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Case Information
Filed
2023-06-02
Status
INACTIVE
Type
Commercial Docket
Docket
25 entries
Parties
Plaintiff
Shelly Materials, Inc.
Defendant
Ohio Erie Excavating, Llc|Kraig Slutz
Lawyers
Docket Entries
- CASE FILED: COMPLAINT, SERVICE REQUEST
- 07/27/2023: CASE CALLED FOR PRE-TRIAL. COUNSEL FOR PLAINTIFF APPEARED; NEITHER DEFENDANTS NOR COUNSEL FOR DEFENDANTS APPEARED. PLAINTIFF MOVED ORALLY FOR DEFAULT JUDGMENT. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. A HEARING WAS HELD. UPON THE EVIDENCE PRESENTED, THE COURT FINDS THAT PROPER SERVICE OF PROCESS ON DEFENDANTS HAS BEEN OBTAINED, THAT DEFENDANTS HAVE 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 DEFENDANTS IN DEFAULT. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT PURSUANT TO CIV.R. 55, DEFAULT JUDGMENT IS HEREBY RENDERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS OHIO ERIE EXCAVATING LLC AND KRAIG SLUTZ, JOINTLY AND SEVERALLY, IN THE RINCIPAL OVERDUE MATERIAL COST AMOUNT OF $5,289.86.. DEFENDANTS TO PAY PLAINTIFF'S REASONABLE ATTORNEYS' FEES OF $1,333.00, PLUS ACCRUED FINANCE CHARGES OF $364.00 CONTINUING AT $72.80 A MONTH STARTING FROM THE DATE OF THIS ORDER, AND COURT COSTS. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- DEFAULT HEARING SET FOR 07/27/2023 AT 10:45 AM. PHONE PRE-TRIAL CONFERENCE TO BE HELD IN LIEU OF CMC. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE PRE-TRIAL OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. IF DEFENDANT(S) FAIL TO RESPOND TO THE COMPLAINT, THE PRE-TRIAL WILL BE CONVERTED TO A DEFAULT HEARING WITHOUT FURTHER WARNING. DEFAULT HEARING WILL BE HELD BY TELEPHONE UNLESS OTHER ARRANGEMENTS ARE MADE AT LEAST ONE WEEK IN ADVANCE. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE HEARING OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. LITIGANTS WHO PLAN TO REPRESENT THEMSELVES OR HAVE NOT YET HIRED AN ATTORNEY MAY CONTACT THE STAFF ATTORNEY AT ANY TIME TO INQUIRE ABOUT THE COURT PROCESS AND TO MAKE ARRANGEMENTS TO APPEAR. THE STAFF ATTORNEY CAN BE CONTACTED AT [email protected] OR 216.443.8591. DEFENDANTS IN DEBT COLLECTION CASES MAY CONTACT THE COURT RESOURCE CENTER AT 216.443.8204 OR [email protected] FOR ADDITIONAL ASSISTANCE. DEFENDANTS MAY ALSO WISH TO CONTACT THE CLEVELAND LEGAL AID SOCIETY (HTTPS://LASCLEV.ORG/CONTACT/) OR SCRANTON ROAD LEGAL CLINIC (HTTPS://SCRANTONROADMINISTRIES.ORG/LEGAL) FOR LEGAL ADVICE. LITIGANTS NEED NOT PARTICIPATE IF THEY ARE REPRESENTED BY COUNSEL, BUT MAY PARTICIPATE AT ANY COURT DATE. FAILURE OF PRO SE PLTF OR PLTF'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN ACTION BEING DISMISSED. FAILURE OF PRO SE DEFT OR DEFT'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN COURT HOLDING EX PARTE TRIAL OR WILL RESULT IN ENTRY OF DEFAULT JUDGMENT. JUDGE MICHAEL J. RUSSO'S STANDING ORDERS AND LITIGATION PREFERENCES ARE AVAILABLE ON HIS PROFILE ON THE COURT'S WEBSITE. THE PARTIES ARE EXPECTED TO HAVE COMPLIED WITH THE PRE-TRIAL DISCLOSURES REQUIRED BY CIV. R. 26 PRIOR TO THE FIRST PRE-TRIAL. FAILURE TO COMPLY WITH CIV.R 26 WILL RESULT IN THE COURT SETTING A DISCOVERY HEARING WITH THE POSSIBILITY OF DISMISSAL OR DEFAULT JUDGMENT FOR FAILING TO COMPLY. THE PARTIES MAY REQUEST ORAL ARGUMENT OR FORMAL HEARING ON ANY MATTER BY CONTACTING THE STAFF ATTORNEY. ANY COURT DATE MAY BE HELD IN PERSON, BUT THE PARTIES MUST MAKE ARRANGEMENTS IN ADVANCE BY CONTACTING THE STAFF ATTORNEY. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- CERTIFIED MAIL RECEIPT NO. 50805769 RETURNED 06/27/2023 FAILURE OF SERVICE ON DEFENDANT OHIO ERIE EXCAVATING, LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- USPS RECEIPT NO. 50805770 DELIVERED BY USPS 06/13/2023 OHIO ERIE EXCAVATING, LLC PROCESSED BY COC 06/21/2023.
- JUDGE SHANNON M GALLAGHER (366) REMOVED - TRANSF'D TO COMMERCIAL DOCKET. CASE REASSIGNED TO MICHAEL J RUSSO (341) (RANDOM). NOTICE ISSUED
- USPS RECEIPT NO. 50805771 DELIVERED BY USPS 06/10/2023 SLUTZ/KRAIG/ PROCESSED BY COC 06/14/2023.
- PURSUANT TO SUP.R 49.07(C), THIS MATTER IS REFERRED TO ADMINISTRATIVE JUDGE SHEEHAN FOR REASSIGNMENT TO THE COMMERCIAL DOCKET. NOTICE ISSUED
- SUMS COMPLAINT(50805771) SENT BY CERTIFIED MAIL. TO: KRAIG SLUTZ 9997 LAWRIDGE STREET NE BOLIVAR, OH 44612
- SUMS COMPLAINT(50805770) SENT BY CERTIFIED MAIL. TO: OHIO ERIE EXCAVATING, LLC STATUTORY AGENT KRAIG SLUTZ 535 7TH ST. P.O. BOX 556 ZOAR, OH 44697-0000
- SUMS COMPLAINT(50805769) SENT BY CERTIFIED MAIL. TO: OHIO ERIE EXCAVATING, LLC 9072 TOWPATH ROAD NE BOLIVAR, OH 44612
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- WRIT FEE
- SUMMONS E-FILE COPY COST
- JUDGE SHANNON M GALLAGHER ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID AARON S EVENCHIK
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