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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-11-15
Status INACTIVE
Type Commercial Docket
Docket 56 entries

Parties

Plaintiff State Automobile Mutual Insurance Company As Subrogee Of Village Chagrin Partners Llc
Defendant Kenco Homes, Inc.|Snow & Ice Solutions Llc
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(52513461) SENT BY EMAIL. TO: MARK E. UTKE [email protected]
  3. JUDGMENT ENTRY(52513460) SENT BY EMAIL. TO: BEVERLY A. ADAMS [email protected]
  4. JUDGMENT ENTRY(52513459) SENT BY EMAIL. TO: CRAIG G PELINI [email protected]
  5. JUDGMENT ENTRY(52513458) SENT BY EMAIL. TO: CRAIG G PELINI [email protected]
  6. BY AND THROUGH THE STIPULATION FOR DISMISSAL FILED 11/30/2023, THIS MATTER IS SETTLED AND DISMISSED WITH PREJUDICE. ALL DATES CANCELED. THIS COURT RETAINS JURISDICTION OVER ALL POST-JUDGMENT MOTIONS. 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  7. STIPULATION FILED BY D2 SNOW & ICE SOLUTIONS LLC ATTORNEY BEVERLY A. ADAMS 0074958 STIPULATION FOR DISMISSAL WITH PREJUDICE AND JUDGMENT ENTRY
  8. MEDIATION HEARING HELD. THE PARTIES IN THE CAPTIONED CASE HAVE REACHED A SETTLEMENT AND AGREE TO SUBMIT THE DISMISSAL ENTRY WITHIN 30 DAYS OF THE DATE OF THIS ORDER. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  9. NOTICE FILED BY ATTORNEY PATRICK S CORRIGAN 0046785 DEFENDANT, STERLING REALTY ADVISORS, INC.'S NOTICE OF VOLUNTARY DISMISSAL OF CROSS-CLAIMS
  10. 08/29/2023: D4 STERLING REALTY ADVISORS, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS, ON PLAINTIFF'S COMPLAINT, FILED 07/21/2023 BY JENNIFER L WILSON 0071376 IN CASE CV-972543, IS GRANTED. THE CONTRACTUAL RELATIONSHIP BETWEEN STERLING AND SNOW AND ICE SOLUTIONS IS TOO ATTENUATED TO LEGALLY PERMIT STERLING TO BE HELD LIABILE FOR ANY NEGLIGENCE OF SNOW AND ICE SOLUTIONS. IN CONSTRUING THE MATERIAL ALLEGATIONS AND RESPONSES IN THE PLEADINGS, WITH ALL REASONABLE INFERENCES TO BE DRAWN THEREFROM, IN FAVOR OF THE PLAINTIFFS IN CV-972543 AS TRUE; THE COURT FINDS BEYOND DOUBT THAT THE PLAINTIFFS COULD PROVE NO SET OF FACTS IN SUPPORT OF HIS CLAIM THAT WOULD ENTITLE THEM TO RELIEF. JUDGMENT IS GRANTED IN FAVOR OF STERLING AND AGAINST PLAINTIFFS ON PLAINTIFFS' CLAIMS. PARTIAL. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  11. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO TAKE PLACE WITH ROBERT MCCLELLAND BETWEEN 10/01/2023 AND 12/01/2023. UPON AGREEMENT BY THE PARTIES. IF NECESSARY TO PROTECT THE HEALTH OF THE PARTICIPANTS, AND AT THE DISCRETION OF THE MEDIATOR, ANY PARTY MAY ATTEND THE MEDIATION BY TELEPHONE OR VIDEOCONFERENCE. IF MEDIATING IN A VIRTUAL ENVIRONMENT PROVES TO BE UNPRODUCTIVE, THE MEDIATOR MAY ORDER ANY OR ALL OF THE PARTICIPANTS TO APPEAR IN PERSON AT A LATER DATE. THE PARTIES ARE ORDERED TO DISCLOSE THEIR DEMAND(S) AND OFFER(S) IN ADVANCE OF MEDIATION TO FACILITATE THE MOST PRODUCTIVE MEDIATION POSSIBLE. THE PARTIES ARE ORDERED TO COMPLETE SUFFICIENT DISCOVERY IN ORDER TO MEDIATE APPROPRIATELY. THE ATTORNEYS ARE ENCOURAGED TO CONTACT THEIR MEDIATOR IN ADVANCE TO DISCLOSE ANY INFORMATION OR ISSUES THEY MAY HAVE THAT WOULD BE HELPFUL TO THE MEDIATOR, INCLUDING, BUT NOT LIMITED TO CASE PECULIARITIES, DISCOVERY ISSUES, OR CLIENT EXPECTATIONS. IF CIRCUMSTANCES WILL PREVENT THE PARTIES FROM MEDIATING THEIR CASE WITH THE DATE THEY CHOSE WITH THE ADR DEPARTMENT, THE PARTIES ARE ORDERED TO CANCEL THEIR MEDIATION AT LEAST 20 DAYS PRIOR TO THE MEDIATION. FAILURE TO PROVIDE THIS COURTESY TO THE ADR DEPARTMENT WILL RESULT IN THE COURT SETTING A MANDATORY, IN-PERSON PRE-TRIAL WITH ALL CLIENTS PRESENT AT THE TIME OF THE SCHEDULED MEDIATION TO EXPLAIN THE PROGRESS OF THEIR CASE AND WHY THEY WERE UNABLE TO MEDIATE AS PREVIOUSLY AGREED. SANCTIONS MAY ISSUE. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  12. MEDIATION SET FOR 10/30/2023 AT 09:00 AM. (Notice Sent).
  13. 06/13/2023: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. ANY AFFIRMATIVE EXPERT REPORT TO BE PRODUCED BY 10/115/2023; REBUTTAL REPORTS TO BE PRODUCED BY 01/15/2024. ANY MSJ TO BE FILED BY 02/15/2024; BRIEFS IN OPPOSITION AND REPLIES TO BE FILED PURSUANT TO THE CIVIL RULES. FINAL PRETRIAL SET FOR 05/16/2024 AT 02:30 PM. THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY IN ADVANCE TO DETERMINE THE BEST METHOD BY WHICH TO CONDUCT THE FINAL PRE-TRIAL. TRIAL BY JURY SET FOR 06/24/2024 AT 10:00 AM. TRIAL BRIEFS; JOINT JURY INSTRUCTIONS; VERDICT FORMS AGREED UPON BY COUNSEL; WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 06/03/2024; AN E-MAILED COPY TO THE STAFF ATTORNEY IS PREFERRED, INCLUDING ALL JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS IN MICROSOFT WORD FORMAT. PRIOR TO THE START OF JURY SELECTION, THE PARTIES ARE TO DELIVER TO THE COURT OR THE STAFF ATTORNEY A BRIEF AGREED-TO STATEMENT OF THE CASE TO BE READ TO THE PROSPECTIVE JURORS AS CONTEMPLATED BY CIV.R. 47(A). NOTE TAKING BY JURORS IS PERMITTED. JURY QUESTIONNAIRES AND SUBMISSION OF QUESTIONS BY JURORS TYPICALLY IS NOT PERMITTED. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
  14. NOTICE FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 NOTICE OF SERVICE OF DISCOVERY REQUESTS
  15. NOTICE FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 NOTICE OF SERVICE OF RESPONSES TO DISCOVERY REQUESTS
  16. NOTICE FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 NOTICE OF SERVICE OF RESPONSES TO DISCOVERY REQUESTS
  17. ANSWER FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 ANSWER TO CROSS-CLAIM
  18. 03/14/2023: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. THE PARTIES ARE TO BEGIN INITIAL DISCOVERY AND BE BETTER PREPARED TO DETERMINE IF ANY PARTIES CAN BE DISMISSED FROM THE CASE AND WHAT A REALISTIC TRIAL SCHEDULE WOULD BE. TELEPHONE CONFERENCE SET FOR 06/13/2023 AT 10:30 AM. THE PARTIES ARE TO DISTRIBUTE A CONFERENCE NUMBER OR JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  19. ANSWER FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 ANSWER TO CROSS-CLAIM
  20. NOTICE FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 NOTICE OF SERVICE OF DISCOVERY DIRECTED TO STATE AUTOMOBILE
  21. NOTICE FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 NOTICE OF SERVICE OF DISCOVERY DIRECTED TO FACTORY MUTUAL
  22. PRETRIAL CONFERENCE SET FOR 03/14/2023 AT 11:15 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. 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. 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 JANET R BURNSIDE. NOTICE ISSUED
  23. DEPOSIT AMOUNT PAID PATRICK S CORRIGAN
  24. ANSWER AND CROSSCLAIM $75 DEFENDANT, STERLING REALTY ADVISORS, INC.'S, ANSWER TO PLAINTIFFS' COMPLAINT IN CASE NUMBER CV 22 972543 AND CROSS-CLAIMS AGAINST DEFENDANTS, VILLAGECHAGRIN PARTNERS, LLC, KENCO HOMES, INC. AND SNOW & ICE SOLUTIONS, LLC
  25. ANSWER FILED BY D2 SNOW & ICE SOLUTIONS LLC ATTORNEY BEVERLY A. ADAMS 0074958 ANSWER ON BEHALF OF DEFENDANT SNOW & ICE SOLUTIONS, LLC, TO CROSS-CLAIM OF DEFENDANT KENCO HOMES, INC.
  26. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD AND JOURNAL ENTRY
  27. ANSWER FILED BY D2 SNOW & ICE SOLUTIONS LLC ATTORNEY BEVERLY A. ADAMS 0074958 ANSWER ON BEHALF OF DEFENDANT SNOW & ICE SOLUTIONS, LLC TO THE COMPLAINT
  28. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO MOVE OR PLEAD
  29. NOTICE FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 NOTICE OF SERVICE OF DEFENDANT'S INITIAL DISCLOSURES
  30. NOTICE OF APPEARANCE, FILED PATRICK S CORRIGAN 0046785. NOTICE OF APPEARANCE
  31. GENERAL PLEADING FILED BY D1 KENCO HOMES, INC. ATTORNEY CRAIG G PELINI 0019221 ANSWER AND CROSS-CLAIM
  32. NOTICE OF APPEARANCE, FILED D1 KENCO HOMES, INC. CRAIG G PELINI 0019221. NOTICE OF APPEARANCE FOR KENCO HOMES INC.
  33. 01/03/2023: PLAINTIFF'S MOTION TO CONSOLIDATE, FILED 12/15/2022, IS GRANTED. THE PARTIES ARE ORDERED TO FILE ALL PLEADINGS ONLY IN THE CASE NUMBER THAT IS THE SUBJECT OF THE PLEADING. THE COURT WILL PLACE ALL JOURNAL ENTRIES ON ALL CASES. NOTICE ISSUED
  34. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD AND JOURNAL ENTRY
  35. MOTION TO CONSOLIDATE FILED PLAINTIFF'S MOTION TO CONSOLIDATE 01/04/2023 - GRANTED
  36. 12/13/2022: P1 STATE AUTOMOBILE MUTUAL INSURANCE COMPANY MARK E. UTKE 0088559 PERMISSION TO APPEAR PRO HAC VICE, FILED 12/09/2022, IS GRANTED. THE CLERK OF COURTS IS ORDERED TO ADD ADDITIONAL COUNSEL FOR THE PLAINTFF, NAMELY: SEAN P. O'DONNELL (PHV - 1048-2022) COZEN O'CONNOR 1650 MARKET STREET, SUITE 2800 PHILADELPHIA, PA 19103 215-665-2000 (BUSINESS TELEPHONE) 215-665-2013 (BUSINESS FAX) [email protected] (BUSINESS E-MAIL) THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  37. MOTION FILED FOR P1 STATE AUTOMOBILE MUTUAL INSURANCE COMPANY MARK E. UTKE 0088559 PERMISSION TO APPEAR PRO HAC VICE 12/14/2022 - GRANTED
  38. CERTIFIED MAIL RECEIPT NO. 49113036 RETURNED 12/8/2022 FAILURE OF SERVICE ON DEFENDANT KENCO HOMES, INC. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  39. JUDGE MICHAEL P SHAUGHNESSY (368) REMOVED - TRANSF'D TO COMMERCIAL DOCKET. CASE REASSIGNED TO MICHAEL J RUSSO (341) (RANDOM). NOTICE ISSUED
  40. PURSUANT TO SUP.R 49.07(C), THIS MATTER IS REFERRED TO ADMINISTRATIVE JUDGE FOR REASSIGNMENT TO THE COMMERCIAL DOCKET. NOTICE ISSUED
  41. USPS RECEIPT NO. 49113037 DELIVERED BY USPS 11/21/2022 SNOW & ICE SOLUTIONS LLC PROCESSED BY COC 11/30/2022.
  42. SUMS COMPLAINT(49113037) SENT BY CERTIFIED MAIL. TO: SNOW & ICE SOLUTIONS LLC 7005 KRICK ROAD UNIT D BEDFORD, OH 44146
  43. SUMS COMPLAINT(49113036) SENT BY CERTIFIED MAIL. TO: KENCO HOMES, INC. 24901 AURORA ROAD BEDFORD HEIGHTS, OH 44146
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. WRIT FEE
  47. WRIT FEE
  48. JUDGE MICHAEL P SHAUGHNESSY ASSIGNED (RANDOM)
  49. LEGAL RESEARCH
  50. LEGAL NEWS
  51. LEGAL AID
  52. COURT SPECIAL PROJECTS FUND
  53. COMPUTER FEE
  54. CLERK'S FEE
  55. DEPOSIT AMOUNT PAID MARK E. UTKE
  56. DEPOSIT AMOUNT PAID MARK E. UTKE

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