Avon Lake Municipal Court
Docket entry on civil case number CVG 2400273

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Case Number: CVG 2400273
Defendant(s): Beach Park Railway Llc Ohio Facilities Construction
    05/03/2024
    • CASE WAS FILED WITH COURT
    05/13/2024
    • SUMMONS ISSUED TO BEACH PARK RAILWAY LLC, DOE,JOHN/JANE 1-99
    • BY BAILIFF (BEACH PARK RAILWAY, 33501-A & 33479 LAKE ROAD)
    • AND ORDINARY MAIL
    • SUMMONS ISSUED TO OHIO FACILITIES CONSTRUCTION
    • ORDINARY MAIL
    • ALSO SERVED BY ORDINARY MAIL: BEACH PARK RAILWAY LLC AT P.O.
    • BOX 6
    • CASE SET FOR A F.E.D. HEARING ON 06/04/2024 AT 2:00 PM
    • CIVIL FILING FEE FOR 3 DEFENDANTS $116.00
    • ORDINARY POSTAGE $25.00
    • PAYMENT - RECEIPT NO. 2401476 IN THE AMOUNT OF $ 141.00
    • DEPOSIT - RECEIPT NO. 2401477 IN THE AMOUNT OF $ 90.00
    05/14/2024
    • MOTION TO ALLOW ESCROW OF RENT PAYMENTS
    • MOTIONS/REQUESTS $10.00
    • CERTIFICATE OF MAILING $6.50
    05/15/2024
    • FAILURE OF PERSONAL SERV: ON 05/14/24 BAILIFF RECEIVED
    • SUMM/COMPLAINT AND MADE RESIDENCE SERVICE OF IT UPON DEFT(S)
    • BUT WAS UNABLE TO SERVE IT UPON THEM DUE TO NO RESPONSE AT
    • DOOR. TAPED TO DOOR
    • BAILIFF FEES FOR 3 DEFENDANTS $48.00
    05/21/2024
    • JURY DEMAND PURSUANT TO R.C.1923.10 FILED BY DEFTS ATTORNEY
    • JURY DEMAND $10.00
    • DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR FORCIBLE
    • ENTRY AND DETAINED AND COUNTERCLAIM WITH JURY DEMAND FILED
    • COUNTERCLAIM WITH SERVICE $20.00
    • PRAECIPE FOR SERVICE BY CERTIFIED MAIL FOR COUNTERCLAIM AND
    • ANSWER
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2401587 IN THE AMOUNT OF $ 40.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 1959 09
    • ISSUED ON: 05/21/2024 TO: STOP 65,LLC
    • SENT BY: TERESA
    05/23/2024
    • JOURNAL ENTRY $10.00
    • A COMPLAINT IN FORCIBLE ENTRY & DETAINER CASE WAS FILED BY
    • PLAINTIFF ON OR ABOUT MAY 3, 2024. THE CLERK SCHEDULED A
    • HEARING ON THE FIRST CAUSE FOR JUNE 4, 2024. THEREAFTER,
    • DEFENDANT FILED AN ANSWER, COUNTERCLAIM, AND JURY DEMAND ON
    • MAY 21, 2024. DEFENDANT ALSO FILED A MOTION TO ALLOW ESCROW
    • OF RENT PAYMENTS ON MAY 14, 2024. UPON REVIEW OF THE
    • PLEADINGS AND MOTIONS FILED WITH THE COURT, IT HAS COME TO
    • JUDGE MANNING'S ATTENTION THAT A CONFLICT OF INTEREST
    • EXISTS. THEREFORE, JUDGE ALLISON L MANNING HEREBY RECUSES
    • HERSELF FROM THIS MATTER.
    • THIS IS A SINGLE JUDGE COURT, THUS THERE ARE NO OTHER
    • JUDGES AT THIS COURT WHO COULD PRESIDE OVER THE CASE. THE
    • COURT WILL SEEK A JUDICIAL APPOINTMENT FROM THE OHIO
    • SUPREME COURT TO PRESIDE OVER THIS MATTER. COPIES TO
    • PARTIES
    05/24/2024
    • CERTIFICATE OF ASSIGNMENT FOR THE HONORABLE C ALLEN
    • MCCONNELL
    05/28/2024
    • CASE SET FOR A PRE-TRIAL ON 06/07/2024 AT 10:30 AM
    • HEARING NOTICE TO PARTIES
    • CASE CONTINUED DUE TO APPOINTMENT OF NEW JUDGE
    05/30/2024
    • NOTICE OF APPEARANCE FILED BY MELANIE CORNELIUS, COUNSEL
    • FOR DEFENDANT OHIO FACILITIES CONSTRUCTION COMMISSION
    • ANSWER OF THE OHIO FACILITIES CONSTRUCTION COMMISSION
    • JUNE 4, 2024 HEARING CANCELED
    05/31/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 1959 09 REFERENCE # 2
    • SERVED ON: 05/28/2024 TO: STOP 65,LLC
    06/04/2024
    • PLAIANTIFF'S MOTION TO DISMISS BEACH PARK RAILWAY LLC'S
    • COUNTERCLAIMS FILED
    • MOTIONS/REQUESTS $10.00
    06/05/2024
    • PAYMENT - RECEIPT NO. 2401753 IN THE AMOUNT OF $ 10.00
    06/11/2024
    • DEPOSIT - RECEIPT NO. 2401817 IN THE AMOUNT OF $ 350.00
    • JURY DEPOSIT RECEIVED FROM BEACH PARK RAILWAY ATTORNEY
    • BREMKE
    06/12/2024
    • CASE SET FOR A PRE-TRIAL ON 06/21/2024 AT 10:30 AM
    • CASE SET FOR A MOTION HEARING ON 07/19/2024 AT 10:30 AM
    • THIS MATTER CAME BEFORE THE COURT ON JUNE 7, 2024 FOR A
    • PRE-TRIAL WITH ALL PARTIES PRESENT. COURT DECIDED THAT A
    • SECOND PRE-TRIAL WILL BE HELD ON JUNE 21, 2024 AT 10:30 AM.
    • RELEVANT PRE-TRIAL MOTIONS SHOULD BE FILED BEFORE JUNE 21ST
    • DATE. ON JULY 19,2024 AT 10:30 THE COURT WILL RULE ON ALL
    • PENDING MOTIONS AND ESTABLISH A JURY TRIAL DATE, IF A JURY
    • PRE-TRIAL DATE IS NEEDED THAT WILL BE ESTABLISHED DURING
    • THE JULY 19, 2024 APPEARANCE DATE. (COMPLETE ENTRY
    • AVAILABLE WITH FILE) COPIES TO PARTIES
    06/18/2024
    • NOTICE OF CLARIFICATION OF RENTAL PAYMENTS
    06/21/2024
    • DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO DISMISS BEACH
    • PARK RAILWAY, LLC'S COUNTERCLAIMS
    • DEFENDANT'S NOTICE OF LEAVE TO FILE AMENDED COUNTERCLAIM
    • INSTANTER.
    • DEFENDANT'S FIRST AMENDED ANSWER TO PLAINTIFF'S COMPLAINT
    • FOR FORCIBLE ENTRY & DETAINER AND COUNTCLAIM WITH JURY
    • DEMAND. FILED
    06/24/2024
    • TRANSCRIPT $25.00
    • PAYMENT - RECEIPT NO. 2401987 IN THE AMOUNT OF $ 25.00
    • THIS MATTER CAME BEFORE THE COURT ON JUNE 21, 2024 FOR
    • PRE-TRIAL WITH ALL PARTIES PRESENT. IT IS THE ORDER OF THE
    • COURT THAT THE PARTIES AGREED THAT ALL RENTAL PAYMENTS ARE
    • CURRENT THROUGH JULY 2024, AND THAT ACCEPTANCE WILL NOT BE
    • DEEMED PREJUDICAL AGAINST THE PLAINTIFF. THE PLAINTIFF IS
    • HEREBY ORDERED TO RESPONT TO THE DEFENDANT'S MOTIONS FILED
    • ON JUNE 21, 2024 BEFORE THE NEXT SCHEDULED PRE-TRIAL ON
    • JULY 19,2024. DEFENDANT, BEACH PARK RAILWAYS, IS FURTHER
    • ORDERED TO BRIEF THEIR CLAIM THAT THIS COURT LACKS
    • JURISDICTION TO HEAR A CLAIM IN EXCESS OF $25,000 AS
    • ALLEGED IN THE DEFENDANT'S COUNTERCLAIM. ALL PENDING
    • MOTIONS WILL BE RULED UPON BEFORE THE NEXT PRE-TRIAL DATE.
    • A TRIAL DATE WILL BE SET AT THE PRE-TRIAL THAT IS SCHEDULED
    • ON JULY 19, 2024. THIS IS THE ORDER OF THE COURT. THE CLERK
    • IS HEREBY ORDERED TO CERTIFY A COPY OS THIS ORDER TO ALL
    • PARTIES.
    06/26/2024
    • PLAINTIFF'S MOTION FOR SEPARATE TRIALS AND OPPOSITION TO
    • CERTIFICATION TO COMMON PLEAS COURT
    • MOTIONS/REQUESTS $10.00
    • PLAINTIFF'S MOTION TO DISMISS BEACH PARK RAILWAY, LCC'S
    • AMENDED COUNTERCLAIMS
    • MOTIONS/REQUESTS $10.00
    07/02/2024
    • NOTICE OF SERVICE OF DISCOVERY FILED BY DEFENDANT ATTORNEY
    07/09/2024
    • EMAIL FROM ALISON ARCHER WHO IS REPRESENTING OHIO
    • FACILITIES CONSTRUCTION, REQUESTING PERMISSIONTO APPEAR
    • REMOTELY OR BE EXCUSED. EMAILS ALSO RECEIVED BY OTHER
    • COUNSEL STATING THEY HAVE NO OBJECTION TO THE REQUEST
    07/12/2024
    • DEFENDANT'S BRIEF IN SUPPORT OF CERTIFICATION TO COMMON
    • PLEAS COURT & OPPOSITION TO BIFURCATION FILED
    07/15/2024
    • JUDGE MCCONNELL NOTIIFIED THE COURT THAT HE WILL EXCUSE
    • OHIO FACILITIES CONSTRUCTION COMMISSION FROM APPEARANCE
    • NOTIFIED REP
    07/16/2024
    • PLAINTIFF'S REPLY TO DEFENDANT'S BRIEF IN SUPPORT OF
    • CERTIFICATION TO COMMON PLEAS & OPPOSITION TO BIFURCATION
    • FILED
    07/18/2024
    • DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO DISMISS BEACH
    • PARK RAILWAY, LLC'S AMENDED COUNTERCLAIM FILED
    07/19/2024
    • CASE SET FOR A FINAL PRE-TRIAL ON 08/23/2024 AT 10:30 AM
    • CASE SET FOR A JURY TRIAL ON 09/20/2024 AT 9:00 AM
    07/29/2024
    • NOTICE OF APPEAL FILED BY ATTORNEY GIOVANNA SCALETTA-BREMKE
    • APPEAL/TRANSCRIPT $50.00
    • IT IS SO ORDERED THAT PLAINTIFF'S MOTION TO DISMISS
    • DEFENDANT'S COUNTERCLAIMS PURSUANT TO CIV.R 12(B)(6) IS
    • WELL-TAKEN AND GRANTED. PLAINTIFF'S MOTION TO BIFURCATE AND
    • OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER IS FURTHERMORE
    • MOOT AND DENIED AS SUCH. THIS IS A FINAL, APPEALABLE ORDER.
    • (COMPLETE ENTRY AVAILABLE WITH FILE @ ALMC) COPIES TO
    • PARTIES. ENTRY EMAILED ON 7/29/24
    07/31/2024
    • PAYMENT - RECEIPT NO. 2402475 IN THE AMOUNT OF $ 50.00
    • IT HAS COME TO THE COURT'S ATTENTION THAT ON JULY 29,2024,
    • THE DEFENDANT BEACH PARK RAILWAY, FILED AN APPEAL TO THE
    • LORAIN COMMON PLEAS COURT FOLLOWING THE COURT'S GRANTING OF
    • THE PLAINTIFF'S MOTION TO DISMISS THE DEFENDANT'S
    • COUNTERCLAIMS. IT IS HEREBY ORDERED THAT ALL PROCEEDINGS
    • ARE HEREBY STAYED PENDING A RULING BY THE LORAIN COMMON
    • PLEAS COURT. COPIES TO PARTIES
    08/08/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 44
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 68
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 02
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 33
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • COPY OF APPEAL HAND DELIVERED TO ATTY BREMKE AT CLERK'S
    • WINDOW(MMP)
    • APPEAL MAILED TO LORAIN COUNT CLERK OF COURTS
    08/15/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 44 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 68 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 02 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 33 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    10/07/2024
    • JOURNAL ENTRY RECEIVED FROM 9TH DISTRICT APPELLATE COURT
    10/11/2024
    • CASE SET FOR A TELEPHONE P-T ON 10/18/2024 AT 10:00 AM
    10/18/2024
    • MOTION TO CERTIFY AN IMMEDIATE APPEAL FILED
    • MOTIONS/REQUESTS $10.00
    10/22/2024
    • OPPOSITION TO MOTION TO CERTIFY AN IMMEDIATE APPEAL FILED
    • BY PLAINTIFF ATTORNEY
    10/23/2024
    • CASE SET FOR A TELEPHONE P-T ON 11/15/2024 AT 10:00 AM
    • CASE SET FOR A TRIAL ON 12/20/2024 AT 9:00 AM
    • ORDER: THIS MATTER CAME BEFORE THE COURT ON OCTOBER 18,
    • 2024 FOR A TELEPHONIC PRE-TRIAL FOLLOWING THE COURT OF
    • APPEALS DISMISSAL OF THE APPELLANT'S APPEAL OF THE
    • DISMISSAL OF THE DEFENDANT'S COUNTERCLAIMS. THE FOLLOWING
    • DATES HAVE BEEN AGREED UPON WITH THE PARTIES AND THE COURT.
    • NOVEMBER 8, 2024 - STATUS REPORT FROM ATTY BREMKE REGARDING
    • HER ELECTION FOR JUDGE. NOVEMBER 15, 2024 DISCOVERY CUT-OFF
    • AND PRE-TRIAL CONFERENCE VIA PHONE AT 10:00 AM. DECEMBER
    • 20, 2024 AT 9:00 AM TRIAL DATE. COPIES TO PARTIES
    10/28/2024
    • RETURN OF SERVICE OF SUBPOENA FILED BY ATTORNEY MULVANEY
    10/30/2024
    • THIS MATTER CAME BEFORE THE COURT UPON THE DEFENDANT'S
    • MOTION TO CERTIFY AN IMMEDIATE APPEAL. ALSO BEFORE THE
    • COURT IS THE PLAINTIFF'S OPPOSITION TO THE MOTION TO
    • CERTIFY AN IMMEDIATE APPEAL.
    • HAVING REVIEWED THE PLEADINGS BEFORE THE COURT AND THE
    • APPELLATE DECISION, THE COURT FINDS THAT THE DEFENDANT'S
    • MOTION TO CERTIFY IS FOUND NOT WELL TAKEN. THIS IS A
    • FORCIBLE ENTRY & DETAINER ACTION AND THE STATUTE CLEARLY
    • INTENDED THAT THESE MATTERS WOULD BE HANDLED EXPEDITIOUSLY.
    • IT IS THE COURT'S FINDING THAT THERE ARE NO APPEALABLE
    • ISSUES AND CERTIFYING THE RECORD WOULD SIMPLY CAUSE FURTHER
    • DELAY. THE DEFENDANT'S MOTION TO CERTIFY IS HEREBY DENIED.
    • THIS MATTER IS CONTINUED FOR PRETRIAL AND TRIAL AS AGREED
    • BY THE PARTIES. COPIES EMAILED TO PARTIES
    11/15/2024
    • JOURNAL ENTRY $10.00
    • PRETRIAL HELD TELEPHONICALLY WITH ALL PARTIES. DUE TO
    • RECENT ELECTION OF DEFENSE COUNSEL AS JUDGE IN LORAIN
    • COUNTY COMMON PLEAS COURT, IT WAS AGREED BY ALL PARTIES
    • THAT WRITTEN DISCOVERY WOULD BE COMPLETED BY THE END OF
Case Number:
Defendant(s):
  • NOVEMBER 2024. THE PARTIES WILL ADVISE THE COURT OF THE
  • WRITTEN DISCOVERY PROGRESS AFTER THE CUT-OFF DATE. THE
  • TRIAL DATE OF 12/20/24 IS HEREBY VACATED & WILL BE
  • RESCHEDULED WHEN NEW COUNSEL HAS BEEN RETAINED BY THE
  • DEFENDANT. IT IS THE COURTS DESIRE TO RESCHEDULE THE TRIAL
  • IN JANUARY 2025. COPIES TO PARTIES
    11/27/2024
    • NOTICE OF SUBSTITUTION OF COUNSEL FILED BY ATTORNEY FOR
    • DEFENDANT BEACH PARK RAILWAY, LLC (MARK F CRAIG)
    12/04/2024
    • MOTION TO COMPEL FILED BY PLAINTIFF ATTORNEY
    • MOTIONS/REQUESTS $10.00
    12/05/2024
    • PAYMENT - RECEIPT NO. 2404226 IN THE AMOUNT OF $ 10.00
    • CASE SET FOR A TELEPHONE P-T ON 12/10/2024 AT 11:00 AM
    12/09/2024
    • OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY
    12/10/2024
    • THIS MATTER CAME BEFORE THE COURT FOR A TELEPHONIC
    • PRETRIAL, ALL PARTIES WERE PRESENT. PARTIES AGREED THAT ALL
    • DISCOVERY REQUEST WILL BE COMPLIED WITH BY THE END OF
    • DECEMBER 2024. PLAINTIFF'S MOTION TO COMPEL WILL BE STAYED
    • PENDING DEFENDANT'S COMPLIANCE WITH ALL DISCOVERY REQUEST
    • FILED BY PLAINTIFF. THE PARTIES ARE ENCOURAGED TO ENGAGE IN
    • SETTLEMENT DISCUSSIONS AFTER DISCOVERY & DEPOSITIONS ARE
    • COMPLETED. A JURY PRETRIAL WILL BE HELD ON 1/31/25 @ 11:00
    • AM ALL PARIES TO BE PRESENT. A TRIAL DATE IS SCHEDULED FOR
    • 2/14/25 @ 9:00 AM. COPIES TO PARTIES VIA EMAIL & ORDINARY
    • MAIL
    12/11/2024
    • CASE SET FOR A PRE-TRIAL ON 01/31/2025 AT 11:00 AM
    • CASE SET FOR A TRIAL ON 02/14/2025 AT 9:00 AM
    01/13/2025
    • STIPULATION FOR DISMISSAL FILED REGARDING OHIO FACILITIES
    • CONSTRUCTION COMMISSION ONLY, WITHOUT PREJUDICE.
    01/14/2025
    • NOTICE OF DEFENDANT'S FAILURE TO COMPLY WITH PLAINTIFF'S
    • DISCOVERY REQUESTS.
    01/15/2025
    • STIPULATION FOR DISMISSAL GRANTED
    • IT IS THE ORDER OF THE COURT THAT THE PLAINTIFF'S MOTION IS
    • FOUND WELL TAKEN. THE DEFENDANTS ARE HEREBY ORDERED TO
    • COMPLY WITH THE PLAINTIFF'S DISCOVERY REQUEST BY JANUARY
    • 21, 2025. IF THE DISCOVERY REQUEST IS NOT COMPLIED BY THE
    • ABOVE DATE, SEVERE SANCTIONS WILL BE ORDERED BY THE COURT.
    • THIS IS THE ORDER OF THE COURT.
    01/16/2025
    • RESPONSE TO PLAINTIFF'S NOTICE OF DEFENDANT'S FAILURE TO
    • COMPLY WITH PLAINTIFF'S DISCOVERY REQUESTS
    • NOTICE OF DEPOSITION
    01/21/2025
    • NOTICE OF RULE 30 (B) (5) DEPOSITION OF CORPORATE
    • REPRESENTATIVE OF PLAINTIFF
    01/31/2025
    • DEFENDANT'S PROPOSED JURY INSTRUCTIONS, JURY
    • INTERROGATORIES AND VERDICT FORMS
    02/04/2025
    • THIS MATTER CAME BEFORE THE COURT ON 1/31/25 FOR PRETRIAL,
    • ALL PARTIES PRESENT. A FINAL PRETRIAL WILL BE HELD ON
    • 2/14/25 @ 10:00 AM. IF PARTIES HAVE REACHED A SETTLEMENT ON
    • ALL ISSUES, PRETRIAL WILL BE BY PHONE. IF THERE ARE STILL
    • PENDING ISSUES, A FIRM TRIAL DAT IS SET FOR 3/21/25 @ 9:00.
    • THE PARTIES ARE ORDERED TO SUBMIT PROPOSED JURY
    • INSTRUCTIONS ON 2/14/25. COPIES TO PARTIES
    02/05/2025
    • CASE SET FOR A FINAL PRE-TRIAL ON 02/14/2025 AT 10:00 AM
    • CASE SET FOR A TRIAL ON 03/21/2025 AT 9:00 AM
    02/14/2025
    • PLAINTIFF'S PROPOSED JURY INSTRUCTIONS
    • PLAINTIFF'S TRIAL BRIEF
    • PLAINTIFF'S EXHIBIT LIST
    • PLAINTIFF'S WITNESS LIST
    • DEFENDANT'S TRIAL BRIEF.
    • DEFENDANT'S TRIAL EXHIBIT AND WITNESS LISTS
    02/17/2025
    • THIS MATTER CAME BEFORE THE COURT ON 2/14/25 FOR FINAL
    • PRETRIAL WITH ALL PARTIES PRESENT. PARTIES HAVE AGREED THAT
    • A SETTLEMENT OF ALL TRIABLE ISSUES CANNOT BE RESOVELD
    • WITHOUT A JURY TRIAL. ALL MOTIONS & STIPULATIONS REQUESTED
    • BY THE COURT MUST BE SUBMITTED NO LATER THAN 3/3/25. JURY
    • TRIAL IS SET FOR 3/21/25 @ 9:00 AM. COPIES TO PARTIES.
    02/18/2025
    • CASE SET FOR A JURY TRIAL ON 03/21/2025 AT 9:00 AM
    03/03/2025
    • PLAINTIFF'S MOTION IN LIMINE
    • MOTIONS/REQUESTS $10.00
    03/04/2025
    • JOINT STIPULATIONS OF FACT
    03/10/2025
    • PAYMENT - RECEIPT NO. 2500926 IN THE AMOUNT OF $ 10.00
    • RETURN OF SERVICE OF SUBPOENA FILED BY ATTORNEY LAMB
    • OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE AND MOTION FOR
    • LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT.
    • MOTIONS/REQUESTS $10.00
    03/12/2025
    • NOTICE OF FILING TRANSCRIPT OF DEPOSITION OF NATHAN
    • GAMELLIA (DEPOSITION AVAILABLE WITH FILE)
    • MOTIONS/NOTICE $10.00
    • PAYMENT - RECEIPT NO. 2500990 IN THE AMOUNT OF $ 40.00
    • DEPOSITION OF NATHAN GAMELLIA
    03/13/2025
    • ON MARCH 12, 2025 ALL PARTIES APPEARED IN A TELEPHONIC
    • MANAGEMENT PRETRIAL AT THE REQUEST OF THE COURT. THE
    • PARTIES REQUESTED & THE COURT GRANTED PERMISSION FOR THE
    • PARTIES TO SUBMIT SIMULTANEOUS MOTIONS FOR SUMMARY JUDGMENT
    • FOR THE COURT'S RULING. THE JURY TRIAL FOR MARCH 21, 2025
    • IS HEREBY VACATED & CONTINUED UNTIL FURTHER NOTICE OF THE
    • COURT. THE PARTIES ARE ORDERED TO SUBMIT THE MOTIONS AND
    • ATTACHED BRIEFS NO LATER THAN MARCH 26, 2025. COPIES TO
    • PARTIES
    03/19/2025
    • PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (COMPLETE ENTRY
    • AVAILABLE WITH FILE @ ALMC)
    • MOTIONS/REQUESTS $10.00
    • NOTICE OF FILING OF DEPOSITION TRANSCRIPT & EXHIBITS FILED
    • BY ATTORNEY LAMB
    • DEPOSITION OF THOMAS PATTON
    03/21/2025
    • DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (COMPLETE ENTRY
    • AVAILABLE WITH FILE @ ALMC)
    • MOTIONS/REQUESTS $10.00
    • NOTICE OF FILING TRANSCRIPT FROM APRIL 28, 2022 & JUNE 6,
    • 2022 PROCEEDINGS
    • PAYMENT - RECEIPT NO. 2501132 IN THE AMOUNT OF $ 10.00
    • DEPOSIT - RECEIPT NO. 2501133 IN THE AMOUNT OF $ 10.00
    03/26/2025
    • BRIEF IN OPPOSTION TO DEFENDANT'S MOTION FOR SUMMARY
    • JUDGMENT
    • OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
    04/07/2025
    • REQUEST FOR WRIT OF RESTITUTION $25.00
    • PAYMENT - RECEIPT NO. 2501356 IN THE AMOUNT OF $ 25.00
    • REQUEST FOR WRIT
    • JUDGMENT ENTRY: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS
    • HEREBY WELL-TAKEN AS THERE IS NO GENUINE ISSUE OF MATERIAL
    • FACT AS TO JOHN BRYAN'S POSITION AS AN UNAUTHORIZED
    • SUBTENANT OF DEFENDANT, PLAINTIFF IS ENTITLED TO JUDGMENT
    • AS A MATTER OF LAW PURSUANT TO THE LEASE AND TO O.R.C. 1923
    • GENERALLY, AND REASONABLE MINDS CAN COME TO BUT ONE
    • CONCLUSION AND THAT CONCLUSION IS ADVERSE TO DEFENDANT.
    • COPIES TO PARTIES (COMPLETE ENTRY AVAILABLE WITH FILE)
    04/10/2025
    • THE PLAINTIFF FILED A WRIT OF EXECUTION ON APRIL 7, 2025 IN
    • THE ENTITLED CASE. THE WRIT IS HEREBY ORDERED TO ISSUE AS
    • REQUESTED. THE DEFENDANT WILL BE ORDERED TO VACATE THE
    • PROPERTY WITHIN TEN DAYS OR NO LATER THAN APRIL 21, 2025.
    • WRIT ISSUED
    04/11/2025
    • JUDGMENT ENTRY, NUNC PRO TUNC: COURT ISSUED A JUDGMENT
    • ENTRY AND A CLERICAL ERROR OCCURRED, DEFENDANT IS ORDERED
    • TO VACATE THE PROPERTY NO LATER THAN APRIL 21, 2925 WHICH
    • IS A CLEAR TYPOGRAPHICAL ERROR. THE COURT REISSUES THE
    • JUDGMENT NUNC PRO TUNC: THE DEFENDANT WILL BE ORDERED TO
    • VACATE THE PROPERTY WITHIN TEN (10) DAYS OR NO LATER THAN
    • APRIL 21, 2025. IT IS SO ORDERED. COPIES TO PARTIES
    04/14/2025
    • MOTION TO STAY EXECUTION OF JUDGMENT PENDING APPEAL FILED
    • BY DEFENDANT ATTORNEY
    • NOTICE OF APPEAL FILED
    04/16/2025
    • APPEAL/TRANSCRIPT $50.00
    • APPEAL/TRANSCRIPT $-50.00
    • NOTICE OF APPEAL75.00
    • PAYMENT - RECEIPT NO. 2501479 IN THE AMOUNT OF $ 75.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0079 5511 38
    • ISSUED ON: 04/16/2025 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • COPY OF NOTICE APPEAL MAILED TO ATTORNEY M.CRAIG AND
    • ATTORNEY C.MULVANEY
    • NOTICE OF APPEAL AND DOCKETING STATEMENT ISSUED BY
    • CERTIFIED MAIL TO LORAIN COUNTY COURT OF COMMON PLEAS
    04/17/2025
    • DEPOSIT - RECEIPT NO. 2501498 IN THE AMOUNT OF $ 10000.00
    • $10,000.00 BOND POSTED PURSUANT TO JUDGE'S ORDER
    • ORDER - ON APRIL 14, 2025 THE DEFENDANT FILED A MOTION TO
    • STAY THE WRIT OF EXECUTION OF THE SUMMARY JUDGMENT GRANTED
    • IN FAVOR OF THE PLAINTIFF ON APRIL 7, 2025. THE DEFENDANT'S
    • MOTION TO STAY THE EXECUTION OF THE WRIT IS HEREBY GRANTED
    • SUBJECT TO A SUPERESEDES BOND BEING POSTED IN THE AMOUNT OF
    • $10,000 CASH BY THE DEFENDANT NO LATER THAN 3:00 PM ON
    • APRIL 17, 2025. IF THE BOND IS NOT POSTED IN THE CLERK'S
    • OFFICE AS ORDERED, THE BAILIFF IS ORDERED TO PROCEED WITH
    • THE EXECUTION ON APRIL 21, 2025. IT IS SO ORDERED. COPIES
    • MAILED & EMAILED TO PARTIES
    04/22/2025
    • E-CERTIFIED MAIL # 9314 8699 0440 0079 5511 38 REFERENCE # 2
    • SERVED ON: 04/18/2025 TO: LORAIN COUNTY CLERK OF COURTS
    05/09/2025
    • NOTICE OF APPEARANCE OF COUNSEL FILED BY ATTORNEY TODD
    • MAZZOLA & DAVID NICHOL
    • NOTICE OF SUBSTITUTION OF APPELLATE COUNSEL FILED BY ATTY
    • TODD MAZZOLA AS LEAD COUNSEL AND ATTY NICOL AS ADDITIONAL
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    • AMENDED NOTICE OF APPEAL FILE BY ATTY TODD MAZZOLA