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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-05-11
Status INACTIVE
Type Tort M.v. Accident
Docket 74 entries

Parties

Plaintiff Christina Dowdell|Spencer Dowdell|Mason Dowdell
Defendant Sevana Krizan|Allstate Insurance Company
Photo of Hon. DANIEL GAUL

Judge

Hon. DANIEL GAUL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT
  2. OURT COST ASSESSED ALLSTATE INSURANCE COMPANY BILL AMOUNT 395.42 PAID AMOUNT 325 AMOUNT DUE 70.42
  3. UDGMENT ENTRY(55400724) SENT BY EMAIL. TO: ALEXANDER B REICH [email protected]
  4. UDGMENT ENTRY(55400723) SENT BY EMAIL. TO: ALEXANDER B REICH [email protected]
  5. UDGMENT ENTRY(55400722) SENT BY EMAIL. TO: JEANETTE D. POTTS [email protected]
  6. UDGMENT ENTRY(55400721) SENT BY EMAIL. TO: MICHAEL EDWARD LYFORD [email protected]
  7. UDGMENT ENTRY(55400720) SENT BY EMAIL. TO: MICHAEL EDWARD LYFORD [email protected]
  8. UDGMENT ENTRY(55400719) SENT BY EMAIL. TO: DANIEL SCOTT KALISH [email protected]
  9. UDGMENT ENTRY(55400718) SENT BY EMAIL. TO: DANIEL SCOTT KALISH [email protected]
  10. TIPULATED DISMISSAL ENTRY FILED 11/21/2024. UPON BEING DULY ADVISED BY COUNSEL FOR THE RESPECTIVE PARTIES THAT THE ABOVE-ENTITLED CASE HAS BEEN SETTLED, THE COURT FINDS THAT THE COMPLAINT OF THE PLAINTIFFS AS WELL AS THE CROSS-CLAIM OF DEFENDANT, ALLSTATE INSURANCE COMPANY, SHOULD BE AND ARE HEREBY DISMISSED, WITH PREJUDICE, WITH COSTS TO BE PAID BY DEFENDANT SEVANA KRIZAN. PLAINTIFFS PREVIOUSLY VOLUNTARILY DISMISSED THEIR CLAIMS AGAINST ALLSTATE INSURANCE COMPANY. THE COURT RETAINS JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT REACHED BETWEEN THE PARTIES. COURT COST ASSESSED AS DIRECTED. 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
  11. TIPULATION FILED BY D1 SEVANA KRIZAN ATTORNEY MICHAEL EDWARD LYFORD 0079235 STIPULATED DISMISSAL ENTRY
  12. UDGMENT ENTRY(54922818) SENT BY EMAIL. TO: JEANETTE D. POTTS [email protected]
  13. UDGMENT ENTRY(54922817) SENT BY EMAIL. TO: ALEXANDER B REICH [email protected]
  14. UDGMENT ENTRY(54922816) SENT BY EMAIL. TO: ALEXANDER B REICH [email protected]
  15. UDGMENT ENTRY(54922815) SENT BY EMAIL. TO: MICHAEL EDWARD LYFORD [email protected]
  16. UDGMENT ENTRY(54922814) SENT BY EMAIL. TO: MICHAEL EDWARD LYFORD [email protected]
  17. UDGMENT ENTRY(54922813) SENT BY EMAIL. TO: DANIEL SCOTT KALISH [email protected]
  18. UDGMENT ENTRY(54922812) SENT BY EMAIL. TO: DANIEL SCOTT KALISH [email protected]
  19. S THIS CASE HAS BEEN SUCCESSFULLY MEDIATED, THIS CASE IS HEREBY REMOVED FROM THE COURT'S ACTIVE DOCKET. THE COURT RETAINS JURISDICTION OVER THIS MATTER UNTIL A FINAL NOTICE OF DISMISSAL HAS BEEN RECEIVED. COURT COST ASSESSED AS DIRECTED. 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
  20. EDIATION HEARING HELD. THE PARTIES IN THE CAPTIONED CASE HAVE REACHED A SETTLEMENT AND AGREE TO SUBMIT THE DISMISSAL ENTRY WITHIN 30 DAYS OF THE DATE OF THIS ORDER. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  21. HE COURT HAS CONSIDERED DEFENDANT'S MOTION TO JOIN INVOLUNTARY PLAINTIFF, OHIO DEPARTMENT MEDICAID, FILED 02/12/2024, AND THE RESPONSIVE BRIEFS SUBMITTED 2/26/24 AND 3/5/24. THE MOTION IS WELL-TAKEN AND GRANTED PURSUANT TO OHIO CIVIL RULE 19. OHIO DEPARTMENT OF MEDICAID IS JOINED AS AN INVOLUNTARY PLAINTIFF. SAID INVOLUNTARY PLAINTIFF MUST PLEAD ANY CLAIMS FOR SUBROGATION OR REIMBURSEMENT AFTER SERVICE OF THIS ORDER AND THE COMPLAINT IN THIS MATTER. MOVANT IS ORDERED TO FILE A PRAECIPE ORDERING THE CLERK OF COURTS TO SERVE SUMMONS, A COPY OF THE COMPLAINT, AND A COPY OF THIS ORDER UPON THE DEPARTMENT OF MEDICAID. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  22. EDIATION SET FOR 09/11/2024 AT 09:00 AM. (Notice Sent).
  23. MC BY PHONE SET FOR 10/08/2024 AT 10:30 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  24. APTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO BE SET IN AUGUST/SEPTEMBER 2024. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  25. OTION FILED FOR D1 SEVANA KRIZAN MICHAEL EDWARD LYFORD 0079235 LEAVE TO FILE REPLY BRIEF INSTANTER IN SUPPORT OF MOTION TO JOIN, FILED 03/05/2024, IS GRANTED. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  26. OTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE REGARDING MEDICAID BENEFITS, FILED 03/08/2024, IS DENIED. THIS MATTER IS BEFORE THE COURT ON PLAINTIFFS' MOTION IN LIMINE REGARDING MEDICAID BENEFITS, DEFENDANT'S OPPOSITION BRIEF, AND PLAINTIFF'S REPLY BRIEF. PLAINTIFF SEEKS TO EXCLUDE FROM TRIAL ANY EVIDENCE OF WRITE-OFFS INVOLVING MEDICAID PAYMENTS, ARGUING THAT MEDICAID SHOULD NOT BE SUSCEPTIBLE TO THE HOLDING OF THE SUPREME COURT OF OHIO IN ROBINSON V. BATES, 2006-OHIO-6362. "ANY DIFFERENCE BETWEEN THE ORIGINAL AMOUNT OF A MEDICAL BILL AND THE AMOUNT ACCEPTED AS THE BILL'S FULL PAYMENT IS NOT A 'BENEFIT' UNDER THE COLLATERAL-SOURCE RULE BECAUSE IT IS NOT A PAYMENT, BUT BOTH THE ORIGINAL BILL AND THE AMOUNT ACCEPTED ARE EVIDENCE RELEVANT TO THE REASONABLE VALUE OF MEDICAL EXPENSES." ROBINSON AT 18. THIS COURT AGREES WITH THE ANALYSIS OFFERED BY THE STARK COUNTY COURT OF COMMON PLEAS: "THE SUPREME COURT DID NOT CARVE OUT AN EXCEPTION FOR BILLS WHICH ARE PAID BY MEDICARE OR MEDICAID. THE FACT THAT THESE ENTITIES HAVE NEGOTIATED LOWER PAYMENT TERMS WITH MEDICAL PROVIDERS MAY BE AN ARGUMENT AS TO THE WEIGHT THAT SHOULD BE AFFORDED THE EVIDENCE, BUT IT IS NOT REASON FOR EXCLUSION." GEIER V. LAPIKAS, 2022 OHIO MISC. LEXIS 2982, *2 (STARK C.P.). PLAINTIFFS' MOTION IN LIMINE REGARDING MEDICAID BENEFITS IS THEREFORE DENIED. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  27. MC BY PHONE SET FOR 06/18/2024 AT 10:30 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  28. RIEF IN OPPOSITION FILED BY D1 SEVANA KRIZAN MICHAEL EDWARD LYFORD 0079235 TO PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE WRITE-OFF AMOUNTS
  29. OTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE REGARDING MEDICAID BENEFITS 05/31/2024 - DENIED
  30. EPLY BRIEF FILED BY D1 SEVANA KRIZAN MICHAEL EDWARD LYFORD 0079235 INSTANTER IN SUPPORT OF MOTION TO JOIN
  31. OTION FILED FOR D1 SEVANA KRIZAN MICHAEL EDWARD LYFORD 0079235 LEAVE TO FILE REPLY BRIEF INSTANTER IN SUPPORT OF MOTION TO JOIN 05/31/2024 - GRANTED
  32. RIEF IN OPPOSITION FILED BY PLAINTIFF(S) CHRISTINA DOWDELL(P1), SPENCER DOWDELL(P2) and MASON DOWDELL(P3) ALEXANDER B REICH 0084869 PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO JOIN INVOLUNTARY PLAINTIFF OHDJFS AND MOTION TO STRIKE EXHIBITS
  33. OTION FILED FOR D1 SEVANA KRIZAN MICHAEL EDWARD LYFORD 0079235 DEFENDANT, SEVANA KRIZAN'S MOTION TO JOIN INVOLUNTARY PLAINTIFF, OHIO DEPARTMENT OF JOB AND FAMILY SERVICES 08/22/2024 - GRANTED
  34. MC BY PHONE SET FOR 05/14/2024 AT 10:30 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  35. MC BY PHONE SCHEDULED FOR 02/06/2024 AT 10:00 AM IS CANCELLED.
  36. URUSANT TO THE AGREEMENT OF THE PARTIES, A BREIFING SCHEDULE IS HEREBY SET REGARDING THE ISSUE OF THE APPLICATION OF ROBINSON V. BATES TO MEDICAL BILLS PAID BY MEDICAID. PLAINTIFF'S MOTION DUE 3/8/2024. DEFENDANT'S OPPOSITION BRIEF DUE 4/5/2024. IT IS SO ORDERED. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  37. EDIATION HEARING CANCELLED AT THE PARTIES REQUEST. CASE IS RETURNED TO THE JUDGE'S DOCKET FOR FURTHER PROCEEDINGS. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  38. EDIATION SCHEDULED FOR 02/02/2024 AT 09:00 AM IS CANCELLED.
  39. EDIATION SET FOR 02/02/2024 AT 09:00 AM. (Notice Sent).
  40. OTICE FILED BY PLAINTIFF(S) CHRISTINA DOWDELL(P1), SPENCER DOWDELL(P2) and MASON DOWDELL(P3) ATTORNEY DANIEL SCOTT KALISH 0063002 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITH RESPECT TO DEFENDANT ALLSTATE INS. CO., ONLY
  41. APTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO BE SCHEDULED BETWEEN 1/2/2024 AND 2/29/2024. NOTICE ISSUED
  42. MC BY PHONE SET FOR 02/06/2024 AT 10:00 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. DISCOVERY CUTOFF: 11/30/2023 NOTICE ISSUED
  43. 1 SEVANA KRIZAN'S MOTION FOR CONTINUANCE MICHAEL EDWARD LYFORD 0079235. ^F^ OF AUGUST 8, 2023 CASE MANAGEMENT CONFERENCE, FILED 07/20/2023, IS GRANTED. CASE MGMNT CONFERENCE SET FOR 08/24/2023 AT 10:00 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. NOTICE ISSUED
  44. MC BY PHONE SCHEDULED FOR 08/08/2023 AT 10:30 AM IS CANCELLED.
  45. 1 SEVANA KRIZAN'S MOTION FOR CONTINUANCE MICHAEL EDWARD LYFORD 0079235. ^F^ OF AUGUST 8, 2023 CASE MANAGEMENT CONFERENCE 07/31/2023 - GRANTED
  46. ENERAL PLEADING FILED BY D1 SEVANA KRIZAN ATTORNEY MICHAEL EDWARD LYFORD 0079235 DEFENDANT'S INITIAL DISCLOSURES
  47. NSWER FILED BY D1 SEVANA KRIZAN ATTORNEY MICHAEL EDWARD LYFORD 0079235 DEFENDANT TO CO-DEFENDANT'S CROSS-CLAIM
  48. NSWER FILED BY D1 SEVANA KRIZAN ATTORNEY MICHAEL EDWARD LYFORD 0079235 DEFENDANT TO PLAINTIFFS' COMPLAINT
  49. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR DOWDELL/MASON/ 07/13/2023 17:01:45
  50. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR DOWDELL/SPENCER/ 07/13/2023 17:01:45
  51. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR LYFORD/MICHAEL/EDWARD 07/13/2023 17:01:45
  52. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR POTTS/JEANETTE/D. 07/13/2023 17:01:45
  53. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR KALISH/DANIEL/SCOTT 07/13/2023 17:01:45
  54. MC BY PHONE SET FOR 08/08/2023 AT 10:30 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS.
  55. TIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD
  56. EPOSIT AMOUNT PAID JEANETTE D. POTTS
  57. NSWER AND CROSSCLAIM $75 ANSWER AND CROSSCLAIM OFDEFENDANT ALLSTATE INSURANCE COMPANY
  58. NTERROGATORIES (PHOTOS ATTACHED)
  59. SPS RECEIPT NO. 50603786 DELIVERED BY USPS 05/15/2023 ALLSTATE INSURANCE COMPANY PROCESSED BY COC 05/24/2023.
  60. SPS RECEIPT NO. 50603785 DELIVERED BY USPS 05/15/2023 KRIZAN/SEVANA/ PROCESSED BY COC 05/24/2023.
  61. UMS COMPLAINT(50603786) SENT BY CERTIFIED MAIL. TO: ALLSTATE INSURANCE COMPANY 75 EXECUTIVE PARKWAY HUDSON, OH 44237
  62. UMS COMPLAINT(50603785) SENT BY CERTIFIED MAIL. TO: SEVANA KRIZAN 9805 MEMPHIS RD. APT. 9 BROOKLYN, OH 44144
  63. UMMONS E-FILE COPY COST
  64. RIT FEE
  65. RIT FEE
  66. UMMONS E-FILE COPY COST
  67. UDGE DANIEL GAUL ASSIGNED (RANDOM)
  68. EGAL RESEARCH
  69. EGAL NEWS
  70. EGAL AID
  71. OURT SPECIAL PROJECTS FUND
  72. OMPUTER FEE
  73. LERK'S FEE
  74. EPOSIT AMOUNT PAID SCOTT KALISH CO LLC

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