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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-12
Status ACTIVE
Type Consumer Debt
Docket 44 entries

Parties

Plaintiff Discover Bank
Defendant China S Hewston
Photo of Hon. Ashley Kilbane

Judge

Hon. Ashley Kilbane

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT
  2. DEFENDANT'S AMENDED MOTION TO VACATE JUDGMENT AND TO STAY ENFORCEMENT 02/13/2026, IS GRANTED. THE JUDGMENT ENTERED BY THE COURT ON 11/26/2025 IS VACATED AS THE COMPLAINT WAS NOT SERVED UPON DEFENDANT AT THE PROPER ADDRESS. PLAINTIFF SHALL RESERVE THE COMPLAINT UPON DEFENDANT AT HER CURRENT ADDRESS AS INDICATED ON THE COURT'S DOCKET. THIS CASE IS REINSTATED AND A CMC BY PHONE IS SET AS FOLLOWS: CMC BY PHONE SET FOR 05/05/2026 AT 11:15 AM. PURSUANT TO LOCAL RULE 21, PART I, THE COURT WILL CONDUCT A CASE MANAGEMENT CONFERENCE. DISCOVERY SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL ATTENDING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER. PLAINTIFF'S COUNSEL SHALL INITIATE THE CONFERENCE CALL WITH ALL OTHER PARTIES AND CONTACT THE COURT AT THE APPOINTED TIME AT 216-443-8618. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY PROGRESS AND SCHEDULING MATTERS, ETC. COUNSEL AND UNREPRESENTED PARTIES SHALL FOLLOW THE DISCOVERY PROCEDURES OUTLINED IN CIVIL RULE 26(F) IN PREPARATION FOR THE CASE MANAGEMENT CONFERENCE. NOTICE ISSUED
  3. JUDGMENT AMT: $10,119.37 RENDERED BY: CP CUYAHOGA ORIGINATING CASE NO.: CV25111892 JUDGMENT LIEN CASE#: JL26335802 CREDITOR: DISCOVER BANK DEBTOR: CHINA S HEWSTON INTEREST AT: 8% INTEREST FROM DATE: 11/26/2025 COSTS: 0.00 JUDGMENT DATE: 11/26/2025 DOCKET (JOURNAL): IMAGE PAGE: IMAGE TIME FILED: 02/27/2026 13:47:38 LIEN COST: 25 PAID BY: WELTMAN WEINBERG & REIS CO., L.P.A. SERIAL NUMBER: ACCOUNT NUMBER:
  4. AFFIADVIT OF CHINA S. HEWSTON . PRO SE (9999999)
  5. AMENDED MOTION TO VACATE JUDGMENT AND TO STAY ENFORCEMENT CHINA S HEWSTON(9999999)
  6. DEPOSIT AMOUNT PAID
  7. REFUND BALANCE OF CASE COST DEPOSIT TO CAPITAL ONE N.A. SBM TO DISCOVER BANK
  8. MOTION FILED FOR P1 DISCOVER BANK GRANT MARSHALL 0105137 MOTION FOR SUBSTITUTION OF COUNSEL
  9. JUDGMENT ENTRY(58833538) SENT BY REGULAR MAIL SERVICE. TO: CHINA S HEWSTON 27304 HICKORY CT EUCLID, OH 44132-0000
  10. JUDGMENT ENTRY(58833537) SENT BY EMAIL. TO: DAVID MULLEN [email protected]
  11. JUDGMENT ENTRY(58833536) SENT BY EMAIL. TO: SEAN M. WINTERS [email protected]
  12. JUDGMENT ENTRY(58833535) SENT BY EMAIL. TO: KRIS K VELAYUDHAN [email protected]
  13. JUDGMENT ENTRY(58833534) SENT BY EMAIL. TO: KRIS K VELAYUDHAN [email protected]
  14. MOTION FOR SUMMARY JUDGMENT FILED MSJ, FILED 10/24/2025, IS UNOPPOSED AND GRANTED. THE COURT HEREBY RENDERS JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT(S) IN THE PRINCIPAL AMOUNT OF $10,119.37 TOGETHER WITH INTEREST FROM THE DATE OF JUDGMENT AT THE STATUTORY RATE OF 8.00% PER ANNUM AND COSTS. IT IS SO ORDERED COURT COSTS ASSESSED TO THE DEFENDANT(S). 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
  15. FINAL PRETRIAL SCHEDULED FOR 01/22/2026 AT 01:00 PM IS CANCELLED.
  16. TRIAL SCHEDULED FOR 02/25/2026 AT 09:00 AM IS CANCELLED.
  17. MOTION FOR SUMMARY JUDGMENT FILED MSJ
  18. MOTION FOR DEFAULT JUDGMENT, FILED 06/13/2025, IS DENIED. COURT GRANTS DEFENDANT LEAVE TO FILE AN ANSWER. ANSWER DEEMED FIILED ON 07/07/2025. NOTICE ISSUED
  19. CMC BY PHONE HELD ON 08/14/2025. THE PARTIES APPEARED THROUGH COUNSEL. STATUS OF THE CASE DISCUSSED AND THE FOLLOWING DEADLINES SET: FACT DISCOVERY TO BE COMPLETED BY 10/17/2025. APPEARED THROUGH COUNSEL. STATUS OF THE CASE DISCUSSED AND THE FOLLOWING DEADLINES SET: FACT DISCOVERY TO BE COMPLETED BY 00/00/0000. IF A DISCOVERY DISPUTE ARISES, THE PARTIES SHALL CONFER TELEPHONICALLY OR IN-PERSON. IF AFTER A GOOD-FAITH ATTEMPT TO RESOLVE THE ISSUES A DISPUTE REMAINS, THE PARTIES SHOULD CONTACT THE COURT'S STAFF ATTORNEY BY EMAIL WITH A SUGGESTED DATE AND TIME FOR A ZOOM CONFERENCE WITH THE COURT, AND INCLUDE A BRIEF DESCRIPTION OF THE ISSUES TO BE DISCUSSED. THEREAFTER, THE COURT MAY ORDER BRIEFING. DISPOSITIVE MOTION TO BE FILED BY 11/17/2025. DISPOSITIVE MOTIONS SHALL INCLUDE BRIEFING AS TO THE THEORY OF LIABILITY, MATERIAL FACTS, AND OTHER MATERIAL INFORMATION, SUCH AS CONTROLLING LAW OR THE EXISTENCE AND APPLICATION OF A CHOICE OF LAW PROVISION. RESPONSES DUE PER CIVIL RULE 6(C). ALL DEPOSITION PAGES THAT ARE CITED SHALL BE ATTACHED TO THE MOTIONS AND BRIEFS. IF A MOTION EXCEEDS 50 PAGES, THE PARTIES SHALL PROVIDE A HARD COPY TO THE COURT'S STAFF ATTORNEY ON THE 11TH FLOOR. FINAL PRETRIAL SET FOR 01/22/2026 AT 01:00 PM. THE COURT HOLDS FINAL PRETRIAL CONFERENCES BY ZOOM, UNLESS THE COURT ORDERS OR THE PARTIES REQUEST AN IN-PERSON FINAL PRETRIAL CONFERENCE AT LEAST TWO WEEKS IN ADVANCE. UNLESS ORDERED OTHERWISE, ONLY COUNSEL WILL BE PERMITTED ON THE ZOOM CALL WITH COURT. CLIENTS AND ADJUSTERS MUST BE READILY AVAILABLE TO COUNSEL BY PHONE. THE PARTIES SHALL EACH FILE A FINAL PRETRIAL STATEMENT SEVEN (7) DAYS BEFORE THE FINAL PRETRIAL AND SHALL INCLUDE THE FOLLOWING: - A BRIEF STATEMENT OF FACTS AND LEGAL ISSUES; - STIPULATIONS; - LIST OF WITNESSES WITH BRIEF SUMMARY OF EXPECTED TESTIMONY; - LIST OF EXHIBITS EXPECTED TO BE USED A TRIAL; - ANY ANTICIPATED UNIQUE LEGAL ISSUES; - AN ESTIMATED LENGTH OF TRIAL; - ANY CONTEMPLATED PRETRIAL MOTIONS; AND - SPECIAL EQUIPMENT OR POTENTIAL LOGISTICAL REQUESTS. THE COURT'S STAFF ATTORNEY WILL EMAIL A ZOOM LINK TO COUNSEL PRIOR TO THE FINAL PRETRIAL. BENCH TRIAL SET FOR 02/25/2026 AT 09:00 AM. COUNSEL AND PRO SE PARTIES ARE DIRECTED TO SUP.R. 41 AND LOC.R. 17 REGARDING CONTINUANCE OF TRIAL. TRIAL BRIEFS DUE ONE DAY BEFORE TRIAL. MOTIONS IN LIMINE SHALL BE FILED TWENTY-ONE (21) DAYS BEFORE THE START OF TRIAL. RESPONSES DUE PURSUANT TO CIV. R. 6(C). NO REPLIES ARE PERMITTED. AFTER THE DEADLINE FOR RESPONSES, COUNSEL AND PRO SE PARTIES SHALL CONFER TO RESOLVE THE MOTIONS IN LIMINE, AND, AT LEAST (3) DAYS PRIOR TO TRIAL, THE PARTIES SHALL FILE A JOINT NOTICE INFORMING THE COURT WHICH MOTIONS IN LIMINE ARE UNOPPOSED OR RESOLVED, AND WHICH REMAIN OPPOSED. DEPOSITIONS, AUDIOVISUAL OR TRANSCRIPTS, TO BE PROFFERED AT TRIAL. ANY PARTY WISHING TO PROFFER DEPOSITION TESTIMONY AT TRIAL IN LIEU OF THE DEPONENT'S ATTENDANCE SHALL EXCHANGE SUCH DEPOSITION TESTIMONY BY COUNSEL AT LEAST THIRTY (30) DAYS IN ADVANCE OF TRIAL. THE PARTIES SHALL MEET TELEPHONICALLY OR IN PERSON TO DISCUSS ANY OBJECTIONS TO THE PROFFERED TESTIMONY. IF ANY DISPUTES RELATING TO THE TESTIMONY REMAIN AFTER THE GOOD FAITH CONFERENCE, THE PARTIES SHALL SEND HARD COPIES OF THEIR RESPECTIVE DESIGNATIONS WITH OBJECTIONS EITHER ANNOTATED IN THE MARGINS OR OUTLINED IN A SEPARATE DOCUMENT TO THE COURT'S STAFF ATTORNEY AT LEAST FOURTEEN (14) DAYS IN ADVANCE OF TRIAL. THE PARTIES MAY INCLUDE A BRIEF STATEMENT FOR CONTEXT FOR THE OBJECTIONS IF NECESSARY. COUNSEL AND PRO SE PARTIES ARE EXPECTED TO BE FAMILIAR WITH THE OHIO RULES OF CIVIL PROCEDURE, THE LOCAL RULES, THIS COURT'S STANDING CIVIL ORDER, WHICH CAN BE FOUND ON THE COURT'S WEBSITE, AND ANY OTHER ORDERS OF THIS COURT. NOTICE ISSUED
  20. CMC BY PHONE SET FOR 08/14/2025 AT 11:15 AM. PURSUANT TO LOCAL RULE 21, PART I, THE COURT WILL CONDUCT A CASE MANAGEMENT CONFERENCE. DISCOVERY SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL ATTENDING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER. PLAINTIFF'S COUNSEL SHALL INITIATE THE CONFERENCE CALL WITH ALL OTHER PARTIES AND CONTACT THE COURT AT THE APPOINTED TIME AT 216-443-8618. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY PROGRESS AND SCHEDULING MATTERS, ETC. COUNSEL AND UNREPRESENTED PARTIES SHALL FOLLOW THE DISCOVERY PROCEDURES OUTLINED IN CIVIL RULE 26(F) IN PREPARATION FOR THE CASE MANAGEMENT CONFERENCE NOTICE ISSUED
  21. ANSWER OF CHINA HEWSTON . PRO SE (9999999)
  22. AFFIDAVIT FILED BY P1 DISCOVER BANK ATTORNEY SEAN M. WINTERS 0084612 MILITARY AFFIDAVIT
  23. MOTION FOR DEFAULT JUDGMENT MDJ
  24. A REVIEW OF THE DOCKET SHOWS THAT DEFENDANT HAS FAILED TO FILE AN ANSWER AND THUS IS IN DEFAULT. PLAINTIFF SHALL FILE A MOTION FOR DEFAULT JUDGMENT WITHIN TWO (2) WEEKS OF THE DATE OF THIS ORDER, OR CASE WILL BE DISMISSED FOR WANT OF PROSECUTION. DEFAULT HEARING SET FOR 07/11/2025 AT 09:00 AM. THE DEFAULT HEARING WILL NOT BE HELD IN PERSON OR BY TELEPHONE. THE COURT'S DECISION SHALL BE BASED UPON THE PARTIES' MOTIONS, PLEADINGS AND EVIDENCE IN THE RECORD. IN ORDER FOR THE DEFAULT HEARING TO GO FORWARD, PLAINTIFF MUST PROVIDE TO THE COURT: (1) A JUDGMENT ENTRY; (2) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT ACCORDING TO STATUTE AND RULES, SERVICE REQUIREMENTS WERE MET; (3) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT A SEARCH HAS BEEN CONDUCTED AND DEFENDANT IS NOT A CURRENT MEMBER OF THE MILITARY; AND (4) AN AFFIDAVIT SIGNED BY THE PLAINTIFF, OR PLAINTIFF'S REPRESENTATIVE, PROVING DAMAGES. ALL EVIDENCE AND REQUIRED DOCUMENTATION SHALL BE FILED NO LATER THAN SEVEN (7) DAYS PRIOR TO THE HEARING DATE. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. NOTICE ISSUED
  25. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR HEWSTON/CHINA/S 04/13/2025 17:02:04
  26. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR MULLEN/DAVID/ 04/13/2025 17:02:04
  27. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR WINTERS/SEAN/M. 04/13/2025 17:02:04
  28. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR VELAYUDHAN/KRIS/K 04/13/2025 17:02:04
  29. CMC BY PHONE SET FOR 06/11/2025 AT 03:00 PM. PURSUANT TO LOCAL RULE 21, PART I, THE COURT WILL CONDUCT A CASE MANAGEMENT CONFERENCE. DISCOVERY SCHEDULE, AMOUNT IN CONTROVERSY, EXCHANGE OF EXPERT REPORTS, DATE FOR FINAL PRETRIAL CONFERENCE, REFERRAL TO ARBITRATION, ETC., SHALL BE RESOLVED AND INCLUDED IN A BINDING DECREE AND ORDER FORMALIZED. ALL COUNSEL ATTENDING SHALL HAVE FULL AUTHORITY TO ENTER INTO A BINDING CASE MANAGEMENT ORDER . PLAINTIFF'S COUNSEL SHALL INITIATE THE CONFERENCE CALL WITH ALL OTHER PARTIES AND CONTACT THE COURT AT THE APPOINTED TIME AT 216-443-8618. PARTIES SHALL BE PREPARED TO DISCUSS DISCOVERY PROGRESS AND SCHEDULING MATTERS, ETC. COUNSEL AND UNREPRESENTED PARTIES SHALL FOLLOW THE DISCOVERY PROCEDURES OUTLINED IN CIVIL RULE 26(F) IN PREPARATION FOR THE CASE MANAGEMENT CONFERENCE.
  30. SUMS COMPLAINT(56553235) SENT BY REGULAR MAIL SERVICE. TO: CHINA S HEWSTON 391 E 152ND ST CLEVELAND, OH 44110 ANSWER DATE: 04/30/2025
  31. WRIT FEE
  32. REQUEST FOR SERVICE FILED REISSUANCE VIA ORDINARY MAIL
  33. CERTIFIED MAIL RECEIPT NO. 56147690 RETURNED 3/13/2025 FAILURE OF SERVICE ON DEFENDANT HEWSTON/CHINA/S - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  34. SUMS COMPLAINT(56147690) SENT BY CERTIFIED MAIL. TO: CHINA S HEWSTON 391 E 152ND ST CLEVELAND, OH 44110
  35. SUMMONS E-FILE COPY COST
  36. WRIT FEE
  37. JUDGE ASHLEY KILBANE 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 DAVID MULLEN

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