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Case Information
Filed
2025-02-20
Status
INACTIVE
Type
Contract Business
Docket
32 entries
Parties
Plaintiff
Wells Fargo Bank N A
Defendant
Erin Weinmann
Lawyers
Docket Entries
- CASE FILED: COMPLAINT
- DEPOSIT AMOUNT PAID KEITH D WEINER & ASSOCIATES CO., L.P.A.
- CASE REFUND TO KEITH D. WEINER & ASSOCIATES, CO. L.P.A.
- JUDGMENT ENTRY(58325215) SENT BY REGULAR MAIL SERVICE. TO: ERIN WEINMANN 18 SPRAGUE RD BEREA, OH 44017
- JUDGMENT ENTRY(58325214) SENT BY EMAIL. TO: MICHAEL S BERKOWITZ [email protected]
- JUDGMENT ENTRY(58325213) SENT BY EMAIL. TO: MICHAEL S BERKOWITZ [email protected]
- JUDGMENT ENTRY(58325212) SENT BY EMAIL. TO: PAUL K. RODE [email protected]
- JUDGMENT ENTRY(58325211) SENT BY EMAIL. TO: PAUL K. RODE [email protected]
- THIS MATTER IS BEFORE THE COURT ON PLAINTIFF, WELLS FARGO BANK, N.A.'S MOTION FOR SUMMARY JUDGMENT, FILED 09/04/2025. AS OF 10/03/2025 NO BRIEF IN OPPOSITION HAS BEEN FILED. PURSUANT TO CIV. R. 56, SUMMARY JUDGMENT IS APPROPRIATE WHEN (1) THERE IS NO GENUINE ISSUE OF MATERIAL FACT, (2) THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, AND (3) REASONABLE MINDS CAN COME TO BUT ONE CONCLUSION, AND THAT CONCLUSION IS ADVERSE TO THE NONMOVING PARTY, THAT PARTY BEING ENTITLED TO HAVE THE EVIDENCE CONSTRUED MOST STRONGLY IN HIS FAVOR. HORTON V. HARWICK CHEM. CORP, 73 OHIO ST.3D 679, 1995-OHIO-286, 653 N.E.2D 1196, PARAGRAPH THREE OF THE SYLLABUS (OHIO 1995). THE PARTY MOVING FOR SUMMARY JUDGMENT BEARS THE BURDEN OF SHOWING THAT THERE IS NO GENUINE ISSUE OF MATERIAL FACT AND THAT HE IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. DRESHER V. BURT, 75 OHIO ST.3D 280, 292-293, 1996-OHIO-107, 662 N.E.2D 264, 273-274 (OHIO 1996). "ONCE THE MOVING PARTY SATISFIES ITS BURDEN, THE NONMOVING PARTY 'MAY NOT REST UPON THE MERE ALLEGATIONS OR DENIALS OF THE PARTY'S PLEADINGS, BUT THE PARTY'S RESPONSE, BY AFFIDAVIT OR AS OTHERWISE PROVIDED IN THIS RULE, MUST SET FORTH SPECIFIC FACTS SHOWING THAT THERE IS A GENUINE ISSUE FOR TRIAL.' CIV. R. 56(E); MOOTISPAW V. ECKSTEIN, 76 OHIO ST.3D 383, 385, 667 N.E.2D 1197 (1996). DOUBTS MUST BE RESOLVED IN FAVOR OF THE NON-MOVING PARTY. MURPHY V. REYNOLDSBURG, 65 OHIO ST.3D 356, 358-359, 604 N.E.2D 138 (1992)." COLLIER V. LIBATIONS LOUNGE, LLC., 8TH DIST. CUYAHOGA NO. 97504, 2012-OHIO-2390, 7. PLAINTIFF BROUGHT ITS COMPLAINT AGAINST DEFENDANT, ERIN WEINMANN, FOR NONPAYMENT OF A CREDIT CARD ACCOUNT. "CREDIT CARD AGREEMENTS ARE CONTRACTS WHEREBY THE ISSUANCE AND USE OF A CREDIT CARD CREATES A LEGALLY BINDING AGREEMENT." CAP. ONE, N.A. V. HOWARD, 2024-OHIO-275, P12, 2024 OHIO APP. LEXIS 278, *4, 2024 WL 302444. AN ACTION ON ACCOUNT IS REALLY ONE FOR BREACH OF CONTRACT. KWIKCOLOR SAND V. FAIRMOUNT MINERALS LTD., 8TH DIST. CUYAHOGA NO. 96717, 2011-OHIO-6646, 13. "[T]O PROVE A BREACH OF CONTRACT CLAIM A PLAINTIFF MUST DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE THAT: (1) A CONTRACT EXISTED, (2) THE PLAINTIFF FULFILLED HIS OBLIGATIONS, (3) THE DEFENDANT FAILED TO FULFILL HIS OBLIGATIONS, AND (4) DAMAGES RESULTED FROM THIS FAILURE." CIRCUIT SOLUTIONS, INC. V. MUELLER ELEC. CO., 9TH DIST. NO. 07CA009139, 2008 OHIO 3048, 12. IN SUPPORT OF ITS' MOTION, PLAINTIFF PROVIDES THE AFFIDAVIT OF SHANNON L. WEISS ("AFFIANT") AN EMPLOYEE AND CUSTODIAN OF RECORDS FOR PLAINTIFF. AFFIANT ATTESTS THAT THE CARDMEMBER AGREEMENT ATTACHED AS EXHIBIT A IS A TRUE AND ACCURATE COPY OF THE AGREEMENT ACCEPTED BY DEFENDANT. AFFIANT ATTESTS THAT SHE INSPECTED THE ACCOUNT RECORDS, ATTACHED AS EXHIBITS B AND C, AND THAT THE STATEMENTS REFLECT THE BALANCE OWED IN THE AMOUNT OF $17,764.40. PLAINTIFF'S MOTION STATES THEY ARE NOT SEEKING INTEREST. UPON CONSIDERATION OF THE FOREGOING, THE COURT HEREBY GRANTS PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, FILED 09/04/2025. THE COURT, HAVING CONSIDERED ALL OF THE EVIDENCE AND HAVING CONSTRUED THE EVIDENCE IN A LIGHT MOST FAVORABLE TO THE NONMOVING PARTY, DETERMINES THAT REASONABLE MINDS CAN COME TO BUT ONE CONCLUSION, THAT THERE ARE NO GENUINE ISSUES OF MATERIAL FACT AND THAT PLAINTIFF, WELLS FARGO BANK, N.A, IS ENTITLED TO JUDGMENT AS A MATTER OF LAW ON ALL CLAIMS AGAINST DEFENDANT ERIN WEINMANN. JUDGMENT IS HEREBY ENTERED IN FAVOR OF PLAINTIFF, AND AGAINST DEFENDANT IN THE AMOUNT OF $ 17,764.40 AND COSTS. IT IS SO ORDERED. 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
- AFFIDAVIT FILED BY P1 WELLS FARGO BANK N A ATTORNEY PAUL K. RODE 0080911 AFFIDAVIT OF DAMAGES
- MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT
- PLAINTIFF'S MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE, FILED 07/30/2025, IS UNOPPOSED AND GRANTED. ANY DISPOSITIVE MOTIONS SHALL BE FILED BY 09/08/2025. NOTICE ISSUED
- MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE
- CASE MANAGEMENT CONFERENCE HELD 05/28/2025. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT FAILED TO APPEAR. ALL PARTIES PRESENT AGREED TO THE FOLLOWING LITIGATION SCHEDULE: DISCOVERY CUT-OFF IS 08/01/2025 DISPOSITIVE MOTIONS TO BE FILED BY 08/08/2025. PURSUANT TO CIV.R. 6(C), AMENDED AS OF JULY 1, 2019, BRIEFS IN OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT ARE DUE WITHIN 28 DAYS, AND REPLIES ARE DUE WITHIN 7 DAYS. A PAPER COURTESY COPY OF ALL DISPOSITIVE MOTIONS, EXHIBITS, AND DEPOSITION TRANSCRIPTS SHALL BE HAND-DELIVERED TO THE COURT UPON FILING OF THE MOTION. BRIEFS IN OPPOSITION TO ALL NON-SUMMARY JUDGMENT MOTIONS, EXCEPT MOTIONS IN LIMINE, EXPLAINED BELOW, ARE DUE WITHIN 14 DAYS. ANY REPLIES ARE DUE WITHIN 7 DAYS. PARTIES ARE TO CONFER REGARDING NON-DISPOSITIVE MOTIONS BEFORE FILING AND INDICATE THE PARTIES' AGREEMENT WHERE POSSIBLE. ANY MOTION FILED WITHOUT THE CONSENT OF ALL OTHER PARTIES WILL BE DENIED IF THE MOTION DOES NOT LEAVE TIME FOR THE OTHER PARTIES TO RESPOND PURSUANT TO CIV.R. 6(C). PARTIES ARE REQUIRED TO MEET AND CONFER, AND TO CONTACT THE COURT TO SCHEDULE A DISCOVERY CONFERENCE PRIOR TO FILING A MOTION TO COMPEL OR ANY OTHER DISCOVERY RELATED MOTION. PARTIES WISHING TO CONTACT THE COURT MAY ONLY DO SO BY 1) CALLING THE COURT AT 216-698-2892 WITH ALL COUNSEL/PRO SE PARTIES ON THE LINE, 2) EMAILING [email protected] WITH ALL COUNSEL/PRO SE PARTIES COPIED, OR 3) THROUGH A FILING WITH THE CLERK OF COURTS. THIS COURT SHALL NOT ENTERTAIN ANY COMMUNICATION FROM EITHER SIDE WITHOUT BOTH SIDES BEING PRESENT ON THE MEANS OF COMMUNICATION. FINAL PRETRIAL SET FOR 12/02/2025 AT 11:30 A.M. AND WILL BE HELD BY PHONE. PARTIES CAN ACCESS THE CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. TRIAL SET FOR 01/07/2026 AT 09:30 A.M. ALL PARTIES ARE TO SUBMIT TRIAL BRIEFS, EXHIBIT LISTS, WITNESS LISTS, STIPULATED JURY INSTRUCTIONS, VERDICT FORMS, INTERROGATORIES, OBJECTIONS TO WITNESS TESTIMONY, AND MOTIONS IN LIMINE TO THE COURT AT LEAST 10 DAYS BEFORE TRIAL. JURY INSTRUCTIONS, INTERROGATORIES, AND VERDICT FORMS MUST BE FILED WITH THE CLERK AND SUBMITTED IN MICROSOFT WORD FORMAT TO [email protected]. PAPER COURTESY COPIES OF ALL DISPOSITIVE MOTIONS, MOTIONS TO COMPEL OR OTHER MOTIONS OVER 10 PAGES LONG MUST BE HAND-DELIVERED TO COURTROOM 20-B OR OTHERWISE WILL NOT BE CONSIDERED PROPERLY FILED. FAILURE OF ANY PARTY TO APPEAR AT ANY SCHEDULED DATE OR FAILURE TO COMPLY WITH ANY COURT ORDER MAY RESULT IN AN ADVERSE RESULT FOR THE NON-APPEARING/NON-COMPLYING PARTY, I.E., THE PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, OR JUDGMENT BEING RENDERED AGAINST THE DEFENDANT. PRO SE LITIGANTS ARE REMINDED THAT THEY ARE HELD TO THE SAME RULES, PROCEDURES, AND STANDARDS AS LITIGANTS REPRESENTED BY COUNSEL. DJL, INC. V. MASSINGILLE, 8TH DIST. CUYAHOGA NO. 9664, 2011-OHIO-6281, PARA. 23, CITING STATE EX REL. FULLER V. MENGEL, 100 OHIO ST.3D 352, 2003-OHIO-6448, 800 N.E.2D 25. THE COURT SITS AS AN IMPARTIAL ARBITER AND ALL LITIGANTS WILL BE TREATED EQUALLY. THE COURT WILL NOT CONSIDER COMMUNICATIONS FROM LITIGANTS OTHER THAT THOSE THAT: (A) ARE IN WRITING; (B) HAVE BEEN PROPERLY SERVED UPON ALL PARTIES; AND (C) HAVE BEEN FILED WITH THE CLERK OF COURT. ANY AND ALL OTHER ATTEMPTS AT COMMUNICATING WITH THE COURT OR COURT STAFF WILL BE DENIED. FINAL PRETRIAL SET FOR 12/02/2025 AT 11:30 AM. TRIAL SET FOR 01/07/2026 AT 09:30 AM. NOTICE ISSUED
- CASE CALLED FOR CASE MANAGEMENT CONFERENCE 05/01/2025. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT FAILED TO APPEAR. ACCORDINGLY, THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO 05/28/2025 AT 10:30AM. PARTIES CAN ACCESS THE CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. A CASE SCHEDULE WILL BE SET AT THAT TIME WITH INPUT FROM ANY PARTIES IN ATTENDANCE. FAILURE OF ANY PARTY TO APPEAR AT ANY SCHEDULED DATE OR FAILURE TO COMPLY WITH ANY COURT ORDER MAY RESULT IN AN ADVERSE RESULT FOR THE NON-APPEARING/NON-COMPLYING PARTY, I.E., THE PLAINTIFF'S CASE BEING DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, OR JUDGMENT BEING RENDERED AGAINST THE DEFENDANT. PRO SE LITIGANTS ARE REMINDED THAT THEY ARE HELD TO THE SAME RULES, PROCEDURES, AND STANDARDS AS LITIGANTS REPRESENTED BY COUNSEL. DJL, INC. V. MASSINGILLE, 8TH DIST. CUYAHOGA NO. 9664, 2011-OHIO-6281, PARA. 23, CITING STATE EX REL. FULLER V. MENGEL, 100 OHIO ST.3D 352, 2003-OHIO-6448, 800 N.E.2D 25. THE COURT SITS AS AN IMPARTIAL ARBITER AND ALL LITIGANTS WILL BE TREATED EQUALLY. THE COURT WILL NOT CONSIDER COMMUNICATIONS FROM LITIGANTS OTHER THAT THOSE THAT: (A) ARE IN WRITING; (B) HAVE BEEN PROPERLY SERVED UPON ALL PARTIES; AND (C) HAVE BEEN FILED WITH THE CLERK OF COURT. ANY AND ALL OTHER ATTEMPTS AT COMMUNICATING WITH THE COURT OR COURT STAFF WILL BE DENIED. CASE MGMNT CONFERENCE SET FOR 05/28/2025 AT 10:30 AM. NOTICE ISSUED
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR WEINMANN/ERIN/ 04/06/2025 17:01:59
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR RODE/PAUL/K. 04/06/2025 17:01:59
- SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR BERKOWITZ/MICHAEL/S 04/06/2025 17:01:59
- CASE MGMNT CONFERENCE SET FOR 05/01/2025 AT 11:00 AM. THE CASE MANAGEMENT CONFERENCE WILL BE HELD BY PHONE. PARTIES CAN ACCESS THE CASE MANAGEMENT CONFERENCE BY CALLING 605-313-5952 AND ENTERING ACCESS CODE 1742872#. PURSUANT TO CIV.R. 26, THE PARTIES MUST MEET AND CONFER NO LATER THAN 21 DAYS BEFORE THE CMC. THE PARTIES MUST FILE A DISCOVERY PLAN WITHIN 14 DAYS OF THEIR CONFERENCE. EACH PARTY MUST PROVIDE INITIAL DISCLOSURES TO THE OTHER PARTIES BY THE DATE OF THE CMC UNLESS THE PARTIES STIPULATE TO A LATER DATE.
- DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT . PRO SE (9999999)
- USPS RECEIPT NO. 56201969 DELIVERED BY USPS 03/01/2025 WEINMANN/ERIN/ PROCESSED BY COC 03/05/2025.
- SUMS COMPLAINT(56201969) SENT BY CERTIFIED MAIL. TO: ERIN WEINMANN 18 SPRAGUE RD BEREA, OH 44017
- SUMMONS E-FILE COPY COST
- WRIT FEE
- JUDGE MAUREEN CLANCY ASSIGNED (RANDOM)
- LEGAL RESEARCH
- LEGAL NEWS
- LEGAL AID
- COURT SPECIAL PROJECTS FUND
- COMPUTER FEE
- CLERK'S FEE
- DEPOSIT AMOUNT PAID PAUL K. RODE
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