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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-07-29
Status INACTIVE
Type Workmans Comp. Adm. Appeal
Docket 41 entries

Parties

Plaintiff Theodore R. Jackson, Jr.
Defendant Geauga Highway Company|Ohio Bureau Of Workers Compensation John Logue, Administrator
Photo of Hon. William T McGinty

Judge

Hon. William T McGinty

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. ASE FILED: NOTICE OF APPEAL WORK. COMP ADMIN APPEAL, COMPLAINT
  2. UDGMENT ENTRY(57150798) SENT BY EMAIL. TO: PAUL DIVINCENZO [email protected]
  3. UDGMENT ENTRY(57150797) SENT BY EMAIL. TO: PAUL DIVINCENZO [email protected]
  4. UDGMENT ENTRY(57150796) SENT BY EMAIL. TO: AARON P BERG [email protected]
  5. UDGMENT ENTRY(57150795) SENT BY EMAIL. TO: AARON P BERG [email protected]
  6. UDGMENT ENTRY(57150794) SENT BY EMAIL. TO: AARON P BERG [email protected]
  7. UDGMENT ENTRY(57150793) SENT BY EMAIL. TO: JENNIFER L LAWTHER [email protected]
  8. UDGMENT ENTRY(57150792) SENT BY EMAIL. TO: TIMOTHY X MCGRAIL [email protected]
  9. UDGMENT ENTRY(57150791) SENT BY EMAIL. TO: TIMOTHY X MCGRAIL [email protected]
  10. UDGMENT ENTRY(57150790) SENT BY EMAIL. TO: TIMOTHY A MARCOVY [email protected]
  11. UDGMENT ENTRY(57150789) SENT BY EMAIL. TO: TIMOTHY A MARCOVY [email protected]
  12. LAINTIFF HAVING FILED A NOTICE OF DISMISSAL, CASE DISMISSED WITHOUT PREJUDICE. PLAINTIFF RESERVES THE RIGHT TO RE-FILE WITHIN ONE YEAR OF THIS DISMISSAL. COURT COSTS ASSESSED TO THE PLAINTIFF(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
  13. INAL PRETRIAL SCHEDULED FOR 06/24/2025 AT 10:00 AM IS CANCELLED.
  14. EDIATION SCHEDULED FOR 03/19/2025 AT 01:00 PM IS CANCELLED.
  15. OTICE FILED BY P1 THEODORE R. JACKSON, JR. ATTORNEY AARON P BERG 0074045 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
  16. EDIATION SET FOR 03/19/2025 AT 01:00 PM. (Notice Sent).
  17. OTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL
  18. ASE MGMNT CONFERENCE HELD ON 11/08/2024. COUNSEL FOR ALL PARTIES PARTICIPATED. ALL DISCOVERY TO BE COMPLETED BY 02/28/2025. PLAINTIFF'S EXPERT REPORT DUE 02/28/2025. DEFENDANT'S EXPERT REPORT DUE 04/30/2025. DISPOSITIVE MOTION TO BE FILED BY 04/18/2025. RESPONSE/REPLY DUE PER OHIO R. CIV. P. 6(C). THE COURT WILL RULE ON ANY PENDING DISPOSITIVE MOTIONS NO LESS THAN THIRTY (30) DAYS PRIOR TO THE SCHEDULED TRIAL DATE. AT THE REQUEST OF ANY PARTY, THE COURT WILL SCHEDULE AND CONDUCT ORAL ARGUMENT ON PENDING MOTIONS FOR SUMMARY JUDGMENT. ANY SUCH REQUEST MUST BE MADE BY SEPARATE MOTION AND NOT, E.G., BY ROTE ADDITION TO A PLEADING CAPTION. CLIENTS MUST BE PRESENT AT ORAL ARGUMENT, WHICH SHALL TAKE PLACE ON THE RECORD IN OPEN COURT. IN THE EVENT THAT PERSONAL ATTENDANCE AT ORAL ARGUMENT WILL CREATE AN UNDUE HARDSHIP OR EXPENSE TO THE CLIENT, THE ATTORNEY REPRESENTING THE CLIENT MAY MOVE THE COURT TO ALLOW THE CLIENT TO APPEAR LIVE VIA VIDEO CONFERENCE. CLIENTS WILL NOT BE PERMITTED TO ATTEND BY TELEPHONE. CASE REFERRED TO WORKERS' COMPENSATION MEDIATOR ON 11/08/2024. CASE TO BE MEDIATED IN MARCH 2025. FINAL PRETRIAL SET FOR 06/24/2025 AT 10:00 AM. ALL PARTIES AND CHOSEN REPRESENTATIVES MUST BE PRESENT WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY. IF THE REAL PARTY IN INTEREST IS AN INSURANCE COMPANY, CORPORATION, COMMON CARRIER, OR OTHER ENTITY, THEN THE CHOSEN REPRESENTATIVE MUST BE THE PERSON WITH FULL, FINAL, AND IMMEDIATE AUTHORITY TO NEGOTIATE AND ENTER INTO A BINDING SETTLEMENT AGREEMENT AS TO ALL CLAIMS. A GOVERNMENTAL ENTITY SHALL SEND A REPRESENTATIVE AUTHORIZED TO ACT ON ITS BEHALF. PARTIES ARE EXPECTED TO NEGOTIATE IN GOOD FAITH. FAILURE TO DO SO MAY RESULT IN SANCTIONS. THE PARTIES ARE FURTHER DIRECTED TO SUBMIT PRETRIAL STATEMENTS AT LEAST SEVEN (7) DAYS IN ADVANCE OF THE FINAL PRETRIAL. THE PRETRIAL STATEMENTS SHALL SET FORTH THE FOLLOWING: (1) STATEMENT OF FACTS AND LEGAL ISSUES; (2) STATEMENT OF REAL FACTUAL AND LEGAL ISSUES IN DISPUTE; (3) STIPULATIONS; (4) LIST OF NON-EXPERT TRIAL WITNESSES WITH A BRIEF SUMMARY OF EXPECTED TESTIMONY; (5) LIST OF EXPERT TRIAL WITNESSES WITH REPORTS ATTACHED; (6) SPECIAL LEGAL PROBLEMS ANTICIPATED; (8) PRETRIAL MOTIONS CONTEMPLATED; (9) LATEST DEMAND/OFFER. ON SOME OCCASIONS THE COURT'S SCHEDULE MAY PREVENT THE JUDGE FROM CONDUCTING THE FINAL PRETRIAL CONFERENCE IN PERSON. IF THE ATTORNEYS BELIEVE IT IS ABSOLUTELY NECESSARY THAT THE JUDGE CONDUCT THE FINAL PRETRIAL IN PERSON, THE PARTIES ARE DIRECTED TO CONTACT THE JUDICIAL STAFF ATTORNEY AT LEAST SEVENTY-TWO (72) HOURS IN ADVANCE TO MAKE SUCH A REQUEST. IN ANY INSTANCE WHERE THE JUDGE HAS A CONFLICT, THE COURT WILL RESET THE FINAL PRETRIAL IN ORDER TO ALLOW THE JUDGE TO PRESIDE IN PERSON. JURY TRIAL SET FOR 07/23/2025 AT 09:00 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. NOTICE ISSUED
  19. HIS CAUSE CAME ON TO BE HEARD UPON DEFENDANT GEAUGA HIGHWAY CO.'S MOTION FOR LEAVE TO FILE ITS ANSWER, INSTANTER. THIS COURT FINDS THAT SAID MOTION IS WELL-TAKEN, AND IT IS HEREBY GRANTED, GOOD CAUSE AND EXCUSABLE NEGLECT APPEARING, AND THE MOTION ITSELF BEING UNOPPOSED. IT IS HEREBY ORDERED THAT DEFENDANT GEAUGA HIGHWAY CO. MAY FILE ITS ANSWER, INSTANTER. NOTICE ISSUED
  20. ASE MGMNT CONFERENCE SET FOR 11/08/2024 AT 11:00 AM. 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: 833 3728 0679 PASSCODE: 749676 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/83337280679?PWD=Q96VTMAVFWSQQFGTMU6BUWJVIXBBB3.1 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. 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
  21. ENERAL PLEADING FILED BY D1 GEAUGA HIGHWAY COMPANY ATTORNEY TIMOTHY A MARCOVY 0006518 INITIAL DISCLOSURES OF GEAUGA HIGHWAY CO.
  22. OTICE FILED BY D1 GEAUGA HIGHWAY COMPANY ATTORNEY TIMOTHY A MARCOVY 0006518 NOTICE OF SERVICE
  23. OTICE FILED BY D2 OHIO BUREAU OF WORKERS COMPENSATION ATTORNEY TIMOTHY X MCGRAIL 0018964 DEFENDANT ADMINISTRATOR'S NOTICE OF EXPERT REPORT
  24. NSWER FILED BY D2 OHIO BUREAU OF WORKERS COMPENSATION ATTORNEY TIMOTHY X MCGRAIL 0018964 ANSWER OF DEFENDANT, ADMINISTRATOR, BUREAU OF WORKERS' COMPENSATION
  25. NSWER FILED BY D1 GEAUGA HIGHWAY COMPANY ATTORNEY TIMOTHY A MARCOVY 0006518 ANSWER OF SEPARATE DEFENDANT GEAUGA HIGHWAY CO.
  26. OTION FOR LEAVE TO FILE ANSWER INSTANTER MOTION FOR LEAVE TO FILE ANSWER INSTANTER 10/07/2024 - UNOPPOSED AND GRANTED
  27. OTICE OF APPEARANCE, FILED D1 GEAUGA HIGHWAY COMPANY TIMOTHY A MARCOVY 0006518. NOTICE OF APPEARANCE OF COUNSEL
  28. SPS RECEIPT NO. 54437387 DELIVERED BY USPS 09/06/2024 OHIO BUREAU OF WORKERS COMPENSATION PROCESSED BY COC 09/11/2024.
  29. SPS RECEIPT NO. 54437386 DELIVERED BY USPS 08/05/2024 GEAUGA HIGHWAY COMPANY PROCESSED BY COC 08/14/2024.
  30. OMPLAINT W/ NO SUMS(54437387) SENT BY CERTIFIED MAIL. TO: OHIO BUREAU OF WORKERS COMPENSATION 30 WEST SPRING STREET COLUMBUS, OH 43215
  31. OMPLAINT W/ NO SUMS(54437386) SENT BY CERTIFIED MAIL. TO: GEAUGA HIGHWAY COMPANY 14126 MAIN MARKET ROAD HIRAM, OH 44234
  32. UMMONS E-FILE COPY COST
  33. UMMONS E-FILE COPY COST
  34. UDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  35. EGAL RESEARCH
  36. EGAL NEWS
  37. EGAL AID
  38. OURT SPECIAL PROJECTS FUND
  39. OMPUTER FEE
  40. LERK'S FEE
  41. EPOSIT AMOUNT PAID AARON P BERG

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