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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-06-21
Status INACTIVE
Type Tort M.v. Accident
Docket 38 entries

Parties

Plaintiff City Of Brecksville|Selective Insurance Company Of America
Defendant Kenneth Lee Stewart|Tabitha S Moore
Photo of Hon. SHIRLEY STRICKLAND SAFFOLD

Judge

Hon. SHIRLEY STRICKLAND SAFFOLD

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. REFUND BALANCE OF CASE COST DEPOSIT TO ROBERTS, MATEJCZYK & ITA CO., LPA
  3. CASE MANAGEMENT CONFERENCE CALLED 11/16/23. COUNSEL FOR PLAINTIFF PRESENT. DEFENDANTS TABITHA MOORE AND KENNETH LEE STEWART FAILED TO APPEAR, FAILED TO TIMELY FILE AN ANSWER TO THE PLAINTIFF'S COMPLAINT, AND ARE IN DEFAULT. PURSUANT TO THIS COURT'S ORDER, DATED 10/12/23, THE CASE MANAGEMENT CONFERENCE WAS CONVERTED TO A DEFAULT HEARING. A HEARING WAS HELD. UPON THE EVIDENCE PRESENTED THE COURT FINDS THAT PROPER SERVICE OF PROCESS ON DEFENDANT HAS BEEN OBTAINED, THAT DEFENDANT HAS 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 DEFENDANT IN DEFAULT. THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT PURSUANT TO CIV.R. 55, DEFAULT IS HEREBY RENDERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS, TABITHA MOORE AND KENNETH LEE STEWART, JOINTLY AND SEVERALLY, IN THE AMOUNT OF $4,238.68. DEFENDANTS TO PAY POST-JUDGMENT INTEREST AT THE STATUTORY RATE FROM THE DATE OF JUDGMENT, PLUS COSTS OF THIS ACTION. FINAL. OSJ. COURT COST ASSESSED TO THE DEFENDANT(S). NOTICE ISSUED
  4. NOTICE FILED BY PLAINTIFF(S) CITY OF BRECKSVILLE(P1) and SELECTIVE INSURANCE COMPANY OF AMERICA(P2) ATTORNEY AMANDA D. MARTANOVIC 0092366 NOTICE OF FILING
  5. MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT 11/16/2023 - UNOPPOSED AND GRANTED
  6. SUMS COMPLAINT(52104927) SENT BY REGULAR MAIL SERVICE. TO: KENNETH LEE STEWART 8002 MARYLAND AVE. CLEVELAND, OH 44105-0000 ANSWER DATE: 11/09/2023 ANSWER DATE: 11/09/2023 ANSWER DATE: 11/09/2023
  7. SUMMONS E-FILE COPY COST
  8. WRIT FEE
  9. CASE MANAGEMENT CONFERENCE CALLED 10/11/23. COUNSEL FOR PLAINTIFF PRESENT. THE DOCKET REFLECTS THAT SERVICE ON DEFENDANT TABITHA MOORE WAS COMPLETED 07/31/23. DEFENDANT MOORE HAS NOT FILED AN ANSWER OR OTHERWISE RESPONDED TO THE COMPLAINT. SERVICE ON DEFENDANT KENNETH STEWART HAS NOT BEEN COMPLETED. ACCORDINGLY, CASE MANAGEMENT CONFERENCE CONTINUED TO 11/16/23 AT 10:00AM IN COURTROOM 21-B. IF DEFENDANT FAILS TO TIMELY ANSWER, THEN THE PLAINTIFF SHALL FILE A MOTION FOR DEFAULT JUDGMENT AND THE CASE MANAGEMENT CONFERENCE WILL BE AUTOMATICALLY CONVERTED TO A DEFAULT HEARING. COUNSEL FOR THE PLAINTIFF SHALL FILE BEFORE THE HEARING: (1) AN AFFIDAVIT OF DAMAGES; (2) THE CONTRACT, ASSIGNMENT, OR WRITTEN INSTRUMENT UPON WHICH PLAINTIFF SEEKS JUDGMENT; (3) AN AFFIDAVIT OF NON-MILITARY SERVICE STATUS WITH ATTACHED STATUS REPORT FROM THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER PURSUANT TO THE SERVICEMEMBERS' CIVIL RELIEF ACT; (4) AN AFFIDAVIT OF SERVICE SIGNED BY THE PLAINTIFF'S ATTORNEY; (5) A PROPOSED JUDGMENT ENTRY; AND (6) A COPY OF THE NOTICE LETTER ADVISING DEFENDANT(S) OF THE DATE AND TIME OF THE DEFAULT HEARING. THE LETTER SHALL BE SENT BY REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST 14 DAYS IN ADVANCE AS NOTICE OF THE HEARING. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO APPEAR MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. IT IS SO ORDERED. NOTICE ISSUED
  10. CASE MGMNT CONFERENCE SET FOR 11/16/2023 AT 10:00 AM. (Notice Sent).
  11. PRAECIPE FILED PRECIPE FOR SERVICE
  12. CERTIFIED MAIL RECEIPT NO. 51794134 RETURNED 10/3/2023 FAILURE OF SERVICE ON DEFENDANT STEWART/KENNETH/LEE - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  13. CASE MGMNT CONFERENCE SET FOR 10/11/2023 AT 01:45 PM. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. LEAD COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE PRESENT IN PERSON AND TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE BE PRESENT IN PERSON. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO APPEAR AT THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. CASE MANAGEMENT CONFERENCES ARE CONDUCTED IN PERSON; TELEPHONE ATTENDANCE IS NOT PERMITTED FOR ANY REASON. DO NOT CALL THE COURT REQUESTING TELEPHONE APPEARANCE. NOTICE ISSUED. NOTICE ISSUED
  14. SUMS COMPLAINT(51794134) SENT BY CERTIFIED MAIL. TO: KENNETH LEE STEWART 8002 MARYLAND AVE. CLEVELAND, OH 44105-0000
  15. WRIT FEE
  16. SUMMONS E-FILE COPY COST
  17. REQUEST FOR SERVICE FILED PRECIPE FOR SERVICE
  18. CERTIFIED MAIL NUMBER 50932904 ADDRESSED TO KENNETH LEE STEWART(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  19. USPS RECEIPT NO. 51183461 DELIVERED BY USPS 07/31/2023 MOORE/TABITHA/S PROCESSED BY COC 08/09/2023.
  20. SUMS COMPLAINT(51183461) SENT BY CERTIFIED MAIL. TO: TABITHA S MOORE CUYAHOGA COUNTY CORRECTIONS CENTER 1215 W 3RD ST CLEVELAND, OH 44113-0000
  21. WRIT FEE
  22. SUMMONS E-FILE COPY COST
  23. REQUEST FOR SERVICE FILED PRECIPE FOR SERVICE
  24. CERTIFIED MAIL RECEIPT NO. 50932905 RETURNED 6/24/2023 FAILURE OF SERVICE ON DEFENDANT MOORE/TABITHA/S - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  25. SUMS COMPLAINT(50932905) SENT BY CERTIFIED MAIL. TO: TABITHA S MOORE 14718 DOVER AVE. EAST CLEVELAND, OH 44112
  26. SUMS COMPLAINT(50932904) SENT BY CERTIFIED MAIL. TO: KENNETH LEE STEWART 2215 E. 79TH ST. CLEVELAND, OH 44103
  27. SUMMONS E-FILE COPY COST
  28. WRIT FEE
  29. SUMMONS E-FILE COPY COST
  30. WRIT FEE
  31. JUDGE SHIRLEY STRICKLAND SAFFOLD ASSIGNED (RANDOM)
  32. LEGAL RESEARCH
  33. LEGAL NEWS
  34. LEGAL AID
  35. COURT SPECIAL PROJECTS FUND
  36. COMPUTER FEE
  37. CLERK'S FEE
  38. DEPOSIT AMOUNT PAID AMANDA D. MARTANOVIC

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