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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-03-03
Status ACTIVE
Type Tort Other Malpractice
Docket 69 entries

Parties

Plaintiff Estate Of David Emil Rainer Through Estate Representative Audrey Rainer
Defendant Highland Pointe Health & Rehab Center Aka High Pointe Health & Rehab Center Llc|Saber Healthcare Holdings, Llc C/o Registered Agent Gregory Nicoluzakis|Saber Governance Llc C/o Registered Agent Gregory Nicoluzakis|Shg Management Llc C/o Registered Agent Gregory Nicoluzakis|Bnv Dynasty, Llc C/o Registered Agent Benjamin N. Folpe|Shh Holdings Llc C/o Registered Agent Gregory Nicoluzakis|Wiw Dynasty, Llc C/o Registered Agent Gregory Nicoluzakis|Wwbv Holdings Llc C/o Registered Agent Gregory Nicoluzakis
Photo of Hon. Kira Krivosh

Judge

Hon. Kira Krivosh

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, MOTION
  2. REPLY BRIEF FILED BY P1 ESTATE OF DAVID EMIL RAINER WILLIAM B. EADIE 0085627 PLAINTIFF'S REPLY IN SUPPORT OF PLAINTIFF'S MOTION TO CONSOLIDATE ACTIONS
  3. BRIEF IN OPPOSITION FILED BY DEFENDANT(S) HIGHLAND POINTE HEALTH & REHAB CENTER(D1), SABER HEALTHCARE HOLDINGS, LLC(D2), SABER GOVERNANCE LLC(D3), SHG MANAGEMENT LLC(D4), BNV DYNASTY, LLC(D5), SHH HOLDINGS LLC(D6), WIW DYNASTY, LLC(D7) and WWBV HOLDINGS LLC(D8) LESLIE MOORE JENNY 0067145 HIGHLAND POINTE DEFENDANTS' BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO CONSOLIDATE
  4. MOTION TO CONSOLIDATE FILED PLAINTIFF'S MOTION TO CONSOLIDATE ACTIONS
  5. DEFENDANTS' MOTION TO STAY AND ENFORCE ARBITRATION, FILED 03/07/2025 IS DENIED. OPINION AND ORDER ATTACHED. OSJ. IT IS SO ORDERED. NOTICE ISSUED
  6. COURT REPORTER ALLOWED $180.00 RECEIVED FOR FILING.
  7. OBJECTION FILED BY DEFENDANT(S) HIGHLAND POINTE HEALTH & REHAB CENTER(D1), SABER HEALTHCARE HOLDINGS, LLC(D2), SABER GOVERNANCE LLC(D3), SHG MANAGEMENT LLC(D4), BNV DYNASTY, LLC(D5), SHH HOLDINGS LLC(D6), WIW DYNASTY, LLC(D7) and WWBV HOLDINGS LLC(D8) ATTORNEY LESLIE MOORE JENNY 0067145 DEFENDANTS' OBJECTION TO PLAINTIFF'S SUPPLEMENTAL AUTHORITY
  8. NOTICE FILED BY P1 ESTATE OF DAVID EMIL RAINER ATTORNEY WILLIAM B. EADIE 0085627 PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY
  9. EVIDENTIARY HEARING ON DEFENDANTS' MOTION TO STAY AND ENFORCE ARBITRATION AGREEMENT HELD ON 07/11/2025. JUDGE KIRA KRIVOSH PRESIDING. COURT REPORTER PRESENT. ATTORNEY WILLIAM EADIE APPEARED ON BEHALF OF PLAINTIFF. ATTORNEY LESLIE JENNY APPEARED ON BEHALF OF DEFENDANTS. BOTH PARTIES ORALLY DELIVERED ARGUMENTS AND REBUTTALS. NO WITNESSES WERE PRESENT. DEFENDANTS CONCEDED THAT THE WRONGFUL DEATH CLAIM IS NOT ARBITRABLE. OPINION TO FOLLOW. IT IS SO ORDERED. NOTICE ISSUED
  10. COURT REPORTER FEE
  11. HEARING SCHEDULED FOR 07/11/2025 AT 01:00 PM IS CANCELLED.
  12. HEARING SET FOR 07/11/2025 AT 02:30 PM. (Notice Sent).
  13. CMC BY PHONE HELD ON 06/18/2025. ALL PARTIES APPEARED THROUGH COUNSEL AND AGREED TO THE FOLLOWING HEARING DATE FOR THE MOTION TO COMPEL ARBITRATION: HEARING SET FOR 07/11/2025 AT 01:00 PM. HEARING ON MOTION TO COMPEL ARBITRATION. COURTROOM 20-C. IT IS SO ORDERED. NOTICE ISSUED
  14. CASE CALLED FOR STATUS CONFERENCE ON 05/29/2025. PLAINTIFF FAILED TO APPEAR. DEFENDANT APPEARED THROUGH COUNSEL. CASE TO PROCEED AS SCHEDULED. IT IS SO ORDERED. NOTICE ISSUED
  15. PLAINTIFF'S MOTION TO FILE SURREPLY INSTANTER TO DEFENDANT'S REPLY IN SUPPORT OF D'S MOTION TO STAY AND ENFORCE ARBITRATION AGREEMENT, FILED 04/02/2025, IS GRANTED. STATUS CONFERENCE SET FOR 05/29/2025 AT 01:30 PM. PURPOSE OF CALL IS TO SET HEARING DATE FOR PENDING MOTION. PARTIES TO CALL 1-605-313-5788 AND ENTER ACCESS CODE 8179340# AT THE SCHEDULED TIME. IT IS SO ORDERED. NOTICE ISSUED
  16. CMC BY PHONE SET FOR 06/18/2025 AT 02:15 PM PARTIES TO CALL 1-605-313-5788 AND ENTER ACCESS CODE 8179340# AT THE SCHEDULED TIME. COUNSEL FOR PLAINTIFF TO INFORM ALL PRO SE PARTIES, IN WRITING, OF THIS DATE AND TIME. COUNSEL REQUIRED TO BE FAMILIAR WITH UNDERLYING FACTS OF THE CASE. PRO SE PARTIES (PARTIES NOT REPRESENTED BY COUNSEL) MUST PARTICIPATE AND ARE REQUIRED TO FILE PHONE NUMBER, PHYSICAL ADDRESS, AND EMAIL ADDRESS WITH THE COURT AT LEAST 24 HOURS PRIOR TO THE CMC. FAILURE OF ANY PARTY TO PARTICIPATE IN ANY PROPERLY SCHEDULED COURT EVENT WILL RESULT IN A CASE SCHEDULE BEING SET WITHOUT THEIR INPUT, AND SANCTIONS INCLUDING BUT NOT LIMITED TO DISMISSAL OF THE CASE OR JUDGMENT RENDERED. DISCOVERY TO START IMMEDIATELY. PARTIES TO PREPARE DEMAND AND OFFER OF SETTLEMENT. IT IS SO ORDERED. NOTICE ISSUED
  17. NOTICE FILED BY P1 ESTATE OF DAVID EMIL RAINER ATTORNEY WILLIAM B. EADIE 0085627 PLAINTIFF'S NOTICE OF FILING AFFIDAVIT OF MERIT OF KAPIL GULATI, MD
  18. CERTIFIED MAIL NUMBER 56272207 ADDRESSED TO HIGHLAND POINTE HEALTH & REHAB CENTER(D1) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  19. MOTION FILED FOR P1 ESTATE OF DAVID EMIL RAINER WILLIAM B. EADIE 0085627 PLAINTIFF'S MOTION TO FILE SURREPLY INSTANTER TO DEFENDANT'S REPLY IN SUPPORT OF D'S MOTION TO STAY AND ENFORCE ARBITRATION AGREEMENT
  20. REPLY BRIEF FILED BY DEFENDANT(S) HIGHLAND POINTE HEALTH & REHAB CENTER(D1), SABER HEALTHCARE HOLDINGS, LLC(D2), SABER GOVERNANCE LLC(D3), SHG MANAGEMENT LLC(D4), BNV DYNASTY, LLC(D5), SHH HOLDINGS LLC(D6), WIW DYNASTY, LLC(D7) and WWBV HOLDINGS LLC(D8) LESLIE MOORE JENNY 0067145 DEFTS' REPLY IN SUPPORT OF MOTION TO STAY AND ENFORCE ARBITRATION AGREEMENT
  21. USPS RECEIPT NO. 56272210 DELIVERED BY USPS 03/17/2025 SABER GOVERNANCE LLC PROCESSED BY COC 03/26/2025.
  22. BRIEF IN OPPOSITION FILED BY P1 ESTATE OF DAVID EMIL RAINER WILLIAM B. EADIE 0085627 PLAINTIFF'S BRIEF IN OPPOSITION TO HIGHLAND POINTE DEFENDANTS' MOTION TO STAY AND ENFORCE ARBITRATION AGREEMENT AND REQUEST FOR EVIDENTIARY HEARING
  23. USPS RECEIPT NO. 56272215 DELIVERED BY USPS 03/10/2025 WWBV HOLDINGS LLC PROCESSED BY COC 03/19/2025.
  24. USPS RECEIPT NO. 56272214 DELIVERED BY USPS 03/10/2025 WIW DYNASTY, LLC PROCESSED BY COC 03/19/2025.
  25. USPS RECEIPT NO. 56272213 DELIVERED BY USPS 03/10/2025 SHH HOLDINGS LLC PROCESSED BY COC 03/19/2025.
  26. USPS RECEIPT NO. 56272211 DELIVERED BY USPS 03/10/2025 SHG MANAGEMENT LLC PROCESSED BY COC 03/19/2025.
  27. USPS RECEIPT NO. 56272209 DELIVERED BY USPS 03/10/2025 SABER HEALTHCARE HOLDINGS, LLC PROCESSED BY COC 03/19/2025.
  28. USPS RECEIPT NO. 56272208 DELIVERED BY USPS 03/10/2025 HIGHLAND POINTE HEALTH & REHAB CENTER PROCESSED BY COC 03/19/2025.
  29. CERTIFIED MAIL RECEIPT NO. 56272212 RETURNED 3/10/2025 FAILURE OF SERVICE ON DEFENDANT BNV DYNASTY, LLC - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  30. MOTION FILED FOR DEFENDANT(S) HIGHLAND POINTE HEALTH & REHAB CENTER(D1), SABER HEALTHCARE HOLDINGS, LLC(D2), SABER GOVERNANCE LLC(D3), SHG MANAGEMENT LLC(D4), BNV DYNASTY, LLC(D5), SHH HOLDINGS LLC(D6), WIW DYNASTY, LLC(D7) and WWBV HOLDINGS LLC(D8) LESLIE MOORE JENNY 0067145 DEFTS HIGHLAND POINTE HEALTH & REHAB, SABER HEALTHCARE HOLDINGS ET AL'S MOTION TO STAY AND ENFORCE ARB AGT
  31. ANSWER FILED BY DEFENDANT(S) HIGHLAND POINTE HEALTH & REHAB CENTER(D1), SABER HEALTHCARE HOLDINGS, LLC(D2), SABER GOVERNANCE LLC(D3), SHG MANAGEMENT LLC(D4), BNV DYNASTY, LLC(D5), SHH HOLDINGS LLC(D6), WIW DYNASTY, LLC(D7) and WWBV HOLDINGS LLC(D8) ATTORNEY LESLIE MOORE JENNY 0067145 ANSWER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT
  32. PLAINTIFF'S AMENDED MOTION FOR EXTENSION OF TIME TO FILE AFFIDAVIT OF MERIT, FILED 03/06/2025, IS GRANTED. PLAINTIFF HAS AN ADDITIONAL 90 DAYS FROM ORIGINAL DEADLINE TO FILE AFFIDAVIT OF MERIT. IT IS SO ORDERED. NOTICE ISSUED
  33. MOTION FOR EXTENSION OF TIME PLAINTIFF'S AMENDED MOTION FOR EXTENSION OF TIME TO FILE AFFIDAVIT OF MERIT
  34. SUMS COMPLAINT(56272215) SENT BY CERTIFIED MAIL. TO: WWBV HOLDINGS LLC 23700 COMMERCE PARK BEACHWOOD, OH 44122
  35. SUMS COMPLAINT(56272214) SENT BY CERTIFIED MAIL. TO: WIW DYNASTY, LLC 23700 COMMERCE PARK BEACHWOOD, OH 44122
  36. SUMS COMPLAINT(56272213) SENT BY CERTIFIED MAIL. TO: SHH HOLDINGS LLC 23700 COMMERCE PARK BEACHWOOD, OH 44122
  37. SUMS COMPLAINT(56272212) SENT BY CERTIFIED MAIL. TO: BNV DYNASTY, LLC 2638 FAIRMOUNT BLVD. CLEVELAND HEIGHTS, OH 44106
  38. SUMS COMPLAINT(56272211) SENT BY CERTIFIED MAIL. TO: SHG MANAGEMENT LLC 23700 COMMERCE PARK BEACHWOOD, OH 44122
  39. SUMS COMPLAINT(56272210) SENT BY CERTIFIED MAIL. TO: SABER GOVERNANCE LLC 23700 COMMERCE PARK BEACHWOOD, OH 44122
  40. SUMS COMPLAINT(56272209) SENT BY CERTIFIED MAIL. TO: SABER HEALTHCARE HOLDINGS, LLC 23700 COMMERCE PARK BEACHWOOD, OH 44122
  41. SUMS COMPLAINT(56272208) SENT BY CERTIFIED MAIL. TO: HIGHLAND POINTE HEALTH & REHAB CENTER C/O GREGORY NICOLUZAKIS, REG. AG. 23700 COMMERCE PARK BEACHWOOD, OH 44122-0000
  42. SUMS COMPLAINT(56272207) SENT BY CERTIFIED MAIL. TO: HIGHLAND POINTE HEALTH & REHAB CENTER 402 GOLF VIEW LANE HIGHLAND HEIGHTS, OH 44143
  43. SUMMONS E-FILE COPY COST
  44. SUMMONS E-FILE COPY COST
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. SUMMONS E-FILE COPY COST
  48. SUMMONS E-FILE COPY COST
  49. WRIT FEE
  50. WRIT FEE
  51. WRIT FEE
  52. WRIT FEE
  53. WRIT FEE
  54. WRIT FEE
  55. SUMMONS E-FILE COPY COST
  56. SUMMONS E-FILE COPY COST
  57. SUMMONS E-FILE COPY COST
  58. WRIT FEE
  59. WRIT FEE
  60. WRIT FEE
  61. PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE AFFIDAVIT OF MERIT
  62. JUDGE KIRA KRIVOSH ASSIGNED (RANDOM)
  63. LEGAL RESEARCH
  64. LEGAL NEWS
  65. LEGAL AID
  66. COURT SPECIAL PROJECTS FUND
  67. COMPUTER FEE
  68. CLERK'S FEE
  69. DEPOSIT AMOUNT PAID WILLIAM B. EADIE

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