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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-03-23
Status INACTIVE
Type Complex Litigation
Docket 211 entries

Parties

Plaintiff Power Built Construction, Llc
Defendant Jason Brown|Kim Brown|Bill Gingerich Construction|J.g. Masonry|Pacheco Cement, Inc.|Edgell Plumbing|Jose Martinez|Solid Rock Excavating, Inc.|Mr .efis Construction|Premier Bank
Photo of Hon. JOHN J RUSSO

Judge

Hon. JOHN J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. TRIAL BY JURY SCHEDULED FOR 02/02/2026 AT 09:00 AM IS CANCELLED. JUDGE: JOHN J RUSSO (345) REASON: RESOLUTION (notice sent).
  3. COURT REPORTER FEE
  4. MOTION IN LIMINE HEARING HELD 1/22/26. ALL PARTIES PRESENT. ISSUES PRESENTED ON THE RECORD, WHICH THE COURT SUMMARIZES HEREIN. ATTORNEY SPANO APPEARED ON BEHALF PREMIER BANK TO PLACE ON THE RECORD THE PARTIES AGREEMENT AS TO THE LIEN PRIORITY OF THE MORTGAGE ON THE PROPERTY. SAID STIPULATION WAS FILED IN THIS COURT ON 6/13/25. ALL ISSUES WILL BE TRIED TO THE JURY, THERE WILL BE NO BIFURCATION OF ISSUES FOR TRIAL. THE MOTION FOR JURY IS GRANTED. PLAINTIFF TO BEAR ALL REASONABLE COSTS OF JURY VIEW. JURY VIEW TO TAKE PLACE ONCE A JURY IS EMPANELLED. A SINGULAR INSTRUCTION WILL BE GIVEN TO THE JURORS BY THE COURT AS DETAILED AND AGREED TO BY COUNSEL ON THE RECORD. MOTION IN LIMINE REGARDING EXCLUSION OF MEDIA REPORTS OR SOCIAL MEDIA ITEMS IS GRANTED. MOTION IN LIMINE REGARDING THE EXCLUSION OF THE NEDERVALD INC. REPORT (ENGINEERS GERBICK AND BOUCHER) IS DENIED. THE REPORT CAN BE ENTERED INTO EVIDENCE. MOTION IN LIMINE REGARDING THE EXCLUSION OF THE KRALY REPORT IS DENIED. EXPERT IS PERMITTED TO TESTIFY AS TO WHAT ITEMS CAN BE FIXED OR NOT FIXED. KRALY WILL NOT BE PERMITTED TO SPECULATE AS TO WHAT PLAINTIFF POWERBUILT WOULD HAVE, OR COULD HAVE DONE REGARDING REPAIRS. THE COURT HAS TAKEN UNDER ADVISEMENT THE FOLLOWING MOTIONS: 3RD PARTY DEFENDANT PACHECO'S MOTION TO CAP DAMAGES AND PLAINTIFF'S MOTION TO EXCLUDE TESTIMONY AS TO MOLD ILLNESS. THE COURT WILL ISSUE A RULING THE WEEK OF 1/26/26. NOTICE ISSUED
  5. GENERAL PLEADING FILED BY D8 SOLID ROCK EXCAVATING, INC. ATTORNEY MATTHEW R PLANEY 0066662 DEFENDANT SOLID ROCK EXCAVATING, INC.'S SUPPLEMENTAL WITNESS LIST
  6. GENERAL PLEADING FILED BY D6 EDGELL PLUMBING ATTORNEY MARK A GREER 0037198 DEFENDANT EDGELL PLUMBING'S WITNESS LIST AND EXHIBIT LIST
  7. GENERAL PLEADING FILED BY P1 POWER BUILT CONSTRUCTION, LLC ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S SUPPLEMENTAL EXHIBIT LIST
  8. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BRIEF IN OPPOSITION TO JURY VIEW
  9. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BRIEF IN OPPOSITION TO PACHECO MOTION TO LIMIT DAMAGES
  10. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BRIEF IN OPPOSITION TO POWER BUILT CONSTRUCTION'S MOTION TO EXCLUDE MOLD AND ILLNESS TESTIMONY
  11. BRIEF FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 DEFENDANTS' TRIAL BRIEF, INCLUDING EXHIBIT LIST AND WITNESS LIST
  12. BRIEF FILED BY D5 PACHECO CEMENT, INC. JAMES L. SALMON 0072233 PACHECO CEMENT INC TRIAL BRIEF
  13. GENERAL PLEADING FILED BY D8 SOLID ROCK EXCAVATING, INC. ATTORNEY MATTHEW R PLANEY 0066662 DEFENDANT SOLID ROCK EXCAVATING, INC.'S PROPOSED EXHIBIT LIST
  14. GENERAL PLEADING FILED BY D8 SOLID ROCK EXCAVATING, INC. ATTORNEY MATTHEW R PLANEY 0066662 DEFENDANT SOLID ROCK EXCAVATING, INC.'S PROPOSED WITNESS LIST
  15. GENERAL PLEADING FILED BY D5 PACHECO CEMENT, INC. ATTORNEY JAMES L. SALMON 0072233 MEMO IN OPPOSITION TO THE BROWNS' MOTION IN LIMINE
  16. BRIEF FILED BY P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S TRIAL BRIEF
  17. GENERAL PLEADING FILED BY P1 POWER BUILT CONSTRUCTION, LLC ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S PROPOSED EXHIBIT LIST
  18. GENERAL PLEADING FILED BY P1 POWER BUILT CONSTRUCTION, LLC ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S PROPOSED WITNESS LIST
  19. BRIEF IN OPPOSITION FILED BY P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 BRIEF IN OPPOSITION TO DEFENDENT MIL TO EXCLUDE KRALY'S REPORT
  20. MOTION FILED FOR P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 MOTION FOR JURY VIEW OF PREMISES
  21. AFFIDAVIT FILED BY D5 PACHECO CEMENT, INC. ATTORNEY JAMES L. SALMON 0072233 AFFIDAVIT OF JAMES L. SALMON, ESQ.
  22. MOTION FILED FOR D5 PACHECO CEMENT, INC. JAMES L. SALMON 0072233 MOTION TO LIMIT DAMAGES AGAINST PACHECO CEMENT, INC. IN EXCESS OF THE COST TO REPLACE THE CONCRETE
  23. SUBPOENA SERVICE RETURN FILED, DENNIS R FOGARTY (0055563) SUBPOENA RETURN DAN PERNO
  24. MOTION IN LIMINE PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S MOTION IN LIMINE TO PRECLUDE EVIDENCE, TESTIMONY OR REFERENCE TO NEWS REPORTS, NEWSPAPER ARTICLES, INTERNET MEDICA REFERENCES, OR OTHER MEDIA STORIES OR REPORTS
  25. MOTION IN LIMINE POWER BUILT V. BROWN MIL FOR LACK OF EXPERT TESTIMONY
  26. AT THE IN-PERSON ATTORNEY CONFERENCE HELD 1/8/26, COUNSEL FOR POWERBUILT REQUESTED THAT A JURY VIEW BE CONDUCTED OF THE SUBJECT PROPERTY. FOR THIS COURT TO APPROVE AND ORDER A JURY VIEW, THE FOLLOWING REQUIREMENTS MUST BE MET: THE PARTIES MUST AGREE AS TO THE SCOPE OF THE JURY VIEW. THE COURT SHALL BE PROVIDED WITH A SPECIFIC ROUTE THAT JURORS WILL TAKE ONCE THEY REACH THE PROPERTY. SPECIFIC ITEMS OF INTEREST TO BE VIEWED SHOULD BE HIGHLIGHTED AND AGREED UPON. COUNSEL WILL ACCOMPANY THE JURORS IN SEPARATE TRANSPORTATION. COUNSEL FOR POWERBUILT WILL PROVIDE TRANSPORTATION FOR THE JURY, COURT STAFF, AND TWO COUNTY DEPUTIES AT ITS OWN COSTS. ANY OTHER ISSUES REGARDING THE JURY VIEW WILL BE ADDRESSED AT THE HEARING ON 1/22/26, SO COUNSEL SHOULD BE PREPARED TO ADVISE AND ARGUE THOSE ISSUES IF NECESSARY. ADDITIONALLY, THE COURT ORDERS THAT COUNSEL PREPARE A BRIEF, AGREED-UPON, NEUTRAL STATEMENT OF THE CASE TO BE READ TO JURORS. THE COURT ANTICIPATES THAT THE JURY VIEW WILL TAKE PLACE ON THE FIRST DAY OF TRIAL, SUBJECT TO ANY UNFORESEEN ISSUES THAT MAY ARISE. NOTICE ISSUED
  27. ALL MOTIONS IN LIMINE AND BRIEFS IN OPPOSITION SHALL BE FILED IN ACCORDANCE WITH CIV. R. 6(C)(2). AT THE IN PERSON ATTORNEY CONFERENCE HELD 1/8/26, COUNSEL FOR POWERBUILT REQUESTED LEAVE TO FILE A MOTION IN LIMINE. OVER DEFENDANT'S OBJECTION THE COURT ALLOWED ADDITIONAL MOTIONS IN LIMINE TO BE FILED BY 1/12/26 AND ANY OPPOSITION TO BE FILED BY 1/20/26. DUE TO THE PROXIMITY OF TRIAL, THE COURT WILL NOT ACCEPT WRITTEN EVIDENTIARY MOTIONS AFTER 1/12/26. THE COURT HEREBY SELECTS 1/22/25 AT 10:30 AM, COURTROOM 16-B FOR THE HEARING DATE REGARDING ALL EVIDENTIARY ISSUES. THE COURT WILL HEAR ORAL ARGUMENT ON THE PENDING MOTIONS IN LIMINE. FURTHERMORE, THE COURT WILL CONDUCT A REVIEW OF ALL EXHIBITS (DOCUMENTARY, VIDEO, AND AUDIO). THE PURPOSE OF THE EXHIBIT REVIEW IS FOR COUNSEL OF RECORD TO ADVISE TO COURT AS TO WHETHER ANY EXHIBIT WAS CREATED, ALTERED OR MANIPULATED IN WAY BY ARTIFICIAL INTELLIGENCE, AND TO ENSURE THAT NO EXHIBITS ARE REPETITIVE OR DUPLICATIVE IN NATURE. WITH RESPECT TO JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS, THE PARTIES ARE TO PROVIDE THE COURT WITH A COMPLETE WORKING SET OF AGREED JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS NO LATER THAN 1/26/26. OBJECTIONS AND/OR ALTERNATIVE INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS MUST BE SUBMITTED WITH EXPLANATORY BRIEFS BY THE CLOSE OF BUSINESS 1/28/26. THE COURT INTENDS TO HAVE ALL ISSUES INVOLVING JURY INSTRUCTIONS AND OTHER JURY MATERIALS DEFINITIVELY RESOLVED, WITH A COMPLETE SET OF INSTRUCTIONS IN PLACE, PRIOR TO VOIR DIRE. TO COMPLY WITH THE DIRECTIVE ABOVE, COUNSEL MUST CONFER AND COLLABORATE ON THE PREPARATION OF AGREED INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS TO THE FULLEST EXTENT POSSIBLE. THE COURT HOLDS PARTIES WITH THE BURDENS OF PROOF RESPONSIBLE FOR COORDINATING THE PREPARATION AND FILING OF AGREED JURY INSTRUCTIONS AND RELATED FORMS. THE FAILURE TO FILE A SET OF AGREED INSTRUCTIONS BY THE CLOSE OF BUSINESS 1/30/26 WILL RESULT IN THE USE OF THE OJI WITHOUT FURTHER INPUT FROM THE PARTIES. COUNSEL FOR THE BROWNS HAS ELECTED TO PREPARE JURY DOCUMENTS ON THE CLAIM FOR VIOLATIONS OF THE HOME CONSTRUCTION SERVICE SUPPLIERACT (HCSSA). JURY INSTRUCTIONS AND RELATED MATERIALS MUST BE EMAILED TO THE COURT'S STAFF ATTORNEY IN MS-WORD FORMAT AT [email protected]. ON THE DATE OF TRIAL, THE COURT ORDERS THAT THE PARTIES PREPARE A JOINT BINDER OF THE EXHIBITS AND PROVIDE COPIES FOR THE COURT AND THE WITNESS STAND. IN THE EVENT THAT THERE ARE OBJECTIONS TO DEPOSITION TESTIMONY THAT REQUIRE A COURT RULING PRIOR TO TRIAL, THE PARTIES SHALL PREPARE AND SUBMIT VIA EMAIL TO THE COURT'S STAFF ATTORNEY AN OBJECTION LOG FOR THE COURT ON OR BEFORE 1/29/26. THE COURT RESERVES THE RIGHT TO AMEND THIS ORDER IN THE WEEKS PRIOR TO TRIAL AS CIRCUMSTANCES MAY EVOLVE AND FAIRNESS MAY DICTATE. HEARING SET FOR 01/22/2026 AT 10:30 AM. HEARING ON EVIDENTIARY MOTIONS. ORAL ARGUMENTS WILL BE HEARD. ONLY COUNSEL NEED APPEAR. ANY STIPULATIONS SHALL ALSO BE PLACED ON THE RECORD. NOTICE ISSUED
  28. MOTION IN LIMINE MOTION IN LIMINE TO EXCLUDE EXPERT REPORT OF NEDERVELD ENGINEERS GERBICK AND BOUCHER FOR PACHECO CEMENT
  29. MOTION IN LIMINE MOTION IN LIMINE TO EXCLUDE EXPERT REPROT OF RICHARD KRALY
  30. DEFENDANT PREMIER BANK'S MOTION TO BE EXCUSED FROM ATTENDANCE AT MEDIATION, FILED 10/28/2025, IS UNOPPOSED AND GRANTED. NOTICE ISSUED
  31. MOTION FILED FOR D10 PREMIER BANK JOSEPH N. SPANO 0098381 MOTION TO BE EXCUSED FROM ATTENDANCE AT MEDIATION
  32. DEFENDANTS' MOTION TO RECONSIDER NEW CASE MANAGEMENT SCHEDULE ORDER IN LIEU OF AN IMMEDIATE TRIAL, FILED 07/30/2025, IS DENIED. NOTICE ISSUED
  33. GENERAL PLEADING FILED BY D5 PACHECO CEMENT, INC. ATTORNEY JAMES L. SALMON 0072233 RESPONSE TO BROWN DEFENDANTS' MOTION TO RECONSIDER NEW CASE MANAGEMENT SCHEDULE ORDER IN LIEU OF IMMEDIATE TRIAL
  34. BRIEF IN OPPOSITION FILED BY P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 POWER BUILT'S BRIEF IN OPPOSITION TO DEFENDANT JASON BROWN'S MOTION TO RECONSIDER NEW CASE MANAGEMENT SCHEDULE ORDER IN LIEU OF AN IMMEDIATE TRIAL
  35. MOTION FILED FOR DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 MOTION TO RECONSIDER NEW CASE MANAGEMENT SCHEDULE ORDER IN LIEU OF AN IMMEDIATE TRIAL
  36. DEFENDANT SOLID ROCK EXCAVATING, INC.'S JOINDER IN DEFENDANT PACHECO CEMENT, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS, FILED 05/27/2025, IS MOOT. MOTION OF THIRD-PARTY DEFENDANT PACHECO CEMENT, LLC, FOR JUDGMENT ON THE PLEADINGS REGARDING ALL CLAIMS ASSERTED AGAINST IT BY THE PLAINTIFF POWER BUILT CONSTRUCTION, LLC, FILED 05/09/2025, IS DENIED. NOTICE ISSUED
  37. STIPULATION FILED BY D10 PREMIER BANK ATTORNEY JOSEPH N. SPANO 0098381 JOINT STIPULATIONS OF FACT BY POWER BUILT CONSTRUCTION, LLC, JASON N. BROWN, KIMBERLY M. BROWN, AND PREMIER BANK
  38. MOTION FOR EXTENSION OF TIME BY PREMIER BANK TO DETERMINE LIEN PRIORITY, FILED 05/20/2025, IS GRANTED. LIEN PRIORITY TO BE DETERMINED BY 6/13/25. NOTICE ISSUED
  39. D8 SOLID ROCK EXCAVATING, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS. MATTHEW R PLANEY 0066662 DEFENDANT SOLID ROCK EXCAVATING, INC.'S JOINDER IN DEFENDANT PACHECO CEMENT, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS
  40. BRIEF IN OPPOSITION FILED BY P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 BRIEF IN OPPOSITION TO DEFENDANT PACHECO'S MOTION FOR JUDGMENT ON THE PLEADINGS
  41. MOTION FOR EXTENSION OF TIME REQUEST FOR EXTENSION OF TIME & NOTICE OF MERGER
  42. D5 PACHECO CEMENT, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS. JAMES L. SALMON 0072233 MOTION OF THIRD-PARTY DEFENDANT PACHECO CEMENT, LLC, FOR JUDGMENT ON THE PLEADINGS REGARDING ALL CLAIMS ASSERTED AGAINST IT BY THE PLAINTIFF POWER BUILT CONSTRUCTION, LLC
  43. DEFENDANT BROWNS' MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S AND THIRD-PARTY DEFENDANTS' EXPERT WITNESSES AND REPORTS, FILED 05/06/2025, IS MOOT, AS THE COURT AMENDED THE CASE MANAGMENT ORDER AT THE ATTORNEY CONFERENCE HELD 5/6/25. BROWN DEFENDANTS TO INVESTIGATE WHETHER THE RECENTLY FILED MOTION TO COMPEL FILED 5/6/25 CAN BE WITHDRAWN PURSUANT TO THE DISCUSSION BETWEEN COUNSEL AT THE CONFERENCE. NOTICE ISSUED
  44. UPON ORAL MOTION OF THE PLAINTIFF MADE AT THE IN PERSON ATTORNEY CONFERENCE HELD 5/6/25, THE COURT FINDS GOOD CAUSE TO GRANT SAID ORAL MOTION TO DEEM THE CAPTIONED MATTER AS COMPLEX LITIGATION. ACCORDINGLY THIS CASE WILL BE CONVERTED FROM A DESIGNATION OF CONTRACT-BUSINESS TO COMPLEX LITIGATION BY ORDER OF THIS COURT. NOTICE ISSUED
  45. ATTORNEY CONFERENCE HELD ON 05/06/2025. ATTORNEYS FOGARTY (PLAINTIFF), MEYERS (BROWN DEFENDANTS), SACERICH (PACHECO CEMENT DEFENDANT), GREER (EDGELL DEFENDANT), PLANEY (SOLID ROCK DEFENDANT), AND SPANO (PREMIER BANK DEFENDANT) PRESENT. CASE STATUS DISCUSSED. PLAINTIFF MADE AN ORAL MOTION TO DEEM THIS CASE COMPLEX LITIGATION, WHICH THE COURT GRANTED. AN ORDER DEEMING THE CASE COMPLEX WILL BE ISSUED UNDER SEPARATE ENTRY. THE CASE MANAGEMENT SCHEDULE IS THEREFORE AMENDED AS FOLLOWS: EXPERT DISCOVERY IS ONGOING. EXPERT REPORTS FOR THE PARTY WITH BURDEN OF PROOF: 8/6/25. REBUTTAL EXPERT REPORTS: 9/30/25. DISPOSITIVE MOTION TO BE FILED BY 09/30/2025. OPPOSITION DUE 10/28/25. REPLIES DUE 11/4/25. STIPULATION AS TO THE PRIORITY OF LIENS TO BE FILED BY 5/20/25. PARTIES TO FURTHER EXAMINE WAYS TO STREAMLINE THE LITIGATION FOR TRIAL, INCLUDING THE POSSIBLE DISMISSAL OF DEFENDANTS EDGELL AND SOLID ROCK EXCAVATING. FINAL PRETRIAL SET FOR 01/08/2026 AT 01:00 PM. COURTROOM 16-B. CLIENTS OR AUTHORIZED REPRESENTATIVES ARE REQUIRED TO BE PRESENT. INFORMATION ON THE SETTLEMENT PROCESS THE COURT UTILIZES IS AVAILABLE ON JUDGE JOHN RUSSO'S WEB PAGE ON THE COUNTY WEBSITE AT HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-JOHN-J-RUSSO/. JURY TRIAL SET FOR 02/02/2026 AT 09:00 AM. COURTROOM 16-B. IN ACCORDANCE WITH CIV.R. 6, THE COURT ORDERS THAT ANY MOTION IN LIMINE IS TO BE FILED AT LEAST 28 DAYS BEFORE THE TRIAL. ANY RESPONSE IS DUE 14 DAYS THEREAFTER. NO REPLY SHALL BE PERMITTED. THE COURT ADDITIONALLY ORDERS THAT 14 DAYS BEFORE THE TRIAL ALL PARTIES ARE TO FILE THE FOLLOWING: (1) TRIAL BRIEFS, (2) WITNESS LISTS, (3) EXHIBIT LISTS, (4) JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS IF APPLICABLE, (5) STIPULATIONS, AND (6) AN AGREED UPON STATEMENT OF THE CASE TO BE READ TO THE JURY. WITH RESPECT TO JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS, THE PARTIES ARE TO PROVIDE THE COURT WITH ONE CONSOLIDATED SET OF INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS THAT INCLUDES ALL THE INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS TO WHICH THE PARTIES AGREE AND THAT IDENTIFIES ALL THE INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS TO WHICH THE PARTIES DISAGREE. A COURTESY COPY OF THE PARTIES' CONSOLIDATED SET OF JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS IN WORD FORMAT SHOULD BE EMAILED TO THE COURT'S STAFF ATTORNEY. ON THE DATE OF TRIAL, THE COURT ORDERS THAT THE PARTIES PREPARE EITHER A JOINT OR SEPARATE BINDER OF THE EXHIBITS AND PROVIDE COPIES FOR THE COURT, THE WITNESS STAND, AND OPPOSING COUNSEL. NOTICE ISSUED
  46. MOTION FILED FOR DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BROWNS' MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S AND THIRD-PARTY DEFENDANTS' EXPERT WITNESSES AND REPORTS
  47. MOTION FILED FOR DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BROWNS' MOTION FOR PLAINTIFF TO SHOW CAUSE AS TO WHY IT SHOULD NOT BE SANCTIONED FOR FALSE CERTIFICATION OF COMPLIANCE WITH DISCOVERY ORDER
  48. PURSUANT TO NOTICE FILED 5/1/25, PLAINTIFF HAS WITHDRAWN ITS MOTION FOR DEFAULT JUDGMENT AS AGAINST DEFENDANT MR. EFIS CONSTRUCTION. SERVICE WAS COMPLETED ON SAID DEFENDANT ON OR ABOUT 8/16/25 ACCORDING TO THE COURT DOCKET, AND NO ANSWER HAS BEEN FILED ON BEHALF OF SAID DEFENDANT. PLAINTIFF'S WITHDRAWAL OF ITS DEFAULT MOTION INDICATES AN ABSENCE OF INTENT TO PROSECUTE AS TO THIS DEFENDANT; ACCORDINGLY, THE MOTION FOR DEFAULT IS MARKED AS WITHDRAWN AND DEFENDANT MR. EFIS CONSTRUCTION IS DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  49. NOTICE FILED BY P1 POWER BUILT CONSTRUCTION, LLC ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF'S NOTICE OF WITHDRAWAL OF THE MOTION FOR DEFAULT JUDGMENT
  50. THE COURT HAS FURTHER REVIEWED THE PROCEEDINGS OF THIS MATTER FROM THE PREVIOUS COURT, AND FINDS AS FOLLOWS: 1) THE MOTION FOR DEFAULT JUDGMENT ON THE SECOND AMENDED COMPLAINT AS TO DEFENDANT MR. EFIS CONSTRUCTION, FILED 10/9/24, WAS NEVER RULED UPON. ACCORDINGLY, SAID MOTION WILL BE CONSIDERED BY THE COURT AT THE ATTORNEY CONFERENCE ON 5/6/25. PLAINTIFF TO PROVIDE THE COURT WITH THE FOLLOWING: (1) THE CONTRACT(S), ASSIGNMENT(S), ACCOUNT STATEMENT(S), OR WRITTEN INSTRUMENT(S) UPON WHICH PLAINTIFF SEEKS JUDGMENT; (2) AN AFFIDAVIT OF SERVICE OF THE COMPLAINT; (3) AN AFFIDAVIT OF DAMAGES; (4) A MILITARY AFFIDAVIT, IF APPLICABLE; AND (5) A PROPOSED JUDGMENT ENTRY. FAILURE TO PROVIDE ANY OF THE ABOVE INFORMATION WILL RESULT IN DISMISSAL OF DEFENDANT MR. EFIS CONSTRUCTION. 2) THE FOLLOWING DEFENDANTS ARE HEREBY DISMISSED FROM THIS ACTION PURSUANT TO CIV.R. 4(E). "IF A SERVICE OF THE SUMMONS AND COMPLAINT IS NOT MADE UPON A DEFENDANT WITHIN SIX MONTHS AFTER THE FILING OF THE COMPLAINT AND THE PARTY ON WHOSE BEHALF SUCH SERVICE WAS REQUIRED CANNOT SHOW GOOD CAUSE WHY SUCH SERVICE WAS NOT MADE WITHIN THAT PERIOD. THE ACTION SHALL BE DISMISSED WITHOUT PREJUDICE UPON THE COURT'S OWN INITIATIVE WITH NOTICE TO SUCH PARTY OR UPON MOTION.": DEFENDANT BILL GINGERICH CONSTRUCTION; DEFENDANT JOSE MARTINEZ ARE HEREBY DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  51. ATTORNEY CONFERENCE SET FOR 05/06/2025 AT 01:30 PM. (Notice Sent).
  52. THE COURT HAS BEFORE IT FOR CONSIDERATION DEFENDANT BROWNS' MOTION TO EXTEND DISCOVERY AND EXPERT DEADLINES BY THIRTY DAYS, FILED 1/10/25, AND THE REQUEST OF DEFENDANT PACHECO CEMENT CO'S REQUEST TO ENTER A NEW CASE MANAGEMENT ORDER. THIS COURT HEREBY DENIES THE FORMAL REQUEST TO EXTEND DISCOVERY AN ADDITIONAL THIRTY DAYS AND THE COURT FURTHER DECLINES TO SET THIS MATTER FOR A NEW CASE MANAGEMENT CONFERENCE MORE THAN TWO YEARS PAST THE FILING OF THIS COMPLAINT. IF THE PARTIES ELECT AND AGREE TO INFORMALLY PROCEED WITH DISCOVERY, THAT IS THE PEROGATIVE OF THE PARTIES. THIS COURT, HOWEVER, DECLINES TO FORMALLY EXTEND ANY DATES AS PREVIOUSLY AGREED TO UNDER THE PRIOR COURT. DUE TO THE FACT THAT THE PRIOR COURT CONTINUED THE FINAL PRETRIAL AND TRIAL DATES PRIOR TO THE RECUSAL ORDER, THIS COURT WILL SET AN IMMEDIATE TRIAL DATE AT THE NEXT REGULARLY SCHEDULED COURT EVENT ON 5/6/25. DUE TO THE PROTRACTED NATURE OF THE LITIGATION AND NOTORIETY IN THE LOCAL PRESS SURROUNDING THIS MATTER, A FINAL PRETRIAL WILL LIKELY NOT BE NECESSARY. NOTICE ISSUED
  53. THE COURT HAS BEFORE IT FOR CONSIDERATION PLAINTIFF'S MOTION TO QUASH SUBPOENA, 1/30/25, DEFENDANT BROWN'S BRIEF IN OPPOSITION, 2/14/25, AND PLAINTIFF'S REPLY, 2/21/25. UPON REVIEW OF THE BRIEFS AS SUBMITTED FOR THE COURT'S CONSIDERATION THE COURT FINDS THAT PLAINTIFF'S MOTION FOR PROTECTIVE ORDER REGARDING THE DEPOSITION OF PLAINTIFF'S ATTORNEY DENNIS FOGARTY BY DEFENDANTS JASON AND KIM BROWN IS GRANTED, AND THE MOTION TO QUASH SUBPOENA ISSUED 1/23/25 IS HEREBY QUASHED. THE COURT DECLINES TO FIND THAT ATTORNEY FOGARTY IS A NECESSARY WITNESS, BECAUSE THERE ARE OTHER MEANS BY WHICH PLAINTIFF'S CAN OBTAIN THE DESIRED INFORMATION, AND THE COMPLAINTS REGARDING ATTORNEY FOGARTY'S ROLE IN PREPARATION OF THE MECHANICS LIEN ARE ANCILLARY ISSUES DESIGNED TO CONFUSE AND CONFOUND THE SITUATION UNNECESSARILY; THAT THE INFORMATION SOUGHT IS BOTH RELEVANT AND NON-PRIVILEGED; AND FURTHER, THAT ANY INFORMATION ATTORNEY FOGARTY WOULD PROVIDE REGARDING THE MECHANICS LIEN FILED ON THE SUBJECT PROPERTY IS CRUCIAL TO MOVING THE CASE ALONG, ESPECIALLY IN LIGHT OF THE FACT THAT THE CAPTIONED CASE IS MORE THAN TWO YEARS OLD. NOTICE ISSUED
  54. CAPTIONED CASE BEING ORIGINALLY ASSIGNED TO JUDGE JOHN J SPELLACY (387) AND FOR GOOD CAUSE SHOWN, THIS MATTER IS HEREBY REASSIGNED AND TRANSFERRED TO THE DOCKET OF JUDGE JOHN J RUSSO (345) FOR FURTHER PROCEEDINGS ACCORDING TO LAW. NOTICE ISSUED
  55. THE COURTROOM OF JUDGE JOHN J. RUSSO HAS BEEN NOTIFIED THAT THIS MATTER IS NOW UNDER THE JURISDICTION OF HIS COURT. THE COURT STAFF ATTORNEY NOTES THAT THIS MATTER HAS BEEN PREVIOUSLY SET FOR A TELEPHONE ATTORNEY CONFERENCE ON 5/6/25 AT 1:30 PM. DUE TO THE AGE AND PACE OF TIHS CASE, AND THE PENDING DISCOVERY MOTIONS THAT THE COURT IS NOW REVIEWING, THE SCHEDULED MATTER IS CONVERTED TO AN IN-PERSON ATTORNEY CONFERENCE. ALL COUNSEL SHALL BE PRESENT IN COURTROOM 16-B TO DISCUSS THE MATTER WITH THE COURT'S STAFF ATTORNEY. THE COURT FURTHER NOTES THAT THIS MATTER WAS SET FOR TRIAL BEFORE JUDGE SPELLACY ON 5/12/25 BUT WAS CONTINUED, LIKELY DUE TO THE RECUSAL. THIS MATTER WAS FILED ON 3/23/23. UPON REVIEW OF THE RECORD, THIS COURT WILL ISSUE IMMEDIATE RULINGS ON ANY PENDING MOTIONS PROVIDED THEY ARE RIPE FOR REVIEW. IN THE EVENT THAT BRIEFING TIMES HAVE NOT YET EXPIRED, COUNSEL SHOULD BE PREPARED TO ADHERE TO AN EXPEDITED BRIEFING SCHEDULE AS SET OUT BY THE COURT'S STAFF ATTORNEY ON 5/6/25. THIS COURT HEREBY NOTIFIES COUNSEL THAT THIS MATTER WILL BE BROUGHT TO SWIFT AND JUST ADJUDICATION FORTHWITH. NOTICE ISSUED
  56. TRIAL SCHEDULED FOR 05/12/2025 AT 09:00 AM IS CANCELLED.
  57. REPLY BRIEF FILED BY P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR PROTECTIVE ORDER/ATTORNEY DENNIS FOGARTY'S MOTION TO QUASH SUBPOENA
  58. TRANSCRIPT FILED DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) ATTORNEY DANIEL J. MYERS 0087909 TRANSCRIPT OF DEPOSITION OF PARKER BERZIN - PART I
  59. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BROWNS' BRIEF IN OPPOSITION TO MOTION TO QUASH SUBPOENA AND OPPOSITION TO MOTION FOR PROTECTIVE ORDER
  60. TELEPHONE CONFERENCE SET FOR 02/27/2025 AT 01:30 PM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  61. BROWNS' MOTOIN FOR ONE DAY EXTENSION TO OPPOSE MOTION FOR PROTECTIVE ORDER AND TO QUASH SUBPOENA, FILED 02/13/2025, IS GRANTED. NOTICE ISSUED
  62. MOTION FOR EXTENSION OF TIME BROWNS' MOTOIN FOR ONE DAY EXTENSION TO OPPOSE MOTION FOR PROTECTIVE ORDER AND TO QUASH SUBPOENA
  63. MOTION FILED FOR P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 PLAINTIFF POWER BUILT CONSTRUCTION, LLC'S MOTION FOR PROTECTIVE ORDER & ATTORNEY DENNIS FOGARTY'S MOTION TO QUASH SUBPOENA
  64. GENERAL PLEADING FILED BY D5 PACHECO CEMENT, INC. ATTORNEY MATTHEW F.X. CRAVEN 0089654 REPLY TO BROWNS' BRIEF IN OPPOSITION TO CONTINUING DATES OTHER THAN DISCOVERY AND EXPERT DEADLINES
  65. NOTICE OF FILING OF SUBPOENA FILED $2, DANIEL J. MYERS (0087909) SUBPOENA TO DENNIS FOGARTY
  66. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 BROWNS' BRIEF IN OPPOSITION TO CONTINUING DATES OTHER THAN DISCOVERY ADN EXPERT DEADLINES
  67. GENERAL PLEADING FILED BY D5 PACHECO CEMENT, INC. ATTORNEY MATTHEW F.X. CRAVEN 0089654 RESPONSES TO DEFENDANTS BROWNS MOTION TO EXTEND DEADLINES AND SEPARATE MOTION TO VACATE TRIAL DATE AND ENTER NEW CASE MANAGEMENT ORDER
  68. NOTICE FILED BY D5 PACHECO CEMENT, INC. ATTORNEY MATTHEW F.X. CRAVEN 0089654 NOTICE OF APPEARANCE OF COUNSEL FOR DEFENDANT PACHECO CEMENT, INC.
  69. MOTION FOR EXTENSION OF TIME MOTION TO EXTEND DISCOVERY AND EXPERT DEADLINES BY THIRTY DAYS
  70. ANSWER FILED BY D8 SOLID ROCK EXCAVATING, INC. ATTORNEY MATTHEW R PLANEY 0066662 ANSWER OF DEFENDANT SOLID ROCK EXCAVATING INC. TO PLAINTIFF'S SECOND AMENDED COMPLAINT
  71. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT EDGELL PLUMBING FILED 10/09/2024, IS DENIED AS MOOT AS DEFENDANT EDGELL PLUMBING FILED AN ANSWER ON 10/30/2024. NOTICE ISSUED
  72. UPON PLAINTIFF'S NOTICE OF DISMISSAL, FILED 11/25/2024, DEFENDANT J.G. MASONRY IS DISMISSED WITHOUT PREJUDICE, PURSUANT TO CIV.R. 41(A)(1). NOTICE ISSUED
  73. DEFAULT HEARING SET FOR 12/18/2024 AT 11:30 AM. HEARING TO BE HELD VIA TELEPHONE. ALL PARTIES TO CONTACT THE COURT'S STAFF ATTORNEY AT 216-443-8601 AT THE TIME OF THE HEARING. THE FAILURE OF DEFENDANT TO APPEAR WILL RESULT IN A DEFAULT JUDGMENT. PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT IF NOT PREVIOUSLY FILED. PLAINTIFF MUST PROVIDE DEFENDANT(S) WITH NOTICE OF THE HEARING AND THE CALL-IN INFORMATION BY REGULAR MAIL AND CERTIFIED MAIL WITH RETURN RECEIPT AT LEAST SEVEN DAYS BEFORE THE HEARING. PLAINTIFF TO PROVIDE AN AFFIDAVIT OF DAMAGES AND MILITARY SERVICE, A PROPOSED JUDGMENT ENTRY, AND A COPY OF THE CORRESPONDENCE PLAINTIFF SENT TO DEFENDANT ADVISING DEFENDANT OF THE DATE AND TIME OF THE HEARING, AND THE CALL-IN INFORMATION. FAILURE OF PLAINTIFF TO COMPLY WITH THIS ORDER MAY RESULT IN THE CASE BEING DISMISSED WITHOUT PREJUDICE, PURSUANT TO CIV.R. 41(B)(1). NOTICE ISSUED
  74. CASE CALLED FOR DEFAULT HEARING ON 11/21/2024. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANTS JASON BROWN, PREMIER BANK, EDGELL PLUMBING, AND SOLID ROCK EXCAVATING APPEARED THROUGH COUNSEL. DEFENDANT SOLID ROCK EXCAVATING GRANTED LEAVE THROUGH 12/5/2024 TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT. DEFAULT HEARING RE-SET AS TO REMAINING DEFENDANTS ON 12/18/2024 AT 11:30 A.M. ALL PREVIOUS LITIGATION DATES REMAIN. NOTICE ISSUED
  75. NOTICE FILED BY P1 POWER BUILT CONSTRUCTION, LLC ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF'S NOTICE OF DISMISSAL OF DEFENDANT J.G. MASONRY
  76. NOTICE OF APPEARANCE, FILED D6 EDGELL PLUMBING KATHLEEN MEREDITH KENNEDY 0103119. NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL
  77. ANSWER FILED BY D6 EDGELL PLUMBING ATTORNEY MARK A GREER 0037198 DEFENDANT EDGELL PLUMBING'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT
  78. NOTICE OF APPEARANCE, FILED D8 SOLID ROCK EXCAVATING, INC. MATTHEW R PLANEY 0066662. NOTICE OF APPEARANCE OF COUNSEL
  79. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD TO ANSWER SECOND AMENDED COMPLAINT NOVEMBER 20, 2024
  80. DEFAULT HEARING SET FOR 11/21/2024 AT 11:30 AM. AS TO DEFENDANTS EDGEHILL PLUMBING, MR EFIS CONSTRUCTION, AND SOLID ROCK EXCAVATING. HEARING TO BE HELD VIA TELEPHONE. ALL PARTIES TO CONTACT THE COURT'S STAFF ATTORNEY AT 216-443-8601 AT THE TIME OF THE HEARING. THE FAILURE OF DEFENDANT TO APPEAR WILL RESULT IN A DEFAULT JUDGMENT. PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT IF NOT PREVIOUSLY FILED. PLAINTIFF MUST PROVIDE DEFENDANT(S) WITH NOTICE OF THE HEARING AND THE CALL-IN INFORMATION BY REGULAR MAIL AND CERTIFIED MAIL WITH RETURN RECEIPT AT LEAST SEVEN DAYS BEFORE THE HEARING. PLAINTIFF TO PROVIDE AN AFFIDAVIT OF DAMAGES AND MILITARY SERVICE, A PROPOSED JUDGMENT ENTRY, AND A COPY OF THE CORRESPONDENCE PLAINTIFF SENT TO DEFENDANT ADVISING DEFENDANT OF THE DATE AND TIME OF THE HEARING, AND THE CALL-IN INFORMATION. FAILURE OF PLAINTIFF TO COMPLY WITH THIS ORDER MAY RESULT IN THE CASE BEING DISMISSED WITHOUT PREJUDICE, PURSUANT TO CIV.R. 41(B)(1). NOTICE ISSUED
  81. TELEPHONE CONFERENCE HELD. PLAINTIFF APPEARED THROUGH COUNSEL, DEFENDANTS JASON BROWN AND KIM BROWN APPEARED THROUGH COUNSEL. DEFENDANT PACHECO CEMENT APPEARED THROUGH COUNSEL. ALL OTHER DEFENDANTS FAILED TO APPEAR. THE PARTIES AGREED TO THE FOLLOWING SCHEDULE: FACT DISCOVERY TO BE COMPLETE BY 1/10/2025. PLAINTIFF'S EXPERT REPORT DUE 1/10/2025. DEFENDANTS' EXPERT REPORT DUE 2/28/2025. DISPOSITIVE MOTIONS DUE 1/31/2025; OPPOSITIONS AND REPLIES DUE PURSUANT TO CIV.R. 6. FINAL PRETRIAL SET FOR 04/22/2025 AT 02:00 PM. PARTIES WITH AUTHORITY TO SETTLE ARE TO BE PRESENT. OUT OF TOWN ADJUSTERS/PARTIES WITH AUTHORITY MAY BE PRESENT BY TELEPHONE AS LONG AS THEY FULLY PARTICIPATE IN A MEANINGFUL MANNER AND REMAIN AVAILABLE THROUGHOUT THE ENTIRE CONFERENCE. TRIAL SET FOR 05/12/2025 AT 09:00 AM. TO THE EXTENT POSSIBLE: ANY MOTIONS IN LIMINE ARE DUE 28 DAYS PRIOR TO THE START OF TRIAL; ANY RESPONSE MAY BE SERVED WITHIN 14 DAYS AFTER SERVICE OF THE MOTION. NO LATER THAN 5 DAYS BEFORE THE TRIAL DATE, THE COURT MUST RECEIVE FROM THE PARTIES PROPOSED/AGREED JURY INSTRUCTIONS, JURY INTERROGATORIES, JURY VERDICT FORMS, AND STIPULATIONS. THE PARTIES ARE TO ALSO EXCHANGE PROPOSED EXHIBITS 3 DAYS PRIOR TO TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. OBJECTIONS FOR TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT, ARE TO BE GIVEN TO THE COURT 3 DAYS BEFORE THE DAY OF TRIAL. NOTICE ISSUED
  82. FINAL PRETRIAL SCHEDULED FOR 06/26/2025 AT 02:00 PM IS CANCELLED.
  83. TRIAL SCHEDULED FOR 07/28/2025 AT 09:00 AM IS CANCELLED.
  84. CERTIFIED MAIL RECEIPT NO. 54906170 RETURNED 10/15/2024 FAILURE OF SERVICE ON DEFENDANT BILL GINGERICH CONSTRUCTION - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  85. MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  86. MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  87. MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  88. SUMS AMENDED COMPLNT(54906170) SENT BY CERTIFIED MAIL. TO: BILL GINGERICH CONSTRUCTION 16900 MADISON ROAD MIDDLEFIELD, OH 44062-0000
  89. SUMMONS E-FILE COPY COST
  90. WRIT FEE
  91. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE OF 2ND AMENDED COMPLAINT
  92. CERTIFIED MAIL RECEIPT NO. 54437407 RETURNED 9/18/2024 FAILURE OF SERVICE ON DEFENDANT MR .EFIS CONSTRUCTION - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  93. ANSWER FILED BY D5 PACHECO CEMENT, INC. ATTORNEY THOMAS J SACERICH 0010196 ANSWER OF PACHECO CEMENT, INC.
  94. USPS RECEIPT NO. 54437408 DELIVERED BY USPS 09/03/2024 PACHECO CEMENT, INC. PROCESSED BY COC 09/11/2024.
  95. NOTICE OF APPEARANCE, FILED D5 PACHECO CEMENT, INC. THOMAS J SACERICH 0010196.
  96. CERTIFIED MAIL NUMBER 54195606 ADDRESSED TO BILL GINGERICH CONSTRUCTION(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  97. CERTIFIED MAIL RECEIPT NO. 54437410 RETURNED 9/3/2024 FAILURE OF SERVICE ON DEFENDANT JOSE MARTINEZ// - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  98. USPS RECEIPT NO. 54459151 DELIVERED BY USPS 08/19/2024 EDGELL PLUMBING PROCESSED BY COC 08/28/2024.
  99. USPS RECEIPT NO. 54437409 DELIVERED BY USPS 08/19/2024 EDGELL PLUMBING PROCESSED BY COC 08/28/2024.
  100. CERTIFIED MAIL RECEIPT NO. 54459152 RETURNED 08/14/2024 FAILURE OF SERVICE ON DEFENDANT MARTINEZ/JOSE/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  101. USPS RECEIPT NO. 54459154 DELIVERED BY USPS 08/16/2024 MR .EFIS CONSTRUCTION PROCESSED BY COC 08/21/2024.
  102. USPS RECEIPT NO. 54459153 DELIVERED BY USPS 08/15/2024 SOLID ROCK EXCAVATING, INC. PROCESSED BY COC 08/21/2024.
  103. USPS RECEIPT NO. 54459150 DELIVERED BY USPS 08/14/2024 PACHECO CEMENT, INC. PROCESSED BY COC 08/21/2024.
  104. CERTIFIED MAIL RECEIPT NO. 54459152 RETURNED 8/14/2024 FAILURE OF SERVICE ON DEFENDANT MARTINEZ/JOSE/ - INSUFFICIENT ADDRESS NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  105. SUMS AMENDED COMPLNT(54459154) SENT BY CERTIFIED MAIL. TO: MR .EFIS CONSTRUCTION 4747 BROOKSDALE ROAD MENTOR, OH 44060-0000
  106. SUMS AMENDED COMPLNT(54459153) SENT BY CERTIFIED MAIL. TO: SOLID ROCK EXCAVATING, INC. 1333 E. 289TH STREET WICKLIFFE, OH 44092-0000
  107. SUMS AMENDED COMPLNT(54459152) SENT BY CERTIFIED MAIL. TO: JOSE MARTINEZ 1740 MENTOR AVENUE PAINESVILLE, OH 44077-0000
  108. SUMS AMENDED COMPLNT(54459151) SENT BY CERTIFIED MAIL. TO: EDGELL PLUMBING 360 FOUNTAIN AVENUE PAINESVILLE, OH 44077-0000
  109. SUMS AMENDED COMPLNT(54459150) SENT BY CERTIFIED MAIL. TO: PACHECO CEMENT, INC. 3359 BLACKMORE ROAD PERRY, OH 44081-0000
  110. SUMS AMENDED COMPLNT(54458975) SENT BY REGULAR MAIL SERVICE. TO: J.G. MASONRY 1699 ROUTE 307 AUSTINBURG, OH 44010-0000 ANSWER DATE: 08/30/2024
  111. SUMS AMENDED COMPLNT(54437410) SENT BY CERTIFIED MAIL. TO: JOSE MARTINEZ 1740 MENTOR AVENUE PAINESVILLE, OH 44077-0000
  112. SUMMONS E-FILE COPY COST
  113. SUMMONS E-FILE COPY COST
  114. SUMMONS E-FILE COPY COST
  115. SUMMONS E-FILE COPY COST
  116. SUMMONS E-FILE COPY COST
  117. WRIT FEE
  118. WRIT FEE
  119. WRIT FEE
  120. WRIT FEE
  121. WRIT FEE
  122. SUMMONS E-FILE COPY COST
  123. WRIT FEE
  124. SUMS AMENDED COMPLNT(54438651) SENT BY REGULAR MAIL SERVICE. TO: J.G. MASONRY 1699 ROUTE 307 AUSTINBURG, OH 44010-0000 ANSWER DATE: 08/28/2024
  125. SUMS AMENDED COMPLNT(54437409) SENT BY CERTIFIED MAIL. TO: EDGELL PLUMBING 360 FOUNTAIN AVENUE PAINESVILLE, OH 44077-0000
  126. SUMS AMENDED COMPLNT(54437408) SENT BY CERTIFIED MAIL. TO: PACHECO CEMENT, INC. 3359 BLACKMORE ROAD PERRY, OH 44081-0000
  127. SUMS AMENDED COMPLNT(54437407) SENT BY CERTIFIED MAIL. TO: MR .EFIS CONSTRUCTION 4747 BROOKSDALE ROAD MENTOR, OH 44060-0000
  128. TELEPHONE CONFERENCE HELD ON 7/30/2024. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANTS JASON BROWN AND KIM BROWN APPEARED THROUGH COUNSEL. THE FOLLOWING LITIGATION SCHEDULE WAS SET: TELEPHONE CONFERENCE SET FOR 10/01/2024 AT 11:00 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL AND CONTACT THE COURT AT 216-443-8601 WHEN ALL PARTIES ARE ON THE LINE. FACT DISCOVERY TO BE COMPLETE BY 11/1/2024. PARTY WITH THE BURDEN TO PRODUCE EXPERT REPORT BY 12/2/2024. REBUTTAL EXPERT REPORT DUE BY 2/3/2025. DISPOSITIVE MOTIONS DUE 3/3/2025; BRIEFS IN OPPOSITION AND REPLIES DUE PURSUANT TO CIV.R. 6(C). FINAL PRETRIAL SET FOR 06/26/2025 AT 02:00 PM. PARTIES WITH AUTHORITY TO SETTLE ARE TO BE PRESENT. OUT OF TOWN ADJUSTERS/PARTIES WITH AUTHORITY MAY BE PRESENT BY TELEPHONE AS LONG AS THEY FULLY PARTICIPATE IN A MEANINGFUL MANNER AND REMAIN AVAILABLE THROUGHOUT THE ENTIRE CONFERENCE. TRIAL SET FOR 07/28/2025 AT 09:00 AM. COURTROOM 16-D, JUDGE WILLIAM T. MCGINTY. TO THE EXTENT POSSIBLE: ANY MOTIONS IN LIMINE ARE DUE 28 DAYS PRIOR TO THE START OF TRIAL; ANY RESPONSE MAY BE SERVED WITHIN 14 DAYS AFTER SERVICE OF THE MOTION. NO LATER THAN 5 DAYS BEFORE THE TRIAL DATE, THE COURT MUST RECEIVE FROM THE PARTIES PROPOSED/AGREED JURY INSTRUCTIONS, JURY INTERROGATORIES, JURY VERDICT FORMS, AND STIPULATIONS. THE PARTIES ARE TO ALSO EXCHANGE PROPOSED EXHIBITS 3 DAYS PRIOR TO TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. OBJECTIONS FOR TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT, ARE TO BE GIVEN TO THE COURT 3 DAYS BEFORE THE DAY OF TRIAL. NOTICE ISSUED
  129. SUMMONS E-FILE COPY COST
  130. WRIT FEE
  131. SUMMONS E-FILE COPY COST
  132. SUMMONS E-FILE COPY COST
  133. SUMMONS E-FILE COPY COST
  134. SUMMONS E-FILE COPY COST
  135. WRIT FEE
  136. WRIT FEE
  137. WRIT FEE
  138. WRIT FEE
  139. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE OF 2ND AMENDED COMPLAINT TO J.G. MASONRY
  140. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE - 2ND AMENDED COMPLAINT
  141. CERTIFIED MAIL RECEIPT NO. 54195607 RETURNED 7/30/2024 FAILURE OF SERVICE ON DEFENDANT J.G. MASONRY - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  142. NOTICE FILED BY P1 POWER BUILT CONSTRUCTION, LLC ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF'S NOTICE OF COMPLIANCE WITH THE COURT'S ORDER COMPELLING DISCOVERY
  143. DEFENDANTS JASON BROWN AND KIM BROWN'S MOTION TO COMPEL DISCOVERY RESPONSES, FILED 05/30/2024, IS UNOPPOSED AND GRANTED. PLAINTIFF TO RESPOND FULLY, WITHOUT OBJECTION OTHER THAN ATTORNEY-CLIENT PRIVILEGE OR WORK PRODUCT, WITHIN FOURTEEN DAYS OF THIS ORDER. NOTICE ISSUED
  144. USPS RECEIPT NO. 54195605 DELIVERED BY USPS 07/05/2024 BROWN/KIM / PROCESSED BY COC 07/10/2024.
  145. USPS RECEIPT NO. 54195604 DELIVERED BY USPS 07/05/2024 BROWN/JASON/ PROCESSED BY COC 07/10/2024.
  146. SUMS AMENDED COMPLNT(54195607) SENT BY CERTIFIED MAIL. TO: J.G. MASONRY 1699 ROUTE 307 AUSTINBURG, OH 44010-0000
  147. SUMS AMENDED COMPLNT(54195606) SENT BY CERTIFIED MAIL. TO: BILL GINGERICH CONSTRUCTION 16900 MADISON ROAD MIDDLEFIELD, OH 44062-0000
  148. SUMS AMENDED COMPLNT(54195605) SENT BY CERTIFIED MAIL. TO: KIM BROWN 346 GLASGOW DRIVE HIGHLAND HEIGHTS, OH 44143
  149. SUMS AMENDED COMPLNT(54195604) SENT BY CERTIFIED MAIL. TO: JASON BROWN 346 GLASGOW DRIVE HIGHLAND HEIGHTS, OH 44143
  150. SUMMONS E-FILE COPY COST
  151. SUMMONS E-FILE COPY COST
  152. SUMMONS E-FILE COPY COST
  153. SUMMONS E-FILE COPY COST
  154. WRIT FEE
  155. WRIT FEE
  156. WRIT FEE
  157. WRIT FEE
  158. NOTICE FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) ATTORNEY DANIEL J. MYERS 0087909 NOTICE OF UNOPPOSED MOTION TO COMPEL PENDING
  159. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE OF 2ND AMENDED COMPLAINT
  160. DEPOSIT AMOUNT PAID DENNIS R FOGARTY
  161. AMENDED COMPLAINT $75 PLAINTIFF'S SECOND AMENDED COMPLAINT FOR BREACH OF CONTRACT, UNJUST ENRICHMENT, CONTRIBUTION AND IDEMNITY
  162. TELEPHONE CONFERENCE HELD ON 5/30/2024. DISCOVERY ONGOING. TELEPHONE CONFERENCE CONTINUED TO ALLOW TIME FOR ALL PARTIES TO BE SERVED. TELEPHONE CONFERENCE SET FOR 07/30/2024 AT 11:30 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  163. MOTION FILED FOR DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909 DEFENDANTS' MOTION TO COMPEL DISCOVERY RESPONSES 07/10/2024 - UNOPPOSED AND GRANTED
  164. AT THE REQUEST OF THE PARTIES, THE TELEPHONE CONFERENCE OF 5/2/2024 IS CONTINUED. TELEPHONE CONFERENCE SET FOR 05/30/2024 AT 11:45 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  165. REPLY TO COUNTERCLAIM FILED P1 POWER BUILT CONSTRUCTION, LLC, ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM
  166. ANSWER FILED BY ATTORNEY JOSEPH N. SPANO 0098381 ANSWER OF DEFENDANT PREMIER BANK TO PLAINTIFF'S SECOND AMENDED COMPLAINT
  167. DEPOSIT AMOUNT PAID DANIEL J. MYERS
  168. ANSWER AND COUNTERCLAIM $75 DEFENDANTS' ANSWER AND COUNTERCLAIM
  169. DEFENDANTS JASON AND KIM BROWN'S MOTION FOR SEVEN DAY EXTENSION FOR FILING ANSWER AND COUNTERCLAIM, FILED 3/28/2024, IS GRANTED. DEFENDANTS ARE GRANTED THROUGH 4/2/2024 TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT. NOTICE ISSUED
  170. MOTION FOR EXTENSION OF TIME MOTION FOR SEVEN DAY EXTENSION TO FILE ANSWER AND COUNTERCLAIM 03/28/2024 - GRANTED
  171. PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, INSTANTER, FILED 02/07/2024, IS GRANTED. THE AMENDED COMPLAINT IS HEREBY DEEMED FILED AS OF THE DATE OF THIS ENTRY. TELEPHONE CONFERENCE SET FOR 05/02/2024 AT 11:00 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  172. TELEPHONE CONFERENCE SCHEDULED FOR 04/02/2024 AT 11:00 AM IS CANCELLED.
  173. MOTION FILED FOR P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, INSTANTER 03/13/2024 - GRANTED
  174. PARTIES CONTACTED THE COURT TO DISCUSS STATUS OF THE CASE. PLAINTIFF'S ORAL REQUEST FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. PLAINTIFF TO FILE AMENDED COMPLAINT BY 2/2/2024. TELEPHONE CONFERENCE SET FOR 04/02/2024 AT 11:00 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. ALL OTHER DATES TO BE RESCHEDULED AT THIS TIME. NOTICE ISSUED
  175. FINAL PRETRIAL SCHEDULED FOR 04/17/2024 AT 02:00 PM IS CANCELLED.
  176. TRIAL SCHEDULED FOR 05/13/2024 AT 09:00 AM IS CANCELLED.
  177. MEDIATION HEARING HELD. CASE DID NOT SETTLE AND IS RETURNED TO THE DOCKET OF JUDGE WILLIAM T MCGINTY (372). NOTICE ISSUED
  178. MEDIATION SET FOR 12/20/2023 AT 01:30 PM. (Notice Sent).
  179. NOTICE OF APPEARANCE, FILED DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) DANIEL J. MYERS 0087909. NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL FOR DEFENDANTS JASON AND KIM BROWN
  180. PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, INSTANTER, FILED 06/28/2023, IS GRANTED. NOTICE ISSUED
  181. TELEPHONE CONFERENCE HELD ON 9/13/2023. ALL PARTIES APPEARED AND AGREED TO THE FOLLOWING SCHEDULE: DISCOVERY TO BE COMPLETE BY 1/12/2024. PLAINTIFF'S EXPERT REPORT TO BE COMPLETE BY 1/12/2024. DEFENDANTS' EXPERT REPORT DUE 3/11/2024. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO BE HELD IN LATE NOVEMBER OR EARLY DECEMBER 2023. FINAL PRETRIAL SET FOR 04/17/2024 AT 02:00 PM. ALL PARTIES WITH SETTLEMENT AUTHORITY TO APPEAR. TRIAL SET FOR 05/13/2024 AT 09:00 AM. COURTROOM 16-D, JUDGE WILLIAM T. MCGINTY. TO THE EXTENT POSSIBLE: ANY MOTIONS IN LIMINE ARE DUE 28 DAYS PRIOR TO THE START OF TRIAL; ANY RESPONSE MAY BE SERVED WITHIN 14 DAYS AFTER SERVICE OF THE MOTION. NO LATER THAN 5 DAYS BEFORE THE TRIAL DATE, THE COURT MUST RECEIVE FROM THE PARTIES PROPOSED/AGREED JURY INSTRUCTIONS, JURY INTERROGATORIES, JURY VERDICT FORMS, AND STIPULATIONS. THE PARTIES ARE TO ALSO EXCHANGE PROPOSED EXHIBITS 3 DAYS PRIOR TO TRIAL. COURTESY COPIES OF EXHIBITS TO BE GIVEN TO THE COURT ON THE DAY OF TRIAL. OBJECTIONS FOR TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT, ARE TO BE GIVEN TO THE COURT 3 DAYS BEFORE THE DAY OF TRIAL. NOTICE ISSUED
  182. TELEPHONE CONFERENCE SET FOR 09/13/2023 AT 11:30 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  183. DEPOSIT AMOUNT PAID DENNIS R FOGARTY
  184. AMENDED COMPLAINT $75 PLAINTIFF'S AMENDED COMPLAINT
  185. ANSWER FILED BY D1 JASON BROWN ATTORNEY MATTHEW A MCMONAGLE 0078156 DEFENDANTS' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT
  186. REPLY TO COUNTERCLAIM FILED P1 POWER BUILT CONSTRUCTION, LLC, ATTORNEY DENNIS R FOGARTY 0055563 PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAIM
  187. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD AND JOURNAL ENTRY
  188. MOTION FILED FOR P1 POWER BUILT CONSTRUCTION, LLC DENNIS R FOGARTY 0055563 PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, INSTANTER 10/03/2023 - GRANTED
  189. ANSWER FILED BY DEFENDANT(S) JASON BROWN(D1) and KIM BROWN(D2) ATTORNEY MATTHEW A MCMONAGLE 0078156 DEFENDANTS' ANSWER AND COUNTERCLAIM
  190. TELEPHONE CASE MANAGEMENT CONFERENCE HELD ON 6/8/2023. ALL PARTIES APPEARED. CMC CONTINUED TO ALLOW TIME FOR DEFENDANTS TO FILE RESPONSE TO PLAINTIFF'S COMPLAINT. TELEPHONE CONFERENCE SET FOR 07/20/2023 AT 10:30 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  191. DEFENDANTS' MOTION FOR EXTENSION OF TIME TO MOVE OR PLEAD, FILED 05/25/2023, IS GRANTED. DEFENDANTS JASON BROWN AND KIM BROWN ARE GRNATED LEAVE THROUGH 6/26/2023 TO RESPOND TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  192. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO MOVE OR PLEAD 06/05/2023 - GRANTED
  193. CMC BY PHONE SET FOR 06/08/2023 AT 11:15 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL PARTIES AND THEN CONTACT THE COURT AT (216) 443-8601. NOTICE ISSUED
  194. DEFENDANTS' MOTION FOR EXTENSION OF TIME TO MOVE OR PLEAD, FILED 04/27/2023, IS GRANTED. DEFENDANTS GRANTED THROUGH 5/26/2023 TO RESPOND TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  195. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO MOVE OR PLEAD 04/28/2023 - GRANTED
  196. USPS RECEIPT NO. 50183614 DELIVERED BY USPS 03/31/2023 BROWN/KIM / PROCESSED BY COC 04/05/2023.
  197. USPS RECEIPT NO. 50183613 DELIVERED BY USPS 03/31/2023 BROWN/JASON/ PROCESSED BY COC 04/05/2023.
  198. SUMS COMPLAINT(50183614) SENT BY CERTIFIED MAIL. TO: KIM BROWN 346 GLASGOW DRIVE HIGHLAND HEIGHTS, OH 44143
  199. SUMS COMPLAINT(50183613) SENT BY CERTIFIED MAIL. TO: JASON BROWN 346 GLASGOW DRIVE HIGHLAND HEIGHTS, OH 44143
  200. SUMMONS E-FILE COPY COST
  201. SUMMONS E-FILE COPY COST
  202. WRIT FEE
  203. WRIT FEE
  204. JUDGE WILLIAM T MCGINTY ASSIGNED (RANDOM)
  205. LEGAL RESEARCH
  206. LEGAL NEWS
  207. LEGAL AID
  208. COURT SPECIAL PROJECTS FUND
  209. COMPUTER FEE
  210. CLERK'S FEE
  211. DEPOSIT AMOUNT PAID DENNIS R FOGARTY

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