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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-09-06
Status INACTIVE
Type Tort M.v. Accident
Docket 70 entries

Parties

Plaintiff Christian Mcfall|Donna Mcfall
Defendant Ricky Wooten|Geico|John Doe Entities #1 2
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. REFUND BALANCE OF CASE COST DEPOSIT TO SHAPERO & GREEN LLC
  3. JUDGMENT ENTRY(53822369) SENT BY EMAIL. TO: MARY RAYER [email protected]
  4. JUDGMENT ENTRY(53822368) SENT BY EMAIL. TO: MARY RAYER [email protected]
  5. JUDGMENT ENTRY(53822367) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  6. JUDGMENT ENTRY(53822366) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  7. STIPULATION FOR DISMISSAL AND JOURNAL ENTRY FILED 05/14/2024. THE COURT ADOPTS ALL PROVISIONS OF THE STIPULATION, INCLUDING RETENTION OF JURISDICTION FOR THE PURPOSE OF ENFORCING THE TERMS OF SETTLEMENT, INCLUDING THE RESOLUTION OF ANY LIENS. THIS ENTRY TERMINATES THE CASE. COSTS TO DEFENDANT RICKY WOOTEN. COURT COST ASSESSED AS DIRECTED. 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
  8. STIPULATION FILED BY D1 RICKY WOOTEN ATTORNEY MARY RAYER 0083913 STIPULATION FOR DISMISSAL
  9. JUDGMENT ENTRY(53639961) SENT BY EMAIL. TO: MARY RAYER [email protected]
  10. JUDGMENT ENTRY(53639960) SENT BY EMAIL. TO: MARY RAYER [email protected]
  11. JUDGMENT ENTRY(53639959) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  12. JUDGMENT ENTRY(53639958) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  13. MEDIATION HEARING HELD. ALL PARTIES APPEARED. THE PARTIES REACHED AN AGREEMENT TO SETTLE THE MATTER. 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. PLAINTIFFS' MOTION FOR EXTENSION OF DISCOVERY CUTOFF, FILED 02/14/2024, IS UNOPPOSED, IS WELL TAKEN, AND IS HEREBY GRANTED. DISCOVERY IS HEREBY EXTENDED 60 DAYS FROM THE PREVIOUS DEADLINE OF 02/29/2024, I.E., TO 04/29/2024. NOTICE ISSUED
  15. MEDIATION SET FOR 04/18/2024 AT 11:00 AM.
  16. MEDIATION SCHEDULED FOR 03/01/2024 AT 09:00 AM IS CANCELLED.
  17. MOTION FOR EXTENSION OF TIME PLAINTIFFS' MOTION FOR EXTENSION OF DISCOVERY CUTOFF 03/05/2024 - UNOPPOSED AND GRANTED
  18. JUDGMENT ENTRY(52914201) SENT BY EMAIL. TO: MARY RAYER [email protected]
  19. JUDGMENT ENTRY(52914200) SENT BY EMAIL. TO: MARY RAYER [email protected]
  20. JUDGMENT ENTRY(52914199) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  21. JUDGMENT ENTRY(52914198) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  22. JUDGMENT ENTRY(52914197) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  23. PURSUANT TO CIV. R. 41(A) DEFENDANT GEICO VOLUNTARILY DISMISSES ITS CROSS-CLAIM AGAINST DEFENDANT RICKY WOOTEN, WITHOUT PREJUDICE. ALL OTHER CLAIMS NOT PREVIOUSLY DISMISSED REMAIN PENDING. 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
  24. NOTICE FILED BY D2 GEICO ATTORNEY DEANNA K COLEMAN 0090501 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
  25. NOTICE FILED BY P1 CHRISTIAN MCFALL ATTORNEY BRIAN J GREEN 0063921 PLAINTIFF'S NOTICE OF SERVICE OF EXPERT REPORT AND CV
  26. MEDIATION SET FOR 03/01/2024 AT 09:00 AM. (Notice Sent).
  27. CASE MGMNT CONFERENCE HELD ON 11/17/2023. COUNSEL FOR DEFENDANT WOOTEN PARTICIPATED. COUNSEL FOR PLAINTIFF DID NOT PARTICIPATE. IN ADVANCE OF THE CONFERENCE, HOWEVER, THE PARTIES SUBMITTED A COMPREHENSIVE OHIO R. CIV. P. 26(F) REPORT, WHICH THE COURT ADOPTS WITH ONLY SLIGHT MODIFICATIONS: INITIAL DISCLOSURES TO BE EXCHANGED NO LATER THAN 12/08/2023. ALL DISCOVERY TO BE COMPLETED BY 02/29/2024. PLAINTIFF'S EXPERT REPORT DUE 02/29/2024. DEFENDANT'S EXPERT REPORT DUE 04/29/2024. DISPOSITIVE MOTION TO BE FILED BY 04/01/2024. 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. CASE REFERRED TO COURT MEDIATION ON 11/17/2023. MEDIATION TO TAKE PLACE IN FEBRUARY 2024. COUNSEL ARE TO CONTACT THE ADR DEPARTMENT TO SECURE A FIRM DATE FOR MEDIATION. FINAL PRETRIAL SET FOR 07/25/2024 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 08/28/2024 AT 09:30 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. THE PARTIES ARE FURTHER DIRECTED TO FAMILIARIZE THEMSELVES WITH THE COURT'S STANDING ORDER ON LITIGATION PREFERENCES, AVAILABLE AS OF THIS WRITING AT HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-DEENA-R-CALABRESE. THE PARTIES ARE EXPECTED TO REVIEW THE STANDING ORDER REGULARLY FOR UPDATES. THE STANDING ORDER APPLIES UNLESS SPECIFICALLY SUPERSEDED BY JOURNAL ENTRY. NOTICE ISSUED
  28. JUDGMENT ENTRY(52377131) SENT BY EMAIL. TO: DEANNA K COLEMAN [email protected]
  29. JUDGMENT ENTRY(52377130) SENT BY EMAIL. TO: MARY RAYER [email protected]
  30. JUDGMENT ENTRY(52377129) SENT BY EMAIL. TO: MARY RAYER [email protected]
  31. JUDGMENT ENTRY(52377128) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  32. JUDGMENT ENTRY(52377127) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  33. JUDGMENT ENTRY(52377126) SENT BY EMAIL. TO: BRIAN J GREEN [email protected]
  34. PURSUANT TO CIV. R. 41(A) PLAINTIFF CHRISTIAN MCFALL, DONNA MCFALL HEREBY VOLUNTARILY DISMISSES ALL CLAIMS AGAINST DEFENDANT GEICO ONLY, WITHOUT PREJUDICE. THIS CASE REMAINS PENDING AGAINST ALL OTHER DEFENDANTS. 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
  35. NOTICE FILED BY PLAINTIFF(S) CHRISTIAN MCFALL(P1) and DONNA MCFALL(P2) ATTORNEY BRIAN J GREEN 0063921 PLAINTIFFS' NOTICE OF PARTIAL DISMISSAL OF DEFENDANT GEICO
  36. CERTIFIED MAIL RECEIPT NO. 52129418 RETURNED 10/18/2023 FAILURE OF SERVICE ON DEFENDANT WOOTEN/RICKY/ - UNCLAIMED NOTICE MAILED TO DEFENDANT(S) ATTORNEY
  37. GENERAL PLEADING FILED BY PLAINTIFF(S) CHRISTIAN MCFALL(P1) and DONNA MCFALL(P2) ATTORNEY BRIAN J GREEN 0063921 JOINT PROPOSED DISCOVERY PLAN UNDER CIV.R.26(F)
  38. NOTICE FILED BY PLAINTIFF(S) CHRISTIAN MCFALL(P1) and DONNA MCFALL(P2) ATTORNEY BRIAN J GREEN 0063921 PLAINTIFF'S NOTICE OF DEFENDANT RICKY WOOTEN
  39. CASE MGMNT CONFERENCE SET FOR 11/17/2023 AT 10:00 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: 840 2403 0346 PASSCODE: 483793 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/84024030346?PWD=MDNQEC9UVMD1RLBIVTVZSJEYDWDPQT09 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. CERTIFIED MAIL RECEIPT NO. 52129418 RETURNED 10/18/2023 FAILURE OF SERVICE ON DEFENDANT WOOTEN/RICKY/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO DEFENDANT(S) ATTORNEY
  41. ANSWER FILED BY D1 RICKY WOOTEN ATTORNEY MARY RAYER 0083913 DEFENDANT'S RICKY WOOTEN ANSWER TO THE CROSS-CLAIM OF GEICO ADVANTAGE INSURANCE COMPANY
  42. ANSWER FILED BY D1 RICKY WOOTEN ATTORNEY MARY RAYER 0083913 ANSWER OF RICKY WOOTEN TO PLAINTIFFS' COMPLAINT
  43. SUMS CROSS-COMPLNT(52129418) SENT BY CERTIFIED MAIL. TO: RICKY WOOTEN 6168 WILD OAK DRIVE NORTH OLMSTED, OH 44070
  44. SUMMONS E-FILE COPY COST
  45. WRIT FEE
  46. PRAECIPE FILED PRAECIPE FOR SERVICE
  47. DEPOSIT AMOUNT PAID DEANNA K COLEMAN
  48. ANSWER AND CROSSCLAIM $75 ANSWER OF DEF GEICO WITH CROSS-CLAIM AGAINST CO-DEF WOOTEN
  49. USPS RECEIPT NO. 51958824 DELIVERED BY USPS 09/30/2023 WOOTEN/RICKY/ PROCESSED BY COC 10/04/2023.
  50. SUMS COMPLAINT(51958824) SENT BY CERTIFIED MAIL. TO: RICKY WOOTEN 19556 ROLLING BROOK LN COLUMBIA STATION, OH 44028-0000
  51. SUMMONS E-FILE COPY COST
  52. WRIT FEE
  53. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE OF COMPLAINT BY CERTIFIED MAIL TO RICKY WOOTEN
  54. CERTIFIED MAIL RECEIPT NO. 51795488 RETURNED 09/22/2023 FAILURE OF SERVICE ON DEFENDANT WOOTEN/RICKY/ - FORWARDING TIME EXPIRED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  55. GENERAL PLEADING FILED BY PLAINTIFF(S) CHRISTIAN MCFALL(P1) and DONNA MCFALL(P2) ATTORNEY BRIAN J GREEN 0063921 PLAINTIFF'S INITIAL DISCLOSURES
  56. CERTIFIED MAIL RECEIPT NO. 51795489 RETURNED BY U.S. MAIL DEPARTMENT 09/14/2023 GEICO MAIL RECEIVED AT ADDRESS 09/20/2023 TENDERED TO AGENT FOR FINAL DELIVERY
  57. SUMS COMPLAINT(51795489) SENT BY CERTIFIED MAIL. TO: GEICO ONE GEICO WAY MACON, GA 31296
  58. SUMS COMPLAINT(51795488) SENT BY CERTIFIED MAIL. TO: RICKY WOOTEN 6168 WILD OAK DRIVE NORTH OLMSTED, OH 44070
  59. SUMMONS E-FILE COPY COST
  60. SUMMONS E-FILE COPY COST
  61. WRIT FEE
  62. WRIT FEE
  63. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  64. LEGAL RESEARCH
  65. LEGAL NEWS
  66. LEGAL AID
  67. COURT SPECIAL PROJECTS FUND
  68. COMPUTER FEE
  69. CLERK'S FEE
  70. DEPOSIT AMOUNT PAID BRIAN J GREEN

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