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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-14
Status INACTIVE
Type Complex Litigation
Docket 60 entries

Parties

Plaintiff Progressive Specialty Ins. Co.
Defendant I. Schumann & Co., Llc C/o Michael A. Schumann, Statutory Agent|Forest City Erectors, Inc. C/o James Mirgliotta, Statutory Agent|Delta Cooling Towers, Inc.|R And T Sheet Metal Fabricators, Inc. C/o Richard Pizem, Statutory Agent|Kroff, Inc. C/o Ct Corporation System, Statutory Agent
Photo of Hon. Jennifer O'donnell

Judge

Hon. Jennifer O'donnell

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. BASED UPON THE SUPREME COURT OF OHIO, OFFICE OF COURT SERVICES, CASE MANAGEMENT SECTION'S INSTRUCTIONS (HTTPS://WWW.SUPREMECOURT.OHIO.GOV/DOCS/JCS/CASEMNG/STATISTICALREPORTING/FORMAINSTRUCT.PDF), WHEN A COURT CONSOLIDATES TWO OR MORE CASES, THE SURVIVING CASE SHALL BE THE EARLIEST FILED CASE AND THE OTHER CASES SHALL BE TERMINATED. THE WITHIN ACTION CURRENTLY CONTAINS 12 SEPARATELY FILED CASES AND HAS BEEN DESIGNATED AS COMPLEX LITIGATION. TO CREATE A MORE EFFICIENT FILING AND NOTICE PROCESS AS WELL AS TO REDUCE UNNECESSARY COURT COSTS, THE CLERK OF COURTS IS TO ADD ALL OF THE PARTIES AND ANY RESPECTIVE COUNSEL FROM THE 11 SUBSEQUENT CASES (CASE NOS. 994845, 102974, 103502, 109789, 110492, 111434, 111645, 111659, 112125, 112145, & 112321) TO THE FIRST FILED CASE (CASE NO. 994443, MULLINS) IF NOT ALREADY INCLUDED THEREIN. THE SUBSEQUENT 11 CASES WILL THEN BE CLOSED FOR STATISTICAL REPORTING PURPOSES ONLY, AS AN "OTHER TERMINATION". THE CLERK IS TO STAY ANY COLLECTION OF COSTS ON THE SUBSEQUENT 11 CASES UNTIL FINAL ENTRY OF JUDGMENT IS MADE IN THE FIRST FILED CASE (CASE NO. 994443, MULLINS). GOING FORWARD, PARTIES AND COUNSEL ARE DIRECTED TO INCLUDE CASE INFORMATION FOR BOTH THE MULLINS CASE AND ANY OTHER RELEVANT CASE(S) FOR WHICH THE FILING RELATES, IN THE HEADER OF THE FILING, BUT ARE ONLY TO FILE THE DOCUMENT IN THE FIRST FILED CASE NUMBER (CASE NO. 994443, MULLINS). NOTICE ISSUED
  3. NOTICE OF APPEARANCE, FILED . HERBERT L NUSSLE (0063551).
  4. PLAINTIFF TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA'S MOTION FOR PRO HAC VICE ADMISSION, FILED 04/02/2025, IS GRANTED. THE CLERK OF COURTS IS TO ADD THE FOLLOWING ATTORNEYS AS CO-COUNSEL OF RECORD FOR PLAINTIFF TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (IN CASE NO. 111659): JONATHAN B. ACKLEN LAW OFFICES OF ROBERT A. STUTMAN, P.C. 275 COMMERCE DRIVE, SUITE 110 FORT WASHINGTON, PA 19034 215-283-1177 (PHONE) 215-283-1188 (FAX) [email protected] DANIEL HOGAN LAW OFFICES OF ROBERT A. STUTMAN, P.C. 275 COMMERCE DRIVE, SUITE 110 FORT WASHINGTON, PA 19034 215-283-1177 (PHONE) 215-283-1188 (FAX) [email protected] MOTION FILED FOR P1 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA BRIAN A COOK 0058761 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE, FILED 04/02/2025, IS GRANTED. NOTICE ISSUED
  5. DEFENDANT FOREST CITY ERECTORS INC.'S UNOPPOSED MOTION FOR 28-DAY EXTENSION OF TIME UNTIL MAY 14, 2025 TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF'S TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA'S COMPLAINT (CASE NO. 111659), FILED 04/09/2025, IS GRANTED. NOTICE ISSUED
  6. THE FOLLOWING CASE MANAGEMENT DATES ARE ORDERED: DEADLINE FOR INITIAL DISCLOSURES: 14 DAYS FROM THE DATE OF THIS ORDER DEADLINE TO COMPLETE INSPECTIONS: AUGUST 30, 2025 TELEPHONE STATUS CONFERENCE SET FOR SEPTEMBER 4, 2025 AT 1:00PM TO DISCUSS A POSSIBLE MEDIATION. COUNSEL SHALL CALL INTO THE COURT'S CONFERENCE LINE AT (720) 527-5800 AND USE ACCESS CODE: 1793915. FACT DISCOVERY DEADLINE: APRIL 30, 2026 EXPERT REPORT DEADLINE FOR PARTIES WITH BURDEN OF PROOF: MAY 29, 2026 TELEPHONE STATUS CONFERENCE SET FOR JUNE 4, 2026 AT 10:00AM. COUNSEL SHALL CALL INTO THE COURT'S CONFERENCE LINE AT (720) 527-5800 AND USE ACCESS CODE: 1793915. EXPERT REPORT DEADLINE FOR PARTIES WITHOUT BURDEN OF PROOF: AUGUST 28, 2026 REBUTTAL EXPERT REPORT DEADLINE FOR PARTIES WITH BURDEN OF PROOF: SEPTEMBER 18, 2026 DISPOSITIVE MOTION DEADLINE: OCTOBER 21, 2026 (BRIEFS IN OPPOSITION AND REPLIES CONSISTENT WITH OHIO CIVIL RULES OF PROCEDURE) FINAL PRETRIAL CONFERENCE SET FOR FEBRUARY 18, 2027 AT 10:00AM COUNSEL AND PARTIES WITH SETTLEMENT AUTHORITY ARE TO APPEAR IN PERSON. AT LEAST SEVEN (7) DAYS IN ADVANCE OF THE FINAL PRETRIAL, EACH PARTY SHALL SUBMIT A STATEMENT CONTAINING THE FOLLOWING: STATEMENT OF FACTS, STATEMENT OF DISPUTED LEGAL ISSUES, STIPULATIONS (IF ANY), LIST OF FACT WITNESSES, LIST OF EXPERT WITNESSES, ESTIMATED LENGTH OF TRIAL, PRETRIAL MOTIONS ANTICIPATED, AND EQUIPMENT NEEDS AT TRIAL. JURY TRIAL SET FOR APRIL 12, 2027 AT 9:00AM NOTICE ISSUED
  7. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA'S MOTION TO CONSOLIDATE CASE NO. 111659, FILED 04/08/2025, IS GRANTED. DEFENDANT I. SCHUMANN & CO., LLC'S MOTION TO CONSOLIDATE CASE NO. 112145 (PLAINTIFF LIBERTY MUTUAL), FILED 03/26/2025, IS GRANTED. DEFENDANT I. SCHUMANN & CO. LLC'S MOTION TO CONSOLIDATE CASE NO. 112321 (RE: PLAINTIFF STATE FARM), FILED 03/26/2025, IS GRANTED. DEFENDANT I. SCHUMANN & CO. LLC'S MOTION TO CONSOLIDATE CASE NO. 111645 (RE: PLAINTIFF MATTHEWS), FILED 03/26/2025, IS GRANTED. DEFENDANT I. SCHUMANN & CO. LLC'S MOTION TO CONSOLIDATE CASE NO. 112125 (RE: PLAINTIFF PROGRESSIVE), FILED 03/26/2025, IS GRANTED. NOTICE ISSUED
  8. TELEPHONE CONFERENCE SET FOR 06/04/2026 AT 10:00 AM.
  9. TELEPHONE CONFERENCE SET FOR 09/04/2025 AT 01:00 PM.
  10. TRIAL BY JURY SET FOR 04/12/2027 AT 09:00 AM.
  11. FINAL PRETRIAL SET FOR 02/18/2027 AT 10:00 AM.
  12. THE CAPTIONED CASE IS HEREBY TRANSFERRED TO THE DOCKET OF JUDGE JENNIFER O'DONNELL(383) FOR CONSOLIDATION WITH CASE NO. CV-24-994443. NOTICE ISSUED
  13. CMC BY PHONE SCHEDULED FOR 06/10/2025 AT 10:15 AM IS CANCELLED.
  14. NOTICE OF SUBSTITUTION OF COUNSEL FILED NOTICE OF SUBSTITUTION OF COUNSEL ON BEHALF OF DELTA COOLING TOWERS, INC.
  15. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR KROFF, INC. 03/31/2025 17:02:03
  16. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR STEFANKO/JOSEPH/R 03/31/2025 17:02:03
  17. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MONROE/JOSEPH/ 03/31/2025 17:02:03
  18. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR CABRAL/THOMAS/J 03/31/2025 17:02:03
  19. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR NICHOLAS/JOSEPH/F 03/31/2025 17:02:03
  20. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR O'MALLEY/PATRICK/ 03/31/2025 17:02:03
  21. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR NUSSLE/HERBERT/L 03/31/2025 17:02:03
  22. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR COTTER/CHRISTOPHER/E. 03/31/2025 17:02:03
  23. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR ANDERSON/KURT/D 03/31/2025 17:02:03
  24. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR STRICKER/MEGAN/D 03/31/2025 17:02:03
  25. CMC BY PHONE SET FOR 06/10/2025 AT 10:15 AM. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL AND CONTACT THE COURT AT 216-443-5963. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY AND SCHEDULING MATTERS.
  26. MOTION TO CONSOLIDATE FILED DEFENDANT I. SCHUMANN & CO. LLC'S MOTION TO CONSOLIDATE MULLINS & PROGRESSIVE
  27. ANSWER FILED BY D4 R AND T SHEET METAL FABRICATORS, INC. ATTORNEY JOSEPH F NICHOLAS 0038063 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT R&T SHEET METAL FABRICATORS, INC. TO PLAINTIFF'S COMPLAINT
  28. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION FOR LEAVE TO PLEAD
  29. ANSWER FILED BY D2 FOREST CITY ERECTORS, INC. ATTORNEY MEGAN D STRICKER 0081159 ANSWER OF DEFENDANT FOREST CITY ERECTORS INC. TO PLAINTIFF'S COMPLAINT
  30. ANSWER FILED BY D1 I. SCHUMANN & CO., LLC ATTORNEY THOMAS J CABRAL 0033041 ANSWER OF DEFENDANT I. SCHUMANN & CO., LLC TO PLAINTIFF'S COMPLAINT
  31. STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF PROGRESSIVE SPECIALTY INSURANCE CO.'S COMPLAINT...OSJ. NOTICE ISSUED
  32. STIPULATION FOR LEAVE TO PLEAD FILED STIPULATION
  33. USPS RECEIPT NO. 56154163 DELIVERED BY USPS 02/24/2025 R AND T SHEET METAL FABRICATORS, INC. PROCESSED BY COC 03/05/2025.
  34. USPS RECEIPT NO. 56154162 DELIVERED BY USPS 02/24/2025 DELTA COOLING TOWERS, INC. PROCESSED BY COC 03/05/2025.
  35. USPS RECEIPT NO. 56154161 DELIVERED BY USPS 02/24/2025 FOREST CITY ERECTORS, INC. PROCESSED BY COC 03/05/2025.
  36. USPS RECEIPT NO. 56154160 DELIVERED BY USPS 02/24/2025 I. SCHUMANN & CO., LLC PROCESSED BY COC 03/05/2025.
  37. USPS RECEIPT NO. 56154164 DELIVERED BY USPS 02/22/2025 KROFF, INC. PROCESSED BY COC 02/26/2025.
  38. SUMS COMPLAINT(56154164) SENT BY CERTIFIED MAIL. TO: KROFF, INC. 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219
  39. SUMS COMPLAINT(56154163) SENT BY CERTIFIED MAIL. TO: R AND T SHEET METAL FABRICATORS, INC. 5009 SUPERIOR AVENUE CLEVELAND, OH 44103
  40. SUMS COMPLAINT(56154162) SENT BY CERTIFIED MAIL. TO: DELTA COOLING TOWERS, INC. 85 US HIGHWAY 206 ROXBURY TOWNSHIP, NJ 07836
  41. SUMS COMPLAINT(56154161) SENT BY CERTIFIED MAIL. TO: FOREST CITY ERECTORS, INC. 8200 BOYLE PARKWAY TWINSBURG, OH 44087
  42. SUMS COMPLAINT(56154160) SENT BY CERTIFIED MAIL. TO: I. SCHUMANN & CO., LLC 22500 ALEXANDER RD. BEDFORD, OH 44146
  43. SUMMONS E-FILE COPY COST
  44. WRIT FEE
  45. WRIT FEE
  46. SUMMONS E-FILE COPY COST
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. SUMMONS E-FILE COPY COST
  50. WRIT FEE
  51. WRIT FEE
  52. WRIT FEE
  53. JUDGE JOHN P O'DONNELL ASSIGNED (RANDOM) - VOIDED. DUE TO RECUSAL ON CASE NO. CV24105219 AND PURSUANT TO COURT POLICY, CASE NO. CV25112125 IS REASSIGNED TO JUDGE NANCY A FUERST (MANUAL).
  54. LEGAL RESEARCH
  55. LEGAL NEWS
  56. LEGAL AID
  57. COURT SPECIAL PROJECTS FUND
  58. COMPUTER FEE
  59. CLERK'S FEE
  60. DEPOSIT AMOUNT PAID HERBERT L NUSSLE

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