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Case Information
Filed
2025-01-06
Status
INACTIVE
Type
Consumer Debt
Docket
29 entries
Parties
Plaintiff
Capital One Na
Defendant
Robert W Cerney
Lawyers
Docket Entries
- CASE FILED: COMPLAINT
- JUDGMENT ENTRY(56713046) SENT BY REGULAR MAIL SERVICE. TO: ROBERT W CERNEY 975 CHELSTON RD CLEVELAND, OH 44121
- JUDGMENT ENTRY(56713045) SENT BY EMAIL. TO: RYAN S. MUDRA [email protected]
- JUDGMENT ENTRY(56713044) SENT BY EMAIL. TO: RYAN S. MUDRA [email protected]
- JUDGMENT ENTRY(56713043) SENT BY EMAIL. TO: DAVID A HEAD [email protected]
- JUDGMENT ENTRY(56713042) SENT BY EMAIL. TO: DAVID A HEAD [email protected]
- PLAINTIFF FILED A NOTICE OF DISMISSAL, CASE IS HEREBY DISMISSED WITHOUT PREJUDICE. SO ORDERED. 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
- NOTICE OF DISMISSAL
- CMC BY PHONE SCHEDULED FOR 04/08/2025 AT 09:00 AM IS CANCELLED.
- DEFAULT HEARING HELD ON 04/01/2025. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT APPEARED PRO SE. DEFENDANT IS GRANTED 30 DAYS LEAVE OF COURT UNTIL NO LATER THAN 05/01/2025 TO RESPOND TO PLAINTIFF'S COMPLAINT. PLAINTIFF'S MOTION FOR DEFAULT IS HEREBY HELD IN ABEYANCE. SO ORDERED. NOTICE ISSUED
- NOTICE FILED BY P1 CAPITAL ONE NA ATTORNEY DAVID A HEAD 0075201 NOTICE OF SUBMISSION
- AFFIDAVIT FILED BY P1 CAPITAL ONE NA ATTORNEY DAVID A HEAD 0075201 MILITARY AFFIDAVIT
- TELEPHONE DEFAULT HEARING SET FOR 04/01/2025 AT 02:30 PM. THE DEFAULT HEARING SHALL BE HELD BY PHONE. PLAINTIFF SHALL APPEAR AT ALL OTHER PREVIOUSLY SET COURT DATES. ALL PARTIES ARE TO CALL CONFERENCE CALL NUMBER 978-990-5000 AND ENTER ACCESS CODE 701774# AT THE SCHEDULED DATE AND TIME. PLAINTIFF'S COUNSEL MUST FILE THE FOLLOWING ITEMS, EVEN IF THEY HAVE ALREADY BEEN ATTACHED TO THE COMPLAINT OR MOTION, NO LATER THAN 03/25/2025. FAILURE TO FILE ANY OF THESE ITEMS BY SAID DATE SHALL RESULT IN PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE FOR WANT OF PROSECUTION: 1. THE CONTRACT(S), ASSIGNMENT(S), OR WRITTEN INSTRUMENT(S) UPON WHICH PLAINTIFF SEEKS JUDGMENT -- EVEN IF ALREADY ATTACHED TO THE COMPLAINT OR MOTION. FAILURE TO FILE THIS ITEM WILL RESULT IN PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE. 2. JUDGMENT ENTRY REFLECTING PRINCIPAL DUE WITHOUT REGARD TO ACCRUED INTEREST. FAILURE TO FILE THIS ITEM WILL RESULT IN PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE. 3. AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY AVERRING COMPLIANCE WITH ALL SERVICE REQUIREMENTS IN ACCORDANCE WITH APPLICABLE STATUTES AND RULES CONTAINING ATTACHMENT(S) THAT DEMONSTRATE PROOF OF SERVICE. FAILURE TO FILE THIS ITEM WILL RESULT IN PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE. 4. AFFIDAVIT SIGNED BY THE PLAINTIFF(S) OR PLAINTIFFS' REPRESENTATIVE PROVING DAMAGES. FAILURE TO FILE THIS ITEM WILL RESULT IN PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE. PLAINTIFF'S FAILURE TO TIMELY FILE ANY OF THE ABOVE MENTIONED ITEMS SHALL RESULT IN PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT BEING DENIED AND PLAINTIFF'S CLAIMS BEING DISMISSED WITHOUT PREJUDICE FOR WANT OF PROSECUTION. PROOF OF ASSIGNMENT(S) REQUIRED IN ACCOUNT CASES: PLAINTIFF(S) MUST PROVE STANDING BY PROVIDING AUTHENTICATED COPIES OF ANY AND ALL ASSIGNMENTS OF THE ACCOUNT(S), INCLUDING THE DATE OF ASSIGNMENT, PLUS PROOF OF THE AMOUNT OF PRINCIPAL DUE & OWING AT THE TIME THE DEBT WAS CHARGED OFF BY THE ORIGINAL CREDITOR. BLANKET ASSIGNMENTS THAT CONTAIN NO REFERENCE TO THE DEBTOR'S NAME AND/OR ACCOUNT(S) WILL NOT BE CONSIDERED. WITHOUT THESE ITEMS OF PROOF, DEFAULT JUDGMENT WILL NOT BE GRANTED AND THE CASE WILL BE DISMISSED FOR WANT OF PROSECUTION PURSUANT TO CIV.R 41(B). DEFAULT: NOTIFICATION OF DEFENDANT(S): PLAINTIFFS ARE REQUIRED TO NOTIFY IN WRITING ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME AND DATE OF THE DEFAULT HEARING BY REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT LEAST TEN (10) DAYS IN ADVANCE OF THE HEARING DATE. NOTE: IF PLAINTIFFS HAVE NOT NOTIFIED DEFAULTING DEFENDANTS IN ACCORDANCE WITH THIS REQUIREMENT, THEN DEFAULT JUDGMENT WILL NOT BE GRANTED AND CASE WILL BE DISMISSED. PROOF OF TIMELY MAILING OF SUCH NOTICE WILL BE REQUIRED AT THE DEFAULT HEARING. CERTIFIED MAIL RECEIPT OR PROOF OF CERTIFIED MAIL SERVICE ATTEMPTS, AVAILABLE FROM THE USPS WEBSITE, IS REQUIRED ALSO. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED
- MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR CERNEY/ROBERT/W 02/10/2025 17:02:13
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MUDRA/RYAN/S. 02/10/2025 17:02:13
- CMC BY PHONE SET FOR 04/08/2025 AT 09:00 AM. ALL PARTIES ARE TO CALL CONFERENCE CALL NUMBER 978-990-5000 AND ENTER ACCESS CODE 701774# AT THE SCHEDULED DATE AND TIME. FAILURE OF THE PLAINTIFF TO APPEAR FOR THIS CMC WILL RESULT IN DISMISSAL WITHOUT PREJUDICE. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND UNREPRESENTED PARTIES OF THE DATE AND TIME OF THE CASE MANAGEMENT CONFERENCE. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. PRIOR TO THE CMC, PARTIES MUST EXCHANGE INITIAL DISCLOSURES PURSUANT TO OHIO CIV. R. 26(B)(3) AND DRAFT A PROPOSED DISCOVERY PLAN PURSUANT TO OHIO CIV. R. 26(F). COUNSEL SHALL FILE WITH THE COURT THE PROPOSED DISCOVERY PLAN AND NOTICE OF INITIAL DISCLOSURES AT LEAST 24 HOURS IN ADVANCE OF THE CMC. IF THE PARTIES ARE UNABLE TO CONFER, PLAINTIFF SHALL PROVIDE EVIDENCE WITH THE COURT OF EFFORTS TO COMPLY WITH THIS ORDER. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED.
- CERTIFIED MAIL RECEIPT NO. 55750784 RETURNED BY U.S. MAIL DEPARTMENT 01/13/2025 CERNEY/ROBERT/W MAIL RECEIVED AT ADDRESS 01/22/2025 TENDERED TO AGENT FOR FINAL DELIVERY
- SUMS COMPLAINT(55750784) SENT BY CERTIFIED MAIL. TO: ROBERT W CERNEY 975 CHELSTON RD CLEVELAND, OH 44121
- SUMMONS E-FILE COPY COST
- WRIT FEE
- JUDGE CASSANDRA COLLIER-WILLIAMS ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID RYAN S. MUDRA
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