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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-08-30
Status INACTIVE
Type Tort Miscellaneous
Docket 33 entries

Parties

Plaintiff Elite Vending Service, Inc.
Defendant 3020 Superior Ave., Llc C/o Edward G. Hack, Stat. Agent|Mitch Abdallah
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. UPON NOTICE BY THE PARTIES, EFFECTIVE 05/18/2023, ALL CLAIMS ARE DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV. R. 41(A). FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  3. MEDIATION SCHEDULED FOR 05/23/2023 AT 01:30 PM IS CANCELLED.
  4. NOTICE FILED BY P1 ELITE VENDING SERVICE, INC. ATTORNEY LESTER S POTASH 0011009 NOTICE OF DISMISSAL
  5. MEDIATION SET FOR 05/23/2023 AT 01:30 PM. (Notice Sent).
  6. NOTICE OF APPEARANCE, FILED DEFENDANT(S) 3020 SUPERIOR AVE., LLC(D1) and MITCH ABDALLAH(D2) STEPHEN B DOUCETTE 0062376. NOTICE OF APPEARANCE AS COUNSEL FOR DEFENDANTS
  7. 01/11/2023: 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 05/01/2023 TO 05/31/2023. 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. FINAL PRETRIAL SET FOR 09/21/2023 AT 02:30 PM. TRIAL BY JURY SET FOR 10/17/2023 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 09/26/2023; 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
  8. 01/03/2023: DEFENDANT(S) 3020 SUPERIOR AVE., LLC(D1) AND MITCH ABDALLAH(D2) JAMES J IMBRIGIOTTA 0040317 DEFENDANTS' MOTION TO BIFURCATE PUNITIVE DAMAGE CLAIM, FILED 12/06/2022, IS GRANTED. DISCOVERY TO PROCEED ON ALL CLAIMS UNTIL FURTHER ORDER OF THE COURT. THE COURT ANTICIPATES THAT THE LIABILITY ISSUES WILL BE TRIED PRIOR TO A TRIAL ON THE BAD FAITH CLAIMS. NOTICE ISSUED
  9. MOTION FILED FOR DEFENDANT(S) 3020 SUPERIOR AVE., LLC(D1) and MITCH ABDALLAH(D2) JAMES J IMBRIGIOTTA 0040317 DEFENDANTS' MOTION TO BIFURCATE PUNITIVE DAMAGE CLAIM 01/04/2023 - GRANTED
  10. 11/16/2022: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING ISSUES DISCUSSED, DISCOVERY IS ONGOING. THE PARTIES WILL ATTEMPT TO NARROW THE ISSUES AND ATTEMPT TO RESOLVE THE LAWSUIT. TELEPHONE CONFERENCE SET FOR 01/11/2023 AT 11:45 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
  11. PRETRIAL CONFERENCE SET FOR 11/16/2022 AT 11:45 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. IF DEFENDANT(S) FAIL TO RESPOND TO THE COMPLAINT, THE PRE-TRIAL WILL BE CONVERTED TO A DEFAULT HEARING WITHOUT FURTHER WARNING. PLAINTIFF'S COUNSEL SHALL PROVIDE BEFORE THE HEARING: A PROPOSED JUDGMENT ENTRY, AN AFFIDAVIT OF DAMAGES, AND A COPY OF THE LETTER SENT TO THE DEFENDANT(S) NOTIFYING THEM OF THE HEARING. SAID LETTER SHALL BE SENT BY ORDINARY MAIL. FAILURE OF PLAINTIFF'S COUNSEL TO FILE A WRITTEN MOTION FOR DEFAULT OR TO PROVIDE THE REQUIRED DOCUMENTS BY THE TIME OF THE HEARING WILL RESULT IN THE COURT DISMISSING THE CASE. THESE ITEMS MAY BE E-MAILED TO THE STAFF ATTORNEY AT [email protected]. DEFAULT HEARING WILL BE HELD BY TELEPHONE UNLESS OTHER ARRANGEMENTS ARE MADE AT LEAST ONE WEEK IN ADVANCE. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE HEARING 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 BRENDAN J SHEEHAN. NOTICE ISSUED
  12. ANSWER FILED BY DEFENDANT(S) 3020 SUPERIOR AVE., LLC(D1) and MITCH ABDALLAH(D2) ATTORNEY JAMES J IMBRIGIOTTA 0040317 JOINT ANSWER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT
  13. SUMS COMPLAINT(48771772) SENT BY REGULAR MAIL SERVICE. TO: 3020 SUPERIOR AVE., LLC 1200 QUEEN ANNE'S GATE WESTLAKE, OH 44145 ANSWER DATE: 11/03/2022
  14. SUMMONS E-FILE COPY COST
  15. WRIT FEE
  16. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  17. CERTIFIED MAIL RECEIPT NO. 48461946 RETURNED 10/5/2022 FAILURE OF SERVICE ON DEFENDANT 3020 SUPERIOR AVE., LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  18. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO MOVE, PLEAD OR OTHERWISE ANSWER PLAINTIFF'S COMPLAINT
  19. USPS RECEIPT NO. 48461947 DELIVERED BY USPS 09/01/2022 ABDALLAH/MITCH/ PROCESSED BY COC 09/07/2022.
  20. SUMS COMPLAINT(48461947) SENT BY CERTIFIED MAIL. TO: MITCH ABDALLAH 1640 BALMORAL WESTLAKE, OH 44145
  21. SUMS COMPLAINT(48461946) SENT BY CERTIFIED MAIL. TO: 3020 SUPERIOR AVE., LLC 1200 QUEEN ANNE'S GATE WESTLAKE, OH 44145
  22. SUMMONS E-FILE COPY COST
  23. WRIT FEE
  24. WRIT FEE
  25. SUMMONS E-FILE COPY COST
  26. JUDGE MICHAEL J RUSSO ASSIGNED (RANDOM)
  27. LEGAL RESEARCH
  28. LEGAL NEWS
  29. LEGAL AID
  30. COURT SPECIAL PROJECTS FUND
  31. COMPUTER FEE
  32. CLERK'S FEE
  33. DEPOSIT AMOUNT PAID LESTER S POTASH

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