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Case Information
Filed
2024-03-07
Status
INACTIVE
Type
Miscellaneous Other
Docket
31 entries
Parties
Plaintiff
City Of Cleveland C/o Department Of Building And Housing
Defendant
Karleen Williams
Lawyers
Docket Entries
- JUDGE DANIEL GAUL ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID HEIDI A ARMSTRONG
- ENDING BEFORE THE COURT IS PLAINTIFF CITY OF CLEVELAND'S MOTION FOR SUMMARY JUDGMENT, FILED 07/22/2024 AND PREVIOUSLY HELD IN ABEYANCE. BY ORDER DATED 10/29/2024, DEFENDANT WAS GRANTED AN EXTENSION OF TIME, TO AND INCLUDING 11/01/2024, TO FILE A BRIEF IN OPPOSITION. AS OF 11/06/2024, NO OPPOSITION BRIEF HAS BEEN FILED. DESPITE THE LACK OF AN OPPOSITION BRIEF, THE COURT HAS CAREFULLY CONSIDERED PLAINTIFF'S MOTION AND EXHIBITS. "PURSUANT TO CIV. R. 56, SUMMARY JUDGMENT IS APPROPRIATE WHEN (1) THERE IS NO GENUINE ISSUE OF MATERIAL FACT; (2) THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW; AND (3) REASONABLE MINDS CAN COME TO BUT ONE CONCLUSION AND THAT CONCLUSION IS ADVERSE TO THE NON-MOVING PARTY, SAID PARTY BEING ENTITLED TO HAVE THE EVIDENCE CONSTRUED MOST STRONGLY IN [ITS] FAVOR." ZIVICH V. MENTOR SOCCER CLUB, INC., 82 OHIO ST.3D 367, 369-370, 1998-OHIO-389, 696 N.E.2D 201. ONCE THE MOVING PARTY SATISFIES ITS BURDEN, THE BURDEN SHIFTS TO THE NON-MOVING PARTY, WHICH "MAY NOT REST ON MERE ALLEGATIONS OR DENIALS OF THE PARTY'S PLEADINGS," BUT INSTEAD MUST, "BY AFFIDAVIT OR AS OTHERWISE PROVIDED IN THIS RULE ... SET FORTH SPECIFIC FACTS SHOWING THAT THERE IS A GENUINE ISSUE FOR TRIAL." OHIO R. CIV. P. 56(E); DRESHER V. BURT, 75 OHIO ST.3D 280, 293, 1996-OHIO-107, 662 N.E.2D 264. IN ORDER TO WITHSTAND A MOTION FOR SUMMARY JUDGMENT, A PARTY IS REQUIRED TO ESTABLISH, THROUGH COMPETENT, ADMISSIBLE EVIDENCE, THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT. OHIO R. CIV. P. 56(E). IN TURNER V. TURNER, 67 OHIO ST.3D 337, 1993-OHIO-176, 617 N.E.2D 1123, THE OHIO SUPREME COURT ADOPTED THE ANALYSIS OF MATERIALITY ANNOUNCED BY THE UNITED STATES SUPREME COURT: "AS TO MATERIALITY, THE SUBSTANTIVE LAW WILL IDENTIFY WHICH FACTS ARE MATERIAL. ONLY DISPUTES OVER FACTS THAT MIGHT AFFECT THE OUTCOME OF THE SUIT UNDER THE GOVERNING LAW WILL PROPERLY PRECLUDE THE ENTRY OF SUMMARY JUDGMENT." ID. AT 340 (QUOTING ANDERSON V. LIBERTY LOBBY, INC., 477 U.S. 242, 248, 106 S.CT. 2505, 91 L.ED.2D 202 (1986)). "MATERIAL FACTS ARE THOSE FACTS THAT MIGHT AFFECT THE OUTCOME OF THE SUIT UNDER THE GOVERNING LAW OF THE CASE." HOUSE V. KIRTLAND CAPITAL PARTNERS, 158 OHIO APP.3D 68, 2004-OHIO-3688, 814 N.E.2D 65, ¶ 17 (11TH DIST.). DETERMINATION OF WHAT A "MATERIAL FACT" IS IN A PARTICULAR CASE DEPENDS UPON THE SUBSTANTIVE LAW OF THE CLAIM BEING LITIGATED. CALLOS PROFESSIONAL EMP., LLC V. GRECO, 161 OHIO APP.3D 531, 2005-OHIO-2940, 831 N.E.2D 446, ¶ 20 (7TH DIST.) (CITING HOYT, INC. V. GORDON & ASSOCS., INC., 104 OHIO APP.3D 598, 603, 662 N.E.2D 1088 (8TH DIST. 1995)); BFI WASTE SYS. V. CITY OF GARFIELD HTS., 94 OHIO APP.3D 62, 69, 640 N.E.2D 227 (8TH DIST. 1994). THE COURT FINDS AND CONCLUDES THAT PLAINTIFF HAS SUPPORTED ITS MOTION WITH ADMISSIBLE EVIDENCE AND CONCISE, COMPELLING LEGAL ARGUMENTS. DEFENDANT, BY CONTRAST, HAS NOT COME FORWARD WITH COMPETENT, ADMISSIBLE EVIDENCE SUGGESTING THAT THERE IS A GENUINE ISSUE FOR TRIAL. PLAINTIFF'S UNOPPOSED MOTION FOR SUMMARY JUDGMENT IS WELL TAKEN AND IS HEREBY GRANTED. JUDGMENT IS GRANTED IN FAVOR OF PLAINTIFF, CITY OF CLEVELAND, AND AGAINST DEFENDANT, KARLEEN WILLIAMS, IN THE AMOUNT THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS AND 83 CENTS ($39,955.83), ITEMIZED AS FOLLOWS: ON COUNTS ONE, TWO, AND THREE IN THE AMOUNT OF THIRTY-EIGHT THOUSAND NINE HUNDRED THIRTY-ONE DOLLARS AND 83 CENTS ($38,931.83), AND ITEMIZED AS THE PRINCIPAL AMOUNT OF THIRTY-ONE THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS AND 47 CENTS ($31,145.47), PLUS COLLECTION COSTS/ATTORNEY FEES OF SEVEN THOUSAND SEVEN HUNDRED EIGHTY-SIX DOLLARS AND 36 CENTS ($7,786.36), PLUS INTEREST AT THE STATUTORY RATE FROM AUGUST 9, 2019, AND SUCH OTHER RELIEF AS THIS COURT MAY DEEM APPROPRIATE. ON COUNTS FOUR, FIVE AND SIX IN THE AMOUNT OF ONE THOUSAND TWENTY-FOUR DOLLARS ($1,024.00), AND ITEMIZED AS THE PRINCIPAL AMOUNT OF EIGHT HUNDRED DOLLARS AND 00 CENTS ($800.00), PLUS COLLECTION COSTS/ATTORNEY FEES OF TWO HUNDRED TWENTY-FOUR DOLLARS ($224.00), PLUS INTEREST AT THE STATUTORY RATE FROM JULY 10, 2019, AND SUCH OTHER RELIEF AS THIS COURT MAY DEEM APPROPRIATE. THIS ENTRY DISPOSES OF ALL CLAIMS IN THIS CASE, CONSTITUTES A FINAL JUDGMENT IN THIS ACTION, AND IS A FINAL, APPEALABLE ORDER. NO JUST CAUSE FOR DELAY. 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. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- OTICE FILED BY P1 CITY OF CLEVELAND ATTORNEY HEIDI A ARMSTRONG 0062350 NOTICE OF SETTLEMENT AND DISMISSAL WITHOUT PREJUDICE
- OTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE BRIEF TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT, FILED 10/04/2024, IS GRANTED. BRIEF IN OPPOSITION DUE 11/1/24. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT, FILED 07/22/2024, IS HELD IN ABEYANCE, AS THE COURT HAS BEEN NOTIFIED THAT THE PARTIES ARE INVESTIGATING SETTLEMENT OF THIS MATTER. ACCORDINGLY, AN EXTENSION TO FILE THE BRIEF IN OPPOSITION HAS BEEN GRANTED. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE BRIEF TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT 10/29/2024 - GRANTED
- OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE BRIEF TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT, FILED 08/05/2024, IS GRANTED. THIS ENTRY TAKEN BY JUDGE TIMOTHY J MCGINTY. NOTICE ISSUED
- OTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE BRIEF TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT 08/30/2024 - GRANTED
- OTION FOR SUMMARY JUDGMENT FILED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT 10/29/2024 - HELD IN ABEYANCE
- MC BY PHONE HELD ON 05/21/2024. THE FOLLOWING DATES WERE SET BY AGREEMENT OF COUNSEL: DISCOVERY CUT-OFF IS 07/01/2024. DISPOSITIVE MOTION TO BE FILED BY 08/01/2024. FINAL PRETRIAL SET FOR 11/07/2024 AT 01:30 PM. ALL PARTIES SHALL APPEAR. COUNSEL SHALL HAVE FULL SETTLEMENT AUTHORITY. JURY TRIAL SET FOR 12/09/2024 AT 10:00 AM. ALL PARTIES SHALL APPEAR. ALL PARTIES ARE TO SUBMIT TO THE COURT TRIAL BRIEFS, WITNESS LISTS, EXHIBIT LISTS, JURY INSTRUCTIONS, MOTIONS IN LIMINE, AND STIPULATIONS SEVEN DAYS PRIOR TO TRIAL. FINAL PRETRIAL AND TRIAL DATES WILL NOT BE CONTINUED ABSENT EXTRAORDINARY CAUSE. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
- MC BY PHONE SET FOR 05/21/2024 AT 10:30 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE CONFERENCE NUMBER (978) 990-5135 AND ENTER ACCESS CODE 4088405# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
- OTION FOR EXTENSION OF TIME 08/28/2024 - MOOT
- NSWER FILED BY D1 KARLEEN WILLIAMS ATTORNEY PATRICK S LAVELLE 0062070 ANSWER OF KARLEEN WILLIAMS
- SPS RECEIPT NO. 53267202 DELIVERED BY USPS 03/16/2024 WILLIAMS/KARLEEN/ PROCESSED BY COC 03/20/2024.
- UMS COMPLAINT(53267202) SENT BY CERTIFIED MAIL. TO: KARLEEN WILLIAMS 1849 SUNSET RIDGE DR MASCOTTE, FL 34753
- RIT FEE
- UMMONS E-FILE COPY COST
- UDGE DANIEL GAUL ASSIGNED (RANDOM)
- EGAL RESEARCH
- EGAL NEWS
- EGAL AID
- OURT SPECIAL PROJECTS FUND
- OMPUTER FEE
- LERK'S FEE
- EPOSIT AMOUNT PAID HEIDI A ARMSTRONG
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Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
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