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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-11-14
Status INACTIVE
Type Commercial Docket
Docket 44 entries

Parties

Plaintiff 6485 Pearl Road, Llc
Defendant Home Sleeps And Living, Llc|Steve Novak
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(52109440) SENT BY EMAIL. TO: MARGARET E COOPER [email protected]
  3. DEFENDANTS' MOTION TO STAY PROCEEDINGS AND CANCEL MEDIATION WITH ORDER, FILED 10/09/2023, IS GRANTED. THE COURT BEING ADVISED THAT DEFENDANT STEVE NOVAK HAS FILED A BANKRUPTCY PETITION (CASE NO. 23-13539, U.S. BANKRUPTCY COURT, NORTHERN DISTRICT OF OHIO), PROCEEDINGS IN THIS CASE ARE STAYED (11 U.S.C SECTION 362), AND THE CASE IS REMOVED FROM THE COURT'S ACTIVE DOCKET. CASE WILL BE RETURNED TO THE PENDING DOCKET ONLY UPON MOTION. 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. ASSIGNED JUDGE UNAVAILABLE, THIS ENTRY TAKEN BY ADMINISTRATIVE JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  4. MEDIATION SCHEDULED FOR 10/11/2023 AT 09:00 AM IS CANCELLED.
  5. MOTION FILED FOR DEFENDANT(S) HOME SLEEPS AND LIVING, LLC(D1) and STEVE NOVAK(D2) MARGARET E COOPER 0072018 DEFENDANTS' MOTION TO STAY PROCEEDINGS AND CANCEL MEDIATION WITH ORDER 10/13/2023 - GRANTED
  6. GENERAL PLEADING FILED BY DEFENDANT(S) HOME SLEEPS AND LIVING, LLC(D1) and STEVE NOVAK(D2) ATTORNEY MARGARET E COOPER 0072018 DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WITH ORDER
  7. GENERAL PLEADING FILED BY DEFENDANT(S) HOME SLEEPS AND LIVING, LLC(D1) and STEVE NOVAK(D2) ATTORNEY MARGARET E COOPER 0072018 DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT WITH ORDER
  8. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
  9. MOTION FOR DEFAULT JUDGMENT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
  10. MEDIATION SET FOR 10/11/2023 AT 09:00 AM. (Notice Sent).
  11. 07/25/2023: DEFENDANT(S) HOME SLEEPS AND LIVING, LLC(D1) AND STEVE NOVAK(D2)'S MOTION TO CONTINUE MEDIATION, FILED 07/21/2023, IS GRANTED. DEADLINE FOR MEDIATION IS EXTENDED THROUGH 10/31/2023. ASSIGNED JUDGE UNAVAILABLE, THIS ENTRY TAKEN BY ADMINISTRATIVE JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  12. MEDIATION SCHEDULED FOR 07/28/2023 AT 09:00 AM IS CANCELLED.
  13. DEFENDANT(S) HOME SLEEPS AND LIVING, LLC(D1) and STEVE NOVAK(D2)'S MOTION FOR CONTINUANCE MARGARET E COOPER 0072018. ^F^ MOTION TO CONTINUE MEDIATION 07/26/2023 - GRANTED
  14. MEDIATION SET FOR 07/28/2023 AT 09:00 AM. (Notice Sent).
  15. 04/19/2023: PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO TAKE PLACE AS SOON AS POSSIBLE AND NO LATER THAN 07/31/2023. 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. ANY DISPOSITIVE MOTION TO BE FILED BY 09/15/2023; BRIEFS IN OPPOSITION AND REPLIES TO BE FILED PURSUANT TO THE CIVIL RULES. FINAL PRETRIAL SET FOR 12/14/2023 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 01/18/2024 AT 10:00 AM. TRIAL BRIEFS, WITNESS LISTS; EXHIBIT LISTS; AND MOTIONS IN LIMINE ARE TO BE FILED AND COPIES DELIVERED TO THE COURTROOM OR STAFF ATTORNEY BY 01/04/2024. THIS ENTRY TAKEN BY JUDGE BRENDAN J SHEEHAN. NOTICE ISSUED
  16. MOTION TO DISMISS FILED DEFENDANTS' 12(B)(6) MOTION TO DISMISS, FILED 02/09/2023, IS DENIED. PRETRIAL CONFERENCE SET FOR 04/19/2023 AT 10:30 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
  17. GENERAL PLEADING FILED BY DEFENDANT(S) HOME SLEEPS AND LIVING, LLC(D1) and STEVE NOVAK(D2) ATTORNEY MARGARET E COOPER 0072018 DEFENDANTS' RESPONSE TO PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS
  18. BRIEF IN OPPOSITION FILED BY P1 6485 PEARL ROAD, LLC CAITLIN THOMPSON 0099082 BRIEF IN OPPOSITION OF DEFENDANTS' 12(B)(6) MOTION TO DISMISS
  19. CMC BY PHONE SCHEDULED FOR 03/08/2023 AT 02:30 PM IS CANCELLED.
  20. JUDGE HOLLIE L GALLAGHER (352) REMOVED - TRANSF'D TO COMMERCIAL DOCKET. CASE REASSIGNED TO MICHAEL J RUSSO (341) (RANDOM). NOTICE ISSUED
  21. PURSUANT TO SUP.R 49.07(C), THIS MATTER IS REFERRED TO ADMINISTRATIVE JUDGE FOR REASSIGNMENT TO THE COMMERCIAL DOCKET. NOTICE ISSUED
  22. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR COOPER/MARGARET/E 02/12/2023 17:01:33
  23. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR THOMPSON/CAITLIN/ 02/12/2023 17:01:33
  24. CMC BY PHONE SET FOR 03/08/2023 AT 02:30 PM. THE COURT WILL INITIATE THE CALL PROMPTLY AT THE APPOINTED TIME. PLEASE DO NOT APPEAR IN PERSON. ALL COUNSEL MUST BE PREPARED TO ENTER A BINDING CASE MANAGEMENT ORDER.
  25. MOTION TO DISMISS FILED DEFENDANTS' 12(B)(6) MOTION TO DISMISS 03/20/2023 - DENIED
  26. SUMS COMPLAINT(49343658) SENT BY REGULAR MAIL SERVICE. TO: HOME SLEEPS AND LIVING, LLC 188 FRONT STREET BEREA, OH 44017 ANSWER DATE: 01/13/2023
  27. SUMMONS E-FILE COPY COST
  28. WRIT FEE
  29. UPON TELEPHONIC REQUEST, THE COURT GRANTS DEFENDANT STEVE NOVAK LEAVE UNTIL 01/27/2023 TO FILE AN ANSWER OR OTHERWISE PLEAD. NOTICE ISSUED
  30. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  31. CERTIFIED MAIL RECEIPT NO. 49153062 RETURNED 12/14/2022 FAILURE OF SERVICE ON DEFENDANT HOME SLEEPS AND LIVING, LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  32. USPS RECEIPT NO. 49153061 DELIVERED BY USPS 12/02/2022 NOVAK/STEVE/ PROCESSED BY COC 12/07/2022.
  33. SUMS COMPLAINT(49153062) SENT BY CERTIFIED MAIL. TO: HOME SLEEPS AND LIVING, LLC 188 FRONT STREET BEREA, OH 44017
  34. SUMS COMPLAINT(49153061) SENT BY CERTIFIED MAIL. TO: STEVE NOVAK 590 EASTLAND ROAD BEREA, OH 44017
  35. WRIT FEE
  36. WRIT FEE
  37. JUDGE HOLLIE L GALLAGHER ASSIGNED (RANDOM)
  38. LEGAL RESEARCH
  39. LEGAL NEWS
  40. LEGAL AID
  41. COURT SPECIAL PROJECTS FUND
  42. COMPUTER FEE
  43. CLERK'S FEE
  44. DEPOSIT AMOUNT PAID CAITLIN THOMPSON

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