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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2024-08-15
Status INACTIVE
Type Contract
Docket 42 entries

Parties

Plaintiff Ashley B Randolph
Defendant First American Title Insurance Company C/o Corporation Service Company|Venture Land Title Agency, Llc C/o Jerome A. Lemire
Photo of Hon. JOHN D SUTULA

Judge

Hon. JOHN D SUTULA

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. JUDGMENT ENTRY(55184580) SENT BY EMAIL. TO: NICHOLAS J. MITCHELL [email protected]
  3. JUDGMENT ENTRY(55184579) SENT BY EMAIL. TO: NICHOLAS P. CAPOTOSTO [email protected]
  4. JUDGMENT ENTRY(55184578) SENT BY EMAIL. TO: NICHOLAS P. CAPOTOSTO [email protected]
  5. JUDGMENT ENTRY(55184577) SENT BY EMAIL. TO: CASEY P O'BRIEN [email protected]
  6. THIS COURT FINDS AS FOLLOWS: THE COMMITMENT WHICH IS ATTACHED TO THE PLAINTIFF'S COMPLAINT WAS SUPERSEDED AND EXTINGUISHED UPON ISSUANCE OF THE TITLE POLICY. THEREFORE, THE COMMITMENT EXPIRED UPON THE ISSUANCE OF THE TITLE POLICY. THERE IS NO BREACH OF CONTRACT LIABILITY UNDER THE TITLE POLICY FOR THE TAX ABATEMENT, THE EXPIRATION OF THE TAX ABATEMENT, AND THE RESULTING TAX OBLIGATION. TAXES STEMMING FROM THE TAX ABATEMENT ARE NOT A COVERED RISK UNDER THE TITLE POLICY. IN ORDER TO BE A COVERED RISK UNDER THE TITLE POLICY, THERE MUST BE A LIEN CREATED BY THE TAX OBLIGATION OR ASSESSMENT THAT IS DUE OR PAYABLE, BUT UNPAID. HERE, THE TAXES DUE AFTER THE EXPIRATION OF THE TAX ABATEMENT WERE NOT A LIEN ON THE PROPERTY AT THE TIME THAT THE TITLE POLICY WAS ISSUED. THE TITLE POLICY EXCEPTS FROM COVERAGE ANY LIABILITY FOR TAXES THAT BECAME DUE AFTER EXPIRATION OF THE TAX ABATEMENT. FURTHER, PLAINTIFF SIGNED A DOCUMENT TITLED "AGREEMENT AS TO TAXES AND ASSESSMENTS" WHEREIN PLAINTIFF AGREED THAT "THERE MAY BE ASSESSMENTS LEVIED WHICH DO NOT NOW APPEAR OF RECORD OR AN INCREASE IN TAX VALUATION OR AMOUNT OF TAXES" AND TO "HOLD THE COMPANY HARMLESS FOR ANY TAX INCREASE OR DECREASE OCCASIONED BY RETROACTIVE REVALUATION, CHANGE IN LAND USAGE, OR LOSS OF ANY HOMESTEAD STATUS." THEREFORE, PLAINTIFF'S CLAIMS FOR BREACH OF CONTRACT AND NEGLIGENT TITLE SEARCH ARE DISMISSED WITH PREJUDICE AGAINST DEFENDANTS. DEFENDANT VENTURE LAND TITLE AGENCY, LLC'S MOTION TO DISMISS FILED, FILED 10/22/2024, IS UNOPPOSED AND GRANTED. MOTION TO DISMISS FILED MOTION TO DISMISS OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY, FILED 09/25/2024, IS UNOPPOSED AND GRANTED. COURT COST 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
  7. MOTION FOR LEAVE TO FILE INSTANTER MOTION TO DISMISS, FILED 10/22/2024, IS GRANTED. NOTICE ISSUED
  8. MOTION TO DISMISS FILED 10/29/2024 - UNOPPOSED AND GRANTED
  9. MOTION FILED FOR D2 VENTURE LAND TITLE AGENCY, LLC CASEY P O'BRIEN 0072378 MOTION FOR LEAVE TO FILE INSTANTER 10/25/2024 - GRANTED
  10. CMC BY PHONE SET FOR 10/30/2024 AT 10:20 AM. (Notice Sent).
  11. MOTION FILED FOR P1 ASHLEY B RANDOLPH NICHOLAS J. MITCHELL 0104173. MOTION TO WITHDRAW AS COUNSEL, FILED 09/26/2024, IS GRANTED. CASE MANAGEMENT CONFERENCE BY PHONE IS CONTINUED TO 10-30-24 AT 10:20 A.M. COUNSEL AND PRO SE LITIGANTS TO ACCESS COURT BY THE FOLLOWING CONFERENCE CALL DIAL-IN NUMBERS WHERE THE PROMPTS WILL DIRECT YOUR ACCESS TO THE COURT: DIAL: +1 605-562-8400 ACCESS CODE: 1289312 MODERATOR PIN: 5942756 NOTICE ISSUED
  12. CMC BY PHONE SET FOR 10/02/2024 AT 01:20 PM. (Notice Sent).
  13. CMC BY PHONE SCHEDULED FOR 10/30/2024 AT 10:20 AM IS CANCELLED.
  14. CMC BY PHONE SET FOR 10/30/2024 AT 10:20 AM. (Notice Sent).
  15. CMC BY PHONE SCHEDULED FOR 10/02/2024 AT 01:20 PM IS CANCELLED.
  16. MOTION FILED FOR P1 ASHLEY B RANDOLPH NICHOLAS J. MITCHELL 0104173 MOTION TO WITHDRAW AS COUNSEL 09/30/2024 - GRANTED
  17. GENERAL PLEADING FILED BY D1 FIRST AMERICAN TITLE INSURANCE COMPANY ATTORNEY NICHOLAS P. CAPOTOSTO 0076436 MEMORANDUM IN SUPPORT OF MOTION TO DISMISS OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY
  18. MOTION TO DISMISS FILED MOTION TO DISMISS OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY 10/29/2024 - UNOPPOSED AND GRANTED
  19. PURSUANT TO THE STIPULATED LEAVE TO PLEAD, FILED 09-17-24, DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY SHALL MOVE, ANSWER, RESPOND OR OTHERWISE PLEAD ON OR BEFORE 10-21-24. NOTICE ISSUED
  20. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATED LEAVE TO PLEAD OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY
  21. NOTICE FILED BY D2 VENTURE LAND TITLE AGENCY, LLC ATTORNEY CASEY P O'BRIEN 0072378 NOTICE OF SERVICE
  22. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR FIRST AMERICAN TITLE INSURANCE COMPANY 09/09/2024 17:01:47
  23. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR O'BRIEN/CASEY/P 09/09/2024 17:01:47
  24. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MITCHELL/NICHOLAS/J. 09/09/2024 17:01:47
  25. CMC BY PHONE SET FOR 10/02/2024 AT 01:20 PM. CMC SHALL BE CONDUCTED BY PHONE. COUNSEL AND PRO SE LITIGANTS TO ACCESS COURT BY THE FOLLOWING CONFERENCE CALL DIAL-IN NUMBERS WHERE THE PROMPTS WILL DIRECT YOUR ACCESS TO THE COURT: DIAL: +1 605-562-8400 ACCESS CODE: 1289312 MODERATOR PIN: 5942756 COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE PARTICIPATE BY PHONE AND ARE REQUIRED TO FILE THEIR TELEPHONE NUMBER, ADDRESS AND EMAIL ADDRESS WITH THIS COURT PRIOR TO THE DATE OF THE CMC. FAILURE OF ANY KIND OF THE AFOREMENTIONED PERSONS TO PARTICIPATE IN THIS PROPERLY SCHEDULED CASE MANAGEMENT CONFERENCE MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THE CASE AND/OR JUDGMENT BEING RENDERED. DISCOVERY IS TO START IMMEDIATELY. PARTIES TO COMPLY WITH DISCOVERY PURSUANT TO CIVIL RULES OF PROCEDURE. PARTIES TO BE READY WITH DEMAND AND OFFER OF SETTLEMENT.
  26. ANSWER FILED BY D2 VENTURE LAND TITLE AGENCY, LLC ATTORNEY CASEY P O'BRIEN 0072378 ANSWER OF VENTURE LAND TITLE AGENCY, LLC
  27. USPS RECEIPT NO. 54586002 DELIVERED BY USPS 08/26/2024 VENTURE LAND TITLE AGENCY, LLC PROCESSED BY COC 09/04/2024.
  28. USPS RECEIPT NO. 54586001 DELIVERED BY USPS 08/23/2024 FIRST AMERICAN TITLE INSURANCE COMPANY PROCESSED BY COC 08/28/2024.
  29. SUMS COMPLAINT(54586002) SENT BY CERTIFIED MAIL. TO: VENTURE LAND TITLE AGENCY, LLC 838 STATE ROUTE 46 NORTH JEFFERSON, OH 44047
  30. SUMS COMPLAINT(54586001) SENT BY CERTIFIED MAIL. TO: FIRST AMERICAN TITLE INSURANCE COMPANY 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43125
  31. WRIT FEE
  32. SUMMONS E-FILE COPY COST
  33. SUMMONS E-FILE COPY COST
  34. WRIT FEE
  35. JUDGE JOHN D SUTULA ASSIGNED (RANDOM)
  36. LEGAL RESEARCH
  37. LEGAL NEWS
  38. LEGAL AID
  39. COURT SPECIAL PROJECTS FUND
  40. COMPUTER FEE
  41. CLERK'S FEE
  42. DEPOSIT AMOUNT PAID NICHOLAS J. MITCHELL

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