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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-06
Status INACTIVE
Type Contract Business
Docket 74 entries

Parties

Plaintiff Premier Homes Cle, Llc
Defendant Gregory Q Goff|John Doe|Jane Doe
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED
  2. WRIT OF RESTITUTION RETURNED 03/28/2025 EVICTION COMPLETED SHERIFF'S FEE $2.00 PAID IN FULL BY PLTF'S ATTY INCREASE COST (CLERK) $2.00 PD BY PLTF'S ATTY
  3. DEPOSIT AMOUNT PAID SHERIFF
  4. DEPOSIT REQUIRED FOR WRIT OF POSSSESSION - RETURN $2.00 SHERIFF
  5. DEPOSIT AMOUNT PAID SHERIFF
  6. DEPOSIT REQUIRED FOR COST $2.00 SHERIFF
  7. MOTION FOR EXTENSION OF TIME MOTION TO EXECUTE A WRIT
  8. BRIEF IN OPPOSITION FILED BY P1 PREMIER HOMES CLE, LLC MATTHEW R. JANACK 0099104 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO VACATE
  9. NOTICE OF APPEARANCE, FILED P1 PREMIER HOMES CLE, LLC MATTHEW R. JANACK 0099104. NOTICE OF APPEARANCE MATTHEW JANACK
  10. APPELLANT'S 9114871 RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE CERTIFIED COPY OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 114871.
  11. MOTION FOR EXTENSION OF TIME
  12. WRIT OF RESTITUTION RETURNED 03/11/2025 CANCELLED DUE TO OFFICER SAFETY SHERIFF'S FEE $138.00 PAID IN FULL BY PLTF'S ATTY INCREASE COST (CLERK) $2.00 PD BY PLTF'S ATTY
  13. -------------------- NOTICE OF APPEAL -------------------- CA NO. 114871 NOTICE OF APPEAL FILED BY THE DEFT. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  14. NOTICE OF APPEAL FILED
  15. BASED ON THIS COURT'S ORDER OF 8/1/2024, THE MOTION FOR ORDER OF WRIT OF RESTITUTION OF THE PREMISES IS UNOPPOSED AND GRANTED. THE SHERRIF IS ORDERED TO EXECUTE THE WRIT OF RESTITUTION. NOTICE ISSUED
  16. COURT COST ASSESSED GREGORY Q GOFF BILL AMOUNT 304 PAID AMOUNT 75 AMOUNT DUE 229
  17. MOTION FILED FOR P1 PREMIER HOMES CLE, LLC DAVID M SMITH 0079400 MOTION FOR ORDER OF WRIT OF RESTITUTION OF PREMISES
  18. Sua sponte, the appeal is dismissed for lack of a final appealable order. The trial court granted summary without entering a judgment reflecting the amount of the damages awarded. The court instead stated that the exact amount would be determined at a later date. A judgment which leaves the amount of damages unresolved is not a final, appealable order. Berardi's Fresh Roast, Inc. v. PMD Enters., 8th Dist. Cuyahoga No. 90822, 2008-Ohio-5470, 51; Fireman's Fund Ins. Co. v. BPS Co., 4 Ohio App.3d 3, 446 N.E.2d 181 (10th Dist. 1982). Should appellant obtain a final appealable order within thirty days of this entry, the appellant may file a motion to reinstate the appeal. Notice issued.
  19. APPELLANT'S 9114244 RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE CERTIFIED COPY OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 114244.
  20. -------------------- NOTICE OF APPEAL -------------------- CA NO. 114244 NOTICE OF APPEAL FILED BY THE DEFT. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  21. JUDGMENT ENTRY(54447934) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  22. JUDGMENT ENTRY(54447933) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  23. JUDGMENT ENTRY(54447932) SENT BY REGULAR MAIL SERVICE. TO: GREGORY Q GOFF 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  24. JUDGMENT ENTRY(54447931) SENT BY EMAIL. TO: ALEXANDER M STEWART [email protected]
  25. JUDGMENT ENTRY(54447930) SENT BY EMAIL. TO: ALEXANDER M STEWART [email protected]
  26. JUDGMENT ENTRY(54447929) SENT BY EMAIL. TO: DAVID M SMITH [email protected]
  27. JUDGMENT ENTRY(54447928) SENT BY EMAIL. TO: DAVID M SMITH [email protected]
  28. THE COURT HAS CONSIDERED PLAINTIFF PREMIER HOMES CLE, LLC'S MOTION FOR SUMMARY JUDGMENT. DEFENDANT, PROCEEDING PRO SE, WAS GRANTED AMPLE TIME TO RESPOND TO THE MOTION, BUT DID NOT FILE A BRIEF IN OPPOSITION. BASED ON PLAINTIFF'S MOTION, THE EVIDENCE AND SUPPORTING DOCUMENTS SUBMITTED BY PLAINTIFF, THE COURT FINDS PLAINTIFF'S MOTION WELL TAKEN AND HEREBY GRANTS SUMMARY JUDGMENT IN FAVOR OF PREMIER HOMES AND AGAINST DEFENDANTS OHAUN WILLIS FKA GREGORY GOFF, JOHN DOE, AND JANE DOE RELATED TO THE FAILURE TO PAY RENT, BREACH OF CONTRACT, AND CONSTRUCTIVE TRUST CLAIMS ACCORDINGLY, THE COURT HEREBY RENDERS JUDGMENT IN FAVOR OF PLAINTIFF AS FOLLOWS: (I) ON COUNT I (FORCIBLE ENTRY AND DETAINER), THAT A WRIT OF RESTITUTION BE ISSUED, AND PLAINTIFF IS ENTITLED TO RECOVER POSSESSION OF THE PROPERTY; (II) ON COUNT II (UNPAID RENT), THAT PLAINTIFF IS ENTITLED TO RECOVER ALL RENT OWED TO PLAINTIFF, WITH PLAINTIFF TO SUBMIT SUPPORTING DOCUMENTS RELATED TO THE EXACT AMOUNT OF SAID RENT AT A LATER DATE; (III) COUNT III (DECLARATORY JUDGMENT OF OPTION CONTRACT), THAT THE OPTION CONTRACT BETWEEN PLAINTIFF AND DEFENDANT WILLIS HAS EXPIRED BY ITS TERMS AND PLAINTIFF IS ENTITLED TO RETAIN ANY AND ALL AMOUNTS PAID TO HIM IN RELATION TO THE OPTION CONTRACT; (IV) ON COUNT IV (CONSTRUCTIVE TRUST), JUDGMENT FOR DAMAGES IN FAVOR OF PLAINTIFF AND AGAINST WILLIS FOR ANY AND ALL AMOUNTS PAID TO HIM BY THE DOE DEFENDANTS AND SUBJECT TO THE SUBMISSION OF ADDITIONAL EVIDENCE BY PLAINTIFF; (V) ADDITIONALLY, PLAINTIFF IS ENTITLED TO PRE- AND POST-JUDGMENT INTEREST; AND (VI) THE COURT HEREBY DISMISSES DEFENDANT'S COUNTERCLAIM WITH PREJUDICE. 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
  29. TRIAL SCHEDULED FOR 07/30/2024 AT 09:00 AM IS CANCELLED.
  30. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL
  31. FINAL PRETRIAL SCHEDULED FOR 06/20/2024 AT 02:00 PM IS CANCELLED.
  32. THIS ORDER IS TO CLARIFY THIS COURT'S ORDER OF 4/25/2024. PLAINTIFF FILED ITS MOTION FOR SUMMARY JUDGMENT ON 2/22/2024, AS OF THIS DATE, DEFENDANT HAS FAILED TO FILE A BRIEF IN OPPOSITION. PURSUANT TO CIV.R. 6, DEFENDANT IS PAST THE TIME ALLOWEDD TO FILED A BRIEF IN OPPOSIITON. HOWEVER, ON 12/21/2023, THIS COURT SET A DISPOSITIVE MOTION SCHEDULE IN WHICH DISPOSITIVE MOTIONS WERE DUE ON 4/22/2024, BRIEFS IN OPPOSITION DUE 5/22/2024, AND REPLIES DUE 5/29/2024. THE COURT WILL ALLOW THE DEFENDANT THE TIME THROUGH 5/22/2024 TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. NOTICE ISSUED
  33. CASE CALLED FOR TELEPHONE CONFERENCE ON 4/24/2024. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT FAILED TO APPEAR DESPITE BEING GRANTED TWO CONTINUANCES AND BEING NOTIFIED OF THE CONFERENCE VIA TELEPHONE. THE COURT WILL CONSIDER THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. NOTICE ISSUED
  34. PURSUANT TO THIS COURT'S ORDER OF 2/16/2024, THE MOTION TO WITHDRAW AS COUNSEL WAS GRANTED. THE CLERK IS INSTRUCTED TO REMOVE TANMAY SHAH FROM THE COURT'S DOCKET AS COUNSEL OF RECORD FOR DEFENDANT. NOTICE ISSUED
  35. JUDGMENT ENTRY(53542933) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  36. JUDGMENT ENTRY(53542932) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  37. JUDGMENT ENTRY(53542931) SENT BY EMAIL. TO: R. SCOTT HEASLEY [email protected]
  38. JUDGMENT ENTRY(53542930) SENT BY EMAIL. TO: R. SCOTT HEASLEY [email protected]
  39. JUDGMENT ENTRY(53542929) SENT BY EMAIL. TO: TANMAY SHAH [email protected]
  40. UPON ORAL REQUEST OF DEFENDANT (PRO SE), THE TELEPHONE CONFERENCE OF 4/10/2024 IS CONTINUED. TELEPHONE CONFERENCE SET FOR 04/24/2024 AT 01:00 PM. ALL PARTIES TO CONTACT THE COURT AT 216-443-8601 AT THE TIME OF THE CONFERENCE. THE CLERK OF COURTS IS DIRECTED TO SERVE THIS ORDER UPON THE DEFENDANT. THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES AND THE METHOD OF SERVICE. NOTICE ISSUED
  41. TELEPHONE CONFERENCE SCHEDULED FOR 04/10/2024 AT 01:30 PM IS CANCELLED.
  42. JUDGMENT ENTRY(53374520) SENT BY REGULAR MAIL SERVICE. TO: JANE DOE 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  43. JUDGMENT ENTRY(53374519) SENT BY REGULAR MAIL SERVICE. TO: JOHN DOE 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OH 44125-0000
  44. JUDGMENT ENTRY(53374518) SENT BY EMAIL. TO: TANMAY SHAH [email protected]
  45. CASE CALLED FOR TELEPHONE CONFERENCE ON 3/20/2024. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT FAILED TO APPEAR DESPITE NOTICE. TELEPHONE CONFERENCE CONTINUED TO ALLOW TIME FOR DEFENDANT TO APPEAR. TELEPHONE CONFERENCE SET FOR 04/10/2024 AT 01:30 PM. ALL PARTIES TO CONTACT THE COURT AT 216-443-8601 AT THE TIME OF THE CONFERENCE. THE CLERK OF COURTS IS DIRECTED TO SERVE THIS ORDER UPON THE DEFENDANT AT: 4942-4944 EDGEPARK DRIVE GARFIELD HEIGHTS, OHIO 44125 THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES AND THE METHOD OF SERVICE. NOTICE ISSUED
  46. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 08/13/2024 - UNKNOWN
  47. MOTION TO WITHDRAW AS COUNSEL, FILED 01/30/2024, IS GRANTED. ATTORNEY TANMAY SHAH IS HEREBY REMOVED AS COUNSEL FOR DEFENDANT. THIS MATTER IS SET FOR A TELEPHONE CONFERENCE TO DISCUSS DEADLINES. TELEPHONE CONFERENCE SET FOR 03/20/2024 AT 01:30 PM. ALL PARTIES TO CONTACT THE COURT AT 216-443-8601 AT THE TIME OF THE CONFERENCE. ATTORNEY TANMAY SHAH TO PROVIDE NOTICE OF THIS ORDER TO DEFENDANT IN WRITING AND PROVIDE PROOF OF NOTICE TO THE COURT. IF DEFENDANT DOES NOT HAVE COUNSEL BY THIS DATE, HE SHALL PROCEED PRO SE. PRO SE LITIGANTS ARE REMINDED THAT THEY ARE HELD TO THE SAME RULES, PROCEDURES, AND STANDARDS AS LITIGANTS REPRESENTED BY COUNSEL. DJL, INC. V. MASSINGILLE, 8TH DIST. CUYAHOGA NO. 9664, 2011-OHIO-6281, PARA. 23, CITING STATE EX REL. FULLER V. MENGEL, 100 OHIO ST.3D 352, 2003-OHIO-6448, 800 N.E.2D 25. NOTICE ISSUED
  48. GENERAL PLEADING FILED BY P1 PREMIER HOMES CLE, LLC ATTORNEY R. SCOTT HEASLEY 0087235 PLAINTIFF'S CONSENT TO MOTION TO WITHDRAW
  49. MOTION TO WITHDRAW AS COUNSEL MOTION TO WITHDRAW 02/16/2024 - GRANTED
  50. TELEPHONE CMC HELD ON 12/20/2023. ALL PARTIES APPEARED AND AGREED TO THE FOLLOWING SCHEDULE: DISCOVERY TO BE COMPLETE BY 3/22/2024. DISPOSITIVE MOTIONS DUE 4/22/2024; BRIEF IN OPPOSITION DUE 5/22/2024; REPLY DUE 5/29/2024. FINAL PRETRIAL SET FOR 06/20/2024 AT 02:00 PM. ALL PARTIES WITH SETTLEMENT AUTHORITY TO BE PRESENT. TRIAL SET FOR 07/30/2024 AT 09:00 AM. COURTROOM 16-D, JUDGE WILLIAM T. MCGINTY. TO THE EXTENT POSSIBLE: ANY MOTIONS IN LIMINE ARE DUE 28 DAYS PRIOR TO THE START OF TRIAL; ANY RESPONSE MAY BE SERVED WITHIN 14 DAYS AFTER SERVICE OF THE MOTION. NO LATER THAN 5 DAYS BEFORE THE TRIAL DATE, THE COURT MUST RECEIVE FROM THE PARTIES PROPOSED/AGREED JURY INSTRUCTIONS, JURY INTERROGATORIES, JURY VERDICT FORMS, AND STIPULATIONS. THE PARTIES ARE TO ALSO EXCHANGE PROPOSED EXHIBITS 3 DAYS PRIOR TO TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. OBJECTIONS FOR TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT, ARE TO BE GIVEN TO THE COURT 3 DAYS BEFORE THE DAY OF TRIAL. NOTICE ISSUED
  51. DEPOSIT AMOUNT PAID R. SCOTT HEASLEY
  52. AMENDED COMPLAINT $75 FIRST AMENDED COMPLAINT
  53. PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, FILED 11/13/2023, IS UNOPPOSED AND GRANTED. NOTICE ISSUED
  54. TELEPHONE CMC HELD ON 11/21/2023. ALL CURRENTLY NAMED PARTIES APPEARED. DEFENDANT GRANTED LEAVE THROUGH 12/1/2023 TO FILE A BRIEF IN OPPOSITION, IF NECESSARY, TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT. PLAINTIFF'S REPLY DUE 12/8/2023. TELEPHONE CONFERENCE SET FOR 12/20/2023 AT 11:15 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  55. MOTION FILED FOR P1 PREMIER HOMES CLE, LLC R. SCOTT HEASLEY 0087235 MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT 12/14/2023 - UNOPPOSED AND GRANTED
  56. NOTICE OF APPEARANCE, FILED P1 PREMIER HOMES CLE, LLC R. SCOTT HEASLEY 0087235. NOTICE OF APPEARANCE
  57. TELEPHONE CMC HELD ON 10/12/2023. ALL PARTIES APPEARED THROUGH COUNSEL. MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF, FILED 10/10/2023, IS GRANTED. ATTORNEY R. SCOTT HEASLEY IS WITHDRAWN AS COUNSEL FOR PLAINTIFF. PLAINTIFF TO OBTAIN NEW COUNSEL BY 11/13/2023. AS A CORPORATION, PLAINTIFF MAY NOT PROCEED WITHOUT COUNSEL. FAILURE TO OBTAIN NEW COUNSEL BY 11/13/2023 MAY RESULT IN PLAINTIFF'S CLAIMS BEING DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. TELEPHONE CMC CONTINUED TO 11/21/2023 AT 10:30 A.M. CURRENT COUNSEL FOR PLAINTIFF TO INFORM PREMIER HOMES CLE OF THIS ORDER IN WRITING. CMC BY PHONE SET FOR 11/21/2023 AT 10:30 AM. ALL PARTIES TO CONTACT THE COURT AT 216-443-8601 AT THE TIME OF THE CONFERENCE. NOTICE ISSUED
  58. MOTION TO WITHDRAW AS COUNSEL MOTION TO WITHDRAW 10/12/2023 - GRANTED
  59. UPON THE REQUEST OF THE APPLICANT AND THE COURT'S REVIEW, THE COURT FINDS THAT THE APPLICANT IS AN INDIGENT LITIGANT UNDER R.C. 2323.311. IN ACCORDANCE AND FOR GOOD CAUSE, THE COURT HEREBY GRANTS A WAIVER OF PRE-PAYMENT OF COSTS OR FEES IN THIS MATTER. PURSUANT TO R.C. 2323.311(B)(4), THE CLERK IS HEREBY ORDERED TO WAIVE THE ADVANCE DEPOSIT OR SECURITY. NOTICE ISSUED
  60. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR DOE/JANE/ 09/19/2023 17:02:11
  61. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR DOE/JOHN/ 09/19/2023 17:02:11
  62. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HEASLEY/R./SCOTT 09/19/2023 17:02:11
  63. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR SHAH/TANMAY/ 09/19/2023 17:02:11
  64. CMC BY PHONE SET FOR 10/12/2023 AT 10:00 AM. PLAINTIFF'S COUNSEL, OR PLAINTIFF IF PROCEEDING PRO SE, SHALL INITIATE THE CONFERENCE CALL AND CONTACT THE COURT AT (216) 443-8601. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY AND SCHEDULING MATTERS.
  65. NOTICE FILED BY P1 PREMIER HOMES CLE, LLC ATTORNEY R. SCOTT HEASLEY 0087235 PLAINTIFF'S NOTICE OF FILING SUBPOENA
  66. TRANSCRIPT AND ORIGINAL PAPERS, COPY OF DOCKET ENTRIES FROM GARFIELD HEIGHTS MUNICIPAL COURT, CASE NO: CVG2308555 CERTIFIED TO COMMON PLEAS COURT AND FILED. 07/06/2023.
  67. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  68. LEGAL RESEARCH
  69. LEGAL AID
  70. COURT SPECIAL PROJECTS FUND
  71. COMPUTER FEE
  72. CLERK'S FEE
  73. LEGAL NEWS
  74. AFFIDAVIT OF INDIGENCY, FILED

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