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Case Information

Filed 2025-06-30
Status CASE CLOSED
Type Other Civil
Docket 42 entries
Disposition judgment

Parties

Plaintiff Mcfarland, Ryan
Defendant Matthew Watson Re/max Preferred|Graber, Nick
Photo of Hon. SCHMENK JOSEPH N

Judge

Hon. SCHMENK JOSEPH N

Defiance County (OH)

Ohio

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Lawyers

Docket Entries

  1. (DR) CHECK ISSUED TO: RYAN MCFARLAND RETURN ORIGINAL DEPOSIT LESS COSTS Check issued: Check #41845 $152.22 Payable to: RYAN MCFARLAND
  2. CIVIL COMPLAINT FILED Receipt: 181282 Date: Attorney: PRO-SE
  3. MOTION FOR TEMPORARY INJUNCTION AND REQUEST FOR EMERGENCY RELIEF Attorney: PRO-SE
  4. MEMORANDUM IN SUPPORT Attorney: PRO-SE
  5. ISSUED SUMMONS W/ COPY OF COMPLAINT, MOTION FOR TEMPORARY INJUNCTION AND MEMORANDUM IN SUPPORT TO THE FOLLOWING BY CERT MAIL Issue Date: Service: SUMMONS ON COMPLAINT Method: CERTIFIED MAILER Cost Per: 0.0000 MATTHEW WATSON RE/MAX PREFERRED DEFAULT ADDRESS 3306 EXECUTIVE PKWY SUITE 101 Toledo, OH 43606 Tracking Number: 9414726699042240222292 NICK GRABER DEFAULT ADDRESS 13962 FOUNTAIN ST SHERWOOD, OH 43556 Tracking Number: 9414726699042240222308 Receipt: 182530 Date:
  6. POSTAGE Receipt: 182530 Date:
  7. COPIES FOR SERVICE Receipt: 182530 Date:
  8. INTERROGATORIES, REQUESTES FOR ADMISSIONS AND PRODUCTION OF DOCUMENTS
  9. SUCCESSFUL SERVICE Method : CERTIFIED MAILER Issued : Service : SUMMONS ON COMPLAINT Served : Return : on : MATTHEW WATSON RE/MAX PREFERRED Signed By : THERESA DANDY Reason : SUCCESSFUL SERVICE Comment : Tracking #: 9414726699042240222292
  10. DEFENDANTS' RESPONSE TO PLAINTIFF'S PLEADINGS WITH EXHIBIT Attorney: YODER, THOMAS A
  11. NOTICE OF HEARING Notice (Civil) Sent On: 16:54:09
  12. UNSUCCESSFUL Method : CERTIFIED MAILER Issued : Service : SUMMONS ON COMPLAINT Served : Return : on : GRABER, NICK Signed By : Reason : UNSUCCESSFUL Comment : UNABLE TO FORWARD Tracking #: 9414726699042240222308
  13. MOTION FOR SUMMARY JUDGMENT AND DEMAND THE PLAINTIFF FILE A SECURITY BOND Attorney: YODER, THOMAS A
  14. MOTION TO CONTINUE Attorney: YODER, THOMAS A
  15. MOTION TO SUBMIT AFFIDAVIT OF COSTS AND REQUEST FOR MONETARY RELIEF Attorney: PRO-SE
  16. PLAINTIFF'S MOTION TO STRIKE AND FOR PROTECTIVE ORDER DUE TO OPPOSING COUNSEL'S UNPROFESSIONAL CONDUCT Attorney: PRO-SE
  17. AFFIDAVIT Attorney: PRO-SE
  18. PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES ADN FOR SANCTIONS AND TO COMPEL INDENTIFICATION OF OUTSIDE ATTORNEY Attorney: PRO-SE
  19. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Attorney: PRO-SE
  20. PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Attorney: PRO-SE
  21. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT Attorney: PRO-SE
  22. MOTION TO EXTEND TIME TO RESPOND TO DISCOVERY REQUESTS FOR PURPOSE OF RETAINING COUNSEL Attorney: PRO-SE
  23. PLAINTIFF'SS COMPLETE RESPONSES TO DEFENDANTS' INTERROGATORIES, REQUESTS FOR PRODUCTION AND REQUESTS FOR ADMISSIONS WITH EXHIBITS Attorney: PRO-SE
  24. NOTICE OF LIS PENDENS Attorney: PRO-SE
  25. COPIES of Complaint and Lis Pendens per request Receipt: 182530 Date:
  26. CERTIFICATION of Complaint and Lis Pendens per request Receipt: 182530 Date:
  27. NOTICE OF HEARING Notice (Criminal) Sent On: 15:01:16
  28. JUDGMENT ENTRY: UPON DEFENDANT'S MOTION TO CONTINUE, MOTION IS WELL TAKEN AND IS HEREBY GRANTED. IT IS THEREFORE ORDERED THAT FOR GOOD CAUSE SHOWN THE HEARING SET FOR AUGUST 19, 2025 IS RESET FOR AUGUST 18, 2025 AT 11:00 AM Attorney: YODER, THOMAS A Receipt: 182530 Date:
  29. MOTION FOR SUMMARY JUDGMENT Attorney: YODER, THOMAS A
  30. PLAINTIFF'S PRE-HEARING BRIEF AND SUPPORTING MEMORANDUM IN SUPPORT OF CONTRACTUAL CLAIMS AN FILED MOTIONS Attorney: PRO-SE
  31. STENO FEE STENO Sent On: 11:40:22 Receipt: 182530 Date: 09/08/2025
  32. Legal Description of property referenced in Notice of Lis Pendens on 8/6/2025
  33. STENO FEE STENO Sent On: 11:03:30 Receipt: 182530 Date: 09/08/2025
  34. REGULAR MAIL RETURNED. ENCLOSED DOCUMENT ISSUED BY DEFIANCE COMMON PLEAS
  35. JUDGMENT ENTRY: THIS MATTER CAME BEFORE THE COURT FOR HEARING ON AUGUST 18, 2025 ON ALL PENDING MOTIONS, INCLUDING THE MOTION FOR TEMPORARY INJUNCTION AND REQUEST FOR EMERGENCY RELIEF. THE COURT FINDS MULTIPLE MOTIONS HAD BEEN FILED AND DUE TO THE TIME-SENSATIVE NATURE OF THE MATTERS, THE COURT ORIGINALLY SCHEDULED THE HEARING ON ALL MOTIONS FOR AUGUST 19, 2025. HOWEVER, UPON DERENDANT'S MOITON TO CONTINUE, CITING A SCHEDULING CONFLICT, THE COURT REASSIGNED THE HEARING TO AUGUST 18, 2025. A NOTICE OF HEARING WAS MAILED TO PLAINTIFF AND DEFENDANTS. DEFENDENTS WERE PRESENT WITH COUNSEL. PLAINTIFF FAILED TO APPEAR. UPON REQUEST, TESTIMONY AND EVIDENCE WERE PRESENTED TO THE COURT AND THE MATTER WAS TAKEN UNDER ADVISEMENT. ON AUGUST 19, 2025, PLTFF APPEART AT THE PREVIOUSLY SCHEDULED HEARING TIME. ON THAT DATE, THE COURT ALSO RECEIVED PLTFF'S NOTICE OF EHARING RETURNED THROUGH THE MAIL MARKED RETURN TO SENDER WITHA FORWARDING ADDRESS IN CAMDEN, MI. THE COURT ADDRESSED WITH PLTFF THE MATTERS THAT OCCURED DURING THE AUGUST 18, 2025 HEARING. UPON DUE CONSIDERATION, THE COURT FINDS THAT PLTFF'S MOTION FOR TEMPORARY INJUNCTION AND REQUEST FOR EMERGENCY RELIEF FAILS TO SATISFY THE REQUIREMENTS UNDER OHIO LAW AND THE OHIO RULES FOR CIVIL PRODECURE, AND FURTHER DOES NOT SUPPORT THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION. THEREFORE THE MOTION IS NOT WELL TAKEN AND IS THEREFORE DENIED. DEFT'S MOTION FOR SUMMARY JUDGMENT FILED JULY 24, 2025 REMAINS PENDING BEFORE THE COURT. PLTFF IS GRANTED UNTIL AUGUST 21, 2025 TO FILE A RESPONSE; AND DEFT IS GRANTED SEVEN (70 DAYS THEREAFTER TO FILE A REPLY. A HEARING ON THE MOTION FOR SUMMARY JUDGMENT IS SCHEDULED FOR SEPTEMBER 9, 2025 AT 1:00 PM Receipt: 182530 Date:
  36. ADDITONAL EXHIBIT IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT Attorney: YODER, THOMAS A
  37. PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DEMAND FOR SECURITY BOND Attorney: PRO-SE
  38. PLAINTIFF'S AFFIDAVIT (IN SUPPORT OF OPPOSITION TO SUMMARY JUDGMENT) Attorney: PRO-SE
  39. SETTLEMENT AGREEMENT AND MUTUAL RELEASE Attorney: YODER, THOMAS A
  40. RELEASE OF LIS PENDENS Attorney: PRO-SE
  41. RELEASE OF LIS PENDENS
  42. JUDGMENT ENTRY (CLOSE): STIPULATED DISMISSAL WITH PREJUDICE Receipt: 182530 Date:

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