Lorain Common Pleas

Public Docket Information

ELY VS POWERMARK HOMES          Case Number:  03CV136558
Case Details
Type Of Action: Other Torts
Judge: Burge, Judge James
Filed On: 10/15/2003
Parties
NamePartyAddressAttorney(s)
ELY, MICHAEL W.P4802 ALBERTLY AVENUE
PARMA, OHIO 44134
DELANEY, TIMOTHY J
Scully & Delaney
614 Superior Avenue West
Rockefeller Bldg., Suite 662
Cleveland, OHIO 441130000

MURPHY, MARTIN J
Davis & Young, L.P.A.
1200 FIFTH THIRD CENTER
600 SUPERIOR AVENUE, E
Cleveland, OHIO 44114

ROCHE, PATRICK F
Davis & Young, L.P.A.
1200 FIFTH THIRD CENTER
600 SUPERIOR AVE., E
Cleveland, OHIO 441142654

ELY, KATHLEEN

 

 

 

P4802 ALBERTLY AVENUE
PARMA, OHIO 44134
DELANEY, TIMOTHY J
Scully & Delaney
614 Superior Avenue West
Rockefeller Bldg., Suite 662
Cleveland, OHIO 441130000

MURPHY, MARTIN J
Davis & Young, L.P.A.
1200 FIFTH THIRD CENTER
600 SUPERIOR AVENUE, E
Cleveland, OHIO 44114

ROCHE, PATRICK F
Davis & Young, L.P.A.
1200 FIFTH THIRD CENTER
600 SUPERIOR AVE., E
Cleveland, OHIO 441142654

POWERMARK HOMES, INC.D790 N. COURT ST
MEDINA, OHIO 44256
CUBAR, JOHN C
McNeal, Schick, Archibald & Biro Co.,LPA
123 W. PROSPECT AVE. SUITE 250
Cleveland, OHIO 441150000

ROLAND, BOBBY D25025 CASTLEBAR COURT
COLUMBIA STATION, OHIO 44028
KERNS, BRIAN D
Kerns, Hurt, & Proe
Commerce Park
7123 Pearl Road, Suite 304
Middleburg Hts., OHIO 44130

PUIN, TIMOTHY J
State Auto Ins. Cos.
7123 Pearl Road Suite 304
Middleburg Hts., OHIO 44130

PROE, STEPHEN J
State Auto Insurance Company
Commerce Park Office Building
7123 Pearl Road, Suite 304
Middleburg Hts, OHIO 44130

ROLAND, PATRICIA D25025 CASTLEBAR COURT
COLUMBIA STATION, OHIO 44028
KERNS, BRIAN D
Kerns, Hurt, & Proe
Commerce Park
7123 Pearl Road, Suite 304
Middleburg Hts., OHIO 44130

PUIN, TIMOTHY J
State Auto Ins. Cos.
7123 Pearl Road Suite 304
Middleburg Hts., OHIO 44130

PROE, STEPHEN J
State Auto Insurance Company
Commerce Park Office Building
7123 Pearl Road, Suite 304
Middleburg Hts, OHIO 44130

JOHN DOE 1 - 4 AND/OR JOHN DOE, INC1 - 4D(NAME UNKNOWN)
(ADDRESS UNKNOWN)
COLUMBIA STATION, OHIO 44028
 
MILLER, PAUL

 

 

 

 

D13830 HALE ROAD
BURTON, OHIO 44021
NIEDERBAUMER, MICHAEL R
Wickens, Herzer, Panza, Cook & Batista
35765 CHESTER RD
Avon, OHIO 440111262

RYAN, SPENCER A
Wickens Herzer Panza Cook & Batista
35765 Chester Road
Avon, OHIO 440111262

PANZA, RICHARD
Wickens, Herzer, Panza, Cook & Batista
35765 Chester Road
Avon, OHIO 440111262

MEDICAL MUTUAL SUPERMED PLUSDP. O. BOX 6018
CLEVELAND, OHIO 441011018
KENNEY, J. BRIAN B
Kehoe & Associates, LLC
1940 E. Sixth Street
Cleveland, OHIO 44114

KEHOE, ROBERT D
Kehoe & Associates, LLP
900 Baker Building
1940 East Sixth Street
Cleveland, OHIO 441142210


DateTypeDescription
10/15/2003FILINGCOMPLAINT W/JURY DEMAND FILED. W/PLAINTIFFS INTERROGATORIES PROPOUNDED TO THE DEFENDANT, POWERMARK HOMES, INC. AND REQUEST FOR PRODUCTION OF DOCUMENTS. ATTACHED.
10/15/2003REQUESTREQUEST FOR SERVICE FILED.
10/27/2003SUMMONSSUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED POWERMARK C/O BURCE W. MCCLAIN CERTIFIED MAIL # 716002507877
10/27/2003SUMMONSSUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: BOBBY ROLAND CERTIFIED MAIL # 716002507878
10/27/2003SUMMONSSUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: PATRICIA ROLAND CERTIFIED MAIL # 716002507879
10/29/2003RETURNSIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7160 250 879 PATRICIA ROLAND 10-28-03
10/29/2003RETURNSIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7160 250 878 BOBBY ROLAND 10-28-03
10/31/2003RETURNCERTIFIED MAIL RETURNED AND FILED. 7160 250 877 BRUCE W. MCCLAIM
10/31/2003NOTICEATTORNEY NOTIFIED.
11/06/2003REQUESTREQUEST FOR SERVICE FILED.
11/06/2003SUMMONSCLERK'S OFFICE CERTIFIES SUMMONS W/COPY OF COMPLAINT SENT ORDINARY MAIL TO: BRUCE W. MCCLAIN SA, POWERMARK HOMES INC
11/13/2003REQUESTREQUEST FOR SERVICE FILED.
11/13/2003SUMMONSSUMMONS W/COPY OF COMPLAINT SENT CERTIFIED MAIL TO: 7002 615 814 POWERMARK HOMES
11/20/2003RETURNCERTIFIED MAIL RETURNED AND FILED. POWERMARK HOMES, INC ATTEMPTED NOT KNOWN
11/20/2003NOTICEATTORNEY NOTIFIED.
11/20/2003RETURNSIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7002 615 814 POWERMARK HOMES, INC 11-17-03
12/12/2003ANSWERANSWER OF POWERMARK HOMES, INC. TO COMPLAINT AND CROSS-CLAIM AGAINST BOB ROLEN AND PATRICIA ROLEN (JURY DEMAND ENDORSED HEREON) FILED
12/16/2003(LMM)DEFENDANT, POWERMARK HOMES, INC., HAS LEAVE TO ANSWER, MOVE, OR OTHERWISE PLEAD TO PLAINTIFF'S COMPLAINT WITH INTERROGATORIES PROPOUNDED TO THE DEFENDANT, POWERMARK HOMES, INC., AND REQUEST FOR PRODUCTION OF DOCUMENTS SERVED UPON DEFENDANT, POWERMARK HOMES, INC., UNTIL JANUARY 3, 2004. VOLUME # 924 PAGE # 320
01/05/2004(LMM)DEFT, POWERMARK HOMES, INC, HAS LEAVE TO ANSWER, MOVE OR OTHERWISE PLEAD TO THE PLTF'S INTERROGATORIES PROPOUNDED TO THE DEFT, POWERMARK HOMES, INC., AND REQUEST FOR PRODUCTION OF DOCUMENTS SERVED UPON DEFT, POWERMARK HOMES, INC., UNTIL 02-02-04. VOLUME # 925 PAGE # 516
01/22/2004DEPOSITIONDEPOSITION OF MICHAEL W. ELY TAKEN 9-20-04 FILED.
01/28/2004(LMM)DEFTS, BOBBY ROLAND AND PATRICIA ROLAND, MAY HAVE UNTIL 02-25-04 IN WHICH TO MOVE OR PLEAD AS TO THE COMPLAINT. VOLUME # 926 PAGE # 2395
01/30/2004(LMM)DEFTS, BOBBY ROLAND AND PATRICIA ROLAND, MAY HAVE UNTIL 02-24-04 IN WHICH TO MOVE OR PLEAD AS TO THE CROSS-CLAIM OF DEFT, POWERMARK HOMES, INC. VOLUME # 926 PAGE # 3062
02/02/2004FILINGNOTICE OF SERVICES OF RESPONSES TO DISCOVERY REQUESTS SERVED UPON COUNSEL OF RECORD FILED BY DEFT, POWERMARK HOMES, INC.
02/05/2004FILINGNOTICE OF SUBSTITUTION OF COUNSEL- BRIAN D. KERNS WILL NO LONGER BE REPRESENTING DEFTS ROLEN. NEW COUNSEL FOR DEFTS ROLEN SHALL BE TIMOTHY J. PUIN FILED BY DEFTS, BOBBY & PATRICIA ROLEN.
02/18/2004ANSWERANSWER OF DEFTS, BOBBY & PATRICIA ROLEN TO CROSS-CLAIM OF POWERMARK HOMES, INC. (JURY DEMAND ENDORSED HEREON) FILED
02/18/2004ANSWER ANSWER OF DEFTS, BOBBY & PATRICIA ROLEN TO COMPLAINT (JURY DEMAND ENDORSED HEREON) FILED
02/18/2004FILINGCROSS-CLAIM OF DEFTS, THE ROLENS AGAINST POWERMARK HOMES, INC (JURY DEMAND ENDORSED HEREON) FILED.
02/23/2004FILING STATUS CONFERENCE IS SCHEDULED IN COURT ROOM NO. 2, ON 4/20/04, AT 11:15 A.M. FILED.
02/25/2004FILINGNOTICE OF SERVICE OF RESPONSES TO DISCOVERY REQUESTS- DEFT, POWERMARK HOMES, INC., GIVES NOTICE THAT THE FOLLOWING RESPONSES TO DISCOVERY REQUESTS WERE SERVED UPON COUNSEL OF RECORD FILED.
02/26/2004ANSWER ANSWER FILED BY DEFT POWERMARK HOMES. (JURY DEMAND ENDORSED HEREON)
03/08/2004FILINGNOTICE OF SERVICE OF DISCOVERY REQUESTS- SERVED UPON COUNSEL OF RECORD FILED BY DEFT, POWERMARK HOMES, INC.
03/31/2004FILING NOTICE OF SERVICE OF DISCOVERY REQUESTS- SERVED UPON COUNSEL OF RECORD FILED BY DEFT, POWERMARK HOMES, INC.
04/22/2004(LMM)STATUS CONFERENCE HAD. ALL DISCOVERY EXCEPT EXPERT DEPOSITIONS AND/OR IME SHALL BE COMPLETED ON OR BEFORE JUL 20, 2004. CASE IS SET FOR PRETRIAL ON JUL 22, 2004 AT 8:30 AM. PARTIES AND/OR PERSONS WITH AUTHORITY TO SETTLE SHALL BE PRESENT. PARTIES OR COUNSEL WHO FAIL TO APPEAR MAY BE SUBJECT TO SANCTIONS ACCORDING TO LOCAL RULES. VOLUME # 932 PAGE # 1255
05/27/2004FILING NOTICE OF SERVICE- DEFTS, BOBBY & PATRICIA ROLEN, SERVED FIRST SET OF INTERROGATORIES & REQUEST FOR PRODUCTION OF DOCUMENTS SERVED UPON COUNSEL OF RECORD FILED.
06/01/2004MOTIONPLNTFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FILED.
06/02/2004(LMM) IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT PLNTFF IS GRANTED LEAVE TO FILE HIS AMENDED COMPLAINT INSTANTER. VOLUME # 935 PAGE # 2780
06/09/2004FILINGSTIPULATED MOTION TO EXTEND DISCOVERY DEADLINE OF 7-20-04 FILED BY DEFTS.
06/11/2004FILING FIRST AMENDED COMPLAINT FILED BY PLNTFF. (JURY DEMAND)
06/11/2004REQUESTREQUEST FOR SERVICE FILED.
06/15/2004SUMMONS SUMMONS W/COPY OF COMPLAINT SENT CERTIFIED MAIL TO: 7002 615 687 POWERMARK HOMES INC (FIRST AMENDED) 7002 615 688 BOBBY ROLAND (FIRST AMENDED) 7002 615 389 PATRICIA ROLAND (FIRST AMENDED) 7002 615 390 PAUL MILLER (FIRST AMENDED)
06/21/2004RETURNSIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7002 615 690 PAUL MILLER (FIRST AMENDED) (06/16/04)
06/21/2004RETURN SIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7002 615 688 BOBBY ROLAND (FIRST AMENDED) (06/17/04)
06/21/2004RETURNSIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7002 615 689 PATRICIA ROLAND (06/17/04) 7002 615 687 POWERMARK HOMES, INC. (FIRST AMENDED) (6/18/04)
06/30/2004(LMM) IT IS ORDERED THAT DEFT, POWERMARK HOMES, INC HAS LEAVE TO ANSWER, MOVE OR OTHERWISE PLEAD TO PLNTFF'S AMENDED COMPLAINT, UNTIL JUL 25, 2004. DEFT HAS PREVIOUSLY BEEN GRANTED -0- LEAVES FOR A TOTAL OF -0- DAYS. VOLUME # 936 PAGE # 2954
07/01/2004ANSWERCROSS CLAIM OF DEFTS, THE ROLENS AGAINST PAUL MILLER DBA COUNTRYSIDE FRAMING FILED. (JURY DEMAND ENDORSED HEREON)
07/01/2004ANSWER ANSWER FILED BY DEFTS, BOBBY & PATRICIA ROLEN TO FIRST AMENDED COMPLAINT FILED (JURY DEMAND ENDORSED HEREON)
07/14/2004MOTIONDEFT, PAUL MILLER DBA COUNTRY SIDE FRANING'S MOTION FOR EXTENSION OF TIME FILED.
07/14/2004(LMM) DUE TO THE ADDITION OF A NEW PARTY DEFT, THE DISCOVERY CUT- OFF IS EXTENDED UNTIL SEPT 20, 2004. THE PRETRIAL SET FOR JUL 22, 2004 IS CONTINUED TO SEPT 23, 2004 AT 8:30 AM. VOLUME # 937 PAGE # 2510
07/28/2004(LMM)IT IS ORDERED THAT DEFT, POWERMARK HOMES, INC HAS LEAVE TO ANSWER, MOVE, OR OTHERWISE PLEAD TO THE FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO POWERMARK HOMES, INC BY DEFTS, THE ROLENS, UNTIL AUG 22, 2004. DEFT HAS PREVIOUSLY BEEN GRANTED ONE LEAVE FOR A TOTAL OF 30 DAYS. NO FURTHER EXTENSIONS SHALL BE GRANTED. VOLUME # 938 PAGE # 2362
07/29/2004ANSWER ANSWER FILED BY DEFT PAUL MILLER. (JURY DEMAND ENDORSED HEREON)
07/29/2004ANSWERANSWER FILED BY DEFT PAUL MILLER TO FIRST AMENDED COMPLAINT AND CROSS-CLAIM (JURY DEMAND ENDORSED HEREON)
07/30/2004(LMM) DEFT PAUL MILLER DBA COUNTRY SIDE FRAMING'S MOTION FOR LEAVE TO AUG 13, 2004 TO ANSWER OR OTHERWISE RESPOND TO PLNTFF'S FIRST AMENDED COMPLAINT IS GRANTED. PRETRIAL REMAINS SET FOR SEPT 23, 2004 AT 8:30 AM. VOLUME # 938 PAGE # 3098
08/05/2004FILINGREPLY OF DEFTS THE ROLENS TO CROSS-CLAIM BY PAUL MILLER FILED. (JURY DEMAND ENDORSED HEREON)
08/06/2004(LMM) IT IS ORDERED THAT DEFT, POWERMARK HOMES, INC HAS LEAVE TO ANSWER, MOVE OR OTHERWISE PLEAD TO PLNTFF'S AMENDED COMPLAINT UNTIL AUG 24, 2004. DEFT HAS PREVIOUSLY BEEN GRANTED ONE LEAVE FOR A TOTAL OF 30 DAYS. NO FURTHER EXTENSIONS SHALL BE GRANTED. VOLUME # 939 PAGE # 1378
08/06/2004FILINGNOTICE OF SERVICE OF RESPONSES TO DISCOVERY REQUESTS- SERVED UPON COUNSEL OF RECORD FILD BY DEFT, POWERMARK HOMES, INC.
08/23/2004MOTION MOTION OF DEFTS THE ROLENS TO CONTINUE SEPT. 23, 2004, PRETRIAL HEARING OR, IN THE ALTERNATIVE, TO PARTICIPATE BY TELEPHONE FILED.
08/25/2004ANSWERANSWER OF POWERMARK HOMES, INC. TO FIRST AMENDED COMPLAINT & CROSS CLAIM AGAINST BOB ROLEN & PATRICIA ROLEN FILED. (JURY DEMAND ENDORSED HEREON)
08/27/2004FILING REPLY OF DEFTS, BOBBY & PATRICIA ROLEN TO AMENDED CROSS- CLAIM OF POWERMARK HOMES, INC., & CROSS CLAIM OF THE ROLENS AGAINST POWERMARK HOMES FILED. (JURY DEMAND ENDORSED HEREON)
09/17/2004ANSWERANSWER FILED BY DEFT, POWERMARK HOMES, INC. ,TO CROSS CLAIM OF BOBBY & PATRICIA ROLEN. (JURY DEMAND ENDORSED HEREON.)
09/23/2004(LMM) DEFTS BOBBY ROLEN AND PATRICIA ROLEN HAVE WITHDRAWN THEIR MOTION TO CONTINUE THE PRETRIAL SET FOR SEPT 23, 2004. PRETRIAL REMAINS SET FOR SEPT 23, 2004 AT 8:30 AM. VOLUME # 942 PAGE # 1553
09/24/2004(LMM)CASE CALLED FOR PRE-TRIAL. DICOVERY CONCERNING LIABILITY SHALL BE COMPLETED BY NOVEMBER 23, 2004. DISPOSITIVE MOTIONS SHALL BE FILED BY JANUARY 3, 2005. RESPONSE BRIEFS SHALL BE FILED BY JANUARY 20, 2005. REPLY BRIEFS SHALL BE FILED BY JANUARY 31, 2005. COURT TO RULE THEREAFTER. CASE SET FOR PRETRIAL ON MARCH 3, 2005 AT 8:30 A.M. PERSONS/PARTIES WITH AUTHORITY TO SETTLE SHALL BE PRESENT. FAILURE TO ATTEND MAY SUBJECT PARTIES/COUNSEL TO SANCTIONS. COUNSEL FOR DEFTS ROLAND FAILED TO APPEAR. VOLUME # 942 PAGE # 1884
10/22/2004MOTION MOTION TO JOIN SUBROGATED PARTIES OR TO DISMISS FOR FAILURE TO JOIN FILED BY DEFTS BOBBY AND PATRICIA ROLEN.
11/04/2004FILINGNOTICE OF DEPOSITION - PAUL MILLER, BOBBY ROLEN, PATRICIA ROLEN & MICHAEL MCNAMEE DEPOSITION TO BE TAKEN ON TUESDAY, DEC. 2, 2004, AT 9:00 A.M. AT THE OFFICE OF RICHARD D. PANZA FILED BY DEFT, POWERMARK HOMES.
12/03/2004FILING NOTICE OF THE FILING OF THE DEPOSITION TRANSCRIPT OF MICHAEL W. ELY- FILED BY DEFTS, BOBBY & PATRICIA ROLEN
12/03/2004DEPOSITIONDEPOSITION OF MICHAEL W. ELY, TAKEN ON MONDAY, SEPT. 20, 2004, AT 1:07 P.M., AT THE OFFICE OF KERNS, HURT & PROE FILED BY DEFTS, BOBBY & PATRICIA ROLEN.
12/13/2004MOTION RENEWED MOTION TO JOIN SUBROGATED PARTIES- FILED BY DEFT, BOBBY & PATRICIA ROLEN.
12/16/2004MOTIONMOTION TO STRIKE PLNTFF'S BRIEF IN OPPOSITION TO MOTION TO JOIN FILED BY DEFTS, BOBBY & PATRICIA ROLEN.
12/16/2004FILING NOTICE OF APPEARANCE- PATRICK F. ROCHE & MARTIN J. MURPHY WILL REPRESENT THE PLNTFFS AS CO-COUNSEL WITH TIMOTHY DELANEY FILED BY PLNTFFS.
12/16/2004FILINGPLNTFF'S BRIEF IN OPPOSITION TO MOTION TO JOIN FILED .
12/21/2004(LMM) DEFTS BOBBY AND PATRICIA ROLEN'S MOTION TO JOIN SUBROGATED PARTIES IS GRANTED. PRETRIAL REMAINS SET FOR MARCH 3, 2005 AT 8:30 A.M. VOLUME # 948 PAGE # 1221
12/22/2004MOTIONMOTION FOR SUMMARY JUDGMENT FILED. BY DEFT, POWERMARK HOMES, INC.
12/22/2004FILING NOTICE OF FILING DEPOSITION OF MICHAEL MCNAMEE TAKEN 12-2-04 FILED BY DEFT POWERMARK HOMES, INC.
12/22/2004FILINGNOTICE OF FILING DEPOSITION OF BOBBY ROLEN TAKEN 12-2-04 FILED BY DEFT PWERMARK HOMES, INC.
12/22/2004FILING NOTICE OF FILING DEPOSITION OF PAUL MILLER TAKEN 12-2-04 FILED BY DEFT POWERMARK HOMES, INC.
12/22/2004FILINGNOTICE OF FILING DEPSOITION OF MICHAEL ELY TAKEN 9-20-04 FILED BY DEFT POWERMARK HOMES, INC.
12/22/2004DEPOSITION DEPOSITION OF PAUL MILLER TAKEN 12-2-04 FILED.
12/22/2004DEPOSITIONDEPOSITION OF BOBBY ROLEN RAKEN 12-2-04 FILED.
12/22/2004DEPOSITION DEPOSITION OF MICHAEL MCNAMEE TAKEN 12-2-04 FILED.
01/04/2005MOTIONMOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE FILED BY DEFT, PAUL MILLER DBA COUNTRYSIDE FRAMING.
01/04/2005FILING POWERMARK HOMES, INC.'S NOTICE OF SUPPLEMENTAL AUTHORITY FILED.
01/04/2005FILINGNOTICE OF THE FILING OF THE DEPOSITION TRANSCRIPTS OF PATRICIA ROLEN & MARK POWERS FILED BY DEFTS, BOBBY & PATRICIA ROLEN.
01/04/2005DEPOSITION DEPOSITION OF PATRICIA ROLEN, TAKEN ON THURSDAY, DEC. 2, 2004, AT 11:00 A.M. AT THE OFFICE OF WICKENS, HERZER, PANZA, COOK & BATISTA FILED BY DEFTS, BOBBY & PATRICIA ROLEN
01/04/2005DEPOSITIONDEPOSITION OF MARK POWERS, TAKEN ON WEDNESDAY, MAY 19, 2004, AT 2:00 P.M. AT THE OFFICE OF MCNEAL, SHICK, ARCHIBALD & BIRO CO. FILED BY DEFT, BOBBY & PATRICIA ROLEN.
01/07/2005(LMM) IT IS ORDERED THAT PAUL MILLER DBA COUNTRYSIDE FRAMING IS HEREBY GRANTED AN ADDITIONAL 7 DAYS, UP TO AND INCLUDING JAN 11, 2005 WITHIN WHICH TO FILE A DISPOSITIVE MOTION. VOLUME # 949 PAGE # 610
01/11/2005DEPOSITIONDEPOSITION OF PAUL MILLER TAKEN 9-20-04 FILED.
01/11/2005FILING DEFT PAUL MILLER DBA COUNTRYSIDE FRAMING'S MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF FILED.
01/11/2005FILINGNOTICE OF FILING DEPOSITION TRANSCRIPT OF PAUL MILLER DBA COUNTRYSIDE FRAMING FILED.
01/14/2005FILING DEFT, PAUL MILLER DBA COUNTRYSIDE FRAMING'S RESPONSE TO DEFTS, BOBBY & PAT ROLENS' MOTION FOR SUMMARY JUDGMENT FILED
01/18/2005MOTIONMOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS TO EACH DEFT'S MOTION FOR SUMMARY JUDGMENT FILED BY PLNTFF.
01/19/2005FILING BRIEF IN OPPOSITION OF DEFTS BOBBY AND PAT ROLEN TO CROSS-CLAIMANTS' MOTION FOR SUMMARY JUDGMENT FILED.
01/21/2005(LMM)PLNTFFS' MOTION FOR AN EXTENSION OF TIME TO RESPOND TO DEFTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED. PLNTFFS ARE UNTIL FEB. 20, 2005 TO RESPOND TO DEFTS' MOTIONS FOR SUMMARY JUDGMENT. DEFTS' REPLY BRIEFS SHALL BE FILED BY MARCH 2, 2005. COURT TO RULE THEREAFTER. VOLUME # 950 PAGE # 977
02/18/2005MOTION PLNTFFS' MOTION FOR SUMMARY JUDGMENT AGAINST POWERMARK HOMES, INC., & PAUL MILLER & PLNTFFS' BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMETN FILED BY DEFTS: POWERMARK HOMES, INC., & BOBBY & PAT ROLEN & PAUL MILLER FILED BY PLNTFFS.
02/18/2005FILINGNOTICE OF FILING OF THE VIDEOTAPE TAKEN BY B. ROLEN- FILED BY PLNTFFS.
02/18/2005DEPOSITION VIDEO TAPE DEPOSITION OF CONSTRUCTION OF B. ROLEN'S HOUSE AT 25025 CASTLEBAR COURT FILED BY PLNTFF.
02/25/2005FILINGREPLY BRIEF IN SUPPORT OF MOTION OF DEFTS, BOBBY & PAT ROLEN FOR SUMMARY JUDGMENT FILED.
03/02/2005MOTION MOTION TO STRIKE AFFIDAVIT OF ROBERT C. SUGARMAN FILED BY DEFT, PAUL MILLER DBA COUNTRYSIDE FRAMING.
03/02/2005FILINGCOMBINED: BRIEF IN OPPOSITION TO PLNTFFS' MOTION FOR SUMMARY JUDGMENT & REPLY TO PLNTFFS' BRIEF IN OPPOSITION TO DEFT, PAUL MILLER DBA COUNTRYSIDE FRAMING'S MOTION FOR SUMMARY JUDGMENT FILED BY DEFT, PAUL MILLER DBA COUNTRYSIDE FRAMING.
03/02/2005MOTION MOTION TO STRIKE EXHIBIT 4 OF PLNTFFS' BRIEF IN OPPOSITION TO DEFTS' MOTIONS FOR SUMMARY JUDGMENT FILED BY DEFT, POWERMARK HOMES, INC.
03/02/2005MOTIONPOWERMARK HOMES, INC.'S MOTION TO STRIKE PLNTFFS' MOTION FOR SUMMARY JUDGMENT IN THE ALTERNATIVE POWERMARK'S BRIEF IN OPPOSITION TO PLNTFFS' MOTION FOR SUMMARY JUDGMENT FILED.
03/02/2005FILING POWERMARK HOMES, INC.'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT FILED.
03/03/2005FILINGSECOND AMENDED COMPLAINT FILED BY PLNTFF. (JURY DEMAND ENDORSED HEREON)
03/04/2005SUMMONS SUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: POWERMARK HOMES, INC. CERTIFIED MAIL # 716009150906 (SECOND AMENDED)
03/04/2005SUMMONSSUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: BOBBY ROLAND CERTIFIED MAIL # 716009150907 (SECOND AMENDED COMPLAINT)
03/04/2005SUMMONS SUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: PATRICIA ROLAND CERTIFIED MAIL # 716009150908 (SECOND AMENDED COMPLAINT)
03/04/2005SUMMONSSUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: PAUL MILLER CERTIFIED MAIL # 716009150909 (SECOND AMENDED COMPLAINT)
03/04/2005SUMMONS SUMMONS W/ COPY OF COMPLAINT SENT CERTIFIED MAIL TO: MEDICAL MUTUAL SUPER MED PLUS CERTIFIED MAIL # 716009150910 (SECOND AMENDED COMPLAINT)
03/04/2005(LMM)CASE CALLED FOR PRE-TRIAL. PLTFF SHALL RESPOND TO THE MOTION TO STRIKE BY 03/16/05. COURT TO RULE THEREAFTER. VOLUME # 953 PAGE # 1023
03/08/2005MOTION MOTION OF DEFTS BOBBY AND PAT ROLEN TO STRIKE AFFIDAVIT FILED.
03/08/2005RETURNSIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7160 915 909 PAUL MILLER DBA COUNTRY SIDE FRAMING (2ND AMEND) (NO DATE)
03/11/2005RETURN SIGNED RECEIPT FOR CERTIFIED MAIL RETURNED AND FILED. 7160 915 906 POWERMARK HOMES INC. (2ND AMEND) (03/05/05) 7160 915 907 BOBBY ROLAND (2ND AMEND) (03/07/05) 7160 915 908 PATRICIA ROLAND (2ND AMEND) (03/07/05) 7160 915 910 MEDICAL MUTUAL SUPER MED PLUS (2ND AMEND) (03/07/05)
03/16/2005ANSWERANSWER OF DEFTS BOBBY AND PATRICIA ROLEN TO SECOND AMENDED COMPLAINT (W/JURY DEMAND ENDORSED HEREON) FILED.
03/16/2005FILING PLTFS' SUMMARY JUDGMENT REPLY BRIEF FILED.
03/16/2005FILINGPLTFS' BRIEF IN OPPOSITION TO DEFT POWERMARK'S MOTION TO STRIKE PLTF'S MOTION FOR SUMMARY JUDGMENT AND PLTF'S MOTION FOR LEAVE TO FILE SUMMARY JUDGMENT INSTANTER FILED.
03/16/2005FILING PLTFS' RESPONSE TO THE DEFTS' MOTIONS TO STRIKE FILED.
03/25/2005FILINGSURREPLY IN SUPPORT OF DEFT POWERMARK'S BRIEF IN OPPOSITION TO PLTF'S MOTION FOR SUMMARY JUDGMENT FILED.
03/25/2005FILING REPLY IN SUPPORT OF DEFT POWERMARK'S MOTION TO STRIKE PLTF'S MOTION FOR SUMMARY JUDGMENT AND BRIEF IN OPPOSITION TO MOTION FOR LEAVE FILED.
03/25/2005FILINGREPLY BRIEF IN SUPPORT OF DEFT POWERMARK'S MOTION TO STRIKE PLTF'S EXHIBIT 4 FILED.
04/01/2005MOTIONDEFT PAUL MILLER DBA COUNTRYSIDE FRAMING'S MOTION FOR LEAVE TO ANSWER TO PLTFS' SECOND AMENDED COMPLAINT AND RESTATED CROSS-CLAIM INSTANTER FILED.
04/05/2005ANSWER ANSWER OF POWERMARK HOMES, INC. TO SECOND AMENDED COMPLAINT AND CROSS-CLAIM AGAINST BOBBY AND PATRICIA ROLEN (JURY DEMAND ENDORSED HEREON)
04/07/2005FILINGREPLY OF DEFTS BOBBY & PATRICIA ROLEN TO SECOND AMENDED CROSS-CLAIM OF POWERMARK HOMES, INC. (W/JURY DEMAND ENDORSED HEREON) FILED.
04/07/2005FILING REPLY OF DEFTS, THE ROLENS, TO SECOND AMENDED CROSS-CLAIM BY PAUL MILLER (W/JURY DEMAND ENDORSED HEREON) FILED.
04/07/2005FILINGRESTATED CROSS-CLAIM OF DEFTS, THE ROLENS, AGAINST POWERMARK HOMES, INC. (W/JURY DEMAND ENDORSED HEREON) FILED.
04/07/2005FILING RESTATED CROSS-CLAIM OF DEFTS, THE ROLENS, AGAINST PAUL MILLER DBA COUNTRYSIDE FRAMING (W/JURY DEMAND ENDORSED HEREON) FILED.
04/07/2005FILINGCROSS-CLAIM OF DEFTS, THE ROLENS, AGAINST JOHN DOE DEFTS (W/JURY DEMAND ENDORSED HEREON) FILED.
04/12/2005ANSWER RESTATED ANSWER OF DEFT PAUL MILLER TO RESTATED CROSS-CLAIM OF DEFTS THE ROLENS AGAINST PAUL MILLER DBA COUNTRYSIDE FRAMING (JURY DEMAND ENDORSED HEREON)
04/13/2005ANSWERANSWER FILED BY POWERMARK HOMES, INC. TO RESTATED CROSS-CLAIM OF BOBBY AND PATRICIA ROLEN (JURY DEMAND ENDORSED HEREON) \
04/14/2005(LMM) THIS MATTER CAME BEFORE THE COURT ON DEFT PAUL MILLER DBA COUNTRYSIDE FRAMING'S MOTION FOR LEAVE TO FILE ANSWER TO PLTFS' SECOND AMENDED COMPLAINT AND RESTATED CROSS-CLAIM INSTANTER. UPON DUE CONSIDERATION THEREOF, THIS COURT FINDS SAID MOTION TO BE WELL TAKEN. IT IS HEREBY ORDERED THAT DEFT PAUL MILLER DBA COUNTRYSIDE FRAMING'S MOTION FOR LEAVE TO FILE ANSWER TO PLTFS' SECOND AMENDED COMPLAINT AND RESTATED CROSS-CLAIM INSTANTER BE, AND HEREBY IS, GRANTED. VOLUME # 955 PAGE # 3154
04/14/2005ANSWERANSWER OF DEFT PAUL MILLER DBA COUNTRYSIDE FRAMING TO SECOND AMENDED COMPLAINT AND RESTATED CROSS-CLAIM (W/JURY DEMAND ENDORSED HEREON) FILED.
04/20/2005MOTION DEFT MEDICAL MUTUAL OF OHIO'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLTF'S SECOND AMENDED COMPLAINT FILED.
04/29/2005(LMM)DEFT MEDICAL MUTUAL OF OHIO IS GRANTED LEAVE UNTIL 5-6-05, TO ANSWER OR OTHERWISE RESPOND TO PLTF'S SECOND AMENDED COMPLAINT. IT IS SO ORDERED. VOLUME # 956 PAGE # 2968
06/01/2005(LMM) THE MOTIONS FOR SUMMARY JUDGMENT ARE DENIED. THE MOTIONS TO STRIKE ARE ALSO DENEID. THE ABOVE-CAPTIONED CASE IS ORDERED TO MEDIATION WHICH SHALL BE CONDUCTED BY THE COURT MEDIATOR. MEDIATION SHALL BE SCHEDULED AS SOON AS MEDIATOR'S SCHEDULE ALLOWS. COURT MEDIATOR SHALL PROVIDE NOTICE TO ALL PARTIES AND COUNSEL OF RECORD AS TO DATE AND TIME FOR MEDIATION. CONTINUANCES OF THE DATE AND TIME FOR MEDIATION SHALL ONLY BE GRANTED UPON GOOD CAUSE SHOWN. VOLUME # 959 PAGE # 192
06/14/2005FILINGA MEDIATION CONFERENCE ON THE ABOVE CAPTIONED CASE HAS BEEN SCHEDULED ON 11-17-05, AT 9:00, AT THE LORAIN COUNTY JUSTICE CENTER MEDIATION OFFICE. TRIAL COUNSEL, ALL PARTIES AND IF APPLICABLE, THE INSURANCE ADJUSTERS, ALL WITH AUTHORITY TO SETTLED, MUST ATTEND.
06/16/2005FILING NOTICE OF APPEARANCE OF ROBERT D. KEHOE AND J. BRIAN KENNEY AS COUNSEL FOR DEFT MEDICAL MUTUAL OF OHIO IN PLACE OF ISAAC EDDINGTON FILED.
06/16/2005MOTIONDEFT MEDICAL MUTUAL OF OHIO'S MOTION TO FILE ITS ANSWER AND COUNTERCLAIM INSTANTER FILED.
07/15/2005(LMM) DEFT MEDICAL MUTUAL OF OHIO, INC. IS GRANTED LEAVE TO FILE ITS ANSWER AND COUNTERCLAIM, INSTANTER. IT IS SO ORDERED. VOLUME # 961 PAGE # 3063
07/15/2005ANSWERANSWER AND COUNTERCLAIM OF DEFT MEDICAL MUTUAL OF OHIO (W/JURY DEMAND ENDORSED HEREON) FILED.
09/30/2005FILING NOTICE OF SERVICE OF DEFTS BOBBY AND PATRICIA ROLEN'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS FILED.
10/11/2005FILINGNOTICE THAT A MEDIATION CONFERENCE ON THE ABOVE-CAPTIONED CASE HAS BEEN RESCHEDULED ON 3-30-06, AT 9:00 AT THE LORAIN COUNTY JUSTICE CENTER MEDIATION OFFICE FILED.
01/05/2006FILING NOTICE OF SERVICE OF POWERMARK HOMES, INC.'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO MICHAEL W. ELY FILED.
01/25/2006FILINGDEFTS' NOTICE TO TAKE DEPOSITION OF DR. ROBERT C. SUGARMAN, PLTF'S VISUAL ACUITY EXPERT, AT HIS OFFICE LOCATED AT 4455 GENESEE STREET, CALSPAN BLDG., CHEEKTOWAGA, NY ON 2-3-06, AT 11:00 A.M. FILED.
03/20/2006MOTION JOINT MOTION OF DEFTS TO RECONSIDER DENIAL OF SUMMARY JUDGMENT FILED.
03/30/2006FILINGDEPOSITION OF ROBERT C. SUGARMAN, PH.D. TAKEN 2-3-06, FILED.
03/30/2006FILING PLTFS' NOTICE OF FILING DEPOSITION TRANSCRIPT OF ROBERT C. SUGARMNA, TAKEN 2-3-06, FILED.
03/30/2006FILINGPLTF'S BRIEF IN OPPOSITION TO DEFTS' MOTION TO RECONSIDER FILED.
04/11/2006(LMM) THIS MATTER CAME BEFORE THE COURT UPON THE MOTION OF DEFENDANTS TO RECONSIDER THE DECISION DATED JUNE 1, 2005 WHICH DENIED THEIR MOTIONS FOR SUMMARY JUDGMENT. DEFENDANT'S MOTION TO RECONSIDER THE DECISION DATED JUNE 1, 2005 IS DENIED. VOLUME # 979 PAGE # 2370
04/18/2006(LMM)MEDIATION WAS HELD ON MARCH 30, 2006. CASE IS SET FOR PRETRIAL ON MAY 25, 2006 AT 10:00 AM. SEE JOURNAL. VOLUME # 980 PAGE # 492
04/20/2006FILING NOTICE OF DEPOSITION OF MCNEAL SCHICK WILL BE TAKEN 5-9-06 FILED BY DEFT POWERMARK HOMES, INC.
05/30/2006(LMM)CASE CALLED FOR PRE-TRIAL. CASE IS SET FOR JURY TRIAL ON 1/22/07, AT 8:00. SEE FINAL PRE-TRIAL ORDER. FINAL PRE-TRIAL SET FOR 1/9/07, AT 10:00 A.M. PARTIES TO PREPARE & FILE STIPULATED FACTS ON OR BEFORE 1/9/07. SEE JRNL. VOLUME # 982 PAGE # 3258
01/08/2007MOTION DEFENDANT'S MOTION IN LIMINE FILED.
01/11/2007FILINGNOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANTS BOBBY AND PATRICIA ROLEN: THE NAME OF TIMOTHY J. PUIN, ESQ. TO BE REMOVED AS COUNSEL FOR DEFENDANTS AND THE NAME OF BRIAN D. KERNS, ESQ. IN PLACE AS COUNSEL FOR DEFENDANTS.
01/12/2007(JMB)PRETRIAL CONFERENCE HELD. JURY TRIAL SET FOR JANUARY 22, 2007 IS CANCELLED. DAUBERT HEARING SET FOR MARCH 21, 2007 AT 1:30 P.M. FINAL PRETRIAL CONFERENCE SET FOR AUGUST 27, 2007 AT 1:30 P.M. JURY TRIAL SET FOR AUGUST 29, 2007 AT 9:00 A.M. SEE JOURNAL.
01/26/2007MOTION MOTION FOR APPOINTMENT OF PRERSON TO SERVE PROCESS FILED.
01/30/2007N/ANOTICE OF SERVICE OF RESPONSES TO DISCOVERY REQUESTS FILED.
01/30/2007(JMB) IT IS HEREBY ORDERED THAT MESSRS. VAUGHN R. STUMP AND JERRY DAGGETT BE, AND HEREBY ARE, APPOINTED AGENTS FOR SERVICE OF MOTIONS, ORDERS, SUBPOENAS, OTHER PROCESS AND OTHER PAPERS FOR DEFENDANT MILLER. SEE JOURNAL.
02/01/2007N/ANOTICE OF SERVICE FILED BY DEFENDANT.
02/12/2007N/A SUBPOENA DUCES TECUM TO THE OHIO BUREAU OF WORKCERS' COMPENSTION TO: CUSTODIAN OF RECORDS FILED.
02/21/2007MOTIONMOTION FOR RECONSIDERATION OF DEFTS BOBBY AND PAT ROLENS' MOTION FOR SUMMARY JUDGMENT FILED.
02/23/2007ANSWER ANSWER AND RESPONSE OF BOBBY AND PATRICIA ROLEN TO PLAINTIFFS' COMBINED INTERROGATORY AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS FILED.
03/06/2007(JMB)EXIST TRIABLE ISSUES OF FACT,DEFENDANT'S MOTION FOR SUMMARY JUDGMENT HAVING BEEN RECONSIDERED,IS OVERRULED. (SEE JOURNAL)