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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-08-30
Status INACTIVE
Type Tort M.v. Accident
Docket 56 entries

Parties

Plaintiff Geico Secure Insurance Co Aso Datwan Durley Matesha Kincaid C/o Kreiner & Peters Co
Defendant Marshay T Murray
Photo of Hon. SHIRLEY STRICKLAND SAFFOLD

Judge

Hon. SHIRLEY STRICKLAND SAFFOLD

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(55130939) SENT BY REGULAR MAIL SERVICE. TO: MARSHAY T MURRAY 10203 GARFIELD AVE CLEVELAND, OH 44108
  3. JUDGMENT ENTRY(55130938) SENT BY EMAIL. TO: SHAUN D. BYROADS [email protected]
  4. JUDGMENT ENTRY(55130937) SENT BY EMAIL. TO: SHAUN D. BYROADS [email protected]
  5. MOTION FOR DEFAULT JUDGMENT, FILED 09/11/2024, IS GRANTED. PLAINTIFF APPEARED THROUGH COUNSEL; DEFENDANT MARSHAY T. MURRAY FAILED TO APPEAR. UPON THE EVIDENCE, THE COURT FINDS THAT PROPER SERVICE OF PROCESS ON DEFENDANT HAS BEEN OBTAINED, THAT DEFENDANT HAS FAILED TO PLEAD OR OTHERWISE RESPOND WITHIN THE TIME PERIOD SPECIFIED UNDER CIV.R. 12, AND THAT PLAINTIFF IS ENTITLED TO JUDGMENT AS BELOW IN PLAINTIFF'S FAVOR AGAINST THE DEFENDANT IN DEFAULT. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT PURSUANT TO CIV.R. 55, DEFAULT IS HEREBY RENDERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN ACCORDANCE WITH ATTACHED ORDER. FINAL. OSJ. IT IS SO ORDERED. 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
  6. GENERAL PLEADING FILED BY P1 GEICO SECURE INSURANCE CO ASO DATWAN DURLEY MATESHA KINCAID ATTORNEY SHAUN D. BYROADS 0077632 EVIDENCE IN SUPPORT OF DEFAULT
  7. CMC BY PHONE HELD ON 09/12/2024. PLAINTIFF APPEARED THROUGH COUNSEL; DEFENDANT FAILED TO APPEAR AND IS IN DEFAULT. ACCORDINGLY, DEFAULT HEARING SET. PLAINTIFF SHALL FILE MOTION FOR DEFAULT JUDGMENT NO LATER THAN 14 DAYS PRIOR TO DEFAULT HEARING OR CASE WILL BE DISMISSED FOR WANT OF PROSECUTION. DEFAULT HEARING SET FOR 10/09/2024 AT 01:15 PM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR THE PLAINTIFF SHALL FILE BEFORE THE HEARING: A PROPOSED JOURNAL ENTRY, AFFIDAVIT OF DAMAGES WITH PROOF OF DAMAGES ATTACHED, AFFIDAVIT OF MILITARY SERVICE WITH ATTACHED STATUS REPORT FROM THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER, AND A COPY OF THE LETTER SENT TO THE DEFENDANT BY CERTIFIED AND REGULAR MAIL AT LEAST 14 DAYS IN ADVANCE AS NOTICE OF THE HEARING. FAILURE OF PLAINTIFF'S COUNSEL TO SUBMIT THE ABOVE DOCUMENTS 48 HOURS BEFORE DEFAULT HEARING MAY RESULT IN CASE BEING DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. DEFENDANT MAY SEEK LEAVE TO SUBMIT AN ANSWER UP UNTIL DATE OF DEFAULT HEARING. FAILURE TO SUBMIT AN ANSWER WILL RESULT IN DEFAULT BEING GRANTED. IT IS SO ORDERED. NOTICE ISSUED
  8. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 10/22/2024 - GRANTED
  9. CMC BY PHONE HELD ON 08/28/2024. PLAINTIFF APPEARED THROUGH COUNSEL; DEFENDANT MARSHAY T MURRAY FAILED TO APPEAR AND HAS UNTIL 09/09/2024 TO FILE AN ANSWER. ACCORDINGLY, CMC RESET. CMC BY PHONE SET FOR 09/12/2024 AT 01:15 PM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE WILL RESULT IN A CASE MANAGEMENT SCHEDULE BEING SET WITHOUT THEIR INPUT AND MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. IT IS SO ORDERED. NOTICE ISSUED
  10. SUMS COMPLAINT(54528095) SENT BY REGULAR MAIL SERVICE. TO: MARSHAY T MURRAY 1066 E. 145TH STREET APT #3 CLEVELAND, OH 44110-0000 ANSWER DATE: 09/09/2024
  11. SUMMONS E-FILE COPY COST
  12. WRIT FEE
  13. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE REG MAIL
  14. CERTIFIED MAIL RECEIPT NO. 54333035 RETURNED 8/9/2024 FAILURE OF SERVICE ON DEFENDANT MURRAY/MARSHAY /T - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  15. SUMS COMPLAINT(54333035) SENT BY CERTIFIED MAIL. TO: MARSHAY T MURRAY 1066 E. 145TH STREET APT #3 CLEVELAND, OH 44110-0000
  16. SUMMONS E-FILE COPY COST
  17. WRIT FEE
  18. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE- E 145
  19. CMC RESET AS DEFENDANT MARSHAY T. MURRAY HAS NOT YET BEEN SERVED. CMC BY PHONE SET FOR 08/28/2024 AT 02:00 PM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE WILL RESULT IN A CASE MANAGEMENT SCHEDULE BEING SET WITHOUT THEIR INPUT AND MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. IT IS SO ORDERED. NOTICE ISSUED
  20. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 10/22/2024 - UNKNOWN
  21. CMC BY PHONE SCHEDULED FOR 07/09/2024 AT 02:00 PM IS CANCELLED.
  22. PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT, FILED 02/23/2024, IS GRANTED. CASE HEREBY REINSTATED TO THE ACTIVE DOCKET. PURSUANT TO CIVIL RULE 4(E), PLAINTIFF MUST SERVE THE DEFENDANT WITHIN 6 MONTHS OF FILING. CMC SET. CMC BY PHONE SET FOR 07/09/2024 AT 02:00 PM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE WILL RESULT IN A CASE MANAGEMENT SCHEDULE BEING SET WITHOUT THEIR INPUT AND MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. IT IS SO ORDERED. NOTICE ISSUED
  23. REGULAR MAIL SERVICE RECEIPT NO. 53082257 RETURNED 03/28/2024 FAILURE OF SERVICE ON DEFENDANT MURRAY/MARSHAY /T NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
  24. REFUND BALANCE OF CASE COST DEPOSIT TO KREINER & PETERS CO LPA
  25. MOTION FOR RELIEF FROM JUDGMENT $30 FILED BY SHAUN D. BYROADS (0077632) MOTION FOR RELIEF FROM JUDGMENT AND TO REINSTATE TO ACTIVE DOCKET AND GRANT MOTION FOR DEFAULT JUDGMENT 05/30/2024 - GRANTED
  26. DEPOSIT AMOUNT PAID SHAUN D. BYROADS
  27. JUDGMENT ENTRY(53082257) SENT BY REGULAR MAIL SERVICE. TO: MARSHAY T MURRAY 10203 GARFIELD AVE CLEVELAND, OH 44108
  28. JUDGMENT ENTRY(53082241) SENT BY EMAIL. TO: SHAUN D. BYROADS [email protected]
  29. JUDGMENT ENTRY(53082240) SENT BY EMAIL. TO: SHAUN D. BYROADS [email protected]
  30. MOTION FOR DEFAULT JUDGMENT, FILED 10/31/2023, IS DENIED. CASE CALLED FOR DEFAULT HEARING ON 01/04/2024. STATUS REPORT PURSUANT TO SERVICEMEMBERS CIVIL RELIEF ACT, FILED 01/03/2024 AND DOCKETED AS GENERAL PLEADING EVIDENCE IN SUPPORT OF DEFAULT, SHOWS THAT DEFENDANT MARSHAY T. MURRAY IS CURRENTLY SERVING ON ACTIVE DUTY IN THE ARMY NATIONAL GUARD. THE ONUS IS ON THE PLAINTIFF TO SHOW THAT ALL REQUIRMENTS UNDER 50 USCS SECTION 3931 HAVE BEEN SATISFIED WITH RESPECT TO SERVICEMEMBER. PLAINTIFF HAS FAILED TO ADDRESS AND SATISFY 50 USCS SECTION 3931. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS THEREFORE DENIED. CASE DISMISSED WITHOUT PREJUDICE. FINAL. IT IS SO ORDERED. COURT COST ASSESSED TO THE PLAINTIFF(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
  31. GENERAL PLEADING FILED BY P1 GEICO SECURE INSURANCE CO ASO DATWAN DURLEY MATESHA KINCAID ATTORNEY SHAUN D. BYROADS 0077632 EVIDENCE IN SUPPORT OF DEFAULT
  32. DEFAULT HEARING HELD 11/30/2023. PLAINTIFF APPEARED THROUGH COUNSEL; DEFENDANT MARSHAY T MURRAY FAILED TO APPEAR AND REMAINS IN DEFAULT. PLAINTIFF REQUESTED ADDITIONAL TIME TO FILE AFFIDAVIT. DEFAULT HEARING RESET. DEFAULT HEARING SET FOR 01/04/2024 AT 09:30 AM. DEFAULT HEARING WILL BE CONDUCTED BY TELEPHONE. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR THE PLAINTIFF SHALL FILE BEFORE THE HEARING: A MOTION FOR DEFAULT JUDGMENT, PROPOSED JOURNAL ENTRY, AFFIDAVIT OF DAMAGES WITH PROOF OF DAMAGES ATTACHED, AFFIDAVIT OF MILITARY SERVICE WITH ATTACHED STATUS REPORT FROM THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER, AND A COPY OF THE LETTER SENT TO THE DEFENDANT BY CERTIFIED AND REGULAR MAIL AT LEAST 14 DAYS IN ADVANCE AS NOTICE OF THE HEARING. FAILURE OF PLAINTIFF'S COUNSEL TO SUBMIT THE ABOVE DOCUMENTS BEFORE THE DATE OF THE HEARING WILL RESULT IN CASE BEING DISMISSED FOR FAILURE TO PROSECUTE. DEFENDANT MAY SEEK LEAVE TO SUBMIT AN ANSWER UP UNTIL DATE OF DEFAULT HEARING. FAILURE TO SUBMIT AN ANSWER WILL RESULT IN DEFAULT JUDGMENT BEING GRANTED. IT IS SO ORDERED. NOTICE ISSUED
  33. THE COURT IS IN RECEIPT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 10/31/23. CASE MGMNT CONFERENCE SET FOR 11/15/2023 IS CANCELLED. DEFAULT HEARING SET FOR 11/30/23 AT 09:00AM. DEFAULT HEARING WILL BE CONDUCTED BY TELEPHONE. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR THE PLAINTIFF SHALL FILE BEFORE THE HEARING: A MOTION FOR DEFAULT JUDGMENT, PROPOSED JOURNAL ENTRY, AFFIDAVIT OF DAMAGES WITH PROOF OF DAMAGES ATTACHED, AFFIDAVIT OF MILITARY SERVICE WITH ATTACHED STATUS REPORT FROM THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER, AND A COPY OF THE LETTER SENT TO THE DEFENDANT BY CERTIFIED AND REGULAR MAIL AT LEAST 14 DAYS IN ADVANCE AS NOTICE OF THE HEARING. FAILURE OF PLAINTIFF'S COUNSEL TO SUBMIT THE ABOVE DOCUMENTS BEFORE THE DATE OF THE HEARING WILL RESULT IN CASE BEING DISMISSED FOR FAILURE TO PROSECUTE. DEFENDANT MAY SEEK LEAVE TO SUBMIT AN ANSWER UP UNTIL DATE OF DEFAULT HEARING. FAILURE TO SUBMIT AN ANSWER WILL RESULT IN DEFAULT JUDGMENT BEING GRANTED. IT IS SO ORDERED. TELEPHONE DEFAULT HEARING SET FOR 11/30/23 AT 9:00AM. NOTICE ISSUED
  34. TELEPHONE DEFAULT HEARING SET FOR 11/30/2023 AT 09:00 AM. (Notice Sent).
  35. CASE MGMNT CONFERENCE SCHEDULED FOR 11/15/2023 AT 02:00 PM IS CANCELLED.
  36. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 02/16/2024 - DENIED
  37. CASE MGMNT CONFERENCE SET FOR 11/15/2023 AT 02:00 PM. CMC SHALL BE CONDUCTED BY PHONE. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 1-720-708-1090 AND ENTER ACCESS CODE 7235579# AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF SHALL INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE WILL RESULT IN A CASE MANAGEMENT SCHEDULE BEING SET WITHOUT THEIR INPUT AND MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. NOTICE ISSUED. NOTICE ISSUED
  38. USPS RECEIPT NO. 51807506 DELIVERED BY USPS 09/20/2023 MURRAY/MARSHAY /T PROCESSED BY COC 09/27/2023.
  39. SUMS COMPLAINT(51807506) SENT BY CERTIFIED MAIL. TO: MARSHAY T MURRAY SEC OF STATE OF OHIO ATT: LEGAL DPT 180 E BROAD STREET, 15TH FLOOR COLUMBUS, OH 43215-0000
  40. CHECK WRITTEN TO SECRETARY OF THE STATE OF OHIO FOR DOCKET ID 157867619 IN THE AMOUNT OF $5
  41. SUMMONS E-FILE COPY COST
  42. WRIT FEE
  43. REQUEST OF SERVICE $5 THROUGH THE SECRETARY OF THE STATE OF OHIO, ON MARSHAY T. MURRAY ALIAS SUMMONS SECRETARY OF STATE SERVICE
  44. DEPOSIT AMOUNT PAID SHAUN D. BYROADS
  45. CERTIFIED MAIL RECEIPT NO. 51675589 RETURNED 9/6/2023 FAILURE OF SERVICE ON DEFENDANT MURRAY/MARSHAY /T - MOVED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  46. SUMS COMPLAINT(51675589) SENT BY CERTIFIED MAIL. TO: MARSHAY T MURRAY 10203 GARFIELD AVE CLEVELAND, OH 44108
  47. SUMMONS E-FILE COPY COST
  48. WRIT FEE
  49. JUDGE SHIRLEY STRICKLAND SAFFOLD ASSIGNED (RANDOM)
  50. LEGAL RESEARCH
  51. LEGAL NEWS
  52. LEGAL AID
  53. COURT SPECIAL PROJECTS FUND
  54. COMPUTER FEE
  55. CLERK'S FEE
  56. DEPOSIT AMOUNT PAID SHAUN D. BYROADS

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