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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-12
Status INACTIVE
Type Tort M.v. Accident
Docket 34 entries

Parties

Plaintiff Progressive Direct Insurance Company
Defendant Smithson's Towing Inc. C/o Agent Hiram Timothy Smith
Photo of Hon. Kelly Ann Gallagher

Judge

Hon. Kelly Ann Gallagher

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(59758356) SENT BY EMAIL. TO: PATRICK O'MALLEY [email protected]
  3. JUDGMENT ENTRY(59758355) SENT BY EMAIL. TO: PATRICK O'MALLEY [email protected]
  4. JUDGMENT ENTRY(59758354) SENT BY EMAIL. TO: HERBERT L NUSSLE [email protected]
  5. THE COURT HAS BEEN ADVISED THAT THIS MATTER HAS RESOLVED. AS SUCH, IT IS REMOVED FROM THE COURT'S ACTIVE DOCKET. THIS COURT RETAINS JURISDICTION TO ENFORCE SETTLEMENT IN THIS CASE. PARTIES HAVE 30 DAYS FROM THE DATE OF THIS ENTRY TO SUPPLEMENT THE DOCKET WITH A NOTICE OF DISMISSAL WITH INSTRUCTIONS AS TO COURT COSTS. COURT COSTS ASSESSED AS DIRECTED. 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
  6. CMC BY PHONE HELD 8/27/2025. PARTIES AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE: FACT DISCOVERY CUT OFF - 11/28/2025. FINAL PRETRIAL SET FOR 03/03/2026 AT 10:00 AM. FINAL PRETRIAL TO BE HELD VIA TELEPHONE. ALL PARTIES WITH SETTLEMENT AUTHORITY ARE REQUIRED TO REMAIN AVAILABLE THROUGHOUT THE ENTIRE CONFERENCE. PARTIES TO EXCHANGE PRETRIAL STATEMENTS SUMMARIZING THE FACTUAL AND LEGAL ISSUES IN THE CASE AND DETAILING ANY SETTLEMENT NEGOTIATIONS WITHIN SEVEN (7) DAYS OF THE PRETRIAL DATE. PARTIES SHALL EMAIL THE PRETRIAL STATEMENTS TO THE COURT'S STAFF ATTORNEY AT [email protected]. PLAINTIFF'S COUNSEL TO INITIATE THE CONFERENCE CALL AND THEN CONTACT THE COURT'S STAFF ATTORNEY AT (216) 443-8609 ONCE ALL PARTIES ARE ON THE LINE. TRIAL SET FOR 03/23/2026 AT 09:00 AM. NOTICE ISSUED
  7. CMC BY PHONE HELD 7/29/2025. PARTIES WORKING TOWARD POTENTIAL RESOLUTION. MATTER IS CONTINUED AS FOLLOWS: TELEPHONE CONFERENCE SET FOR 08/27/2025 AT 11:00 AM. PLAINTIFF'S COUNSEL TO INITIATE THE CONFERENCE CALL AND THEN CONTACT THE COURT'S STAFF ATTORNEY AT (216) 443-8609 ONCE ALL PARTIES ARE ON THE LINE. NOTICE ISSUED
  8. DEFENDANT'S MOTION FOR LEAVE TO FILE ANSWER INSTANTER, FILED 06/27/2025, IS GRANTED. NOTICE ISSUED
  9. MOTION FOR LEAVE TO FILE ANSWER INSTANTER DEFENDANT'S MOTION FOR LEAVE TO FILE ANSWER INSTANTER
  10. PLAINTIFF'S MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE AND TO CONTINUE MAY 28, 2025 DEFAULT HEARING, FILED 05/21/2025, IS GRANTED IN PART. DEFAULT HEARING SET FOR 5/28/2025 IS CONTINUED. MATTER IS RESET AS FOLLOWS: STATUS CONFERENCE SET FOR 07/29/2025 AT 01:00 PM. PLAINTIFF'S COUNSEL TO INITIATE THE CALL AND CONTACT THE COURT AT 216-443-8609 ONCE ALL PARTIES ARE ON THE LINE. NOTICE ISSUED
  11. MOTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE AND TO CONTINUE MAY 28, 2025 DEFAULT HEARING
  12. DEFAULT HEARING SET FOR 05/28/2025 AT 11:45 AM. THE DOCKET REFLECTS THAT SERVICE HAS BEEN PERFECTED, BUT DEFENDANT HAS FAILED TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT IN ACCORDANCE WITH THE CIVIL RULES. THE DEFAULT HEARING SHALL BE HELD BY TELEPHONE. PLAINTIFF'S COUNSEL IS REQUIRED TO BE PRESENT BY PHONE. ALL PARTIES ARE TO CALL CONFERENCE CALL NUMBER 216-443-8609 AT THE SCHEDULED DATE AND TIME. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND UNREPRESENTED PARTIES OF THE DATE, TIME AND CONFERENCE CALL DIRECTIONS. BEFORE HEARING DATE, PLAINTIFF TO FILE MOTION, PROVIDE AN AFFIDAVIT OF DAMAGES AND MILITARY SERVICE, A PROPOSED JUDGMENT ENTRY, AND A COPY OF THE CORRESPONDENCE SENT TO DEFENDANT ADVISING OF THE DATE, TIME, AND LOCATION OF THE HEARING. NOTIFICATION SHALL BE MADE VIA CERTIFIED MAIL TO BE SENT NO LATER THAN (7) DAYS PRIOR TO HEARING DATE. FAILURE OF PLAINTIFF TO PROVIDE AFOREMENTIONED DOCUMENTS ON OR BEFORE THE HEARING DATE MAY RESULT IN A DISMISSAL WITHOUT PREJUDICE PURSUANT TO CIV. R. 41(B). THE FAILURE OF DEFENDANT(S) TO APPEAR WILL RESULT IN A DEFAULT JUDGMENT. NOTICE ISSUED
  13. SUMS COMPLAINT(56403570) SENT BY REGULAR MAIL SERVICE. TO: SMITHSON'S TOWING INC. 5323 BRAGG ROAD CLEVELAND, OH 44127 ANSWER DATE: 04/15/2025
  14. SUMMONS E-FILE COPY COST
  15. WRIT FEE
  16. REQUEST FOR SERVICE FILED SERVICE
  17. CMC BY PHONE PREVIOUSLY SET FOR 3/31/2025 IS RESET AS FOLLOWS: CMC BY PHONE SET FOR 04/22/2025 AT 11:30 AM. PLAINTIFF'S COUNSEL TO INITIATE THE CALL AND CONTACT THE COURT AT 216-443-8609 ONCE ALL PARTIES ARE ON THE LINE. NOTICE ISSUED
  18. CERTIFIED MAIL RECEIPT NO. 56140103 RETURNED 3/14/2025 FAILURE OF SERVICE ON DEFENDANT SMITHSON'S TOWING INC. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  19. CMC BY PHONE SCHEDULED FOR 03/31/2025 AT 10:30 AM IS CANCELLED.
  20. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR SMITHSON'S TOWING INC. 03/09/2025 17:02:02
  21. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR NUSSLE/HERBERT/L 03/09/2025 17:02:02
  22. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR O'MALLEY/PATRICK/ 03/09/2025 17:02:02
  23. CMC BY PHONE SET FOR 03/31/2025 AT 10:30 AM. PLAINTIFF'S COUNSEL TO INITIATE TELEPHONE CONFERENCE AND THEN CONTACT THE COURT'S STAFF ATTORNEY AT 216-443-8609 ONCE ALL PARTIES ARE ON THE LINE.
  24. SUMS COMPLAINT(56140103) SENT BY CERTIFIED MAIL. TO: SMITHSON'S TOWING INC. 5323 BRAGG ROAD CLEVELAND, OH 44127
  25. SUMMONS E-FILE COPY COST
  26. WRIT FEE
  27. JUDGE KELLY ANN GALLAGHER ASSIGNED (RANDOM)
  28. LEGAL RESEARCH
  29. LEGAL NEWS
  30. LEGAL AID
  31. COURT SPECIAL PROJECTS FUND
  32. COMPUTER FEE
  33. CLERK'S FEE
  34. DEPOSIT AMOUNT PAID PATRICK O'MALLEY

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