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Case Information

Filed 2022-10-28
Type Unfair Consumer Sales Act
Docket 56 entries
Disposition dismiss

Parties

Plaintiff Brumbach, Jason
Defendant Miller, David
Photo of Hon. Joy M Oldfield

Judge

Hon. Joy M Oldfield

Summit County (OH)

Ohio

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Lawyers

Docket Entries

  1. ORIGINAL ACTION COST PAID IN FULL.
  2. **CASE COSTED THRU 2/29/24 FOR ORIGINAL COST. APPLY DEPOSIT, BILLED P1, ATTY POSNER $53.95. SD
  3. Regular Mail Service - Mailed TYLER B. SCHLIMME
  4. Regular Mail Service - Mailed PREMIER DECK & FENCE 2, LLC
  5. Regular Mail Service - Mailed JEFFREY P POSNER
  6. Regular Mail Service - Mailed JASON BRUMBACH
  7. Regular Mail Service - Mailed JAMES T DIXON
  8. Regular Mail Service - Mailed DAVID MILLER
  9. Regular Mail Service - Mailed CARRIE BRUMBACH
  10. NOTICE ISSUED SCHLIMME, TYLER B.
  11. NOTICE ISSUED PREMIER DECK & FENCE 2, LLC
  12. NOTICE ISSUED POSNER, JEFFREY P
  13. NOTICE ISSUED BRUMBACH, JASON
  14. NOTICE ISSUED DIXON, JAMES T
  15. NOTICE ISSUED MILLER, DAVID
  16. NOTICE ISSUED BRUMBACH, CARRIE
  17. PLAINTIFF, JASON BRUMBACH NOTICE OF DISMISSAL WITH PREJUDICE AT PLAINTIFF'S COSTS
  18. NOTICE OF APPEARANCE OF ATTORNEY'S JAMES T. DIZON AND TYLER B. SCHLIMME OF BROUSE MCDOWELL, LPA AS COUNSEL FOR DEFENDANTS DAVID MILLER AND PREMIER DECK & FENCE 2, LLC
  19. NOTIFICATION OF FAILURE TO OBTAIN SERVICE PREMIER DECK & FENCE 2, LLC
  20. Certificate of Mailing Service - Mailed CARRIE BRUMBACH
  21. Certificate of Mailing Service - Mailed PREMIER DECK & FENCE 2, LLC
  22. Certificate of Mailing Service - Mailed DAVID MILLER
  23. Certificate of Mailing Service - Mailed JEFFREY P POSNER
  24. Certificate of Mailing Service - Mailed JASON BRUMBACH
  25. MAGISTRATE DECISION JUDGMENT IN FAVOR OF PLAINTIFFS JASON AND CARRIE BRUMBAUGH AND AGAINST DEFENDANTS DAVID MILLER AND PREMIER DECK & FENCE 2, LLC, JOINTLY AND SEVERALLY IN THE AMOUNT OF $4387 FOR THE DEPOSIT PAID, $12,650 FOR THE COST TO COMPLETE THE FENCE PROJECT, AND $50.00 FOR THE PERMIT. THIS AWARD IS TREBLED FOR A TOTAL OF $51,261 IN COMPENSATORY DAMAGES. AN AWARD OF $2925 IN ATTORNEY FEES FOR A TOTAL AWARD OF $54,186, WITH INTEREST ON THE TOTAL AWARD AT THE STATUTORY RATE FROM THE DATE OF JUDGMENT. MAGISTRATE JOSEPH E. VANCE
  26. Certificate of Mailing Service - Mailed PREMIER DECK & FENCE 2, LLC
  27. Certificate of Mailing Service - Mailed JEFFREY P POSNER
  28. Certificate of Mailing Service - Mailed JASON BRUMBACH
  29. Certificate of Mailing Service - Mailed DAVID MILLER
  30. Certificate of Mailing Service - Mailed CARRIE BRUMBACH
  31. NOTICE ISSUED - CERTIFICATE OF MAILING PREMIER DECK & FENCE 2, LLC
  32. NOTICE ISSUED - CERTIFICATE OF MAILING POSNER, JEFFREY P
  33. NOTICE ISSUED - CERTIFICATE OF MAILING BRUMBACH, JASON
  34. NOTICE ISSUED - CERTIFICATE OF MAILING MILLER, DAVID
  35. NOTICE ISSUED - CERTIFICATE OF MAILING BRUMBACH, CARRIE
  36. THE COURT ORDERED THAT THE MATTERS AND ISSUES IN THIS CASE BE ASSIGNED TO THE GENERAL DIVISION, COMMON PLEAS COURT MAGISTRATE FOR RESOLUTION AND DISPOSITION. JMO
  37. THE COURT HEREBY GRANTS PLAINTIFF’S MOTION. THE DAMAGES HEARING WILL TAKE PLACE ON AUGUST 31, 2023, AT 10:00 A.M. IN JUDGE OLDFIELD’S COURTROOM. IT IS SO ORDERED. JMO
  38. MOTION TO RESET HEARING
  39. THE COURT GRANTS PLAINTIFF JASON BRUMBACH’S MOTION FOR DEFAULT JUDGMENT. AN IN-PERSON DAMAGES HEARING WILL BE HELD ON JULY 26, 2023 AT 10:00 A.M. IN JUDGE OLDFIELD’S COURTROOM. COUNSEL AND PARTIES SHALL APPEAR WITH ALL EVIDENCE, EXHIBITS, AND WITNESSES NECESSARY TO PROCEED AS SCHEDULED. JMO
  40. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  41. THE DEFENDANTS HAVE NOT YET ANSWERED THE COMPLAINT. IF A MOTION FOR DEFAULT JUDGMENT IS NOT FILED WITHIN 14 DAYS OF THE DATE OF THIS ORDER, THE PLAINTIFF'S COMPLAINT WILL BE DISMISSED, WITHOUT PREJUDICE, FOR LACK OF PROSECUTION. JMO
  42. Certified Mail Service - Served PREMIER DECK & FENCE 2, LLC
  43. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail PREMIER DECK & FENCE 2, LLC
  44. INSTRUCTIONS TO CLERK FOR SERVICE
  45. NOTIFICATION OF FAILURE TO OBTAIN SERVICE PREMIER DECK & FENCE 2, LLC
  46. Certified Mail Service - Unclaimed PREMIER DECK & FENCE 2, LLC
  47. Certified Mail Service - Served DAVID MILLER
  48. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail MILLER, DAVID
  49. INSTRUCTIONS TO CLERK FOR SERVICE
  50. Certified Mail Service - Served UNFAIR CONSUMER SALES
  51. NOTIFICATION OF FAILURE TO OBTAIN SERVICE DAVID MILLER
  52. Certified Mail Service - Unable To Forward DAVID MILLER
  53. NOTICE ISSUED BY CERTIFIED MAIL BY Certified Mail UNFAIR CONSUMER SALES
  54. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail PREMIER DECK & FENCE 2, LLC
  55. SUMMONS ISSUED BY CERTIFIED MAIL BY Certified Mail MILLER, DAVID
  56. CIVIL COMPLAINT FILED

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