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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-03-07
Status ACTIVE
Type Contract Real Estate
Docket 57 entries

Parties

Plaintiff Michael Misconin
Defendant Success Mortgage Partners, Inc. C/o Corporation Service Company|Blake Vanmeter|Andrew Cole
Photo of Hon. Jeffrey P Saffold

Judge

Hon. Jeffrey P Saffold

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. MC BY PHONE HELD ON 08/19/2025. ALL PARTIES APPEARED THROUGH COUNSEL AND AGREED TO THE FOLLOWING CASE SCHEDULE: DISCOVERY CUT-OFF IS 01/16/2026. ON 11/21/2025 THIS CASE IS TO BE REFERRED TO THE ADR DEPARTMENT FOR MEDIATION. CASE TO BE MEDIATED WITHIN 90 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 01/16/2026. DEFENDANT'S EXPERT REPORT DUE 03/06/2026. DISPOSITIVE MOTION TO BE FILED BY 03/27/2026. 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 06/09/2026 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 07/27/2026 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
  2. EFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, FILED 06/30/2025, IS DENIED. IN ORDER FOR A COURT TO DISMISS A COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (CIV. R. 12(B)(6)), IT MUST APPEAR BEYOND DOUBT FROM THE COMPLAINT THAT THE PLAINTIFF CAN PROVE NO SET OF FACTS ENTITLING HIM TO RECOVERY. O'BRIEN V. UNIV. COMMUNITY TENANTS UNION, INC., 42 OHIO ST.2D 242, 242, 327 N.E.2D 753 (1975). A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED IS PROCEDURAL AND TESTS THE SUFFICIENCY OF THE COMPLAINT. STATE EX REL. HANSON V. GUERNSEY CTY. BD. OF COMMRS., 65 OHIO ST.3D 545, 1992-OHIO-73, 605 N.E.2D 378. THE COURT MUST ACCEPT ALL FACTUAL ALLEGATIONS OF THE COMPLAINT AS TRUE AND ALL REASONABLE INFERENCES MUST BE DRAWN IN FAVOR OF THE NONMOVING PARTY. BYRD V. FABER (1991), 57 OHIO ST.3D 56, 565 N.E.2D 584, CITED BY ABDALLAH V. DOCTOR'S ASSOCS., 8TH DIST. CUYAHOGA NO. 89157, 2007-OHIO-6065, 2. "AS LONG AS THERE IS A SET OF FACTS, CONSISTENT WITH THE PLAINTIFF'S COMPLAINT, WHICH WOULD ALLOW THE PLAINTIFF TO RECOVER, THE COURT MAY NOT GRANT A DEFENDANT'S MOTION TO DISMISS." YORK V. OHIO STATE HWY. PATROL, 60 OHIO ST.3D 143, 145, 573 N.E.2D 1063 (1991), CITED BY WEILER V. TECHNIPOWER INC., 8TH DIST. CUYAHOGA NO. 111729, 2023-OHIO-465, 8. THE COURT, CONSIDERING THE PLEADINGS, CANNOT AT THIS TIME DETERMINE THAT IT APPEARS BEYOND DOUBT THAT PLAINTIFF CAN PROVE NO SET OF FACTS WARRANTING JUDGMENT IN HIS FAVOR ON ALL COUNTS OF THE AMENDED COMPLAINT. PLAINTIFF HAS SUFFICIENTLY PLEADED HIS COUNTS FOR VIOLATIONS OF THE OHIO CONSUMER SALES PRACTICES ACT PURSUANT TO R.C. 1345.01, ET SEQ., VIOLATIONS OF THE OHIO RESIDENTIAL MORTGAGE LOAN ACT PURSUANT TO R.C. 1322.01, ET SEQ. AND BREACH OF FIDUCIARY DUTY AGAINST DEFENDANTS. THE PLAINTIFF HAS ALLEGED A SET OF FACTS THAT, IF PROVEN, WOULD PLAUSIBLY ALLOW FOR RECOVERY. THE COURT ALSO FINDS THAT PLAINTIFF HAS SUFFICIENTLY PLEAD HIS CLAIMS PURSUANT TO CIV. R. 8(A). THEREFORE DEFENDANTS' MOTION TO DISMISS IS DENIED. IT IS SO ORDERED. NOTICE ISSUED
  3. EPLY BRIEF FILED BY DEFENDANT(S) SUCCESS MORTGAGE PARTNERS, INC.(D1), BLAKE VANMETER(D2) and ANDREW COLE(D3) TRACEY L TURNBULL 0066958 REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT
  4. ENERAL PLEADING FILED BY P1 MICHAEL MISCONIN ATTORNEY MICHAEL A SMITH, JR. 0097147 PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS
  5. OTION TO DISMISS FILED MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT
  6. MC BY PHONE HELD ON 06/17/2025. ALL PARTIES APPEARED THROUGH COUNSEL. PLAINTIFF RECENTLY FILED AN AMENDED COMPLAINT. THE COURT SET THE FOLLOWING AMENDED CASE SCHEDULE: CMC BY PHONE SET FOR 08/19/2025 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 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
  7. EFENDANTS' MOTION TO DISMISS, FILED 06/02/2025, IS DENIED AS MOOT. PLAINTIFF HAS FILED AN AMENDED COMPLAINT IN THIS MATTER. IT IS SO ORDERED. NOTICE ISSUED
  8. EFENDANTS' SUCCESS MORTGAGE PARTNERS, INC., BLAKE VANMETER, ANDREW COLE AND ATTORNEY TRACEY L. TURNBULL'S MOTION FOR PERMISSION TO APPEAR PRO HAC VICE, FILED 06/16/2025, IS GRANTED. ATTORNEY ALEXANDER ROGOSA IS HEREBY GRANTED PERMISSION TO APPEAR PRO HAC VICE AND PARTICIPATE AS CO-COUNSEL FOR THE MOVING DEFENDANT(S) IN THIS MATTER. THE CLERK OF COURTS IS HEREBY INSTRUCTED TO MAKE ALL NECESSARY CHANGES RESULTING FROM THIS ORDER. IT IS SO ORDERED. NOTICE ISSUED
  9. EPOSIT AMOUNT PAID MICHAEL A SMITH, JR.
  10. MENDED COMPLAINT $75 FIRST AMENDED COMPLAINT
  11. OTION FILED FOR DEFENDANT(S) SUCCESS MORTGAGE PARTNERS, INC.(D1), BLAKE VANMETER(D2) and ANDREW COLE(D3) TRACEY L TURNBULL 0066958 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE
  12. ENERAL PLEADING FILED BY P1 MICHAEL MISCONIN ATTORNEY MICHAEL A SMITH, JR. 0097147 RULE 26(F) CONFERENE REPORT AND DISCOVERY PLAN
  13. OTICE FILED BY P1 MICHAEL MISCONIN ATTORNEY MICHAEL A SMITH, JR. 0097147 NOTICE OF SERVICE OF INITIAL DISCLOSURES
  14. OTION TO DISMISS FILED
  15. OINT MOTION TO CONTINUE, FILED 05/07/2025, IS GRANTED. PURSUANT TO THE PARTIES' JOINT MOTION, DEFENDANTS ARE GRANTED LEAVE TO MOVE, ANSWER OR OTHERWISE PLEAD TO PLAINTIFF'S COMPLAINT UNTIL 06/02/2025. THE COURT SETS THE FOLLOWING AMENDED CASE SCHEDULE: CMC BY PHONE SET FOR 06/17/2025 AT 11:30 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. 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. IT IS SO ORDERED. NOTICE ISSUED
  16. ERTIFIED MAIL NUMBER 56331593 ADDRESSED TO BLAKE VANMETER(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  17. MC BY PHONE SCHEDULED FOR 05/12/2025 AT 10:15 AM IS CANCELLED. JUDGE: JEFFREY P SAFFOLD (384) REASON: JOINT MOTION TO CONTINUE WAS GRANTED. CMC BY PHONE TO BE RESET PURSUANT TO COURT ORDER (notice sent).
  18. 1 MICHAEL MISCONIN'S MOTION FOR CONTINUANCE MARC E DANN 0039425. ^F^ JOINT MOTION TO CONTINUE
  19. ON 05/04/2025 I SERVED THE WITHIN NAMED COLE/ANDREW/ BY SERVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. S.P.S.
  20. OTICE OF SUMMONS SERVICE RETURN FILED SPECIAL PROCESS SERVER RETURN OF SERVICE
  21. UMS COMPLAINT(56776677) SENT BY SPECIAL PROCESS SERVER. TO: ANDREW COLE 1288 NATALIE DR FENTON, MI 48430
  22. UMMONS E-FILE COPY COST
  23. RIT FEE
  24. EQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE
  25. LAINTIFF MICHAEL MISCONIN'S MOTION TO APPOINT PROCESS SERVER, FILED 04/21/2025, IS GRANTED. COREY RODGERS AND JESSICA DAVIS OF HARRIS INVESTIGATIONS, LLC ARE HEREBY APPOINTED AS PROCESS SERVERS TO SERVE PLAINTIFF'S COMPLAINT, EXHIBITS AND SUMMONS UPON DEFENDANT ANDREW COLE. THE CLERK OF COURTS IS HEREBY INSTRUCTED TO TAKE ALL NECESSARY ACTIONS RESULTING FROM THIS ORDER. IT IS SO ORDERED. NOTICE ISSUED
  26. OTION FILED FOR P1 MICHAEL MISCONIN MARC E DANN 0039425 MOTION TO APPOINT PROCESS SERVER
  27. LAINTIFF MICHAEL MISCONIN'S MOTION TO APPOINT PROCESS SERVER, FILED 04/21/2025, IS DENIED SUBJECT TO RECONSIDERATION. PLAINTIFF MUST FULLY COMPLY WITH CIV. R. 4.1(D) IN MOVING FOR AN ORDER APPOINTING PROCESS SERVER. IT IS SO ORDERED. NOTICE ISSUED
  28. OTION FILED FOR P1 MICHAEL MISCONIN MARC E DANN 0039425 MOTION TO APPOINT PROCESS SERVER
  29. ERTIFIED MAIL RECEIPT NO. 56331594 RETURNED 03/29/2025 FAILURE OF SERVICE ON DEFENDANT COLE/ANDREW/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  30. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR COLE/ANDREW/ 04/11/2025 17:02:18
  31. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR VANMETER/BLAKE/ 04/11/2025 17:02:18
  32. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR SUCCESS MORTGAGE PARTNERS, INC. 04/11/2025 17:02:18
  33. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR SMITH, JR./MICHAEL/A 04/11/2025 17:02:18
  34. CHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR DANN/MARC/E 04/11/2025 17:02:18
  35. MC BY PHONE SET FOR 05/12/2025 AT 10:15 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. URSUANT TO THE PARTIES' STIPULATIONS FOR LEAVE TO PLEAD, DEFENDANTS SUCCESS MORTGAGE PARTNERS, INC. AND BLAKE VANMETER ARE GRANTED LEAVE TO MOVE, ANSWER OR OTHERWISE PLEAD TO PLAINTIFF'S COMPLAINT UNTIL 05/12/2025. IT IS SO ORDERED. NOTICE ISSUED
  37. TIPULATION FOR LEAVE TO PLEAD FILED STIP FOR LEAVE SMP
  38. TIPULATION FOR LEAVE TO PLEAD FILED STIP FOR LEAVE BLAKE
  39. ERTIFIED MAIL RECEIPT NO. 56331594 RETURNED 3/29/2025 FAILURE OF SERVICE ON DEFENDANT COLE/ANDREW/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  40. SPS RECEIPT NO. 56331592 DELIVERED BY USPS 03/13/2025 SUCCESS MORTGAGE PARTNERS, INC. PROCESSED BY COC 03/19/2025.
  41. UMS COMPLAINT(56331594) SENT BY CERTIFIED MAIL. TO: ANDREW COLE 1288 NATALIE DR FENTON, MI 48430
  42. UMS COMPLAINT(56331593) SENT BY CERTIFIED MAIL. TO: BLAKE VANMETER 906 WILLIAMS AVE GRANDVIEW HEIGHTS, OH 43212
  43. UMS COMPLAINT(56331592) SENT BY CERTIFIED MAIL. TO: SUCCESS MORTGAGE PARTNERS, INC. 1160 DUBLIN ROAD STE 400 COLUMBUS, OH 43215
  44. UMMONS E-FILE COPY COST
  45. UMMONS E-FILE COPY COST
  46. UMMONS E-FILE COPY COST
  47. RIT FEE
  48. RIT FEE
  49. RIT FEE
  50. UDGE JEFFREY P SAFFOLD ASSIGNED (RANDOM)
  51. EGAL RESEARCH
  52. EGAL NEWS
  53. EGAL AID
  54. OURT SPECIAL PROJECTS FUND
  55. OMPUTER FEE
  56. LERK'S FEE
  57. EPOSIT AMOUNT PAID MARC E DANN

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