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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-13
Status INACTIVE
Type Tort M.v. Accident
Docket 44 entries

Parties

Plaintiff James G. Lowery
Defendant Timothy Gustincic|Allstate Insurance Company
Photo of Hon. Richard a Bell

Judge

Hon. Richard a Bell

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. JUDGMENT ENTRY(58592180) SENT BY EMAIL. TO: APRIL L PROCTOR HANLIN [email protected]
  3. JUDGMENT ENTRY(58592179) SENT BY EMAIL. TO: APRIL L PROCTOR HANLIN [email protected]
  4. JUDGMENT ENTRY(58592178) SENT BY EMAIL. TO: JEANETTE D. POTTS [email protected]
  5. JUDGMENT ENTRY(58592177) SENT BY EMAIL. TO: DANIEL A ROMAINE [email protected]
  6. PURSUANT TO PARTIES' STIPULATION FOR DISMISSAL, FILED 10/29/2025, CASE IS DISMISSED WITH PREJUDICE. COSTS TO DEFENDANT TIMOTHY GUSTINCIC. PLAINTIFF IS RESPONSIBLE FOR PAYING OR RESOLVING ANY AND ALL LIENS AND/OR SUBROGATION INTERESTS FOR MEDICAL BILLS. NOTWITHSTANDING THIS DISMISSAL, THE COURT RETAINS JURISDICTION OVER THIS CASE FOR THE PURPOSE OF ENFORCING THE TERMS OF SETTLEMENT, INCLUDING THE RESOLUTION OF ANY LIENS. 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
  7. STIPULATION FILED BY D1 TIMOTHY GUSTINCIC ATTORNEY APRIL L PROCTOR HANLIN 0084471 STIPULATION FOR DISMISSAL AND JE
  8. REFUND BALANCE OF CASE COST DEPOSIT TO PROGRESSIVE HOUSE COUNSEL - CLEVELAND
  9. CASE REFUND TO NAGER, ROMAINE & SCHNEIBERG CO., LPA
  10. JUDGMENT ENTRY(57823849) SENT BY EMAIL. TO: APRIL L PROCTOR HANLIN [email protected]
  11. JUDGMENT ENTRY(57823848) SENT BY EMAIL. TO: APRIL L PROCTOR HANLIN [email protected]
  12. JUDGMENT ENTRY(57823847) SENT BY EMAIL. TO: VINCENT D. SCEBBI [email protected]
  13. JUDGMENT ENTRY(57823846) SENT BY EMAIL. TO: JEANETTE D. POTTS [email protected]
  14. JUDGMENT ENTRY(57823845) SENT BY EMAIL. TO: DANIEL A ROMAINE [email protected]
  15. UPON ADVICE OF COUNSEL, THE PARTIES HAVE RESOLVED ALL CLAIMS. ON OR BEFORE 10/14/2025, PARTIES' SHALL FILE A DISMISSAL ENTRY. FAILURE TO FILE A DISMISSAL ENTRY BY THE DEADLINE, OR OBTAIN AN EXTENSION TO THE DISMISSAL ENTRY DEADLINE VIA MOTION WITH THE COURT, SHALL RESULT IN A DISMISSAL WITHOUT PREJUDICE WITH COSTS ASSIGNED TO PLAINTIFF(S). ALL FUTURE DATES ARE CANCELLED AND PENDING MOTIONS, IF ANY, ARE RENDERED MOOT. 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. MEDIATION SCHEDULED FOR 08/18/2025 AT 11:00 AM IS CANCELLED.
  17. MEDIATION SET FOR 08/18/2025 AT 11:00 AM. (Notice Sent).
  18. NOTICE FILED BY D2 ALLSTATE INSURANCE COMPANY ATTORNEY JEANETTE D. POTTS 0083464 DEFENDANT ALLSTATE INSURANCE COMPANY'S NOTICE OF SERVICE OF RESPONSES TO DISCOVERY
  19. CMC BY PHONE HELD ON 04/16/2025. PLAINTIFF AND DEFENDANT TIMOTHY GUSTINCIC PARTICIPATED THROUGH COUNSEL. THE COURT SETS THE FOLLOWING LITIGATION SCHEDULE: FACT DISCOVERY CUTOFF 07/11/2025. PLAINTIFF'S EXPERT REPORT DUE 07/11/2025. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. PARTIES TO MEDIATE ON OR BEFORE 08/08/2025. DEFENDANTS' EXPERT REPORT DUE 09/12/2025. FINAL PRETRIAL SET FOR 11/06/2025 AT 01:00 PM. COUNSEL OF RECORD MUST BE PRESENT. IF THERE IS MORE THAN THE ONE COUNSEL OF RECORD, THE LEAD ATTORNEY MUST BE PRESENT. AT LEAST ONE WEEK BEFORE THE FINAL PRETRIAL, PARTIES SHALL EXCHANGE DEMANDS AND OFFERS. IN ADDITION TO COUNSEL OF RECORD, PARTIES MUST APPEAR IN-PERSON. ALL INDIVIDUALS WITH FULL AND FINAL SETTLEMENT AUTHORITY MUST BE PRESENT AT THE FINAL PRETRIAL. FOR DEFENDING PARTIES WITH INSURANCE, AN INSURANCE REPRESENTATIVE WITH FULL AND FINAL SETTLEMENT AUTHORITY MUST APPEAR IN-PERSON. THE INSURANCE REPRESENTATIVE MUST HAVE AUTHORITY UP TO AND INCLUDING THE MOST RECENT DEMAND. FOR DEFENDING PARTIES THAT ARE BUSINESS ENTITIES, THE REPRESENTATIVE APPEARING IN-PERSON MUST HAVE AUTHORITY UP TO AND INCLUDING THE MOST RECENT DEMAND. IF BUSINESS ENTITY HAS AFFIRMATIVE CLAIMS, THE REPRESENTATIVE APPEARING IN PERSON MUST HAVE AUTHORITY TO LOWER THEIR DEMAND AT THE FINAL PRETRIAL. COUNSEL OF RECORD, CLIENT AND/OR REPRESENTATIVES' FAILURE TO APPEAR MAY RESULT IN THE COURT SETTING A SHOW CAUSE HEARING. SANCTIONS MAY INCLUDE DISMISSAL WITHOUT PREJUDICE OR JUDGMENT BY DEFAULT. EACH PARTY SHALL SUBMIT A PRETRIAL STATEMENT AT LEAST SEVEN (7) DAYS IN ADVANCE OF THE FINAL PRETRIAL SETTING FORTH THE FOLLOWING: (1) STATEMENT OF FACTS AND LEGAL ISSUES; (2) STATEMENT OF REAL FACTUAL AND LEGAL ISSUES IN DISPUTE; (3) STIPULATIONS; (4) LIST OF NON-EXPERT TRIAL WITNESSES WITH A BRIEF SUMMARY OF EXPECTED TESTIMONY; (5) LIST OF EXPERT TRIAL WITNESSES WITH REPORTS ATTACHED; (6) SPECIAL LEGAL PROBLEMS ANTICIPATED; (7) ESTIMATED LENGTH OF TRIAL; (8) PRETRIAL MOTIONS CONTEMPLATED; (9) SPECIAL EQUIPMENT NEEDS FOR TRIAL. COURTROOM 21D. TRIAL BY JURY SET FOR 12/08/2025 AT 09:00 AM. MOTIONS IN LIMINE ARE DUE 28 DAYS PRIOR TO THE START OF TRIAL AND RESPONSES MAY BE SERVED WITHIN 14 DAYS AFTER SERVICE OF THE MOTIONS. NO REPLY SHALL BE PERMITTED. NO LATER THAN 14 DAYS BEFORE THE TRIAL DATE, THE COURT MUST RECEIVE FROM THE PARTIES AGREED UPON PROPOSED JURY INSTRUCTIONS, JURY INTERROGATORIES, JURY VERDICT FORMS, TRIAL BRIEFS, WITNESS LISTS, AND STIPULATIONS. THE PARTIES ARE ALSO TO EXCHANGE PROPOSED EXHIBITS 7 DAYS PRIOR TO TRIAL. PARTIES SHOULD LABEL ALL TRIAL EXHIBITS AND INDICATE ANY JOINT EXHIBITS ACCORDINGLY. PARTIES SHOULD PROVIDE THE COURT WITH COURTESY COPIES OF ALL EXHIBITS ON THE DAY OF THE TRIAL; TRIAL EXHIBITS SHOULD BE CONTAINED IN A BINDER. OBJECTIONS TO TESTIMONIAL DEPOSITIONS THAT REQUIRE RULINGS FROM THE COURT ARE TO BE GIVEN TO THE COURT AT LEAST THREE (3) BUSINESS DAYS BEFORE THE SCHEDULED TRIAL DATE. COUNSEL PROPOSING TO USE THE DEPOSITION TESTIMONY SHALL FILE A BRIEF IN SUPPORT WITHIN TWO (2) BUSINESS DAYS AFTER THE OBJECTIONS ARE FILED OR INDICATE AN AGREEMENT TO DELETE THE PORTION FOR WHICH THERE IS AN OBJECTION. THE COURT MUST BE PROVIDED WITH A COMPLETE WRITTEN TRANSCRIPT OF THE DISPUTED DEPOSITIONS. COURTROOM 21D. FAILURE TO APPEAR AT COURT SCHEDULED EVENTS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF ALL AFFIRMATIVE CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT BY DEFAULT. NOTICE ISSUED
  20. CMC BY PHONE HELD ON 04/10/2025. DEFENDANTS PARTICIPATED THROUGH COUNSEL. PLAINTIFF DID NOT APPEAR. FAILURE TO APPEAR AT COURT SCHEDULED EVENTS MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL OF ALL AFFIRMATIVE CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT BY DEFAULT. CMC BY PHONE SET FOR 04/16/2025 AT 11:30 AM. PLAINTIFF'S COUNSEL IS TO INITIATE THE TELEPHONE CALL TO DEFENSE COUNSEL AND THEN CONFERENCE IN THE COURT'S STAFF ATTORNEY AT (216) 443-8581. COUNSEL MAY ALSO PROVIDE INFORMATION TO FACILITATE A CONFERENCE CALL. NOTICE ISSUED
  21. PURSUANT TO SUPERINTENDENCE RULE 36, THIS MATTER IS REASSIGNED TO THE DOCKET OF JUDGE RICHARD A BELL (378) (MANUAL). REFILE OF CASE CV 23 977482. NOTICE ISSUED
  22. CMC BY PHONE SET FOR 04/10/2025 AT 11:00 AM. PLAINTIFF'S COUNSEL IS TO INITIATE THE TELEPHONE CALL TO DEFENSE COUNSEL AND THEN CONFERENCE IN THE COURT'S STAFF ATTORNEY AT (216) 443-8581. COUNSEL MAY ALSO PROVIDE INFORMATION TO FACILITATE A CONFERENCE CALL. NOTICE ISSUED
  23. CMC BY PHONE SCHEDULED FOR 04/03/2025 AT 10:00 AM IS CANCELLED.
  24. ANSWER FILED BY D1 TIMOTHY GUSTINCIC ATTORNEY APRIL L PROCTOR HANLIN 0084471 DEFENDANT TIMOTHY GUSTINCIC'S ANSWER TO ALLSTATE INSURANCE COMPANY'S CROSS-CLAIM
  25. DEPOSIT AMOUNT PAID JEANETTE D. POTTS
  26. ANSWER AND CROSSCLAIM $75 ANSWER OF DEFENDANT ALLSTATE INSURANCE COMPANY WITH CROSSCLAIM, REQUEST FOR DEMAND FOR JUDGMENT AND NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
  27. ANSWER FILED BY D1 TIMOTHY GUSTINCIC ATTORNEY APRIL L PROCTOR HANLIN 0084471 ANSWER OF TIMOTHY GUSTINCIC TO PLAINTIFF'S COMPLAINT
  28. CMC BY PHONE SET FOR 04/03/2025 AT 10:00 AM CASE MANAGEMENT CONFERENCE (CMC) WILL BE CONDUCTED BY TELEPHONE WITH THE COURT'S STAFF ATTORNEY. PLAINTIFF'S COUNSEL SHALL INITIATE CONFERENCE CALL WITH ALL OTHER PARTIES AND CONTACT THE COURT'S STAFF ATTORNEY, JAYNE JAKUBAITIS (216-443-8611) PROMPTLY AT THE APPOINTED TIME. PARTIES SHALL HAVE THEIR CALENDARS AVAILABLE AND BE PREPARED TO DISCUSS SERVICE ISSUES, DISCOVERY PROGRESS, SCHEDULING MATTERS, AND ALTERNATIVE DISPUTE RESOLUTION OPTIONS. THE PARTIES SHOULD NOT WAIT FOR THE CMC BEFORE BEGINNING TO CONDUCT DISCOVERY. ANY PARTY WHO FAILS TO PARTICIPATE IN THE CMC WILL BE DEEMED TO HAVE ACCEPTED THE SCHEDULING ORDER ESTABLISHED BY THE COURT. PARTIES MAY REQUEST THAT THE CASE MANAGEMENT CONFERENCE BE HELD IN PERSON WITH THE COURT BY FILING A MOTION AT LEAST SEVEN DAYS PRIOR TO THE SCHEDULED CASE MANAGEMENT CONFERENCE. NOTICE ISSUED
  29. USPS RECEIPT NO. 56162100 DELIVERED BY USPS 02/24/2025 ALLSTATE INSURANCE COMPANY PROCESSED BY COC 03/05/2025.
  30. USPS RECEIPT NO. 56162099 DELIVERED BY USPS 02/28/2025 GUSTINCIC/TIMOTHY/ PROCESSED BY COC 03/05/2025.
  31. SUMS COMPLAINT(56162100) SENT BY CERTIFIED MAIL. TO: ALLSTATE INSURANCE COMPANY 75 EXECUTIVE PARKWAY HUDSON, OH 44237
  32. SUMS COMPLAINT(56162099) SENT BY CERTIFIED MAIL. TO: TIMOTHY GUSTINCIC 492 RUTH STREET GENEVA, OH 44041
  33. SUMMONS E-FILE COPY COST
  34. SUMMONS E-FILE COPY COST
  35. WRIT FEE
  36. WRIT FEE
  37. JUDGE BRENDAN J SHEEHAN ASSIGNED (RANDOM)
  38. LEGAL RESEARCH
  39. LEGAL NEWS
  40. LEGAL AID
  41. COURT SPECIAL PROJECTS FUND
  42. COMPUTER FEE
  43. CLERK'S FEE
  44. DEPOSIT AMOUNT PAID VINCENT D. SCEBBI

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