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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-06
Status INACTIVE
Type Contract
Docket 67 entries

Parties

Plaintiff Charlea Brown
Defendant Allstate Vehicle And Property Insurance Company
Photo of Hon. JOHN P O'DONNELL

Judge

Hon. JOHN P O'DONNELL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. REFUND BALANCE OF CASE COST DEPOSIT TO COLLEEN KERINS
  3. PURSUANT TO THE JOINT DISMISSAL ENTRY FILED ON JANUARY 27, 2026, CASE DISMISSED WITHOUT PREJUDICE. COURT COSTS ASSESSED AS DIRECTED. NOTICE ISSUED
  4. NOTICE FILED BY P1 CHARLEA BROWN ATTORNEY COLLEEN KERINS 0104096 JOINT DISMISSAL WITHOUT PREJUDICE
  5. NOTICE OF CHANGE OF ADDRESS FILED P1 CHARLEA BROWN, COLLEEN KERINS 0104096 PLAINTIFF'S NOTICE OF CHANGE OF ADDRESS
  6. THE PLAINTIFF'S 12/10/2025 MOTION TO COMPEL ANSWERS FROM THE DEFENDANT'S CIVIL RULE 30(B)(5) WITNESS TO RESPOND TO CERTAIN DEPOSITION QUESTIONS IS DENIED. THE INFORMATION SOUGHT BY THE PLAINTIFF - NAMELY, A CATALOGUE OF THE EVIDENCE THAT ALLSTATE INTENDS TO PRODUCE AT TRIAL TO SUPPORT ITS CONTRACT DEFENSES TO COVERAGE BASED ON THE POLICYHOLDER'S OWN CONDUCT - IS DISCOVERABLE, BUT NOT FROM THE 30(B)(5) WITNESS. A 30(B)(5) WITNESS "SHALL TESTIFY ABOUT INFORMATION KNOWN OR REASONABLY AVAILABLE TO THE ORGANIZATION." BUT THE RULE DOES NOT PRECLUDE A DEPOSITION BY ANY OTHER PROCEDURE ALLOWED BY THESE RULES. IN OTHER WORDS, A FACT WITNESS SHOULD BE DEPOSED IN THE ORDINARY FASHION AND NOT AS A 30(B)(5) WITNESS. THE COURT PRESUMES THAT THE PLAINTIFF HAS ALREADY IDENTIFIED AND DEPOSED ALLSTATE'S PROPOSED TRIAL WITNESSES IN SUPPORT OF THE AFFIRMATIVE DEFENSE, AND IT IS THOSE WITNESSES WHO MAY BE ASKED UNDER OATH ABOUT THE FACTS IN THEIR POSSESSION. NOTICE ISSUED
  7. JUDGMENT ENTRY IMPOSING A CIVIL RULE 45 SANCTION ON DIRECTV, LLC FOR FAILING TO COMPLY WITH A SUBPOENA. O.S.J. THE CLERK OF COURTS IS ORDERED TO SERVE A COPY OF THIS JUDGMENT ENTRY ON: DIRECTV, LLC C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OHIO 43219 NOTICE ISSUED
  8. JUDGMENT ENTRY REQUIRING CHARTER COMMUNICATIONS, INC. TO PRODUCE DOCUMENTS SOUGHT BY A SUBPOENA. O.S.J. THE CLERK OF COURTS IS ORDERED TO SERVE A COPY OF THIS JUDGMENT ENTRY ON: EMMA H. PETERS THOMPSON HINE LLP 3900 KEY CENTER 127 PUBLIC SQUARE CLEVELAND, OH 44114 NOTICE ISSUED
  9. COURT REPORTER FEE
  10. REPLY BRIEF FILED BY P1 CHARLEA BROWN COLLEEN KERINS 0104096 PLAINTIFF'S REPLY TO DEFENDANT'S BRIEF IN OPPOSITION
  11. BRIEF IN OPPOSITION FILED BY D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY ROBERT J. DUBOIS 0097066 DEFENDANT ALLSTATE'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY
  12. ORDERED JE NOTICE(59054097) SENT BY REGULAR MAIL SERVICE. TO: DIRECTV, LLC 4400 EASTON COMMONS WAY SUITE 125 COLUMBUS, OH 43219-0000
  13. ORDERED JE NOTICE(59054096) SENT BY REGULAR MAIL SERVICE. TO: CHARTER COMMUNICATIONS, INC. 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OH 43215-0000
  14. THIS CASE WAS CALLED FOR A FINAL PRETRIAL CONFERENCE ON DECEMBER 11, 2025, AS SCHEDULED. ALL PARTIES APPEARED THROUGH COUNSEL. TRIAL REMAINS SET AS PREVIOUSLY SCHEDULED. NOTICE ISSUED
  15. PLAINTIFF CHARLEA BROWN OWNS PROPERTY AT 13613 CAINE AVENUE IN CLEVELAND THAT WAS INSURED BY THE DEFENDANT ALLSTATE INSURANCE UNDER ITS POLICY NUMBER 980 869 146, EFFECTIVE FROM JUNE 14, 2023 THROUGH JUNE 14, 2024. ACCORDING TO THE COMPLAINT, THE HOUSE WAS DAMAGED BY FIRE ON FEBRUARY 9, 2024. THE PLAINTIFF THEN MADE A CLAIM UNDER THE POLICY. ALLSTATE DENIED THE CLAIM, AND BROWN FILED THIS LAWSUIT ALLEGING CAUSES OF ACTION FOR BREACH OF CONTRACT AND BAD FAITH. THE LAWSUIT WAS FILED ON FEBRUARY 6, 2025. ALLSTATE FILED A COUNTERCLAIM ON MAY 5, 2025, FOR A DECLARATORY JUDGMENT THAT NO COVERAGE IS OWED ON THE POLICY BECAUSE COVERAGE IS EXCLUDED FOR FIRES CAUSED BY VANDALISM OR MISCHIEVOUS CONDUCT WHERE THE PROPERTY HAS BEEN "VACANT OR UNOCCUPIED FOR MORE THAN 30 CONSECUTIVE DAYS IMMEDIATELY PRIOR TO THE VANDALISM OR MALICIOUS MISCHIEF." AT A PRETRIAL CONFERENCE ON MAY 28, 2025, A TRIAL DATE OF JANUARY 27, 2026, WAS SCHEDULED. THE FOLLOWING MOTIONS ARE NOW PENDING: ALLSTATE'S DECEMBER 5 MOTION TO CONTINUE THE TRIAL; THE PLAINTIFF'S DECEMBER 10 MOTION TO COMPEL; ALLSTATE'S DECEMBER 12 MOTION FOR LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT; AND ALLSTATE'S DECEMBER 16 MOTION TO COMPEL NON-PARTIES CHARTER COMMUNICATIONS, INC. AND DIRECTV, LLC TO PROPERLY REPLY TO SUBPOENAS ISSUED TO THEM ON NOVEMBER 12 AND 25, RESPECTIVELY. THESE MOTIONS WILL BE ADDRESSED BY THE COURT ONLY ONCE THE TIME FOR OPPOSITION AND REPLY BRIEFS UNDER CIVIL RULE 6(C)(1) HAS PASSED, WITH THE EXCEPTION OF THE MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS. ON THAT MOTION, THE SUBPOENAS REQUESTED COMPLIANCE BY NOVEMBER 26, 2025 (CHARTER COMMUNICATIONS, INC.) AND DECEMBER 9, 2025 (DIRECTV, LLC). THOSE DATES HAVE COME AND GONE WITHOUT ANY RESPONSE TO THE SUBPOENAS AS REQUIRED BY RULE 45(D) OF THE OHIO RULES OF CIVIL PROCEDURE AND WITHOUT OBJECTION UNDER CIVIL RULE 45(C). ACCORDINGLY, THE MOTION IS GRANTED, AND A HEARING ON WHETHER CHARTER COMMUNICATIONS, INC. AND DIRECTV, LLC ARE IN CONTEMPT OF COURT FOR FAILURE TO OBEY A SUBPOENA WILL BE SCHEDULED BY SEPARATE JUDGMENT ENTRIES. NOTICE ISSUED
  16. JUDGMENT ENTRY REQUIRING DIRECTV, LLC TO APPEAR AND SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT FOR FAILING TO OBEY A COURT ORDER. O.S.J. THE CLERK OF COURTS IS ORDERED TO SERVE A COPY OF THIS JUDGMENT ENTRY ON: DIRECTV, LLC 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OHIO 43219 NOTICE ISSUED
  17. JUDGMENT ENTRY REQUIRING CHARTER COMMUNICATIONS, INC. TO APPEAR AND SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT FOR FAILING TO OBEY A COURT ORDER. O.S.J. THE CLERK OF COURTS IS ORDERED TO SERVE A COPY OF THIS JUDGMENT ENTRY ON: CHARTER COMMUNICATIONS, INC. 1160 DUBLIN ROAD, SUITE 400 COLUMBUS, OHIO 43215 NOTICE ISSUED
  18. MOTION FILED FOR D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY ROBERT J. DUBOIS 0097066 MOTION TO COMPEL COMPLIANCE WITH SUBPOENA
  19. MOTION FILED FOR D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY ROBERT J. DUBOIS 0097066 DEFENDANT ALLSTATE'S MOTION FOR LEAVE TO FILE THEIR MOTION FOR SUMMARY JUDGMENT 02/08/2026 - UNKNOWN
  20. MOTION FILED FOR P1 CHARLEA BROWN COLLEEN KERINS 0104096 PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DEPOSITION QUESTIONS
  21. D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY'S MOTION FOR CONTINUANCE JOINT MOTION FOR CONTINUANCE OF DECEMBER 11, 2025 FINAL PRETRIAL AND JANUARY 27, 2026 TRIAL. ROBERT J. DUBOIS 0097066 02/08/2026 - UNKNOWN
  22. SUBPOENA SERVICE RETURN FILED CLEVELAND METROPOLITAN SCHOOL DISTRICT, BETH H MCMASTERS (999999) CLEVELAND METROPOLITAN SCHOOL DISTRICT CO DR. WARREN G. MORGAN II, 1111 SUPERIOR AVENUE E, STE 1800, CLEVELAND, OH 44114 SERVICE 9-16-25 ON CLEVELAND METROPOLITAN SCHOOL DISTRICT AS FOLLOWS: BY SERVING TO ENAIDA TORRES @ 9:50 A.M.
  23. SUBPOENA SERVICE RETURN FILED NEWREZ LLC DBA NEWREZ PHH MORTGAGE SERVICES C/O CORPORATION SERVICE COMPANY, ROBERT J. DUBOIS (0097066) NEWREZ LLC DBA NEWREZ PHH MORTGAGE SERVICES CO CORPORATION SERVICE COMPANY, 1160 DUBLIN ROAD, STE 400, COLUMBUS, OH 43215 SERVICE 9-11-25 ON NEWREZ LLC DBA NEWREZ PHH MORTGAGE SERVICES AS FOLLOWS: BY SERVING TO MCKENZIE HARTMAN, SOP INTAKE ASSOCIATE
  24. SUBPOENA SERVICE RETURN FILED VISA GLOBAL SERVICES, INC.; C/O CORPORATION SERVICE COMPANY, ROBERT J. DUBOIS (0097066) VISA GLOBAL SERVICES, INC. CO CORPORATION SERVICE COMPANY, 1160 DUBLIN ROAD, STE 400, COLUMBUS, OH 43215 SERVICE 9-11-25 ON VISA GLOBAL SERVICES, INC. AS FOLLOWS: BY SERVING TO MCKENZIE HARTMAN, SOP INTAKE ASSOCIATE
  25. SUBPOENA SERVICE RETURN FILED FIRSTENERGY CORP. DBA THE ILLUMINATING COMPANY C/O CT CORPORATION SYSTEM, ROBERT J. DUBOIS (0097066) FIRST ENERGY CORP. DBA THE ILLUMINATING COMPANY CO CT CORPORATION SYSTEM, 4400 EASTON COMMONS WAY, STE 125, COLUMBUS, OH 43219 SERVICE 9-11-25 ON FIRST ENERGY CORP. DBA THE ILLUMINATING COMPANY AS FOLLOWS: BY SERVING TO DAYLEN PLATT, SOP INTAKE ASSOCIATE
  26. SUBPOENA SERVICE RETURN FILED AMERICAN EXPRESS COMPANY; C/O CT CORPORATION, ROBERT J. DUBOIS (0097066) AMERICAN EXPRESS COMPANY CO CT CORPORATION, 4400 EASTON COMMONS WAY, STE 125, COLUMBUS, OH 43219 SERVICE 9-11-25 ON AMERICAN EXPRESS COMPANY AS FOLLOWS: BY SERVING TO DAYLEN PLATT, SOP INTAKE ASSOCIATE
  27. SUBPOENA SERVICE RETURN FILED, ROBERT J. DUBOIS (0097066) MASTERCARD TRANSACTION SERVICES, LLC CO CT CORPORATION SYSTEM, 4400 EASTON COMMONS WAY, STE 125, COLUMBUS, OH 43219 SERVICE 9-11-25 ON MASTERCARD TRANSACTION SERVICES, LLC AS FOLLOWS: BY SERVING TO DAYLEN PLATT, SOP INTAKE ASSOCIATE
  28. SUBPOENA SERVICE RETURN FILED DOMINION ENERGY SERVICES, INC. DBA DOMINION ENERGY OHIO C/O CT CORPORATION SYSTEM, ROBERT J. DUBOIS (0097066) DOMINION ENERGY SERVICES, INC. DBA DOMINION ENERGY OHIO CO CT CORPORATION SYSTEM, 4400 EASTON COMMONS WAY, STE 125, COLUMBUS, OH 43219 SERVICE 9-11-25 ON DOMINION ENERGY SERVICES, INC. AS FOLLOWS: BY SERVING TO DAYLEN PLATT, SOP INTAKE ASSOCIATE
  29. SUBPOENA SERVICE RETURN FILED U.S. BANK NATIONAL ASSOCIATION C/O CT CORPORATION SYSTEM, ROBERT J. DUBOIS (0097066) U.S. BANK NATIONAL ASSOCIATION CO CT CORPORATION SYSTEM, 4400 EASTON COMMONS WAY, STE 125, COLUMBUS, OH 43219 SERVICE 9-11-25 ON U.S. BANK NATIONAL ASSOCIATION AS FOLLOWS: BY SERVING DAYLEN PLATT, SOP INTAKE ASSOCIATE
  30. SUBPOENA SERVICE RETURN FILED THE ACORN PLUMBING AND HEATING, LLC; C/O ADRIAN JOHNSON, ROBERT J. DUBOIS (0097066) THE ACORN PLUMBING AND HEATING, LLC CO ADRIAN JOHNSON, 5549 WATERFORD CIRCLE, SHEFFIELD VILLAGE, OH 44035 SERVICE 9-11-25 ON THE ACORN HEATING AND PLUMBING, LLC AS FOLLOWS: BY RESIDENCE SERVICE, POSTED TO FRONT DOOR @ 12:45 P.M.
  31. SUBPOENA SERVICE RETURN FILED TJ BUILDERS C\O TERRY FORD, ROBERT J. DUBOIS (0097066) TJ BUILDERS CO TERRY FORD, 12818 HLAVIN AVENUE, CLEVELAND, OH 44105 SERVICE 9-11-25 ON TJ BUILDERS AS FOLLOWS: BY RESIDENCE SERVICE, POSTED TO FRONT DOOR @ 10:45 A.M.
  32. SUBPOENA SERVICE RETURN FILED CITY OF CLEVELAND, DEPARTMENT OF PUBLIC UTILITIES, DIVISION OF WATER, ROBERT J. DUBOIS (0097066) CITY OF CLEVELAND, DEPARTMENT OF PUBLIC UTILITIES, DIVISION OF WATER, 1201 LAKESIDE AVENUE, CLEVELAND, OH 44114 SERVICE ON CITY OF CLEVELAND, DEPARTMENT OF PUBLIC UTILITIES, DIVISION OF WATER 9-11-25 AS FOLLOWS: BY SERVING TO ANDREA PERONE @ 10:20 A.M.
  33. SUBPOENA SERVICE RETURN FILED NORTHEAST OHIO REGIONAL SEWER DISTRICT, ROBERT J. DUBOIS (0097066) NORTHEAST OHIO REGIONAL SEWER DISTRICT P.O. BOX 94550 CLEVELAND, OH 44101-4550 SERVICE 9-11-25 ON NORTHEAST OHIO REGIONAL SEWER DISTRICT AS FOLLOWS: BY SERVING TO OFFICER TEEL, SECURITY, @ 9:55 A.M.
  34. NOTICE FILED BY D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY ATTORNEY ROBERT J. DUBOIS 0097066 NOTICE OF SERVICE OF DISCOVERY
  35. THIS CASE WAS CALLED FOR A PRETRIAL CONFERENCE ON MAY 27, 2025, AS SCHEDULED. ALL PARTIES APPEARED THROUGH COUNSEL AND THE FOLLOWING SCHEDULE WAS SET: FINAL PRETRIAL SET FOR 12/11/2025 AT 01:30 PM. COURTROOM 18-D. ALL PARTIES WITH SETTLEMENT AUTHORITY ARE ORDERED TO APPEAR. TRIAL BY JURY SET FOR 01/27/2026 AT 09:00 AM. COURTROOM 18-D. NOTICE ISSUED
  36. THE DEFENDANT'S MOTION TO BIFURCATE AT TRIAL THE PLAINTIFF'S COMPENSATORY CLAIMS AND CLAIM FOR PUNITIVE DAMAGES IS GRANTED. SECTION 2315.21 OF THE OHIO REVISED CODE WILL BE FOLLOWED. THE COMPENSATORY CLAIMS WILL BE TRIED TO A JURY. UPON ANY VERDICT BY THAT JURY IN FAVOR OF THE PLAINTIFF, A TRIAL OF THE CLAIM FOR PUNITIVE DAMAGES WILL TAKE PLACE WITH THAT SAME JURY. AT THE TRIAL ON PUNITIVE DAMAGES ALL OF THE TRIAL EVIDENCE ON THE COMPENSATORY CLAIMS WILL BE INCORPORATED AND THE PARTIES MAY ALSO PROFFER EVIDENCE RELATED ONLY TO THE PUNITIVE CLAIM. NOTICE ISSUED
  37. REPLY BRIEF FILED BY P1 CHARLEA BROWN COLLEEN KERINS 0104096 PLAINTIFF'S RESPONSE TO MOTION TO BIFURCATE
  38. REPLY TO COUNTERCLAIM FILED P1 CHARLEA BROWN, ATTORNEY COLLEEN KERINS 0104096 PLAINTIFF'S ANSWER TO COUNTER CLAIM
  39. PRETRIAL CONFERENCE SCHEDULED FOR 05/14/2025 AT 10:30 AM IS CANCELLED.
  40. THE DEFENDANT'S MOTION TO CONTINUE THE MAY 14, 2025, PRETRIAL IS GRANTED, AND THE PRETRIAL IS CONTINUED TO THE DATE SHOWN BELOW. PRETRIAL CONFERENCE SET FOR 05/27/2025 AT 10:30 AM. COURTROOM 18-D. NOTICE ISSUED
  41. MOTION FILED FOR D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY ROBERT J. DUBOIS 0097066 DEFENDANT ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY'S MOTION TO BIFURCATE PLAINTIFF'S PUNITIVE DAMAGES CLAIM
  42. D1 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY'S MOTION FOR CONTINUANCE ROBERT J. DUBOIS 0097066. ^F^ MOTION FOR CONTINUANCE
  43. DEPOSIT AMOUNT PAID RITZLER, COUGHLIN & PAGLIA, LTD.
  44. ANSWER AND COUNTERCLAIM $75 ANSWER AND COUNTERCLAIM FOR DECLARATORY JUDGMENT BY DEFENDANT ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY
  45. USPS RECEIPT NO. 56691472 DELIVERED BY USPS 04/21/2025 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY PROCESSED BY COC 04/30/2025.
  46. SUMS COMPLAINT(56691472) SENT BY CERTIFIED MAIL. TO: ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY C/O CT CORPORATION 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219-0000
  47. WRIT FEE
  48. SUMMONS E-FILE COPY COST
  49. USPS RECEIPT NO. 56441827 DELIVERED BY USPS 04/06/2025 ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY PROCESSED BY COC 04/16/2025.
  50. REQUEST FOR SERVICE FILED REQUEST FOR SERVICE
  51. PRETRIAL CONFERENCE SET FOR 05/14/2025 AT 10:30 AM. COURTROOM 18-D. CIVIL RULE 16(C) WILL BE FOLLOWED AND THE PARTIES MUST COMPLY WITH CIVIL RULE 26(F). NOTICE ISSUED
  52. CERTIFIED MAIL NUMBER 56073630 ADDRESSED TO ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  53. SUMS COMPLAINT(56441827) SENT BY CERTIFIED MAIL. TO: ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY 2775 SANDERS ROAD NORTHBROOK, IL 60062
  54. SUMMONS E-FILE COPY COST
  55. WRIT FEE
  56. INSTRUCTION FOR SERVICE ON DEFENDANT OF COMPLAINT BY CERTIFIED MAIL FILED.
  57. SUMS COMPLAINT(56073630) SENT BY CERTIFIED MAIL. TO: ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY 2775 SANDERS ROAD NORTHBROOK, IL 60062
  58. SUMMONS E-FILE COPY COST
  59. WRIT FEE
  60. JUDGE JOHN P O'DONNELL ASSIGNED (RANDOM)
  61. LEGAL RESEARCH
  62. LEGAL NEWS
  63. LEGAL AID
  64. COURT SPECIAL PROJECTS FUND
  65. COMPUTER FEE
  66. CLERK'S FEE
  67. DEPOSIT AMOUNT PAID COLLEEN KERINS

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