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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-24
Status INACTIVE
Type Tort Miscellaneous
Docket 74 entries

Parties

Plaintiff Shane Siniscalchi|Eric Velazquez
Defendant K. Hovnanian Meadow Lakes, Llc|K. Hovnanian Companies, Llc|Tim King
Photo of Hon. William F B Vodrey

Judge

Hon. William F B Vodrey

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. Sua sponte, this appeal is dismissed at appellant's cost for failure to file a timely notice of appeal. See App.R. 4(A). The order that is being appealed was entered on September 16, 2025. Appellant should have filed the appeal no later than October 16, 2025; however, the appeal was not filed until October 20, 2025, which exceeds the 30 day time period for filing appeals. The timely filing of a notice of appeal is a jurisdictional requirement for a valid appeal. Transamerica Ins. Co. v. Nolan, 72 Ohio St.3d 320, syllabus (1995). Where a notice of appeal is not filed within the time prescribed by law, the reviewing court is without jurisdiction to consider the appeal. State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988). Notice issued.
  3. -------------------- NOTICE OF APPEAL -------------------- CA NO. 115700 NOTICE OF APPEAL FILED BY THE PLTF. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR.
  4. NOTICE OF APPEAL FILED
  5. REFUND BALANCE OF CASE COST DEPOSIT TO FORTNEY LAW, LLC
  6. THIS CAUSE CAME BEFORE THIS COURT UPON DEFENDANTS' MOTION AND BRIEF FOR SANCTIONS AND ATTORNEY FEES. THE COURT TAKES JUDICIAL NOTICE OF THE FACT THAT NO BRIEF OR RESPONSE OF ANY KIND WAS FILED BY PLAINTIFFS. A HEARING ON DEFENDANTS' MOTION WAS HELD ON THURSDAY, SEPTEMBER 4, 2025. WHERE EVIDENCE AND TESTIMONY WAS CONSIDERED. BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED, THE COURT MAKES THE FOLLOWING DETERMINATION: IN ORDER TO AWARD SANCTIONS AND ATTORNEY FEES, CIV. R. 11 PROVIDES: EVERY PLEADING, MOTION, OR OTHER DOCUMENT OF A PARTY REPRESENTED BY AN ATTORNEY SHALL BE SIGNED BY AT LEAST ONE ATTORNEY OF RECORD IN THE ATTORNEY'S INDIVIDUAL NAME, WHOSE ADDRESS, ATTORNEY REGISTRATION NUMBER, TELEPHONE NUMBER, TELEFAX NUMBER, IF ANY, AND BUSINESS E-MAIL ADDRESS, IF ANY, SHALL BE STATED. A PARTY WHO IS NOT REPRESENTED BY AN ATTORNEY SHALL SIGN THE PLEADING, MOTION, OR OTHER DOCUMENT AND STATE THE PARTY'S ADDRESS. EXCEPT WHEN OTHERWISE SPECIFICALLY PROVIDED BY THESE RULES, PLEADINGS NEED NOT BE VERIFIED OR ACCOMPANIED BY AFFIDAVIT. THE SIGNATURE OF AN ATTORNEY OR PRO SE PARTY CONSTITUTES A CERTIFICATE BY THE ATTORNEY OR PARTY THAT THE ATTORNEY OR PARTY HAS READ THE DOCUMENT; THAT TO THE BEST OF THE ATTORNEY'S OR PARTY'S KNOWLEDGE, INFORMATION, AND BELIEF THERE IS GOOD GROUND TO SUPPORT IT; AND THAT IT IS NOT INTERPOSED FOR DELAY. IF A DOCUMENT IS NOT SIGNED OR IS SIGNED WITH INTENT TO DEFEAT THE PURPOSE OF THIS RULE, IT MAY BE STRICKEN AS SHAM AND FALSE AND THE ACTION MAY PROCEED AS THOUGH THE DOCUMENT HAD NOT BEEN SERVED. FOR A WILLFUL VIOLATION OF THIS RULE, AN ATTORNEY OR PRO SE PARTY, UPON MOTION OF A PARTY OR UPON THE COURT'S OWN MOTION, MAY BE SUBJECTED TO APPROPRIATE ACTION, INCLUDING AN AWARD TO THE OPPOSING PARTY OF EXPENSES AND REASONABLE ATTORNEY FEES INCURRED IN BRINGING ANY MOTION UNDER THIS RULE. SIMILAR ACTION MAY BE TAKEN IF SCANDALOUS OR INDECENT MATTER IS INSERTED. FURTHER, R.C 2323.51, IN PERTINENT PART, PROVIDES: (2) "FRIVOLOUS CONDUCT" MEANS EITHER OF THE FOLLOWING: (A) CONDUCT OF AN INMATE OR OTHER PARTY TO A CIVIL ACTION, OF AN INMATE WHO HAS FILED AN APPEAL OF THE TYPE DESCRIBED IN DIVISION (A)(1)(B) OF THIS SECTION, OR OF THE INMATE'S OR OTHER PARTY'S COUNSEL OF RECORD THAT SATISFIES ANY OF THE FOLLOWING: (I) IT OBVIOUSLY SERVES MERELY TO HARASS OR MALICIOUSLY INJURE ANOTHER PARTY TO THE CIVIL ACTION OR APPEAL OR IS FOR ANOTHER IMPROPER PURPOSE, INCLUDING, BUT NOT LIMITED TO, CAUSING UNNECESSARY DELAY OR A NEEDLESS INCREASE IN THE COST OF LITIGATION. (II) IT IS NOT WARRANTED UNDER EXISTING LAW, CANNOT BE SUPPORTED BY A GOOD FAITH ARGUMENT FOR AN EXTENSION, MODIFICATION, OR REVERSAL OF EXISTING LAW, OR CANNOT BE SUPPORTED BY A GOOD FAITH ARGUMENT FOR THE ESTABLISHMENT OF NEW LAW. (III) THE CONDUCT CONSISTS OF ALLEGATIONS OR OTHER FACTUAL CONTENTIONS THAT HAVE NO EVIDENTIARY SUPPORT OR, IF SPECIFICALLY SO IDENTIFIED, ARE NOT LIKELY TO HAVE EVIDENTIARY SUPPORT AFTER A REASONABLE OPPORTUNITY FOR FURTHER INVESTIGATION OR DISCOVERY. (IV) THE CONDUCT CONSISTS OF DENIALS OR FACTUAL CONTENTIONS THAT ARE NOT WARRANTED BY THE EVIDENCE OR, IF SPECIFICALLY SO IDENTIFIED, ARE NOT REASONABLY BASED ON A LACK OF INFORMATION OR BELIEF. HERE, AND BASED UPON THESE STANDARDS, THE COURT FINDS THAT PLAINTIFFS AND THEIR LAWYER'S CONDUCT WAS FRIVOLOUS AS DEFINED ABOVE AND THAT THEIR BEHAVIOR AND ACTIONS ADVERSELY AFFECTED DEFENDANTS THROUGH THEIR HAVING TO DEFEND AGAINST THE THIRD ITERATION OF THE ISSUES PREVIOUSLY ADDRESSED BY THE LORAIN COURT OF COMMON PLEAS AND THE AMERICAN ARBITRATION ASSOCIATION AND THAT AN AWARD OF ATTORNEY FEES AND COSTS IS WARRANTED. IN COMING TO THIS CONCLUSION, THE COURT FINDS THE REPEATED CONDUCT OF PLAINTIFFS AND THEIR LAWYER, TO WIT, PLAINTIFFS' FILING OF THIS CASE DESPITE THE FAILURE OF PLAINTIFFS' SPOLIATION CLAIMS AND/OR ASSERTIONS IN THE DISPOSITIONS OF LORAIN COUNTY COURT OF COMMON PLEAS CASE NO. 22 CV 206129 AND AAA ARBITRATION CASE NO. 01-22-0004-1891, AS WELL AS THEIR BLATANT DISREGARD FOR THE REPEATED REQUESTS OF DEFENDANTS TO NOT FILE THIS ACTION, RISE TO THE LEVEL OF EGREGIOUS CONDUCT. OEHLERV MCADAMS, 9TH DIS. SUMMIT NO. 28903; 2019-OHIO 1976, 2019 WL 2213431 AT 12; STATE EX REL. DIFRANCO V CITY OF S. EUCLID, 144 OHIO ST.3D 571, 2015-OHIO-4915, 45 N.E.3D 987. AS THIS COURT RULED ON JULY 29, 2025, RES JUDICATA APPLIED AND THE CASE SHOULD HAVE NEVER BEEN BROUGHT. IT IS ALSO TROUBLING TO THIS COURT THAT THE CASE WAS FILED IN CUYAHOGA COUNTY WHEN PLAINTIFFS' OWN PLEADINGS INDICATE VENUE WAS PROPERLY IN LORAIN COUNTY, OHIO. BASED UPON THE FOREGOING AND THE EVIDENCE PRESENTED AT THE HEARING ON THIS MATTER, ATTORNEY FEES ARE WARRANTED AND THIS COURT FINDS THAT THE AMOUNTS ARE REASONABLE AND CONSISTENT WITH THE MARKET RATE AND THE COMPLEXITY OF THE LEGAL WORK PERFORMED. ABRAHAM LINCOLN, A NOTED TRIAL LAWYER BEFORE HIS 1860 ELECTION TO THE PRESIDENCY, ONCE APTLY SAID, "A LAWYER'S TIME AND ADVICE ARE HIS STOCK IN TRADE." WARM V. GREENBERG (1971), 29 OHIO APP.2D 163, 166; JOHN V. HEUTSCHE CO., L.P.A. V. MCNEA (2008), 151 OHIO MISC.2D 23, 27. ACCORDINGLY, THE COURT FINDS THAT THE 29.70 HOURS HAVE BEEN REASONABLY AND NECESSARILY EXPENDED ON LEGAL WORK ASSOCIATED WITH THE FILING OF THIS ACTION BY PLAINTIFFS AND TO HAVE THE SAME DISMISSED BY DEFENDANTS. THEREFORE, DEFENDANTS ARE AWARDED $11,762.50 IN ATTORNEY FEES AND COSTS DUE TO PLAINTIFFS' AND THEIR ATTORNEY'S CONDUCT. DEFENDANTS' MOTION AND BRIEF FOR SANCTIONS AND ATTORNEY FEES, FILED 08/05/2025, IS GRANTED. NOTICE ISSUED
  7. COURT REPORTER FEE
  8. HEARING ON THE RECORD IS SET FOR 09/04/25 AT 1:30PM IN COURTROOM 18A ON SANCTIONS AND ATTORNEY FEES AS STATED IN THIS COURT'S 07/29/25 JOURNAL ENTRY. NOTICE ISSUED
  9. HEARING SET FOR 09/04/2025 AT 01:30 PM. (Notice Sent).
  10. MOTION FILED FOR DEFENDANT(S) K. HOVNANIAN MEADOW LAKES, LLC(D1) and K. HOVNANIAN COMPANIES, LLC(D2) ERIK L. WALTER 0078988 DEFENDANTS' MOTION AND BRIEF FOR SANCTIONS AND ATTORNEY FEES
  11. MEDIATION SCHEDULED FOR 08/25/2025 AT 10:30 AM IS CANCELLED.
  12. JUDGMENT ENTRY(57673401) SENT BY EMAIL. TO: MICHAEL R FORTNEY [email protected]
  13. JUDGMENT ENTRY(57673400) SENT BY EMAIL. TO: ERIK L. WALTER [email protected]
  14. JUDGMENT ENTRY(57673399) SENT BY EMAIL. TO: ERIK L. WALTER [email protected]
  15. THIS MATTER IS BEFORE THE COURT ON DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV.R. 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION, AND FOR SANCTIONS, FILED 05/20/25. THE COURT HAS REVIEWED THE DEFENDANTS' MOTION, THE PLAINTIFFS' BRIEF IN OPPOSITION, THE DEFENDANTS' REPLY AND ALL PLEADINGS. THIS COURT FINDS AS FOLLOWS: ON 06/06/22, PLAINTIFFS FILED SINISCALCHI, ET AL. V. K. HOVNANIAN MEADOW LAKES, ET AL., LORAIN COUNTY COMMON PLEAS COURT, CASE NO. 22CV206129, RELATING TO THEIR HOME'S CONSTRUCTION WHICH CASE WAS STAYED AND ORDERED TO ARBITRATION, SINISCALCHI, ET AL. V. K. HOVNANIAN MEADOW LAKES, ET AL., ARBITRATION CASE NO. CASE NO. 22CV206129. ON 05/01/24, THE ARBITRATION CONCLUDED THAT PLAINTIFFS' CLAIMS FOR SPOLIATION FAILED: THE AWARD OF ARBITRATION EXPRESSLY STATED ON PAGE 5 FOOTNOTE 1: 1. THE CLAIMANTS' ATTEMPT TO REMEDY THE MISSING ELEMENTS OF KNOWLEDGE OF FALSITY AND INTENT TO MISLEAD CONTEND THAT THE RESPONDENTS SHOULD BE SUBJECT TO A CLAIM FOR SPOLIATION OF EVIDENCE OR AN ADVERSE INFERENCE AS TO MISSING EVIDENCE. NO CLAIM FOR SPOLIATION OF EVIDENCE WAS ALLEGED IN THE CLAIM. FURTHERMORE, THE NECESSARY ELEMENTS HAVE NOT BEEN ESTABLISHED. (1) PENDING OR PROBABLE LITIGATION INVOLVING THE PLAINTIFF, (2) KNOWLEDGE ON THE PART OF DEFENDANT THAT LITIGATION EXISTS OR IS PROBABLE, (3) WILLFUL DESTRUCTION OF EVIDENCE BY DEFENDANT DESIGNED TO DISRUPT THE PLAINTIFFS' CASE, (4) DISRUPTION OF THE PLAINTIFFS' CASE, AND (5) DAMAGES PROXIMATELY CAUSED BY THE DEFENDANTS' ACTS. SMITH V. HOWARDJOHNSON CO., 67 OHIO ST.3D 28, 29, 615 N.E.2D 1037, 1038 (1993). AT THE VERY LEAST, THERE IS NO PROOF OF WILLFUL DESTRUCTION OF EVIDENCE. AN ADVERSE INFERENCE WOULD NOT BE APPROPRIATE EITHER. THE INFERENCES ALLOWED IN THE CASE OF A ... UNEXPLAINED FAILURE OR REFUSAL OF A PARTY TO JUDICIAL PROCEEDINGS TO PRODUCE RELEVANT AND COMPETENT DOCUMENTARY EVIDENCE OR AN ARTICLE WHICH WOULD TEND TO THROW LIGHT ON THE ISSUES AUTHORIZES, UNDER CERTAIN CIRCUMSTANCES, AN INFERENCE OR A PRESUMPTION UNFAVORABLE TO SUCH PARTY. FURTHER, IT MUST APPEAR THAT THERE HAS BEEN AN ACTUAL SUPPRESSION OR WITHHOLDING OF THE EVIDENCE; NO UNFAVORABLE INFERENCE ARISES WHERE THE CIRCUMSTANCE INDICATE THAT THE DOCUMENT OR ARTICLE HAS BEEN LOST OR ACCIDENTALLY DESTROYED, OR WHERE THE FAILURE TO PRODUCE IT IS OTHERWISE PROPERLY ACCOUNTED FOR * * CHEROVSKY V. ST. LUKE'S HOSP, OF CLEVELAND, 8TH DIST. CUYAHOGA NO. 68326, 1995 WL 739608, *5, DISMISSED, 76 OHIO ST.3D 1450, 668 N.E.2D 1383 (1996), AND CAUSE DISMISSED, 78 OHIO ST.3D 1487, 678 N.E.2D 1226 (1997) (CITATION OMITTED.) HERE, THE RESPONDENT EXPLAINED THE POLICY RELATING TO DELETION OF EMAILS AND TEXTS THEREBY PROPERLY ACCOUNTING FOR THE DOCUMENTARY EVIDENCE QUESTIONED. ON 02/24/25, PLAINTIFFS FILED THIS LAWSUIT, SHANE SINISCALCHI, ET AL. VS. K. HOVNANIAN MEADOW LAKES, LLC, ET AL., CUYAHOGA COUNTY COMMON PLEAS COURT, CV-25-112609. THE LORAIN COUNTY COURT OF COMMON PLEAS, CASE NO. 22CV206129, DENIED PLAINTIFFS' MOTION TO VACATE OR MODIFY THE ARBITRATION AWARD, THEREBY CONFIRMING THE AWARD. THEREAFTER, ON 05/09/25, THE COURT GRANTED DEFENDANTS' MOTION FOR SANCTIONS IN FINDING THAT PLAINTIFFS ENGAGED IN FRIVOLOUS CONDUCT PURSUANT TO R.C. 2323.51, AND AWARDED DEFENDANTS REASONABLE ATTORNEY'S FEES. LORAIN COUNTY COURT OF COMMON PLEAS, CASE NO. 22CV206129, JOURNAL ENTRY 05/09/25. PURSUANT TO LYCAN, 2022-OHIO-4676, THIS COURT CONCLUDES AS FOLLOWS: (1) A PRIOR FINAL, VALID DECISION ON THE MERITS OF PLAINTIFFS' CLAIMS OF SPOLIATION WAS ISSUED BY LORAIN COUNTY COURT OF COMMON PLEAS, CASE NO. 22CV206129, A COURT OF COMPETENT JURISDICTION, AND BY CONFIRMATION OF ARBITRATION CASE NO. CASE NO. 22CV206129; (2) A SECOND ACTION, WHICH IS THE INSTANT CASE, INVOLVING THE SAME PARTIES, OR THEIR PRIVIES, AS THE FIRST WAS FILED AND IS CURRENTLY PENDING BEFORE THIS COURT; (3) THIS SECOND ACTION RAISES CLAIMS OF SPOLIATION THAT WERE OR COULD HAVE BEEN LITIGATED IN THE FIRST ACTION; AND, (4) THIS SECOND ACTION ARISES OUT OF THE TRANSACTION OR OCCURRENCE THAT WAS THE SUBJECT MATTER OF THE PREVIOUS ACTION. THIS COURT FURTHER CONCLUDES THAT THE CLAIMS OF SPOLIATION WHICH PLAINTIFFS BRINGS BEFORE THIS COURT IN THEIR FIRST AMENDED COUNTERCLAIM, FILED 05/09/25, ARE BARRED BY RES JUDICATA, AS THESE CLAIMS HAVE ALREADY BEEN FULLY LITIGATED IN AN ACTION PENDING BEFORE THE LORAIN COUNTY COURT OF COMMON PLEAS TITLED SINISCALCHI, ET AL. V. K. HOVNANIAN MEADOW LAKES, ET AL., CASE NO. 22CV206129, AND IN A PRIOR ARBITRATION ORDERED BY THAT COURT TITLED SINISCALCHI, ETAL. V. K. HOVNANIAN MEADOW LAKES, ET AL., ARBITRATION CASE NO. 01-22 0004-1891. THEREFORE, THIS CASE IS DISMISSED. PARTIES TO FILE BRIEFS ON SANCTIONS AND ATTORNEY FEES WITHIN TWO WEEKS OF THE DOCKETING OF THIS JOURNAL ENTRY. COURT COSTS ASSESSED AS DIRECTED. 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
  16. CMC BY PHONE SCHEDULED FOR 07/30/2025 AT 10:00 AM IS CANCELLED.
  17. CMC BY PHONE SET FOR 07/30/2025 AT 10:00 AM. (Notice Sent).
  18. CMC BY PHONE SCHEDULED FOR 07/23/2025 AT 09:00 AM IS CANCELLED.
  19. GENERAL PLEADING FILED BY DEFENDANT(S) K. HOVNANIAN MEADOW LAKES, LLC(D1) and K. HOVNANIAN COMPANIES, LLC(D2) ATTORNEY ERIK L. WALTER 0078988 DEFENDANTS' REPLY IN OPPOSITION TO PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV. R. 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION
  20. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) K. HOVNANIAN MEADOW LAKES, LLC(D1), K. HOVNANIAN COMPANIES, LLC(D2) and TIM KING(D3) ERIK L. WALTER 0078988 BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV R 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION, INSTANTER
  21. PLAINTIFFS' MOTION FOR LEAVE TO FILE PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV.R. 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION, INSTANTER, FILED 06/19/2025, IS UNOPPOSED AND GRANTED. DEFENDANTS' REPLY SHALL BE FILED WITHIN 7 DAYS OF THIS JOURNAL ENTRY SHOULD DEFENDANTS SO CHOOSE TO FILE. NOTICE ISSUED
  22. MEDIATION SET FOR 08/25/2025 AT 10:30 AM. (Notice Sent).
  23. DUE TO PENDING MOTIONS ON THIS CASE, THE 06/18/25 CASE MANAGEMENT CONFERENCE BY PHONE IS CONTINUED TO 07/23/25 AT 9:00AM. . PLAINTIFF SHALL INITIATE THE CALL WITH ALL OTHER PARTIES, THEN CONTACT THE COURT AT (216) 443-8580 WHEN ALL PARTIES ARE ON THE LINE. NOTICE ISSUED
  24. MOTION FILED FOR PLAINTIFF(S) SHANE SINISCALCHI(P1) and ERIC VELAZQUEZ(P2) MICHAEL R FORTNEY 0092325 MOTION FOR LEAVE TO FILE PLAINTIFFS' RESPONSE IN OPPOSITION TO K. HOVNANIAN DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV.R. 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION, INSTANTER.
  25. CMC BY PHONE SCHEDULED FOR 06/18/2025 AT 10:20 AM IS CANCELLED.
  26. CMC BY PHONE SET FOR 07/23/2025 AT 09:00 AM. (Notice Sent).
  27. PLAINTIFFS COMPLIED WITH CIV.R. 15(A) IN THE FILING OF THEIR AMENDED COMPLAINT. DEFENDANTS' MOTION TO STRIKE AMENDED COMPLAINT, FILED 05/14/2025, IS DENIED. DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE TO STAY AND SEND TO ARBITRATION, FILED 04/25/2025, IS DENIED AS MOOT. NOTICE ISSUED
  28. CASE MANAGEMENT CONFERENCE IS SET FOR 06/18/25 AT 10:20AM. PLAINTIFF SHALL INITIATE THE CALL WITH ALL OTHER PARTIES, THEN CONTACT THE COURT AT (216) 443-8580 WHEN ALL PARTIES ARE ON THE LINE. NOTICE ISSUED
  29. CMC BY PHONE SET FOR 06/18/2025 AT 10:20 AM. (Notice Sent).
  30. BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) SHANE SINISCALCHI(P1) and ERIC VELAZQUEZ(P2) MICHAEL R FORTNEY 0092325 PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO STRIKE AMENDED COMPLAINT
  31. MOTION TO DISMISS FILED DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV. R. 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION
  32. NOTICE FILED BY DEFENDANT(S) K. HOVNANIAN MEADOW LAKES, LLC(D1), K. HOVNANIAN COMPANIES, LLC(D2) and TIM KING(D3) ATTORNEY ERIK L. WALTER 0078988 SUPPLEMENTAL AUTHORITY
  33. MOTION FILED FOR D1 K. HOVNANIAN MEADOW LAKES, LLC ERIK L. WALTER 0078988 DEFENDANTS' MOTION TO STRIKE AMENDED COMPLAINT
  34. DEPOSIT AMOUNT PAID MICHAEL R FORTNEY
  35. AMENDED COMPLAINT $75 FIRST AMENDED COMPLAINT
  36. BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) SHANE SINISCALCHI(P1) and ERIC VELAZQUEZ(P2) MICHAEL R FORTNEY 0092325 PLAINTIFFS' RESPONSE IN OPPOSITION TO K. HOVNANIAN DEFENDANTS' MOTION TO DISMISS OR MOTION TO COMPEL ARBITRATION
  37. NOTICE FILED BY D1 K. HOVNANIAN MEADOW LAKES, LLC ATTORNEY ERIK L. WALTER 0078988 NOTICE OF FILING EXHIBITS TO DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO CIV. R. 12(B)(6) OR IN THE ALTERNATIVE, MOTION TO COMPEL ARBITRATION
  38. MOTION TO DISMISS FILED MOTION TO DISMISS OR IN THE ALTERNATIVE TO STAY AND SEND TO ARBITRATION
  39. DEFENDANTS K. HOVNANIAN MEADOW LAKES, LLC, K. HOVNANIAN COMPANIES, LLC AND TIM KING'S LEAVE TO PLEAD, FILED 03/29/2025, IS UNOPPOSED AND GRANTED. DEFENDANTS TO ANSWER, RESPOND OR OTHERWISE PLEAD BY APRIL 28, 2025. NOTICE ISSUED
  40. ATTORNEY CONFERENCE HELD ON 04/09/25. PARTIES APPEARED THROUGH COUNSEL. THIS CASE SHALL PROCEED AS FOLLOWS: ALL FACT DISCOVERY SHALL BE COMPLETED BY 07/31/25. PLAINTIFF'S EXPERT REPORT(S) SHALL BE DUE BY 07/31/25. DEFENDANT'S EXPERT REPORT(S) SHALL BE DUE BY 09/15/25. DISPOSITIVE MOTIONS SHALL BE DUE BY 09/30/25; BRIEFS IN OPPOSITION AND REPLIES SHALL BE DUE BY CIV.R. 6. FINAL PRETRIAL SET FOR 12/16/25 AT 3:00PM. PLAINTIFF SHALL INITIATE THE CALL WITH ALL OTHER PARTIES, THEN CONTACT THE COURT AT (216) 443-8580 WHEN ALL PARTIES ARE ON THE LINE. TRIAL SET FOR 01/26/26 AT 10:00AM. THE COURT HEREBY ORDERS THE PARTIES TO FILE THE FOLLOWING AT LEAST 14 DAYS PRIOR TO TRIAL: (1) TRIAL BRIEFS; (2) WITNESS LISTS; (3) EXHIBIT LISTS; (4) JOINT JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS; (5) JURY QUESTIONNAIRES SHOULD EITHER OR ALL PARTIES DESIRE TO UTILIZE SAME DURING VOIR DIRE; (6) STIPULATIONS; AND (7) A CONCISE, MUTUALLY AGREED-UPON STATEMENT OF THE CASE TO BE READ TO THE JURY AT THE OUTSET OF THE TRIAL. MOTIONS IN LIMINE, IF ANY, SHALL BE FILED AT LEAST 28 DAYS BEFORE TRIAL. ANY BRIEF IN OPPOSITION IS DUE 14 DAYS THEREAFTER. NO REPLY SHALL BE PERMITTED. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. THIS CASE SHALL BE MEDIATED IN AUGUST 2025. NOTICE ISSUED
  41. JUDGMENT ENTRY(56657421) SENT BY EMAIL. TO: MICHAEL R FORTNEY [email protected]
  42. JUDGMENT ENTRY(56657420) SENT BY EMAIL. TO: ERIK L. WALTER [email protected]
  43. JUDGMENT ENTRY(56657419) SENT BY EMAIL. TO: ERIK L. WALTER [email protected]
  44. PURSUANT TO CIV. R. 41(A) PLAINTIFF SHANE SINISCALCHI, ERIC VELAZQUEZ HEREBY VOLUNTARILY DISMISSES ALL CLAIMS AGAINST DEFENDANT TIM KING C/O K. HOVNANIA COMPANIES, LLC 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
  45. NOTICE FILED BY PLAINTIFF(S) SHANE SINISCALCHI(P1) and ERIC VELAZQUEZ(P2) ATTORNEY MICHAEL R FORTNEY 0092325 NOTICE OF PARTIAL DISMISSAL
  46. NOTICE FILED BY PLAINTIFF(S) SHANE SINISCALCHI(P1) and ERIC VELAZQUEZ(P2) ATTORNEY MICHAEL R FORTNEY 0092325 NOTICE OF PARTIAL DISMISSAL
  47. MOTION FILED FOR DEFENDANT(S) K. HOVNANIAN MEADOW LAKES, LLC(D1), K. HOVNANIAN COMPANIES, LLC(D2) and TIM KING(D3) ERIK L. WALTER 0078988 LEAVE TO PLEAD
  48. NOTICE FILED BY DEFENDANT(S) K. HOVNANIAN MEADOW LAKES, LLC(D1), K. HOVNANIAN COMPANIES, LLC(D2) and TIM KING(D3) ATTORNEY ERIK L. WALTER 0078988 APPEARANCE
  49. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR KING/TIM/ 03/16/2025 17:02:05
  50. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR K. HOVNANIAN COMPANIES, LLC 03/16/2025 17:02:05
  51. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR K. HOVNANIAN MEADOW LAKES, LLC 03/16/2025 17:02:05
  52. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR FORTNEY/MICHAEL/R 03/16/2025 17:02:05
  53. CMC BY PHONE SET FOR 04/09/2025 AT 11:40 AM. PURSUANT TO CIV.R. 26, THE PARTIES SHALL MEET AND CONFER NO LATER THAN 21 DAYS BEFORE THE CASE MANAGEMENT CONFERENCE. THE PARTIES SHALL FILE A DISCOVERY PLAN WITHIN 14 DAYS OF THEIR CONFERENCE. PLAIINTIFF'S COUNSEL SHALL INITIATE THE CALL AND THEN CONTACT THE COURT AT (216) 443-8580 ONCE ALL PARTIES ARE ON THE LINE.
  54. USPS RECEIPT NO. 56209154 DELIVERED BY USPS 03/03/2025 KING/TIM/ PROCESSED BY COC 03/12/2025.
  55. USPS RECEIPT NO. 56209153 DELIVERED BY USPS 03/03/2025 K. HOVNANIAN COMPANIES, LLC PROCESSED BY COC 03/12/2025.
  56. CERTIFIED MAIL RECEIPT NO. 56209152 RETURNED 03/01/2025 FAILURE OF SERVICE ON DEFENDANT K. HOVNANIAN MEADOW LAKES, LLC - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  57. CERTIFIED MAIL RECEIPT NO. 56209152 RETURNED 3/1/2025 FAILURE OF SERVICE ON DEFENDANT K. HOVNANIAN MEADOW LAKES, LLC - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  58. SUMS COMPLAINT(56209154) SENT BY CERTIFIED MAIL. TO: TIM KING 90 MATAWAN ROAD 5TH FLOOR MATAWAN, NJ 07747
  59. SUMS COMPLAINT(56209153) SENT BY CERTIFIED MAIL. TO: K. HOVNANIAN COMPANIES, LLC 90 MATAWAN ROAD 5TH FLOOR MATAWAN, NJ 07747
  60. SUMS COMPLAINT(56209152) SENT BY CERTIFIED MAIL. TO: K. HOVNANIAN MEADOW LAKES, LLC 36833 SANDY RIDGE DRIVE NORTH RIDGEVILLE, OH 44039
  61. SUMMONS E-FILE COPY COST
  62. SUMMONS E-FILE COPY COST
  63. WRIT FEE
  64. WRIT FEE
  65. WRIT FEE
  66. SUMMONS E-FILE COPY COST
  67. JUDGE WILLIAM F. B. VODREY 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 MICHAEL R FORTNEY

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