  43. JUDGMENT ENTRY(52171576) SENT BY EMAIL. TO: LAURA L VOLPINI [email protected]
  44. JUDGMENT ENTRY(52171575) SENT BY EMAIL. TO: LAURA L VOLPINI [email protected]
  45. JUDGMENT ENTRY(52171574) SENT BY EMAIL. TO: WILLIAM A CARLIN [email protected]
  46. ORDER OF POSSESSION OF PROPERTY. O.S.J. NOTICE ISSUED
  47. NOTICE OF DISMISSAL
  48. DEFENDANT AND COUNTERCLAIMANTS MOTION FOR SUMMARY JUDGMENT MOTION WILLIAM A CARLIN (0009144)
  49. TELEPHONE CONFERENCE HELD ON 10/17/2023. PLAINTIFF APPEARED THROUGH COUNSEL, LAURA VOLPINI. DEFENDANT TERESA CARLIN APPEARED THROUGH COUNSEL, WILLIAM CARLIN. THIRD-PARTY DEFENDANT CLEVELAND INSTITUTE OF MUSIC APPEARED THROUGH COUNSEL, FRANKLIN MALEMUD. THIRD-PARTY DEFENDANT OHIO ATTORNEY GENERAL APPEARED THROUGH COUNSEL, TODD DEBOE. PARTIES AGREED TO THE FOLLOWING SCHEDULE: DISCOVERY TO BE COMPLETE BY 12/18/2023. DISPOSITIVE MOTIONS DUE 1/19/2024; BRIEFS IN OPPOSITION DUE 2/20/2024; REPLIES DUE 2/27/2024. FINAL PRETRIAL SET FOR 03/21/2024 AT 02:00 PM. ALL PARTIES WITH SETTLEMENT AUTHORITY TO BE PRESENT. TRIAL SET FOR 04/22/2024 AT 09:00 AM. COURTROOM 16-D, JUDGE WILLIAM T. MCGINTY. TO THE EXTENT POSSIBLE: ANY MOTIONS IN LIMINE ARE DUE 28 DAYS PRIOR TO THE START OF TRIAL; ANY RESPONSE MAY BE SERVED WITHIN 14 DAYS AFTER SERVICE OF THE MOTION. NO LATER THAN 5 DAYS BEFORE THE TRIAL DATE, THE COURT MUST RECEIVE FROM THE PARTIES PROPOSED/AGREED JURY INSTRUCTIONS, JURY INTERROGATORIES, JURY VERDICT FORMS, AND STIPULATIONS. THE PARTIES ARE TO ALSO EXCHANGE PROPOSED EXHIBITS 3 DAYS PRIOR TO TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. OBJECTIONS FOR TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT, ARE TO BE GIVEN TO THE COURT 3 DAYS BEFORE THE DAY OF TRIAL. NOTICE ISSUED
  50. TD2 OHIO ATTORNEY GENERAL OHIO ATTORNEY GENERAL'S ANSWER TO THIRD PARTY COMPLAINT FILED. TODD K DEBOE 0072034
  51. TD2 OHIO ATTORNEY GENERAL OHIO ATTORNEY GENERAL'S MOTION TO FILE ANSWER INSTANTER FILED. TODD K DEBOE 0072034
  52. TELEPHONE CONFERENCE HELD ON 9/14/2023. PLAINTIFF APPEARED THROUGH COUNSEL, LAURA VOLPINI. DEFENDANT TERESA CARLIN APPEARED THROUGH COUNSEL, WILLIAM CARLIN. THIRD-PARTY DEFENDANT CLEVELAND INSTITUTE OF MUSIC APPEARED THROUGH COUNSEL, FRANKLIN MALEMUD. THIRD-PARTY DEFENDANT OHIO ATTORNEY GENERAL APPEARED THROUGH COUNSEL, TODD DEBOE. ANY PENDING MOTIONS ARE STAYED UNTIL THE NEXT TELEPHONE CONFERENCE. CASE CONTINUED TO ALLOW NEW PARTIES TO FILE RESPONSIVE PLEADINGS. TELEPHONE CONFERENCE SET FOR 10/17/2023 AT 02:30 PM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  53. PLAINTIFF/COUNTER-DEFENDANT'S ANSWER TO DEFENDANT/COUNTER-PLAINTIFF'S COUNTERCLAIM . LAURA L VOLPINI (0075505)
  54. PLAINTIFF/COUNTER-DEFENDANT'S MOTION TO STRIKE AND MOTION TO DISMISS THIRD-PARTY COMPLAINT
  55. PLAINTIFF/COUNTER-DEFENDANT'S MOTION FOR LEAVE INSTANTER TO FILE REPLY BRIEF AND REPLY BRIEF IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT
  56. TELEPHONE CONFERENCE SET FOR 09/14/2023 AT 11:30 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  57. SUMS 3RD PTY COMPLNT(51499865) SENT BY CERTIFIED MAIL. TO: CLEVELAND INSTITUTE OF MUSIC 11021 EAST BOULEVARD CLEVELAND, OH 44106-0000
  58. USPS RECEIPT NO. 51431951 DELIVERED BY USPS 08/25/2023 OHIO ATTORNEY GENERAL PROCESSED BY COC 08/30/2023.
  59. WRIT FEE
  60. D1 TERESA CARLIN DEFENDANT AND THIRD-PARTY PLAINTIFF'S RESPONSE TO PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED. WILLIAM A CARLIN 0009144
  61. INSTRUCTION FOR SERVICE ON TD1 CLEVELAND INSTITUTE OF MUSIC BY CERTIFIED MAIL FILED. FILED.
  62. SUMS 3RD PTY COMPLNT(51431951) SENT BY CERTIFIED MAIL. TO: OHIO ATTORNEY GENERAL RHODES STATE OFFICE TOWER 30 E BROAD ST 14TH FLOOR COLUMBUS, OH 43215-0000
  63. WRIT FEE
  64. DEPOSIT AMOUNT PAID
  65. DEFENDANTS ANSWER TO COMPLAINT COUNTERCLAIM AND THIRD PARTY COMPLAINT. DEPOSIT RECEIVED $150 WILLIAM A CARLIN(0009144)
  66. INSTRUCTION FOR SERVICE ON PRAECIPE FOR SERVICE OF DEFENDANT'S ANSWER TO COMPLAINT, COUNTERCLAIM AND THIRD-PARTY COMPLAINT BY CERTIFIED MAIL ON TD2 OHIO ATTORNEY GENERAL FILED.
  67. P1 BRIAN TOMCANY PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT INCLUDING ORDER OF POSSESSION OF PROPERTY, FILED LAURA L VOLPINI 0075505
  68. NOTICE OF APPEARANCE WILLIAM A CARLIN (0009144).
  69. REQUEST FOR HEARING
  70. REPLEVIN HEARING SCHEDULED FOR 07/17/2023 AT 09:00 AM IS CANCELLED.
  71. CASE CALLED FOR HEARING ON PLAINTIFF'S MOTION FOR ORDER OF POSSESSION OF PROPERTY ON 6/28/2023. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT APPEARED THROUGH COUNSEL, WILLIAM CARLIN. MR. CARLIN TO FILE A NOTICE OF APPEARANCE FORTHWITH. DEFENDANT GRANTED THROUGH 8/4/2023 TO RESPOND TO PLAINTIFF'S COMPLAINT AND MOTION FOR POSSESSION OF PERSONAL PROPERTY. THE HEARING IS CONTINUED TO 8/17/2023 AT 11:100 A.M. PLAINTIFF'S MOTION FOR POSSESSION OF PERSONAL PROPERTY IS HELD IN ABEYANCE AT THIS TIME. DEFENDANT IS ORDERED AND AGREED TO KEEP THE PROPERTY IN AN ENVIRONMENTALLY CONTROLLED, HUMID-FREE STORAGE SPACE. DEFENDANT SHALL NOT TRANSFER, DISPOSE, MODIFY, OR HARM THE PROPERTY IN HER POSESSION. FAILURE TO COMPLY MAY RESULT IN JUDGMENT BEING ENTERED AGAINST HER. HEARING SET FOR 08/17/2023 AT 11:00 AM. TO BE HELD BY PHONE. ALL PARTIES TO CONTACT THE COURT AT 216-443-8601 AT THE TIME OF THE HEARING. NOTICE ISSUED
  72. SUMS COMPLAINT(50958586) SENT BY REGULAR MAIL SERVICE. TO: TERESA CARLIN 2026 MURRAY HILL ROAD CLEVELAND, OH 44106-0000 ANSWER DATE: 07/24/2023
  73. WRIT FEE
  74. INSTRUCTION FOR SERVICE ON D1 TERESA CARLIN BY ORDINARY MAIL FILED. FILED.
  75. REPLEVIN HEARING SCHEDULED FOR 07/17/2023 AT 9:00AM.
  76. NOTICE AND REQUEST FOR HEARING (RESERVE)(06232023)
  77. CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $38.00
  78. 50725464 ON 06/21/2023 I SERVED THE WITHIN NAMED CARLIN/TERESA/ BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON.
  79. CERTIFIED MAIL RECEIPT NO. 50724996 RETURNED 6/15/2023 FAILURE OF SERVICE ON DEFENDANT CARLIN/TERESA/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  80. JUDGMENT ENTRY(50789007) SENT BY REGULAR MAIL SERVICE. TO: TERESA CARLIN 2026 MURRAY HILL ROAD CLEVELAND, OH 44106-0000
  81. JUDGMENT ENTRY(50789006) SENT BY EMAIL. TO: LAURA L VOLPINI [email protected]
  82. JUDGMENT ENTRY(50789005) SENT BY EMAIL. TO: LAURA L VOLPINI [email protected]
  83. THE HEARING OF 6/14/2023 IS CONTINUED. HEARING SET FOR 06/28/2023 AT 10:00 AM. TO BE HELD BY TELEPHONE. ALL PARTIES TO CONTACT THE COURT AT 216-443-8601 AT THE TIME OF THE HEARING. THE CLERK OF COURTS IS DIRECTED TO SERVE THIS ORDER UPON THE DEFENDANT. THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES AND THE METHOD OF SERVICE. NOTICE ISSUED
  84. REPLEVIN HEARING SET FOR 06/28/2023 AT 10:00 AM. (Notice Sent).
  85. REPLEVIN HEARING SCHEDULED FOR 06/14/2023 AT 09:00 AM IS CANCELLED.
  86. SUMS COMPLAINT(50724996) SENT BY CERTIFIED MAIL. TO: TERESA CARLIN 2026 MURRAY HILL ROAD CLEVELAND, OH 44106-0000
  87. SUMS COMPLAINT(50725464) SENT BY CUYAHOGA SHERIFF SERVICE. TO: TERESA CARLIN 2026 MURRAY HILL ROAD CLEVELAND, OH 44106-0000
  88. WRIT FEE
  89. WRIT FEE
  90. REPLEVIN HEARING SCHEDULED FOR 06/14/2023 AT 9:00AM.
  91. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  92. LEGAL RESEARCH
  93. LEGAL NEWS
  94. LEGAL AID
  95. COURT SPECIAL PROJECTS FUND
  96. COMPUTER FEE
  97. CLERK'S FEE
  98. DEPOSIT AMOUNT PAID VOLPINI LAW, LLC
  99. CASE FILED
  100. SHERIFF SERVICE PACKET: TERESA CARLIN D/B/A TERRY CARLIN VIOLINS 2026 MURRAY HILL ROAD CLEVELAND, OH 44106
  101. NOTICE AND REQUEST FOR HEARING FILED 05/25/2023 HEARING DATE 06/14/2023 9:00 AM
  102. PLAINTIFF'S MOTION FOR ORDER OF POSSESSION OF PROPERTY (REPLEVIN). 06/28/2023 - HELD IN ABEYANCE

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