Gloria Chiabai, Administratrix Vs. Inner City Nursing Home, Inc.

TELEPHONE CONFERENCE HELD ON 05/05/2022. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT FAILED TO APPEAR. THIS MATTER IS HEREBY DISMISSED WITHOUT PREJUDICE. FINAL. SO ORDERED. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED

CASE FILED: COMPLAINT

THE CLERK IS HEREBY ORDERED TO STRIKE THE ANSWER OF DEFENDANT INNER CITY NURSING HOPE, INC., FILED 11/04/2021. UNDER OHIO LAW, A CORPORATION IS A "PERSON" THAT MUST BE REPRESENTED BY LEGAL COUNSEL. UNION SAV. ASS'N V. HOME OWNERS AID, 23 OHIO ST.2D 60, 262 N.E.2D 558 (1970). AN AGENT OF A CORPORATION MAY NOT REPRESENT THE CORPORATION IN LEGAL PROCEEDINGS UNLESS LICENSED IN THE STATE OF OHIO AS AN ATTORNEY. OFFICE OF DISCIPLINARY COUNSEL V. SHRODE, 95 OHIO ST.3D 137, 2002-OHIO-1759, 766 N.E.2D 597. THE COURT FINDS THAT MELVIN G. PYE, JR. IS NOT A LICENSED ATTORNEY AND CANNOT FILE AN ANSWER ON BEHALF OF INNER CITY NURSING HOME, INC. SO ORDERED. NOTICE ISSUED

CASE CALLED FOR A CMC BY PHONE ON 12/07/2021. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT INNER CITY NURSING HOME, INC. FAILED TO APPEAR. THE COURT SET THE FOLLOWING SCHEDULE: HEARING SET FOR 01/04/2022 AT 11:00 AM. HEARING SHALL BE CONDUCTED VIA ZOOM. ALL PARTIES INCLUDING THOSE WITH SETTLEMENT AUTHORITY MUST APPEAR VIA ZOOM. ALL PARTIES ARE TO LOG INTO THE ZOOM MEETING AT THE SCHEDULED DATE AND TIME. COUNSEL FOR THE PARTIES WILL RECEIVE AN EMAIL CONTAINING THE LOGIN CREDENTIALS FOR THE CONFERENCE. SO ORDERED. NOTICE ISSUED

HEARING SET FOR 02/10/2022 AT 01:30 PM. HEARING WILL BE HELD VIA ZOOM. HEARING TO SHOW CAUSE WHY INNER CITY NURSING HOME, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH THIS COURT'S PRIOR ORDER, DATED 01/05/2022. ALL PARTIES ARE TO LOG INTO THE ZOOM MEETING AT THE SCHEDULED DATE AND TIME. COUNSEL FOR THE PARTIES WILL RECEIVE AN EMAIL CONTAINING THE LOGIN CREDENTIALS FOR THE CONFERENCE. COUNSEL FOR PLAINTIFF SHALL FORWARD THE ZOOM LINK TO INNER CITY NURSING HOME, INC. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED

HEARING HELD VIA ZOOM ON 01/04/2022. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT FAILED TO APPEAR. DEFENDANT INNER CITY NURSING HOME, INC. SHALL PRODUCE TO PLAINTIFF'S COUNSEL BY 01/20/2022 THE FOLLOWING MEDICAL RECORDS FOR DECEDENT ARTHUR JONES, JR., INCLUDING BUT NOT LIMITED TO: A) RESIDENT FACE SHEET; B) ALL NURSING ASSESSMENTS; C) ALL BRADEN SKIN ASSESSMENTS; D) ANY AND ALL RECORDS OF RESIDENT'S FALLS, AND/OR INCONTINENCE; E) ALL NURSING PROGRESS NOTES; F) ALL PHYSICIAN ORDERS; G) DISCHARGE SUMMARY; H) MEDICATION ADMINISTRATION RECORDS (MARS); I) TREATMENT ADMINISTRATION RECORDS (TARS); J) ALL CARE PLANS AND INTERDISCIPLINARY CARE PLAN MEETING RECORDS; K) VITALS/WEIGHT MEASUREMENT RECORDS; L) DIAGNOSTIC TESTING RECORDS; M) SOCIAL SERVICE DOCUMENTATION; N) MEDICAL DOCTOR ASSESSMENTS; O) CARE KARDEX; P) MEAL INTAKE RECORDS; AND Q) STNA DOCUMENTATION, INCLUDING BMS AND ADLS. FOR ANY AND ALL SUCH RECORDS WHICH HAVE BEEN LOST OR DESTROYED, A CUSTODIAN OF RECORDS FOR DEFENDANT SHALL PROVIDE AN AFFIDAVIT IDENTIFYING SUCH RECORDS, STATING WHETHER LOST OR DESTROYED, AND IF DESTROYED, THE DATE ON WHICH DESTROYED, AND THE REASON(S) WHY DESTROYED. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN CONTEMPT OF COURT, INCLUDING FINES AND A TERM OF IMPRISONMENT PURSUANT TO ORC 2705.05. SO ORDERED. NOTICE ISSUED

HEARING NOT HELD ON 02/10/2022. HEARING CONTINUED TO A LATER DATE. HEARING SET FOR 03/10/2022 AT 11:00 AM. HEARING WILL BE HELD VIA ZOOM. HEARING TO SHOW CAUSE WHY INNER CITY NURSING HOME, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH THIS COURT'S PRIOR ORDER, DATED 01/05/2022. ALL PARTIES ARE TO LOG INTO THE ZOOM MEETING AT THE SCHEDULED DATE AND TIME. COUNSEL FOR THE PARTIES WILL RECEIVE AN EMAIL CONTAINING THE LOGIN CREDENTIALS FOR THE CONFERENCE. THE CLERK IS HEREBY ORDERED TO SEND A COPY OF THIS COURT'S ORDER TO INNER CITY NURSING HOME C/O MELVIN G. PYE, JR. VIA REGULAR MAIL AND CERTIFIED MAIL AT THE FOLLOWING ADDRESS: 9014 CEDAR AVENUE, CLEVELAND, OHIO 44106. SO ORDERED. NOTICE ISSUED

SHOW CAUSE HEARING SET FOR 03/10/2022 AT 11:00 AM VIA ZOOM. HEARING TO SHOW CAUSE WHY INNER CITY NURSING HOME, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT. ALL PARTIES ARE TO LOG INTO THE ZOOM HEARING AT THE SCHEDULED DATE AND TIME. BELOW IS THE ZOOM LINK FOR THE HEARING: HTTPS://ZOOM.US/J/97462368525?PWD=CNI2ADZIUTYXNHHYOG5TVULLUGLIQT09 MEETING ID: 974 6236 8525 PASSCODE: 634977 ONE TAP MOBILE 8887880099,,97462368525#,,,,*634977# US TOLL-FREE 8335480276,,97462368525#,,,,*634977# US TOLL-FREE DIAL BY YOUR LOCATION 888 788 0099 US TOLL-FREE 833 548 0276 US TOLL-FREE 833 548 0282 US TOLL-FREE 877 853 5247 US TOLL-FREE MEETING ID: 974 6236 8525 PASSCODE: 634977 FIND YOUR LOCAL NUMBER: HTTPS://ZOOM.US/U/ACHJANY3SN THE CLERK IS HEREBY ORDERED TO SEND A COPY OF THIS COURT'S ORDER TO INNER CITY NURSING HOME C/O MELVIN G. PYE, JR. VIA REGULAR MAIL AND CERTIFIED MAIL AT THE FOLLOWING ADDRESS: 9014 CEDAR AVENUE, CLEVELAND, OHIO 44106. SO ORDERED. NOTICE ISSUED

CASE CALLED FOR A SHOW CAUSE HEARING VIA ZOOM ON 03/10/2022. PLAINTIFF APPEARED THROUGH COUNSEL. MELVIN PYE, ADMINISTRATOR OF INNER CITY NURSING HOME, APPEARED. PLAINTIFF ADVISED THE COURT THAT DEFENDANT INNER CITY NURSING HOME RECENTLY PRODUCED NEW DOCUMENTS TO PLAINTIFF. PLAINTIFF SHALL EITHER DISMISS THIS MATTER OR FILE A NOTICE OF DEFICIENT PRODUCTION BY 04/22/2022. THE COURT HEREBY SETS THE FOLLOWING SCHEDULE: TELEPHONE CONFERENCE SET FOR 05/05/2022 AT 10:30 AM. ALL PARTIES ARE TO CALL CONFERENCE CALL NUMBER 978-990-5000 AND ENTER ACCESS CODE 701774# AT THE SCHEDULED DATE AND TIME. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED

ORDERED JE NOTICE(46761880) SENT BY CERTIFIED MAIL. TO: INNER CITY NURSING HOME, INC. CO STATUTORY AGENT MELVIN G. PYE 9014 CEDAR AVENUE CLEVELAND, OH 44106

NOTICE FILED BY P1 GLORIA CHIABAI ATTORNEY DAVID I POMERANTZ 0029723 NOTICE OF DEFICIENT PRODUCTION