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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-02-01
Status ACTIVE
Type Quiet Title
Docket 84 entries

Parties

Plaintiff The Great Americans Of Ohio|Islamic Center Of Northeast Ohio Mahmoud I. Amawi
Defendant Ongoing & Continuous Charity C/o Burkeslaw, Llc|Islamic Mosque Inc.|Najah Gheith|Fawzi Gheith
Photo of Hon. JOAN SYNENBERG

Judge

Hon. JOAN SYNENBERG

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. SUMMONS E-FILE COPY COST
  2. SUMMONS E-FILE COPY COST
  3. SUMMONS E-FILE COPY COST
  4. WRIT FEE
  5. WRIT FEE
  6. WRIT FEE
  7. WRIT FEE
  8. SUMMONS E-FILE COPY COST
  9. MAGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  10. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. NOTICE ISSUED
  11. JUDGE JOAN SYNENBERG ASSIGNED (RANDOM)
  12. LEGAL RESEARCH
  13. LEGAL NEWS
  14. LEGAL AID
  15. COURT SPECIAL PROJECTS FUND
  16. COMPUTER FEE
  17. CLERK'S FEE
  18. DEPOSIT AMOUNT PAID MARK S SHEARER
  19. OTICE FILED BY P1 THE GREAT AMERICANS OF OHIO ATTORNEY MARK S SHEARER 0066739 NOTICE OF JURY DEMAND WITHDRAWAL AND BENCH TRIAL STIPULATION
  20. PARTY WHO MAKES A TIMELY DEMAND FOR A JURY TRIAL IN A DECLARATORY JUDGMENT ACTION IN WHICH A QUESTION OF FACT IS TO BE DECIDED IS ENTITLED TO A TRIAL BY JURY ON THAT QUESTION OF FACT. DENIAL OF A JURY TRIAL IN SUCH A CASE IS REVERSIBLE ERROR. SEE HARLEYSVILLE MUT. INS. CO. V. SANTORA, 3 OHIO APP.3D 257, 257, 444 N.E.2D 1076 (8TH DIST.1982). PLAINTIFF WAS ENTITLED TO MAKE A DEMAND FOR JURY AND DID SO BUT NOW SEEKS TO WITHDRAW THAT DEMAND. OHIO R. CIV. P. 39(A) PROVIDES THAT UPON DEMAND, THE TRIAL SHALL BE BY JURY, UNLESS (1) THE PARTIES OR THEIR ATTORNEYS OF RECORD, BY WRITTEN STIPULATION FILED WITH THE COURT OR BY AN ORAL STIPULATION MADE IN OPEN COURT AND ENTERED ON THE RECORD, CONSENT TO TRIAL BY THE COURT SITTING WITHOUT A JURY. PLAINTIFF FILED A WITHDRAWAL OF JURY DEMAND ON 2/26/25, BUT WAS NOT STIPULATED BY ANY OTHER PARTY. PARTIES MUST SUBMIT A WRITTEN STIPULATION ON OR BEFORE 3/11/25 WITHDRAWING THE JURY DEMAND. FAILURE TO DO SO WILL RESULT IN JURY TRIAL SET FOR 3/19/25 AT 9:00AM TO PROCEED. NOTICE ISSUED
  21. RIEF FILED BY D1 ONGOING & CONTINUOUS CHARITY JOHN F. BURKE, III 0059974 TRIAL BRIEF, WITNESS LIST AND JURY INSTRUCTIONS
  22. RIEF FILED BY PLAINTIFF(S) THE GREAT AMERICANS OF OHIO(P1) and ISLAMIC CENTER OF NORTHEAST OHIO(P2) MARK S SHEARER 0066739 PLAINTIFFS' TRIAL BRIEF, WITNESS LIST, AND EXHIBIT LIST
  23. OTICE FILED BY PLAINTIFF(S) THE GREAT AMERICANS OF OHIO(P1) and ISLAMIC CENTER OF NORTHEAST OHIO(P2) ATTORNEY MARK S SHEARER 0066739 NOTICE OF JRY DEMAND WITHDRAWAL
  24. RIAL BY JURY SET FOR 03/19/2025 AT 09:00 AM. COURTROOM 15-D. 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 02/26/2025; 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. NOTICE ISSUED
  25. RETRIAL HELD. PLAINTIFF'S COUNSEL DID NOT APPEAR. DEFENDANT ONGOING & CONTINUOUS CHARITY'S COUNSEL APPEARED. CASE WILL BE SET FOR TRIAL BY SEPARATE ORDER. NOTICE ISSUED
  26. ELEPHONE PRETRIAL SET FOR 01/06/2025 AT 09:00 AM. COUNSEL MUST APPEAR BY PHONE AND BE PREPARED TO DISCUSS TRIAL DATES. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  27. LAINTIFF'S MOTION FOR SUMMARY JUDGEMENT IS DENIED. AN ISSUE OF FACT EXISTS AS TO PLAINTIFF'S CLAIMS FOR DECLARATORY JUDGMENT AND QUIET TITLE. THE CASE WILL BE SET FOR PRETRIAL BY SEPARATE ORDER. NOTICE ISSUED
  28. OTICE FILED BY P1 THE GREAT AMERICANS OF OHIO ATTORNEY MARK S SHEARER 0066739 SECOND REVISED FINAL JUDICIAL REPORT
  29. EFAULT HEARING HELD BY MAGISTRATE ON 12/3/24. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT ONGOING & CONTINUOUS CHARITY'S COUNSEL APPEARED. NO OTHER PARTIES APPEARED. PLAINTIFF MUST FIX GAP IN TITLE WORK ON OR BEFORE 12/23/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. (PLAINTIFF'S PJR LISTS AN EFFECTIVE DATE OF 1/8/24, AND PLAINTIFF'S FJR HAS AN EXAMINATION FROM DATE OF 11/1/24). PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS AS TO THE RIGHTS AND LIABILITIES OF THE PARTIES AFTER ALL CLAIMS ARE FULLY LITIGATED. NOTICE ISSUED
  30. EPLY BRIEF FILED BY P1 THE GREAT AMERICANS OF OHIO MARK S SHEARER 0066739 REPLY BRIEF TO OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
  31. RIEF IN OPPOSITION FILED BY D1 ONGOING & CONTINUOUS CHARITY JOHN F. BURKE, III 0059974 BRIEF IN OPPOSITION TO SUMMARY JUDGMENT
  32. OTICE FILED BY P1 THE GREAT AMERICANS OF OHIO ATTORNEY MARK S SHEARER 0066739 FINAL JUDICIAL REPORT
  33. EFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 11/27/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 12/4/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
  34. OTICE FILED BY P1 THE GREAT AMERICANS OF OHIO ATTORNEY MARK S SHEARER 0066739 NOTICE OF CONTINGENT CONSENT TO EXTENSION
  35. OTICE FILED BY P1 THE GREAT AMERICANS OF OHIO ATTORNEY MARK S SHEARER 0066739 NOTICE OF SERVING DEFAULT HEARING NOTICE
  36. OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE BRIEF IN OPPOSITOIN TO MOTION FOR SUMMARY JUDGMENT 11/06/2024 - GRANTED IN PART
  37. LAINTIFF MUST CORRECT GAP IN TITLE WORK ON OR BEFORE 11/25/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. PLAINTIFF'S PJR HAS AN EFFECTIVE DATE OF 1/8/24 AND PLAINTIFF'S FJR AS AN EXAMINATION LOOK BACK DATE OF 10/14/24. ALSO, PLAINTIFF'S FJR DOES NOT HAVE AN EFFECTIVE DATE (BLANK). NOTICE ISSUED
  38. ENERAL PLEADING FILED BY P1 THE GREAT AMERICANS OF OHIO ATTORNEY MARK S SHEARER 0066739 FINAL JUDICIAL REPORT
  39. LAINTIFF MUST FILE FJR AND PROPOSED MAGISTRATE'S DECISION IN ACCORDANCE WITH LOCAL RULE 24 ON OR BEFORE 11/25/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  40. ELEPHONE DEFAULT HEARING SET FOR 12/03/2024 AT 02:30 PM. ANY PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE TO APPEAR AT DEFAULT HEARING MAY RESULT IN DISMISSAL OF THE CASE. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  41. LAINTIFF'S MOTION FOR LEAVE TO FILE MOTION FOR DEFAULT JUDGMENT AND MOTION FOR SUMMARY JUDGMENT INSTANTER IS UNOPPOSED AND GRANTED. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND MOTION FOR SUMMARY JUDGMENT ARE DEEMED FILED AS OF THE DATE OF THIS ORDER. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 11/4/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 11/18/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
  42. OTION FILED FOR P1 THE GREAT AMERICANS OF OHIO MARK S SHEARER 0066739 RESONSE TO COURT'S SEPTEMBER 18, 2024 JOURNAL ENTRY NOTICE AND MOTIO FOR LEAVE TO FILE MOTION FOR DEFAULT AND SUMMARYJUDGMENT INSTANTER 10/04/2024 - GRANTED
  43. LAINTIFF MUST SHOW CAUSE AS TO WHY IT DID NOT COMPLY WITH THE COURT'S ORDER OF 7/26/24 ON OR BEFORE 9/25/24. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  44. EGAL NEWS ABSTRACT
  45. ROOF OF PUBLICATION FILED $948.80 - LEGAL NEWS FEE $150.00
  46. RE-PAID PORTION OF SERVICE PUBLICATION FEE $798.80
  47. MC HELD. PLAINTIFF'S COUNSEL APPEARED. DEFENDANT ONGOING & CONTINUOUS CHARITY'S COUNSEL APPEARED. DISPOSITIVE MOTIONS, IF ANY, MUST BE FILED ON OR BEFORE 9/16/24. BRIEFS IN OPPOSITION, IF ANY, MUST BE FILED ON OR BEFORE 10/16/24. REPLIES, IF ANY, MUST BE FILED ON OR BEFORE 10/30/24. THEREAFTER, THE COURT WILL RULE ON THE DISPOSITIVE MOTIONS. NOTICE ISSUED
  48. EPOSIT AMOUNT PAID MARK S SHEARER
  49. FFIDAVIT SERVICE BY PUBLICATION, CIVIL $150 AFFIDAVIT FOR PUBLICATION
  50. ASE MGMNT CONFERENCE SET FOR 07/26/2024 AT 09:00 AM. ANY PARTY MAY APPEAR AT THE TELEPHONE HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  51. NSWER FILED BY D1 ONGOING & CONTINUOUS CHARITY ATTORNEY JOHN F. BURKE, III 0059974 ANSWER OF DEFENDANT ONGOING & CONTINUOUS CHARITY
  52. TIPULATION FOR LEAVE TO PLEAD FILED
  53. URSUANT TO CIV. R. 4(E) AND THE COURT'S STANDING CASE MANAGEMENT DIRECTIVE, PLAINTIFF MUST PERFECT SERVICE ON ITS COMPLAINT ON OR BEFORE 8/1/24 OR SHOW CAUSE WHY IT HAS FAILED TO DO SO. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  54. SPS RECEIPT NO. 53496673 DELIVERED BY USPS 04/09/2024 ONGOING & CONTINUOUS CHARITY PROCESSED BY COC 04/17/2024.
  55. UMS COMPLAINT(53496673) SENT BY CERTIFIED MAIL. TO: ONGOING & CONTINUOUS CHARITY C/O BURKES LAW LLC 55 PUBLIC SQUARE SUITE 2100 CLEVELAND, OH 44113-0000
  56. UMMONS E-FILE COPY COST
  57. RIT FEE
  58. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  59. SPS RECEIPT NO. 52963964 DELIVERED BY USPS 02/08/2024 ISLAMIC MOSQUE INC. PROCESSED BY COC 02/14/2024.
  60. ERTIFIED MAIL RECEIPT NO. 52963966 RETURNED 2/9/2024 FAILURE OF SERVICE ON DEFENDANT GHEITH/FAWZI/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  61. ERTIFIED MAIL RECEIPT NO. 52963963 RETURNED 2/7/2024 FAILURE OF SERVICE ON DEFENDANT ONGOING & CONTINUOUS CHARITY - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  62. ERTIFIED MAIL RECEIPT NO. 52963965 RETURNED 2/6/2024 FAILURE OF SERVICE ON DEFENDANT GHEITH/NAJAH/ - ATTEMPTED NOT KNOWN NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  63. UMS COMPLAINT(52963966) SENT BY CERTIFIED MAIL. TO: FAWZI GHEITH 6912 HAGUE AVENUE CLEVELAND, OH 44102
  64. UMS COMPLAINT(52963965) SENT BY CERTIFIED MAIL. TO: NAJAH GHEITH 6912 HAGUE AVENUE CLEVELAND, OH 44102
  65. UMS COMPLAINT(52963964) SENT BY CERTIFIED MAIL. TO: ISLAMIC MOSQUE INC. 4600 ROCKY RIVER DRIVE CLEVELAND, OH 44111
  66. UMS COMPLAINT(52963963) SENT BY CERTIFIED MAIL. TO: ONGOING & CONTINUOUS CHARITY ROCKEFELLER BUILDING, SUITE 1500 614 SUPERIOR AVENUE CLEVELAND, OH 44113
  67. UMMONS E-FILE COPY COST
  68. UMMONS E-FILE COPY COST
  69. UMMONS E-FILE COPY COST
  70. RIT FEE
  71. RIT FEE
  72. RIT FEE
  73. RIT FEE
  74. UMMONS E-FILE COPY COST
  75. AGISTRATE GINA LUNSFORD ASSIGNED (MANUALLY)
  76. T IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. NOTICE ISSUED
  77. UDGE JOAN SYNENBERG ASSIGNED (RANDOM)
  78. EGAL RESEARCH
  79. EGAL NEWS
  80. EGAL AID
  81. OURT SPECIAL PROJECTS FUND
  82. OMPUTER FEE
  83. LERK'S FEE
  84. EPOSIT AMOUNT PAID MARK S SHEARER

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