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Case Information

Filed 2023-07-01
Status INACTIVE
Type Consumer Debt
Docket 37 entries

Parties

Plaintiff Capital One Na
Defendant Timothy J Quinby
Photo of Hon. KATHLEEN ANN SUTULA

Judge

Hon. KATHLEEN ANN SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. Pursuant to App.R. 16(A), the appellant must include in its brief an argument containing the contentions of the appellant with respect to each assignment of error presented for review and the reasons in support of the contentions, with citations to the authorities, statutes, and parts of the record on which the appellant relies. App. R. 16(A). "Appellants' failure to follow the dictates of App.R. 16(A) is equivalent to not filing a brief at all and would, in and of itself, be grounds for dismissing the appeal." Corbin v. Dailey, 2009-Ohio-881, P7 (10th Dist.), citing App.R. 18(C). We are authorized to dismiss an appeal for an appellant's failure to follow the Rules of Appellate Procedure. Id., citing App.R. 3(A). Appellant's brief in this case fails to comply with App.R. 16(A) and we dismiss it accordingly. Appellant to pay costs. Notice issued.
  3. APPELLANT'S 9113922 RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE CERTIFIED COPY OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 113922.
  4. APPEAL, PRCPE, & DCKTNG STMNT(53805304) SENT BY REGULAR MAIL SERVICE. TO: TED M TRAUT 965 KEYNOTE CIRCLE INDEPENDENCE, OH 44131-0000
  5. -------------------- NOTICE OF APPEAL -------------------- CA NO. 113922 NOTICE OF APPEAL FILED BY THE DEFT. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE ACCELERATED CALENDAR.
  6. D1 TIMOTHY J QUINBY MOTION TO STAY JUDGEMENT, FILED PRO SE 9999999 10/21/2024 - DENIED AS MOOT
  7. JUDGMENT AMT: $15,309.83 RENDERED BY: CP CUYAHOGA ORIGINATING CASE NO.: CV23981845 JUDGMENT LIEN CASE#: JL24217016 CREDITOR: CAPITAL ONE NA DEBTOR: TIMOTHY J QUINBY INTEREST AT: 8% INTEREST FROM DATE: 04/15/2024 COSTS: JUDGMENT DATE: 04/15/2024 DOCKET (JOURNAL): IMAGE PAGE: IMAGE TIME FILED: 05/09/2024 11:44:45 LIEN COST: 25 PAID BY: WELTMAN WEINBERG & REIS CO., L.P.A. SERIAL NUMBER: ACCOUNT NUMBER:
  8. JUDGMENT ENTRY(53556933) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY J QUINBY 8555 W PLEASANT VALLEY RD PARMA, OH 44130
  9. JUDGMENT ENTRY(53556932) SENT BY EMAIL. TO: ALEXANDER WEINBERG [email protected]
  10. JUDGMENT ENTRY(53556931) SENT BY EMAIL. TO: ALEXANDER WEINBERG [email protected]
  11. JUDGMENT ENTRY(53556930) SENT BY EMAIL. TO: TED M TRAUT [email protected]
  12. JUDGMENT ENTRY(53556929) SENT BY EMAIL. TO: TED M TRAUT [email protected]
  13. THIS MATTER IS BEFORE THE COURT ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. A PARTY IS ENTITLED TO SUMMARY JUDGMENT ON AN ACCOUNT WHEN THE EVIDENCE SHOWS A BEGINNING BALANCE, LISTED ITEMS REPRESENTING CHARGES OR DEBITS, AND A SUMMARIZATION OF A RUNNING OR DEVELOPING BALANCE OF THE AMOUNT CLAIMED TO BE DUE. FIA CARD SERVS., N.A. V. PFUNDSTEIN, 8TH DIST. CUYAHOGA NO. 101808, 2015-OHIO-2514. FURTHER, A NON-MOVING PARTY MAY ONLY SET FORTH A GENUINE ISSUE OF MATERIAL FACT IF THE FACT IS "MANIFESTED BY SUBSTANTIAL EVIDENCE GOING BEYOND THE MERE ALLEGATIONS OF THE COMPLAINT." ID. AS DEFENDANT HAS NOT SET FORTH ANY EVIDENCE, PLAINTIFF'S MOTION IS HEREBY GRANTED. THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT PLAINTIFF BE AWARDED JUDGMENT AGAINST THE DEFENDANT IN THE AMOUNT OF $15,309.83 PLUS INTEREST AT THE STATUTORY RATE AND COSTS. FINAL. 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. NOTICE ISSUED
  14. P1 CAPITAL ONE NA'S MOTION FOR CONTINUANCE ALEXANDER WEINBERG 0090421. ^F^ MOTION FOR CONTINUANCE 04/27/2024 - UNKNOWN
  15. RESPONSE TO PLAINTIFF'S REQUEST FOR DEFAULT JUDGEMENT FILED. PRO SE (9999999)
  16. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 04/15/2024 - GRANTED
  17. NOTICE TO THE COURT OF PLAINTIFF'S FAILURE TO COMPLY WITH COURT ORDER
  18. CASE MANAGEMENT CONFERENCE HELD 10/18/2023. DEFENDANT DID NOT APPEAR. THE FOLLOWING DATES, IN ADDITION TO THOSE AS SET FORTH IN THE TRIAL ORDER, APPLY: 1. ALL DISCOVERY IS TO BE COMPLETED BY NOT LATER THAN 12/22/2023. 2. DISPOSITIVE MOTIONS TO BE FILED BY NOT LATER THAN 1/24/2024. 3. TRIAL IS SCHEDULED FOR 5/6/2024 AT 8:00 A.M. 4. TRIAL ORDER ENTERED. O.S.J. NOTICE ISSUED
  19. TRIAL SET FOR 05/06/2024 AT 08:00 AM.
  20. CASE MANAGEMENT CONFERENCE SET FOR 10/18/2023 AT 9:30 A.M. 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 PRESENT IN PERSON AND TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE BE PRESENT IN PERSON. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO APPEAR AT THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. IF A CONTINUANCE IS SOUGHT FOR ANY REASON, PLEASE FILE THE APPROPRIATE MOTION AT LEAST SEVEN DAYS BEFORE THE SCHEDULED EVENT. DO NOT CALL THE COURT. DATES CANNOT BE CONSIDERED FOR CONTINUANCE UNLESS A MOTION HAS BEEN DOCKETED AND HAND-DELIVERED TO THE COURT. NOTICE ISSUED
  21. D1 TIMOTHY J QUINBY DEFENDANT'S PRO SE ANSWER AND DEFENSES, FILED. PRO SE 9999999
  22. SUMS COMPLAINT(51309792) SENT BY REGULAR MAIL SERVICE. TO: TIMOTHY J QUINBY 8555 W PLEASANT VALLEY RD PARMA, OH 44130 ANSWER DATE: 09/04/2023
  23. WRIT FEE
  24. SUMMONS E-FILE COPY COST
  25. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE BY ORDINARY MAIL
  26. CERTIFIED MAIL RECEIPT NO. 51014206 RETURNED 7/25/2023 FAILURE OF SERVICE ON DEFENDANT QUINBY/TIMOTHY/J - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  27. SUMS COMPLAINT(51014206) SENT BY CERTIFIED MAIL. TO: TIMOTHY J QUINBY 8555 W PLEASANT VALLEY RD PARMA, OH 44130
  28. WRIT FEE
  29. SUMMONS E-FILE COPY COST
  30. JUDGE KATHLEEN ANN SUTULA ASSIGNED (RANDOM)
  31. LEGAL RESEARCH
  32. LEGAL NEWS
  33. LEGAL AID
  34. COURT SPECIAL PROJECTS FUND
  35. COMPUTER FEE
  36. CLERK'S FEE
  37. DEPOSIT AMOUNT PAID TED M TRAUT

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