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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-14
Status INACTIVE
Type Tort M.v. Accident
Docket 52 entries

Parties

Plaintiff Progressive Direct Insurance Company|Founders Insurance Company
Defendant Darnisha Valerie Houston
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. REGULAR MAIL SERVICE RECEIPT NO. 55548678 RETURNED 12/23/2024 FAILURE OF SERVICE ON DEFENDANT HOUSTON/DARNISHA/VALERIE NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  3. JUDGMENT ENTRY(55548678) SENT BY REGULAR MAIL SERVICE. TO: DARNISHA VALERIE HOUSTON 7410 NEVILLE AVE. CLEVELAND, OH 44102
  4. JUDGMENT ENTRY(55548677) SENT BY EMAIL. TO: DARRIN A ZOMBRO [email protected]
  5. JUDGMENT ENTRY(55548676) SENT BY EMAIL. TO: KRISTEN E CAMPBELL [email protected]
  6. JUDGMENT ENTRY(55548675) SENT BY EMAIL. TO: KRISTEN E CAMPBELL [email protected]
  7. JUDGMENT ENTRY(55548674) SENT BY EMAIL. TO: PATRICK O'MALLEY [email protected]
  8. JUDGMENT ENTRY(55548673) SENT BY EMAIL. TO: PATRICK O'MALLEY [email protected]
  9. JUDGMENT ENTRY(55548672) SENT BY EMAIL. TO: HERBERT L NUSSLE [email protected]
  10. PENDING BEFORE THE COURT IS PLAINTIFF PROGRESSIVE DIRECT INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT, FILED 10/28/2024. AS OF 12/09/2024, NO OPPOSITION BRIEF HAS BEEN FILED. DESPITE THE LACK OF AN OPPOSITION BRIEF, THE COURT HAS CAREFULLY CONSIDERED PLAINTIFF'S MOTION AND EXHIBITS. "PURSUANT TO CIV. R. 56, SUMMARY JUDGMENT IS APPROPRIATE WHEN (1) THERE IS NO GENUINE ISSUE OF MATERIAL FACT; (2) THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW; AND (3) REASONABLE MINDS CAN COME TO BUT ONE CONCLUSION AND THAT CONCLUSION IS ADVERSE TO THE NON-MOVING PARTY, SAID PARTY BEING ENTITLED TO HAVE THE EVIDENCE CONSTRUED MOST STRONGLY IN [ITS] FAVOR." ZIVICH V. MENTOR SOCCER CLUB, INC., 82 OHIO ST.3D 367, 369-370, 1998-OHIO-389, 696 N.E.2D 201. ONCE THE MOVING PARTY SATISFIES ITS BURDEN, THE BURDEN SHIFTS TO THE NON-MOVING PARTY, WHICH "MAY NOT REST ON MERE ALLEGATIONS OR DENIALS OF THE PARTY'S PLEADINGS," BUT INSTEAD MUST, "BY AFFIDAVIT OR AS OTHERWISE PROVIDED IN THIS RULE ... SET FORTH SPECIFIC FACTS SHOWING THAT THERE IS A GENUINE ISSUE FOR TRIAL." OHIO R. CIV. P. 56(E); DRESHER V. BURT, 75 OHIO ST.3D 280, 293, 1996-OHIO-107, 662 N.E.2D 264. IN ORDER TO WITHSTAND A MOTION FOR SUMMARY JUDGMENT, A PARTY IS REQUIRED TO ESTABLISH, THROUGH COMPETENT, ADMISSIBLE EVIDENCE, THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT. OHIO R. CIV. P. 56(E). IN TURNER V. TURNER, 67 OHIO ST.3D 337, 1993-OHIO-176, 617 N.E.2D 1123, THE OHIO SUPREME COURT ADOPTED THE ANALYSIS OF MATERIALITY ANNOUNCED BY THE UNITED STATES SUPREME COURT: "AS TO MATERIALITY, THE SUBSTANTIVE LAW WILL IDENTIFY WHICH FACTS ARE MATERIAL. ONLY DISPUTES OVER FACTS THAT MIGHT AFFECT THE OUTCOME OF THE SUIT UNDER THE GOVERNING LAW WILL PROPERLY PRECLUDE THE ENTRY OF SUMMARY JUDGMENT." ID. AT 340 (QUOTING ANDERSON V. LIBERTY LOBBY, INC., 477 U.S. 242, 248, 106 S.CT. 2505, 91 L.ED.2D 202 (1986)). "MATERIAL FACTS ARE THOSE FACTS THAT MIGHT AFFECT THE OUTCOME OF THE SUIT UNDER THE GOVERNING LAW OF THE CASE." HOUSE V. KIRTLAND CAPITAL PARTNERS, 158 OHIO APP.3D 68, 2004-OHIO-3688, 814 N.E.2D 65, 17 (11TH DIST.). DETERMINATION OF WHAT A "MATERIAL FACT" IS IN A PARTICULAR CASE DEPENDS UPON THE SUBSTANTIVE LAW OF THE CLAIM BEING LITIGATED. CALLOS PROFESSIONAL EMP., LLC V. GRECO, 161 OHIO APP.3D 531, 2005-OHIO-2940, 831 N.E.2D 446, 20 (7TH DIST.) (CITING HOYT, INC. V. GORDON & ASSOCS., INC., 104 OHIO APP.3D 598, 603, 662 N.E.2D 1088 (8TH DIST. 1995)); BFI WASTE SYS. V. CITY OF GARFIELD HTS., 94 OHIO APP.3D 62, 69, 640 N.E.2D 227 (8TH DIST. 1994). THE COURT FINDS AND CONCLUDES THAT PLAINTIFF HAS SUPPORTED ITS MOTION WITH ADMISSIBLE EVIDENCE AND CONCISE, COMPELLING LEGAL ARGUMENTS. DEFENDANT, BY CONTRAST, HAS NOT COME FORWARD WITH COMPETENT, ADMISSIBLE EVIDENCE SUGGESTING THAT THERE IS A GENUINE ISSUE FOR TRIAL. PLAINTIFF'S UNOPPOSED MOTION FOR SUMMARY JUDGMENT IS WELL TAKEN AND IS HEREBY GRANTED. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT JUDGMENT BE RENDERED AGAINST THE DEFENDANT IN THE AMOUNT OF $20,832.99, TOGETHER WITH STATUTORY INTEREST AND COSTS EXPENDED. THIS ENTRY DISPOSES OF ALL CLAIMS IN THIS CASE, CONSTITUTES A FINAL JUDGMENT IN THIS ACTION, AND IS A FINAL, APPEALABLE ORDER. NO JUST CAUSE FOR DELAY. 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
  11. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT
  12. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT, FILED 09/25/2024, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. PLAINTIFF IS TO FILE ANY DISPOSITIVE MOTION WITHIN SEVEN (7) DAYS OF THE DATE OF THIS ENTRY. NOTICE ISSUED
  13. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT 10/21/2024 - UNOPPOSED AND GRANTED
  14. PLAINTIFF'S MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT, FILED 07/26/2024, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. PLAINTIFF IS HEREBY GRANTED LEAVE TO FILE ITS MOTION FOR SUMMARY JUDGMENT. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT SHALL BE FILED WITHIN 14 DAYS OF THE DATE OF THIS ENTRY. NOTICE ISSUED
  15. PRETRIAL HELD ON 08/02/2024. COUNSEL FOR PLAINTIFF PARTICIPATED. DEFENDANT HOUSTON PARTICIPATED PRO SE. MS. HOUSTON WAS REFERRED TO THE COURT RESOURCE CENTER FOR INFORMATION REGARDING PLAINTIFF'S MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT, WHICH REMAINS PENDING. COUNSEL AND DEFENDANT HOUSTON AGREED TO THE FOLLOWING FINAL PRETRIAL AND TRIAL DATES: FINAL PRETRIAL SET FOR 01/23/2025 AT 10:00 AM. ALL PARTIES AND CHOSEN REPRESENTATIVES MUST BE PRESENT WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY. IF THE REAL PARTY IN INTEREST IS AN INSURANCE COMPANY, CORPORATION, COMMON CARRIER, OR OTHER ENTITY, THEN THE CHOSEN REPRESENTATIVE MUST BE THE PERSON WITH FULL, FINAL, AND IMMEDIATE AUTHORITY TO NEGOTIATE AND ENTER INTO A BINDING SETTLEMENT AGREEMENT AS TO ALL CLAIMS. A GOVERNMENTAL ENTITY SHALL SEND A REPRESENTATIVE AUTHORIZED TO ACT ON ITS BEHALF. PARTIES ARE EXPECTED TO NEGOTIATE IN GOOD FAITH. FAILURE TO DO SO MAY RESULT IN SANCTIONS. THE PARTIES ARE FURTHER DIRECTED TO SUBMIT PRETRIAL STATEMENTS AT LEAST SEVEN (7) DAYS IN ADVANCE OF THE FINAL PRETRIAL. THE PRETRIAL STATEMENTS SHALL SET FORTH THE FOLLOWING: (1) STATEMENT OF FACTS AND LEGAL ISSUES; (2) STATEMENT OF REAL FACTUAL AND LEGAL ISSUES IN DISPUTE; (3) STIPULATIONS; (4) LIST OF NON-EXPERT TRIAL WITNESSES WITH A BRIEF SUMMARY OF EXPECTED TESTIMONY; (5) LIST OF EXPERT TRIAL WITNESSES WITH REPORTS ATTACHED; (6) SPECIAL LEGAL PROBLEMS ANTICIPATED; (8) PRETRIAL MOTIONS CONTEMPLATED; (9) LATEST DEMAND/OFFER. ON SOME OCCASIONS THE COURT'S SCHEDULE MAY PREVENT THE JUDGE FROM CONDUCTING THE FINAL PRETRIAL CONFERENCE IN PERSON. IF THE ATTORNEYS BELIEVE IT IS ABSOLUTELY NECESSARY THAT THE JUDGE CONDUCT THE FINAL PRETRIAL IN PERSON, THE PARTIES ARE DIRECTED TO CONTACT THE JUDICIAL STAFF ATTORNEY AT LEAST SEVENTY-TWO (72) HOURS IN ADVANCE TO MAKE SUCH A REQUEST. IN ANY INSTANCE WHERE THE JUDGE HAS A CONFLICT, THE COURT WILL RESET THE FINAL PRETRIAL IN ORDER TO ALLOW THE JUDGE TO PRESIDE IN PERSON. JURY TRIAL SET FOR 03/26/2025 AT 09:00 AM. ANY MOTION TO CONTINUE THE TRIAL DATE SHALL BE MADE IN WRITING AND CAPTIONED "MOTION TO CONTINUE THE TRIAL DATE." IF ALL PARTIES OR CERTAIN PARTIES AGREE TO THE MOTION TO CONTINUE THE TRIAL DATE, SUCH AGREEMENT SHALL BE REFLECTED IN THE CAPTION. THE COURT WILL NOT RULE ON AMBIGUOUSLY TITLED MOTIONS WHICH ARE, IN EFFECT, MOTIONS FOR A CONTINUANCE (E.G., A MOTION TO RESET CASE MANAGEMENT SCHEDULE). ANY MOTION FILED WHICH DOES NOT FULFILL THE CRITERIA ABOVE WILL BE SUMMARILY DENIED OR STRICKEN. NOTICE ISSUED
  16. NOTICE FILED BY P1 PROGRESSIVE DIRECT INSURANCE COMPANY ATTORNEY PATRICK O'MALLEY 0064987 NOTICE OF FILING
  17. MOTION FILED FOR P1 PROGRESSIVE DIRECT INSURANCE COMPANY PATRICK O'MALLEY 0064987 MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT 09/16/2024 - UNOPPOSED AND GRANTED
  18. PRETRIAL SET FOR 08/02/2024 AT 11:00 AM. VIDEO PRETRIAL CONFERENCE IS RESCHEDULED TO THE DATE AND TIME REFERENCED ABOVE. ZOOM LOGIN CREDENTIALS CONTAINED IN THE COURT'S 02/02/2024 JOURNAL ENTRY REMAIN UNCHANGED. NOTICE ISSUED
  19. PRETRIAL SCHEDULED FOR 07/19/2024 AT 09:00 AM IS CANCELLED.
  20. THE MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT DARNISHA VALERIE HOUSTON, FILED 06/12/2024, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. THE CLERK OF COURTS IS DIRECTED TO ENSURE THAT THE DOCKET IS UPDATED SO THAT FURTHER NOTICES ARE MAILED TO DEFENDANT HOUSTON AT HER LAST KNOWN ADDRESS ON THE DOCKET. SAID DEFENDANT IS HEREBY PROVIDED THE TELEPHONE NUMBER AND EMAIL ADDRESS FOR THE COURT'S PRO SE RESOURCE CENTER: (216) 443-8204 [email protected] DEFENDANT HOUSTON IS REQUIRED TO APPEAR AT THE 07/19/2024 9:00 AM VIDEO PRETRIAL CONFERENCE EITHER PRO SE OR THROUGH NEW COUNSEL. COUNSEL FOR PLAINTIFF IS DIRECTED TO DELIVER TO DEFENDANT HOUSTON, BY REGULAR MAIL OR EMAIL, (1) A COPY OF THE WITHIN ENTRY; AND (2) A COPY OF THE COURT'S 02/02/2024 JOURNAL ENTRY, WHICH CONTAINS INSTRUCTIONS FOR JOINING THE VIDEO CONFERENCE. NOTICE ISSUED
  21. MOTION TO WITHDRAW AS COUNSEL 07/08/2024 - UNOPPOSED AND GRANTED
  22. THE MOTION FOR SUMMARY JUDGMENT OF INTERVENING PLAINTIFF FOUNDERS, FILED 04/08/2024, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. BASED ON THE COMPLAINT FOR DECLARATORY JUDGMENT, THE FOUNDER POLICY LANGUAGE WHICH PROHIBITS OPERATION OF A VEHICLE BY TEMPORARY PERMITTED DRIVERS WITHOUT A LICENSED DRIVER IN THE VEHICLE, AND PURSUANT TO THE CONCLUSIVE FACTS ESTABLISHED ON THE RECORD INCLUDING THE FACT THAT THERE WAS NOT A LICENSED DRIVER IN THE VEHICLE WITH DARNISHA HOUSTON AT THE TIME OF THE ACCIDENT, THERE IS NO COVERAGE UNDER THE FOUNDERS POLICY. ACCORDINGLY, THE COURT GRANTS SUMMARY JUDGMENT IN FAVOR OF INTERVENING PLAINTIFF FOUNDERS INSURANCE COMPANY. THERE IS NO CONTINUED DUTY TO DEFEND DARNISHA HOUSTON IN THE SUBJECT LAWSUIT OR TO INDEMNIFY ANY PARTY FOR DAMAGES AWARDED TO OR ON BEHALF OF THE PLAINTIFF. NOTICE ISSUED
  23. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT OF INTERVENING PLAINTIFF FOUNDERS 05/14/2024 - UNOPPOSED AND GRANTED
  24. INTERVENING PLAINTIFF FOUNDERS INSURANCE COMPANY'S MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED, FILED 03/08/2024, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. NOTICE ISSUED
  25. MOTION FILED FOR P2 FOUNDERS INSURANCE COMPANY KRISTEN E CAMPBELL 0066452 MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED 03/26/2024 - UNOPPOSED AND GRANTED
  26. PRETRIAL HELD ON 02/02/2024. COUNSEL FOR ALL PARTIES PARTICIPATED BY VIDEO CONFERENCE AND PROVIDED THE COURT WITH AN UPDATE ON THE STATUS OF THE CASE. DISCOVERY IS ONGOING. DISPOSITIVE MOTION TO BE FILED BY 04/19/2024. RESPONSE/REPLY DUE PER OHIO R. CIV. P. 6(C). THE COURT WILL RULE ON ANY PENDING DISPOSITIVE MOTIONS NO LESS THAN THIRTY (30) DAYS PRIOR TO THE SCHEDULED TRIAL DATE. AT THE REQUEST OF ANY PARTY, THE COURT WILL SCHEDULE AND CONDUCT ORAL ARGUMENT ON PENDING MOTIONS FOR SUMMARY JUDGMENT. ANY SUCH REQUEST MUST BE MADE BY SEPARATE MOTION AND NOT, E.G., BY ROTE ADDITION TO A PLEADING CAPTION. CLIENTS MUST BE PRESENT AT ORAL ARGUMENT, WHICH SHALL TAKE PLACE ON THE RECORD IN OPEN COURT. IN THE EVENT THAT PERSONAL ATTENDANCE AT ORAL ARGUMENT WILL CREATE AN UNDUE HARDSHIP OR EXPENSE TO THE CLIENT, THE ATTORNEY REPRESENTING THE CLIENT MAY MOVE THE COURT TO ALLOW THE CLIENT TO APPEAR LIVE VIA VIDEO CONFERENCE. CLIENTS WILL NOT BE PERMITTED TO ATTEND BY TELEPHONE. PRETRIAL SET FOR 07/19/2024 AT 09:00 AM. THE PRETRIAL CONFERENCE WILL BE CONDUCTED BY VIDEO. PLEASE LOG IN TO THE CONFERENCE AT THE SPECIFIED TIME BY VISITING HTTPS://ZOOM.US/JOIN AND ENTERING THE FOLLOWING MEETING CREDENTIALS: MEETING ID: 898 8804 1935 PASSCODE: 426399 THE URL BELOW SHOULD PROVIDE ONE-CLICK ACCESS TO THE CONFERENCE, BUT PLEASE RELY ON THE MEETING ID AND PASSCODE ABOVE IF THE URL PROMPTS YOU FOR AN ID OR PASSCODE, OR RETURNS AN ERROR: HTTPS://US02WEB.ZOOM.US/J/89888041935?PWD=DVNVRTDNWXNYVLLZRKVKMEHIDUC1DZ09 TO DISCOURAGE ABUSE, ALL COUNSEL AND OTHER INDIVIDUALS PARTICIPATING MUST HAVE AN ACCOUNT WITH THE ZOOM VIDEO CONFERENCING SERVICE (HTTPS://ZOOM.US/). A PAID ZOOM ACCOUNT IS NOT REQUIRED; THE FREE TIER IS SUFFICIENT. PRIOR TO THE EVENT, PLEASE DOWNLOAD ZOOM TO A COMPUTER OR MOBILE DEVICE WITH A CAMERA, MICROPHONE, AND SPEAKERS. NEXT, ENSURE INTERNET BROWSER POP-UP BLOCKERS ARE DISABLED FOR ZOOM. FINALLY, CHECK THE CAMERA, MICROPHONE, AND SPEAKERS ON YOUR DEVICE TO MAKE SURE THEY ARE WORKING. ANY PARTY WHO FAILS TO PARTICIPATE IN THE PRETRIAL CONFERENCE WILL BE DEEMED TO HAVE ACCEPTED ANY SCHEDULING ORDER ESTABLISHED BY THE COURT. NOTICE ISSUED
  27. ANSWER FILED BY P1 PROGRESSIVE DIRECT INSURANCE COMPANY ATTORNEY PATRICK O'MALLEY 0064987 ANSWER OF PLAINTIFF PROGRESSIVE DIRECT INSURANCE COMPANY TO INTERVENING PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT
  28. NOTICE FILED BY P2 FOUNDERS INSURANCE COMPANY ATTORNEY KRISTEN E CAMPBELL 0066452 NOTICE OF SERVICE OF DISCOVERY REQUESTS
  29. PRETRIAL SET FOR 02/02/2024 AT 02:30 PM. THE PRETRIAL CONFERENCE WILL BE CONDUCTED BY VIDEO. PLEASE LOG IN TO THE CONFERENCE AT THE SPECIFIED TIME BY VISITING HTTPS://ZOOM.US/JOIN AND ENTERING THE FOLLOWING MEETING CREDENTIALS: MEETING ID: 850 5566 8848 PASSCODE: 625094 THE URL BELOW SHOULD PROVIDE ONE-CLICK ACCESS TO THE CONFERENCE, BUT PLEASE RELY ON THE MEETING ID AND PASSCODE ABOVE IF THE URL PROMPTS YOU FOR AN ID OR PASSCODE, OR RETURNS AN ERROR: HTTPS://US02WEB.ZOOM.US/J/85055668848?PWD=QVJHRFZGCU5CCKHIRGLJSJVVSVNQUT09 TO DISCOURAGE ABUSE, ALL COUNSEL AND OTHER INDIVIDUALS PARTICIPATING MUST HAVE AN ACCOUNT WITH THE ZOOM VIDEO CONFERENCING SERVICE (HTTPS://ZOOM.US/). A PAID ZOOM ACCOUNT IS NOT REQUIRED; THE FREE TIER IS SUFFICIENT. PRIOR TO THE EVENT, PLEASE DOWNLOAD ZOOM TO A COMPUTER OR MOBILE DEVICE WITH A CAMERA, MICROPHONE, AND SPEAKERS. NEXT, ENSURE INTERNET BROWSER POP-UP BLOCKERS ARE DISABLED FOR ZOOM. FINALLY, CHECK THE CAMERA, MICROPHONE, AND SPEAKERS ON YOUR DEVICE TO MAKE SURE THEY ARE WORKING. ANY PARTY WHO FAILS TO PARTICIPATE IN THE PRETRIAL CONFERENCE WILL BE DEEMED TO HAVE ACCEPTED ANY SCHEDULING ORDER ESTABLISHED BY THE COURT. NOTICE ISSUED
  30. DEPOSIT AMOUNT PAID KRISTEN E CAMPBELL
  31. INTERVENING COMPLAINT $75 INTERVENING PLAINTIFF FOUNDERS INSURANCE COMPANY'S COMPLAINT FOR DECLARATORY JUDGMENT
  32. PRETRIAL SCHEDULED FOR 12/08/2023 AT 8:30 AM IS CANCELLED. IN CONTRAVENTION OF THE COURT'S 11/08/2023 DIRECTIVE, INTERVENOR FOUNDERS INSURANCE COMPANY HAS NOT FILED ITS COMPLAINT FOR DECLARATORY JUDGMENT AND PAID THE ASSOCIATED FILING FEE. FOUNDERS INSURANCE COMPANY IS TO FILE SAID COMPLAINT WITHIN SEVEN DAYS OF THE DATE OF THIS ENTRY. FAILURE TO COMPLY WILL RESULT IN THE COURT VACATING ITS ORDER GRANTING INTERVENTION. NOTICE ISSUED
  33. PRETRIAL SCHEDULED FOR 12/08/2023 AT 08:30 AM IS CANCELLED.
  34. THE MOTION OF FOUNDERS INSURANCE COMPANY TO INTERVENE AS NEW PARTY PLAINTIFF AND TO STAY PROCEEDINGS, FILED 10/18/2023, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. INTERVENOR FOUNDERS INSURANCE COMPANY SHALL FILE ITS COMPLAINT FOR DECLARATORY JUDGMENT WITHIN SEVEN DAYS OF THE DATE OF THIS ENTRY. THE VIDEO PRETRIAL SET FOR 12/08/2023 AT 8:30 AM WILL PROCEED AS SCHEDULED. NOTICE ISSUED
  35. NOTICE FILED BY D1 DARNISHA VALERIE HOUSTON ATTORNEY DARRIN A ZOMBRO 0101113 NOTICE OF SERVICE
  36. CASE MGMNT CONFERENCE HELD ON 10/27/2023. COUNSEL FOR PLAINTIFF, COUNSEL FOR DEFENDANT, AND COUNSEL FOR PROPOSED INTERVENOR FOUNDERS INSURANCE COMPANY PARTICIPATED BY VIDEO CONFERENCE. THE COURT DEFERS ESTABLISHING A FULL LITIGATION SCHEDULE PENDING FULL BRIEFING AND RULING ON FOUNDERS INSURANCE COMPANY'S MOTION TO INTERVENE AND TO STAY PROCEEDINGS. A FURTHER PRETRIAL IS SCHEDULED AS FOLLOWS: PRETRIAL SET FOR 12/08/2023 AT 08:30 AM. THE PRETRIAL CONFERENCE WILL BE CONDUCTED BY VIDEO. PLEASE LOG IN TO THE CONFERENCE AT THE SPECIFIED TIME BY VISITING HTTPS://ZOOM.US/JOIN AND ENTERING THE FOLLOWING MEETING CREDENTIALS: MEETING ID: 842 6711 2683 PASSCODE: 014936 THE URL BELOW SHOULD PROVIDE ONE-CLICK ACCESS TO THE CONFERENCE, BUT PLEASE RELY ON THE MEETING ID AND PASSCODE ABOVE IF THE URL PROMPTS YOU FOR AN ID OR PASSCODE, OR RETURNS AN ERROR: HTTPS://US02WEB.ZOOM.US/J/84267112683?PWD=DVROK09XTKXPSUSYR0L1AXPTAGO0QT09 TO DISCOURAGE ABUSE, ALL COUNSEL AND OTHER INDIVIDUALS PARTICIPATING MUST HAVE AN ACCOUNT WITH THE ZOOM VIDEO CONFERENCING SERVICE (HTTPS://ZOOM.US/). A PAID ZOOM ACCOUNT IS NOT REQUIRED; THE FREE TIER IS SUFFICIENT. PRIOR TO THE EVENT, PLEASE DOWNLOAD ZOOM TO A COMPUTER OR MOBILE DEVICE WITH A CAMERA, MICROPHONE, AND SPEAKERS. NEXT, ENSURE INTERNET BROWSER POP-UP BLOCKERS ARE DISABLED FOR ZOOM. FINALLY, CHECK THE CAMERA, MICROPHONE, AND SPEAKERS ON YOUR DEVICE TO MAKE SURE THEY ARE WORKING. ANY PARTY WHO FAILS TO PARTICIPATE IN THE PRETRIAL CONFERENCE WILL BE DEEMED TO HAVE ACCEPTED ANY SCHEDULING ORDER ESTABLISHED BY THE COURT. NOTICE ISSUED
  37. GENERAL PLEADING FILED BY P1 PROGRESSIVE DIRECT INSURANCE COMPANY ATTORNEY PATRICK O'MALLEY 0064987 RULE 26(F) CONFERENCE REPORT
  38. MOTION FILED FOR KRISTEN E CAMPBELL 0066452 MOTION TO INTERVENE AS NEW PARTY PLAINTIFF 11/08/2023 - UNOPPOSED AND GRANTED
  39. CASE MGMNT CONFERENCE SET FOR 10/27/2023 AT 11:00 AM. PLEASE NOTE THAT THIS ORDER SPECIFICALLY REFERENCES CIVIL RULE 26 AS AMENDED EFFECTIVE JULY 2020, IN PARTICULAR THE REQUIREMENT THAT THE PARTIES FILE A WRITTEN DISCOVERY PLAN. THE CMC WILL BE CONDUCTED AS A VIDEO CONFERENCE. DO NOT APPEAR IN PERSON. PLEASE LOG IN TO THE CONFERENCE AT THE SPECIFIED TIME BY VISITING HTTPS://ZOOM.US/JOIN AND ENTERING THE FOLLOWING MEETING CREDENTIALS: MEETING ID: 813 4824 3768 PASSCODE: 434568 THE URL BELOW SHOULD PROVIDE ONE-CLICK ACCESS TO THE CONFERENCE, BUT PLEASE RELY ON THE MEETING ID AND PASSCODE ABOVE IF THE URL PROMPTS YOU FOR AN ID OR PASSCODE, OR RETURNS AN ERROR: HTTPS://US02WEB.ZOOM.US/J/81348243768?PWD=SDFIZUEVM0XGNWPUDNHCBWKZD2LXUT09 TO DISCOURAGE ABUSE, ALL COUNSEL AND OTHER INDIVIDUALS PARTICIPATING MUST HAVE AN ACCOUNT WITH THE ZOOM VIDEO CONFERENCING SERVICE (HTTPS://ZOOM.US/). A PAID ZOOM ACCOUNT IS NOT REQUIRED; THE FREE TIER IS SUFFICIENT. PRIOR TO THE EVENT, PLEASE DOWNLOAD ZOOM TO A COMPUTER OR MOBILE DEVICE WITH A CAMERA, MICROPHONE, AND SPEAKERS. NEXT, ENSURE INTERNET BROWSER POP-UP BLOCKERS ARE DISABLED FOR ZOOM. FINALLY, CHECK THE CAMERA, MICROPHONE, AND SPEAKERS ON YOUR DEVICE TO MAKE SURE THEY ARE WORKING. IN ADVANCE OF THE CONFERENCE, COUNSEL AND UNREPRESENTED PARTIES SHALL CONFER IN ACCORDANCE WITH OHIO R. CIV. P. 26(F)(1)-(2), AND SHALL THEREAFTER FILE A DISCOVERY PLAN IN ACCORDANCE WITH OHIO R. CIV. P. 26(F)(3). THE WRITTEN RULE 26(F) DISCOVERY PLAN SHALL BE FILED NO LATER THAN THREE BUSINESS DAYS PRIOR TO THE CASE MANAGEMENT CONFERENCE. DURING THE CASE MANAGEMENT CONFERENCE, SERVICE ISSUES, DISCOVERY PROGRESS AND SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL PARTICIPATING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER. THE PARTIES SHOULD NOT WAIT FOR THE CMC BEFORE BEGINNING TO CONDUCT DISCOVERY. EXCEPT IN COMPLEX CASES, TRIAL WILL BE SCHEDULED 7 TO 9 MONTHS OUT, WITH FINAL PRETRIALS AND/OR SETTLEMENT CONFERENCES SCHEDULED FROM 2 TO 6 WEEKS PRIOR TO TRIAL. ANY PARTY WHO FAILS TO PARTICIPATE IN THE CMC WILL BE DEEMED TO HAVE ACCEPTED THE SCHEDULING ORDER ESTABLISHED BY THE COURT. NOTICE ISSUED
  40. ANSWER FILED BY D1 DARNISHA VALERIE HOUSTON ATTORNEY DARRIN A ZOMBRO 0101113 ANSWER OF DEFENDANT
  41. USPS RECEIPT NO. 51389586 DELIVERED BY USPS 08/21/2023 HOUSTON/DARNISHA/VALERIE PROCESSED BY COC 08/30/2023.
  42. SUMS COMPLAINT(51389586) SENT BY CERTIFIED MAIL. TO: DARNISHA VALERIE HOUSTON 7410 NEVILLE AVE. CLEVELAND, OH 44102
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  46. LEGAL RESEARCH
  47. LEGAL NEWS
  48. LEGAL AID
  49. COURT SPECIAL PROJECTS FUND
  50. COMPUTER FEE
  51. CLERK'S FEE
  52. DEPOSIT AMOUNT PAID PATRICK O'MALLEY

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