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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-10-05
Status INACTIVE
Type Consumer Debt
Docket 55 entries

Parties

Plaintiff Capital One, N.a.
Defendant Kevin J Mckenzie Ii
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. REFUND BALANCE OF CASE COST DEPOSIT TO LYONS, DOUGHTY & VELDHUIS, P.C
  3. NOTICE FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JACKSON T. MOYER 0081119 NOTICE OF SERVICE
  4. P1 CAPITAL ONE, N.A.'S MOTION FOR CONTINUANCE JESSICA E. GOLDSTEIN 0081662. ^F^ MOTION FOR CONTINUANCE 07/15/2024 - MOOT
  5. JUDGMENT ENTRY(54271519) SENT BY EMAIL. TO: KEVIN J MCKENZIE II [email protected]
  6. JUDGMENT ENTRY(54271518) SENT BY EMAIL. TO: JESSICA E. GOLDSTEIN [email protected]
  7. JUDGMENT ENTRY(54271517) SENT BY EMAIL. TO: JESSICA E. GOLDSTEIN [email protected]
  8. JUDGMENT ENTRY(54271516) SENT BY EMAIL. TO: JACKSON T. MOYER [email protected]
  9. JUDGMENT ENTRY(54271515) SENT BY EMAIL. TO: JACKSON T. MOYER [email protected]
  10. JUDGMENT ENTRY(54271514) SENT BY EMAIL. TO: JACKSON T. MOYER [email protected]
  11. PURSUANT TO CIVIL RULE 56 THIS COURT HAS CONSIDERED THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, THE PROPERLY ADMITTED EXHIBITS, AND, THE PLEADINGS. THE DEFENDANT FAILED TO FILE A BRIEF IN OPPOSITION TO THE INSTANT MOTION. THIS COURT IN CONSTRUING THE EVIDENCE STRONGLY IN FAVOR OF THE NONMOVING PARTY, THE DEFENDANT, FINDS THAT THE MOVING PARTY, THE PLAINTIFF, HAS MET ITS BURDEN AS THERE DOES NOT EXIST A GENUINE ISSUE OF MATERIAL FACT. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT, KEVIN J MCKENZIE II, FILED 05/30/2024, IS GRANTED. JUDGMENT IS HEREBY AWARDED AGAINST DEFENDANT, KEVIN J MCKENZIE II , AND IN FAVOR OF PLAINTIFF, CAPITAL ONE, N.A., IN THE AMOUNT OF $3,349.68, AND POST-JUDGMENT INTEREST AT 0.00%, PLUS THE COSTS OF THIS ACTION. PLAINTIFF WAIVES POST JUDGMENT INTEREST. 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. NOTICE ISSUED
  12. TRIAL SCHEDULED FOR 07/11/2024 AT 11:30 AM IS CANCELLED.
  13. TRIAL SET FOR 07/25/2024 AT 11:00 AM. (Notice Sent).
  14. MOTION FILED FOR P1 CAPITAL ONE, N.A. JESSICA E. GOLDSTEIN 0081662. MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT, INSTANTER, FILED 05/30/2024, IS GRANTED. BRIEF IN OPPOSITION TO BE FILED 06-28-24 AND REPLY THERETO TO BE FILED 07-05-24. TRIAL IS CONTINUED TO 07-25-24 @ 11:00 A.M. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME, FILED 04/15/2024, IS MOOT. NOTICE ISSUED
  15. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT, KEVIN J MCKENZIE II 07/11/2024 - GRANTED
  16. MOTION FILED FOR P1 CAPITAL ONE, N.A. JESSICA E. GOLDSTEIN 0081662 MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT, INSTANTER 06/04/2024 - GRANTED
  17. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME 06/04/2024 - MOOT
  18. CASE MANAGEMENT CONFERENCE HELD TELEPHONICALLY WITH COUNSEL FOR PLAINTIFF PRESENT. PRO SE DEFENDANT DID NOT ANSWER TELEPHONE CALL FOR CMC, HOWEVER, A MESSAGE WAS PLACED BY THIS COURT REGARDING THE FOLLOWING DATES: DISPOSITIVE MOTIONS TO INCLUDE MOTIONS FOR SUMMARY JUDGMENT TO BE FILED BY 05-01-24; BRIEFS IN OPPOSITION TO BE FILED BY 05-29-24; AND, REPLIES TO BE FILED BY O6-05-24. TRIAL SET FOR 07-11-24 @ 11:30 A.M. NOTICE ISSUED
  19. TRIAL SET FOR 07/11/2024 AT 11:30 AM. (Notice Sent).
  20. NOTICE FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JACKSON T. MOYER 0081119 NOTICE OF MAILING
  21. NOTICE FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JACKSON T. MOYER 0081119 PLAINTIFF'S INITIAL DISCLOSURE UNDER CIV. R. 26(B)(3)
  22. NOTICE FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JESSICA E. GOLDSTEIN 0081662 NOTICE OF SERVICE
  23. CMC BY PHONE SET FOR 03/13/2024 AT 3:00 P.M. CMC SHALL BE CONDUCTED BY PHONE, COURT TO INITIATE THE CALL. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN 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 COMPLY WITH DISCOVERY PURSUANT TO CIVIL RULES OF PROCEDURE. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT. NOTICE ISSUED
  24. CMC BY PHONE SET FOR 03/13/2024 AT 03:00 PM. (Notice Sent).
  25. DEFAULT HEARING SCHEDULED FOR 03/16/2024 AT 09:00 AM IS CANCELLED.
  26. ANSWER OFM KEVIN J. MCKENZIE II . PRO SE (9999999)
  27. DEFENDANT GRANTED LEAVE TO FILE HIS ANSWER, RESPONSE OR OTHERWISE PLEAD BY 03-08-24. NOTICE ISSUED
  28. PURSUANT TO PLAINTIFF'S REQUEST, ITS MOTION FOR DEFAULT IS CONTINUED TO 03-13-24 @ 9:00 A.M. AS PLAINTIFF HAS FAILED TO FILE REQUIRED DOCUMENTS TO INCLUDE ITS MOTION FOR DEFAULT. PLAINTIFF REQUIRED TO FOLLOW DIRECTIVES IN THIS COURT'S 01-18-24 JOURNAL ENTRY. FAILURE TO FILE REQUIRED AND NECESSARY DOCUMENTS FOR ITS MOTION FOR DEFAULT MAY RESULT IN A DISMISSAL FOR FAILURE TO PROSECUTE. NOTICE ISSUED
  29. DEFAULT HEARING SET FOR 03/16/2024 AT 09:00 AM. (Notice Sent).
  30. DEFAULT HEARING SCHEDULED FOR 02/21/2024 AT 09:00 AM IS CANCELLED.
  31. NOTICE FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JACKSON T. MOYER 0081119 NOTICE OF MAILING
  32. AFFIDAVIT FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JESSICA E. GOLDSTEIN 0081662 SERVICE AFFIDAVIT
  33. DEFAULT HEARING IS SET FOR 02-21-24 @ 9:00 A.M. PLAINTIFF TO PROVIDE COURT WITH PROOF OF SERVICE, AFFIDAVIT OF DAMAGES, PROPOSED JOURNAL ENTRY, AND A COPY OF LETTER SENT TO DEFENDANT BY REGULAR AND CERTIFIED (RETURN RECEIPT REQUESTED) U.S. MAIL. PLAINTIFF'S LETTER TO DEFENDANT SHALL INCLUDE THE DATE, TIME AND PLACE OF HEARING. SAID LETTER SHALL ALSO INCLUDE THE FOLLOWING LANGUAGE: "JUDGMENT MAY BE RENDERED AGAINST YOU." IF PLAINTIFF'S CASE IS A COLLECTION ON AN ACCOUNT(S) PLAINTIFF SHALL ALSO PROVIDE COPIES OF AN ACTUAL BILLING STATEMENT TO DEFENDANT, DOCUMENTATION OF THE DATE OF THE LAST PURCHASE ON THE ACCOUNT MADE BY DEFENDANT, NOT TO INCLUDE A LATE PAYMENT FEE OR INTEREST FEE ONLY, DOCUMENTATION OF THE DATE OF THE LAST PAYMENT ON THE ACCOUNT, AND DOCUMENTARY PROOF OF ASSIGNMENT OF THE ACCOUNT NOT BY AFFIDAVIT. DEFENDANT TO SUBMIT ALL DOCUMENTATION BY FILING THE SAME WITH THE CLERK'S OFFICE PRIOR TO THE HEARING. NOTICE ISSUED
  34. DEFAULT HEARING SET FOR 02/21/2024 AT 09:00 AM. (Notice Sent).
  35. CMC BY PHONE SCHEDULED FOR 01/17/2024 AT 02:40 PM IS CANCELLED.
  36. NOTICE FILED BY P1 CAPITAL ONE, N.A. ATTORNEY JESSICA E. GOLDSTEIN 0081662 NOTICE OF MAILING
  37. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MCKENZIE II/KEVIN/J 11/29/2023 17:01:42
  38. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR GOLDSTEIN/JESSICA/E. 11/29/2023 17:01:42
  39. CMC BY PHONE SET FOR 01/17/2024 AT 02:40 PM. CMC SHALL BE CONDUCTED BY PHONE, COURT TO INITIATE THE CALL. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN 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 COMPLY WITH DISCOVERY PURSUANT TO CIVIL RULES OF PROCEDURE. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT.
  40. SUMS COMPLAINT(52388600) SENT BY REGULAR MAIL SERVICE. TO: KEVIN J MCKENZIE II 1696 BEACONWOOD AVE SOUTH EUCLID, OH 44121 ANSWER DATE: 12/14/2023
  41. SUMMONS E-FILE COPY COST
  42. WRIT FEE
  43. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE: ORDINARY MAIL SERVICE
  44. CERTIFIED MAIL RECEIPT NO. 52092575 RETURNED 10/30/2023 FAILURE OF SERVICE ON DEFENDANT MCKENZIE II/KEVIN/J - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  45. SUMS COMPLAINT(52092575) SENT BY CERTIFIED MAIL. TO: KEVIN J MCKENZIE II 1696 BEACONWOOD AVE SOUTH EUCLID, OH 44121
  46. WRIT FEE
  47. SUMMONS E-FILE COPY COST
  48. JUDGE JOHN D SUTULA 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 JESSICA E. GOLDSTEIN

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