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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-10
Status INACTIVE
Type Tort M.v. Accident
Docket 74 entries

Parties

Plaintiff Joseph Dunikowski|Lucy Dunikowski
Defendant Angel Aguasviras|Diexiana Aguasviras|Hailey Neel|Darlene Neel|Timothy Neel
Photo of Hon. Ashley Kilbane

Judge

Hon. Ashley Kilbane

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(58648527) SENT BY EMAIL. TO: DEANNA K COLEMAN [email protected]
  3. JUDGMENT ENTRY(58648526) SENT BY EMAIL. TO: MARGO S MEOLA [email protected]
  4. JUDGMENT ENTRY(58648525) SENT BY EMAIL. TO: MARGO S MEOLA [email protected]
  5. JUDGMENT ENTRY(58648524) SENT BY EMAIL. TO: MARGO S MEOLA [email protected]
  6. JUDGMENT ENTRY(58648522) SENT BY EMAIL. TO: PAUL M FRIEDMAN [email protected]
  7. PLAINTIFF HAVING FILED A NOTICE OF DISMISSAL, CASE DISMISSED WITHOUT PREJUDICE. 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
  8. FINAL PRETRIAL SCHEDULED FOR 03/03/2026 AT 01:00 PM IS CANCELLED.
  9. TRIAL BY JURY SCHEDULED FOR 04/13/2026 AT 09:00 AM IS CANCELLED.
  10. NOTICE FILED BY PLAINTIFF(S) JOSEPH DUNIKOWSKI(P1) and LUCY DUNIKOWSKI(P2) ATTORNEY PAUL M FRIEDMAN 0009722 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
  11. MEDIATION SET FOR 12/12/2025 AT 11:00 AM. (Notice Sent).
  12. MEDIATION SCHEDULED FOR 12/01/2025 AT 11:00 AM IS CANCELLED.
  13. MEDIATION SET FOR 12/01/2025 AT 11:00 AM. (Notice Sent).
  14. DEFENDANT(S) ANGEL AGUASVIRAS(D1) AND DIEXIANA AGUASVIRAS(D2) MOTION TO COMPEL, FILED 07/21/2025, IS WITHDRAWN. NOTICE ISSUED
  15. NOTICE FILED BY DEFENDANT(S) ANGEL AGUASVIRAS(D1) and DIEXIANA AGUASVIRAS(D2) ATTORNEY MARGO S MEOLA 0065555 NOTICE OF WITHDRAWAL OF MOTION TO COMPEL
  16. BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) JOSEPH DUNIKOWSKI(P1) and LUCY DUNIKOWSKI(P2) PAUL M FRIEDMAN 0009722 BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO COMPEL
  17. CMC BY PHONE HELD ON 07/10/2025. THE PARTIES APPEARED THROUGH COUNSEL. STATUS OF THE CASE DISCUSSED AND THE FOLLOWING DEADLINES SET: FACT DISCOVERY TO BE COMPLETED BY 12/01/2025. IF A DISCOVERY DISPUTE ARISES, THE PARTIES SHALL CONFER TELEPHONICALLY OR IN-PERSON. IF AFTER A GOOD-FAITH ATTEMPT TO RESOLVE THE ISSUES A DISPUTE REMAINS, THE PARTIES SHOULD CONTACT THE COURT'S STAFF ATTORNEY BY EMAIL WITH A SUGGESTED DATE AND TIME FOR A ZOOM CONFERENCE WITH THE COURT, AND INCLUDE A BRIEF DESCRIPTION OF THE ISSUES TO BE DISCUSSED. THEREAFTER, THE COURT MAY ORDER BRIEFING. PLAINTIFF'S EXPERT REPORT DUE 12/01/2025. DEFENDANT'S EXPERT REPORT DUE 01/30/2026. FINAL PRETRIAL SET FOR 03/03/2026 AT 01:00 PM. THE COURT HOLDS FINAL PRETRIAL CONFERENCES BY ZOOM, UNLESS THE COURT ORDERS OR THE PARTIES REQUEST AN IN-PERSON FINAL PRETRIAL CONFERENCE AT LEAST TWO WEEKS IN ADVANCE. UNLESS ORDERED OTHERWISE, ONLY COUNSEL WILL BE PERMITTED ON THE ZOOM CALL WITH COURT. CLIENTS AND ADJUSTERS MUST BE READILY AVAILABLE TO COUNSEL BY PHONE. THE PARTIES SHALL EACH FILE A FINAL PRETRIAL STATEMENT SEVEN (7) DAYS BEFORE THE FINAL PRETRIAL AND SHALL INCLUDE THE FOLLOWING: - A BRIEF STATEMENT OF FACTS AND LEGAL ISSUES; - STIPULATIONS; - LIST OF WITNESSES WITH BRIEF SUMMARY OF EXPECTED TESTIMONY; - LIST OF EXHIBITS EXPECTED TO BE USED A TRIAL; - ANY ANTICIPATED UNIQUE LEGAL ISSUES; - AN ESTIMATED LENGTH OF TRIAL; - ANY CONTEMPLATED PRETRIAL MOTIONS; AND - SPECIAL EQUIPMENT OR POTENTIAL LOGISTICAL REQUESTS. THE COURT'S STAFF ATTORNEY WILL EMAIL A ZOOM LINK TO COUNSEL PRIOR TO THE FINAL PRETRIAL. JURY TRIAL SET FOR 04/13/2026 AT 09:00 AM. COUNSEL AND PRO SE PARTIES ARE DIRECTED TO SUP.R. 41 AND LOC.R. 17 REGARDING CONTINUANCE OF TRIAL. TRIAL BRIEFS DUE ONE DAY BEFORE TRIAL. DAUBERT MOTIONS CHALLENGING PURPOSED EXPERT TESTIMONY SHALL BE FILED AT LEAST FORTY-FIVE (45) DAYS BEFORE TRIAL. THE PARTY CHALLENGING THE PROPOSED EXPERT TESTIMONY SHALL FILE A COMPLETE COPY OF THE EXPERT'S REPORT(S) AND COMPLETE DEPOSITION TRANSCRIPTS, IF THE EXPERT WAS DEPOSED. MOTIONS IN LIMINE SHALL BE FILED TWENTY-ONE (21) DAYS BEFORE THE START OF TRIAL. RESPONSES DUE PURSUANT TO CIV. R. 6(C). NO REPLIES ARE PERMITTED. AFTER THE DEADLINE FOR RESPONSES, COUNSEL AND PRO SE PARTIES SHALL CONFER TO RESOLVE THE MOTIONS IN LIMINE, AND, AT LEAST (3) DAYS PRIOR TO TRIAL, THE PARTIES SHALL FILE A JOINT NOTICE INFORMING THE COURT WHICH MOTIONS IN LIMINE ARE UNOPPOSED OR RESOLVED, AND WHICH REMAIN OPPOSED. DEPOSITIONS, AUDIOVISUAL OR TRANSCRIPTS, TO BE PROFFERED AT TRIAL. ANY PARTY WISHING TO PROFFER DEPOSITION TESTIMONY AT TRIAL IN LIEU OF THE DEPONENT'S ATTENDANCE SHALL EXCHANGE SUCH DEPOSITION TESTIMONY BY COUNSEL AT LEAST THIRTY (30) DAYS IN ADVANCE OF TRIAL. THE PARTIES SHALL MEET TELEPHONICALLY OR IN PERSON TO DISCUSS ANY OBJECTIONS TO THE PROFFERED TESTIMONY. IF ANY DISPUTES RELATING TO THE TESTIMONY REMAIN AFTER THE GOOD FAITH CONFERENCE, THE PARTIES SHALL SEND HARD COPIES OF THEIR RESPECTIVE DESIGNATIONS WITH OBJECTIONS EITHER ANNOTATED IN THE MARGINS OR OUTLINED IN A SEPARATE DOCUMENT TO THE COURT'S STAFF ATTORNEY AT LEAST FOURTEEN (14) DAYS IN ADVANCE OF TRIAL. THE PARTIES MAY INCLUDE A BRIEF STATEMENT FOR CONTEXT FOR THE OBJECTIONS IF NECESSARY. JURY INSTRUCTIONS AND INTERROGATORIES. PROPOSED JURY INSTRUCTIONS AND JURY INTERROGATORIES ARE DUE SEVEN (7) DAYS BEFORE TRIAL. COUNSEL AND PRO SE PARTIES SHALL CONFER REGARDING JURY INSTRUCTIONS AND INTERROGATORIES IN ORDER TO SUBMIT A JOINT PROPOSED SET OF JURY INSTRUCTIONS AND INTERROGATORIES. IF ANY DISAGREEMENT REMAINS, THE PARTIES SHALL HIGHLIGHT DISAGREEMENTS TO THE COURT. THE PROPOSED JURY INSTRUCTIONS AND INTERROGATORIES SHALL BE SUBMITTED IN MICROSOFT WORD FORMAT TO THE COURT'S STAFF ATTORNEY. FURTHER, THE PARTIES ARE ENCOURAGED TO SUBMIT A JOINT STATEMENT OF THE CASE TO BE READ TO THE JURY. THE PARTIES SHALL ALSO SUBMIT A JOINT LIST OF POTENTIAL WITNESSES AND/OR PARTIES INVOLVED IN THE CASE FOR THE COURT TO INQUIRE FROM POTENTIAL JURORS WHETHER THEY ARE FAMILIAR WITH ANY OF THE LISTED INDIVIDUALS. COUNSEL AND PRO SE PARTIES ARE EXPECTED TO BE FAMILIAR WITH THE OHIO RULES OF CIVIL PROCEDURE, THE LOCAL RULES, THIS COURT'S STANDING CIVIL ORDER, WHICH CAN BE FOUND ON THE COURT'S WEBSITE, AND ANY OTHER ORDERS OF THIS COURT. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO TAKE PLACE IN DECEMBER 2025. NOTICE ISSUED
  18. MOTION FILED FOR DEFENDANT(S) ANGEL AGUASVIRAS(D1) and DIEXIANA AGUASVIRAS(D2) MARGO S MEOLA 0065555 MOTION TO COMPEL
  19. JUDGMENT ENTRY(57341684) SENT BY EMAIL. TO: DEANNA K COLEMAN [email protected]
  20. JUDGMENT ENTRY(57341683) SENT BY EMAIL. TO: MARGO S MEOLA [email protected]
  21. JUDGMENT ENTRY(57341682) SENT BY EMAIL. TO: MARGO S MEOLA [email protected]
  22. JUDGMENT ENTRY(57341681) SENT BY EMAIL. TO: MARGO S MEOLA [email protected]
  23. JUDGMENT ENTRY(57341680) SENT BY EMAIL. TO: PAUL M FRIEDMAN [email protected]
  24. PURSUANT TO CIV.R. 41(A) PLAINTIFF JOSEPH DUNIKOWSKI, LUCY DUNIKOWSKI HEREBY VOLUNTARILY DISMISSES ALL CLAIMS AGAINST DEFENDANT DIEXIANA AGUASVIRAS, DARLENE NEEL, TIMOTHY NEEL ONLY, WITHOUT PREJUDICE. THIS CASE REMAINS PENDING AGAINST ALL OTHER DEFENDANTS. 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
  25. NOTICE FILED BY PLAINTIFF(S) JOSEPH DUNIKOWSKI(P1) and LUCY DUNIKOWSKI(P2) ATTORNEY PAUL M FRIEDMAN 0009722 NOTICE OF VOLUTARY DISMISSAL
  26. CMC BY PHONE SET FOR 07/10/2025 AT 11:30 AM. PURSUANT TO LOCAL RULE 21, PART I, THE COURT WILL CONDUCT A CASE MANAGEMENT CONFERENCE. DISCOVERY SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL ATTENDING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER. PLAINTIFF'S COUNSEL SHALL INITIATE THE CONFERENCE CALL WITH ALL OTHER PARTIES AND CONTACT THE COURT AT THE APPOINTED TIME AT 216-443-8618. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY PROGRESS AND SCHEDULING MATTERS, ETC. COUNSEL AND UNREPRESENTED PARTIES SHALL FOLLOW THE DISCOVERY PROCEDURES OUTLINED IN CIVIL RULE 26(F) IN PREPARATION FOR THE CASE MANAGEMENT CONFERENCE. NOTICE ISSUED
  27. PLAINTIFF'S MOTION FOR EXTENSION OF TIME UNTIL 06/18/2025 TO RESPOND TO MOTION FOR SUMMARY JUDGMENT, FILED 05/17/2025, IS GRANTED. NOTICE ISSUED
  28. MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME
  29. MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT
  30. CERTIFIED MAIL NUMBER 56086882 ADDRESSED TO HAILEY NEEL(D3) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  31. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR DUNIKOWSKI/LUCY/ 04/11/2025 17:02:17
  32. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MEOLA/MARGO/S 04/11/2025 17:02:17
  33. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR COLEMAN/DEANNA/K 04/11/2025 17:02:17
  34. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR FRIEDMAN/PAUL/M 04/11/2025 17:02:17
  35. CMC BY PHONE SET FOR 06/11/2025 AT 02:15 PM. PURSUANT TO LOCAL RULE 21, PART I, THE COURT WILL CONDUCT A CASE MANAGEMENT CONFERENCE. DISCOVERY SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL ATTENDING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER . PLAINTIFF'S COUNSEL SHALL INITIATE THE CONFERENCE CALL WITH ALL OTHER PARTIES AND CONTACT THE COURT AT THE APPOINTED TIME AT 216-443-8618. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY PROGRESS AND SCHEDULING MATTERS, ETC. COUNSEL AND UNREPRESENTED PARTIES SHALL FOLLOW THE DISCOVERY PROCEDURES OUTLINED IN CIVIL RULE 26(F) IN PREPARATION FOR THE CASE MANAGEMENT CONFERENCE.
  36. USPS RECEIPT NO. 56509431 DELIVERED BY USPS 04/05/2025 NEEL/HAILEY / PROCESSED BY COC 04/09/2025.
  37. ANSWER FILED BY DEFENDANT(S) HAILEY NEEL(D3) and DARLENE NEEL(D4) ATTORNEY DEANNA K COLEMAN 0090501 ANSWER OF DEFENDANTS NEEL TO CROSS-CLAIM OF CO-DEFS AGUASVIRAS
  38. SUMS COMPLAINT(56509431) SENT BY CERTIFIED MAIL. TO: HAILEY NEEL 585 CARLIN DRIVE SAGAMORE HILLS, OH 44067
  39. SUMMONS E-FILE COPY COST
  40. WRIT FEE
  41. REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  42. ANSWER FILED BY DEFENDANT(S) ANGEL AGUASVIRAS(D1) and DIEXIANA AGUASVIRAS(D2) ATTORNEY MARGO S MEOLA 0065555 DEFENDANT ANGEL AUGASVIVAS AND DICXIANA AGUASVIVAS'S ANSWER TO CROSS CLAIM
  43. DEPOSIT AMOUNT PAID MARGO S MEOLA
  44. ANSWER AND CROSSCLAIM $75 DEFENDANT ANGEL AGUASVIVAS AND DICXIANA AGUASVIVAS' ANSWER TO COMPLAINT
  45. DEPOSIT AMOUNT PAID DEANNA K COLEMAN
  46. ANSWER AND CROSSCLAIM $75 ANSWER OF DEFENDANTS NEEL WITH CROSS-CLAIM
  47. NOTICE OF APPEARANCE, FILED DEFENDANT(S) ANGEL AGUASVIRAS(D1) and DIEXIANA AGUASVIRAS(D2) MARGO S MEOLA 0065555. NOTICE OF APPEARANCE OF COUNSEL
  48. USPS RECEIPT NO. 56086881 DELIVERED BY USPS 02/20/2025 AGUASVIRAS/DIEXIANA/ PROCESSED BY COC 02/26/2025.
  49. USPS RECEIPT NO. 56086880 DELIVERED BY USPS 02/20/2025 AGUASVIRAS/ANGEL/ PROCESSED BY COC 02/26/2025.
  50. USPS RECEIPT NO. 56086884 DELIVERED BY USPS 02/15/2025 NEEL/TIMOTHY/ PROCESSED BY COC 02/19/2025.
  51. USPS RECEIPT NO. 56086883 DELIVERED BY USPS 02/15/2025 NEEL/DARLENE / PROCESSED BY COC 02/19/2025.
  52. SUMS COMPLAINT(56086884) SENT BY CERTIFIED MAIL. TO: TIMOTHY NEEL 585 CARLIN DRIVE SAGAMORE HILLS, OH 44067
  53. SUMS COMPLAINT(56086883) SENT BY CERTIFIED MAIL. TO: DARLENE NEEL 585 CARLIN DRIVE SAGAMORE HILLS, OH 44067
  54. SUMS COMPLAINT(56086882) SENT BY CERTIFIED MAIL. TO: HAILEY NEEL 585 CARLIN DRIVE SAGAMORE HILLS, OH 44067
  55. SUMS COMPLAINT(56086881) SENT BY CERTIFIED MAIL. TO: DIEXIANA AGUASVIRAS 3337 WEST 88TH STREET #1 CLEVELAND, OH 44102
  56. SUMS COMPLAINT(56086880) SENT BY CERTIFIED MAIL. TO: ANGEL AGUASVIRAS 3337 WEST 88TH STREET #1 CLEVELAND, OH 44102
  57. SUMMONS E-FILE COPY COST
  58. SUMMONS E-FILE COPY COST
  59. SUMMONS E-FILE COPY COST
  60. SUMMONS E-FILE COPY COST
  61. SUMMONS E-FILE COPY COST
  62. WRIT FEE
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. WRIT FEE
  67. JUDGE ASHLEY KILBANE ASSIGNED (RANDOM)
  68. LEGAL RESEARCH
  69. LEGAL NEWS
  70. LEGAL AID
  71. COURT SPECIAL PROJECTS FUND
  72. COMPUTER FEE
  73. CLERK'S FEE
  74. DEPOSIT AMOUNT PAID PAUL M FRIEDMAN

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