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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-07-12
Status INACTIVE
Type Partition
Docket 63 entries

Parties

Plaintiff Mary Ann Fortunato
Defendant Frank A. Fortunato|Unknown Spouse Of Frank A. Fortunato
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: COMPLAINT
  2. JUDGMENT ENTRY(55599226) SENT BY REGULAR MAIL SERVICE. TO: UNKNOWN SPOUSE OF FRANK A. FORTUNATO 13730 MILO ROAD GARFIELD HEIGHTS, OH 44125
  3. JUDGMENT ENTRY(55599225) SENT BY EMAIL. TO: DAVID M LENEGHAN [email protected]
  4. JUDGMENT ENTRY(55599224) SENT BY EMAIL. TO: JEFFREY J SNELL [email protected]
  5. PURSUANT TO THE NOTICE OF DISMISSAL FILED HEREIN, THE CASE IS DISMISSED WITH PREJUDICE AT PLAINTIFF'S COSTS. FINAL COURT COST ASSESSED AS EACH THEIR OWN. 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. THE PRETRIAL SET FOR 12/13/2024 AT 09:00 AM AND THE BENCH TRIAL SET FOR 01/10/2025 AT 08:30 AM ARE CANCELLED. PARTIES SUBMITTED NOTICE OF DISMISSAL ON 12/12/24. NOTICE ISSUED
  7. BENCH TRIAL SCHEDULED FOR 01/10/2025 AT 08:30 AM IS CANCELLED.
  8. PRETRIAL SCHEDULED FOR 12/13/2024 AT 09:00 AM IS CANCELLED.
  9. NOTICE FILED BY P1 MARY ANN FORTUNATO ATTORNEY JEFFREY J SNELL 0040513 NOTICE OF DISMISSAL WITH PREJUDICE
  10. BENCH TRIAL SET FOR 01/10/2025 AT 08:30 AM. TRIAL SET FOR 1/10/25 AT 8:30AM BEFORE MAGISTRATE GINA LUNSFORD, GENERAL DIVISION MAGISTRATES OFFICE, OLD COURTHOUSE, 1 LAKESIDE AVE, FIRST FLOOR, ROOM 128, CLEVELAND, OHIO 44113. FAILURE TO APPEAR WILL RESULT IN DISMISSAL OF CLAIMS OR AN ENTRY OF JUDGMENT. THE PARTIES ARE ORDERED TO SUBMIT TO THE MAGISTRATE ON OR BEFORE DECEMBER 27, 2024 THE FOLLOWING: (1) TRIAL BRIEFS; (2) WITNESS LISTS; (3) STIPULATIONS; (4) LISTS OF PROPOSED EXHIBITS; (5) MOTIONS IN LIMINE; AND (6) EXPERT REPORTS. NOTICE ISSUED
  11. PRETRIAL SET FOR 12/13/2024 AT 09:00 AM. PRETRIAL SET FOR 12/13/24 AT 9:00AM BEFORE MAGISTRATE GINA LUNSFORD, 310 W. LAKESIDE. 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. FAILURE TO APPEAR WILL RESULT IN DISMISSAL OF CLAIMS. ALL PARTIES MUST APPEAR IN PERSON WITH COUNSEL. NOTICE ISSUED
  12. PLAINTIFF FAILED TO ESTABLISH EXCUSABLE NEGLECT AS REQUIRED UNDER CIV. R. 6(B), THEREFORE PLAINTIFF'S MOTION FOR LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT, FILED 5/28/24, IS DENIED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED 4/29/24 IS DENIED. THE COURT FINDS THAT GENUINE ISSUES OF MATERIAL FACT REMAIN ON DEFENDANT'S COUNTERCLAIMS. TRIAL WILL BE SET ON THE FOLLOWING CLAIMS BY SEPARATE ORDER: 1) PLAINTIFF'S CLAIM FOR PARTITION 2) DEFENDANT'S COUNTERCLAIM FOR QUIET TITLE 3) DEFENDANT'S COUNTERCLAIM FOR UNJUST ENRICHMENT 4) DEFENDANT'S COUNTERCLAIM FOR CONTRIBUTION 5) DEFENDANT'S COUNTERCLAIM FOR BREACH OF LOAN AGREEMENT 6) DEFENDANT'S COUNTERCLAIM FOR FRAUD A SECOND TRIAL WILL BE SET ON SET OFFS/DAMAGES AT A LATER DATE. NOTICE ISSUED
  13. MEDIATION HEARING HELD. CASE DID NOT SETTLE IN MEDIATION. CASE RETURNED TO THE ACTIVE DOCKET FOR FURTHER PROCEEDINGS. NOTICE ISSUED
  14. MEDIATION SET FOR 10/02/2024 AT 09:00 AM. (Notice Sent).
  15. MEDIATION SCHEDULED FOR 09/09/2024 AT 10:30 AM IS CANCELLED.
  16. MEDIATION SET FOR 09/09/2024 AT 10:30 AM. (Notice Sent).
  17. UPON CONSENT OF BOTH PARTIES, THE CASE HAS BEEN REFERRED TO THE COURT MEDIATION PROGRAM. THE CASE IS STAYED PENDING MEDIATION AND ONLY UPON MOTION OF UNSUCCESSFUL MEDIATION WILL THE CASE BE RETURNED TO THE ACTIVE DOCKET. ALL PENDING MOTIONS ARE HELD IN ABEYANCE. . NOTICE ISSUED
  18. BRIEF IN OPPOSITION FILED BY D1 FRANK A. FORTUNATO DAVID M LENEGHAN 0062025 DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO PLEAD TO FILE SUMMARY JUDGMENT AND TO DISMISS PLAINTIFF'S CLAIMS
  19. MOTION FILED FOR P1 MARY ANN FORTUNATO JEFFREY J SNELL 0040513 MOTIUON FOR LEAVE TO FILE SUMMARY JUDGMENT AND MOTION FOR SUMMARY JUDGMENT 05/30/2024 - HELD IN ABEYANCE
  20. REPLY BRIEF FILED BY P1 MARY ANN FORTUNATO JEFFREY J SNELL 0040513 PLAINTIFF'S RESPONSE TO THE MOTION FOR DUMMARY JUDGMENT
  21. CMC HELD. ALL PARTIES APPEARED WITH COUNSEL. PARTIES DISCUSSED REFERRAL TO MEDIATION AFTER OPPOSITION BRIEF IS DUE ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED 4/29/24. BRIEFS IN OPPOSITION, IF ANY, TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MUST BE FILED ON OR BEFORE 5/28/24. THEREAFTER, THE COURT WILL REFER THE CASE TO MEDIATION. NOTICE ISSUED
  22. CASE MGMNT CONFERENCE SET FOR 05/16/2024 AT 09:00 AM. CMC SET FOR 5/16/24 AT 9:00AM BEFORE MAGISTRATE GINA LUNSFORD, 310 W. LAKESIDE. 6TH FL. LOCATED ACROSS THE STREET FROM THE JUSTICE CENTER ON THE NORTH WEST CORNER OF LAKESIDE AVENUE AND WEST 3RD STREET. ALL PARTIES AND COUNSEL MUST APPEAR IN PERSON. FAILURE TO APPEAR WILL RESULT IN DISMISSAL OF CLAIMS. NOTICE ISSUED
  23. MOTION FOR SUMMARY JUDGMENT FILED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 05/30/2024 - HELD IN ABEYANCE
  24. DEFENDANT'S MOTION FOR DEFAULT JUDGMENT IS DENIED. PLAINTIFF FILED AN ANSWER TO DEFENDANT'S CROSSCLAIMS ON 3/13/24. ALL CLAIMS HAVE BEEN ANSWERED THEREFORE THE COURT IS SETTING A NEW CASE MANAGEMENT SCHEDULE. DISPOSITIVE MOTIONS, IF ANY, MUST BE FILED ON OR BEFORE 4/29/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF CLAIMS. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 5/28/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 6/11/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. . NOTICE ISSUED
  25. REPLY TO COUNTERCLAIM FILED P1 MARY ANN FORTUNATO, ATTORNEY JEFFREY J SNELL 0040513 ANSWER TO COUNTERCLAIM
  26. MOTION FOR EXTENSION OF TIME RESPONSE TO COURT'S ORDER OF MARCH 6, 2024 AND FOR EXTENSION 03/28/2024 - GRANTED
  27. PLAINTIFF MUST SHOW CAUSE AS TO WHY SHE FAILED TO COMPLY WITH THE COURT'S ORDER OF 1/17/24 ON OR BEFORE 3/13/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS WITHOUT PREJUDICE. NOTICE ISSUED
  28. MOTION FOR DEFAULT JUDGMENT DEFENDANT'S MOTION FOR DEFAULT JUDGMENT 03/28/2024 - DENIED
  29. PLAINTIFF'S MOTION TO DISMISS PURSUANT TO OHIO CIVIL RULE 12(B)(6) IS DENIED. PRESUMING THAT ALL FACTUAL ALLEGATIONS IN DEFENDANT'S CROSSCLAIMS ARE TRUE AND MAKING ALL REASONABLE INFERENCES IN FAVOR OF THE NONMOVING PARTY, DEFENDANT HAS CLAIMED A SET OF FACTS, CONSISTENT WITH ITS CROSSCLAIMS, WHICH WOULD ALLOW DEFENDANT TO RECOVER. SEE YORK V. OHIO STATE HWY. PATROL, 60 OHIO ST.3D 143, 144-145, 573 N.E.2D 1063 (1991). DISPOSITIVE MOTIONS, IF ANY, MUST BE FILED ON OR BEFORE 2/19/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF CLAIMS. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 3/19/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 4/2/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
  30. BRIEF IN OPPOSITION FILED BY D1 FRANK A. FORTUNATO DAVID M LENEGHAN 0062025 DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS
  31. DEFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS IS GRANTED. DEFENDANT MUST RESPOND TO PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS ON OR BEFORE 11/20/23. NOTICE ISSUED
  32. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 11/02/2023 - GRANTED
  33. MOTION TO DISMISS FILED MOTION FOR DISMISSAL OF COUNTERCLAIMS OF DEFENDANT PURSUANT TO OHIO CIV. R. 12(B)(6) 01/17/2024 - DENIED
  34. NOTICE FILED BY P1 MARY ANN FORTUNATO ATTORNEY JEFFREY J SNELL 0040513 NOTICE OF FILING REVISED PRELIMINARY JUDICIAL REPORT AND COSTS
  35. PLAINTIFF HAS UNTIL 10/24/23 TO ANSWER OR OTHERWISE PLEAD TO DEFENDANT'S COUNTERCLAIM. NOTICE ISSUED
  36. CMC HELD. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT'S COUNSEL APPEARED. ALL DISCOVERY MUST BE COMPLETED BY 12/12/23. DISPOSITIVE MOTIONS, IF ANY, MUST BE FILED ON OR BEFORE 1/12/24, BUT NOT BEFORE 1/5/24. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 2/12/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 2/27/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. PLAINTIFF'S MOTION FOR EXTENSION OF TIME FILED 10/5/23 IS UNOPPOSED AND GRANTED. PLAINTIFF MUST FILE AN AMENDED PJR WITH AN EFFECTIVE DATE ON OR BEFORE 10/26/23. FAILURE TO DO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  37. NOTICE FILED BY P1 MARY ANN FORTUNATO ATTORNEY JEFFREY J SNELL 0040513 NOTICE OF FILING PRELIMINARY JUDICIAL REPORT
  38. MOTION FOR EXTENSION OF TIME 10/12/2023 - GRANTED
  39. PLAINTIFF MUST SHOW CAUSE AS TO WHY IT HAS NOT COMPLIED WITH LOCAL RULE 24(A) BY FAILING TO FILE A PRELIMINARY JUDICIAL REPORT WITHIN FOURTEEN DAYS AFTER FILING THE COMPLAINT, ON OR BEFORE 10/6/23. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  40. CASE MGMNT CONFERENCE SET FOR 10/12/2023 AT 09:00 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  41. DEPOSIT AMOUNT PAID DAVID M LENEGHAN
  42. ANSWER AND COUNTERCLAIM $75 ANSWER TO COMPLAINT FOR PARTITION AND COUNTERCLAIM FOR COMPENSATORY & OTHER RELIEF
  43. DEFENDANT'S MOTION FOR LEAVE TO PLEA IS GRANTED. DEFENDANT MUST ANSWER OR OTHERWISE PLEAD ON OR BEFORE 9/12/23. NOTICE ISSUED
  44. MOTION FILED FOR D1 FRANK A. FORTUNATO DAVID M LENEGHAN 0062025 DEFENDANT'S MOTION FOR LEAVE TO PLEA AND EXTENSION OF DEADLINE TO ANSWER AND RESPOND TO COMPLAINT 08/30/2023 - GRANTED
  45. NOTICE OF APPEARANCE, FILED D1 FRANK A. FORTUNATO DAVID M LENEGHAN 0062025. NOTICE OF APPEARANCE
  46. USPS RECEIPT NO. 51083955 DELIVERED BY USPS 07/18/2023 FRANK A. FORTUNATO/UNKNOWN SPOUSE OF/ PROCESSED BY COC 07/26/2023.
  47. USPS RECEIPT NO. 51083954 DELIVERED BY USPS 07/18/2023 FORTUNATO/FRANK/A. PROCESSED BY COC 07/26/2023.
  48. SUMS COMPLAINT(51083955) SENT BY CERTIFIED MAIL. TO: UNKNOWN SPOUSE OF FRANK A. FORTUNATO 13730 MILO ROAD GARFIELD HEIGHTS, OH 44125
  49. SUMS COMPLAINT(51083954) SENT BY CERTIFIED MAIL. TO: FRANK A. FORTUNATO 13730 MILO ROAD GARFIELD HEIGHTS, OH 44125
  50. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  51. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. NOTICE ISSUED
  52. SUMMONS E-FILE COPY COST
  53. WRIT FEE
  54. SUMMONS E-FILE COPY COST
  55. WRIT FEE
  56. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  57. LEGAL RESEARCH
  58. LEGAL NEWS
  59. LEGAL AID
  60. COURT SPECIAL PROJECTS FUND
  61. COMPUTER FEE
  62. CLERK'S FEE
  63. DEPOSIT AMOUNT PAID JEFFREY J SNELL

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