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Case Information
Filed
2025-03-24
Status
ACTIVE
Type
Miscellaneous Other
Docket
24 entries
Parties
Plaintiff
Downtown Properties, Ltd
Defendant
Ol Usa Llc
Lawyers
Docket Entries
- ASE FILED: COMPLAINT
- MC SET FOR 07/08/2025 IS CONTINUED DUE TO THE COURT'S UNAVAILABILITY AND RESET AS FOLLOWS: CMC BY PHONE SET FOR 07/30/2025 AT 10:00 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. 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. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED
- NSWER FILED BY D1 OL USA LLC ATTORNEY JOHN W. BREIG 0096767 DEFENDANT OL USA LLC'S ANSWER TO PLAINTIFF DOWNTOWN PROPERTIES, LTD.'S COMPLAINT
- EFENDANT OL USA LLC'S MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION UNDER CIV. R. 12(B)(6), FILED 04/29/2025, IS DENIED. THE COURT HAS CONSIDERED DEFENDANT'S MOTION FILED 04/29/2025, PLAINTIFF'S BRIEF IN OPPOSITION FILED 05/13/2025, AND DEFENDANT'S REPLY BRIEF FILED 05/20/2025. DEFENDANT HAS MOVED TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO CIV. RULE 12(B)(6). "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT. THUS, THE MOVANT MAY NOT RELY ON ALLEGATIONS OR EVIDENCE OUTSIDE THE COMPLAINT; SUCH MATTERS MUST BE EXCLUDED, OR THE MOTION MUST BE TREATED AS A MOTION FOR SUMMARY JUDGMENT. 'THE FACTUAL ALLEGATIONS OF THE COMPLAINT AND ITEMS PROPERLY INCORPORATED THEREIN MUST BE ACCEPTED AS TRUE. FURTHERMORE, THE PLAINTIFF MUST BE AFFORDED ALL REASONABLE INFERENCES POSSIBLY DERIVED THEREFROM.' IT MUST APPEAR BEYOND DOUBT THAT PLAINTIFF CAN PROVE NO SET OF FACTS ENTITLING HER TO RELIEF." VOLBERS-KLARICH V. MIDDLETOWN MGMT., 125 OHIO ST.3D 494, 497 (2010), CITING CIV.R. 12(B), QUOTING MITCHELL V. LAWSON MILK CO., 40 OHIO ST.3D 190, 192 (1988), OTHER INTERNAL CITATIONS OMITTED. HAVING CONSTRUED THE MATERIAL ALLEGATIONS IN THE PLEADINGS WITH REASONABLE INFERENCES TO BE DRAWN THEREFROM IN FAVOR OF THE NON-MOVING PARTY, THE COURT FINDS THAT PLAINTIFF'S COMPLAINT STATES FACTS DEMONSTRATING VIABLE CLAIMS FOR RELIEF. AS SUCH, THE COURT FINDS THAT DISMISSAL OF PLAINTIFF'S COMPLAINT IS NOT PROPER AND MOVANT IS NOT ENTITLED TO JUDGMENT AS A MATTER OF LAW PURSUANT TO CIV. R. 12(B)(6) NOTICE ISSUED
- MC BY PHONE SET FOR 07/08/2025 AT 10:30 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. 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. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED
- MC BY PHONE SCHEDULED FOR 05/29/2025 AT 02:30 PM IS CANCELLED.
- EPLY BRIEF FILED BY D1 OL USA LLC JOHN W. BREIG 0096767 DEFENDANT OL USA LLC'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS
- RIEF IN OPPOSITION FILED BY P1 DOWNTOWN PROPERTIES, LTD DONALD A MAUSAR 0065328 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
- LAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE A BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, FILED 05/01/2025, IS GRANTED. BRIEF IN OPPOSITION TO BEFILED ON OR BEFORE 06/02/2025. NOTICE ISSUED
- OTION FOR EXTENSION OF TIME PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE A BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS
- OTION TO DISMISS FILED DEFENDANT OL USA LLC'S MOTION TO DISMISS
- MC BY PHONE SET FOR 05/29/2025 AT 02:30 PM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. 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. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED
- SPS RECEIPT NO. 56477458 DELIVERED BY USPS 04/02/2025 OL USA LLC PROCESSED BY COC 04/09/2025.
- UMS COMPLAINT(56477458) SENT BY CERTIFIED MAIL. TO: OL USA LLC 265 POST AVENUE, SUITE 333 WESTBURY, NY 11590
- UMMONS E-FILE COPY COST
- RIT FEE
- UDGE SHERRIE MIDAY ASSIGNED (RANDOM)
- EGAL RESEARCH
- EGAL NEWS
- EGAL AID
- OURT SPECIAL PROJECTS FUND
- OMPUTER FEE
- LERK'S FEE
- EPOSIT AMOUNT PAID WELTMAN WEINBERG & REIS CO., L.P.A.
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