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Case Information
Filed
2025-02-03
Status
INACTIVE
Type
Contract
Docket
39 entries
Parties
Plaintiff
American Express National Bank
Defendant
Yehuda Z Modes
Lawyers
Docket Entries
- CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST
- JUDGMENT ENTRY(57965770) SENT BY REGULAR MAIL SERVICE. TO: YEHUDA Z MODES 3784 BENDEMEER RD CLEVELAND HTS, OH 44118
- JUDGMENT ENTRY(57965768) SENT BY EMAIL. TO: MICHELLE L. HATFIELD [email protected]
- MOTION FOR SUMMARY JUDGMENT FILED, FILED 07/25/2025, IS GRANTED. THIS CAUSE CAME UPON THE CLAIM AND SUBSEQUENT APPLICATION FOR SUMMARY JUDGMENT OF PLAINTIFF, AMERICAN EXPRESS NATIONAL BANK, AGAINST DEFENDANT, YEHUDA Z MODES. UPON GOOD CAUSE AND EVIDENCE SHOWN BY PLAINTIFF, AND BY DEFENDANT HAVING FAILED TO PROVIDE ANY EVIDENCE OF A GENUINE MATERIAL FACT AS REQUIRED BY OHIO CIV. R. 56(C), THE COURT BEING FULLY ADVISED IN THE PREMISES, HEREBY RENDERS SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN THE PRINCIPAL AMOUNT OF $20,358.13, LESS CREDITS OF $0.00, PLUS COURT COSTS OF $338.95, COMPRISED OF THE FILING FEE OF $258.95, SERVICE FEE OF $80.00, AND MOTION FEES OF $0.00, FOR A TOTAL JUDGMENT AMOUNT OF $20,697.08. FURTHER, PLAINTIFF SHALL BE ENTITLED TO THE PRINCIPAL AMOUNT ONLY, AND ALL ADDITIONAL COURT COSTS THAT MAY BE INCURRED IN OBTAINING AND ENFORCING THIS JUDGMENT, UNTIL JUDGMENT IS PAID IN FULL, FOR ALL OF WHICH EXECUTION MAY ISSUE FORTHWITH. THIS IS A FINAL JUDGMENT AND THERE IS NO JUST REASON FOR DELAY. THE PARTIES ARE HEREBY ADVISED OF THEIR RIGHTS TO APPEAL THIS JUDGMENT. THE CLERK IS HEREBY DIRECTED TO SERVE NOTICE OF THIS JUDGMENT AND THE DATE OF ENTRY UPON ALL PARTIES NOT IN DEFAULT IN ACCORDANCE WITH OHIO RULES OF CIVIL PROCEDURE 58(B). ALL COSTS TO BE TAXED BY THE CLERK TO PLAINTIFF FOR PAYMENT. 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
- THE COURT NOTES THAT COUNSEL FOR DEFENDANT, STEVEN IPRI, HAS REQUESTED PERMISSION TO WITHDRAW FROM REPRESENTATION OF DEFENDANT MODES IN THIS MATTER. IN SAID MOTION, ATTORNEY IPRI INDICATES THAT HE HAS CONFERRED WITH HIS CLIENT REGARDING THIS MATTER, AND THAT DEFENDANT INSTRUCTED HIM TO WITHDRAW FROM THIS CASE. ACCORDINGLY, THE MOTION IS GRANTED. ATTORNEY IPRI IS ORDERED TO COMPLY WITH ALL APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY WITH REGARD TO CLIENT TRANSITION AND SHALL AVOID ANY ACTIONS THAT WOULD CAUSE PREJUDICE TO THE DEFENDANT IN THIS MATTER. THE CLERK IS ORDERED TO EFFECT SUCH CHANGES ON THE DOCKET ACCORDINGLY. DEFENDANT MODES IS WARNED BY THIS COURT THAT HE IS CONSIDERED TO BE PROCEEDING IN THIS MATTER PRO SE. ACCORDINGLY, THE COURT NOTES THAT PLAINTIFF HAS FILED A MOTION REQUESTING JUDGMENT AS A MATTER OF LAW, AND TO DATE, NO OPPOSITION HAS BEEN FILED. FOR THE BENEFIT OF DEFENDANT, THE COURT NOTES THAT HE HAS UNTIL 8/22/25 TO RESPOND TO THE PENDING MOTION FOR SUMMARY JUDGMENT WITH WRITTEN OPPOSITION THAT MUST BE FILED WITH THE COURT. FAILURE TO RAISE A GENUINE MATERIAL FACT WITH RESPECT TO PLAINTIFF'S CLAIMS WILL RESULT IN JUDGMENT BEING RENDERED AGAINST DEFENDANT MODES. PRO SE LITIGANTS ARE REMINDED THAT THEY ARE HELD TO THE SAME RULES, PROCEDURES, AND STANDARDS AS LITIGANTS REPRESENTED BY COUNSEL. DJL, INC. V. MASSINGILLE, 8TH DIST. CUYAHOGA NO. 9664, 2011-OHIO-6281, PARA. 23, CITING STATE EX REL. FULLER V. MENGEL, 100 OHIO ST.3D 352, 2003-OHIO-6448, 800 N.E.2D 25. THE COURT SITS AS AN IMPARTIAL ARBITER AND ALL LITIGANTS WILL BE TREATED EQUALLY. THE COURT WILL NOT CONSIDER COMMUNICATIONS FROM LITIGANTS OTHER THAT THOSE THAT: (A) ARE IN WRITING; (B) HAVE BEEN PROPERLY SERVED UPON ALL PARTIES; AND (C) HAVE BEEN FILED WITH THE CLERK OF COURT. ANY AND ALL OTHER ATTEMPTS AT COMMUNICATING WITH THE COURT OR COURT STAFF WILL BE DENIED. NOTICE ISSUED
- MOTION TO WITHDRAW AS COUNSEL
- MOTION FOR SUMMARY JUDGMENT FILED
- 56018773 ON 02/13/2025 THE WITHIN NAMED MODES/YEHUDA/Z WAS NOT SERVED. FAILURE OF SERVICE BY S.P.S. DUE TO FAILURE OF SERVICE.
- CASE CALLED FOR PRETRIAL. ALL COUNSEL PRESENT. DEFENDANT IS WORKING WITH A DEBT CONSOLIDATION FIRM, HOWEVER NO AGREEMENT HAS BEEN REACHED REGARDING PLAINTIFF'S CLAIM. THE COURT WILL ENTERTAIN A DISPOSITIVE MOTION ON PLAINTIFF'S CLAIMS. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DUE: 8/7/25. DEFENDANT'S RESPONSE DUE: 9/4/25. THE COURT WILL NOT ACCEPT REPLIES. PLAINTIFF'S FAILURE TO FILE A DISPOSITIVE MOTION ON 8/7/25 MAY RESULT IN DISMISSAL FOR WANT OF PROSECUTION. CIV. R. 41(B). IF TIME IS OF THE ESSENCE FOR PLAINTIFF TO OBTAIN A JUDGMENT ON THIS ALLEGED DEBT, PLAINTIFF SHOULD BE PREPARED TO PROVIDE THE COURT WITH EVIDENCE REGARDING THE VALIDITY OF SAME. NO EXTENSIONS WILL BE GRANTED. LIKEWISE, THE COURT NOTES TO DEFENDANT THAT THIS IS DEFENDANT'S LAST BEST OPPORTUNITY TO NEGOTIATE A SETTLEMENT THAT IS FAVORABLE TO HIMSELF IN THE EVENT THAT PLAINTIFF CAN PROVIDE EVIDENCE THAT THIS DEBT IS VALIDLY DUE AND OWING. THE PARTIES ARE ADMONISHED TO WORK WITH ALACRITY TO BRING THIS CASE TO FULL ADJUDICATION. NOTICE ISSUED
- CMC BY PHONE HELD ON 05/13/2025. ALL COUNSEL PRESENT. AN OFFER TO COMPROMISE HAS BEEN EXTENDED TO DEFENDANT. THIS MATTER IS RESET TO ALLOW THE PARTIES A CHANCE TO REACH AN AGREEMENT ON THE DEBT. PRETRIAL SET FOR 07/07/2025 AT 09:30 AM. TELEPHONE CONFERENCE SET TO ASSESS STATUS OF SETTLEMENT NEGOTIATIONS. PARTIES TO CONTACT THE COURT AT 605-313-5579, ACCESS CODE 4539808#. IN THE EVENT THAT THE PARTIES REACH A RESOLUTION AND SUBMIT A CONSENT ENTRY, THIS MATTER WILL BE REMOVED FROM THE COURT'S DOCKET. NOTICE ISSUED
- ANSWER FILED BY D1 YEHUDA Z MODES ATTORNEY STEVEN M. IPRI 0087597 ANSWER OF DEFENDANT
- GENERAL PLEADING FILED BY P1 AMERICAN EXPRESS NATIONAL BANK ATTORNEY MICHELLE L. HATFIELD 0079640 PLAINTIFF'S CERTIFICATE REGARDING JUDGE-SPECIFIC REQUIREMENTS
- SUMS COMPLAINT(56727052) SENT BY REGULAR MAIL SERVICE. TO: YEHUDA Z MODES 3784 BENDEMEER RD CLEVELAND HTS, OH 44118 ANSWER DATE: 05/16/2025
- SUMMONS E-FILE COPY COST
- WRIT FEE
- REQUEST FOR SERVICE FILED PRAECIPE FOR ALIAS SERVICE
- PLAINTIFF TO REISSUE SERVICE BY 4/22/25 OR THE CASE WILL BE DISMISSED. THIS IS THE SECOND WARNING FOR THE REISSUANCE OF SERVICE DUE TO THE RECENT DEPARTURE OF THE ATTORNEY OF RECORD. NOTICE ISSUED
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MODES/YEHUDA/Z 04/14/2025 17:02:05
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR FITZGIBBON/BRITTANY/ 04/14/2025 17:02:05
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HATFIELD/MICHELLE/L. 04/14/2025 17:02:05
- CMC BY PHONE SET FOR 05/13/2025 AT 11:00 AM. COUNSEL FOR ALL PARTIES SHALL APPEAR BY PHONE. PARTIES NOT REPRESENTED BY COUNSEL SHALL LIKEWISE APPEAR BY PHONE. ALL PARTICIPANTS SHALL CALL THE COURT S CONFERENCE NUMBER (605) 313-5579 AND ENTER ACCESS CODE 4539808# AT THE SCHEDULED TIME. ALL PARTICIPANTS SHALL BE PREPARED TO DISCUSS THE FACTS OF THE CASE, DISCOVERY PROGRESS, AND SCHEDULING MATTERS. REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES MUST BE SERVED PRIOR TO THE CASE MANAGEMENT CONFERENCE. THE PARTIES MUST ALSO FILE THIS COURT'S CERTIFICATE REGARDING GENERATIVE ARTIFICIAL INTELLIGENCE BY THE INITIAL CASE MANAGEMENT CONFERENCE. THIS COURT'S TRIAL ORDER IS AVAILABLE ONLINE AT JUDGE JOHN J. RUSSO'S WEBPAGE ON THE COURT'S WEBSITE AT: HTTP://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-JOHN-J-RUSSO/
- NOTICE OF SUBSTITUTION OF COUNSEL FILED
- PLAINTIFF TO RE-ATTEMPT SERVICE BY 3/26/25 OR THIS MATTER MAY BE DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV. R. 41(B)(1). NOTICE ISSUED
- CERTIFIED MAIL RECEIPT NO. 56018774 RETURNED 2/25/2025 FAILURE OF SERVICE ON DEFENDANT MODES/YEHUDA/Z - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
- PURSUANT TO CIV.R. 4(E). "IF A SERVICE OF THE SUMMONS AND COMPLAINT IS NOT MADE UPON A DEFENDANT WITHIN SIX MONTHS AFTER THE FILING OF THE COMPLAINT AND THE PARTY ON WHOSE BEHALF SUCH SERVICE WAS REQUIRED CANNOT SHOW GOOD CAUSE WHY SUCH SERVICE WAS NOT MADE WITHIN THAT PERIOD. THE ACTION SHALL BE DISMISSED WITHOUT PREJUDICE UPON THE COURT'S OWN INITIATIVE WITH NOTICE TO SUCH PARTY OR UPON MOTION." IF SERVICE ON DEFENDANT(S) IS NOT PERFECTED WITHIN 180 DAYS OF FILING OF THE COMPLAINT, THIS CASE MAY BE DISMISSED WITHOUT PREJUDICE PURSUANT TO CIV.R. 4(E). NOTICE ISSUED
- SUMS COMPLAINT(56018774) SENT BY CERTIFIED MAIL. TO: YEHUDA Z MODES 3784 BENDEMEER RD CLEVELAND HTS, OH 44118
- SUMS COMPLAINT(56018773) SENT BY SPECIAL PROCESS SERVER. TO: YEHUDA Z MODES 3784 BENDEMEER RD CLEVELAND HTS, OH 44118
- SUMMONS E-FILE COPY COST
- SUMMONS E-FILE COPY COST
- WRIT FEE
- WRIT FEE
- JUDGE JOHN J RUSSO ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID BRITTANY FITZGIBBON
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