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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-06-01
Status INACTIVE
Type Complex Litigation
Docket 53 entries

Parties

Plaintiff Jody G. B. Foster|Ontaya Foster
Defendant Physicians Emergency Services, Inc.|Herbert E. Russell, Ii|Kathryn L. Bulgrin|David L. Sugerman
Photo of Hon. Timothy W. Clary

Judge

Hon. Timothy W. Clary

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. USPS RECEIPT NO. 53038193 DELIVERED BY USPS 02/16/2024 PORTAGE COUNTY COURT OF COMMON PLEAS ATTN : CLERK OF COURTS PROCESSED BY COC 02/21/2024.
  3. CERTIFIED MAILER(53038193) SENT BY CERTIFIED MAIL. TO: PORTAGE COUNTY COURT OF COMMON PLEAS ATTN : CLERK OF COURTS 203 WEST MAIN STREET #2 RAVENNA, OH 44266-0000
  4. REFUND BALANCE OF CASE COST DEPOSIT TO PORTAGE COUNTY COURT OF COMMON PLEAS
  5. JUDGMENT ENTRY(53034529) SENT BY EMAIL. TO: COURTNEY J SUTTON [email protected]
  6. JUDGMENT ENTRY(53034528) SENT BY EMAIL. TO: ERIN SIEBENHAR HESS [email protected]
  7. JUDGMENT ENTRY(53034527) SENT BY EMAIL. TO: PAUL G PERANTINIDES [email protected]
  8. DEFENDANTS, PHYSICIANS EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN L. BULGRIN, D.O., AND DAVID L. SUGERMAN, M.D.'S MOTION TO TRANSFER VENUE, FILED 01/23/2024, IS GRANTED. PURSUANT TO THE ENUMERATED GROUNDS IN CIV. R. 3(C), CUYAHOGA COUNTY IS NOT A PROPER VENUE FOR THE PRESENT MATTER. THE COURT DOES NOT AGREE WITH PLAINTIFF'S CONTENTION THAT THE MERE ACT OF REFILING A PREVIOUSLY DISMISSED COMPLAINT WILL VEST A COUNTY COURT WITH VENUE UNDER SUP. R. 36.017. ACCORDINGLY, IT IS SO ORDERED THAT THE CAPTIONED CASE IS TRANSFERRED TO THE PORTAGE COUNTY COURT OF COMMON PLEAS. THE CLERK OF COURTS IS HEREBY DIRECTED TO TRANSFER ALL RECORDS AND PAPERS IN THIS ACTION TO: PORTAGE COUNTY COURT OF COMMON PLEAS, ATTN CLERK OF COURTS 203 W MAIN ST #2 RAVENNA, OH 44266 VIA REGULAR U.S. MAIL. COURT COST ASSESSED TO THE PLAINTIFF(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
  9. NOTICE FILED BY DEFENDANT(S) PHYSICIANS EMERGENCY SERVICES, INC.(D1), HERBERT E. RUSSELL, II(D2), KATHRYN L. BULGRIN(D3) and DAVID L. SUGERMAN(D4) ATTORNEY ERIN SIEBENHAR HESS 0074007 DEFENDANTS PHYSICIANS' EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN BULGRIN, D.O., AND DAVID L. SUGERMAN, M.D.'S NOTICE OF IDENTIFICATION OF EXPERT WITNESSES AND PRODUCTION OF REPORTS AND MOTION TO SET EXPERT REPORT, DISCOVERY, AND DISPOSTIVE MOTION DEADLINES
  10. GENERAL PLEADING FILED BY PLAINTIFF(S) JODY G. B. FOSTER(P1) and ONTAYA FOSTER(P2) ATTORNEY COURTNEY J SUTTON 0091764 ORDER GRANTING MOTION FOR PERMISSION TO APPEAR PRO HAC VICE
  11. MOTION FILED FOR PLAINTIFF(S) JODY G. B. FOSTER(P1) and ONTAYA FOSTER(P2) COURTNEY J SUTTON 0091764 MOTION FOR PERMISSION TO APPEAR PRO HAV VICE 02/24/2024 - UNKNOWN
  12. REPLY BRIEF FILED BY DEFENDANT(S) PHYSICIANS EMERGENCY SERVICES, INC.(D1), HERBERT E. RUSSELL, II(D2), KATHRYN L. BULGRIN(D3) and DAVID L. SUGERMAN(D4) ERIN SIEBENHAR HESS 0074007 DEFENDANTS, PHYSICIANS EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN L. BULGRIN, D.O., AND DAVID L. SUGERMAN, M.D.'S RELY IN SUPPORT OF MOTION TO TRANSFER VENUE
  13. BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) JODY G. B. FOSTER(P1) and ONTAYA FOSTER(P2) COURTNEY J SUTTON 0091764 PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO TRANSFER VENUE
  14. MOTION TO TRANSFER VENUE, FILED DEFENDANTS, PHYSICIANS EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN L. BULGRIN, D.O., AND DAVID L. SUGERMAN, M.D.'S MOTION TO TRANSFER VENUE 02/12/2024 - GRANTED
  15. MEDIATION SET FOR 01/24/2024 AT 10:00 AM. (Notice Sent).
  16. MEDIATION SCHEDULED FOR 01/24/2024 AT 09:00 AM IS CANCELLED.
  17. NOTICE OF APPEARANCE, FILED DEFENDANT(S) PHYSICIANS EMERGENCY SERVICES, INC.(D1), HERBERT E. RUSSELL, II(D2), KATHRYN L. BULGRIN(D3) and DAVID L. SUGERMAN(D4) ERIN SIEBENHAR HESS 0074007. DEFENDANTS, PHYSICIANS EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN L. BULGRIN, D.O. AND DAVID L. SUGERMAN, M.D.'S NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL
  18. MEDIATION SET FOR 01/24/2024 AT 09:00 AM. (Notice Sent).
  19. NOTICE FILED BY PLAINTIFF(S) JODY G. B. FOSTER(P1) and ONTAYA FOSTER(P2) ATTORNEY COURTNEY J SUTTON 0091764 PLAINTIFFS' NOTICE OF FILING RULE 4.7 WAIVER OF SERVICE OF SUMMONS
  20. 09/06/2023: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, ANY ADDITIONAL DISCOVERY TO BE COMPLETED BY 11/30/2023. THE PARTIES WILL PURSUE PRIVATE MEDIATION, TO BE COMPLETED BY 02/29/2024. FINAL PRETRIAL SET FOR 04/11/2024 AT 01:30 PM. THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY IN ADVANCE TO DETERMINE THE BEST METHOD BY WHICH TO CONDUCT THE FINAL PRE-TRIAL. TRIAL BY JURY SET FOR 05/15/2024 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 04/24/2024; 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. . IF FOR ANY REASON TRIAL DOES NOT GO FORWARD AS SCHEDULED, A BACKUP TRIAL DATE IS SET AS FOLLOWS: TRIAL SET FOR 11/12/2024 AT 10:00 AM. NO NEW TRIAL ORDER WILL BE ISSUED. THE PARTIES ARE TO EXTRAPOLATE THE DEADLINES FROM THE COURT'S PREVIOUS ORDER. THE PARTIES MAY CONTACT THE STAFF ATTORNEY TO SET AN ADDTIIONAL FINAL PRE-TRIAL IF NECESSARY. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  21. 08/24/2023: THE COURT SUA SPONTE DESIGNATES THIS CASE TO BE COMPLEX LITIGATION PURSUANT TO SUP. R. 42. IN REACHING THIS RULING, THE FACTORS IN SUP. R. 42(A) THAT LED THE COURT TO REACH THIS DECISION ARE: (1) NUMBER OF PARTIES INVOLVED; (2) THE COMPLEXITY OF FACTUAL OR LEGAL ISSUES; (3) EXTENT OF DISCOVERY NECESSARY TO PREPARE THE CASE FOR TRIAL; AND (4) NUMBER OR AVAILABILITY OF PARTIES AND WITNESSES FOR TRIAL. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  22. 08/23/2023: PLAINTIFF(S) JODY G. B. FOSTER(P1) AND ONTAYA FOSTER(P2)'S MOTION TO APPLY ALL DISCOVERY FROM PRIOR FILING, FILED 07/28/2023 BY COURTNEY J SUTTON 0091764, IS GRANTED. ALL DISCOVERY FROM THE PRIOR FILING OF THIS ACTION MAY BE INCORPORATED INTO THE CURRENT FILING. SUPPLEMENTAL DISCOVERY DEADLINES WILL BE SET AT THE PRE-TRIAL. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  23. GENERAL PLEADING FILED BY DEFENDANT(S) PHYSICIANS EMERGENCY SERVICES, INC.(D1), HERBERT E. RUSSELL, II(D2), KATHRYN L. BULGRIN(D3) and DAVID L. SUGERMAN(D4) ATTORNEY ERIN SIEBENHAR HESS 0074007 DEFENDANTS, PHYSICIANS EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN L. BULGRIN, D.O. AND DAVID L. SUGERMAN, M.D.'S REPLY TO PLAINTIFFS' MOTION TO APPLY ALL DISCOVERY FROM PRIOR FILING
  24. MOTION FILED FOR PLAINTIFF(S) JODY G. B. FOSTER(P1) and ONTAYA FOSTER(P2) COURTNEY J SUTTON 0091764 PLAINTIFFS' MOTION TO APPLY ALL DISCOVERY FROM PRIOR FILING 08/23/2023 - GRANTED
  25. ANSWER FILED BY DEFENDANT(S) PHYSICIANS EMERGENCY SERVICES, INC.(D1), HERBERT E. RUSSELL, II(D2), KATHRYN L. BULGRIN(D3) and DAVID L. SUGERMAN(D4) ATTORNEY ERIN SIEBENHAR HESS 0074007 DEFENDANTS PHYSICIANS EMERGENCY SERVICES, INC., HERBERT E. RUSSELL, II, D.O., KATHRYN L. BULGRIN, D.O. AND DAVID L. SUGERMAN, M.D.'S ANSWER TO PLAINTIFFS' COMPLAINT
  26. CERTIFIED MAIL RECEIPT NO. 50771883 RETURNED 06/07/2023 FAILURE OF SERVICE ON DEFENDANT BULGRIN/KATHRYN/L. - RETURN TO SENDER NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  27. CERTIFIED MAIL RECEIPT NO. 50771884 RETURNED 06/14/2023 FAILURE OF SERVICE ON DEFENDANT SUGERMAN/DAVID/L. - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. CERTIFIED MAIL RECEIPT NO. 50771882 RETURNED 06/14/2023 FAILURE OF SERVICE ON DEFENDANT RUSSELL, II/HERBERT/E. - REFUSED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  29. PRETRIAL CONFERENCE SET FOR 09/06/2023 AT 10:45 AM. PRE-TRIAL 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. IF DEFENDANT(S) FAIL TO RESPOND TO THE COMPLAINT, THE PRE-TRIAL WILL BE CONVERTED TO A DEFAULT HEARING WITHOUT FURTHER WARNING. 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, BUT MAY PARTICIPATE AT ANY COURT DATE. 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 TIMOTHY J MCGINTY. NOTICE ISSUED
  30. CERTIFIED MAIL RECEIPT NO. 50771884 RETURNED BY U.S. MAIL DEPARTMENT 06/07/2023 SUGERMAN/DAVID/L. MAIL RECEIVED AT ADDRESS 06/14/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  31. CERTIFIED MAIL RECEIPT NO. 50771882 RETURNED BY U.S. MAIL DEPARTMENT 06/07/2023 RUSSELL, II/HERBERT/E. MAIL RECEIVED AT ADDRESS 06/14/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  32. USPS RECEIPT NO. 50771881 DELIVERED BY USPS 06/07/2023 PHYSICIANS EMERGENCY SERVICES, INC. PROCESSED BY COC 06/14/2023.
  33. SUMS COMPLAINT(50771884) SENT BY CERTIFIED MAIL. TO: DAVID L. SUGERMAN 1350 E. MARKET STREET WARREN, OH 44483
  34. SUMS COMPLAINT(50771883) SENT BY CERTIFIED MAIL. TO: KATHRYN L. BULGRIN 6847 N. CHESTNUT STREET RAVENNA, OH 44266
  35. SUMS COMPLAINT(50771882) SENT BY CERTIFIED MAIL. TO: HERBERT E. RUSSELL, II 6847 N. CHESTNUT STREET RAVENNA, OH 44266
  36. SUMS COMPLAINT(50771881) SENT BY CERTIFIED MAIL. TO: PHYSICIANS EMERGENCY SERVICES, INC. CO BDB AGENT CO., STATUTORY AGENT 3800 EMBASSY PARKWAY, SUITE 300 AKRON, OH 44333
  37. SUMMONS E-FILE COPY COST
  38. WRIT FEE
  39. SUMMONS E-FILE COPY COST
  40. SUMMONS E-FILE COPY COST
  41. SUMMONS E-FILE COPY COST
  42. WRIT FEE
  43. WRIT FEE
  44. WRIT FEE
  45. JUDGE MAUREEN CLANCY ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE MICHAEL J RUSSO
  46. JUDGE MAUREEN CLANCY ASSIGNED (RANDOM)
  47. LEGAL RESEARCH
  48. LEGAL NEWS
  49. LEGAL AID
  50. COURT SPECIAL PROJECTS FUND
  51. COMPUTER FEE
  52. CLERK'S FEE
  53. DEPOSIT AMOUNT PAID COURTNEY J SUTTON

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