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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-21
Status ACTIVE
Type Tort M.v. Accident
Docket 52 entries

Parties

Plaintiff Gerald Dessausure|Norma Dessausure
Defendant Kenneth Thomas|Allstate Northbrook Indemnity Company
Photo of Hon. Jeffrey P Saffold

Judge

Hon. Jeffrey P Saffold

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. FINAL PRETRIAL HELD ON 02/24/2026. FINAL PRETRIAL WAS CONDUCTED BY PHONE. ALL PARTIES APPEARED THROUGH COUNSEL. SUA SPONTE THE COURT SET THE FOLLOWING AMENDED CASE SCHEDULE. PLAINTIFF SHALL FILE HER RESPONSES TO ALL PREVIOUSLY FILED DISPOSITIVE MOTIONS BY NO LATER THAN 03/10/2026. REPLY DUE PER CIV.R.6(C). IF ANY SUBMITTED DOCUMENT EXCEEDS 25 PAGES, A HARD COPY OF THE COMPLETE DOCUMENT SHALL BE DELIVERED TO THE STAFF ATTORNEY DEPARTMENT, 11TH FLOOR IN JUSTICE CENTER. EMAIL FOR COURT STAFF ATTORNEY: [email protected]. PLAINTIFF SHALL FORWARD ALL RESPONSIVE DOCUMENTS TO DISCOVERY IN HER POSSESSION BY NO LATER THAN SEVEN (7) DAYS FROM THE DATE OF THIS ORDER. THE CURRENT TRIAL DATE IN THIS MATTER IS HEREBY CANCELLED. CASE TO BE ARBITRATED BY NO LATER THAN 04/27/2026. NO CONTINUANCE OF ARBITRATION DEADLINE SHALL BE PERMITTED ABSENT A MOTION GRANTED BY THE COURT. FAILURE TO APPEAR AT SCHEDULED ARBITRATION MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. FAILURE TO COMPLY WITH ANY PORTION OF THIS COURT'S ORDERS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  3. TRIAL BY JURY SCHEDULED FOR 04/06/2026 AT 09:30 AM IS CANCELLED. JUDGE: JEFFREY P SAFFOLD (384) REASON: CASE REFERRED TO ARBITRATION (notice sent).
  4. NOTICE FILED BY D2 ALLSTATE NORTHBROOK INDEMNITY COMPANY ATTORNEY RANDY R ICE 0079449 NOTICE OF FAILURE OF PLAINTIFF TO COMPLY WITH COURT ORDER
  5. NORMA DESSAUSURE, AS ADMINISTRATOR OF THE ESTATE OF GERALD DESSAUSURE'S MOTION FOR SUBSTITUTION, FILED 01/19/2026, IS GRANTED. THE CLERK OF COURTS IS HEREBY ORDERED THAT NORMA DESSAUSURE, AS ADMINISTRATOR OF THE ESTATE OF GERALD DESSAUSURE BE SUBSTITUTED AS THE PROPER PLAINTIFF IN THIS ACTION. IT IS SO ORDERED. NOTICE ISSUED
  6. DEFENDANT ALLSTATE'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE AND RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS REMAIN PENDING. PLAINTIFF SHALL FORWARD RESPONSES TO THE REQUESTED DISCOVERY BY NO LATER THAN TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ORDER. FAILURE TO COMPLY WITH ANY PORTION OF THIS COURT'S ORDERS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  7. GENERAL PLEADING FILED BY P1 GERALD DESSAUSURE ATTORNEY CHRISTINE M. HAMMOND 0093647 PLAINTIFF'S RESPONSE TO DEFENDANT ALLSTATE NORTHBROOK INDEMNITY COMPANY'S MOTION TO DISMISS
  8. MOTION FILED FOR P1 GERALD DESSAUSURE CHRISTINE M. HAMMOND 0093647 PLAINTIFF'S MOTION FOR SUBSTITUTION
  9. SUGGESTION OF DEATH FILED BY P1 GERALD DESSAUSURE ATTORNEY CHRISTINE M. HAMMOND 0093647 NOTICE OF SUGGESTION OF DEATH
  10. DEFENDANT ALLSTATE'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE AND RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS AND TO CANCEL MEDIATION, FILED 01/06/2026, IS GRANTED IN PART. DEFENDANT'S MOTION TO CANCEL MEDIATION IS GRANTED. THE MEDIATION CURRENTLY SCHEDULED FOR 01/07/2026 IS HEREBY CANCELLED. DEFENDANT ALLSTATE'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE AND RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS REMAINS PENDING. RESPONSE AND REPLY DUE PER CIV.R.6(C). IF ANY SUBMITTED DOCUMENT EXCEEDS 25 PAGES, A HARD COPY OF THE COMPLETE DOCUMENT SHALL BE DELIVERED TO THE STAFF ATTORNEY DEPARTMENT, 11TH FLOOR IN JUSTICE CENTER. EMAIL FOR COURT STAFF ATTORNEY: [email protected]. FAILURE TO COMPLY WITH ANY PORTION OF THIS COURT'S ORDERS OR APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  11. MEDIATION SCHEDULED FOR 01/07/2026 AT 11:00 AM IS CANCELLED.
  12. MOTION TO DISMISS FILED DEFENDANT ALLSTATE'S MOTION TO DISMIOSS FOR FAILURE TO PROSECUTE AND RENEWED MOTION FOR JUDGMENT ON THE PLEADINGS AND TO CANCEL MEDIATION
  13. MEDIATION SET FOR 01/07/2026 AT 11:00 AM. (Notice Sent).
  14. GENERAL PLEADING FILED BY P1 GERALD DESSAUSURE ATTORNEY CHRISTINE M. HAMMOND 0093647 PLAINTIFF'S DISCLOSURE OF EXPERT WITNESSES
  15. DEFENDANT ALLSTATE NORTHBROOK INDEMNITY COMPANY'S MOTION TO COMPEL, FILED 09/04/2025, IS UNOPPOSED AND GRANTED. PLAINTIFF SHALL FORWARD RESPONSES TO THE REQUESTED DISCOVERY BY NO LATER THAN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER. FAILURE TO COMPLY WITH ANY PORTION OF THIS COURT'S ORDERS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  16. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. CASE TO BE MEDIATED BY NO LATER THAN 120 DAYS FROM THE DATE OF REFERRAL. NO CONTINUANCE OF MEDIATION DEADLINE SHALL BE PERMITTED ABSENT A MOTION GRANTED BY THE COURT. FAILURE TO APPEAR AT SCHEDULED MEDIATION MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  17. MOTION FILED FOR D2 ALLSTATE NORTHBROOK INDEMNITY COMPANY RANDY R ICE 0079449 DEFENDANT, ALLSTATE NORTHBROOK INDEMNITY COMPANY'S MOTION TO COMPEL
  18. D2 ALLSTATE NORTHBROOK INDEMNITY COMPANY'S MOTION FOR JUDGMENT ON THE PLEADINGS. RANDY R ICE 0079449 MOTION FOR JUDGMENT ON THE PLEADINGS
  19. CMC BY PHONE HELD ON 06/24/2025. ALL PARTIES APPEARED THROUGH COUNSEL AND AGREED TO THE FOLLOWING CASE SCHEDULE: DISCOVERY CUT-OFF IS 10/24/2025. ON 09/12/2025 THIS CASE IS TO BE REFERRED TO THE ADR DEPARTMENT FOR MEDIATION. CASE TO BE MEDIATED WITHIN 120 DAYS FROM THE DATE OF REFERRAL. NO CONTINUANCE OF MEDIATION DEADLINE SHALL BE PERMITTED ABSENT A MOTION GRANTED BY THE COURT. PLAINTIFF'S EXPERT REPORT DUE 10/24/2025. DEFENDANT'S EXPERT REPORT DUE 12/05/2025. DISPOSITIVE MOTION TO BE FILED BY 12/05/2025. RESPONSE AND REPLY DUE PER CIV.R.6(C). IF ANY SUBMITTED DOCUMENT EXCEEDS 25 PAGES, A HARD COPY OF THE COMPLETE DOCUMENT SHALL BE DELIVERED TO THE STAFF ATTORNEY DEPARTMENT, 11TH FLOOR IN JUSTICE CENTER. EMAIL FOR COURT STAFF ATTORNEY: [email protected]. FINAL PRETRIAL SET FOR 02/24/2026 AT 01:00 PM. COURTROOM 17-D. ALL PARTIES INCLUDING THOSE WITH SETTLEMENT AUTHORITY MUST BE PRESENT. PARTIES SHALL EXCHANGE LIST OF TRIAL WITNESSES 7 DAYS BEFORE THE FINAL PRETRIAL. ATTORNEYS SHOULD BE PREPARED TO FORMULATE TRIAL PLAN AND DISCUSS ISSUES ABOUT ADMISSIBILITY OF EVIDENCE. JURY TRIAL SET FOR 04/06/2026 AT 09:30 AM. COURTROOM 17-D. FULL TRIAL ORDER TO BE SET IF THE CASE DOES NOT SETTLE AT THE FINAL PRETRIAL OF THIS MATTER. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  20. CMC BY PHONE HELD ON 04/28/2025. PLAINTIFF AND DEFENDANT ALLSTATE NORTHBROOK INDEMNITY COMPANY APPEARED THROUGH COUNSEL. DEFENDANT KENNETH THOMAS APPEARED PRO SE. PLAINTIFF IS CURRENTLY IN THE SUBSTITUTION PROCESS. THE PARTIES AGREED TO THE FOLLOWING AMENDED CASE SCHEDULE: CMC BY PHONE SET FOR 06/24/2025 AT 10:00 AM. ALL PARTIES ARE TO CALL THE CONFERENCE CALL NUMBER 716-427-1108 AND ENTER ACCESS CODE 130004# AT THE SCHEDULED DATE AND TIME. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. PRIOR TO THE CMC, PARTIES MUST EXCHANGE INITIAL DISCLOSURES PURSUANT TO OHIO CIV. R. 26(B)(3) AND DRAFT A PROPOSED DISCOVERY PLAN PURSUANT TO OHIO CIV. R. 26(F). COUNSEL SHALL FILE WITH THE COURT THE PROPOSED DISCOVERY PLAN AND NOTICE OF INITIAL DISCLOSURES AT LEAST 24 HOURS IN ADVANCE OF THE CMC. IF THE PARTIES ARE UNABLE TO CONFER, PLAINTIFF SHALL PROVIDE EVIDENCE WITH THE COURT OF EFFORTS TO COMPLY WITH THIS ORDER. FAILURE TO DO SO MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. IT IS SO ORDERED. NOTICE ISSUED
  21. *** PLEASE CHECK: HTTPS://CPDOCKET.CP.CUYAHOGACOUNTY.US/TOS.ASPX AND ENTER THE LAST SIX DIGITS OF YOUR CASE NUMBER TO READ THE DOCKET FOR THE FULL TEXT OF THIS ENTRY. *** IF YOU HAVE BEEN SUED AS AN INDIVIDUAL DEFENDANT IN A CIVIL CASE: YOU MAY HIRE AN ATTORNEY OR YOU MAY REPRESENT YOURSELF. IF YOU REPRESENT YOURSELF YOU WILL BE REFERRED TO AS A PRO SE LITIGANT. A SELF-REPRESENTED OR PRO SE LITIGANT WILL BE HELD TO THE SAME STANDARD AS SOMEONE WHO HAS AN ATTORNEY. COURT PROCEDURES CAN BE COMPLEX. HELP IS AVAILABLE. EVEN IF YOU CANNOT AFFORD AN ATTORNEY YOU MAY QUALIFY FOR THE SERVICES OF A FREE OR LOW- COST ATTORNEY. THE CUYAHOGA COUNTY COMMON PLEAS COURT HAS A COURT RESOURCE CENTER: HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/COURT-RESOURCE-CENTER/ OR CALL (216) 443-8204. OR VISIT: 1.) WWW.OHIOLEGALHELP.ORG 2.) YOUR LOCAL BAR ASSOCIATION WWW.CLEMETROBAR.ORG (216-696-3532) 3.) THE LEGAL AID SOCIETY AT LASCLEV.ORG (216-687-1900) IF YOU ARE NOT ELIGIBLE FOR THE SERVICES OF A FREE OR LOW-COST ATTORNEY AND/OR IF YOU DECIDE TO REPRESENT YOURSELF, YOU ARE EXPECTED TO HAVE KNOWLEDGE OF THE LAW AND LEGAL PROCEDURES. FOR THE OHIO RULES OF PROCEDURE, EVIDENCE AND SUBSTANTIVE LAW VISIT THE SUPREME COURT OF OHIO WEB SITE AT WWW.SCONES.STATE.OH.US IN THE LAW LIBRARY & LEGAL RESOURCES SECTION. IT IS SO ORDERED. NOTICE ISSUED
  22. GENERAL PLEADING FILED BY D2 ALLSTATE NORTHBROOK INDEMNITY COMPANY ATTORNEY RANDY R ICE 0079449 DEFENDANT'S CIVIL RULE 26(B)(3)
  23. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR THOMAS/KENNETH/ 03/24/2025 17:02:01
  24. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR ICE/RANDY/R 03/24/2025 17:02:01
  25. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR BYERS/CHRISTOPHER/ 03/24/2025 17:02:01
  26. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HAMMOND/CHRISTINE/M. 03/24/2025 17:02:01
  27. CMC BY PHONE SET FOR 04/28/2025 AT 09:45 AM. ALL PARTIES COUNSELS ARE TO CALL THE CONFERENCE CALL NUMBER 716-427-1108 AND ENTER ACCESS CODE 130004# AT THE SCHEDULED DATE AND TIME. FAILURE OF THE PLAINTIFF TO APPEAR FOR THIS CMC WILL RESULT IN A DISMISSAL WITHOUT PREJUDICE. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND UNREPRESENTED PARTIES OF THE DATE, TIME AND CONFERENCE CALL DIRECTIONS. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. PRIOR TO THE CMC, PARTIES MUST EXCHANGE INITIAL DISCLOSURES PURSUANT TO OHIO CIV. R. 26(B)(3) AND DRAFT A PROPOSED DISCOVERY PLAN PURSUANT TO OHIO CIV. R. 26(F). COUNSEL SHALL FILE WITH THE COURT THE PROPOSED DISCOVERY PLAN AND NOTICE OF INITIAL DISCLOSURES AT LEAST 24 HOURS IN ADVANCE OF THE CMC. IF THE PARTIES ARE UNABLE TO CONFER, PLAINTIFF SHALL PROVIDE EVIDENCE WITH THE COURT OF EFFORTS TO COMPLY WITH THIS ORDER. FAILURE TO DO SO MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED.
  28. CMC BY PHONE SCHEDULED FOR 03/24/2025 AT 11:00 AM IS CANCELLED. JUDGE: JEFFREY P SAFFOLD (384) REASON: CMC BY PHONE TO BE CONTINUED BY AGREEMENT OF THE PARTIES (notice sent).
  29. DEPOSIT AMOUNT PAID RANDY R ICE
  30. ANSWER AND CROSSCLAIM $75 ANSWER AND CROSS-CLAIM OF DEFENDNAT ALLSTATE NORTHBROOK INDEMNITY COMPANY, WITH REQUEST FOR DEMAND FOR JUDGMENT AND NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
  31. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR ALLSTATE NORTHBROOK INDEMNITY COMPANY 02/25/2025 17:02:06
  32. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR THOMAS/KENNETH/ 02/25/2025 17:02:06
  33. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR BYERS/CHRISTOPHER/ 02/25/2025 17:02:06
  34. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HAMMOND/CHRISTINE/M. 02/25/2025 17:02:06
  35. CMC BY PHONE SET FOR 03/24/2025 AT 11:00 AM. ALL PARTIES COUNSELS ARE TO CALL THE CONFERENCE CALL NUMBER 716-427-1108 AND ENTER ACCESS CODE 130004# AT THE SCHEDULED DATE AND TIME. FAILURE OF THE PLAINTIFF TO APPEAR FOR THIS CMC WILL RESULT IN A DISMISSAL WITHOUT PREJUDICE. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND UNREPRESENTED PARTIES OF THE DATE, TIME AND CONFERENCE CALL DIRECTIONS. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. PRIOR TO THE CMC, PARTIES MUST EXCHANGE INITIAL DISCLOSURES PURSUANT TO OHIO CIV. R. 26(B)(3) AND DRAFT A PROPOSED DISCOVERY PLAN PURSUANT TO OHIO CIV. R. 26(F). COUNSEL SHALL FILE WITH THE COURT THE PROPOSED DISCOVERY PLAN AND NOTICE OF INITIAL DISCLOSURES AT LEAST 24 HOURS IN ADVANCE OF THE CMC. IF THE PARTIES ARE UNABLE TO CONFER, PLAINTIFF SHALL PROVIDE EVIDENCE WITH THE COURT OF EFFORTS TO COMPLY WITH THIS ORDER. FAILURE TO DO SO MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED.
  36. USPS RECEIPT NO. 55909895 DELIVERED BY USPS 02/03/2025 ALLSTATE NORTHBROOK INDEMNITY COMPANY PROCESSED BY COC 02/12/2025.
  37. USPS RECEIPT NO. 55909894 DELIVERED BY USPS 01/29/2025 THOMAS/KENNETH/ PROCESSED BY COC 02/05/2025.
  38. SUMS COMPLAINT(55909895) SENT BY CERTIFIED MAIL. TO: ALLSTATE NORTHBROOK INDEMNITY COMPANY C/O CT CORPORATION SYSTEM 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS, OH 43219
  39. SUMS COMPLAINT(55909894) SENT BY CERTIFIED MAIL. TO: KENNETH THOMAS 10102 ORLEANS AVENUE CLEVELAND, OH 44105
  40. WRIT FEE
  41. SUMMONS E-FILE COPY COST
  42. SUMMONS E-FILE COPY COST
  43. WRIT FEE
  44. JUDGE CARL J MAZZONE ASSIGNED (RANDOM); RE-FILED CASE, REASSIGNED TO ORIGINAL JUDGE, JUDGE JEFFREY P SAFFOLD
  45. JUDGE CARL J MAZZONE ASSIGNED (RANDOM)
  46. LEGAL RESEARCH
  47. LEGAL NEWS
  48. LEGAL AID
  49. COURT SPECIAL PROJECTS FUND
  50. COMPUTER FEE
  51. CLERK'S FEE
  52. DEPOSIT AMOUNT PAID CHRISTINE M. HAMMOND

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