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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-09-06
Status INACTIVE
Type Contract Other
Docket 86 entries

Parties

Plaintiff Sheila Foster
Defendant Michelle Moore|Kevin Nowak|Barry Insulation
Photo of Hon. Michael P Shaughnessy

Judge

Hon. Michael P Shaughnessy

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. OMPLAINT FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).
  2. UDGMENT ENTRY(57594558) SENT BY EMAIL. TO: SHEILA FOSTER [email protected]
  3. UDGMENT ENTRY(57594557) SENT BY EMAIL. TO: MICHAEL A ARNOLD [email protected]
  4. UDGMENT ENTRY(57594556) SENT BY EMAIL. TO: NICHOLAS J. SICILIANO [email protected]
  5. UDGMENT ENTRY(57594555) SENT BY EMAIL. TO: JULIAN T EMERSON [email protected]
  6. UDGMENT ENTRY(57594554) SENT BY EMAIL. TO: THOMAS J HUNT [email protected]
  7. UDGMENT ENTRY(57594553) SENT BY EMAIL. TO: THOMAS J HUNT [email protected]
  8. ENDING BEFORE THE COURT IS DEFENDANTS MICHELLE MOORE AND KEVIN NOWAK'S MOTION FOR JUDGMENT ON THE PLEADINGS. THE COURT NOTES THAT DEFENDANT BARRY INSULATION FILED A MOTION FOR JOINDER, FILED 04/23/2025, WHICH IS HEREBY UNOPPOSED AND GRANTED. THE COURT HAS REVIEWED DEFENDANTS' MOTION AND FINDS THAT NO MATERIAL FACTUAL ISSUES EXIST AND DEFENDANTS ARE ENTITLED TO JUDGMENT AS A MATTER OF LAW. ACCORDINGLY, DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS, FILED 04/14/2025, IS UNOPPOSED AND GRANTED. IT IS SO ORDERED. 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
  9. MC BY PHONE SET FOR 07/23/2025 AT 10:15 AM. PLAINTIFF IS TO INITIATE THE CONFERENCE CALL TO DEFENDANT(S), THEN TO THE COURT'S STAFF ATTORNEY AT (216) 443-8674. NOTICE ISSUED
  10. OTION FOR TRIAL28 (RULE 38) PRO SE (9999999) 08/02/2025 - UNKNOWN
  11. NSWER(56915878) SENT BY REGULAR MAIL SERVICE. TO: BARRY INSULATION 1600 E 24TH CLEVELAND, OH 44114-0000
  12. NSWER(56915877) SENT BY REGULAR MAIL SERVICE. TO: KEVIN NOWAK 2999 PAYNE AVE CLEVELAND, OH 44115-0000
  13. NSWER(56915876) SENT BY REGULAR MAIL SERVICE. TO: MICHELLE MOORE 2999 PAYNE AVE CLEVELAND, OH 44115-0000
  14. UMMONS E-FILE COPY COST
  15. UMMONS E-FILE COPY COST
  16. UMMONS E-FILE COPY COST
  17. 1 SHEILA FOSTER ANSWER TO DEFENDANTS REQUEST TO DISMISS BARRY INSULATION. FILED PRO SE 9999999 (REQUEST FOR A JURY TRIAL)
  18. NSTRUCTION FOR SERVICE ON DEFENDANTS BY ORDINARY MAIL FILED. FILED.
  19. OTION FILED FOR D3 BARRY INSULATION THOMAS J HUNT 0067323 MOTION FOR JOINDER
  20. OTION(56747311) SENT BY REGULAR MAIL SERVICE. TO: BARRY INSULATION 1600 E 25TH CLEVELAND, OH 44114-0000
  21. OTION(56747310) SENT BY REGULAR MAIL SERVICE. TO: KEVIN NOWAK 2999 PAYNE AVENUE CLEVELAND, OH 44114-0000
  22. OTION(56747309) SENT BY REGULAR MAIL SERVICE. TO: MICHELLE MOORE 2999 PAYNE AVENUE CLEVELAND, OH 44114-0000
  23. UMMONS E-FILE COPY COST
  24. UMMONS E-FILE COPY COST
  25. UMMONS E-FILE COPY COST
  26. 1 SHEILA FOSTER MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (PERMISSION TO ADD CLEVELAND HOUSING NETWORK AS A DEFENDANT PLAINTIFF ANSWER TO DEFENDANTS REQUEST TO DISMISS) PRO SE 9999999 08/02/2025 - UNKNOWN
  27. NSTRUCTION FOR SERVICE ON ALL PARTIES BEING SERVED OF MOTION BY ORDINARY MAIL FILED.
  28. EFENDANT(S) MICHELLE MOORE(D1) and KEVIN NOWAK(D2)'S MOTION FOR JUDGMENT ON THE PLEADINGS. JULIAN T EMERSON 0088429 DEFENDANTS' MICHELLE MOORE AND KEVIN NOWAK MOTION FOR JUDGMENT ON THE PLEADINGS
  29. OTICE FILED BY DEFENDANT(S) MICHELLE MOORE(D1) and KEVIN NOWAK(D2) ATTORNEY MICHAEL A ARNOLD 0102528 NOTICE OF WITHDRAWAL AS CO-COUNSEL
  30. OTION(56610337) SENT BY REGULAR MAIL SERVICE. TO: BARRY INSULATION 1600 E 25TH CLEVELAND, OH 44114-0000
  31. OTION(56610336) SENT BY REGULAR MAIL SERVICE. TO: KEVIN NOWAK 2999 PAYNE AVE #131 CLEVELAND, OH 44114-0000
  32. OTION(56610335) SENT BY REGULAR MAIL SERVICE. TO: MICHELLE MOORE 2999 PAYNE AVE #131 CLEVELAND, OH 44114-0000
  33. NSTRUCTION FOR SERVICE ON ALL DEFENDANTS OF MOTION BY ORDINARY MAIL FILED.
  34. OTION FOR TRIAL JURY MOTION PRO SE (9999999) 08/02/2025 - UNKNOWN
  35. EDIATION HEARING CANCELLED AT THE PRO SE PLAINTIFF'S REQUEST. CASE IS RETURNED TO THE JUDGE'S DOCKET FOR FURTHER PROCEEDINGS. NOTICE ISSUED
  36. EDIATION SCHEDULED FOR 02/05/2025 AT 09:00 AM IS CANCELLED.
  37. NSWER FILED BY D3 BARRY INSULATION ATTORNEY THOMAS J HUNT 0067323 DEFENDANT,BERRY INSULATION COMPANY'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT
  38. EDIATION SET FOR 02/05/2025 AT 09:00 AM. (Notice Sent).
  39. MC BY PHONE HELD 12/05/2024. COUNSEL FOR THE RESPECTIVE PARTIES PARTICIPATED AND PROVIDED THE COURT WTIH AN UPDATE ON THIS CASE. THE PARTIES AGREE TO THE FOLLOWING: CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO BE HELD IN DECEMBER OF 2024 OR JANUARY OF 2025. TELEPHONE CONFERENCE SET FOR 01/23/2025 AT 09:00 AM. PLAINTIFF IS TO INITIATE THE CONFERENCE CALL TO DEFENDANT(S), THEN TO THE COURT'S STAFF ATTORNEY AT (216) 443-8674. NOTICE ISSUED
  40. SPS RECEIPT NO. 55353268 DELIVERED BY USPS 11/25/2024 MOORE/MICHELLE/ PROCESSED BY COC 12/04/2024.
  41. SPS RECEIPT NO. 55353270 DELIVERED BY USPS 11/21/2024 BARRY INSULATION PROCESSED BY COC 11/27/2024.
  42. SPS RECEIPT NO. 55353269 DELIVERED BY USPS 11/21/2024 NOWAK/KEVIN/ PROCESSED BY COC 11/27/2024.
  43. OTICE OF APPEARANCE, FILED DEFENDANT(S) MICHELLE MOORE(D1) and KEVIN NOWAK(D2) MICHAEL A ARNOLD 0102528. NOTICE OF APPEARANCE OF CO-COUNSEL
  44. NSWER(55353270) SENT BY CERTIFIED MAIL. TO: BARRY INSULATION C/O THOMAS J. HUNT 24441 DETROIT RD #300 WESTLAKE, OH 44145-0000
  45. NSWER(55353269) SENT BY CERTIFIED MAIL. TO: KEVIN NOWAK C/O J. EMERSON 200 PUBLIC SQUARE #1200 CLEVELAND, OH 44114-0000
  46. NSWER(55353268) SENT BY CERTIFIED MAIL. TO: MICHELLE MOORE C/O J. EMERSON 200 PUBLIC SQUARE #1200 CLEVELAND, OH 44114-0000
  47. 1 SHEILA FOSTER ANSWER TO DEFENDANTS (MICHELLE MOORE AND KEVIN NOWAK/ CHN. PRO SE 9999999
  48. NSWER TO DEFENDANTS (MICHELLE MOORE AND KEVIN NOWAK/CHN). PRO SE (9999999)
  49. NSTRUCTION FOR SERVICE ON ALL DEFENDANTS OF PLAINTIFF'S ANSWER TO DEFENDANTS BY CERTIFIED MAIL. FILED. (1ST ATTEMPT MUST BE SENT CERTIFIED MAIL)
  50. NSWER FILED BY DEFENDANT(S) MICHELLE MOORE(D1) and KEVIN NOWAK(D2) ATTORNEY JULIAN T EMERSON 0088429 ANSWER OF DEFENDANTS MICHELLE MOORE AND KEVIN NOWAK TO PLAINTIFF'S AMENDED COMPLAINT
  51. EFENDANT BARRY INSULATION'S MOTION FOR LEAVE TO PLEAD, FILED 11/07/2024, IS GRANTED. DEFENDANT BARRY INSULATION IS GRANTED UNTIL 12/07/2024 TO ANSWER, PLEAD, OR OTHERWISE MOVE IN RESPONSE TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  52. OTION FILED FOR D3 BARRY INSULATION THOMAS J HUNT 0067323 MOTION FOR LEAVE TO PLEAD
  53. MC BY PHONE SET FOR 12/05/2024 AT 09:45 AM PLAINTIFF IS TO INITIATE THE CONFERENCE CALL TO DEFENDANT(S), THEN TO THE COURT'S STAFF ATTORNEY AT (216) 443-8674. NOTICE ISSUED
  54. SPS RECEIPT NO. 54982075 DELIVERED BY USPS 10/09/2024 BARRY INSULATION PROCESSED BY COC 10/16/2024.
  55. SPS RECEIPT NO. 54982074 DELIVERED BY USPS 10/09/2024 NOWAK/KEVIN/ PROCESSED BY COC 10/16/2024.
  56. SPS RECEIPT NO. 54982073 DELIVERED BY USPS 10/11/2024 MOORE/MICHELLE/ PROCESSED BY COC 10/16/2024.
  57. EFENDANTS' MICHELLE MOORE AND KEVIN NOWAK MOTION FOR EXTENSION OF TIME TO PLEAD TO PLAINTIFF'S COMPLAINT, FILED 10/10/2024, IS GRANTED. DEFENDANTS MICHELLE MOORE AND KEVIN NOWAK ARE GRANTED UNTIL 11/11/2024 TO ANSWER, PLEAD, OR OTHERWISE MOVE IN RESPONSE TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  58. OTION FOR EXTENSION OF TIME DEFENDANTS' MICHELLE MOORE AND KEVIN NOWAK MOTION FOR EXTENSION OF TIME TO PLEAD TO PLAINTIFF'S COMPLAINT 10/15/2024 - GRANTED
  59. EFENDANT BERRY INSULATION COMPANY'S MOTION FOR LEAVE TO PLEAD, FILED 10/09/2024, IS GRANTED. DEFENDANT BERRY INSULATION COMPANY IS GRANTED UNTIL 11/09/2024 TO ANSWER, PLEAD, OR OTHERWISE MOVE IN RESPONSE TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED
  60. OTION FILED FOR D3 BARRY INSULATION THOMAS J HUNT 0067323 MOTION FOR LEAVE TO PLEAD 10/10/2024 - GRANTED
  61. OTION(54982075) SENT BY CERTIFIED MAIL. TO: BARRY INSULATION 1600 E 25TH CLEVELAND, OH 44114-0000
  62. OTION(54982074) SENT BY CERTIFIED MAIL. TO: KEVIN NOWAK 2999 PAYNE AVE #134 CLEVELAND, OH 44114-0000
  63. OTION(54982073) SENT BY CERTIFIED MAIL. TO: MICHELLE MOORE 2999 PAYNE AVE #134 CLEVELAND, OH 44114-0000
  64. NSTRUCTION FOR SERVICE ON ALL DEFENDANTS OF PLAINTIFF'S MOTION TO AMEND INDICTMENT BY CERTIFIED MAIL. FILED. (CANNOT DO REGULAR MAIL ON 1ST ATTEMPT)
  65. HE COURT NOTES THAT PLAINTIFF SHEILA FOSTER HAS ELECTED TO PROCEED IN THIS MATTER IN A PRO SE FASHION. IT IS THE POSITION AND POLICY OF THIS COURT, IN ACCORDANCE WITH ESTABLISHED LAW, THAT PRO SE LITIGANTS ARE BOUND BY THE SAME RULES AND PROCEDURES AS THOSE LITIGANTS WHO RETAIN COUNSEL AND ARE NOT TO BE ACCORDED GREATER RIGHTS AND ARE RESPONSIBLE FOR ACCEPTING THE RESULTS OF THEIR OWN MISTAKES AND ERRORS. SEE, MEYERS V. FIRST NAT'L BANK OF CINCINNATI (1981), 3 OHIO APP.3D 209; TISDALE V. JAVITCH, BLOCK & RATHBONE, 2003 WL 22971032 (OHIO APP.8TH DIST.). NOTICE ISSUED
  66. FFIDAVIT OF INDIGENCY, FILED 09/06/2024, IS GRANTED. UPON THE REQUEST OF THE APPLICANT AND THE COURT'S REVIEW, THE COURT FINDS THAT THE APPLICANT IS AN INDIGENT LITIGANT UNDER R.C. 2323.311. IN ACCORDANCE AND FOR GOOD CAUSE, THE COURT HEREBY GRANTS A WAIVER OF PRE-PAYMENT OF COSTS OR FEES IN THIS MATTER. PURSUANT TO R.C. 2323.311(B)(4), THE CLERK IS HEREBY ORDERED TO WAIVE THE ADVANCE DEPOSIT OR SECURITY. THIS RULING APPLIES ONLY TO -PREPAYMENT- OF COSTS OR FEES. PLAINTIFF MAY BE ASSESSED COSTS OR FEES AT THE CONCLUSION OF THE CASE DEPENDING ON THE CASE'S RESOLUTION. NOTICE ISSUED
  67. SPS RECEIPT NO. 54753028 DELIVERED BY USPS 09/12/2024 BARRY/MARTIN/G. PROCESSED BY COC 09/18/2024.
  68. SPS RECEIPT NO. 54753027 DELIVERED BY USPS 09/12/2024 NOWAK/KEVIN/ PROCESSED BY COC 09/18/2024.
  69. SPS RECEIPT NO. 54753026 DELIVERED BY USPS 09/12/2024 MOORE/MICHELLE/ PROCESSED BY COC 09/18/2024.
  70. UMS COMPLAINT(54753028) SENT BY CERTIFIED MAIL. TO: MARTIN G. BARRY 1600 EAST 24TH STREET CLEVELAND, OH 44114-0000
  71. UMS COMPLAINT(54753027) SENT BY CERTIFIED MAIL. TO: KEVIN NOWAK 2999 PAYNE AVENUE CLEVELAND, OH 44114-0000
  72. UMS COMPLAINT(54753026) SENT BY CERTIFIED MAIL. TO: MICHELLE MOORE 2999 PAYNE AVENUE CLEVELAND, OH 44114-0000
  73. UMMONS E-FILE COPY COST
  74. UMMONS E-FILE COPY COST
  75. RIT FEE
  76. RIT FEE
  77. RIT FEE
  78. UDGE MICHAEL P SHAUGHNESSY ASSIGNED (RANDOM)
  79. EGAL RESEARCH
  80. EGAL AID
  81. OURT SPECIAL PROJECTS FUND
  82. OMPUTER FEE
  83. LERK'S FEE
  84. EGAL NEWS
  85. FFIDAVIT OF INDIGENCY, FILED
  86. ASE FILED

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