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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-06-23
Status INACTIVE
Type Admin. Appeals Other
Docket 35 entries

Parties

Plaintiff Kevin Fitz
Defendant Unemployment Compensation Review Commission|Ohio Dept. Of Job And Family Services Matt Damschroder, Director|O'reilly Auto Enterprises Llc
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: NOTICE OF APPEAL WORK. COMP ADMIN APPEAL
  2. JUDGMENT ENTRY(53378135) SENT BY REGULAR MAIL SERVICE. TO: O'REILLY AUTO ENTERPRISES LLC 233 S. PATTERSON AVE. SPRINGFIELD, MO 65802
  3. JUDGMENT ENTRY(53378134) SENT BY EMAIL. TO: LAURENCE R SNYDER [email protected]
  4. JUDGMENT ENTRY(53378133) SENT BY EMAIL. TO: BRUCE D TAUBMAN [email protected]
  5. THIS COURT HAS REVIEWED THE FOLLOWING PLEADINGS FILED IN THE INSTANT APPEAL: (I) THE PLAINTIFF- APPELLANT'S BRIEF IN SUPPORT OF ITS ARGUMENT TO REVERSE THE DEFENDANT-APPELLEE'S DETERMINATION THAT PLAINTIFF-APPELLANT, KEVIN FITZ, INCORRECTLY REPORTED EARNINGS WITH O'REILLY AUTO ENTERPRISES, HIS EMPLOYER, WITH THE INTENT TO OBTAIN BENEFITS FRAUDULENTLY. (II) THE DEFENDANT-APPELLANT'S BRIEF IN SUPPORT OF THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION'S DETERMINATION THAT PLAINTIFF-APPELLANT, KEVIN FITZ, INCORRECTLY REPORTED EARNINGS WITH O'REILLY AUTO ENTERPRISES, HIS EMPLOYER, WITH THE INTENT TO OBTAIN BENEFITS FRAUDULENTLY. (III) THE UNDERLYING RECORD FILED IN THE INSTANT CASE. (IV) PLAINTIFF'S NOTICE OF APPEAL. IN APPLYING O.R.C. 41412.82 (H) THIS COURT FINDS THAT THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION'S DECISION THAT CLAIMANT-PLAINTIFF-APPELLANT WITHHELD INFORMATION ABOUT EARNING WITH THE INTENT OF OBTAINING BENEFITS TO WHICH HE WAS NOT ENTITLED IS NOT UNLAWFUL, UNREASONABLE OR AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE. BROWN-BROCKMEYER CO. V. ROACH, 148 OHIO ST. 511, 514-515; SIMON V. LAKE GEAUGA PRINTING CO., 69 OHIO ST. 2D 41, 45; TZANGAS, PLAKAS & MANNOS V. ADMINISTRATOR, OHIO BUREAU OF EMPLOYMENT SERVS., 73 OHIO ST. 3D 694, 696-697. FURTHER THIS COURT FINDS THAT THE RECORD PRESENTS SUFFICIENT INTRINSIC EVIDENCE, EXTRINSIC EVIDENCE AND SURROUNDING CIRCUMSTANCES WHICH SUPPORT THE UNEMPLOYMENT COMPENSATION REVIEW COMMISSION'S FINDING OF FRAUD. JOHNSON V. OHIO BUREAU OF EMPL. SERVS., 1998 OHIO APP. LEXIS 2177, 9-12. THEREFORE, THIS COURT AFFIRMS THE DECISION OF THE OHIO UNEMPLOYMENT COMPENSATION REVIEW COMMISSION. 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
  6. ATTORNEY CONFERENCE SCHEDULED FOR 03/21/2024 AT 09:30 AM IS CANCELLED.
  7. ATTORNEY CONFERENCE SET FOR 03/28/2024 AT 10:00 AM. (Notice Sent).
  8. REPLY BRIEF FILED BY P1 KEVIN FITZ BRUCE D TAUBMAN 0001410 REPLY TO BRIEF OF APPELLEE
  9. BRIEF FILED BY DEFENDANT(S) UNEMPLOYMENT COMPENSATION REVIEW COMMISSION(D1) and OHIO DEPT. OF JOB AND FAMILY SERVICES(D2) LAURENCE R SNYDER 0037290 BRIEF OF APPELLEE ODJFS
  10. BRIEF FILED BY P1 KEVIN FITZ BRUCE D TAUBMAN 0001410 BRIEF OF APPELLANT
  11. ATTORNEY CONFERENCE SET FOR 03/21/2024 AT 09:30 AM. (Notice Sent).
  12. CASE MANAGEMENT CONFERENCE HELD WITH COUNSEL PRESENT. APPELLANT'S SUPPORTING BRIEF TO BE FILED 01-19-24. APPELLEES' BRIEF IN OPPOSITION TO BE FILED 02-16-24. APPELLANT'S REPLY THERETO T BE FILED 02-23-24. NOTICE ISSUED
  13. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR O'REILLY AUTO ENTERPRISES LLC 09/21/2023 17:02:01
  14. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR SNYDER/LAURENCE/R 09/21/2023 17:02:01
  15. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR TAUBMAN/BRUCE/D 09/21/2023 17:02:01
  16. CMC BY PHONE SET FOR 10/25/2023 AT 01:40 PM. CMC SHALL BE CONDUCTED BY PHONE, COURT TO INITIATE THE CALL. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO COMPLY WITH DISCOVERY PURSUANT TO CIVIL RULES OF PROCEDURE. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT.
  17. TRANSCRIPT FILED D2 OHIO DEPT. OF JOB AND FAMILY SERVICES ATTORNEY NON-PARTY 9999999 CERTIFIED RECORD OF OHIO UNEMPLOYMENT COMPENSATION REVIEW COMMISSION
  18. USPS RECEIPT NO. 50955065 DELIVERED BY USPS 07/03/2023 O'REILLY AUTO ENTERPRISES LLC PROCESSED BY COC 07/12/2023.
  19. USPS RECEIPT NO. 50955064 DELIVERED BY USPS 07/06/2023 OHIO DEPT. OF JOB AND FAMILY SERVICES PROCESSED BY COC 07/12/2023.
  20. USPS RECEIPT NO. 50955063 DELIVERED BY USPS 06/29/2023 UNEMPLOYMENT COMPENSATION REVIEW COMMISSION PROCESSED BY COC 07/12/2023.
  21. NOTICE OF APPEARANCE, FILED DEFENDANT(S) UNEMPLOYMENT COMPENSATION REVIEW COMMISSION(D1) and OHIO DEPT. OF JOB AND FAMILY SERVICES(D2) LAURENCE R SNYDER 0037290. ODJFS-UCRC NOTICE OF APPEARANCE
  22. CERTIFIED MAILER(50955065) SENT BY CERTIFIED MAIL. TO: O'REILLY AUTO ENTERPRISES LLC 233 S. PATTERSON AVE. SPRINGFIELD, MO 65802
  23. CERTIFIED MAILER(50955064) SENT BY CERTIFIED MAIL. TO: OHIO DEPT. OF JOB AND FAMILY SERVICES 30 E. BROAD ST, 32ND FLOOR COLUMBUS, OH 43215
  24. CERTIFIED MAILER(50955063) SENT BY CERTIFIED MAIL. TO: UNEMPLOYMENT COMPENSATION REVIEW COMMISSION P.O. BOX 182299 COLUMBUS, OH 43218
  25. SUMMONS E-FILE COPY COST
  26. SUMMONS E-FILE COPY COST
  27. SUMMONS E-FILE COPY COST
  28. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  29. LEGAL RESEARCH
  30. LEGAL NEWS
  31. LEGAL AID
  32. COURT SPECIAL PROJECTS FUND
  33. COMPUTER FEE
  34. CLERK'S FEE
  35. DEPOSIT AMOUNT PAID BRUCE D TAUBMAN

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