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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-12
Status INACTIVE
Type Tort M.v. Accident
Docket 48 entries

Parties

Plaintiff Brian P. Kozina
Defendant Mark J. Underwood|Ohio Department Of Medicaid
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. JUDGMENT ENTRY(53620530) SENT BY EMAIL. TO: CHRISTINA A. STRUBBE [email protected]
  3. JUDGMENT ENTRY(53620529) SENT BY EMAIL. TO: MARSHAL M. PITCHFORD [email protected]
  4. JUDGMENT ENTRY(53620528) SENT BY EMAIL. TO: JOSEPHINE V PROKOP [email protected]
  5. JUDGMENT ENTRY(53620527) SENT BY EMAIL. TO: JOSEPHINE V PROKOP [email protected]
  6. BY STIPULATION OF THE PARTIES, CASE DISMISSED WITH PREJUDICE. .. COST TO DEFENDANT MARK UNDERWOOD. .. FINAL. OSJ. 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
  7. FINAL PRETRIAL SCHEDULED FOR 10/24/2024 AT 10:00 AM IS CANCELLED.
  8. TRIAL SCHEDULED FOR 12/09/2024 AT 09:00 AM IS CANCELLED.
  9. STIPULATION FILED BY D1 MARK J. UNDERWOOD ATTORNEY JOSEPHINE V PROKOP 0028383 STIPULATION FOR DISMISSAL AND JUDGMENT ENTRY
  10. NOTICE OF SUBSTITUTION OF COUNSEL FILED
  11. CERTIFIED MAIL NUMBER 52667228 ADDRESSED TO MARK J. UNDERWOOD(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  12. CASE MANAGEMENT CONFERENCE HELD TELEPHONICALLY WITH COUNSEL PRESENT. THE FOLLOWING LITIGATION SCHEDULE HAS BEEN REQUESTED AND AGREED TO BY COUNSEL. PARTIES AND THEIR RESPECTIVE ATTORNEYS ARE REQUIRED TO ATTEND THE SETTLEMENT CONFERENCE, FINAL PRETRIAL AND TRIAL IN PERSON. LITIGATION CALENDAR: FACT DISCOVERY TERMINATES 05-31-24 COURT MEDIATION TO BE HELD BETWEEN 06-10-24 AND 06-24-24. PLAINTIFF EXPERT REPORT TO BE SUBMITTED ON 07-30-24. DEFENDANT EXPERT REPORT TO BE SUBMITTED ON 09-16-24. FINAL PRETRIAL SET FOR 10-24-24 @ 10:00 A.M. TRIAL SET FOR 12-09-24 @ 9:00 NOTICE ISSUED
  13. FINAL PRETRIAL SET FOR 10/24/2024 AT 10:00 AM. (Notice Sent).
  14. TRIAL SET FOR 12/09/2024 AT 09:00 AM. (Notice Sent).
  15. PURSUANT TO CIVIL RULE 56 THIS COURT HAS CONSIDERED THE DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAID'S' MOTION FOR SUMMARY JUDGMENT, THE PROPERLY ADMITTED EXHIBITS, AND, THE PLEADINGS. THE PLAINTIFF AND DEFENDANT MARK J. UNDERWOOD HAVE NOT FILED BRIEFS IN OPPOSITION TO THE INSTANT MOTION. THIS COURT IN CONSTRUING THE EVIDENCE STRONGLY IN FAVOR OF THE NONMOVING PARTIES, PLAINTIFF AND DEFENDANT MARK J. UNDERWOOD, FINDS THAT THE MOVING PARTY, THE DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAID, HAS MET ITS BURDEN AS THERE DOES NOT EXIST A GENUINE ISSUE OF MATERIAL FACT. DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAID'S MOTION FOR PARTIAL SUMMARY JUDGMENT, FILED 12/18/2023, IS UNOPPOSED AND GRANTED. THIS COURT ORDERS THE FOLLOWING: (1) PLAINTIFF AND THE DEFENSE TO PAY THE DEFENDANT OHIO DEPARTMENT OF MEDICAID $9,039.86 FROM ANY SETTLEMENT PROCEEDS; OR, (2) ALTERNATIVELY, SUMMARY JUDGMENT IN FAVOR OF DEFENDANT OHIO DEPARTMENT OF MEDICAID AND AGAINST DEFENDANT MARK J. UNDERWOOD AS MATTER OF LAW IN THAT SAME AMOUNT TO THE EXTENT AND ONLY IN THE EVENT OF A VERDICT IN FAVOR OF PLAINTIFF BRIAN P. KOZINA AS AGAINST ANY SUCH DEFENDANT; AND, (3) EXCUSING MEDICAID FROM ATTENDING TRIAL. NOTICE ISSUED
  16. ANSWER FILED BY D1 MARK J. UNDERWOOD ATTORNEY JOSEPHINE V PROKOP 0028383 ANSWER OF DEFENDANT MARK UNDERWOOD TO CROSS-CLAIM OF DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAID
  17. ANSWER FILED BY D1 MARK J. UNDERWOOD ATTORNEY JOSEPHINE V PROKOP 0028383 ANSWER OF DEFENDANT MARK UNDERWOOD
  18. CERTIFIED MAIL RECEIPT NO. 52667227 RETURNED 12/29/2023 FAILURE OF SERVICE ON DEFENDANT UNDERWOOD/MARK/J. - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  19. SUMS COMPLAINT(52667228) SENT BY CERTIFIED MAIL. TO: MARK J. UNDERWOOD 5574 HAUSERMAN RD. PARMA, OH 44130
  20. SUMS COMPLAINT(52667227) SENT BY CERTIFIED MAIL. TO: MARK J. UNDERWOOD 6558 AKRON RD. SMITHVILLE, OH 44677-0000
  21. SUMMONS E-FILE COPY COST
  22. WRIT FEE
  23. WRIT FEE
  24. SUMMONS E-FILE COPY COST
  25. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE OF COMPLAINT VIA CERTIFIED MAIL
  26. CERTIFIED MAIL NUMBER 52135495 ADDRESSED TO MARK J. UNDERWOOD(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  27. MOTION FILED FOR D2 OHIO DEPARTMENT OF MEDICAID MARSHAL M. PITCHFORD 0071202 DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAIDS MOTION FOR PARTIAL SUMMARY JUDGMENT 01/24/2024 - UNOPPOSED AND GRANTED
  28. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR PITCHFORD/MARSHAL/M. 11/29/2023 17:01:44
  29. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR PROKOP/JOSEPHINE/V 11/29/2023 17:01:44
  30. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HORNING/GERALD/R 11/29/2023 17:01:44
  31. CMC BY PHONE SET FOR 01/24/2024 AT 02:40 PM. CMC SHALL BE CONDUCTED BY PHONE, COURT TO INITIATE THE CALL. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR 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 MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO COMPLY WITH DISCOVERY PURSUANT TO CIVIL RULES OF PROCEDURE. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT.
  32. NOTICE OF APPEARANCE, FILED D1 MARK J. UNDERWOOD JOSEPHINE V PROKOP 0028383. ON BEHALF OF DEFENDANT UNDERWOOD
  33. ANSWER AND CROSSCLAIM $75 STATE OF OHIO, DEPARTMENT OF MEDICAID'S ANSWER AND CROSS-CLAIM
  34. USPS RECEIPT NO. 52135496 DELIVERED BY USPS 10/23/2023 OHIO DEPARTMENT OF MEDICAID PROCESSED BY COC 11/01/2023.
  35. SUMS COMPLAINT(52135496) SENT BY CERTIFIED MAIL. TO: OHIO DEPARTMENT OF MEDICAID 50 WEST TOWN STREET 4TH FLOOR COLUMBUS, OH 43215
  36. SUMS COMPLAINT(52135495) SENT BY CERTIFIED MAIL. TO: MARK J. UNDERWOOD 5574 HAUSERMAN RD. PARMA, OH 44130
  37. SUMMONS E-FILE COPY COST
  38. SUMMONS E-FILE COPY COST
  39. WRIT FEE
  40. WRIT FEE
  41. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  42. LEGAL RESEARCH
  43. LEGAL NEWS
  44. LEGAL AID
  45. COURT SPECIAL PROJECTS FUND
  46. COMPUTER FEE
  47. CLERK'S FEE
  48. DEPOSIT AMOUNT PAID GERALD R HORNING

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