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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-01-24
Status INACTIVE
Type Tort M.v. Accident
Docket 38 entries

Parties

Plaintiff John F. Yee
Defendant Kenneth A. Acres|Melinda S. Acres|John Doe #1 (employer Whose Actual Name Is Unknown And Whose Name And Address The Plaintiff Could Not Discover)
Photo of Hon. Ashley Kilbane

Judge

Hon. Ashley Kilbane

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: COMPLAINT, SERVICE REQUEST
  2. JUDGMENT ENTRY(59373588) SENT BY EMAIL. TO: ANDY NUNEZ SANCHEZ [email protected]
  3. JUDGMENT ENTRY(59373587) SENT BY EMAIL. TO: ANDY NUNEZ SANCHEZ [email protected]
  4. JUDGMENT ENTRY(59373586) SENT BY EMAIL. TO: JOSEPHINE V PROKOP [email protected]
  5. JUDGMENT ENTRY(59373585) SENT BY EMAIL. TO: JOSEPHINE V PROKOP [email protected]
  6. BY STIPULATION OF THE PARTIES, CASE DISMISSED WITH PREJUDICE. COSTS ASSESSED TO DEFENDANT KENNETH ACRES. 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 DEFENDANT(S) KENNETH A. ACRES(D1) and MELINDA S. ACRES(D2) ATTORNEY JOSEPHINE V PROKOP 0028383 STIPULATION FOR DISMISSAL AND JUDGMENT ENTRY
  8. THE COURT HAS BEEN ADVISED BY COUNSEL THAT CASE IS SETTLED. COUNSEL TO FILE A CONSENT JUDGMENT ENTRY, NOTICE, OR STIPULATION OF DISMISSAL WITHIN 45 DAYS OF JOURNALIZATION OF THIS ENTRY. COUNSEL TO ADDRESS MATTER OF COSTS. NOTICE ISSUED
  9. FINAL PRETRIAL SCHEDULED FOR 12/16/2025 AT 02:00 PM IS CANCELLED.
  10. TRIAL BY JURY SCHEDULED FOR 01/26/2026 AT 09:00 AM IS CANCELLED.
  11. MEDIATION HEARING HELD. CASE DID NOT SETTLE AND IS RETURNED TO THE DOCKET OF JUDGE ASHLEY KILBANE (374). NOTICE ISSUED
  12. NOTICE FILED BY P1 JOHN F. YEE ATTORNEY ANDY NUNEZ SANCHEZ 0101234 PLAINTIFF'S NOTICE OF SERVICE OF DISCOVERY RESPONSES AND INITIAL DISCLOSURES UPON DEFENDANTS
  13. MEDIATION SET FOR 09/18/2025 AT 09:00 AM. (Notice Sent).
  14. CMC BY PHONE HELD ON 05/14/2025. THE PARTIES APPEARED THROUGH COUNSEL. STATUS OF THE CASE DISCUSSED AND THE FOLLOWING DEADLINES SET: FACT DISCOVERY TO BE COMPLETED BY 08/15/2025. 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. PLAINTIFF'S EXPERT REPORT DUE 09/30/2025. DEFENDANT'S EXPERT REPORT DUE 10/31/2025. DISPOSITIVE MOTION TO BE FILED BY 10/17/2025. 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 12/16/2025 AT 02:00 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. JURY TRIAL SET FOR 01/26/2026 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. DAUBERT MOTIONS CHALLENGING PURPOSED EXPERT TESTIMONY SHALL BE FILED AT LEAST FORTY-FIVE (45) DAYS BEFORE TRIAL. THE PARTY CHALLENGING THE PROPOSED EXPERT TESTIMONY SHALL FILE A COMPLETE COPY OF THE EXPERT'S REPORT(S) AND COMPLETE DEPOSITION TRANSCRIPTS, IF THE EXPERT WAS DEPOSED. 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. JURY INSTRUCTIONS AND INTERROGATORIES. PROPOSED JURY INSTRUCTIONS AND JURY INTERROGATORIES ARE DUE SEVEN (7) DAYS BEFORE TRIAL. COUNSEL AND PRO SE PARTIES SHALL CONFER REGARDING JURY INSTRUCTIONS AND INTERROGATORIES IN ORDER TO SUBMIT A JOINT PROPOSED SET OF JURY INSTRUCTIONS AND INTERROGATORIES. IF ANY DISAGREEMENT REMAINS, THE PARTIES SHALL HIGHLIGHT DISAGREEMENTS TO THE COURT. THE PROPOSED JURY INSTRUCTIONS AND INTERROGATORIES SHALL BE SUBMITTED IN MICROSOFT WORD FORMAT TO THE COURT'S STAFF ATTORNEY. FURTHER, THE PARTIES ARE ENCOURAGED TO SUBMIT A JOINT STATEMENT OF THE CASE TO BE READ TO THE JURY. THE PARTIES SHALL ALSO SUBMIT A JOINT LIST OF POTENTIAL WITNESSES AND/OR PARTIES INVOLVED IN THE CASE FOR THE COURT TO INQUIRE FROM POTENTIAL JURORS WHETHER THEY ARE FAMILIAR WITH ANY OF THE LISTED INDIVIDUALS. 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. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO PLACE PLACE BETWEEN MID-AUGUST AND MID-SEPTEMBER 2025. NOTICE ISSUED
  15. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR JOHN DOE #1 03/25/2025 17:01:56
  16. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR PROKOP/JOSEPHINE/V 03/25/2025 17:01:56
  17. SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR SANCHEZ/ANDY/NUNEZ 03/25/2025 17:01:56
  18. CMC BY PHONE SET FOR 05/14/2025 AT 02:00 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.
  19. GENERAL PLEADING FILED BY DEFENDANT(S) KENNETH A. ACRES(D1) and MELINDA S. ACRES(D2) ATTORNEY JOSEPHINE V PROKOP 0028383 REQUEST FOR A SPECIFIC AMOUNT OF DAMAGES
  20. GENERAL PLEADING FILED BY DEFENDANT(S) KENNETH A. ACRES(D1) and MELINDA S. ACRES(D2) ATTORNEY JOSEPHINE V PROKOP 0028383 RULE 26(B)(3) INITIAL DISCLOSURES
  21. ANSWER FILED BY DEFENDANT(S) KENNETH A. ACRES(D1) and MELINDA S. ACRES(D2) ATTORNEY JOSEPHINE V PROKOP 0028383 ANSWER OF DEFENDANTS KENNETH A. ACRES AND MELINDA S. ACRES
  22. NOTICE OF APPEARANCE, FILED DEFENDANT(S) KENNETH A. ACRES(D1) and MELINDA S. ACRES(D2) JOSEPHINE V PROKOP 0028383. NOTICE OF APPEARANCE OF COUNSEL
  23. USPS RECEIPT NO. 55958763 DELIVERED BY USPS 02/01/2025 ACRES/MELINDA/S. PROCESSED BY COC 02/05/2025.
  24. USPS RECEIPT NO. 55958762 DELIVERED BY USPS 02/01/2025 ACRES/KENNETH/A. PROCESSED BY COC 02/05/2025.
  25. SUMS COMPLAINT(55958763) SENT BY CERTIFIED MAIL. TO: MELINDA S. ACRES 4072 HILLTOP DR. BRUNSWICK, OH 44212
  26. SUMS COMPLAINT(55958762) SENT BY CERTIFIED MAIL. TO: KENNETH A. ACRES 4072 HILLTOP DR. BRUNSWICK, OH 44212
  27. SUMMONS E-FILE COPY COST
  28. WRIT FEE
  29. WRIT FEE
  30. SUMMONS E-FILE COPY COST
  31. JUDGE ASHLEY KILBANE ASSIGNED (RANDOM)
  32. LEGAL RESEARCH
  33. LEGAL NEWS
  34. LEGAL AID
  35. COURT SPECIAL PROJECTS FUND
  36. COMPUTER FEE
  37. CLERK'S FEE
  38. DEPOSIT AMOUNT PAID ANDY NUNEZ SANCHEZ

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