Case Category Case Year Case Number
Case Number: CV-01-437916
Case Title: ALLIANT FOODSERVICE INC vs. LISA M POWERS ET AL
Case Summary
Case Number: CV-01-437916
Case Title: ALLIANT FOODSERVICE INC vs. LISA M POWERS ET AL
Case Designation: CONTRACT - OTHER
Filing Date: 05/03/2001
Judge: CAROLYN B FRIEDLAND
Magistrate: N/A
Room: N/A
Next Action: N/A
File Location: C/A CLK OFF
Last Status: INACTIVE
Last Status Date: 04/30/2002
Last Disposition: DISP.OTHER
Last Disposition Date: 04/30/2002
Prayer Amount: $49,838.00
Service

Party RoleNameServiceDateResponseDate
P(1) ALLIANT FOODSERVICE INC N/A
D(1) POWERS,LISA M. - ET AL SUMS COMPLAINT CERTIFIED MAIL 05/11/2001 COMP ON OTHER 05/25/2001
D(2) YOELZADEH,YOEL SUMS COMPLAINT CERTIFIED MAIL 05/11/2001 COMP ON OTHER 05/16/2001
D(3) YLS INC DBA WALLABY S GRILLE SUMS COMPLAINT CERTIFIED MAIL 05/11/2001 NOT DELIVRBL AS ADDR 05/21/2001

Case Parties

PLAINTIFF (1)
ALLIANT FOODSERVICE INC
55 EAST MONROE ST
40TH FLOOR
CHICAGO, IL 60603-0000
ATTORNEY
AMANDA K RASBACH YURECHKO (0072458)
323 LAKESIDE AVENUE,WEST
LAKESIDE PLACE, SUITE 200
CLEVELAND, OH 44113-0000
Ph: 216-685-1060
Answer Filed: N/A
ATTORNEY
DONALD A MAUSAR (0065328)
LAKESIDE PLACE,SUITE 200
323 LAKESIDE AVE.WEST
CLEVELAND, OH 44113-0000
Ph: 216-685-1037
Answer Filed: N/A
DEFENDANT (1)
LISA M POWERS
23855 WEST RIM
COLUMBIA, OH 44028-0000
ATTORNEY
BRUCE W MCCLAIN (0040384)
28218 KNICKERBOCKER
BAY VILLAGE, OH 44140-0000
Ph: 440-871-0109
Answer Filed: N/A
DEFENDANT (2)
YOEL YOELZADEH
16105 HEATHERWOOD CT
STRONGSVILLE, OH 44136-0000
ATTORNEY
BRUCE W MCCLAIN (0040384)
28218 KNICKERBOCKER
BAY VILLAGE, OH 44140-0000
Ph: 440-871-0109
Answer Filed: N/A
ATTORNEY
RONALD H GORDON (0019439)
5315 OBERLIN AVE
LORAIN, OH 44053-0000
Ph: 440-282-1200
Answer Filed: N/A
DEFENDANT (3)
YLS INC DBA WALLABY S GRILLE & BREW PUB
5051 EAST POINTE
MEDINA, OH 44256-0000
ATTORNEY
BRUCE W MCCLAIN (0040384)
28218 KNICKERBOCKER
BAY VILLAGE, OH 44140-0000
Ph: 440-871-0109
Answer Filed: N/A

Docket Information
DateSideTypeDescriptionImage
09/02/2003 P JE ***C/A*** JOURNAL ENTRY. THE JOURNAL ENTRY AND OPINION RELEASED ON JUNE 19, 2003 IN THE ABOVE CAPTIONED CASE IS HEREBY CORRECTED NUNC PRO TUNC..SEE NUNC PRO TUNC ENTRY WITH ATTACHED JOURNAL ENTRY AND OPINION DATED AUG. 5, 2003..THIS IS A CLERICAL ERROR ONLY. THIS NUNC PRO TUNC DOES NOT AFFECT THE FINAL JUDGMENT OF THIS OPINION...OSJ VOL 2983 PGS 371-392. NOTICE ISSUED.
07/28/2003 P JE ***C/A*** JOURNAL ENTRY AND OPINION FILED. AFFIRMED..OSJ VOL 2966 PGS 449-465. NOTICE ISSUED.
05/06/2003 P1 OT P1 ALLIANT FOODSERVICE INC NOTICE OF UNAVAILABILTY. DONALD A MAUSAR 0065328
05/05/2003 P1 BR PLTF'S TRIAL BRIEF FILED....(W)..... AMANDA K RASBACH (0072458)
02/13/2003 P1 BR P1 ALLIANT FOODSERVICE INC PLTF'S BRIEF IN OPPOSITION TO DEFTS' MOTION FOR RECONSIDERATION........ AMANDA K RASBACH 0072458
01/27/2003 D MO DEFENDANT(S) LISA M POWERS(D1), YOEL YOELZADEH(D2) AND YLS INC DBA WALLABY S GRILLE(D3) MOTION FOR RECONSIDERATION OF MOTION TO CONSOLIDATE....... BRUCE W MCCLAIN 0040384 07/01/2003 - UNKNOWN
01/15/2003 P1 CA APPELLANT'S 9A RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE TRANSCRIPT OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 82189.
12/13/2002 P1 CA -------------------- NOTICE OF APPEAL------------ CA NO. 82189 NOTICE OF APPEAL FILED BY THE PLTF. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR. COPIES MAILED.
11/19/2002 N/A JE NUNC PRO TUNC: AS OF AND FOR 3/19/02: DEFENDANT LISA M. POWERS' MOTION FOR SUMMARY JUDGMENT (FILED 12/11/01) IS GRANTED IN PART. THE COURT FINDS THAT THE ONE-YEAR LIMIT ON THE PERSONAL GUARANTY WAS VALID AND BINDING AND MADE DEFENDANT POWERS' PERSONAL GUARANTY NULL AND VOID AS OF MARCH 8, 2000. THE COURT FURTHER FINDS THAT NO MORE THAN $2,500 OF PLAINTIFF'S CLAIM IS ATTRIBUTABLE TO THE PERIOD BEFORE MARCH 8, 2000. THEREFORE, NO MORE THAN $2,500 OF PLAINTIFF'S CLAIM IS SUBJECT TO POWERS' PERSONAL GUARANTY. THERE IS A GENUINE ISSUE OF MATERIAL FACT AS TO WHETHER $2,500 OR LESS OF PLAINTIFF'S CLAIM AROSE WHILE POWERS' PERSONAL GUARANTY WAS IN EXISTENCE. THERE IS NO JUST CAUSE FOR DELAY. BOOK 2839 PAGE 0542 11/19/2002 NOTICE ISSUED
11/04/2002 N/A CS COURT COST ASSESSED YLS INC DBA WALLABY S GRILLE BILL AMOUNT 158.80 PAID AMOUNT 0 AMOUNT DUE 158.80
10/30/2002 P1 PP THE STANDARD CASE INIT FEES $63.00
10/30/2002 D1 CS COST CARD SHERIFF FEES ADDED $10.10
10/30/2002 D1 CS COST CARD CLERK FEES ADDED $21.70
10/29/2002 P1 SR SUBPOENA FOR: LISA M. POWERS, C/O WALLABY'S .
10/29/2002 N/A JE DEFENDANT LISA M POWERS MOTION IN LIMINE TO EXCLUDE EXTRANEOUS EVIDENCE (FILED 10/16/2002) IS UNOPPOSED AND GRANTED. BOOK 2829 PAGE 0599 10/29/2002 NOTICE ISSUED
10/29/2002 N/A JE BENCH TRIAL SET FOR 11/06/2002 AT 09:00 AM. . BOOK 2829 PAGE 0636 10/29/2002 NOTICE ISSUED
10/18/2002 P1 BR P 1 ALLIANT FOODSERVICE INC TRIAL BRIEF.. AMANDA K RASBACH 0072458
10/16/2002 D1 BR D 1 LISA M POWERS TRIAL BRIEF OF DEFTS. LISA POWERS AND YLS, INC.. BRUCE W MCCLAIN 0040384
10/16/2002 D1 BR D 1 LISA M POWERS TRIAL BRIEF OF DEFTS. LISA POWERS AND YLS, INC.. BRUCE W MCCLAIN 0040384
10/16/2002 D1 MO D 1 LISA M POWERS MOTION IN LIMINE TO EXCLUDE EXTRANEOUS EVIDENCE BRUCE W MCCLAIN 0040384 10/29/2002 - UNOPPOSED AND GRANTED
10/16/2002 N/A JE DEFENDANT LISA M POWERS MOTION TO CONSOLIDATE CASES ( FILED 09/27/2002) IS DENIED. BOOK 2822 PAGE 0677 10/16/2002 NOTICE ISSUED
10/15/2002 P1 BR PLTF'S BRIEF IN OPPOSITION TO DEFTS MOTION TO CONSOLIDATE=W=. AMANDA K RASBACH (0072458)
10/15/2002 P1 OT PLTF'S LEAVE TO FILE BRIEF IN OPPOSITION TO DEFTS MOTION TO CONSOLIDATE=W=. AMANDA K RASBACH (0072458)
10/15/2002 N/A JE DEFENDANT LISA M POWERS MOTION TO CONSOLIDATE CASES ( FILED 09/27/2002) IS DENIED. BOOK 2822 PAGE 0050 10/15/2002 NOTICE ISSUED
10/07/2002 P1 SR SUBPOENA FOR: LISA M. POWERS, C/O WALLABY'S .
09/27/2002 D1 MO D 1 LISA M POWERS MOTION TO CONSOLIDATE CASES BRUCE W MCCLAIN 0040384 10/15/2002 - DENIED
09/26/2002 N/A JE DEFENDANT LISA M POWERS MOTION FOR CONTINUANCE OF TRIAL ( FILED 09/19/2002) IS GRANTED. BOOK 2813 PAGE 0629 09/26/2002 NOTICE ISSUED
09/24/2002 N/A SC BENCH TRIAL SET FOR 10/22/2002 AT 09:00 AM. (NOTICE SENT).
09/19/2002 D1 MO D 1 LISA M POWERS MOTION FOR CONTINUANCE OF TRIAL. BRUCE W MCCLAIN 0040384 09/26/2002 - GRANTED
09/17/2002 P1 SR SUBPOENA FOR: LISA M. POIWERS, C/O WALLABY'S .
09/13/2002 P1 SR SUBPOENA FOR: LISA M. POWERS .
08/30/2002 N/A JE TRIAL BY JURY SET FOR 09/25/2002 AT 09:00 AM. . BOOK 2800 PAGE 0448 08/30/2002 NOTICE ISSUED
07/02/2002 N/A JE ****C/A**** JOURNAL ENTRY. UPON RECOMMENDATION OF THE CONFERENCE ATTORNEY, APPEAL IS DISMISSED FOR LACK OF A FINAL APPEALABLE ORDER: APPELLANT'S APPEAL GOES TO THE MARCH 19, 2002 JOURNAL ENTRY REGARDING LIABILITIY OF DEFENDANT LISA M. POWERS, WHICH IS AN INTERLOCUTORY ORDER NOT AFFECTED BY THE CIV. R. 54(B) LANGUAGE ON THE MARCH 20, 2002 JOURNAL ENTRY PERTAINING TO DEFENDANT YLS, INC. ONLY. O.S.J. VOL 2771 PGS 0967-0968 NOTICE ISSUED
06/10/2002 N/A JE MOTION FOR FINAL APPEALABLE ORDER (FILED 6/3/02) IS GRANTED. BOOK 2760 PAGE 0294 06/10/2002 NOTICE ISSUED
06/03/2002 P1 MO PLTF MOTION FOR FINAL APPEALABLE ORDER-W- AMANDA K RASBACH (0072458) 08/20/2002 - GRANTED
05/15/2002 P1 CA APPELLANT'S 9A RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE TRANSCRIPT OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 81136.
04/30/2002 N/A JE PURSUANT TO 4/9/02 ENTRY, THIS IS REMOVED FROM THE COURT'S ACTIVE DOCKET. BOOK 2739 PAGE 0807 04/30/2002 NOTICE ISSUED
04/09/2002 P1 CA -------------------- NOTICE OF APPEAL -------------------- CA NO. 81136 NOTICE OF APPEAL FILED BY THE PLTF. APPELLANT W/A 9A PRAECIPE AND DOCKETING STATEMENT ON THE REGULAR CALENDAR. COPIES MAILED.
04/05/2002 N/A JE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO YLS, INC. (FILED 12/11/01) IS GRANTED. THIS COURT FINDS THAT DEFENDANT YLS, INC. HAS NOT OVERCOME ITS BURDEN UNDER CIVIL RULE 56 (E). AS A RESULT, THERE ARE NO GENUINIE ISSUES OF MATERIAL FACTAND ALLIANT FOOD SERVICES IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. JUDGMENT IS GRANTED IN FAVOR OF ALLIANT FOOD SERVICES AND AGAINST YLS, INC. IN THE AMOUNT OF $49,837.88, WITH PRE-JUDGMENT INTEREST AND POST-JUDGMENT INTEREST AT THE RATE OF 18%, AND COSTS OF THE WITHIN PROCEEDINGS. THERE IS NO JUST CAUSE FOR DELAY. BOOK 2726 PAGE 0767 04/05/2002 NOTICE ISSUED
03/20/2002 N/A JE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO YLS, INC. (FILED 12/11/01) IS GRANTED. THIS COURT FINDS THAT DEFENDANT YLS, INC. HAS NOT OVERCOME ITS BURDEN UNDER CIVIL RULE 56 (E). AS A RESULT, THERE ARE NO GENUINIE ISSUES OF MATERIAL FACTAND ALLIANT FOOD SERVICES IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. JUDGMENT IS GRANTED IN FAVOR OF ALLIANT FOOD SERVICES AND AGAINST YLS, INC. IN THE AMOUNT OF $49,837.88, WITH PRE-JUDGMENT INTEREST AND POST-JUDGMENT INTEREST AT THE RATE OF 18%, AND COSTS OF THE WITHIN PROCEEDINGS. THERE IS NO JUST CAUSE FOR DELAY. BOOK 2718 PAGE 516 03/20/2002 NOTICE ISSUED
03/19/2002 N/A JE DEFENDANT LISA M. POWERS' MOTION FOR SUMMARY JUDGMENT (FILED 12/11/01) IS GRANTED IN PART. THE COURT FINDS THAT THE ONE-YEAR LIMIT ON THE PERSONAL GUARANTY WAS VALID AND BINDING, AND MADE DEFENDANT POWERS' PERSONAL GUARANTY NULL AND VOID AS OF MARCH 8, 2000. THE COURT FURTHER FINDS THAT NO MORE THAN $2,500 OF PLAINTIFF'S CLAIM IS ATTRIBUTABLE TO THE PERIOD BEFORE MARCH 8, 2000. THEREFORE, NO MORE THAN $2,500 OF PLAINTIFF'S CLAIM IS SUBJECT TO POWERS' PERSONAL GUARANTY. THERE IS A GENUINE ISSUE OF MATERIAL FACT AS TO WHETHER $2,500 OR LESS OF PLAINTIFF'S CLAIM AROSE WHILE POWERS' PERSONAL GUARANTY WAS IN EXISTENCE. BOOK 2718 PAGE 0058 03/19/2002 NOTICE ISSUED
03/12/2002 D1 OT SUBMISSION OF PROPOSED J.E. REGARDING LISA M.POWERS SUMMARY JUDGMENT....(W)..
02/26/2002 D1 BR "YLS" AND LISA POWERS (DFDTS) -- TRIAL BRIEF OF DFDTS.... BRUCE W MCCLAIN (0040384)
02/26/2002 D1 MO "YLS" & LISA POWERS (DFDTS) -- MOTION IN LIMINE TO EXCLUDE WRITTEN EVIDENCE PLTF REFUSED TO PROVIDE PRIOR TO TRIAL... BRUCE W MCCLAIN (0040384) 05/20/2002 - DENIED AS MOOT
02/19/2002 D SR SUBPOENA ISSUED FOR LISA M. POWERS.....DOANLD A. MAUSAR .
02/19/2002 D SR SUBPOENA ISSUED FOR YOEL YOELZADEH...DONALD A. MAUSAR .
02/19/2002 P BR TRIAL BRIEF/W/AMANDA RASBACH
02/11/2002 P JE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINS T LISA POWERS (FILES 12/11/01) IS DENIED. VOL.2702 PG.0630 NOTICE ISSUED
02/11/2002 P JE MOTION FOR SUMMARY JUDGMENT BY DEFT LISA M. PO WERS (FILED 12/11/01) IS GRANTED IN PART. THIS COURT FINDS THAT THE ONE-YEAR LIMIT ON THE PE RSONAL GUARANTY MADE DEFENDANT LISA POWERS' PE RSONAL GUARANTY NULL AND VOID AFTER ONE YEAR. HOWEVER, GENUINE ISSUES OF MATERIAL FACT EXIST AS TO THE AMOUNT DUE AND OWING WHILE THE PERS ONAL GUARANTY WAS IN EXISTENCE. VOL.2702 PG.0629 NOTICE ISSUED
02/11/2002 P JE PLAINTIFF'S MOTION FOR SUM MARY JUDGMENT AS TO YLS,INC, (FILED 12/11/01) IS GRANTED. THIS COURT FINDS THAT DEFENDANT YL S, INC. HAS NOT OVERCOME ITS BURDEN UNDER CIVI L RULE 56 (E). AS A RESULT, THERE ARE NO GENUINEISSUES OF MATERIAL FACT AND PLAINTIFF A LLIANT FOOD SERVICESIS ENTITLED TOJUDGMENT AS A MATTER OF LAW. PARTIAL. VOL.2702 PG.0628 NOTICE ISSUED
01/25/2002 P JE DEFTS' UNOPPOSED MOTION FOR ORDER TO PLTF TO R ESPOND TO DISCOVERY (FILED 1/8/02) IS GRANTED. PLAINTIFF ALLIANT SHALL RESPOND TO DISCOVERY REQUESTS WITHIN 10 DAYS OF THIS ORDER OR SANCT IONS MAY BE IMPOSED. VOL.2695 PG.0546 NOTICE ISSUED
01/22/2002 D BR REPLY BRIEF TO DEFT'S BRIEF IN OPPOSITION TO PLTF'S MOTION FOR SUMMARY JUDGMENT AGAINST YLS, INC..........AMANDA K. RASBACH.......
01/17/2002 D MO MOTION OF DFDTS, LISA M. POWERS AND YLS,INC. FOR LEAVE TO FILE REPLY TO PLTF'S BRIEF IN OPPOSITION TO HER MOTION FOR SUMMARY JDGMNT... BRUCE W. MC CLAIN/ . 05/20/2002 - DENIED AS MOOT
01/11/2002 D OT OPPOSITION BY YLS INC. TO PLTF'S MOTION FOR SUMMARY JUDGMENT AGAINST IT.....BRUCE W. MCCLAIN.................................
01/11/2002 P BR BRIEF IN OPPOSITION TO DEFT LISA M.POWERS MOTION FOR SUMMARY JUDGMENT/W/DONALD MAUSAR
01/08/2002 D OT OPPOSITION BY LISA POWERS TO PLTF'S MOTION FOR SUMMARY JUDGMENT AGAINST HER..BRUCE W. MCCLAIN
01/08/2002 D MO DEFTS' MOTION FOR ORDER TO PLTF TO RESPOND TO DISCOVERY..............BRUCE W. MCCLAIN...... 01/25/2002 - GRANTED
12/12/2001 P OT NOTICE OF FILING OF ORIGINAL AFFIDAVIT. AMANDA RASBACH........ .
12/11/2001 D MO MOTION FOR SUMMARY JUDGMENT BY DEFT LISA M. POWERS.....................BRUCE W. MCLAIN. 02/07/02-GRNT PART
12/11/2001 P MO MOTION FOR SUMMARY JUDGMENT AS TO YLS,INC, D/B/A WALLABY'S GRILLE AND BREW PUB/W/ AMANDA RASBACH . 02/07/02-GRANTED
12/11/2001 P MO MOTION FOR SUMMARY JUDGMENT AS TO LISA POWERS /W/AMANDA RASBACH . 02/07/02-DENIED
11/20/2001 P JE PRETRIAL HELD. NEGOTIATIONS ON GOING.FINAL PRETRIAL SET FOR 2/7/02 AT 9:00 A.M..TRIAL SET FOR 3/4/02 AT 9:00 A.M............... VOL.2669 PG.0853 NOTICE ISSUED. CASE SET FOR FINAL PRE-TRIAL 02/07/02 SC-09:00 CASE SET FOR JUDGE TRIAL 03/04/02 SC-09:00
10/30/2001 P JE THE COURT HAVING BEEN INFORMED THAT YOEL YOELZ ADEH HAS FILED FOR BANKRUPTCY (CASE NO. 01-19951 U.S.BANKRUPTCY COURT FOR NORTHERN OHIO) PROCEEDINGS IN THIS CASE ARE STAYED (11 USA SEC.362), AS TO DEFENDANT YOE LZADEH, ONLY. PARTIAL. VOL.2662 PG.0221 NOTICE ISSUED
10/17/2001 D MO MOTION TO STAY PROCEEDINGS ONLY AS TO THE DEFT, YOEL YOELZADEH....RONALD H. GORDON. 03/08/2002 - GRANTED
08/16/2001 P JE CASE MANAGEMENT CONFERENCE. OSJ. VOL 2632 PGS 0579-0580 NOTICE ISSUED
07/30/2001 D AN ANSWER OF YOEL YOELZADEH......RONALD H. GORDON
07/13/2001 D OT NOTICE OF SERVICE OF ANSWER COPY ON DEFT YOEL YOELZADEH. BRUCE MCCLAIN......
07/02/2001 P OT NOTICE FILED BY RONALD H. GORDON IN RE: ATTORNEY OF REC ORD FOR YOEL YOELZADEH..
06/07/2001 D AN JOINT ANSWER OF DEFTS LISA M. POWERS AND YLS INC..................BRUCE W. MCCLAIN.......
05/25/2001 P SR CERTIFIED MAIL RECEIPT NO. 014-67631 RETURNED BY U.S. POSTAL DEPARTMENT 05/25/2001 POWERS,LISA M. - ET AL . MAIL RECEIVED AT ADDRESS NO DATE SIGNED BY OTHER POSTAGE AMOUNT $4.50
05/21/2001 P SR CERTIFIED MAIL RECEIPT NO. 014-67633 RETURNED 05/21/2001 FAILURE OF SERVICE ON DEFENDANT YLS INC DBA WALLABY S GRILLE NOT DELIVRBL AS ADDR .NOTICE MAILED TO PLTFS ATTORNEY. POSTAGE AMOUNT $4.50 POSTCARD NOTICE $.20
05/16/2001 P SR CERTIFIED MAIL RECEIPT NO. 014-67632 RETURNED BY U.S. POSTAL DEPARTMENT 05/17/2001 YOELZADEH,YOEL . MAIL RECEIVED AT ADDRESS 05/16/2001 SIGNED BY OTHER POSTAGE AMOUNT $4.50
05/03/2001 P CO COMPLAINT FILED AND SUMMONS SENT BY CERTIFIED MAIL TO THE DEFENDANT(S).
05/03/2001 P DP $$ 376963 WELTMAN, WEINBERG 100.00 DR 37.00 . CF 25.00 . LA 15.00 . LN 10.00 . LR 3.00 . CM 10.00 .
Case Cost Detail
AccountAmount
CLERK'S FEES $171.70
CUYAHOGA COUNTY SHERIFF DEPT $10.10
PRE PAID ATTORNEY $63.00
TOTAL COST $244.80

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