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CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 1 of 6
IN THE COURT OF COMMON PLEAS
COUNTY OF SUMMIT
BETH OILER ) CASE NO.: CV-2020-12-3655
)
Plaintiff ) JUDGE ALISON BREAUX
-vs- )
)
TODD CLEAVENGER, et al. ) ORDER
)
Defendant )
- - -
This matter comes before the Court on the following motions filed by Defendant Todd
Cleavenger:
• Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff
Counsel filed February 22, 2024;
• Motion for Leave to Now Proceed with his Counter-Complaint Filed on March 25, 2021
filed February 26, 2024;
• Defendant’s Supplement to Motion for Leave to Request Sanctions Against Attorney
Lawrence Bach, Plaintiff Counsel filed March 1, 2024;
• Motion for Leave to Amend Counter-Complaint Pursuant to Civ.R. 15, Civ.R. 21;
The Court also addresses Plaintiff Beth Oiler’s Motion to Extend Response Time to
Defendant’s Motion for Leave to request Sanctions against Lawrence Bach.
LIMITED PROCEDURAL HISTORY
This case arises as a result of ongoing conduct and litigation between a party convicted
of a criminal offense and his victim.
On December 30, 2020, Plaintiff Beth Oiler (hereinafter referred to as “Plaintiff Oiler”)
filed the Complaint. Subsequently, on June 18, 2021, with leave of Court, Plaintiff Oiler filed
an Amended Complaint naming Todd Cleavenger, Ohio Specialized Investments, Ltd., Fast
Lane of Ohio, LLC, Sunkiss Tanning of Ohio, LLC, Tiki Tanning, LLC, Boardwalk Tans of
Ohio, LLC, Tanning in a Flash of Ohio, LLC, California Rays of Ohio, LLC, TNS Promotions,
1
Tavia Galonski, Summit County Clerk of Courts
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LLC, Prime Suites, LLC, Twinspin, LLC and Armor Packaging, LLC as Defendants. Plaintiff
Oiler’s Amended Complaint set forth the following claims: 1) abuse of process; 2) intentional
infliction of emotional distress; 3) negligent hiring and retention; and 4) alter ago. Default
judgment was subsequently granted against all defendants but for Defendant TNS Promotions
who was later dismissed.
On March 25, 2021, Defendant Cleavenger filed a Counterclaim which set forth the
following claims: 1) fraud; 2) 42 USC §1983 due process violations of the Fourth, Fifth and
Fourteenth Amendments; 3) tortious interference with prospective business advantage; 4) 42
USC §1983 retaliation; 5) 42 USC §1983 civil rights violations; 6) abuse of process; 7)
obstruction of official business; 8) 42 USC §1985 obstruction of justice; 9) 42 USC §1983
destruction of evidence; 10) intentional infliction of emotional distress; 11) reckless infliction
of emotional distress; 12) slander, libel and libel per se; 13) defamation; 14) civil conspiracy;
15) loss of filial consortium; 16) loss of parental consortium; 17) tortious interference with
business contract; 18) tortious interference with a business relationship; and 19) tortious
interference with a contractual relationship.
During the pendency of this action, Defendant Todd Cleavenger (hereinafter referred to
as “Defendant Cleavenger”) has twice attempted to appeal this matter to the Ninth District
Court of Appeals. See Ninth District Court of Appeals Case Nos. CA-30132 (filed September
27, 2021) and CA-30253 (filed March 7, 2022). The Ninth District Court of Appeals rejected
both attempts. Id.
Subsequently, Defendant Cleavenger attempted to remove this matter to federal court,
and on June 27, 2022, the United States District Court, Northern District of Ohio, Eastern
Division remanded the matter finding Defendant Cleavenger failed to establish the federal court
had original jurisdiction over the matter. See Order of Remand filed June 27, 2023.
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Tavia Galonski, Summit County Clerk of Courts
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This matter was returned to the Court’s active docket on July 13, 2022. In its order
dated April 20, 2023, this Court granted summary judgment in favor of Plaintiff Oiler as to
Defendant Cleavenger’s Counterclaims. Additionally, this Court set a hearing on whether to
award attorney fees to Plaintiff, which was held by video on September 25, 2023. On October
5, 2023, this Court issued an order denying attorney fees to Plaintiff.
Subsequently, a damages hearing was scheduled for January 4, 2024. Numerous
motions were filed by Defendant Cleavenger and were addressed at the January 4, 2024
hearing, which did not go forward as to the damages sought by Plaintiff. The Court provided
the parties additional time to file their respective motions and responses providing a deadline of
February 22, 2024 for all responses. The Court received numerous additional motions filed by
Defendant Cleavenger and had yet to rule upon them. On February 8, 2024, Plaintiff Oiler then
filed a Notice of Dismissal with the Court resolving all pending issues remaining through the
dismissal of the case.1
Since dismissal of the case, Defendant has filed the following motions:
• Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff
Counsel filed February 22, 2024;
• Motion for Leave to Now Proceed with his Counter-Complaint Filed on March 25, 2021
filed February 26, 2024;
• Defendant’s Supplement to Motion for Leave to Request Sanctions Against Attorney
Lawrence Bach, Plaintiff Counsel filed March 1, 2024;
• Motion for Leave to Amend Counter-Complaint Pursuant to Civ.R. 15, Civ.R. 21;
Plaintiff Oiler also filed a Motion to Extend Response Time to Defendant’s Motion for
Leave to request Sanctions against Lawrence Bach on March 6, 2024.
1
The only issue remaining before this Court was the issue of damages related to the Complaint filed by Plaintiff
Oiler. The motions filed by Defendant Oiler were procedural motions and were rendered moot upon dismissal.
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LAW AND ANALYSIS
Civ. R. 41reads in part:
(A) Voluntary Dismissal: Effect Thereof.
(1) By Plaintiff; By Stipulation. Subject to the provisions of Civ. R.
23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court,
may dismiss all claims asserted by that plaintiff against a defendant by
doing either of the following:
(a) filing a notice of dismissal at any time before the
commencement of trial unless a counterclaim which cannot
remain pending for independent adjudication by the court has
been served by that defendant;
***
The Ninth District Court of Appeals, when discussing Civ.R. 41(A)(1) dismissals, has
held, “[t]his rule has been held to confer upon a party an absolute right to voluntarily terminate
its cause of action at any time prior to the actual commencement of trial.” Douthitt v. Garrison,
3 Ohio App. 3d 254, 255, 444 N.E.2d 1068, 1070 (1981) citing Standard Oil Co. v. Grice
(1975), 46 Ohio App.2d 97, 345 N.E.2d 458 [75 O.O.2d 81].
A Notice of Dismissal pursuant to Civ. R. 41(A)(1) terminates a cause of action and it
follows that any motions filed after the termination are rendered moot.
This Court had previously granted default judgment and summary judgment against all
remaining Defendants, including Defendant Cleavenger, and in favor of Plaintiff Oiler resulting
in damages remaining as the only issue before this Court. While numerous motions were filed
by Defendant Cleavenger making various arguments prior to Plaintiff’s 41(A)(1) dismissal, the
fact that Plaintiff filed the dismissal rendered all Defendant’s pending motions MOOT.
Further, motions filed after the Civ.R. 41(A)(1) dismissal are DENIED. Accordingly, this
Court DENIES Defendant Cleavenger’s Motions filed on February 22, 2024, February 26,
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2024 and March 1, 2024. Additionally, this Court DENIES Plaintiff Oiler’s Motion filed
March 6, 2024.
CONCLUSION
WHEREFORE, this Court ORDERS the following:
1. Defendant Todd Cleavenger’s Motion for Leave to Request Sanctions Against
Attorney Lawrence Bach, Plaintiff Counsel filed February 22, 2024 is hereby
DENIED;
2. Defendant Todd Cleavenger’s Motion for Leave to Now Proceed with his Counter-
Complaint Filed on March 25, 2021 filed February 26, 2024 is hereby DENIED;
3. Defendant Todd Cleavenger’s Defendant’s Supplement to Motion for Leave to
Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed March
1, 2024 is hereby DENIED;
4. Defendant Todd Cleavenger’s Motion for Leave to Amend Counter-Complaint
Pursuant to Civ.R. 15, Civ.R. 21 is hereby DENIED; and
5. Plaintiff Beth Oiler’s Motion to Extend Response Time to Defendant’s Motion for
Leave to request Sanctions against Lawrence Bach on March 6, 2024 is hereby
DENIED.
IT IS SO ORDERED.
JUDGE ALISON BREAUX
CC: ATTORNEY LAWRENCE R. BACH
The Clerk of the Summit County Clerk of Court shall serve a copy of this Order
upon the following Pro Se parties, by U.S. mail, Certificate of Service, noting
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Tavia Galonski, Summit County Clerk of Courts
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return of same:
• Todd Cleavenger
• Ohio Specialized Investments, LTD
• Fast Land of Ohio, LLC
• Sunkiss Tanning of Ohio, LLC
• Boardwalk Tans of Ohio, LLC
• Tiki Tanning, LLC
• Tanning in a Flash of Ohio, LLC
• California Ray of Ohio, LLC
• TNS Promotions
• Prime Suites, LLC
• Twinspin, LLC
• Armor Packaging, LLC
AMH
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Tavia Galonski, Summit County Clerk of Courts
Preview
CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 1 of 6 IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT BETH OILER ) CASE NO.: CV-2020-12-3655 ) Plaintiff ) JUDGE ALISON BREAUX -vs- ) ) TODD CLEAVENGER, et al. ) ORDER ) Defendant ) - - - This matter comes before the Court on the following motions filed by Defendant Todd Cleavenger: • Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed February 22, 2024; • Motion for Leave to Now Proceed with his Counter-Complaint Filed on March 25, 2021 filed February 26, 2024; • Defendant’s Supplement to Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed March 1, 2024; • Motion for Leave to Amend Counter-Complaint Pursuant to Civ.R. 15, Civ.R. 21; The Court also addresses Plaintiff Beth Oiler’s Motion to Extend Response Time to Defendant’s Motion for Leave to request Sanctions against Lawrence Bach. LIMITED PROCEDURAL HISTORY This case arises as a result of ongoing conduct and litigation between a party convicted of a criminal offense and his victim. On December 30, 2020, Plaintiff Beth Oiler (hereinafter referred to as “Plaintiff Oiler”) filed the Complaint. Subsequently, on June 18, 2021, with leave of Court, Plaintiff Oiler filed an Amended Complaint naming Todd Cleavenger, Ohio Specialized Investments, Ltd., Fast Lane of Ohio, LLC, Sunkiss Tanning of Ohio, LLC, Tiki Tanning, LLC, Boardwalk Tans of Ohio, LLC, Tanning in a Flash of Ohio, LLC, California Rays of Ohio, LLC, TNS Promotions, 1 Tavia Galonski, Summit County Clerk of Courts CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 2 of 6 LLC, Prime Suites, LLC, Twinspin, LLC and Armor Packaging, LLC as Defendants. Plaintiff Oiler’s Amended Complaint set forth the following claims: 1) abuse of process; 2) intentional infliction of emotional distress; 3) negligent hiring and retention; and 4) alter ago. Default judgment was subsequently granted against all defendants but for Defendant TNS Promotions who was later dismissed. On March 25, 2021, Defendant Cleavenger filed a Counterclaim which set forth the following claims: 1) fraud; 2) 42 USC §1983 due process violations of the Fourth, Fifth and Fourteenth Amendments; 3) tortious interference with prospective business advantage; 4) 42 USC §1983 retaliation; 5) 42 USC §1983 civil rights violations; 6) abuse of process; 7) obstruction of official business; 8) 42 USC §1985 obstruction of justice; 9) 42 USC §1983 destruction of evidence; 10) intentional infliction of emotional distress; 11) reckless infliction of emotional distress; 12) slander, libel and libel per se; 13) defamation; 14) civil conspiracy; 15) loss of filial consortium; 16) loss of parental consortium; 17) tortious interference with business contract; 18) tortious interference with a business relationship; and 19) tortious interference with a contractual relationship. During the pendency of this action, Defendant Todd Cleavenger (hereinafter referred to as “Defendant Cleavenger”) has twice attempted to appeal this matter to the Ninth District Court of Appeals. See Ninth District Court of Appeals Case Nos. CA-30132 (filed September 27, 2021) and CA-30253 (filed March 7, 2022). The Ninth District Court of Appeals rejected both attempts. Id. Subsequently, Defendant Cleavenger attempted to remove this matter to federal court, and on June 27, 2022, the United States District Court, Northern District of Ohio, Eastern Division remanded the matter finding Defendant Cleavenger failed to establish the federal court had original jurisdiction over the matter. See Order of Remand filed June 27, 2023. 2 Tavia Galonski, Summit County Clerk of Courts CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 3 of 6 This matter was returned to the Court’s active docket on July 13, 2022. In its order dated April 20, 2023, this Court granted summary judgment in favor of Plaintiff Oiler as to Defendant Cleavenger’s Counterclaims. Additionally, this Court set a hearing on whether to award attorney fees to Plaintiff, which was held by video on September 25, 2023. On October 5, 2023, this Court issued an order denying attorney fees to Plaintiff. Subsequently, a damages hearing was scheduled for January 4, 2024. Numerous motions were filed by Defendant Cleavenger and were addressed at the January 4, 2024 hearing, which did not go forward as to the damages sought by Plaintiff. The Court provided the parties additional time to file their respective motions and responses providing a deadline of February 22, 2024 for all responses. The Court received numerous additional motions filed by Defendant Cleavenger and had yet to rule upon them. On February 8, 2024, Plaintiff Oiler then filed a Notice of Dismissal with the Court resolving all pending issues remaining through the dismissal of the case.1 Since dismissal of the case, Defendant has filed the following motions: • Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed February 22, 2024; • Motion for Leave to Now Proceed with his Counter-Complaint Filed on March 25, 2021 filed February 26, 2024; • Defendant’s Supplement to Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed March 1, 2024; • Motion for Leave to Amend Counter-Complaint Pursuant to Civ.R. 15, Civ.R. 21; Plaintiff Oiler also filed a Motion to Extend Response Time to Defendant’s Motion for Leave to request Sanctions against Lawrence Bach on March 6, 2024. 1 The only issue remaining before this Court was the issue of damages related to the Complaint filed by Plaintiff Oiler. The motions filed by Defendant Oiler were procedural motions and were rendered moot upon dismissal. 3 Tavia Galonski, Summit County Clerk of Courts CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 4 of 6 LAW AND ANALYSIS Civ. R. 41reads in part: (A) Voluntary Dismissal: Effect Thereof. (1) By Plaintiff; By Stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following: (a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant; *** The Ninth District Court of Appeals, when discussing Civ.R. 41(A)(1) dismissals, has held, “[t]his rule has been held to confer upon a party an absolute right to voluntarily terminate its cause of action at any time prior to the actual commencement of trial.” Douthitt v. Garrison, 3 Ohio App. 3d 254, 255, 444 N.E.2d 1068, 1070 (1981) citing Standard Oil Co. v. Grice (1975), 46 Ohio App.2d 97, 345 N.E.2d 458 [75 O.O.2d 81]. A Notice of Dismissal pursuant to Civ. R. 41(A)(1) terminates a cause of action and it follows that any motions filed after the termination are rendered moot. This Court had previously granted default judgment and summary judgment against all remaining Defendants, including Defendant Cleavenger, and in favor of Plaintiff Oiler resulting in damages remaining as the only issue before this Court. While numerous motions were filed by Defendant Cleavenger making various arguments prior to Plaintiff’s 41(A)(1) dismissal, the fact that Plaintiff filed the dismissal rendered all Defendant’s pending motions MOOT. Further, motions filed after the Civ.R. 41(A)(1) dismissal are DENIED. Accordingly, this Court DENIES Defendant Cleavenger’s Motions filed on February 22, 2024, February 26, 4 Tavia Galonski, Summit County Clerk of Courts CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 5 of 6 2024 and March 1, 2024. Additionally, this Court DENIES Plaintiff Oiler’s Motion filed March 6, 2024. CONCLUSION WHEREFORE, this Court ORDERS the following: 1. Defendant Todd Cleavenger’s Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed February 22, 2024 is hereby DENIED; 2. Defendant Todd Cleavenger’s Motion for Leave to Now Proceed with his Counter- Complaint Filed on March 25, 2021 filed February 26, 2024 is hereby DENIED; 3. Defendant Todd Cleavenger’s Defendant’s Supplement to Motion for Leave to Request Sanctions Against Attorney Lawrence Bach, Plaintiff Counsel filed March 1, 2024 is hereby DENIED; 4. Defendant Todd Cleavenger’s Motion for Leave to Amend Counter-Complaint Pursuant to Civ.R. 15, Civ.R. 21 is hereby DENIED; and 5. Plaintiff Beth Oiler’s Motion to Extend Response Time to Defendant’s Motion for Leave to request Sanctions against Lawrence Bach on March 6, 2024 is hereby DENIED. IT IS SO ORDERED. JUDGE ALISON BREAUX CC: ATTORNEY LAWRENCE R. BACH The Clerk of the Summit County Clerk of Court shall serve a copy of this Order upon the following Pro Se parties, by U.S. mail, Certificate of Service, noting 5 Tavia Galonski, Summit County Clerk of Courts CV-2020-12-3655 BREAUX, ALISON 03/08/2024 16:30:49 PM ORD-ORDE Page 6 of 6 return of same: • Todd Cleavenger • Ohio Specialized Investments, LTD • Fast Land of Ohio, LLC • Sunkiss Tanning of Ohio, LLC • Boardwalk Tans of Ohio, LLC • Tiki Tanning, LLC • Tanning in a Flash of Ohio, LLC • California Ray of Ohio, LLC • TNS Promotions • Prime Suites, LLC • Twinspin, LLC • Armor Packaging, LLC AMH 6 Tavia Galonski, Summit County Clerk of Courts