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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-07
Status INACTIVE
Type Contract Business
Docket 101 entries

Parties

Plaintiff Fcx Performance Inc. Dba Pierce Pump Company And Eads Distribution Llc
Defendant Aurorium Llc C/o Its Statory Agent, Corporate Creations Network Inc.
Photo of Hon. NANCY MARGARET RUSSO

Judge

Hon. NANCY MARGARET RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. BRIEF IN OPPOSITION FILED BY P1 FCX PERFORMANCE INC. RYAN K. RUBIN 0077367 PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO STAY ENFORCEMENT OF THE JULY 12, 2025 JUDGMENT
  3. PLAINTIFFS RESPONSE TO MOTION OF DEFENDANT TO STAY ENFORCEMENT PENDING APPEAL DUE TO THE COURT BY 4PM ON 12/1/25. NO REPLY BRIEFS. NOTICE ISSUED
  4. MOTION FILED FOR D1 AURORIUM LLC SARAH B. LITTERAL 0102711 MOTION TO STAY ENFORCEMENT
  5. APPELLANT'S 9115420 RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE CERTIFIED COPY OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 115420.
  6. NOTICE OF APPEAL FILED NOTICE OF APPEAL
  7. -------------------- NOTICE OF APPEAL -------------------- CA NO. 115420 NOTICE OF APPEAL FILED BY THE DEFT. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  8. JUDGMENT AMT: $290,850.10 RENDERED BY: CP CUYAHOGA ORIGINATING CASE NO.: CV25111629 JUDGMENT LIEN CASE#: JL25296803 CREDITOR: FCX PERFORMANCE INC. DEBTOR: AURORIUM LLC INTEREST AT: 18% INTEREST FROM DATE: 07/30/2025 COSTS: 0.00 JUDGMENT DATE: 07/12/2025 DOCKET (JOURNAL): IMAGE PAGE: IMAGE TIME FILED: 07/24/2025 14:28:31 LIEN COST: 25 PAID BY: RYAN RUNIN SERIAL NUMBER: ACCOUNT NUMBER:
  9. DOCKET HAS BEEN UNSTRICKEN BY ORDER OF THE COURT (DOCKET 196777521 05/30/2025 MO)
  10. DOCKET HAS BEEN UNSTRICKEN BY ORDER OF THE COURT (DOCKET 196777618 05/30/2025 MO)
  11. JUDGMENT ENTRY(57516090) SENT BY EMAIL. TO: SARAH B. LITTERAL [email protected]
  12. JUDGMENT ENTRY(57516089) SENT BY EMAIL. TO: SCOTT J PULLAR [email protected]
  13. JUDGMENT ENTRY(57516088) SENT BY EMAIL. TO: RYAN K. RUBIN [email protected]
  14. JUDGMENT ENTRY(57516087) SENT BY EMAIL. TO: RYAN K. RUBIN [email protected]
  15. TO CLARIFY THE RECORD, THE COURT NOTES THAT THE CLERK OF COURTS DID NOT FOLLOW THE DIRECTIONS OF THE COURT. THE CLERK STRUCK THE MOTIONS FOR SUMMARY JUDGMENT IN THEIR ENTIRETY, AND THE DEFENDANTS BRIEF IN OPPOSITION, WHICH ALL PARTIES AND THE COURT AGREE ARE PENDING AND ALL WERE TIMELY FILED. FURTHER, THE CLERK WAS ORDERED TO STRIKE EXHIBIT 1 ONLY SO IT COULD BE FILED UNDER SEAL DUE TO A NEED TO REDACT INFORMATION ON THOSE EXHIBITS. AT NO TIME DID THIS COURT DIRECT THE CLERK TO STRIKE THE MOTIONS AND RESPONSES. THESE MOTIONS REMAIN ACTIVE IN THE CASE AND ON THE MOTION MAINTENANCE DOCKET. THE COURT HAVING REVIEWED THE PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON THEIR COMPLAINT, AND MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM OF THE DEFENDANT, AND THE BRIEFS IN OPPOSITION, ALL TIMELY FILED BY ALL PARTIES, FINDS BOTH MOTIONS OF PLAINTIFF WELL TAKEN AND FIINDS AS FOLLOWS: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT AGAINST THE DEFENDANT IS GRANTED. DEFENDANT ORDERED TO PAY THE SUM OF $290,850.10 PLUS INTEREST AT THE RATE OF 18% PER ANNUM, WITH AN ACCRUAL DATE OF JULY 30, 2023. PAYMENT DUE UPON JUDGMENT., COSTS TO DEFENDANT. COURT FURTHER FINDS THAT THE PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM OF THE DEFENDANT IS WELL-TAKEN AND FINDS FOR PLAINTIFF, DISMISSING WITH PREJUDICE THE COUNTERCLAIM. CASE IS DISMISSED WITH PREJUDICE IN ITS ENTIRETY. ANY REMAINING MOTIONS ARE MOOT. ALL COSTS TO DEFENDANT. THIS COURT RETAINS JURISDICTION OVER ALL POST-JUDGMENT MOTIONS. 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
  16. MOTION FILED FOR P1 FCX PERFORMANCE INC. RYAN K. RUBIN 0077367 PLAINTIFFS' MOTION FOR SANCTIONS AGAINST DEFENDANT
  17. MOTION FOR LEAVE TO FILE UNDISPUTED FACTS AT LATER DATE IS RESET IS GRANTED. NOTICE ISSUED
  18. DOCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 198512429 07/09/2025 MO)
  19. DOCKET HAS BEEN UNSTRICKEN BY ORDER OF THE COURT (DOCKET 198512429 07/09/2025 MO)
  20. MOTION FILED FOR P1 FCX PERFORMANCE INC. SCOTT J PULLAR 0095841 JOINT MOTION FOR LEAVE
  21. DOCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 198512429 07/09/2025 MO)
  22. MOTION IN LIMINE TO EXCLUDE PRIOR DISPUTE RESOLUTIONS AND SETTLEMENT DISCUSSIONS IS GRANTED. NOTICE ISSUED
  23. TRIAL OF JULY 15, 2025 IS CANCELLED. AS COURT ADVISED COUNSEL OF A CONFLICT INVOLVING A RESCHEDULED CIVIIL TRIAL COMMENCING JULY 14, 2025, THE COURT CANCELS THIS DATE. ATTORNEYS TO MEET AND SUGGEST 3 DATES FOR THE TRIAL, TO BE COMMENCED NO LATER THAN OCTOBER 30, 2025. COUNSEL TO CHOOSE A STARTING DAY OF EITHER A MONDAY OR TUESDAY. ONCE RECEIVED, THE COURT WILL REVIEW THE SUGGESTED DATES AND COMPARE TO ITS CURRENT TRIAL SCHEDULE. THE SUGGESTED DATES TO BE COMMUNICATED TO THE COURT BY JOINT PLEADING OR LETTER BY 4PM ON JULY 22, 2025. NOTICE ISSUED
  24. ON 7/9/25 SARAH LITERRAL ATTY FOR DEFENDANT FILED A COPY OF THE PLANITIFFS MOTIION FOR SUMMARY JUDGMENT. THIS IS AN INAPPROPRIATE FILING AND IS STRICKEN FROM THE RECORD. NOTICE ISSUED
  25. MOTION IN LIMINE TO EXCLUDE EVIDENCE REGARDING CONTRACT INTERPRETATION IS DENIED. NOTICE ISSUED
  26. THE COURT IS IN RECEIPT OF DEFENDANTS PLEADING TITLED PRETRIAL BRIEF. THE COURTS ORDER REQUIRED THE FILING OF A TRIAL BRIEF WITH SPECIFIC INFORMATION TO BE INCLUDED, I.E. WITNESS LISTS/EXHIBITS/ARGUMENT. COURT ADVISES COUNSEL TO REVIEW THE COURTS TRIAL ORDER ISSUED AT THE PT/CMC. DUE TO THE LATENESS OF THIS FILING THE COURT WILL ACCEPT THIS AND CANCEL THE SHOW CAUSE HEARING. NOTICE ISSUED
  27. HEARING SCHEDULED FOR 07/15/2025 AT 12:00 PM IS CANCELLED. JUDGE: NANCY MARGARET RUSSO (326) REASON: UNKNOWN (notice sent).
  28. TRIAL SCHEDULED FOR 07/15/2025 AT 10:00 AM IS CANCELLED. JUDGE: NANCY MARGARET RUSSO (326) REASON: UNKNOWN (notice sent).
  29. NOTICE FILED BY P1 FCX PERFORMANCE INC. ATTORNEY RYAN K. RUBIN 0077367 PLAINTIFFS' NOTICE REGARDING STIPULATION OF UNDISPUTED FACTS
  30. DOCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 196777521 05/30/2025 MO)
  31. DOCKET HAS BEEN STRICKEN BY ORDER OF THE COURT (DOCKET 196777618 05/30/2025 MO)
  32. GENERAL PLEADING FILED BY D1 AURORIUM LLC ATTORNEY SARAH B. LITTERAL 0102711 AURORIUM'S PROPOSED FINDINS OF FACT AND CONCLUSIONS OF LAW
  33. OBJECTION FILED BY D1 AURORIUM LLC ATTORNEY SARAH B. LITTERAL 0102711 AURORIUM'S RESPONSE TO SHOW CAUSE ORDER
  34. BRIEF FILED BY D1 AURORIUM LLC SARAH B. LITTERAL 0102711 AURORIUM'S PRETRIAL BRIEF
  35. NOTICE FILED BY D1 AURORIUM LLC ATTORNEY SARAH B. LITTERAL 0102711 NOTICE OF WITHDRAWAL OF JURY DEMAND
  36. HEARING SET FOR 07/15/2025 AT 12:00 PM. NOTICE ISSUED
  37. FILED UNDER SEAL PLAINTIFF'S NOTICE OF FILING EXHIBIT 1 TO MOTION FOR SUMMARY JUDGMENT
  38. DEFENDANT FAILED TO COMPLY WITH THIS COURTS APRIL 2, 2025 ORDER. DEFENDANT'S TRIAL BRIEF WAS TO BE SUBMITTED ON 07/08/2025. NOTICE ISSUED
  39. DEFENDANTS HAVE FAILED TO TIMELY FILE THEIR TRIAL BRIEF. THE COURT SETS A SHOW CAUSE HEARING FOR 7/15/25 AT NOON FOR COUNSEL TO SHOW CAUSE WHY EACH/BOTH SHOULD NOT BE HELD IN CONTEMPT FOR THEIR FAILURE TO COMPLY WITH THE TRIAL ORDERS . CONTEMPT IS PUNISHABLE BY JAIL/FINE OR BOTH. COUNSEL FOR DEFENDANT TO BE PERSONALLY PRESENT. THE COURT HAS CALLED BOTH COUNSEL AND THEIR OFFICES AND LEFT MESSAGES FOR ATTYS. NOTICE ISSUED
  40. FINAL PRETRIAL HEARING HELD 07/08/2025. PARTIES APPEAR THROUGH COUNSEL. CASE DID NOT SETTLE. ALL DATES AND ORDERS REMAIN IN EFFECT. NOTICE ISSUED
  41. COURT IS IN RECEIPT OF THE PLAINTIFF'S TRIAL BRIEF WHICH WAS SUBMITTED TIMELY. NOTICE ISSUED
  42. NOTICE FILED BY P1 FCX PERFORMANCE INC. ATTORNEY RYAN K. RUBIN 0077367 NOTICE OF FILING PLAINTIFFS' PROPOSED JURY INSTRUCTIONS, VERDICT FORMS AND JURY INTERROGATORIES
  43. GENERAL PLEADING FILED BY P1 FCX PERFORMANCE INC. ATTORNEY RYAN K. RUBIN 0077367 PLAINTIFFS' TRIAL BRIEF
  44. PLAINTIFFS MOTION TO REFILE MOTIONS FOR SUMMARYJUDGMENT FILED ON 5/30/25 WITH THE FILING OF EXHIBIT 1 UNDER SEAL (HAVING BEEN STRICKEN FROM THE RECORD BY THE PRIOR JE) IS GRANTED. PLAINTIFF DIRECTED TO EFILE THE MOTIONS FOR SUMMARY JUDGMENT IS GRANTED AND AS THESE MOTIONS ARE IDENTICAL TO THAT PREVIOUSLY FILE WITH THE EXCEPTION OF THE SEALING OF EXHIBIT 1 TO EACH PLEADING, THEY ARE DEEMED FILED ON 5/30/25. NOTICE ISSUED
  45. PLAINTIFFS MOTION TO STRIKE THE PLEADING/EXHIBIT 1 FROM MOTION FOR SUMMARY JUDGMENT AND MOTION FOR SUMMARY JUDGMENT ON DEFENDANTS COUNTERCLAIM IS GRANTED. THE CLERK IS ORDERED TO STRIKE THESE PLEADINGS. NOTICE ISSUED
  46. MOTION FILED FOR P1 FCX PERFORMANCE INC. RYAN K. RUBIN 0077367 PLAINTIFFS' MOTION TO STRIKE AND SUBSTITUTE EXHIBIT
  47. MOTION FILED FOR P1 FCX PERFORMANCE INC. RYAN K. RUBIN 0077367 PLAINTIFFS' MOTION FOR LEAVE TO FILE EXHIBIT 1 TO SUMMARY JUDGMENT MOTIONS UNDER SEAL
  48. MOTION FOR DARREN CRAIG TO APPEAR PRO HAC VICE IS GRANTED. NOTICE ISSUED
  49. DEFENDANTS MOTION TO AMEND THE ANSWER AND COUNTERCLAIM IS DENIED. NOTICE ISSUED
  50. BRIEF IN OPPOSITION FILED BY P1 FCX PERFORMANCE INC. RYAN K. RUBIN 0077367 PLAINTIFFS' BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO AMEND
  51. BRIEF IN OPPOSITION FILED BY D1 AURORIUM LLC SARAH B. LITTERAL 0102711 AURORIUM'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT
  52. COURT IS IN RECEIPT OF THE DEFENDANT'S FINAL PRETRIAL LETTER WHICH WAS SUBMITTED TIMELY. NOTICE ISSUED
  53. GENERAL PLEADING FILED BY D1 AURORIUM LLC ATTORNEY SARAH B. LITTERAL 0102711 AURORIUM'S PRETRIAL STATEMENT
  54. MOTION FILED FOR D1 AURORIUM LLC SARAH B. LITTERAL 0102711 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE - DARREN A. CRAIG
  55. MOTION FILED FOR D1 AURORIUM LLC SARAH B. LITTERAL 0102711 AURORIUM'S MOTION TO AMEND
  56. BRIEF IN OPPOSITION FILED BY D1 AURORIUM LLC SARAH B. LITTERAL 0102711 AURORIUM'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTIONS IN LIMINE
  57. COURT IN RECIEPT OF PLAINTIFF'S FINAL PRETRIAL LETTER WHICH WAS SUBMITTED TIMELY. NOTICE ISSUED
  58. NOTICE FILED BY P1 FCX PERFORMANCE INC. ATTORNEY SCOTT J PULLAR 0095841 NOTICE OF WITHDRAWAL OF JURY DEMAND
  59. DEFENDANTS MOTION FOR REMOTE/PHONE APPEARANCE OF DEFENDANT/REP AT FINAL PRETRIAL IS DENIED. ALL CLIENTS, COUNSEL AND THOSE WITH AUTHORITY TO BE PERSONALLY PRESENT. PER TRIAL ORDERS, FAILURE TO APPEAR MAY RESULT IN SANCTIONS. PER TRIAL ORDER THESE APPEARANCES ARE ALL ALSO REQUIRED 1/2 HOUR BEFORE SET TRIAL TIME ON TRIAL DATE. NOTICE ISSUED
  60. MOTION FILED FOR D1 AURORIUM LLC SARAH B. LITTERAL 0102711 MOTION TO APPEAR AT FINAL PRETRIAL CONFERENCE REMOTELY
  61. ALL RESPONSES TO MOTIONS IN LIMINE DUE ON OR BEFORE 4PM ON 6/26/25. NO REPLY BRIEFS. NOTICE ISSUED
  62. MOTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EXTRINSIC EVIDENCE RELATED TO THE SUPPLY AGREEMENT
  63. MOTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE ARGUMENT THAT THE SUPPLY AGREEMENT DOES NOT GOVERN DEFENDANT'S PURCHASES FROM PLAINTIFFS
  64. MOTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE REGARDING CONTRACT INTERPRETATION
  65. MOTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE AND TESTIMONY THAT DEFENDANT IS ENTITLED TO DAMAGES
  66. MOTION IN LIMINE PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF PRIOR DISPUTE RESOLUTIONS AND SETTLEMENTS
  67. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S COUNTERCLAIM
  68. MOTION FOR SUMMARY JUDGMENT FILED PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON THEIR COMPLAINT
  69. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFNDANT'S COUNTERCLAIM MOTION RYAN K. RUBIN (0077367)
  70. NOTICE FILED BY P1 FCX PERFORMANCE INC. ATTORNEY RYAN K. RUBIN 0077367 PLAINTIFFS' NOTICE OF COMPLIANCE
  71. MOTION TO EXTEND DEADLINES IS DENIED. DEFENDANT STATES PLAINTIFF HAS FAILED TO TIMELY RESPOND TO DISCOVERY. PARTIES CANNOT AGREE TO EXTEND RESPONSE TIMES. PLAINTIFFS RESPONSES WERE DUE ON OR BEFORE 5/20/25. PLAINTIFF IS ORDERED TO RESPOND TO ALL OUTSTANDING DISCOVERY REQUESTS BY 4PM ON 6/3/25. DEFENDANT TO CONTACT THE COURT BY FAX OR PHONE AND ADVISE OF COMPLIANCE OR NONCOMPLIANCE WITH THIS ORDER. FAILURE TO COMPLY MAY RESULT IN SANCTIONS INCLUDING CONTEMPT/DISMISSAL. NOTICE ISSUED
  72. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME
  73. ANSWER FILED BY P1 FCX PERFORMANCE INC. ATTORNEY SCOTT J PULLAR 0095841 PLAINTIFFS' ANSWER TO COUNTERCLAIM
  74. GENERAL PLEADING FILED BY P1 FCX PERFORMANCE INC. ATTORNEY SCOTT J PULLAR 0095841 PLAINTIFFS' JURY DEMAND
  75. CMC BY PHONE HELD 4/1/25. PARTIES APPEAR THROUGH COUNSEL. TRIAL ORDERS ISSUED. OSJ NOTICE ISSUED
  76. TRIAL SET FOR 07/15/2025 AT 10:00 AM. NOTICE ISSUED
  77. FINAL PRETRIAL SET FOR 07/08/2025 AT 02:00 PM. NOTICE ISSUED
  78. COURT GRANTS LEAVE FOR THE FILING OF DISPOSITIVE MOTIONS. ANY MSJ DUE BY 5/30/2025. ANY BRIEF IN OPPOSITION DUE BY 7/3/2025. NO REPLY BRIEFS. NOTICE ISSUED
  79. I. STANDING ORDERS FOR CASE MANAGEMENT AND SCHEDULED DATES: COUNSEL ARE ADVISED AND NOTIFIED THAT THE FOLLOWING STANDING ORDERS SHALL BE IN EFFECT AND ARE BINDING UPON ALL COUNSEL, PARTIES, AND REPRESENTATIVES APPEARING IN MATTERS PENDING BEFORE THE HONORABLE NANCY MARGARET RUSSO. PT/CMC HELD. ALL NONEXPERT DISCOVERY TO BE COMPLETED ON OR BEFORE 04/28/2025 COURT GRANTS LEAVE FOR THE FILING OF DISPOSITIVE MOTIONS. ANY MSJ DUE BY 05/30/2025. ANY BRIEF IN OPPOSITION DUE BY 07/3/2025. NO REPLY BRIEFS. FINAL PRE-TRIAL SET 07/8/2025 AT 2:00 PM. TRIAL SET 07/15/2025 AT 10:00 AM. IN AN EFFORT TO EXTEND COURTESY TO ALL PARTIES AND TO ENSURE THE EFFICIENT ADMINISTRATION OF CASES, THE COURT ORDERS THAT: 1. ATTENDANCE AT SETTLEMENT CONFERENCES AND FINAL PRETRIALS: IN THE ABSENCE OF PRIOR COURT APPROVAL, THE FOLLOWING PERSONS MUST BE PERSONALLY PRESENT WITH FULL SETTLEMENT AUTHORITY AT THE SETTLEMENT CONFERENCE, FINAL PRETRIAL AND ONE-HALF HOUR BEFORE THE TRIAL FOR A FINAL SETTLEMENT CONFERENCE: ALL COUNSEL OF RECORD, ALL NAMED PARTIES AND INSUREDS, ADJUSTORS AND REPRESENTATIVES. IF A PARTY IS A CORPORATION OR GOVERNMENTAL ENTITY, THE REPRESENTATIVE OF THAT CORPORATION OR ENTITY (OTHER THAN COUNSEL OF RECORD) WITH FULL SETTLEMENT AUTHORITY (AUTHORITY TO SETTLE UP TO THE DEMAND SUBMITTED BY THE PLAINTIFF IN HIS/HER DEMAND LETTER; FOR A DESCRIPTION OF DEMAND LETTERS, SEE STANDING ORDERS FOR FINAL PRETRIALS BELOW). IF ANY PARTY REQUIRES APPROVAL BY AN INSURER OR ANOTHER TO SETTLE, THEN THE REPRESENTATIVE OF THE INSURER, OR THE PERSON WHOSE APPROVAL IS NEEDED, MUST APPEAR, WITH FULL SETTLEMENT AUTHORITY. NAMED INSUREDS MUST BE PRESENT, REGARDLESS OF ANY POLICY LANGUAGE THAT STATES THEIR APPROVAL IS NOT NECESSARY. FAILURE TO COMPLY WILL RESULT IN DISMISSAL, JUDGMENT OR SANCTIONS DEEMED APPROPRIATE BY THE COURT. SEE REPP V. HORTON (1974), 44 OHIO APP. 2D 63; SEE ALSO LOCAL RULE 21, GENERAL DIVISION, CUYAHOGA COUNTY COURT OF COMMON PLEAS. THE COURT WILL CONSIDER REQUESTS FOR TELEPHONIC APPEARANCE ONLY UPON RECEIPT OF A WRITTEN MOTION. ANY SUCH MOTION MUST BE FILED, SUPPORTED BY GOOD CAUSE SHOWN, AND DELIVERED TO THE COURT AND OPPOSING COUNSEL NO LESS THAN 14 DAYS BEFORE THE SCHEDULED EVENT. 2. PRESENCE AT TRIAL: ALL NAMED PARTIES AND COUNSEL OF RECORD MUST BE PERSONALLY PRESENT FOR AND THROUGHOUT TRIAL UNLESS THE COURT HAS GRANTED A WRITTEN MOTION REQUESTING THE NONAPPEARANCE OF ANY COUNSEL OR PARTY. ANY SUCH MOTION MUST BE FILED, SUPPORTED BY GOOD CAUSE SHOWN, AND DELIVERED TO THE COURT AND OPPOSING COUNSEL NO LESS THAN 14 DAYS BEFORE THE SCHEDULED TRIAL DATE. DELIVERY TO THE COURT AND OPPOSING COUNSEL MAY BE MADE BY FAX. ADDITIONALLY, THE COURT WILL CONDUCT A SETTLEMENT CONFERENCE ONE-HALF HOUR BEFORE TRIAL. ALL PARTIES, COUNSEL, NAMED INSUREDS, ADJUSTORS, AND REPRESENTATIVES ARE TO BE PERSONALLY PRESENT WITH FULL SETTLEMENT AUTHORITY. 3. COMPLIANCE WITH SCHEDULED DEADLINES AND DATES: DATES FOR A SETTLEMENT CONFERENCE, FINAL PRETRIAL, TRIAL, NONEXPERT AND EXPERT DISCOVERY DEADLINES ARE SET AT THE PT/CMC, WITH ALL COUNSEL PRESENT. COUNSEL MAY NOT STIPULATE TO ALTER ANY DEADLINE OR DATE SET BY THE COURT. 4. REQUESTS FOR EXTENSION/CONTINUANCE: ANY REQUEST FOR CONTINUANCE OF ANY MATTER, INCLUDING ANY SCHEDULED PRETRIAL, SETTLEMENT CONFERENCE, FINAL PRETRIAL AND/OR TRIAL MUST BE MADE BY MOTION, SUPPORTED BY GOOD CAUSE SHOWN, AND FILED AND DELIVERED TO THE COURT AND OPPOSING COUNSEL NO LESS THAN 14 DAYS BEFORE THE SCHEDULED EVENT. COUNSEL MAY PERFECT THIS SERVICE BY FAXING A TIME-STAMPED COPY OF THE MOTION TO THE COURT (216-348-4036) AND OPPOSING COUNSEL ON THE DATE OF FILING. ANY REQUEST FOR CONTINUANCE OF TRIAL MUST BE SIGNED BY THE CLIENT, COMPLY WITH LOCAL RULE 17 AND CONTAIN A COPY OF THE POSTCARD OR DOCKET SETTING ANY PREVIOUSLY SCHEDULED TRIAL DATE. NO CONTINUANCE CAN BE CONSIDERED WITHOUT THIS INFORMATION. REQUESTS FOR A DISCOVERY EXTENSION, REQUESTS FOR A CONTINUANCE OF A SETTLEMENT CONFERENCE OR FINAL PRETRIAL, OR TO EXCUSE ANY PERSON FROM ATTENDING A SETTLEMENT CONFERENCE, FINAL PRETRIAL OR TRIAL, MUST BE MADE BY MOTION, NO LESS THAN 14 DAYS BEFORE THE DISCOVERY CUTOFF, SETTLEMENT CONFERENCE, FINAL PRETRIAL OR TRIAL. THE COURT WILL ENTERTAIN ORAL MOTIONS FOR CONTINUANCES, ACCELERATIONS OR EXTENSIONS, ONLY IN MATTERS OF EMERGENCY OR UNUSUAL SITUATIONS. 5. ABSENT AN EMERGENCY OR UNUSUAL SITUATION, THE COURT WILL NOT ENTERTAIN MOTIONS TO CONTINUE OR EXCUSE APPEARANCE NOT MADE IN ACCORDANCE WITH THIS ORDER. 6. ABSENT A RULING ON ANY PENDING MOTION, ALL DATES AND ORDERS REMAIN AS SET. 7. STIPULATIONS: CONSISTENT WITH THE PROVISIONS OF THE CIVIL RULES AND LOCAL RULE 8(C), THIS COURT WILL NOT CONSIDER OR SIGN STIPULATIONS FOR LEAVE TO PLEAD FOR ANY MATTER, OTHER THAN FOR AN INITIAL LEAVE TO RESPOND TO A COMPLAINT OR COUNTERCLAIM. 8. PROTECTIVE ORDERS/MOTIONS TO QUASH: CONSISTENT WITH THE PROVISIONS OF CIVIL RULE 26(C), ANY COUNSEL SEEKING A PROTECTIVE ORDER MUST FIRST MAKE A REASONABLE EFFORT TO RESOLVE THE MATTER WITH THE ATTORNEY OR UNREPRESENTED PARTY SEEKING DISCOVERY. ANY MOTION FOR PROTECTIVE ORDER MUST ALSO CONTAIN A STATEMENT RECITING THE EFFORTS MADE TO RESOLVE THE MATTER. FURTHER, WRITTEN MOTIONS FOR PROTECTIVE ORDERS AND/OR MOTIONS TO QUASH MUST BE TIMELY FILED AND COURTESY COPIES HAND-DELIVERED OR FAXED TO THE COURT AND OPPOSING COUNSEL DURING NORMAL WORKING HOURS, ON THE DAY OF FILING. FAILURE TO FULLY COMPLY MAY RESULT IN A DENIAL OF A MOTION AND/OR SANCTIONS, WHERE DEEMED APPROPRIATE BY THE COURT. THE COURT WILL ENDEAVOR TO CONDUCT A PRETRIAL TO RESOLVE THE MATTER, WITHIN 48 HOURS OF RECEIPT. 9. COURTESY COPIES: COURTESY COPIES OF ALL PLEADINGS AND MOTIONS MUST BE DELIVERED TO THE OFFICE OF JUDGE NANCY MARGARET RUSSO, ON THE DATE OF FILING. THE COURT DOES NOT REQUIRE COPIES OF PAPER DISCOVERY REQUESTS OR RESPONSES. NO REPLY BRIEFS ARE TO BE FILED ABSENT EXPRESS LEAVE OF THE COURT. THE COURT WILL STRIKE ANY REPLY BRIEFS FILED WITHOUT LEAVE. 10. FAX NUMBERS: THIS COURT REGULARLY FAXES ORDERS AND DECISIONS, IN ORDER TO TIMELY INFORM COUNSEL OF MATTERS PERTAINING TO THE CASE. THEREFORE, COUNSEL ARE REQUESTED TO PROVIDE THIS COURT WITH THEIR FAX NUMBERS, BY PLACING SAME ON PLEADINGS FILED WITH JUDGE NANCY MARGARET RUSSO. THE COURT'S FAX NUMBER IS 216-348-4036. THIS COURT RETAINS JURISDICTION OVER ALL POST-JUDGMENT MOTIONS, INCLUDING, BUT NOT LIMITED TO, MOTIONS TO ENFORCE SETTLEMENT, MOTIONS TO VACATE, MOTIONS TO COMPEL, MOTIONS FOR COSTS OR ATTORNEY FEES, AND/OR MOTIONS FOR SANCTIONS. II. STANDING ORDERS FOR FINAL PRETRIALS: 1) EXCHANGE OF DEMAND AND OFFER: CONSIDERATION OF SETTLEMENT IS A SERIOUS MATTER, WHICH WARRANTS THOROUGH PREPARATION. THE FINAL PRETRIAL IS MOST LIKELY TO BE PRODUCTIVE IF THE PARTIES HAVE CLEARLY COMMUNICATED THEIR SETTLEMENT POSITIONS. THEREFORE, PLAINTIFF'S COUNSEL IS ORDERED TO SERVE UPON DEFENDANT(S) COUNSEL, AND THE COURT VIA FAX AT (216) 348-4036, ON OR BEFORE 06/24/2025, A LETTER WHICH CONTAINS THE FOLLOWING: A) A BRIEF SUMMARY OF THE EVIDENCE AND LEGAL PRINCIPLES WHICH THE PLAINTIFF(S) ASSERTS SUPPORTS THE LIABILITY OF THE DEFENDANT(S); B) A BRIEF EXPLANATION OF WHY PLAINTIFF WILL PREVAIL AT TRIAL, AND WHY DAMAGES OR OTHER RELIEF WILL BE AWARDED AT THE CONCLUSION OF TRIAL; C) THE SETTLEMENT DEMAND; AND D) A BRIEF EXPLANATION OF THE RATIONALE BEHIND THE DEMAND; INCLUDING AN ITEMIZATION OF DAMAGES. DEFENDANT(S) COUNSEL IS ORDERED TO SERVE UPON PLAINTIFF(S) COUNSEL, AND THE COURT VIA FAX AT (216) 348-4036, ON OR BEFORE 7/1/2025, A RESPONSIVE LETTER WHICH STATES THE FOLLOWING: A) ANY POINTS IN PLAINTIFF(S) LETTER, WITH WHICH THE DEFENDANT(S) AGREE; B) ANY POINTS IN PLAINTIFF(S) LETTER, WITH WHICH THE DEFENDANT(S) DISAGREE; C) A SETTLEMENT OFFER; AND D) A BRIEF EXPLANATION OF THE RATIONALE BEHIND THE OFFER INCLUDING AN ITEMIZATION FOR EACH COMPONENT OF DAMAGES IDENTIFIED BY THE PLAINTIFF. COPIES OF THESE LETTERS ARE NOT TO BE FILED WITH THE CLERK, AS THEY ARE TO BE USED SOLELY TO FACILITATE DISCUSSION AND RESOLUTION OF THE CASE. THE LETTERS ARE INADMISSIBLE AT TRIAL. 2) PROCEDURE: THE COURT EXPECTS THE ATTORNEYS, PARTIES, ADJUSTORS, AND PARTY REPRESENTATIVES TO BE FULLY PREPARED TO PARTICIPATE IN FINAL PRETRIAL DISCUSSIONS. THE COURT ENCOURAGES ALL PARTIES TO FAIRLY ASSESS THEIR POSITIONS AND EXPLORE CREATIVE MEANS FOR RESOLVING THE CASE. 3) STATEMENTS INADMISSIBLE: THE WRITTEN EXCHANGES, DEMANDS AND OFFERS REQUIRED BY THIS ORDER, AND ANY STATEMENTS MADE BY ANY PERSON DURING SETTLEMENT DISCUSSIONS OR THE FINAL PRETRIAL, ARE NOT ADMISSIBLE AT TRIAL. THE COURT EXPECTS ALL PERSONS TO ADDRESS EACH OTHER WITH COURTESY AND RESPECT, AND ALSO ENCOURAGES A FRANK AND HONEST DISCUSSION OF THE CASE, WITH A GOAL TOWARDS RESOLUTION. 4) ISSUES FOR DISCUSSION AT THE FINAL PRETRIAL: ALL PARTIES, REPRESENTATIVES AND COUNSEL MUST BE PREPARED TO DISCUSS: A) EACH PARTY'S OBJECTIVES IN THE LITIGATION; B) THE ISSUES REQUIRING RESOLUTION; C) THE STRENGTHS/WEAKNESSES OF EACH PARTY'S RESPECTIVE POSITIONS; D) THE POINTS OF AGREEMENT/DISAGREEMENT AMONG THE PARTIES; BOTH FACTUAL AND/OR LEGAL; E) IMPEDIMENTS TO SETTLEMENT; AND F) POSSIBLE SOLUTIONS FOR RESOLUTION OF THE CASE. COUNSEL HAVE BEEN PROVIDED A COPY OF THIS ORDER AND ARE DIRECTED TO PROVIDE COPIES AND DISCUSS SAME WITH THEIR CLIENTS. THE COURT REQUIRES A COURTESY COPY OF ALL PLEADINGS BE DELIVERED TO CHAMBERS IN 18C ON THE DATE OF FILING; THE USE OF E-FILING DOES NOT SUPERSEDE THE STANDING ORDERS OF THE COURT; FAILURE TO COMPLY WITH ANY PORTION OF THE STANDING ORDERS MAY RESULT IN A DWOP. NOTICE ISSUED
  80. PARTIES NOTIFIED THE COURT SETS ALL DATES AT THE PT/CMC. TRIAL ORDERS WILL BE ISSUED. NOTICE ISSUED
  81. GENERAL PLEADING FILED BY P1 FCX PERFORMANCE INC. ATTORNEY SCOTT J PULLAR 0095841 JOINT REPORT PURSUANT TO CIV. R. 26(F)
  82. DEPOSIT AMOUNT PAID FROST BROWN TODD LLC
  83. ANSWER AND COUNTERCLAIM $75 FCS PERFORMANCE V. AURORIUM - ANSWER AND COUNTERCLAIM
  84. STIPULATION FOR LEAVE TO PLEAD ACCEPTED TO 4PM ON 3/31/25 ONLY. NO FURTHER EXTENSIONS. PT/CMCP TO PROCEED AS ORDERED. NOTICE ISSUED
  85. DEFAULT HEARING SCHEDULED FOR 04/01/2025 AT 01:00 PM IS CANCELLED. JUDGE: NANCY MARGARET RUSSO (326) REASON: SET IN ERROR (notice sent).
  86. DEFAULT HEARING SET FOR 04/01/2025 AT 01:00 PM. (Notice Sent).
  87. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO MOVE OR PLEAD IN RESPONSE TO COMPLAINT
  88. CMC BY PHONE SET FOR 04/01/2025 AT 01:45 PM THIS CASE IS SET FOR A PRETRIAL/CASE MANAGEMENT CONFERENCE. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE PRESENT AND TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL ARE ALSO REQUIRED TO BE PRESENT. FAILURE OF ANY PARTY'S COUNSEL OR PRO SE PARTY TO APPEAR AT ANY SCHEDULED EVENT DURING THE PENDENCY OF THIS CASE MAY RESULT IN DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND/OR JUDGMENT BEING RENDERED. IF A CONTINUANCE IS SOUGHT FOR ANY REASON, THE APPROPRIATE MOTION MUST BE FILED NO LESS THAN 7 DAYS BEFORE THE SCHEDULED EVENT, AND THE COURT PROVIDED WITH A COURTESY COPY ON THE DATE OF FILING. DO NOT CALL THE COURT TO REQUEST A CONTINUANCE. NO CONSIDERATION WILL BE GIVEN TO REQUESTS NOT MADE IN WRITING, DOCKETED AND WITHIN THE TIMEFRAME ABOVE, ABSENT AN EMERGENCY. THE COURT REQUIRES A COURTESY COPY OF ALL PLEADINGS IN EXCESS OF 5 PAGES, TO BE MAILED OR HAND-DELIVERED TO THE COURT. E-FILING DOES NOT CONSTITUTE A COURTESY COPY. PLEADINGS OF 5 PAGES OR LESS THAT ARE E-FILED DO NOT NEED TO BE DELIVERED TO THE COURT. PARTIES WISHING TO PERFECT SERVICE BY SPECIAL PROCESS SERVER IN ANY GIVEN CASE MUST FIRST FILE A SEPARATE MOTION TO APPOINT A SPECIAL PROCESS SERVER DIRECTLY WITH JUDGE NANCY MARGARET RUSSO. FAILURE TO OBTAIN THE EXPRESS PERMISSION OF JUDGE NANCY MARGARET RUSSO BEFORE ATTEMPTING SERVICE BY SPECIAL PROCESS SERVER MAY RESULT IN THE COURT STRIKING SUCH SERVICE ATTEMPTS. MOTIONS TO APPOINT SPECIAL PROCESS SERVERS MUST HAVE A PROPOSED ORDER ATTACHED TO THE MOTION FOR THE COURT'S REVIEW AND SIGNATURE. (THE PROPOSED ORDER MAY ALSO BE SENT ADDITIONALLY AS A WORD DOCUMENT). THE CASE MANAGEMENT CONFERENCE WILL BE HELD BY PHONE UNLESS OTHERWISE DOCKETED. THE PARTIES ARE REQUIRED TO CALL THE CONFERENCE LINE AT THE SCHEDULED TIME. 1-978-990-5000 - ACCESS CODE 728961#. FAILURE TO COMPLY WITH ANY PORTION OF THE COURT'S STANDING ORDERS, INCLUDING THIS ORDER, MAY RESULT IN A DISMISSAL WITHOUT PREJUDICE, JUDGMENT OR OTHER SANCTIONS. PARTIES ARE TO ABIDE BY THE COURT'S STANDING ORDERS CONTAINED HEREIN AND LOCATED AT: HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-NANCY-MARGARET-RUSSO NOTICE ISSUED
  89. USPS RECEIPT NO. 56078898 DELIVERED BY USPS 02/24/2025 AURORIUM LLC PROCESSED BY COC 03/05/2025.
  90. SUMS COMPLAINT(56078898) SENT BY CERTIFIED MAIL. TO: AURORIUM LLC 119 E COURT ST CINCINNATI, OH 45202
  91. SUMMONS E-FILE COPY COST
  92. WRIT FEE
  93. NOTICE OF APPEARANCE, FILED P1 FCX PERFORMANCE INC. SCOTT J PULLAR 0095841. NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL
  94. JUDGE NANCY MARGARET RUSSO ASSIGNED (RANDOM)
  95. LEGAL RESEARCH
  96. LEGAL NEWS
  97. LEGAL AID
  98. COURT SPECIAL PROJECTS FUND
  99. COMPUTER FEE
  100. CLERK'S FEE
  101. DEPOSIT AMOUNT PAID RYAN K. RUBIN

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