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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-04
Status INACTIVE
Type Contract
Docket 46 entries

Parties

Plaintiff Discover Bank
Defendant Gary N Auerbach
Photo of Hon. JOHN J RUSSO

Judge

Hon. JOHN J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST, SERVICE REQUEST
  2. CASE REFUND TO ZWICKER & ASSOCIATES, PC
  3. JUDGMENT ENTRY(56887531) SENT BY REGULAR MAIL SERVICE. TO: GARY N AUERBACH 3795 WARRENDALE RD SOUTH EUCLID, OH 44118
  4. JUDGMENT ENTRY(56887530) SENT BY EMAIL. TO: ROBERT GERALD WILLIAMS [email protected]
  5. JUDGMENT ENTRY(56887529) SENT BY EMAIL. TO: CAROLINE LOUDERBACK [email protected]
  6. JUDGMENT ENTRY(56887528) SENT BY EMAIL. TO: KIRSTEN R. ARMSTRONG [email protected]
  7. JUDGMENT ENTRY(56887527) SENT BY EMAIL. TO: KIRSTEN R. ARMSTRONG [email protected]
  8. JUDGMENT ENTRY(56887526) SENT BY EMAIL. TO: DIANE E. HUFF [email protected]
  9. JUDGMENT ENTRY(56887525) SENT BY EMAIL. TO: DIANE E. HUFF [email protected]
  10. JUDGMENT ENTRY(56887524) SENT BY EMAIL. TO: MICHELLE L. HATFIELD [email protected]
  11. JUDGMENT ENTRY(56887523) SENT BY EMAIL. TO: MICHELLE L. HATFIELD [email protected]
  12. JUDGMENT ENTRY(56887522) SENT BY EMAIL. TO: JAMES P MCGOWAN [email protected]
  13. JUDGMENT ENTRY(56887521) SENT BY EMAIL. TO: JAMES P MCGOWAN [email protected]
  14. THIS MATTER COMES BEFORE THE COURT ON THE CLAIM AND SUBSEQUENT APPLICATION OF PLAINTIFF FOR JUDGMENT BY DEFAULT. THE COURT, BEING FULLY ADVISED IN THE PREMISES, HEREBY FINDS DEFENDANT, GARY N. AUERBACH, HAS FAILED TO PROPERLY ANSWER OR OTHERWISE DEFEND ALTHOUGH DULY SERVED WITH PROCESS ACCORDING TO LAW BY CERTIFIED MAIL/COMMERCIAL CARRIER ON 02/07/25. ACCORDINGLY, IT IS HEREBY ORDERED THAT JUDGMENT SHALL BE RENDERED IN FAVOR OF PLAINTIFF, AND AGAINST DEFENDANT, IN THE AMOUNT OF $8,562.14, LESS CREDITS TO DATE OF $0.00, PLUS INTEREST FROM THE DATE OF JUDGMENT, AT THE STATUTORY RATE PER ANNUM, ON THE PRINCIPAL AMOUNT ONLY, PLUS CURRENT COURT COSTS OF $258.95, CONSISTING OF A FILING FEE OF $258.95, SERVICE FEE OF $0.00, AND MOTION FEES OF $0.00, FOR A TOTAL JUDGMENT AMOUNT OF $8,821.09. FURTHER, PLAINTIFF SHALL BE ENTITLED TO ALL ADDITIONAL COURT COSTS THAT MAY BE INCURRED IN ENFORCING THIS JUDGMENT, UNTIL THE JUDGMENT IS PAID IN FULL. THIS IS A FINAL AND APPEALABLE JUDGMENT AND THERE IS NO JUST REASON FOR DELAY. THE PARTIES ARE HEREBY ADVISED OF THEIR RIGHTS TO APPEAL THIS JUDGMENT. THE CLERK IS DIRECTED TO SERVE NOTICE OF THIS JUDGMENT ON THE DATE OF ENTRY UPON ALL PARTIES. IT IS SO ORDERED. COURT COSTS ASSESSED TO THE DEFENDANT(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
  15. GENERAL PLEADING FILED BY P1 DISCOVER BANK ATTORNEY MICHELLE L. HATFIELD 0079640 PLAINTIFF'S CERTIFICATE REGARDING JUDGE-SPECIFIC REQUIREMENTS
  16. AFFIDAVIT FILED BY P1 DISCOVER BANK ATTORNEY ROBERT GERALD WILLIAMS 0099073 AFFIDAVIT OF NON-MILLITARY
  17. MOTION FOR DEFAULT JUDGMENT
  18. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR AUERBACH/GARY/N 04/15/2025 17:01:55
  19. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR ARMSTRONG/KIRSTEN/R. 04/15/2025 17:01:55
  20. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HATFIELD/MICHELLE/L. 04/15/2025 17:01:55
  21. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HUFF/DIANE/E. 04/15/2025 17:01:55
  22. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MCGOWAN/JAMES/P 04/15/2025 17:01:55
  23. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR LOUDERBACK/CAROLINE/ 04/15/2025 17:01:55
  24. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR WILLIAMS/ROBERT/GERALD 04/15/2025 17:01:54
  25. CMC BY PHONE SET FOR 05/13/2025 AT 11:15 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/
  26. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL
  27. PLAINTIFF'S MOTION FOR EXTENSION OF TIME, FILED 03/25/2025, IS GRANTED FOR GOOD CAUSE, AS THE ATTORNEY OF RECORD HAS DEPARTED THE FIRM AND SUBSTITUTE COUNSEL IS IN PLACE. MOTION FOR DEFAULT JUDGMENT TO BE FILED BY 5/1/25 OR THE CASE WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  28. MOTION FOR EXTENSION OF TIME
  29. NOTICE OF SUBSTITUTION OF COUNSEL FILED
  30. THE DOCKET REFLECTS THAT DEFENDANT IS IN DEFAULT. PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT BY 3/26/25 OR THIS MATTER MAY BE DISMISSED PURSUANT TO CIV. R. 41(B)(1). NOTICE ISSUED
  31. 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
  32. USPS RECEIPT NO. 56024791 DELIVERED BY USPS 02/07/2025 AUERBACH/GARY/N PROCESSED BY COC 02/12/2025.
  33. SUMS COMPLAINT(56024791) SENT BY CERTIFIED MAIL. TO: GARY N AUERBACH 3795 WARRENDALE RD SOUTH EUCLID, OH 44118
  34. SUMS COMPLAINT(56024949) SENT BY SPECIAL PROCESS SERVER. TO: GARY N AUERBACH 3795 WARRENDALE RD SOUTH EUCLID, OH 44118
  35. SUMMONS E-FILE COPY COST
  36. WRIT FEE
  37. SUMMONS E-FILE COPY COST
  38. WRIT FEE
  39. JUDGE JOHN J RUSSO ASSIGNED (RANDOM)
  40. LEGAL RESEARCH
  41. LEGAL NEWS
  42. LEGAL AID
  43. COURT SPECIAL PROJECTS FUND
  44. COMPUTER FEE
  45. CLERK'S FEE
  46. DEPOSIT AMOUNT PAID BRITTANY FITZGIBBON

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