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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-29
Status INACTIVE
Type Contract
Docket 138 entries

Parties

Plaintiff Arkadiusz Waluszko
Defendant Gs Concrete Llc D/b/a Sam The Concrete Man|Jacob Godec|Reliance Contractors Llc Dba Samco Cle, Dba Sam The Concrete Man Cleveland
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 MOTION TO APPEAR VIA ZOOM VIDEO CONFERENCE
  3. IN-PERSON HEARING ON ATTORNEYS' FEES SET FOR 03/09/2026 AT 9:00 AM, COURTROOM 17-C. FAILURE OF ANY PARTY TO BE PRESENT AT THE SCHEDULED HEARING MAY RESULT IN JUDGMENT BEING RENDERED AGAINST THAT PARTY. NOTICE ISSUED
  4. HEARING SET FOR 03/09/2026 AT 09:00 AM.
  5. GENERAL PLEADING FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 REQUEST TO SET HEARING AND RULE ON ATTORNEY FEES
  6. PAYMENT ON ACCOUNT MADE ON BEHALF OF WALUSZKO/ARKADIUSZ/ IN THE AMOUNT OF $121.00
  7. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S COMBINED MOTION TO RECONSIDER AND MOTION TO DENY DEFENDANT'S AWARD OF ATTORNEY FEES, FILED 06/26/2025, IS DENIED. NOTICE ISSUED
  8. REPLY BRIEF FILED BY P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S REPLY BRIEF IN SUPPORT OF MOTION T RECONSIDER
  9. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 TO MOTION FOR RECONSIDERATION
  10. COURT COST ASSESSED ARKADIUSZ WALUSZKO BILL AMOUNT 446 PAID AMOUNT 325 AMOUNT DUE 121
  11. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S COMBINED MOTION TO RECONSIDER AND MOTION TO DENY DEFENDANT'S AWARD OF ATTORNEY FEES
  12. AFFIDAVIT FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) ATTORNEY JAMES SHIELDS 0101516 ATTORNEYS' FEES
  13. Sua sponte, the appeal is dismissed for lack of a final appealable order. An order is not final and appealable if it fails to dispose of a properly asserted request for attorney fees and does not contain Civ.R. 54(B) language. Internatl. Bhd. of Elec. Workers, Local Union No. 8 v. Vaughn Industries, L.L.C., 2007-Ohio-6439, 879 N.E.2d 187, paragraph two of the syllabus. The trial court has not issued a ruling as to attorney fees and the order does not contain Civ.R. 54(B) language. Should the appellant obtain a final appealable order within 30 days of this entry, it may file a motion to reinstate the appeal. Notice issued.
  14. -------------------- NOTICE OF APPEAL -------------------- CA NO. 115221 NOTICE OF APPEAL FILED BY THE PLTF. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  15. NOTICE OF APPEAL FILED NOTICE OF APPEAL
  16. JUDGMENT ENTRY(57210357) SENT BY EMAIL. TO: RACHEL KUHN [email protected]
  17. JUDGMENT ENTRY(57210356) SENT BY EMAIL. TO: NICHOLAS WEISS [email protected]
  18. JUDGMENT ENTRY(57210355) SENT BY EMAIL. TO: JAMES SHIELDS [email protected]
  19. JUDGMENT ENTRY(57210354) SENT BY EMAIL. TO: JAMES SHIELDS [email protected]
  20. JUDGMENT ENTRY(57210353) SENT BY EMAIL. TO: ROBERT E. ZULANDT [email protected]
  21. JUDGMENT ENTRY(57210352) SENT BY EMAIL. TO: ROBERT E. ZULANDT [email protected]
  22. JUDGMENT ENTRY(57210351) SENT BY EMAIL. TO: THOMAS A BARNI [email protected]
  23. THE COURT HAS CONSIDERED THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT, THE BRIEFING THAT FOLLOWED, AND THE EVIDENCE SUBMITTED. THE COURT, HAVING CONSIDERED ALL THE EVIDENCE AND HAVING CONSTRUED THE EVIDENCE MOST STRONGLY IN FAVOR OF THE NON-MOVING PARTIES, DETERMINES THAT REASONABLE MINDS COULD CONCLUDE THAT NO GENUINE ISSUES OF MATERIAL FACT EXIST AS TO THE PERFORMANCE OF THE CONTRACT, AND FINDS IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF. "IN GENERAL, SUBSTANTIAL COMPLIANCE WILL SUPPORT A RECOVERY OF THE CONTRACT PRICE LESS ALLOWANCE FOR DEFECTS IN PERFORMANCE OR DAMAGES FOR FAILURE TO STRICTLY COMPLY WITH THE CONTRACT." HANSEL V. CREATIVE CONCRETE & MASONRY CONSTR. CO., 148 OHIO APP.3D 53, 57, 2002-OHIO-198, 772 N.E.2D 138 (10TH DIST.) THIS COURT FINDS THAT DEFENDANTS RELIANCE CONTRACTORS LLC ("RELIANCE") AND JACOB GODEC ("GODEC") SUBSTANTIALLY PERFORMED UNDER THE CONTRACT, AND THE DRIVEWAY AND WALKWAY WERE INSTALLED IN A WORKMANLIKE CONDITION. PLAINTIFF FAILED TO PRESENT ANY EVIDENCE OF DIMINUTION OF VALUE OF THE DRIVEWAY. THEREFORE, PLAINTIFF BREACHED THE CONTRACT BY FAILING TO PAY THE REMAINING BALANCE OF THE CONTRACT OF $8,100.00. FURTHER, THIS COURT FINDS PLAINTIFF'S CLAIMS FOR VIOLATIONS OF THE OHIO CONSUMER SALES PRACTICES ACT FAIL, AND DEFENDANTS ARE ENTITLED TO REASONABLE ATTORNEY'S FEES, PURSUANT TO R.C. 1345.09(F)(1). ACCORDINGLY, PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, FILED 11/26/2024, IS DENIED. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, FILED 12/16/2024, IS GRANTED. JUDGMENT IS GRANTED IN FAVOR OF THE DEFENDANTS, RELIANCE AND GODEC, AND AGAINST PLAINTIFF, ARKADIUSZ WALUSZKO, IN THE AMOUNT OF $8,100.00, PLUS REASONABLE ATTORNEY'S FEES, AND THE COSTS OF THIS ACTION. DEFENDANT TO PROVIDE AN AFFIDAVIT OF REASONABLE ATTORNEY'S FEES WITHIN FOURTEEN DAYS OF THIS ORDER. COURT COSTS 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
  24. CMC BY PHONE SCHEDULED FOR 06/16/2025 AT 09:00 AM IS CANCELLED.
  25. CMC HELD THIS DATE WITH COUNSEL FOR PARTIES PARTICIPATING VIA PHONE. CMC BY PHONE SET FOR 06/16/2025 AT 09:00 AM. PLAINTIFF TO INITIATE CONFERENCE CALL AND CONTACT BAILIFF KAYLA SZYNAL AT 216-443-8748 WHEN ALL PARTIES ARE ON THE LINE. TRIAL SET FOR 07/14/2025 AT 09:00 AM. NOTICE ISSUED
  26. CMC BY PHONE SET FOR 05/27/2025 AT 02:00 PM. PLAINTIFF TO INITIATE CONFERENCE CALL AND CONTACT BAILIFF KAYLA SZYNAL AT 216-443-8748 WHEN ALL PARTIES ARE ON THE CALL. NOTICE ISSUED
  27. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S MOTION TO APPEAR BY ZOOM OR TELEPHONE FOR FINAL PRETRIAL SET JUNE 16, 2025 06/21/2025 - UNKNOWN
  28. CMC BY PHONE SET FOR 04/24/2025 AT 09:30 AM. PLAINTIFF'S COUNSEL TO INITIATE CONFERENCE CALL WITH ALL PARTIES AND CONTACT BAILIFF KAYLA SZYNAL AT 216-443-8748. TRIAL DATE TBD. NOTICE ISSUED
  29. TRIAL BY JURY SCHEDULED FOR 03/24/2025 AT 09:00 AM IS CANCELLED.
  30. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 MOTION TO SHOW CAUSE, FILED 11/25/2024, IS DENIED AS MOOT. SHOULD DEFTS FAIL TO PAY THE EXPERT'S FEE AS ORDERED BY 4/1/25, AND, THE COURT DEEMS A HEARING FOR PLTF'S ATTORNEYS FEES IS IN ORDER THEN PLTF'S FEES FROM THE ORIGIN OF THIS DISPUTE MAY BE RELEVANT AND POSSIBLY RECOVERABLE, DEPENDING ON THE PROOF. NOTICE ISSUED
  31. THE COURT SUA SPONTE CORRECTS A TYPOGRAPHICAL ERROR IN ITS ENTRY OF TODAY'S DATE. THE DEFTS ARE ORDERED TO PAY THE EXPERT'S FEE BY 4/1/25 NOT 3/1/25. NOTICE ISSUED
  32. MOTION FILED FOR DEFENDANT(S) JACOB GODEC(D2) AND RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 MOTION TO REDUCE EXPERT DEPOSITION FEES, FILED 12/09/2024, IS DENIED. THIS COURT BY PRIOR ENTRY ORDERED THESE DEFTS TO PAY THE EXPERT'S DEPOSITION FEE AND FURTHER, THE COURT IS NOT CONVINCED THAT DEFT'S HAD NO PRIOR NOTICE OF THE EXPERT'S FEE SCHEDULE AND FURTHER, THE COURT IS NOT CONVINCED THAT THE AMOUNT OF THE FEE IS PATENTLY UJNREASONABLE OR EXCESSIVE. THE FEE SHALL BE PAID TO THE EXPERT NO LATER THAN 3/1/25. NOTICE ISSUED
  33. GENERAL PLEADING FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) ATTORNEY JAMES SHIELDS 0101516 PRE-TRIAL STATEMENT
  34. GENERAL PLEADING FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 PLAINTIFF'S PRETRIAL STATEMENT
  35. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL
  36. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 MOTION FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT INSTANTER, FILED 01/11/2025, IS GRANTED. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  37. REPLY BRIEF FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
  38. REPLY BRIEF FILED BY P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 REPLY BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
  39. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 MOTION FOR LEAVE TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT INSTANTER
  40. BRIEF IN OPPOSITION FILED BY P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
  41. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
  42. MOTION FOR SUMMARY JUDGMENT FILED DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
  43. BRIEF IN OPPOSITION FILED BY P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO REDUCE EXPERT DEPOSITION FEES
  44. REPLY BRIEF FILED BY P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 PLAINTIFF'S REPLY BRIEF IN SUPPORT OF MOTION TO SHOW CAUSE
  45. MOTION FILED FOR DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 MOTION TO REDUCE EXPERT DEPOSITION FEES
  46. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO SHOW CAUSE
  47. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
  48. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE VIA CERTIFIED MAIL
  49. NOTICE FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 NOTICE OF FILING TRANSCRIPT OF GODEC
  50. NOTICE FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 NOTICE OF FILING TRANSCRIPT OF WALUSZKO
  51. NOTICE FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 NOTICE OF FILING DEPOSITION TRANSCRIPT OF ZIMMERMAN
  52. TRANSCRIPT FILED P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 TRANSCRIPT AND EXHIBITS OF GODEC
  53. TRANSCRIPT FILED P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 TRANSCRIPT AND EXHIBITS OF WALUSZKO
  54. TRANSCRIPT FILED P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 TRANSCRIPT AND EXHIBITS OF ZIMMERMAN
  55. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 MOTION TO SHOW CAUSE
  56. PLAINTIFF'S MOTION TO COMPEL AND REQUEST FOR ATTORNEY FEES, FILED 10/21/2024, IS GRANTED ONLY TO THE EXTENT SPECIFIED IN THIS ORDER. DEFENDANTS ARE ORDERED TO PAY THE DEPOSITION FEE FOR PLAINTIFF'S EXPERT WITNESS. PLAINTIFF'S REQUEST FOR SANCTIONS, INCLUDING THE REQUEST FOR ATTORNEYS' FEES, IS DENIED. ALL PURPORTED MOTIONS NOT SEPARATELY FILED ARE DISREGARDED. SUCH MOTIONS (IMPROPERLY INCLUDED WITHIN OTHER PLEADINGS) FAIL TO CONFORM TO LOCAL RULE 39.0(D)(5)-(6). NOTICE ISSUED
  57. NOTICE OF TRANSCRIPT FILED DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3), JAMES SHIELDS 0101516 DEFENDANTS' NOTICE OF FILING DEPOSITION TRANSCRIPT OF ARKADIUSZ WALUSZKO
  58. NOTICE OF TRANSCRIPT FILED DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3), JAMES SHIELDS 0101516 DEFENDANTS' NOTICE OF FILING DEPOSITION TRANSCRIPT OF RICK ZIMMERMAN
  59. NOTICE FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) ATTORNEY JAMES SHIELDS 0101516 DEFENDANTS' NOTICE OF FILING EXPERT REPORT OF GABRIEL SIMPSON
  60. REPLY BRIEF FILED BY P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 REPLY BRIEF IN SUPPORT OF MOTION TO COMPEL
  61. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516 BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL PAYMENT OF EXPERT WITNESS FEES & AFFIRMATIVE MOTION TO REDUCE EXPERT FEES
  62. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 MOTION TO COMPEL AND REQUEST FOR ATTORNEY FEES
  63. GENERAL PLEADING FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 NOTICE OF SUBMISSION OF EXPERT REBUTTAL
  64. THE PARTIES' JOINT MOTION TO CONTINUE ALL DEADLINES, FILED 10/01/2024, IS GRANTED. THE NEW DISCOVERY CUTOFF DATE IS 11/15/2024. THE NEW DEADLINE FOR DISPOSITIVE MOTIONS IS 12/16/2024. FINAL PRETRIAL AND TRIAL DATES REMAIN UNCHANGED. NOTICE ISSUED
  65. MOTION FILED FOR P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220 JOINT MOTION TO CONTINUE ALL DEADLINES 10/07/2024 - GRANTED
  66. NOTICE OF DEPOSITION OF P1 ARKADIUSZ WALUSZKO FILED
  67. PRETRIAL HELD ON 08/02/2024. COUNSEL FOR ALL REMAINING PARTIES PARTICIPATED AND PROVIDED THE COURT WITH AN UPDATE ON THE STATUS OF THE CASE. COUNSEL AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE: ALL DISCOVERY TO BE COMPLETED BY 10/04/2024. AS REFLECTED ON THE DOCKET, PLAINTIFF'S EXPERT REPORT HAS BEEN PRODUCED. DEFENDANT'S EXPERT REPORT DUE 09/27/2024. DISPOSITIVE MOTION TO BE FILED BY 11/01/2024. RESPONSE/REPLY DUE PER OHIO R. CIV. P. 6(C). 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. FINAL PRETRIAL SET FOR 02/19/2025 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 03/24/2025 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
  68. PRETRIAL SET FOR 08/02/2024 AT 11:30 AM. VIDEO PRETRIAL CONFERENCE IS RESCHEDULED TO THE DATE AND TIME REFERENCED ABOVE. ZOOM LOGIN CREDENTIALS CONTAINED IN THE COURT'S 03/18/2024 JOURNAL ENTRY REMAIN UNCHANGED. NOTICE ISSUED
  69. PRETRIAL SCHEDULED FOR 07/19/2024 AT 09:30 AM IS CANCELLED.
  70. NOTICE FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 NOTICE OF EXPERT REPORT
  71. MEDIATION HEARING HELD. CASE DID NOT SETTLE AND IS RETURNED TO THE DOCKET OF JUDGE DEENA R CALABRESE (357). NOTICE ISSUED
  72. REPLY TO COUNTERCLAIM FILED P1 ARKADIUSZ WALUSZKO, ATTORNEY RACHEL KUHN 0090220 PLAINTIFF'S REPLY TO COUNTERCLAIM OF DEFENDANT RELIANCE CONTRACTORS LLC
  73. MEDIATION SET FOR 06/04/2024 AT 11:00 AM. (Notice Sent).
  74. CERTIFIED MAIL NUMBER 52939515 ADDRESSED TO RELIANCE CONTRACTORS LLC(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  75. DEPOSIT AMOUNT PAID JAMES SHIELDS
  76. ANSWER AND COUNTERCLAIM $75 DEFENDANTS', RELIANCE CONTRACTORS LLC AND JACOB GODEC'S, JOINT ANSWER AND COUNTERCLAIM TO PLAINTIFF'S AMENDED COMPLAINT
  77. DEFENDANTS JACOB GODEC AND RELIANCE CONTRACTORS LLC'S MOTION TO DISMISS, FILED 02/16/2024, IS DENIED. NOTICE ISSUED
  78. JUDGMENT ENTRY(53327147) SENT BY REGULAR MAIL SERVICE. TO: GS CONCRETE LLC 13001 HOWARD DANVILLE RD HOWARD, OH 43028
  79. CERTIFIED MAIL NUMBER 52789417 ADDRESSED TO RELIANCE CONTRACTORS LLC(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  80. JUDGMENT ENTRY(53327146) SENT BY EMAIL. TO: JAMES SHIELDS [email protected]
  81. JUDGMENT ENTRY(53327145) SENT BY EMAIL. TO: NICHOLAS WEISS [email protected]
  82. JUDGMENT ENTRY(53327144) SENT BY EMAIL. TO: RACHEL KUHN [email protected]
  83. JUDGMENT ENTRY(53327143) SENT BY EMAIL. TO: THOMAS A BARNI [email protected]
  84. PURSUANT TO CIV. R. 41(A) PLAINTIFF ARKADIUSZ WALUSZKO HEREBY VOLUNTARILY DISMISSES ALL CLAIMS AGAINST DEFENDANT GS CONCRETE LLC D/B/A SAM THE CONCRETE MAN 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
  85. CASE MGMNT CONFERENCE HELD ON 03/15/2024. COUNSEL FOR ALL PARTIES PARTICIPATED. INITIAL DISCLOSURES TO BE EXCHANGED NO LATER THAN 04/01/2024. CASE REFERRED TO COURT MEDIATION ON 03/18/2024. MEDIATION TO BE COMPLETED IN JUNE 2024. PRETRIAL SET FOR 07/19/2024 AT 09:30 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: 898 4826 0896 PASSCODE: 911291 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/89848260896?PWD=K09RAUJUUJZBTFLYTKTZZKJMRMQ2DZ09 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
  86. NOTICE FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO CIV. R. 41(A)(1)(A) WITHOUT PREJUDICE
  87. GENERAL PLEADING FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 JOINT 26F DISCOVERY PLAN
  88. GENERAL PLEADING FILED BY P1 ARKADIUSZ WALUSZKO ATTORNEY RACHEL KUHN 0090220 PLAINITFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS
  89. MOTION TO DISMISS FILED MOTION TO DISMISS 03/21/2024 - DENIED
  90. NOTICE FILED BY DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) ATTORNEY JAMES SHIELDS 0101516 STIPULATION OF LEAVE TO PLEAD
  91. USPS RECEIPT NO. 52939516 DELIVERED BY USPS 02/05/2024 RELIANCE CONTRACTORS LLC PROCESSED BY COC 02/14/2024.
  92. NOTICE OF APPEARANCE, FILED DEFENDANT(S) JACOB GODEC(D2) and RELIANCE CONTRACTORS LLC(D3) JAMES SHIELDS 0101516.
  93. CASE MGMNT CONFERENCE SET FOR 03/15/2024 AT 09:30 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: 857 1838 4490 PASSCODE: 266288 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/85718384490?PWD=TMFRR05LUE53ZTDYAMH3RVJ1WLNTQT09 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
  94. SUMS AMENDED COMPLNT(52939516) SENT BY CERTIFIED MAIL. TO: RELIANCE CONTRACTORS LLC REGISTERED AGENTS INC 6545 MARKET AVENUE, NORTH SUITE 100 NORTH CANTON, OH 44721-0000
  95. SUMS AMENDED COMPLNT(52939515) SENT BY CERTIFIED MAIL. TO: RELIANCE CONTRACTORS LLC DBA SAM THE CONCRETE MAN CLEVELAND 5900 BALCONES DRIVE SUITE 500 AUSTIN, TX 78731-0000
  96. SUMMONS E-FILE COPY COST
  97. WRIT FEE
  98. WRIT FEE
  99. SUMMONS E-FILE COPY COST
  100. REQUEST FOR SERVICE FILED INSTRUCTION FOR SERVICE FOR CERTIFIED MAIL
  101. CERTIFIED MAIL NUMBER 52470111 ADDRESSED TO RELIANCE CONTRACTORS LLC(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  102. REQUEST FOR SERVICE FILED REQUEST FOR CERTIFIED MAIL SERVICE
  103. SUMS AMENDED COMPLNT(52789417) SENT BY CERTIFIED MAIL. TO: RELIANCE CONTRACTORS LLC C/O ZENBUSINESS INC. 100 EAST BROAD STREET, SUITE 1350 COLUMBUS, OH 43215-0000
  104. SUMMONS E-FILE COPY COST
  105. WRIT FEE
  106. NOTICE OF APPEARANCE, FILED P1 ARKADIUSZ WALUSZKO RACHEL KUHN 0090220. NOTICE OF APPEARANCE OF PLAINTIFF ARKADIUSZ WALUSZKO
  107. REQUEST FOR SERVICE FILED CERTIFIED MAIL
  108. SUMS AMENDED COMPLNT(52665312) SENT BY REGULAR MAIL SERVICE. TO: JACOB GODEC 2829 ORCHARD DRIVE WILLOUGHBY HILLS, OH 44092 ANSWER DATE: 01/23/2024
  109. SUMMONS E-FILE COPY COST
  110. WRIT FEE
  111. REQUEST FOR SERVICE FILED AMENDED COMPLAINT UNDER THE CONSUMER SALES PRACTICES ACT
  112. CERTIFIED MAIL RECEIPT NO. 52434759 RETURNED 12/16/2023 FAILURE OF SERVICE ON DEFENDANT GODEC/JACOB/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  113. USPS RECEIPT NO. 52443533 DELIVERED BY USPS 12/01/2023 GS CONCRETE LLC PROCESSED BY COC 12/06/2023.
  114. SUMS AMENDED COMPLNT(52470111) SENT BY CERTIFIED MAIL. TO: RELIANCE CONTRACTORS LLC C/O ZENBUSINESS INC. 100 EAST BROAD STREET, SUITE 1350 COLUMBUS, OH 43215-0000
  115. SUMMONS E-FILE COPY COST
  116. WRIT FEE
  117. CERTIFIED MAIL RECEIPT NO. 52269926 RETURNED 11/28/2023 FAILURE OF SERVICE ON DEFENDANT GODEC/JACOB/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  118. SUMS AMENDED COMPLNT(52443533) SENT BY CERTIFIED MAIL. TO: GS CONCRETE LLC 13001 HOWARD DANVILLE RD HOWARD, OH 43028
  119. WRIT FEE
  120. SUMS AMENDED COMPLNT(52434759) SENT BY CERTIFIED MAIL. TO: JACOB GODEC 2829 ORCHARD DRIVE WILLOUGHBY HILLS, OH 44092
  121. WRIT FEE
  122. USPS RECEIPT NO. 52269925 DELIVERED BY USPS 11/09/2023 GS CONCRETE LLC PROCESSED BY COC 11/15/2023.
  123. DEPOSIT AMOUNT PAID NICHOLAS WEISS
  124. AMENDED COMPLAINT $75 AMENDED COMPLAINT
  125. SUMS COMPLAINT(52269926) SENT BY CERTIFIED MAIL. TO: JACOB GODEC 2829 ORCHARD DRIVE WILLOUGHBY HILLS, OH 44092
  126. SUMS COMPLAINT(52269925) SENT BY CERTIFIED MAIL. TO: GS CONCRETE LLC 13001 HOWARD DANVILLE RD HOWARD, OH 43028
  127. SUMMONS E-FILE COPY COST
  128. WRIT FEE
  129. WRIT FEE
  130. SUMMONS E-FILE COPY COST
  131. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  132. LEGAL RESEARCH
  133. LEGAL NEWS
  134. LEGAL AID
  135. COURT SPECIAL PROJECTS FUND
  136. COMPUTER FEE
  137. CLERK'S FEE
  138. DEPOSIT AMOUNT PAID NICHOLAS WEISS

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