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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-07-14
Status INACTIVE
Type Tort M.v. Accident
Docket 57 entries

Parties

Plaintiff Charles Tommer|Abbie Tommer
Defendant Western Express, Inc.|George Powell|Progressive Direct Insurance Company
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: COMPLAINT
  2. OURT COST ASSESSED PROGRESSIVE DIRECT INSURANCE COMPANY BILL AMOUNT 103.76 PAID AMOUNT 83.34 AMOUNT DUE 20.42
  3. OURT COST ASSESSED GEORGE POWELL BILL AMOUNT 103.7 PAID AMOUNT 83.33 AMOUNT DUE 20.37
  4. OURT COST ASSESSED WESTERN EXPRESS, INC. BILL AMOUNT 103.7 PAID AMOUNT 83.33 AMOUNT DUE 20.37
  5. UDGMENT ENTRY(52620701) SENT BY EMAIL. TO: ANDREW S GOLDWASSER [email protected]
  6. UDGMENT ENTRY(52620700) SENT BY EMAIL. TO: ANDREW S GOLDWASSER [email protected]
  7. UDGMENT ENTRY(52620699) SENT BY EMAIL. TO: SAMUEL A. MEADOWS [email protected]
  8. UDGMENT ENTRY(52620698) SENT BY EMAIL. TO: REBECCA L. CAMPBELL [email protected]
  9. UDGMENT ENTRY(52620697) SENT BY EMAIL. TO: REBECCA L. CAMPBELL [email protected]
  10. UDGMENT ENTRY(52620696) SENT BY EMAIL. TO: ROBERT C BUCHBINDER [email protected]
  11. UDGMENT ENTRY(52620695) SENT BY EMAIL. TO: ROBERT C BUCHBINDER [email protected]
  12. Y AND THROUGH THE PARTIES' DISMISSAL ENTRY FILED 12/18/2023, THIS MATTER IS SETTLED AND DISMISSED WITH PREJUDICE. ALL DATES CANCELED. THIS COURT RETAINS JURISDICTION OVER ALL POST-JUDGMENT MOTIONS. 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
  13. ENERAL PLEADING FILED BY DEFENDANT(S) WESTERN EXPRESS, INC.(D1) and GEORGE POWELL(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 DISMISSAL ENTRY
  14. 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
  15. EDIATION SET FOR 11/14/2023 AT 01:30 PM. (Notice Sent).
  16. APTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO TAKE PLACE BY 11/17/2023 WITH ROBERT MCCLELLAND. IF NECESSARY TO PROTECT THE HEALTH OF THE PARTICIPANTS, TO REDUCE LITIGATION COSTS, OR FOR ANY OTHER VALID REASON, 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  17. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED. SHOULD THE TRIAL DATE NOT GO FORWARD FOR ANY REASON, THE PARTIES AGREED TO SET A BACKUP TRIAL DATE AS FOLLOWS. TRIAL SET FOR 04/08/2024 AT 10:00 AM. NO NEW TRIAL ORDER WILL ISSUE, THE PARTIES ARE TO EXTRAPOLATE THE DEADLINES FROM THE COURT'S PRIOR ORDER. THE PARTIES MAY REQUEST A NEW FINAL PRE-TRIAL DATE OR REFERRAL TO THE COURT'S ADR DEPARTMENT BY CONTACTING THE STAFF ATTORNEY. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  18. OTICE OF DEPOSITION OF DEFENDANT(S) WESTERN EXPRESS, INC.(D1) and GEORGE POWELL(D2) FILED NOTICE OF DEPOSITION OF PLAINTIFF CHARLES TOMMER
  19. OTICE OF DEPOSITION OF DEFENDANT(S) WESTERN EXPRESS, INC.(D1) and GEORGE POWELL(D2) FILED NOTICE OF DEPOSITION OF PLAINTIFF ABBIE TOMMER
  20. OTICE FILED BY DEFENDANT(S) WESTERN EXPRESS, INC.(D1) and GEORGE POWELL(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 NOTICE OF SERVICE
  21. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. ANY AFFIRMATIVE EXPERT REPORT TO BE PRODUCED BY 08/15/2023; REBUTTAL REPORTS TO BE PRODUCED BY 10/15/2023. THE PARTIES MAY NOTIFY THE STAFF ATTORNEY IF A REFERRAL TO THE COURT'S MEDIATION DEPARTMENT WOULD BE HELPFUL. TELEPHONE CONFERENCE SET FOR 06/06/2023 AT 10:45 AM. THE PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591. FINAL PRETRIAL SET FOR 01/04/2024 AT 09:30 AM. THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY IN ADVANCE IF A ZOOM FINAL PRE-TRIAL WOULD BE MORE APPROPRIATE. DEFENDANTS' COUNSEL IS ENCOURAGED TO PARTICIPATE BY ZOOM IF THERE IS INCLEMENT WEATHER ON THE DAY OF THE FINAL PRE-TRIAL. TRIAL BY JURY SET FOR 02/12/2024 AT 10:00 AM. TRIAL BRIEFS; JOINT JURY INSTRUCTIONS; VERDICT FORMS AGREED UPON BY COUNSEL; WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 01/22/2024; AN E-MAILED COPY TO THE STAFF ATTORNEY IS PREFERRED, INCLUDING ALL JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS IN MICROSOFT WORD FORMAT. PRIOR TO THE START OF JURY SELECTION, THE PARTIES ARE TO DELIVER TO THE COURT OR THE STAFF ATTORNEY A BRIEF AGREED-TO STATEMENT OF THE CASE TO BE READ TO THE PROSPECTIVE JURORS AS CONTEMPLATED BY CIV.R. 47(A). NOTE TAKING BY JURORS IS PERMITTED. JURY QUESTIONNAIRES AND SUBMISSION OF QUESTIONS BY JURORS TYPICALLY IS NOT PERMITTED. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  22. PON NOTICE BY THE PLAINTIFFS, EFFECTIVE 12/05/2022, ALL CLAIMS BY PLAINTIFFS AGAINST DEFENDANT PROGRESSIVE DIRECT INSURANCE COMPANY IS DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV. R. 41(A). PARTIAL. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  23. OTICE FILED BY PLAINTIFF(S) CHARLES TOMMER(P1) and ABBIE TOMMER(P2) ATTORNEY ANDREW S GOLDWASSER 0068397 NOTICE OF DISMISSAL WITHOUT PREJUDICE AGAINST PROGRESSIVE DIRECT INSURANCE COMPANY
  24. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. PLAINTIFFS ARE STILL ATTEMPTING SERVICE ON THE ALLEGED TORTFEASOR, AND ARE TO CONTINUE SERVICE ATTEMPTS. THE PARTIES ARE TO CONTINUE DISCOVERY AND TO BE PREPARED TO SET A FULL SCHEDULE AT THE NEXT PRE-TRIAL. TELEPHONE CONFERENCE SET FOR 01/11/2023 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
  25. OTICE FILED BY DEFENDANT(S) WESTERN EXPRESS, INC.(D1) and GEORGE POWELL(D2) ATTORNEY ROBERT C BUCHBINDER 0039623 NOTICE OF SERVICE
  26. OTICE OF SUBSTITUTION OF COUNSEL FILED
  27. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. THE PARTIES WILL CONTINUE TO DISCUSS THE POSITIONS OF THEIR CASES AND BE PREPARED TO SET A FULL SCHEDULE AT THE NEXT PRE-TRIAL. TELEPHONE CONFERENCE SET FOR 11/08/2022 AT 11:00 AM. THE PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591. NOTICE ISSUED
  28. ERTIFIED MAIL RECEIPT NO. 48201317 RETURNED 08/09/2022 FAILURE OF SERVICE ON DEFENDANT POWELL/GEORGE/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  29. RETRIAL CONFERENCE SET FOR 09/22/2022 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. 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. NOTICE ISSUED
  30. NSWER FILED BY DEFENDANT(S) WESTERN EXPRESS, INC.(D1) and GEORGE POWELL(D2) ATTORNEY SAMUEL A. MEADOWS 0096818 ANSWER OF DEFENDANTS WESTERN EXPRESS, INC. AND GEORGE POWELL TO PLAINTIFFS' COMPLAINT
  31. NSWER FILED BY D3 PROGRESSIVE DIRECT INSURANCE COMPANY ATTORNEY REBECCA L. CAMPBELL 0064930 DEFENDANT PROGRESSIVE DIRECT INSURANCE COMPANY'S ANSWER
  32. ERTIFIED MAIL RECEIPT NO. 48201317 RETURNED 8/9/2022 FAILURE OF SERVICE ON DEFENDANT POWELL/GEORGE/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  33. ERTIFIED MAIL RECEIPT NO. 48071891 RETURNED 07/21/2022 FAILURE OF SERVICE ON DEFENDANT POWELL/GEORGE/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  34. UMS COMPLAINT(48201317) SENT BY CERTIFIED MAIL. TO: GEORGE POWELL 100 HORSESHOE DR. SAN PATRICIO, TX 78368
  35. UMMONS E-FILE COPY COST
  36. RIT FEE
  37. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE UPON GEORGE POWELL
  38. SPS RECEIPT NO. 48071892 DELIVERED BY USPS 07/19/2022 PROGRESSIVE DIRECT INSURANCE COMPANY PROCESSED BY COC 07/27/2022.
  39. USPS RECEIPT NO. 48071890 DELIVERED BY USPS 07/18/2022 WESTERN EXPRESS, INC. PROCESSED BY COC 07/27/2022.
  40. CERTIFIED MAIL RECEIPT NO. 48071891 RETURNED 7/21/2022 FAILURE OF SERVICE ON DEFENDANT POWELL/GEORGE/ - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  41. SUMS COMPLAINT(48071892) SENT BY CERTIFIED MAIL. TO: PROGRESSIVE DIRECT INSURANCE COMPANY 6300 WILSON MILLS ROAD MAYFIELD VILLAGE, OH 44143
  42. SUMS COMPLAINT(48071891) SENT BY CERTIFIED MAIL. TO: GEORGE POWELL 100 HORSESHOE DR. SAN PATRICIO, TX 78368
  43. SUMS COMPLAINT(48071890) SENT BY CERTIFIED MAIL. TO: WESTERN EXPRESS, INC. 7135 CENTENNIAL PLACE NASHVILLE, TN 37209
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. WRIT FEE
  48. WRIT FEE
  49. SUMMONS E-FILE COPY COST
  50. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  51. LEGAL RESEARCH
  52. LEGAL NEWS
  53. LEGAL AID
  54. COURT SPECIAL PROJECTS FUND
  55. COMPUTER FEE
  56. CLERK'S FEE
  57. DEPOSIT AMOUNT PAID ANDREW S GOLDWASSER

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