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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2023-11-16
Status INACTIVE
Type Workmans Comp. Adm. Appeal
Docket 50 entries

Parties

Plaintiff Luz Cespedes
Defendant Koinonia Homes, Inc.|Ohio Bureau Of Workers' Compensation John Logue, Administrator
Photo of Hon. DEENA R CALABRESE

Judge

Hon. DEENA R CALABRESE

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: NOTICE OF APPEAL WORK. COMP ADMIN APPEAL
  2. JUDGMENT ENTRY(55112442) SENT BY EMAIL. TO: JIM RAINONE [email protected]
  3. JUDGMENT ENTRY(55112441) SENT BY EMAIL. TO: JIM RAINONE [email protected]
  4. JUDGMENT ENTRY(55112439) SENT BY EMAIL. TO: MELANIE V MIGUEL-COURTAD [email protected]
  5. JUDGMENT ENTRY(55112438) SENT BY EMAIL. TO: AMY BERMAN HAMILTON [email protected]
  6. JUDGMENT ENTRY(55112437) SENT BY EMAIL. TO: MICHAEL J BERTSCH [email protected]
  7. PLAINTIFF HAVING FILED A NOTICE OF DISMISSAL, CASE DISMISSED WITHOUT PREJUDICE. PURSUANT TO DISMISSAL NOTICE, THE PARTIES STIPULATE THAT THIS IS A DISMISSAL OF THE COMPLAINT ONLY, AND THAT DEFENDANT KOINONIA HOMES, INC.'S NOTICE OF APPEAL IS NOT DISMISSED BY THIS NOTICE. COURT COSTS TO SEPARATE DEFENDANT KOINONIA HOMES, INC. COURT COST ASSESSED AS DIRECTED. 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
  8. TRIAL BY JURY SCHEDULED FOR 11/12/2024 AT 09:30 AM IS CANCELLED.
  9. NOTICE FILED BY P1 LUZ CESPEDES ATTORNEY MELANIE V MIGUEL-COURTAD 0064634 PLAINTIFF'S NOTICE OF DISMISSAL OF COMPLIANT WITHOUT PREJUDICE
  10. TRIAL OF THIS ACTION REMAINS SET FOR TUESDAY, 11/12/2024. TRIAL BRIEFS, WITNESS LISTS, AND EXHIBIT LISTS SHALL BE FILED NO LATER THAN MONDAY, 11/04/2024. ANY TRIAL MOTIONS ARE TO BE FILED ON OR BY MONDAY, 11/04/2024. RESPONSES DUE ON OR BY WEDNESDAY, 11/06/2024. NO REPLIES WILL BE PERMITTED. A STIPULATED STATEMENT OF THE CASE FOR THE COURT TO READ TO THE JURY SHALL BE FILED NO LATER THAN WEDNESDAY, 11/06/2024. A COPY SHALL ALSO BE EMAILED TO THE COURT'S STAFF ATTORNEY (IN MS-WORD FORMAT) AT [email protected]. THE PARTIES ARE TO PROVIDE THE COURT WITH A COMPLETE WORKING SET OF AGREED JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS NO LATER THAN TUESDAY, 10/29/2024. OBJECTIONS AND/OR ALTERNATIVE INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS MUST BE SUBMITTED -- WITH EXPLANATORY BRIEFS -- BY THE CLOSE OF BUSINESS THURSDAY, 10/31/2024. THE COURT INTENDS TO HAVE ALL ISSUES INVOLVING JURY INSTRUCTIONS AND OTHER JURY MATERIALS DEFINITIVELY RESOLVED, WITH A COMPLETE SET OF INSTRUCTIONS IN PLACE, PRIOR TO VOIR DIRE. TO COMPLY WITH THE DIRECTIVE ABOVE, COUNSEL MUST CONFER AND COLLABORATE ON THE PREPARATION OF AGREED INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS TO THE FULLEST EXTENT POSSIBLE. THE COURT HOLDS PLAINTIFF RESPONSIBLE FOR COORDINATING THE PREPARATION AND FILING OF AGREED JURY INSTRUCTIONS AND RELATED FORMS. THE FAILURE TO FILE A SET OF AGREED INSTRUCTIONS BY THE CLOSE OF BUSINESS TUESDAY, 10/29/2024 WILL RESULT IN THE DISMISSAL OF PLAINTIFF'S CLAIMS WITHOUT FURTHER NOTICE. WITH THE EXCEPTION OF ALTERNATIVE JURY INSTRUCTIONS AND MATERIALS FILED AFTER THE SUBMISSION OF AGREED ITEMS, THE UNILATERAL SUBMISSION OF JURY MATERIALS WILL NOT BE TOLERATED. ANY SUCH SUBMISSIONS WILL BE STRICKEN, WITH POSSIBLE SANCTIONS IMPOSED ON OFFENDING PARTIES. IF THE PARTIES' FILINGS REFLECT SUBSTANTIAL DISAGREEMENT ON JURY MATERIALS, THE COURT WILL BEGIN HOLDING IN-PERSON CONFERENCES TO RESOLVE DISPUTED ITEMS. ALL COUNSEL WILL BE REQUIRED TO ATTEND. JURY INSTRUCTIONS AND RELATED MATERIALS MUST ALSO BE EMAILED TO THE COURT'S STAFF ATTORNEY (IN MS-WORD FORMAT) AT [email protected]. NOTICE ISSUED
  11. COUNSEL FOR PLAINTIFF INFORMALLY CONTACTED THE COURT 09/19/2024 TO INDICATE THAT ALL PARTIES ARE REQUESTING TO CANCEL THE MEDIATION SCHEDULED FOR 10/01/2024. THE REQUEST IS WELL TAKEN AND IS HEREBY GRANTED. THE MEDIATION REFERRAL IS VACATED, AND THE ADR DEPARTMENT IS DIRECTED TO CANCEL THE 10/01/2024 MEDIATION. TRIAL BY JURY REMAINS SET FOR 11/12/2024. NOTICE ISSUED
  12. MEDIATION SCHEDULED FOR 10/01/2024 AT 02:00 PM IS CANCELLED.
  13. MEDIATION SET FOR 10/01/2024 AT 02:00 PM. (Notice Sent).
  14. PRETRIAL HELD ON 08/02/2024. COUNSEL FOR ALL PARTIES PARTICIPATED BY VIDEO CONFERENCE AND PROVIDED THE COURT WITH AN UPDATE ON THE STATUS OF THE CASE. FOR GOOD CAUSE SHOWN, THE MEDIATION CURRENTLY SCHEDULED FOR 08/08/2024 IS HEREBY CONTINUED. A NEW MEDIATION REFERRAL APPEARS BELOW. CASE REFERRED TO WORKERS' COMPENSATION MEDIATOR ON 08/02/2024. MEDIATION TO BE COMPLETED BY FRIDAY, 10/18/2024. COUNSEL ARE TO CONTACT THE ADR DEPARTMENT WITHOUT DELAY TO SECURE A FIRM DATE FOR MEDIATION. IF THE ADR DEPARTMENT IS UNABLE TO ACCOMMODATE THE REVISED MEDIATION REFERRAL, COUNSEL SHOULD CONTACT THE COURT'S STAFF ATTORNEY AT [email protected] TO ARRANGE A SETTLEMENT CONFERENCE WITH THE COURT. TRIAL BY JURY REMAINS SET FOR 11/12/2024. NOTICE ISSUED
  15. MEDIATION SCHEDULED FOR 08/08/2024 AT 02:00 PM IS CANCELLED.
  16. NOTICE FILED BY D1 KOINONIA HOMES, INC. ATTORNEY AMY BERMAN HAMILTON 0040268 SEPARATE DEFENDANT KOINONIA HOMES, INC.'S NOTICE OF SERVICE OF EXPERT REPORT
  17. PRETRIAL SET FOR 08/02/2024 AT 10:00 AM. THE PRETRIAL CONFERENCE WILL BE CONDUCTED BY VIDEO. PLEASE LOG IN TO THE CONFERENCE AT THE SPECIFIED TIME BY VISITING HTTPS://ZOOM.US/JOIN AND ENTERING THE FOLLOWING MEETING CREDENTIALS: MEETING ID: 849 1889 8611 PASSCODE: 756974 THE URL BELOW SHOULD PROVIDE ONE-CLICK ACCESS TO THE CONFERENCE, BUT PLEASE RELY ON THE MEETING ID AND PASSCODE ABOVE IF THE URL PROMPTS YOU FOR AN ID OR PASSCODE, OR RETURNS AN ERROR: HTTPS://US02WEB.ZOOM.US/J/84918898611?PWD=EALLAIBCDH52QDTVJLTACAXDYXNC6N.1 TO DISCOURAGE ABUSE, ALL COUNSEL AND OTHER INDIVIDUALS PARTICIPATING MUST HAVE AN ACCOUNT WITH THE ZOOM VIDEO CONFERENCING SERVICE (HTTPS://ZOOM.US/). A PAID ZOOM ACCOUNT IS NOT REQUIRED; THE FREE TIER IS SUFFICIENT. PRIOR TO THE EVENT, PLEASE DOWNLOAD ZOOM TO A COMPUTER OR MOBILE DEVICE WITH A CAMERA, MICROPHONE, AND SPEAKERS. NEXT, ENSURE INTERNET BROWSER POP-UP BLOCKERS ARE DISABLED FOR ZOOM. FINALLY, CHECK THE CAMERA, MICROPHONE, AND SPEAKERS ON YOUR DEVICE TO MAKE SURE THEY ARE WORKING. ANY PARTY WHO FAILS TO PARTICIPATE IN THE PRETRIAL CONFERENCE WILL BE DEEMED TO HAVE ACCEPTED ANY SCHEDULING ORDER ESTABLISHED BY THE COURT. NOTICE ISSUED
  18. MEDIATION SET FOR 08/08/2024 AT 02:00 PM. (Notice Sent).
  19. CASE MGMNT CONFERENCE HELD ON 02/02/2024. COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT EMPLOYER PARTICIPATED BY VIDEO CONFERENCE AND PROVIDED THE COURT WITH AN UPDATE ON THE STATUS OF THE CASE. ALL DISCOVERY TO BE COMPLETED BY 06/03/2024. PLAINTIFF'S EXPERT REPORT DUE 06/03/2024. DEFENDANT'S EXPERT REPORT DUE 07/12/2024. CASE REFERRED TO WORKERS' COMPENSATION MEDIATOR ON 02/02/2024. MEDIATION TO BE CONDUCTED AFTER 07/12/2024 AND TO BE COMPLETED BY 08/31/2024. COUNSEL ARE TO CONTACT THE ADR DEPARTMENT TO SECURE A FIRM DATE FOR MEDIATION. JURY TRIAL SET FOR 11/12/2024 AT 09:30 AM. ANY MOTION TO CONTINUE THE TRIAL DATE SHALL BE MADE IN WRITING AND CAPTIONED "MOTION TO CONTINUE THE TRIAL DATE." IF ALL PARTIES OR CERTAIN PARTIES AGREE TO THE MOTION TO CONTINUE THE TRIAL DATE, SUCH AGREEMENT SHALL BE REFLECTED IN THE CAPTION. THE COURT WILL NOT RULE ON AMBIGUOUSLY TITLED MOTIONS WHICH ARE, IN EFFECT, MOTIONS FOR A CONTINUANCE (E.G., A MOTION TO RESET CASE MANAGEMENT SCHEDULE). ANY MOTION FILED WHICH DOES NOT FULFILL THE CRITERIA ABOVE WILL BE SUMMARILY DENIED OR STRICKEN. THE PARTIES ARE FURTHER DIRECTED TO FAMILIARIZE THEMSELVES WITH THE COURT'S STANDING ORDER ON LITIGATION PREFERENCES, AVAILABLE AS OF THIS WRITING AT HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-DEENA-R-CALABRESE. THE PARTIES ARE EXPECTED TO REVIEW THE STANDING ORDER REGULARLY FOR UPDATES. THE STANDING ORDER APPLIES UNLESS SPECIFICALLY SUPERSEDED BY JOURNAL ENTRY. NOTICE ISSUED
  20. GENERAL PLEADING FILED BY D1 KOINONIA HOMES, INC. ATTORNEY AMY BERMAN HAMILTON 0040268 JOINT DISCOVERY PLAN PURSUANT TO OHIO. CIV. RULE 26(F)
  21. NOTICE FILED BY P1 LUZ CESPEDES ATTORNEY MELANIE V MIGUEL-COURTAD 0064634 PLAINTIFF'S INITIAL DISCLOSURES
  22. ANSWER FILED BY D2 OHIO BUREAU OF WORKERS' COMPENSATION ATTORNEY JIM RAINONE 0095817 DEFENDANT ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION
  23. USPS RECEIPT NO. 52543029 DELIVERED BY USPS 12/14/2023 OHIO BUREAU OF WORKERS' COMPENSATION PROCESSED BY COC 12/27/2023.
  24. USPS RECEIPT NO. 52543028 DELIVERED BY USPS 12/13/2023 KOINONIA HOMES, INC. PROCESSED BY COC 12/27/2023.
  25. CASE MGMNT CONFERENCE SET FOR 02/02/2024 AT 02:00 PM. PLEASE NOTE THAT THIS ORDER SPECIFICALLY REFERENCES CIVIL RULE 26 AS AMENDED EFFECTIVE JULY 2020, IN PARTICULAR THE REQUIREMENT THAT THE PARTIES FILE A WRITTEN DISCOVERY PLAN. THE CMC WILL BE CONDUCTED AS A VIDEO CONFERENCE. DO NOT APPEAR IN PERSON. PLEASE LOG IN TO THE CONFERENCE AT THE SPECIFIED TIME BY VISITING HTTPS://ZOOM.US/JOIN AND ENTERING THE FOLLOWING MEETING CREDENTIALS: MEETING ID: 822 5649 9915 PASSCODE: 399138 THE URL BELOW SHOULD PROVIDE ONE-CLICK ACCESS TO THE CONFERENCE, BUT PLEASE RELY ON THE MEETING ID AND PASSCODE ABOVE IF THE URL PROMPTS YOU FOR AN ID OR PASSCODE, OR RETURNS AN ERROR: HTTPS://US02WEB.ZOOM.US/J/82256499915?PWD=RKJ3BK9LUFJXV2VATFDNWHLISVPJZZ09 TO DISCOURAGE ABUSE, ALL COUNSEL AND OTHER INDIVIDUALS PARTICIPATING MUST HAVE AN ACCOUNT WITH THE ZOOM VIDEO CONFERENCING SERVICE (HTTPS://ZOOM.US/). A PAID ZOOM ACCOUNT IS NOT REQUIRED; THE FREE TIER IS SUFFICIENT. PRIOR TO THE EVENT, PLEASE DOWNLOAD ZOOM TO A COMPUTER OR MOBILE DEVICE WITH A CAMERA, MICROPHONE, AND SPEAKERS. NEXT, ENSURE INTERNET BROWSER POP-UP BLOCKERS ARE DISABLED FOR ZOOM. FINALLY, CHECK THE CAMERA, MICROPHONE, AND SPEAKERS ON YOUR DEVICE TO MAKE SURE THEY ARE WORKING. IN ADVANCE OF THE CONFERENCE, COUNSEL AND UNREPRESENTED PARTIES SHALL CONFER IN ACCORDANCE WITH OHIO R. CIV. P. 26(F)(1)-(2), AND SHALL THEREAFTER FILE A DISCOVERY PLAN IN ACCORDANCE WITH OHIO R. CIV. P. 26(F)(3). THE WRITTEN RULE 26(F) DISCOVERY PLAN SHALL BE FILED NO LATER THAN THREE BUSINESS DAYS PRIOR TO THE CASE MANAGEMENT CONFERENCE. DURING THE CASE MANAGEMENT CONFERENCE, SERVICE ISSUES, DISCOVERY PROGRESS AND SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL PARTICIPATING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER. THE PARTIES SHOULD NOT WAIT FOR THE CMC BEFORE BEGINNING TO CONDUCT DISCOVERY. EXCEPT IN COMPLEX CASES, TRIAL WILL BE SCHEDULED 7 TO 9 MONTHS OUT, WITH FINAL PRETRIALS AND/OR SETTLEMENT CONFERENCES SCHEDULED FROM 2 TO 6 WEEKS PRIOR TO TRIAL. ANY PARTY WHO FAILS TO PARTICIPATE IN THE CMC WILL BE DEEMED TO HAVE ACCEPTED THE SCHEDULING ORDER ESTABLISHED BY THE COURT. NOTICE ISSUED
  26. ANSWER FILED BY D1 KOINONIA HOMES, INC. ATTORNEY AMY BERMAN HAMILTON 0040268 SEPARATE DEFENDANT KOINONIA HOMES, INC.'S ANSWER
  27. USPS RECEIPT NO. 52445357 DELIVERED BY USPS 12/06/2023 OHIO BUREAU OF WORKERS' COMPENSATION PROCESSED BY COC 12/13/2023.
  28. USPS RECEIPT NO. 52445356 DELIVERED BY USPS 12/04/2023 KOINONIA HOMES, INC. PROCESSED BY COC 12/13/2023.
  29. SUMS COMPLAINT(52543029) SENT BY CERTIFIED MAIL. TO: OHIO BUREAU OF WORKERS' COMPENSATION 30 WEST SPRING STREET COLUMBUS, OH 43266-0000
  30. SUMS COMPLAINT(52543028) SENT BY CERTIFIED MAIL. TO: KOINONIA HOMES, INC. 6161 OAK TREE BOULEVARD SUITE 400 INDEPENDENCE, OH 44131
  31. SUMMONS E-FILE COPY COST
  32. WRIT FEE
  33. SUMMONS E-FILE COPY COST
  34. WRIT FEE
  35. SUMS COMPLAINT(52445357) SENT BY CERTIFIED MAIL. TO: OHIO BUREAU OF WORKERS' COMPENSATION 30 WEST SPRING STREET COLUMBUS, OH 43215
  36. SUMS COMPLAINT(52445356) SENT BY CERTIFIED MAIL. TO: KOINONIA HOMES, INC. 6161 OAK TREE BOULEVARD SUITE 400 INDEPENDENCE, OH 44131
  37. PETITION AND COMPLAINT ON APPEAL FILED COMPLAINT
  38. SUMMONS E-FILE COPY COST
  39. WRIT FEE
  40. WRIT FEE
  41. SUMMONS E-FILE COPY COST
  42. NOTICE OF APPEARANCE, FILED P1 LUZ CESPEDES MELANIE V MIGUEL-COURTAD 0064634. NOTICE OF APPEARANCE
  43. JUDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  44. LEGAL RESEARCH
  45. LEGAL NEWS
  46. LEGAL AID
  47. COURT SPECIAL PROJECTS FUND
  48. COMPUTER FEE
  49. CLERK'S FEE
  50. DEPOSIT AMOUNT PAID AMY BERMAN HAMILTON

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