State Farm Mutual Automobile Ins. Co. Vs. Cayden Shae Simmons

DEFENDANT ROSE'S MOTION FOR RELIEF FROM JUDGMENT, FILED 08/10/2022, IS GRANTED. DEFENDANT ROSE'S ANSWER AND CROSS-CLAIM, FILED 09/12/2022, IS ACCEPTED AND DEEMED PROPERLY FILED. NOTICE ISSUED

PURSUANT TO DEFENDANT ROSE'S 09/14/2022 NOTICE OF PARTIAL DISMISSAL, DEFENDANT ROSE'S CROSS-CLAIM AGAINST CO-DEFENDANT SIMMONS ONLY IS DISMISSED WITH PREJUDICE. NOTICE ISSUED

TELEPHONE CONFERENCE HELD ON 09/08/2022. COUNSEL FOR THE RESPECTIVE PARTIES PARTICIPATED AND PROVIDED THE COURT WITH AN UPDATE ON THE CASE. FOR GOOD CAUSE AND AS AGREED, A FURTHER STATUS UPDATE TELEPHONE CONFERENCE IS SCHEDULED AS FOLLOWS: TELEPHONE CONFERENCE SET FOR 10/12/2022 AT 11:30 AM. PLAINTIFF'S COUNSEL TO INITIATE THE PHONE CALL TO DEFENSE COUNSEL AND THEN TO THE COURT'S STAFF ATTORNEY, BRANDILYN COOK, AT 216-443-8588. NOTICE ISSUED

PARTIAL DISMISSAL ENTRY AS TO DEFENDANT CAYDEN SHAE SIMMONS ONLY. OSJ. PARTIAL. NOTICE ISSUED

ANSWER AND CROSSCLAIM $75 DEFENDANT'S ANSWER TO FIRST AMENDED COMPLAINT WITH CROSS-CLAIM

AFFIDAVIT FILED BY P1 STATE FARM MUTUAL AUTOMOBILE INS. CO. ATTORNEY HERBERT L NUSSLE 0063551 AFFIDAVIT OF SERVICE

THE COURT NOTES DEFENDANT ELLEN ROSE'S 08/10/2022 MOTION FOR RELIEF OF JUDGMENT. FOR GOOD CAUSE AND AS AGREED, A TELEPHONE CONFERENCE IS SCHEDULED AS FOLLOWS: TELEPHONE CONFERENCE SET FOR 09/08/2022 AT 11:45 AM. PLAINTIFF'S COUNSEL TO INITIATE THE PHONE CALL TO DEFENSE COUNSEL AND THEN TO THE COURT'S STAFF ATTORNEY, BRANDILYN COOK, AT 216-443-8588. NOTICE ISSUED

CMC BY PHONE HELD ON 07/19/2022. PLAINTIFF'S COUNSEL PARTICIPATED. DEFENSE COUNSEL FOR DEFENDANT SIMMONS PARTICIPATED. NO PARTICIPATION BY OR ON BEHALF OF DEFENDANT ROSE OR DEFENDANT WISE. THE PRESENT PARTIES PROVIDED THE COURT WITH AN UPDATE ON THE CASE. FOR GOOD CAUSE AND AS AGREED, THE CASE MANAGEMENT SCHEDULE WAS SET AS FOLLOWS: DISCOVERY DEADLINE IS 10/19/2022. AT THE REQUEST OF THE PARTIES, THE CASE IS HEREBY REFERRED TO MEDIATION. ANY MEDIATION IS TO BE COMPLETED BETWEEN 11/01/2022 TO 12/15/2022. PLAINTIFF'S EXPERT REPORT DEADLINE IS 11/18/2022. DEFENDANT'S EXPERT REPORT DEADLINE IS 01/09/2023. DISPOSITIVE MOTIONS ARE TO BE FILED WITH LEAVE OF COURT ONLY. ANY BRIEFING IS DUE IN ACCORDANCE WITH CIV.R. 6. 28 DAYS FOR A BRIEF IN OPPOSITION. 7 DAYS FOR A REPLY BRIEF. FINAL PRETRIAL SET FOR 02/14/2023 AT 01:30 PM. COURTROOM 16-B. CLIENTS OR AUTHORIZED REPRESENTATIVES ARE REQUIRED TO BE PRESENT. INFORMATION ON THE SETTLEMENT PROCESS THE COURT UTILIZES IS AVAILABLE ON JUDGE JOHN RUSSO'S WEB PAGE ON THE COUNTY WEBSITE AT HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-JOHN-J-RUSSO/. TRIAL BY JURY SET FOR 03/29/2023 AT 09:00 AM. COURTROOM 16-B. IN ACCORDANCE WITH CIV.R. 6, THE COURT ORDERS THAT ANY MOTION IN LIMINE IS TO BE FILED AT LEAST 28 DAYS BEFORE THE TRIAL. ANY RESPONSE IS DUE 14 DAYS THEREAFTER. NO REPLY SHALL BE PERMITTED. THE COURT ADDITIONALLY ORDERS THAT 14 DAYS BEFORE THE TRIAL ALL PARTIES ARE TO FILE THE FOLLOWING: (1) TRIAL BRIEFS, (2) WITNESS LISTS, (3) EXHIBIT LISTS, (4) JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS IF APPLICABLE, (5) STIPULATIONS, AND (6) AN AGREED UPON STATEMENT OF THE CASE TO BE READ TO THE JURY. WITH RESPECT TO JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS, THE PARTIES ARE TO PROVIDE THE COURT WITH ONE CONSOLIDATED SET OF INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS THAT INCLUDES ALL THE INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS TO WHICH THE PARTIES AGREE AND THAT IDENTIFIES ALL THE INSTRUCTIONS/INTERROGATORIES/VERDICT FORMS TO WHICH THE PARTIES DISAGREE. A COURTESY COPY OF THE PARTIES' CONSOLIDATED SET OF JURY INSTRUCTIONS, JURY INTERROGATORIES, AND/OR JURY VERDICT FORMS IN WORD FORMAT SHOULD BE EMAILED TO THE COURT'S STAFF ATTORNEY. ON THE DATE OF TRIAL, THE COURT ORDERS THAT THE PARTIES PREPARE EITHER A JOINT OR SEPARATE BINDER OF THE EXHIBITS AND PROVIDE COPIES FOR THE COURT, THE WITNESS STAND, AND OPPOSING COUNSEL. FOR GOOD CAUSE AND AS AGREED, A FURTHER STATUS UPDATE TELEPHONE CONFERENCE IS SCHEDULED AS FOLLOWS: TELEPHONE CONFERENCE SET FOR 12/16/2022 AT 11:00 AM. PLAINTIFF'S COUNSEL TO INITIATE THE PHONE CALL TO DEFENDANT AND/OR DEFENSE COUNSEL AND THEN TO THE COURT'S STAFF ATTORNEY, BRANDILYN COOK, AT 216-443-8588. NOTICE ISSUED

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 07/06/2022, IS GRANTED VIA THIS COURT'S ATTACHED ORDER. OSJ. PARTIAL. 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

MOTION FOR RELIEF FROM JUDGMENT $30 FILED BY DAVID SHERMAN (0096275) DEFENDANT'S MOTION FOR RELIEF OF JUDGMENT 09/15/2022 - GRANTED

AFFIDAVIT FILED BY P1 STATE FARM MUTUAL AUTOMOBILE INS. CO. ATTORNEY HERBERT L NUSSLE 0063551 AFFIDAVIT OF DAMAGES

AFFIDAVIT FILED BY P1 STATE FARM MUTUAL AUTOMOBILE INS. CO. ATTORNEY HERBERT L NUSSLE 0063551 AFFIDAVIT OF MILITARY STATUS

NOTICE OF APPEARANCE, FILED D1 CAYDEN SHAE SIMMONS LIZ ROCHELLE PHILLIPS 0097953. NOTICE OF APPEARANCE AS COUNSEL FOR DEFENDANT CAYDEN SHAE SIMMONS

ANSWER AND CROSSCLAIM $75 DEFENDANT CAYDEN SHAE SIMMONS ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND CROSS-CLAIM AGAINST DEFENDANTS ELLEN BECKA ROSE AND MARLA S. WISE (WITH JURY DEMAND ENDORSED HEREON)

MOTION FOR DEFAULT JUDGMENT 07/22/2022 - GRANTED

CASE FILED: COMPLAINT

SUMS COMPLAINT(47410953) SENT BY CERTIFIED MAIL. TO: CAYDEN SHAE SIMMONS 7858 RICHWOOD DR. MENTOR ON THE LAKE, OH 44060

PARTIAL DISMISSAL ENTRY. THE COURT HEREBY RETAINS JURISDICTION OVER THE TERMS AND CONDITIONS OF THIS SETTLEMENT. OSJ. PARTIAL. COURT COST ASSESSED AS DIRECTED. 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

TELEPHONE CONFERENCE HELD ON 10/12/2022. COUNSEL FOR THE RESPECTIVE PARTIES PARTICIPATED AND PROVIDED THE COURT WITH AN UPDATE ON THE CASE. FOR GOOD CAUSE AND AS AGREED, A FURTHER STATUS UPDATE TELEPHONE CONFERENCE IS SCHEDULED AS FOLLOWS: TELEPHONE CONFERENCE SET FOR 11/16/2022 AT 11:00 AM. PLAINTIFF'S COUNSEL TO INITIATE THE PHONE CALL TO DEFENSE COUNSEL AND THEN TO THE COURT'S STAFF ATTORNEY, BRANDILYN COOK, AT 216-443-8588. NOTICE ISSUED

COUNSEL ADVISED THE COURT THAT THE CASE HAS SETTLED. THE COURT HEREBY REMOVES THIS CASE FROM THE COURT'S ACTIVE DOCKET PENDING A FINAL ENTRY TO BE FILED BY THE PARTIES WITHIN 30 DAYS INDICATING THE FINAL DISPOSITION OF THE CASE AND THE ASSIGNMENT OF COSTS. COURT COST ASSESSED AS DIRECTED. NOTICE ISSUED