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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-21
Status INACTIVE
Type Quiet Title
Docket 61 entries

Parties

Plaintiff International Union Of Operating Engineers, Local 18
Defendant William Browning|Fred W Wilson|Medford E Holstein
Photo of Hon. STEVEN E GALL

Judge

Hon. STEVEN E GALL

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. JUDGMENT ENTRY(59165888) SENT BY REGULAR MAIL SERVICE. TO: FRED W WILSON 3515 PROSPECT AVE E CLEVELAND, OH 44115-0000
  3. JUDGMENT ENTRY(59165887) SENT BY REGULAR MAIL SERVICE. TO: WILLIAM BROWNING 3515 PROSPECT AVE E, CLEVELAND, OH 44115-0000
  4. JUDGMENT ENTRY(59165886) SENT BY EMAIL. TO: NICHOLAS A BOGGS [email protected]
  5. JUDGMENT ENTRY(59165885) SENT BY EMAIL. TO: NICHOLAS A BOGGS [email protected]
  6. JUDGMENT ENTRY(59165884) SENT BY EMAIL. TO: TIMOTHY R. FADEL [email protected]
  7. JUDGMENT ENTRY(59165883) SENT BY EMAIL. TO: TIMOTHY R. FADEL [email protected]
  8. ORDER ADOPTING MAGISTRATE'S DECISION. ORDER SEE JOURNAL. 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
  9. MAGISTRATE'S DECISION(59049398) SENT BY EMAIL. TO: NICHOLAS A BOGGS [email protected]
  10. MAGISTRATE'S DECISION(59049397) SENT BY EMAIL. TO: NICHOLAS A BOGGS [email protected]
  11. MAGISTRATE'S DECISION(59049396) SENT BY EMAIL. TO: TIMOTHY R. FADEL [email protected]
  12. MAGISTRATE'S DECISION(59049395) SENT BY EMAIL. TO: TIMOTHY R. FADEL [email protected]
  13. MAGISTRATE'S DECISION WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED AND SENT TO ALL PARTIES ON SERVICE PAGE.
  14. TELEPHONE DEFAULT HEARING HELD BY MAGISTRATE ON 12/1/25. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED. THE MAGISTRATE WILL ISSUE A MAGISTRATE'S DECISION MAKING SPECIFIC FINDINGS OF THE RIGHTS AND LIABILITIES OF THE PARTIES. NOTICE ISSUED
  15. TELEPHONE DEFAULT HEARING SET FOR 12/01/2025 AT 09:45 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  16. NOTICE FILED BY P1 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 ATTORNEY NICHOLAS A BOGGS 0102430 NOTICE OF WITHDRAWAL OF ATTORNEY NICHOLAS A. BOGGS AS COUNSEL OF RECORD FOR PLAINTIFF INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18
  17. NOTICE FILED BY P1 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 ATTORNEY TIMOTHY R. FADEL 0077531 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  18. MOTION FOR DEFAULT JUDGMENT
  19. A REVIEW OF THE DOCKET REVEALS THAT PLAINTIFF HAS PERFECTED SERVICE ON ALL DEFENDANTS. PLAINTIFF IS ORDERED TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE THE CASE, UPDATED TITLEWORK, AND ANY NECESSARY AFFIDAVITS. FAILURE TO COMPLY WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  20. USPS RECEIPT NO. 58101804 DELIVERED BY USPS 09/24/2025 HOLSTEIN/MEDFORD/E PROCESSED BY COC 10/01/2025.
  21. USPS RECEIPT NO. 58101803 DELIVERED BY USPS 09/24/2025 WILSON/FRED/W PROCESSED BY COC 10/01/2025.
  22. USPS RECEIPT NO. 58101802 DELIVERED BY USPS 09/24/2025 BROWNING/WILLIAM/ PROCESSED BY COC 10/01/2025.
  23. SUMS AMENDED COMPLNT(58101804) SENT BY CERTIFIED MAIL. TO: MEDFORD E HOLSTEIN 3515 PROSPECT AVENUE E CLEVELAND, OH 44115-0000
  24. SUMS AMENDED COMPLNT(58101803) SENT BY CERTIFIED MAIL. TO: FRED W WILSON 3515 PROSPECT AVE E CLEVELAND, OH 44115-0000
  25. SUMS AMENDED COMPLNT(58101802) SENT BY CERTIFIED MAIL. TO: WILLIAM BROWNING 3515 PROSPECT AVE E, CLEVELAND, OH 44115-0000
  26. SUMMONS E-FILE COPY COST
  27. SUMMONS E-FILE COPY COST
  28. SUMMONS E-FILE COPY COST
  29. WRIT FEE
  30. WRIT FEE
  31. WRIT FEE
  32. DEPOSIT AMOUNT PAID TIMOTHY R. FADEL
  33. AMENDED COMPLAINT $75 AMENDED COMPLAINT TO QUIET TITLE
  34. AS THE COURT GRANTED PLAINTIFF LEAVE TO FILE ITS AMENDED COMPLAINT DURING THE 8/27/25 PRETRIAL HEARING, PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IS UNNECESSARY AND IS DENIED AS MOOT. NOTWITHSTANDING THE DENIAL OF PLAINTIFF'S MOTION AS MOOT, THE AMENDED COMPLAINT ATTACHED TO THE MOTION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. PLAINTIFF IS ORDERED TO PERFECT SERVICE OF ITS AMENDED COMPLAINT PURSUANT TO CIV.R. 4(E) OR THE CASE WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  35. PRE-TRIAL HEARING HELD BY MAGISTRATE ON 8/27/25. ONLY PLAINTIFF'S CO-COUNSEL APPEARED. THE MAGISTRATE DISCUSSED THE MANNER IN WHICH PLAINTIFF NAMED THE DEFENDANT-TITLEHOLDERS, EXPLAINING THAT BECAUSE THEY TOOK TITLE IN SPECIFIC CAPACITIES (NAMELY, AS "TRUSTEES"), RATHER THAN AS INDIVIDUALS, PLAINTIFF NEEDED TO NAME THEM AS DEFENDANTS IN THEIR SPECIFIC CAPACITIES. THE MAGISTRATE NOTED THAT REGARDLESS OF WHETHER PLAINTIFF INCLUDED A STATEMENT IN ITS COMPLAINT THAT THE DEFENDANTS TOOK TITLE AS "TRUSTEES", RECORD TITLE ESTABLISHES THAT THEY DID NOT TAKE TITLE AS INDIVIDUALS. AS A RESULT OF THE DISCUSSION HAD DURING THE HEARING, PLAINTIFF IS GRANTED LEAVE OF FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO SUBMIT AN AMENDED PLEADING THAT PROPERLY NAMES THE TITLEHOLDERS IN THIS CASE. THE AMENDED COMPLAINT MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. NOTICE ISSUED
  36. MOTION FILED FOR P1 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 TIMOTHY R. FADEL 0077531 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
  37. PRETRIAL SET FOR 08/27/2025 AT 08:30 AM. IN-PERSON PRETRIAL HEARING SET BEFORE MAGISTRATE CHRISTOPHER E. DAY AT 310 W. LAKESIDE AVENUE, COURTHOUSE SQUARE, 6TH FLOOR, MAGISTRATES' DEPARTMENT, CLEVELAND, OHIO 44113. ALL COUNSEL OF RECORD AND PRO SE DEFENDANTS MUST APPEAR; FAILURE OF PLAINTIFF'S COUNSEL TO APPEAR WILL RESULT IN THE DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. DURING THE HEARING, PLAINTIFF'S COUNSEL MUST PRESENT THE TRUST INSTRUMENT WHICH GOVERNED THE DEFENDANTS' ACTIONS AS TRUSTEES (THE CAPACITY IN WHICH THEY TOOK TITLE TO THE PARCELS), FOR THE COURT'S REVIEW. THE COURT WILL DISCUSS OPTIONS FOR PLAINTIFF'S CONTINUED LITIGATION OF ITS CLAIMS. NOTICE ISSUED
  38. TELEPHONE DEFAULT HEARING HELD BY MAGISTRATE ON 8/18/25. DURING THE HEARING, THE MAGISTRATE ADVISED PLAINTIFF'S COUNSEL THAT THE MOTION FOR DEFAULT JUDGMENT WOULD BE TAKEN UNDER ADVISEMENT. FOLLOWING A REVIEW OF THE CASE RECORD, PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS DENIED. THE COMPLAINT FILED IN THIS CASE NAMED DEFENDANTS WILLIAM BROWNING, FRED W. WILSON, AND MEDFORD E. HOLSTEIN AS INDIVIDUALS, RATHER THAN IN THE CAPACITIES IN WHICH THEY TOOK TITLE TO THE PARCELS. ADDITIONALLY, PLAINTIFF STATED A BELIEF THAT THE DEFENDANTS MAY BE DECEASED, BUT FAILED TO NAME THE UNKNOWN SUCCESSOR TRUSTEE(S) AS A DEFENDANT. AS CERTAIN PARTIES WERE JOINED IN THEIR INCORRECT CAPACITIES AND AS ADDITIONAL PARTIES MAY NEED TO BE JOINED TO THIS CASE, PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS PREMATURE AND IS DENIED. THE MAGISTRATE WILL SCHEDULE A PRETRIAL HEARING BY SEPARATE ORDER, DURING WHICH THE COURT AND CASE PARTIES WILL DISCUSS THE OPTIONS AVAILABLE TO PLAINTIFF FOR THE CONTINUED PROSECUTION OF ITS CASE. NOTICE ISSUED
  39. NOTICE OF APPEARANCE, FILED P1 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 NICHOLAS A BOGGS 0102430. NOTICE OF APPEARANCE
  40. TELEPHONE DEFAULT HEARING SET FOR 08/18/2025 AT 09:30 AM. ANY CASE PARTY MAY APPEAR AT THE TELEPHONE DEFAULT HEARING BY CALLING 216-443-8505 TEN MINUTES PRIOR TO THE SCHEDULED TIME OF THE HEARING. THE PARTY MOVING FOR DEFAULT JUDGMENT MUST SEND NOTICE TO ALL PARTIES OF THE DEFAULT HEARING AT LEAST SEVEN DAYS PRIOR TO THE HEARING. THIS NOTICE MUST PROVIDE THE CALL-IN INFORMATION ABOVE. FAILURE OF THE MOVING PARTY TO ATTEND THE HEARING WILL RESULT IN THE DISMISSAL WITHOUT PREJUDICE OF ANY AFFIRMATIVE CLAIMS FOR RELIEF. THIS HEARING MAY BE ATTENDED ONLY VIA TELEPHONE. NOTICE ISSUED
  41. NOTICE FILED BY P1 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 ATTORNEY TIMOTHY R. FADEL 0077531 NOTICE OF FILING OF FINAL JUDICIAL REPORT
  42. MOTION FOR DEFAULT JUDGMENT
  43. A REVIEW OF THE DOCKET REVEALS THAT PLAINTIFF HAS PERFECTED SERVICE ON ALL DEFENDANTS. PLAINTIFF IS ORDERED TO SUBMIT, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER, ANY DISPOSITIVE MOTIONS NECESSARY TO PROSECUTE THE CASE, UPDATED TITLEWORK, AND ANY NECESSARY AFFIDAVITS. FAILURE TO COMPLY WILL RESULT IN DISMISSAL OF THE COMPLAINT WITHOUT PREJUDICE. NOTICE ISSUED
  44. AS NO PARTIES FILED OBJECTIONS PURSUANT TO THE MAGISTRATE'S 5/29/25 ORDER, THE MAGISTRATE WILL REMAIN ASSIGNED TO THIS CASE. NOTICE ISSUED
  45. A REVIEW OF THE DOCKET REVEALS THAT PLAINTIFF IS REPRESENTED IN THIS ACTTION BY ATTORNEY TIMOTHY FADEL. THE MAGISTRATE NOTIFIES ALL PARTIES THAT HE HAS KNOWN ATTORNEY FADEL AND HIS FAMILY FOR A NUMBER OF YEARS. THE MAGISTRATE ALSO NOTIFIES ALL PARTIES THAT HE IS CAPABLE OF OVERSEEING THIS CASE IMPARTIALLY AND WITHOUT BIAS. ALL CASE PARTIES ARE GRANTED LEAVE OF FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO SUBMIT ANY OBJECTIONS TO THE MAGISTRATE'S CONTINUED ASSIGNMENT TO THIS CASE. THE OBJECTIONS MUST BE FILED AND DOCKETED WITH THE CLERK OF COURT. IF NO OBJECTIONS ARE FILED, THE CURRENT MAGISTRATE ASSIGNMENT WILL BE MAINTAINED. NOTICE ISSUED
  46. PROOF OF PUBLICATION FILED. PUBLICATION COST OF $2,050.00 PREPAID TO LEGAL NEWS.
  47. AS PLAINTIFF INDEPENDENTLY FILED ITS AFFIDAVIT FOR SERVICE BY PUBLICATION ON 3/7/25, PURSUANT TO CIV.R. 4.4(A)(1), PLAINTIFF'S MOTION FOR SERVICE BY PUBLICATION IS MOOT. NOTICE ISSUED
  48. DEPOSIT AMOUNT PAID TIMOTHY R. FADEL
  49. AFFIDAVIT SERVICE BY PUBLICATION, CIVIL $150 AFFIDAVIT FOR SERVICE BY PUBLICATION
  50. A REVIEW OF THE DOCKET REVEALS PLAINTIFF FILED A COMPLAINT ON 2/21/25, AND SERVICE HAS NOT YET BEEN PERFECTED. PLAINTIFF IS ORDERED TO PERFECT SERVICE PURSUANT TO CIV.R. 4(E), OR THE PLEADING WILL BE DISMISSED WITHOUT PREJUDICE. NOTICE ISSUED
  51. MAGISTRATE CHRISTOPHER DAY ASSIGNED (RANDOM)
  52. IT IS ORDERED BY THE COURT THAT THIS CAUSE BE REFERRED TO THE COURT MAGISTRATE TO TRY THE ISSUES OF LAW AND FACT ARISING THEREIN AND REPORT WITHOUT UNNECESSARY DELAY. NOTICE ISSUED
  53. MOTION FILED FOR P1 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 TIMOTHY R. FADEL 0077531 MOTION FOR SERVICE BY PUBLICATION
  54. JUDGE STEVEN E GALL ASSIGNED (RANDOM)
  55. LEGAL RESEARCH
  56. LEGAL NEWS
  57. LEGAL AID
  58. COURT SPECIAL PROJECTS FUND
  59. COMPUTER FEE
  60. CLERK'S FEE
  61. DEPOSIT AMOUNT PAID TIMOTHY R. FADEL

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