Frank J. Gori Vs. Paul E. Kiebler Iv, Et Al.

DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNERS, LLC AND 9 ON CANAL PROMOTE, LLC'S MOTION TO JOIN PROMOTE DEFENDANTS' DECEMBER 5, 2023 MOTION TO DISMISS, FILED 01/30/2024, IS GRANTED. PLAINTIFF GRANTED 14 DAYS TO FILE A BRIEF IN OPPOSITION RELATED TO THESE DEFENDANTS. NOTICE ISSUED

SUMS COMPLAINT(49534282) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #5 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

SUMS COMPLAINT(49534247) SENT BY SPECIAL PROCESS SERVER. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREENS OWNER, LLC AND 9 ON CANAL PROMOTE, LLC'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

SUMS COMPLAINT(49585576) SENT BY EXPRESS MAIL. TO: PAUL E. KIEBLER IV 200 PARK AVE. SUITE 410 BEACHWOOD, OH 44122-0000

SUMS COMPLAINT(49585575) SENT BY EXPRESS MAIL. TO: NOTTINGHAM RACING, LLC CARE OF PAUL E. KIEBLER IV 200 PARK AVE., SUITE 410 BEACHWOOD, OH 44122

SUMS COMPLAINT(49598663) SENT BY FEDERAL EXPRESS. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122 TRACKING NUMBER 7710 8452 5322

MOTION TO DISMISS FILED DEFENDANTS EMERGENCY PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE WITH REQUEST FOR EXPEDITED BRIEFING 05/09/2023 - MOOT

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF SUMMONS AND COMPLAINT BY FEDRAL EXPRESS ON PAUL E. KIEBLER, IV. TRACKING NUMBER 7710 8452 5322 FILED.

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER IV

SUMS COMPLAINT(49585130) SENT BY EXPRESS MAIL. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT THE SUFFOLK FAMILY TRUST C-O PAUL E. KIEBLER, IV, BENEFICIARY

MOTION FILED FOR DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) and PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 DEFENDANTS WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 01/26/2023 - GRANTED

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION TO FILE RESPONSES TO ALL DEFENDANTS' 12.5.23 MOTIONS, FILED 12/14/2023, IS GRANTED. NOTICE ISSUED

NOTICE OF APPEARANCE, FILED DEFENDANT(S) PEPPER PIKE ACQUISITION ASSOCIATES, LLC(D5), MAVGUN, LLC(D8), PJK FAMILY MANAGEMENT, LLC(D9), NOTTINGHAM RACING, LLC(D10) and SUFFOLK ACQUISITION, LLC(D11) JAMES A DEROCHE 0055613. NOTICE OF APPEARANCE OF COUNSEL FOR CERTAIN DEFENDANTS

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT THE SUFFOLK FAMILY TRUST C-O JODY R. KIEBLER, BENEFICIARY

ANSWER FILED BY DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24) and 9 ON CANAL PROMOTE LLC(D27) ATTORNEY PHILLIP A CIANO 0066134 ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES ON BEHALF OF PROMOTE DEFENDANTS

MOTION TO DISMISS FILED DEFENDANT DOE LLC ENTITIES MOTION TO DISMISS 06/29/2023 - GRANTED

MOTION FOR EXTENSION OF TIME PROMOTE DEFENDANTS' UNOPPOSED MOTION FOR 45 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE, OR OTHERWISE RESPOND TO COMPLAINT 02/15/2023 - GRANTED

CMC IS CONTINUED BY AGREEMENT OF THE PARTIES AS FOLLOWS: CMC BY PHONE SET FOR 02/07/2024 AT 11:00 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

MOTION TO DISMISS FILED PROMOTE DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT

DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, AND PEPPER PIKE ACQUISITION ASSOCIATES, LLC (COLLECTIVELY "FAMILY DEFENDANTS") MAY MOVE OR PLEAD ON OR BEFORE 03/13/2023. OSJ. NOTICE ISSUED

NOTICE OF APPEARANCE, FILED D5 PEPPER PIKE ACQUISITION ASSOCIATES, LLC VINCENT A STAFFORD 0059846. NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL

REPLY BRIEF FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNER, LLC AND 9 ON CANAL PROMOTE, LLC'S REPLY IN SUPPORT OF REQUEST FOR SANCTIONS

SUMS COMPLAINT(49534277) SENT BY CERTIFIED MAIL. TO: RESIDENCES 56 VENTURES LLC CARE OF NATIONAL REGISTERED AGENTS, 1209 ORANGE STREE WILMINGTON, DE 19801

NOTICE OF APPEARANCE, FILED DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE CONSTRUCTION, LLC(D3), PEPPER PIKE ACQUISITIONS, LLC(D4), PEPPER PIKE PROPERTY MANAGEMENT, LLC(D6) and PEPPER PIKE STAFFING, LLC(D7) ANDREW J DORMAN 0063410.

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT RESIDENCES 56 VENTURES, LLC WITHOUT PREJUDICE

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION TO FILE RESPONSES TO ALL DEFENDANTS' 12.5.23 MOTIONS 12/14/2023 - GRANTED

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT 03/13/2023 - GRANTED

REPLY BRIEF FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 OMITTED PROMOTE DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS SECOND AMENDED COMPLAINT

CMC BY PHONE SET FOR 01/17/2024 AT 10:30 AM. PLAINTIFF TO PROVIDE CONFERENCE CALL IN INFORMATION TO ALL PARTIES AND THE STAFF ATTORNEY AT KTROUTEN@CUYAHOGACOUNTY.US NOTICE ISSUED

SUMS AMENDED COMPLNT(52783222) SENT BY SPECIAL PROCESS SERVER. TO: MOUNT PROSPECT GREENS OWNER, LLC HIGHLAND PARK SERVICES CORP 28601 CHAGRIN BLVD, SUITE 600 CLEVELAND, OH 44122-0000

CASE CALLED FOR PRELIMINARY HEARING WITH COUNSEL. PARTIES TO FILE BRIEFS ON THE ISSUE OF JURISDICTION. PLAINTIFF'S BRIEF TO BE FILED ON OR BEFORE 01/18/2023. DEFENDANTS' REPLY BRIEF TO BE FILED ON OR BEFORE 01/20/2023. NOTICE ISSUED

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT, FILED 03/03/2023, IS GRANTED. DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC ANSWER OR OTHER REPSONSIVE PLEADING TO BE FILED ON OR BEFORE 03/30/2023. NOTICE ISSUED

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT, FILED 01/16/2024, IS DENIED. NOTICE ISSUED

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #3. TRACKING #7713 1110 4462 FILED.

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #4. TRACKING #7713 1113 5303 FILED.

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #2. TRACKING #7713 1107 8932 FILED.

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON RESIDENCES 56 VENTURES LLC. TRACIKING # 7713 1099 7877 FILED.

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D36 THE SUFFOLK FAMILY TRUST C/O PAUL E. KIEBLER, BENEFICIARY FILED. FEDEX TRACKING NUMBER PROVIDED: 7738 7805 8801

ANSWER AND COUNTERCLAIM $75 DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES AND AMENDED COUNTERCLAIM

SUMS AMENDED COMPLNT(52233932) SENT BY FEDEX. TO: THE SUFFOLK FAMILY TRUST C/O JODI R. KIEBLER, BENEFICIARY 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7811 9704

FAMILY DEFENDANTS' UNOPPOSED MOTION FOR ADDITIONAL 15 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE OR OTHERWISE RESPOND TO COMPLAINT, FILED 03/02/2023, IS GRANTED. DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, AND PEPPER PIKE ACQUISITION ASSOCIATES, LLC ANSWER OR OTHER RESPONSIVE PLEADING TO BE FILED ON OR BEFORE 03/28/2023. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #1

ANSWER FILED BY DEFENDANT(S) PEPPER PIKE ACQUISITION ASSOCIATES, LLC(D5), MAVGUN, LLC(D8), PJK FAMILY MANAGEMENT, LLC(D9), NOTTINGHAM RACING, LLC(D10) and SUFFOLK ACQUISITION, LLC(D11) ATTORNEY JAMES A DEROCHE 0055613 ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES OF DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC AND PEPPER PIKE ACQUISITION ASSOCIATES, LLC

D23 NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS. PHILLIP A CIANO 0066134 PROMOTE DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS 06/29/2023 - DENIED

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D34 PAUL E. KIEBLER IV, AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST FILED. FEDEX TRACKING NUMBER PROVIDED: 7738 7777 3984

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR LEAVE TO FILE EXH F UNDER SEAL 02/06/2024 - UNOPPOSED AND GRANTED

PURSUANT TO JOINT STIIPULATION FILED 03/08/2023, DEFENDANT RESIDENCES 56 VENTURES ANSWER OR OTHER RESPONSIVE PLEADING TO BE FILED ON OR BEFORE 04/17/2023. NOTICE ISSUED

NOTICE OF APPEARANCE, FILED DEFENDANT(S) DOE LLC #1(D29), DOE LLC #2(D30), DOE LLC #3(D31), DOE LLC #4(D32) and DOE LLC #5(D33) ANDREW J DORMAN 0063410. NOTICE OF LIMITED APPEARANCE OF COUNSEL

SUMS AMENDED COMPLNT(52783414) SENT BY SPECIAL PROCESS SERVER. TO: MOUNT PROSPECT GREENS OWNER, LLC HIGHLAND PARK SERVICES CORP 28601 CHAGRIN BLVD, SUITE 600 CLEVELAND, OH 44122-0000

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER IV

DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) AND PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 DEFENDANTS WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, FILED 01/20/2023, IS GRANTED. DEFENDANTS' MOTION IS DEEMED WITHDRAWN 01/20/2023. NOTICE ISSUED

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT, FILED 02/17/2023, IS GRANTED. DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC TO FILE ANSWER OR OTHER RESPONSIVE PLEADING ON OR BEFORE 03/16/2023. NOTICE ISSUED

SUMS AMENDED COMPLNT(49814061) SENT BY FEDERAL EXPRESS. TO: DOE LLC #2 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1107 8932

INSTRUCTION FOR SERVICE ON D1 PAUL E. KIEBLER IV BY FEDERAL EXPRESS MAIL (2916 NOTTINGHAM LANE) FILED. FED EX NO.7710 7190 5104 FILED.

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION FOR 10-DAY EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT KIEBLER'S MOTION TO QUASH SUBPOENA TO C.F. BANK 05/23/2023 - UNOPPOSED AND GRANTED

DEFENDANTS EMERGENCY PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE WITH REQUEST FOR EXPEDITED BRIEFING, FILED 01/20/2023, IS MOOT. PLAINTIFF FILED AN AMENDED COMPLAINT ON 02/14/2023. NOTICE ISSUED

REPLY BRIEF FILED BY DEFENDANT(S) PAUL E. KIEBLER(D1) and PEPPER PIKE CAPITAL PARTNERS,LLC(D2) ANDREW J DORMAN 0063410 DEFENDANTS REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI

NOTICE FILED BY DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ATTORNEY ALEXANDRA V DATTILO 0086444 NOTICE TO WITHDRAW AS COUNSEL

CMC BY PHONE SET FOR 07/26/2023 AT 10:30 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS DOE LLC #1, DOE LLC #2, DOE LLC #3, DOE LLC #4 AND DOE LLC #5'S MOTION TO DISMISS

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT 03/01/2023 - GRANTED

ANSWER AND COUNTERCLAIM $75 DEFENDANTS PAUL E KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS LLC, PEPPER PIKE ACQUISITION LLC, PEPPER PIKE STAFFING LLC, PEPPER PIKE PROPERTY MANAGEMENT LLC AND PEPPER PIKE CONSTRUCTION LLC'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES AND COUNTERCLAIM

CASE DISMISSED WITHOUT PREUDICE AGAINST DEFENDANT RESIDENCES 56 VENTURES, LLC PURSUANT TO NOTICE FILED 04/03/2023. ALL OTHER CLAIMS REMAIN PENDING. 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 SET FOR 11/07/2023 AT 09:30 AM. STATUS CONFERENCE. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND CALL THE STAFF ATTORNEY AT 216-443-8590. NOTICE ISSUED

.DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) AND PEPPER PIKE STAFFING, LLC(D7). MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, FILED 01/13/2023, IS WITHDRAWN. NOTICE ISSUED

PJK FAMILY DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT, FILED 11/09/2023, IS GRANTED. NOTICE ISSUED

AMENDED COMPLAINT $75 SECOND AMENDED COMPLAINT

MOTION FILED FOR P1 FRANK J GORI LISA A KAINEC 0061551 PLAINTIFF'S MOTION FOR LEAVE INSTANTER TO AMEND CAPTION OF SECOND AMENDED COMPLAINT 03/07/2024 - MOOT

PLAINTIFF'S UNOPPOSED MOTION TO APPROVE STIPULATED PROTECTIVE ORDER, FILED 05/04/2023, IS GRANTED. NOTICE ISSUED

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D35 PAUL E. KIEBLER IV, TRUSTEE FILED. FEDEX TRACKING NUMBER PROVIDED: 7738 7791 5639

SUMS AMENDED COMPLNT(49814191) SENT BY FEDERAL EXPRESS. TO: DOE LLC #5 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1116 2307

SUMS AMENDED COMPLNT(49814161) SENT BY FEDERAL EXPRESS. TO: DOE LLC #4 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1113 5303

PURSUANT TO STIPULATED NOTICE FILED 02/13/2023, DEFENDANTS PEPPER PIKE PROPERTY MANAGEMENT, LLC AND PEPPER PIKE CONSTRUCTION SHALL HAVE AN ADDITIONAL THIRTY (30) DAYS, UNTIL MARCH 16, 2023, TO ANSWER OROTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED

NOTICE OF APPEARANCE, FILED DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ALEXANDRA V DATTILO 0086444. NOTICE OF APPEARANCE OF COUNSEL FOR CERTAIN DEFENDANTS

MOTION FILED FOR DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 PROMOTE DEFENDANTS' JURY DEMAND 05/09/2023 - GRANTED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS LLC, PEPPER PIKE ACQUISITION LLC AND PEPPER PIKE STAFFING LLC'S MOTION TO DISMISS

INSTRUCTION FOR SERVICE ON D1 PAUL E. KIEBLER IV (200 PARK AVE.) (FED EX NO. 7710 7462 5287) AND D10 NOTTINGHAM RACING, LLC (FED EX NO. 7710 7457 8895) BY FEDERAL EXPRESS MAIL FILED. FILED.

SUMS AMENDED COMPLNT(52233934) SENT BY FEDEX. TO: PAUL E. KIEBLER REVOCALBE TRUST C/O PAUL E. KIEBLER IV, TRUSTEE 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7791 5369

DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE CONSTRUCTION, LLC(D3), PEPPER PIKE ACQUISITIONS, LLC(D4), PEPPER PIKE PROPERTY MANAGEMENT, LLC(D6) and PEPPER PIKE STAFFING, LLC(D7)'S MOTION FOR JUDGMENT ON THE PLEADINGS. ANDREW J DORMAN 0063410 DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS

JOINT MOTION FOR EXTENSION OF PLEADING-MOTION DEADLINES, FILED 11/09/2023, IS GRANTED. NOTICE ISSUED

CASE CALLED FOR TELEPHONE STATUS CONFERENCE. ALL PARTIES PRESENT THROUGH COUNSEL. PARTIES TO CONTINUE CONDUCTING DISCOVERY. PLAINTIFF'S SECOND AMENDED COMPLAINT TO BE FILED ON OR BEFORE 10/27/2023. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #3

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER, IV, TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST

PROMOTE DEFENDANTS' UNOPPOSED MOTION FOR 45 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE, OR OTHERWISE RESPOND TO COMPLAINT, FILED 02/13/2023, IS GRANTED. NOTICE ISSUED

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR PARTIAL JUDGMENT ON PLEADINGS

MOTION FILED FOR D4 PEPPER PIKE ACQUISITIONS, LLC VINCENT A STAFFORD 0059846 FAMILY DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF

SUMS AMENDED COMPLNT(49813997) SENT BY FEDERAL EXPRESS. TO: DOE LLC #1 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1104 7017

SUMS COMPLAINT(49534280) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #3 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO FAMILY DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREENS OWNER, LLC, AND 9 ON CANAL PROMOTE, LLC'S MOTION TO DISMISS

REPLY BRIEF FILED BY DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 PROMOTE DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISMISS

SUMS AMENDED COMPLNT(49813908) SENT BY FEDERAL EXPRESS. TO: RESIDENCES 56 VENTURES LLC CARE OF NATIONAL REGISTERED AGENTS, 1209 ORANGE STREET WILMINGTON, DE 19801 TEACKING #7713 1099 7877

PLAINTIFF'S NOTICE OF FILING AN UNREDACTED COPY OF EXHIBIT F FILED UNDER SEAL

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT NOTTINGHAM RACING, LLC

TELEPHONE CONFERENCE SET FOR 01/24/2023 AT 01:30 PM. STATUS CONFERENCE WITH JUDGE MIDAY. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND CALL THE STAFF ATTORNEY AT 216-443-8590. NOTICE ISSUED

REPLY TO COUNTERCLAIM FILED P1 FRANK J GORI, ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S REPLY TO PPCP DEFENDANTS' AMENDED COUNTERCLAIM

HEARING SET FOR 01/17/2023 AT 10:00 AM. PRELIMINARY HEARING. ALL COUNSEL TO BE PRESENT. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY LISA A KAINEC 0061551 PLAINTIFF'S NOTICE OF FILING SERVICE AND MILITARY AFFIDAVITS IN SUPPORT OF 3.6.2024 DEFAULT HEARING

REPLY BRIEF FILED BY D2 PEPPER PIKE CAPITAL PARTNERS,LLC VINCENT A STAFFORD 0059846 FAMILY DEFENDANTS' REPLY IN SUPPORT TO THEIR MOTION FOR SANCTIONS AGAINST THE PLAINTIFF

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS FOUNTAIN PARC PROMOTE, MOUNT PROSPECT GREENS OWNER & 9 ON CANAL PROMOTE'S MOTION TO JOIN PROMOTE DEFENDANTS' DECEMBER 5, 2023 MOTION TO DISMISS

MOTION FILED FOR DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ANASTASIA J. WADE 0082797 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNERS, LLC AND 9 ON CANAL PROMOTE, LLC'S MOTION TO JOIN PROMOTE DEFENDANTS' DECEMBER 5, 2023 MOTION TO DISMISS 05/15/2024 - GRANTED

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANT'S MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SANCTIONS 02/06/2024 - GRANTED

DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNER, LLC, AND 9 ON CANAL PROMOTE'S REQUEST FOR SANCTIONS, FILED 01/30/2024, IS DENIED. NOTICE ISSUED

NOTICE OF APPEARANCE, FILED P1 FRANK J GORI STEPHEN S ZASHIN 0064557. NOTICE OF APPEARANCE OF DAVID P. FRANTZ AND REBECCA SINGER-MILLER

WAIVER OF SERVICE OF SUMMONS RETURNED SIGNED ON 03/22/2024 WAIVER OF SERVICE FOR FALL CREEK PROMOTE, LLC-3.22.2024

SUMS COMPLAINT(52783308) SENT BY SPECIAL PROCESS SERVER. TO: MOUNT PROSPECT GREENS OWNER, LLC HIGHLAND PARK SERVICES CORP 28601 CHAGRIN BLVD, SUITE 600 CLEVELAND, OH 44122-0000

MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT 02/06/2024 - GRANTED

DEFAULT HEARING SET FOR 03/06/2024 AT 10:30 AM. DEFAULT HEARING FOR DEFENDANTS FOUNTAIN PARC PROMOTE LLC, MOUNT PROSPECT GREENS OWNER, LLC AND 9 ON CANAL PROMOTE, LLC. IN ORDER FOR THE DEFAULT HEARING TO GO FORWARD, PLAINTIFF MUST FILE WITH THE CLERK OF COURTS: (1) A JUDGMENT ENTRY; (2) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT ACCORDING TO STATUTE AND RULES, SERVICE REQUIREMENTS WERE MET; (3) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT A SEARCH HAS BEEN CONDUCTED AND DEFENDANT IS NOT A CURRENT MEMBER OF THE MILITARY; AND (4) AN AFFIDAVIT SIGNED BY THE PLAINTIFF, OR PLAINTIFF'S REPRESENTATIVE, PROVING DAMAGES. PARTIES TO CALL THE STAFF ATTORNEY AT 216-443-8590 AT THE TIME OF THE HEARING. PLAINTIFF TO NOTIFY ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME, DATE OF THE DEFAULT TELEPHONE HEARING, AND CONFERENCE CALL-IN INSTRUCTIONS, BY REGULAR AND CERTIFIED MAIL AT LEAST FOURTEEN (14) DAYS PRIOR TO THE TELEPHONE HEARING DATE. PLAINTIFF IS TO FILE DOCUMENTATION THAT DEFENDANT WAS NOTIFIED OF HEARING IN COMPLIANCE WITH THIS ORDER. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE OF DEFENDANT(S) TO APPEAR MAY RESULT IN DEFAULT JUDGMENT BEING GRANTED IN FAVOR OF THE PLAINTIFF. NOTICE ISSUED

MOTION FOR TEMPORARY RESTRAINING ORDER...DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) and PEPPER PIKE STAFFING, LLC(D7). MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 01/26/2023 - WITHDRAWN

SUMS AMENDED COMPLNT(49814135) SENT BY FEDERAL EXPRESS. TO: DOE LLC #3 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1110 4462

MOTION FILED FOR D1 PAUL E. KIEBLER ANDREW J DORMAN 0063410 DEFENDANT PAUL KIEBLER'S REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK 06/29/2023 - HELD IN ABEYANCE

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #2

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION TO APPROVE STIPULATED PROTECTIVE ORDER 05/09/2023 - GRANTED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT PAUL E. KIEBLER IV'S MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT, FILED 11/09/2023, IS GRANTED. NOTICE ISSUED

MOTION TO DISMISS FILED DEFENDANTS MOUNT PROSPECT GREEN OWNERS, LLC AND FALL CREEK PROMOTE, LLC'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

PROMOTE DEFENDANTS' JURY DEMAND, FILED 04/04/2023, IS GRANTED. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #4

MOTION FOR EXTENSION OF TIME DEFENDANTS MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS 02/06/2024 - GRANTED

DEFENDANT PAUL E KIEBLER'S MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO CF BANK, FILED 05/16/2023, IS WELL TAKEN AND GRANTED.THE SUBPOENA TO CF BANK AS CURRENTLY CONSTITUTED IS QUASHED.PLAINTIFF IS INSTRUCTED TO LIMIT SUBPOENA TO RECORDS RELEVANT TO THE ALLEGATIONS OUTLINED IN ITS AMENDED COMPLAINT. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT PAUL E. KIEBLER IV'S MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO STEVE POGOZELSKI

PROMOTE DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. THE COURT HAS CONSIDERED DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS FILED 04/14/2023, PLAINTIFF'S BRIEF IN OPPPOSITION FILED 05/12/2023 AND DEFENDANT NOTTINGHAM'S REPLY BRIEF FILED 05/16/2023. THE STANDARD APPLIED UNDER CIV.R. 12(C) MOTION FOR JUDGMENT ON THE PLEADINGS REQUIRES A DETERMINATION THAT NO MATERIAL FACTUAL ISSUES EXIST AND THAT THE MOVANT IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. STATE EX REL. MIDWEST PRIDE IV, INC. V. PONTIOUS, 75 OHIO ST.3D 565, 1996 OHIO 459, 664 N.E.2D 931 (1996). PURSUANT TO CIV.R. 12(C), DISMISSAL IS APPROPRIATE WHERE A COURT (1) CONSTRUES THE MATERIAL ALLEGATIONS IN THE COMPLAINT, WITH ALL REASONABLE INFERENCES TO BE DRAWN THEREFROM, IN FAVOR OF THE NONMOVING PARTY AS TRUE, AND (2) FINDS BEYOND DOUBT THAT THE PLAINTIFF COULD PROVE NO SET OF FACTS IN SUPPORT OF HIS CLAIM THAT WOULD ENTITLE HIM TO RELIEF. VINICKY V. PRISTAS, 163 OHIO APP. 3D 508, 2005-OHIO-5196, 839 N.E.2D 88, ¶ 3 (8TH DIST.). HAVING CONSTRUED THE MATERIAL ALLEGATIONS IN THE COMPLAINT, WITH ALL REASONABLE INEFERENCES TO BE DRAWN THEREFROM IN FAVOR OF THE NONMOVING PARTY AS TRUE, THE COURT FINDS THAT MATERIAL FACTUAL ISSUES EXIST AND THAT THE MOVANT DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S IS NOT ENTITLED TO JUDGMENT AS A MATTER OF LAW UNDER CIV. R. 12(C). NOTICE ISSUED

MOTION FILED FOR D1 PAUL E. KIEBLER ANDREW J DORMAN 0063410 DEFENDANT PAUL E KIEBLER'S MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO CF BANK 06/29/2023 - GRANTED

SUMS AMENDED COMPLNT(52233931) SENT BY FEDEX. TO: JODY R. KIEBLER, AS MANAGER OF SUFFOLK ACQUISITION , LLC 28601 CHAGRIN BOULEVARD SUITE 600 CLEVELAND, OH 44122-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7820 1017

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER REVOCABLE TRUST

DEFENDANT PAUL KIEBLER'S REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK, FILED 06/15/2023, IS HELD IN ABEYANCE. THIS ENTRY DONE FOR COURT DOCKET MAINTENANCE. THIS REPLY BRIEF WAS CATERGORIZED AS A NEW MOTION. NOTICE ISSUED

CASE CALLED FOR CMC BY PHONE. PARTIES PRESENT THROUGH COUNSEL. ALL DEFENDANTS GRANTED AN ADDITIONAL 30 DAYS TO SUBMIT DISCOVERY RESPONSES. DISCOVERY RESPONSES TO PLAINTIFF'S REQUESTS TO BE PROVIDED ON OR BEFORE 08/25/2023. PLAINTIFF IS GRANTED LEAVE IF IT BECOMES NECESSARY TO FILE A SECOND AMENDED COMPLAINT. DEFENDANTS DO NOT OBJECT TO A SECOND AMENDED COMPLAINT. PLAINTIFF TO FILE SECOND AMENDED COMPLAINT ON OR BEFORE 10/27/2023. TELEPHONE CONFERENCE SET FOR 09/19/2023 AT 10:00 AM. STATUS CONFERENCE AS TO THE STAUTS OF DISCOVERY. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND CALL THE STAFF ATTORNEY AT 216-443-8590. NOTICE ISSUED

STIPULATED PROTECTIVE ORDER. OSJ. NOTICE ISSUED

MOTION FILED FOR D4 PEPPER PIKE ACQUISITIONS, LLC VINCENT A STAFFORD 0059846 DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, PEPPER PIKE ACQUISITION ASSOCIATES, LLC, PAUL E. KIEBLER AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST, PAUL E. KIEBLER REVOCABLE TRUST, THE SUFFOLK FAMILY TRUST AND JODY R. KIEBLER'S MOTION FOR JUDGMENT ON THE PLEADINGS

SUMS AMENDED COMPLNT(52233933) SENT BY FEDEX. TO: THE SUFFOLK FAMILY TRUST C/O PAUL E. KIEBLER IV, BENEFICIARY 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7805 8801

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT 11/13/2023 - GRANTED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT NOTTINGHAM FOUNDATION PROMOTE LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS

MOTION FILED FOR DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 JOINT MOTION FOR EXTENSION OF PLEADING-MOTION DEADLINES 11/13/2023 - GRANTED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF WITHDRAWAL OF MOTION FOR DEFAULT AGAINST MOUNT PROSPECT GREENS OWNER LLC

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING AN UNREDACTED COPY OF EXHIBIT F UNDER SEAL

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO MOUNT PROSPECT GREENS OWNER AND FALL CREEK PROMOTE'S MOTION TO DISMISS SECOND AMENDED COMPLAINT

DEFENDANT DOE LLC ENTITIES' MOTION TO DISMISS FILED 03/17/2023 IS GRANTED. THE COURT HAS CONSIDERED DEFENDANTS' MOTION FILED 03/17/2023, PLAINTIFF'S BRIEF IN OPPOSITION FILED 03/27/2023, PLAINTIFF'S REPLY BRIEF FILED 04/14/2023 AND DEFENDANTS' REPLY BRIEF FILED 04/20/2023. DEFENDANTS HAVE MOVED TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO CIV. RULE 12(B)(6) AND 12(B)(5). "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT. THUS, THE MOVANT MAY NOT RELY ON ALLEGATIONS OR EVIDENCE OUTSIDE THE COMPLAINT; SUCH MATTERS MUST BE EXCLUDED, OR THE MOTION MUST BE TREATED AS A MOTION FOR SUMMARY JUDGMENT. 'THE FACTUAL ALLEGATIONS OF THE COMPLAINT AND ITEMS PROPERLY INCORPORATED THEREIN MUST BE ACCEPTED AS TRUE. FURTHERMORE, THE PLAINTIFF MUST BE AFFORDED ALL REASONABLE INFERENCES POSSIBLY DERIVED THEREFROM.' IT MUST APPEAR BEYOND DOUBT THAT PLAINTIFF CAN PROVE NO SET OF FACTS ENTITLING HER TO RELIEF." VOLBERS-KLARICH V. MIDDLETOWN MGMT., 125 OHIO ST.3D 494, 497 (2010), CITING CIV.R. 12(B), QUOTING MITCHELL V. LAWSON MILK CO., 40 OHIO ST.3D 190, 192 (1988), OTHER INTERNAL CITATIONS OMITTED. CIV. R. 15(D) ALLOWS A PLAINTIFF TO NAME A FICTITIOUS DEFENDANT WHEN THE PLAINTIFF KNOWS THE IDENTITY AND WHEREABOUTS OF A DEFENDANT, BUT NOT THE DEFENDANT'S NAME. ERWIN V. BRYAN, 125 OHIO ST.3D 519, 2010-OHIO-2202, U 24, 929 N.E.2D 1019. TO INVOKE CIV. R. 15(D), THE PLAINTIFF MUST IDENTIFY THE DEFENDANT IN THE COMPLAINT WITH ENOUGH SPECIFICITY THAT PERSONAL SERVICE CAN BE OBTAINED ON THE DEFENDANT. ID., QUOTING VARNO V. BALLY MFG. CO., 19 OHIO ST.3D 21, 24, 19 OHIO B. 18, 482 N.E.2D 342 (1985). PLAINTIFF HAS NAMED FIVE DOE LLC DEFENDANTS IN THE COMPLAINT. THE COURT FINDS THAT PLAINTIFF HAS NOT INDENTIFIED THESE FIVE DEFENDANTS WITH ENOUGH SPECIFICITY THAT PERSONAL SERVICE COULD BE OBTAINED ON THEM. HAVING CONSTRUED THE MATERIAL ALLEGATIONS IN THE PLEADINGS WITH REASONABLE INFERENCES TO BE DRAWN THEREFROM IN FAVOR OF THE NON-MOVING PARTY, THE COURT FINDS THAT PLAINTIFF'S COMPLAINT DOES NOT STATE FACTS DEMONSTRATING VIABLE CLAIMS FOR RELIEF AS TO THE DOE DEFENDANTS. AS SUCH, THE COURT FINDS THAT DISMISSAL OF COMPLAINT IS PROPER AND MOVANTS ARE ENTITLED TO JUDGMENT AS A MATTER OF LAW PURSUANT TO CIV. R. 12(B)(6) NOTICE ISSUED

CMC SET FOR 12/056/2023 IS CANCELLED DUE TO THE EXTENSION OF TIME GRANTED FOR DEFENDANTS TO REPSOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT. CMC WILL BE RESET BY SEPARATE ORDER. NOTICE ISSUED

PLAINTIFF'S AMENDED MOTION FOR LEAVE INSTANTER TO AMEND CAPTION OF SECOND AMENDED COMPLAINT, FILED 01/16/2024, IS UNOPPOSED AND GRANTED. NOTICE ISSUED

NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF FILING RETURN OF SERVICE - MOUNT PROSPECT GREENS OWNER, LLC CO ITS MANAGER PEPPER PIKE ACQUISITION ASSOCIATES - SECOND AMENDED COMPLAINT

INSTRUCTION FOR SERVICE OF COMPLAINT BY SPECIAL PROCESS SERVER ON D25 MOUNT PROSPECT GREEN OWNER, LLC FILED.

INSTRUCTION FOR SERVICE OF AMENDED COMPLAINT BY SPECIAL PROCESS SERVER ON D25 MOUNT PROSPECT GREENS OWNER, LLC FILED.

DEFENDANTS MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI, FILED 06/19/2023, IS GRANTED. THE COURT HAS REVIEWED DEFENDANTS' MOTION TO QUASH FILED 06/19/2023, PLAINTIFF'S BRIEF IN OPPOSITION FILED 06/29/2023 AND DEFENDANTS' REPLY BRIEF FILED 06/30/2023. THE SUBPOENA SEEKS IRRELEVANT PERSONAL FINANCIAL RECORDS SUCH THAT IT CREATES AN UNDUE BURDEN ON THE PARTY WITH THE RIGHT TO THE FINANICAL RECORDS. DEFENDANTS' MOTION IS WELL TAKEN AND GRANTED. NOTICE ISSUED

MOTION FILED FOR DEFENDANT(S) PAUL E. KIEBLER(D1) and PEPPER PIKE CAPITAL PARTNERS,LLC(D2) ANDREW J DORMAN 0063410 DEFENDANTS MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI 07/12/2023 - GRANTED

NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF FILING RETURN OF SERVICE - MOUNT PROSPECT GREENS OWNER, LLC CO ITS MANAGER PEPPER PIKE ACQUISITION ASSOCIATES - COMPLAINT

REPLY BRIEF FILED BY D2 PEPPER PIKE CAPITAL PARTNERS,LLC VINCENT A STAFFORD 0059846 PPCP DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

MOTION FILED FOR P1 FRANK J GORI LISA A KAINEC 0061551 PLAINTIFF'S AMENDED MOTION FOR LEAVE INSTANTER TO AMEND CAPTION OF SECOND AMENDED COMPLAINT 03/07/2024 - UNOPPOSED AND GRANTED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO PPCP DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO PROMOTE DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO FAMILY DEFENDANTS' MOTION FOR SANCTIONS

NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF FILING RETURN OF SERVICE - MOUNT PROSPECT GREENS OWNER, LLC CO ITS MANAGER PEPPER PIKE ACQUISITION ASSOCIATES - AMENDED COMPLAINT

BRIEF FILED BY D25 MOUNT PROSPECT GREENS OWNER, LLC PHILLIP A CIANO 0066134 MOUNT PROSPECT GREENS OWNER AND FALL CREEK, LLC'S REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINITIFF'S SECOND AMENDED COMPLAINT

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY SPECIAL PROCESS SERVER ON D25 MOUNT PROSPECT GREEN OWNER, LLC FILED.

MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT, FILED 01/22/2024, IS GRANTED. NOTICE ISSUED

FAMILY DEFENDANT'S MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SANCTIONS, FILED 01/25/2024, IS GRANTED. NOTICE ISSUED

PLAINTIFF'S MOTION FOR LEAVE TO FILE AFFIDAVIT OF REBECCA G. SINGER-MILLER REGARDING PLAINTIFF'S DAMAGES UNDER SEAL IN SUPPORT OF PLAINTIFF'S 3.6.2024 DEFAULT HEARING, FILED 03/04/2024, IS HELD IN ABEYANCE. NOTICE ISSUED

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D36 THE SUFFOLK FAMILY TRUST C/O JODY R. KIEBLER, BENFICIARY FILED. FEDEX TREACKING NUMBER PROVIDED: 7738 7811 9704

MOTION FOR EXTENSION OF TIME COUNTERCLAIMANTS MOTION FOR LEAVE TO FILE SECOND AMENDED COUNTERCLAIM INSTANTER AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS

REPLY BRIEF FILED BY DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE CONSTRUCTION, LLC(D3), PEPPER PIKE ACQUISITIONS, LLC(D4), PEPPER PIKE PROPERTY MANAGEMENT, LLC(D6) and PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 PPCP DEFENDANTS REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

REPLY BRIEF FILED BY D2 PEPPER PIKE CAPITAL PARTNERS,LLC VINCENT A STAFFORD 0059846 FAMILY DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

REPLY BRIEF FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 FOUNTAIN PARC PROMOTE AND 9 ON CANAL PROMOTE'S REPLY IN SUPPORT MOTION TO JOIN PROMOTE DEFENDANTS' DEC. 5, 2023 MOTION TO DISMISS

MOTION FOR LEAVE INSTANTER TO AMEND CAPTION OF SECOND AMENDED COMPLAINT, FILED 01/16/2024, IS MOOT. PLAINTIFF FILED AN AMENDED MOTION. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF DEFAULT HEARING TO DEFENDANT'S FOUNTAIN PARC PROMOTE, LLC AND 9 ON CANAL PROMOTE, LLC

PLAINTIFF'S MOTION FOR LEAVE TO FILE EXH F UNDER SEAL, FILED 01/16/2024, IS UNOPPOSED AND GRANTED. NOTICE ISSUED

MOTION FILED FOR P1 FRANK J GORI LISA A KAINEC 0061551 PLAINTIFF'S MOTION FOR LEAVE TO FILE AFFIDAVIT OF REBECCA G. SINGER-MILLER REGARDING PLAINTIFF'S DAMAGES UNDER SEAL IN SUPPORT OF PLAINTIFF'S 3.6.2024 DEFAULT HEARING 03/07/2024 - HELD IN ABEYANCE

DEFENDANTS MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS, FILED 01/22/2024, IS GRANTED. NOTICE ISSUED

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT 11/13/2023 - GRANTED

CMC BY PHONE SET FOR 12/06/2023 AT 10:00 AM. PLAINTIFF TO PROVIDE CONFERENCE CALL-IN INFORMATION TO ALL PARTIES AND THE STAFF ATTORNEY AT KTROUTEN@CUYAHOGACOUNTY.US NOTICE ISSUED

ALL DEFENDANTS ARE GRANTED UNTIL 12/05/2023 TO ANSWER, MOVE, OR OTHERWISE PLEAD TO PLAINTIFF'S SECOND AMENDED COMPLAINT. PLAINTIFF TO RESPOND TO ANY COUNTERCLAIMS OR PRE-ANSWER MOTIONS FILED BY ANY DEFENDANT IN RESPONSE TO PLAINTIFFS SECOND AMENDED COMPLAINT ON OR BEFORE 01/15/2024. NOTICE ISSUED

AMENDED COMPLAINT $75 AMENDED COMPLAINT

SUMS AMENDED COMPLNT(52233935) SENT BY FEDEX. TO: PAUL E. KIEBLER IV,AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7777 3984

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANTS' UNOPPOSED MOTION FOR ADDITIONAL 15 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE OR OTHERWISE RESPOND TO COMPLAINT 03/13/2023 - GRANTED

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D37 JODY R. KIEBLER, AS MANAGER OF SUFFOLK ACQUISITION, LLC FILED. FEDEX TRACKING NUMBER PROVIDED:7738 7820 1017

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT JODY R. KIEBLER AS MANAGER OF SUFFOLK ACQUISITION, LLC

CMC BY PHONE SET FOR 03/28/2023 AT 10:30 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

TELEPHONE CONFERENCE HELD 01/24/2023 WITH JUDGE MIDAY. PARTIES PRESENT THROUGH COUNSEL. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND MOTION TO STRIKE TO BE FILED ON OR BEFORE 02/20/2023. DEFENDANTS' REPLY BRIEF TO BE FILED ON OR BEFORE 03/09/2023. UNSCHEDULED EVENT SET FOR 03/22/2023 AT 09:00 AM. UNSCHEDULED EVENT/NON-ORAL HEARING ON MOTION TO DISMISS AND MOTION TO STRIKE. NEITHER COUNSEL NOR PARTIES TO APPEAR AND A RULING ON THE MOTION WILL BE MADE ON OR ABOUT THIS DATE. NOTICE ISSUED

CASE CALLED FOR HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FOR DEFENDANTS FOUNTAIN PARK PROMOTE AND 9 ON CANAL PROMOTE. PLAINTIFF PRESENT THROUGH COUNSEL. DEFENDANTS PRESENT THROUGH COUNSEL. PLAINTIFF AND DEFENDANTS AGREE TO BIFURCATE THE ISSUES OF LIABILITY AND DAMAGES FOR THE MOTION FOR DEFAULT JUDGMENT. AS SUCH, PLAINTIFF IS NOT REQUIRED TO FILE A DAMAGES AFFIDAVIT AT THIS TIME. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT RESIDENCES 56 VENTURES LLC

SUMS COMPLAINT(49534281) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #4 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #5

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #5. TRACKING #7713 1116 2307 FILED.

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #1. TRACKING #7713 1104 7017 FILED.

SUMS COMPLAINT(49534279) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #2 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT 05/15/2024 - DENIED

ANSWER FILED BY D4 PEPPER PIKE ACQUISITIONS, LLC ATTORNEY VINCENT A STAFFORD 0059846 DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, PEPPER PIKE ACQUISITION ASSOCIATES, LLC, PAUL E. KIEBLER AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST, PAUL E. KIEBLER REVOCABLE TRUST, THE SUFFOLK FAMILY TRUST, AND JODY R. KIEBLER ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES

SUMS COMPLAINT(49534278) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #1 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

REPLY BRIEF FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS FOUNTAIN PARC PROMOTE, LLC & 9 ON CANAL PROMOTE LLC

PLAINTIFF'S UNOPPOSED MOTION FOR 10-DAY EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT KIEBLER'S MOTION TO QUASH SUBPOENA TO C.F. BANK, FILED 05/23/2023, IS UNOPPOSED AND GRANTED. PLAINTIFF'S BRIEF IN OPPOSITION TO BE FILED ON OR BEFORE 06/09/2023. NOTICE ISSUED

MOTION FILED FOR DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ANASTASIA J. WADE 0082797 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNERS, LLC AND 9 ON CANAL PROMOTE, LLC'S MOTION TO JOIN PROMOTE DEFENDANTS' DECEMBER 5, 2023 MOTION TO DISMISS

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

REPLY BRIEF FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 FOUNTAIN PARC PROMOTE AND 9 ON CANAL PROMOTE'S REPLY IN SUPPORT MOTION TO JOIN PROMOTE DEFENDANTS' DEC. 5, 2023 MOTION TO DISMISS

BRIEF FILED BY D25 MOUNT PROSPECT GREENS OWNER, LLC PHILLIP A CIANO 0066134 MOUNT PROSPECT GREENS OWNER AND FALL CREEK, LLC'S REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINITIFF'S SECOND AMENDED COMPLAINT

.DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) AND PEPPER PIKE STAFFING, LLC(D7). MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, FILED 01/13/2023, IS WITHDRAWN. NOTICE ISSUED

MOTION FILED FOR D1 PAUL E. KIEBLER ANDREW J DORMAN 0063410 DEFENDANT PAUL KIEBLER'S REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK 06/29/2023 - HELD IN ABEYANCE

SUMS AMENDED COMPLNT(49814161) SENT BY FEDERAL EXPRESS. TO: DOE LLC #4 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1113 5303

SUMS COMPLAINT(49534260) SENT BY SPECIAL PROCESS SERVER. TO: SUFFOLK ACQUISITION, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS COMPLAINT(49534253) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE ACQUISITIONS, LLC C/O STAT. AGENT HIGHLAND PARK SERV. 28601 CHARGRIN BLVD. SUITE 600 CLEVELAND, OH 44122-0000

MOTION TO DISMISS FILED DEFENDANTS EMERGENCY PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE WITH REQUEST FOR EXPEDITED BRIEFING 05/09/2023 - MOOT

SUMS COMPLAINT(52783308) SENT BY SPECIAL PROCESS SERVER. TO: MOUNT PROSPECT GREENS OWNER, LLC HIGHLAND PARK SERVICES CORP 28601 CHAGRIN BLVD, SUITE 600 CLEVELAND, OH 44122-0000

SUMS AMENDED COMPLNT(52233933) SENT BY FEDEX. TO: THE SUFFOLK FAMILY TRUST C/O PAUL E. KIEBLER IV, BENEFICIARY 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7805 8801

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT THE SUFFOLK FAMILY TRUST C-O PAUL E. KIEBLER, IV, BENEFICIARY

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT 03/01/2023 - GRANTED

PURSUANT TO JOINT STIIPULATION FILED 03/08/2023, DEFENDANT RESIDENCES 56 VENTURES ANSWER OR OTHER RESPONSIVE PLEADING TO BE FILED ON OR BEFORE 04/17/2023. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT PAUL E. KIEBLER IV'S MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK

MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT, FILED 01/22/2024, IS GRANTED. NOTICE ISSUED

SUMS COMPLAINT(49534274) SENT BY CERTIFIED MAIL. TO: MOUNT PROSPECT GREENS OWNER, LLC CARE OF COGENCY GLOBAL INC. 850 NEW BURTON RD., SUITE 201 DOVER, DE 19904

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT NOTTINGHAM RACING, LLC

SUMS AMENDED COMPLNT(52233935) SENT BY FEDEX. TO: PAUL E. KIEBLER IV,AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7777 3984

CMC IS CONTINUED BY AGREEMENT OF THE PARTIES AS FOLLOWS: CMC BY PHONE SET FOR 02/07/2024 AT 11:00 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

REPLY BRIEF FILED BY D2 PEPPER PIKE CAPITAL PARTNERS,LLC VINCENT A STAFFORD 0059846 FAMILY DEFENDANTS' REPLY IN SUPPORT TO THEIR MOTION FOR SANCTIONS AGAINST THE PLAINTIFF

SUMS COMPLAINT(49534250) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE CONSTRUCTION, LLC 200 PARK AVE. SUITE 410 ORANGE, OH 44122

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF SUMMONS AND COMPLAINT BY FEDRAL EXPRESS ON PAUL E. KIEBLER, IV. TRACKING NUMBER 7710 8452 5322 FILED.

SUMS COMPLAINT(49534252) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE ACQUISITIONS, LLC 200 PARK AVE. SUITE 410 ORANGE, OH 44122

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION TO FILE RESPONSES TO ALL DEFENDANTS' 12.5.23 MOTIONS, FILED 12/14/2023, IS GRANTED. NOTICE ISSUED

MOTION TO DISMISS FILED DEFENDANT DOE LLC ENTITIES MOTION TO DISMISS 06/29/2023 - GRANTED

SUMS COMPLAINT(49534278) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #1 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

CMC BY PHONE SET FOR 12/06/2023 AT 10:00 AM. PLAINTIFF TO PROVIDE CONFERENCE CALL-IN INFORMATION TO ALL PARTIES AND THE STAFF ATTORNEY AT KTROUTEN@CUYAHOGACOUNTY.US NOTICE ISSUED

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #2. TRACKING #7713 1107 8932 FILED.

SUMS AMENDED COMPLNT(49814061) SENT BY FEDERAL EXPRESS. TO: DOE LLC #2 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1107 8932

DEFAULT HEARING SET FOR 03/06/2024 AT 10:30 AM. DEFAULT HEARING FOR DEFENDANTS FOUNTAIN PARC PROMOTE LLC, MOUNT PROSPECT GREENS OWNER, LLC AND 9 ON CANAL PROMOTE, LLC. IN ORDER FOR THE DEFAULT HEARING TO GO FORWARD, PLAINTIFF MUST FILE WITH THE CLERK OF COURTS: (1) A JUDGMENT ENTRY; (2) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT ACCORDING TO STATUTE AND RULES, SERVICE REQUIREMENTS WERE MET; (3) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT A SEARCH HAS BEEN CONDUCTED AND DEFENDANT IS NOT A CURRENT MEMBER OF THE MILITARY; AND (4) AN AFFIDAVIT SIGNED BY THE PLAINTIFF, OR PLAINTIFF'S REPRESENTATIVE, PROVING DAMAGES. PARTIES TO CALL THE STAFF ATTORNEY AT 216-443-8590 AT THE TIME OF THE HEARING. PLAINTIFF TO NOTIFY ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME, DATE OF THE DEFAULT TELEPHONE HEARING, AND CONFERENCE CALL-IN INSTRUCTIONS, BY REGULAR AND CERTIFIED MAIL AT LEAST FOURTEEN (14) DAYS PRIOR TO THE TELEPHONE HEARING DATE. PLAINTIFF IS TO FILE DOCUMENTATION THAT DEFENDANT WAS NOTIFIED OF HEARING IN COMPLIANCE WITH THIS ORDER. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE OF DEFENDANT(S) TO APPEAR MAY RESULT IN DEFAULT JUDGMENT BEING GRANTED IN FAVOR OF THE PLAINTIFF. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER IV

NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF FILING RETURN OF SERVICE - MOUNT PROSPECT GREENS OWNER, LLC CO ITS MANAGER PEPPER PIKE ACQUISITION ASSOCIATES - AMENDED COMPLAINT

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT, FILED 02/17/2023, IS GRANTED. DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC TO FILE ANSWER OR OTHER RESPONSIVE PLEADING ON OR BEFORE 03/16/2023. NOTICE ISSUED

MOTION TO DISMISS FILED DEFENDANTS MOUNT PROSPECT GREEN OWNERS, LLC AND FALL CREEK PROMOTE, LLC'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT 03/13/2023 - GRANTED

REPLY BRIEF FILED BY D2 PEPPER PIKE CAPITAL PARTNERS,LLC VINCENT A STAFFORD 0059846 PPCP DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

SUMS COMPLAINT(49534275) SENT BY CERTIFIED MAIL. TO: WOODLANDS EQUITY HOLDER, LLC CARE OF THE CORPORATION TRUST COMPA 1209 ORANGE STREET WILMINGTON, DE 19801

MOTION FILED FOR P1 FRANK J GORI LISA A KAINEC 0061551 PLAINTIFF'S AMENDED MOTION FOR LEAVE INSTANTER TO AMEND CAPTION OF SECOND AMENDED COMPLAINT

SUMS COMPLAINT(49585576) SENT BY EXPRESS MAIL. TO: PAUL E. KIEBLER IV 200 PARK AVE. SUITE 410 BEACHWOOD, OH 44122-0000

PLAINTIFF'S UNOPPOSED MOTION FOR 10-DAY EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT KIEBLER'S MOTION TO QUASH SUBPOENA TO C.F. BANK, FILED 05/23/2023, IS UNOPPOSED AND GRANTED. PLAINTIFF'S BRIEF IN OPPOSITION TO BE FILED ON OR BEFORE 06/09/2023. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #3

SUMS COMPLAINT(49534277) SENT BY CERTIFIED MAIL. TO: RESIDENCES 56 VENTURES LLC CARE OF NATIONAL REGISTERED AGENTS, 1209 ORANGE STREE WILMINGTON, DE 19801

SUMS COMPLAINT(49534279) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #2 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

MOTION FILED FOR DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) and PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 DEFENDANTS WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 01/26/2023 - GRANTED

CASE CALLED FOR PRELIMINARY HEARING WITH COUNSEL. PARTIES TO FILE BRIEFS ON THE ISSUE OF JURISDICTION. PLAINTIFF'S BRIEF TO BE FILED ON OR BEFORE 01/18/2023. DEFENDANTS' REPLY BRIEF TO BE FILED ON OR BEFORE 01/20/2023. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO PPCP DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS

D23 NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS. PHILLIP A CIANO 0066134 PROMOTE DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS 06/29/2023 - DENIED

MOTION FILED FOR D1 PAUL E. KIEBLER ANDREW J DORMAN 0063410 DEFENDANT PAUL E KIEBLER'S MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO CF BANK 06/29/2023 - GRANTED

MOTION FOR EXTENSION OF TIME PROMOTE DEFENDANTS' UNOPPOSED MOTION FOR 45 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE, OR OTHERWISE RESPOND TO COMPLAINT 02/15/2023 - GRANTED

MOTION FOR TEMPORARY RESTRAINING ORDER...DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) and PEPPER PIKE STAFFING, LLC(D7). MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION 01/26/2023 - WITHDRAWN

MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT 02/06/2024 - GRANTED

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #4. TRACKING #7713 1113 5303 FILED.

NOTICE OF APPEARANCE, FILED D5 PEPPER PIKE ACQUISITION ASSOCIATES, LLC VINCENT A STAFFORD 0059846. NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL

CMC BY PHONE SET FOR 07/26/2023 AT 10:30 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

SUMS AMENDED COMPLNT(52233931) SENT BY FEDEX. TO: JODY R. KIEBLER, AS MANAGER OF SUFFOLK ACQUISITION , LLC 28601 CHAGRIN BOULEVARD SUITE 600 CLEVELAND, OH 44122-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7820 1017

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D35 PAUL E. KIEBLER IV, TRUSTEE FILED. FEDEX TRACKING NUMBER PROVIDED: 7738 7791 5639

PURSUANT TO STIPULATED NOTICE FILED 02/13/2023, DEFENDANTS PEPPER PIKE PROPERTY MANAGEMENT, LLC AND PEPPER PIKE CONSTRUCTION SHALL HAVE AN ADDITIONAL THIRTY (30) DAYS, UNTIL MARCH 16, 2023, TO ANSWER OROTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT. NOTICE ISSUED

MOTION FILED FOR D4 PEPPER PIKE ACQUISITIONS, LLC VINCENT A STAFFORD 0059846 DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, PEPPER PIKE ACQUISITION ASSOCIATES, LLC, PAUL E. KIEBLER AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST, PAUL E. KIEBLER REVOCABLE TRUST, THE SUFFOLK FAMILY TRUST AND JODY R. KIEBLER'S MOTION FOR JUDGMENT ON THE PLEADINGS

PLAINTIFF'S NOTICE OF FILING AN UNREDACTED COPY OF EXHIBIT F FILED UNDER SEAL

INSTRUCTION FOR SERVICE ON D1 PAUL E. KIEBLER IV BY FEDERAL EXPRESS MAIL (2916 NOTTINGHAM LANE) FILED. FED EX NO.7710 7190 5104 FILED.

SUMS COMPLAINT(49534261) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER RIVERBEND PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #5. TRACKING #7713 1116 2307 FILED.

PROMOTE DEFENDANTS' JURY DEMAND, FILED 04/04/2023, IS GRANTED. NOTICE ISSUED

SUMS COMPLAINT(49534272) SENT BY SPECIAL PROCESS SERVER. TO: NOTTINGHAM FOUNDATION PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS AMENDED COMPLNT(49814191) SENT BY FEDERAL EXPRESS. TO: DOE LLC #5 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1116 2307

ANSWER AND COUNTERCLAIM $75 DEFENDANTS PAUL E KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS LLC, PEPPER PIKE ACQUISITION LLC, PEPPER PIKE STAFFING LLC, PEPPER PIKE PROPERTY MANAGEMENT LLC AND PEPPER PIKE CONSTRUCTION LLC'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES AND COUNTERCLAIM

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT, FILED 03/03/2023, IS GRANTED. DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC ANSWER OR OTHER REPSONSIVE PLEADING TO BE FILED ON OR BEFORE 03/30/2023. NOTICE ISSUED

SUMS COMPLAINT(49585130) SENT BY EXPRESS MAIL. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122

SUMS COMPLAINT(49534254) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE ACQUISITION ASSOCIATES, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS COMPLAINT(49534281) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #4 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREENS OWNER, LLC AND 9 ON CANAL PROMOTE, LLC'S BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

SUMS COMPLAINT(49534247) SENT BY SPECIAL PROCESS SERVER. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122

SUMS COMPLAINT(49534280) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #3 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

ANSWER AND COUNTERCLAIM $75 DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES AND AMENDED COUNTERCLAIM

SUMS COMPLAINT(49534268) SENT BY SPECIAL PROCESS SERVER. TO: RIVERBEND PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION FOR 10-DAY EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT KIEBLER'S MOTION TO QUASH SUBPOENA TO C.F. BANK 05/23/2023 - UNOPPOSED AND GRANTED

DEFENDANT PAUL KIEBLER'S REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK, FILED 06/15/2023, IS HELD IN ABEYANCE. THIS ENTRY DONE FOR COURT DOCKET MAINTENANCE. THIS REPLY BRIEF WAS CATERGORIZED AS A NEW MOTION. NOTICE ISSUED

SUMS AMENDED COMPLNT(52233932) SENT BY FEDEX. TO: THE SUFFOLK FAMILY TRUST C/O JODI R. KIEBLER, BENEFICIARY 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7811 9704

SUMS COMPLAINT(49585575) SENT BY EXPRESS MAIL. TO: NOTTINGHAM RACING, LLC CARE OF PAUL E. KIEBLER IV 200 PARK AVE., SUITE 410 BEACHWOOD, OH 44122

PLAINTIFF'S UNOPPOSED MOTION TO APPROVE STIPULATED PROTECTIVE ORDER, FILED 05/04/2023, IS GRANTED. NOTICE ISSUED

SUMS COMPLAINT(49534265) SENT BY SPECIAL PROCESS SERVER. TO: HINES PARK PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

PJK FAMILY DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT, FILED 11/09/2023, IS GRANTED. NOTICE ISSUED

SUMS COMPLAINT(49534251) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE CONSTRUCTION, LLC C/O STAT. AGENT. HIGHLAND PARK SER. 28601 CHAGRIN BLVD. SUITE 600 CLEVELAND, OH 44122-0000

INSTRUCTION FOR SERVICE OF COMPLAINT BY SPECIAL PROCESS SERVER ON D25 MOUNT PROSPECT GREEN OWNER, LLC FILED.

AMENDED COMPLAINT $75 SECOND AMENDED COMPLAINT

SUMS AMENDED COMPLNT(52783222) SENT BY SPECIAL PROCESS SERVER. TO: MOUNT PROSPECT GREENS OWNER, LLC HIGHLAND PARK SERVICES CORP 28601 CHAGRIN BLVD, SUITE 600 CLEVELAND, OH 44122-0000

NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF FILING RETURN OF SERVICE - MOUNT PROSPECT GREENS OWNER, LLC CO ITS MANAGER PEPPER PIKE ACQUISITION ASSOCIATES - SECOND AMENDED COMPLAINT

MOTION FOR EXTENSION OF TIME DEFENDANTS MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS 02/06/2024 - GRANTED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT RESIDENCES 56 VENTURES LLC

REPLY BRIEF FILED BY DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE CONSTRUCTION, LLC(D3), PEPPER PIKE ACQUISITIONS, LLC(D4), PEPPER PIKE PROPERTY MANAGEMENT, LLC(D6) and PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 PPCP DEFENDANTS REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS DOE LLC #1, DOE LLC #2, DOE LLC #3, DOE LLC #4 AND DOE LLC #5'S MOTION TO DISMISS

SUMS COMPLAINT(49534256) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE STAFFING, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS COMPLAINT(49534264) SENT BY SPECIAL PROCESS SERVER. TO: FARMINGTON PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

CASE DISMISSED WITHOUT PREUDICE AGAINST DEFENDANT RESIDENCES 56 VENTURES, LLC PURSUANT TO NOTICE FILED 04/03/2023. ALL OTHER CLAIMS REMAIN PENDING. 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

HEARING SET FOR 01/17/2023 AT 10:00 AM. PRELIMINARY HEARING. ALL COUNSEL TO BE PRESENT. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #4

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT RESIDENCES 56 VENTURES, LLC WITHOUT PREJUDICE

SUMS COMPLAINT(49534257) SENT BY SPECIAL PROCESS SERVER. TO: MAVGUN, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

NOTICE OF APPEARANCE, FILED P1 FRANK J GORI STEPHEN S ZASHIN 0064557. NOTICE OF APPEARANCE OF DAVID P. FRANTZ AND REBECCA SINGER-MILLER

SUMS COMPLAINT(49534276) SENT BY CERTIFIED MAIL. TO: 9 ON CANAL PROMOTE LLC CARE OF CORPORATION SERVICE COMPANY 251 LITTLE FALLS DR WILMINGTON, DE 19808

SUMS COMPLAINT(49534259) SENT BY SPECIAL PROCESS SERVER. TO: NOTTINGHAM RACING, LLC CARE OF PAUL E. KIEBLER IV 200 PARK AVE., SUITE 410 BEACHWOOD, OH 44122

INSTRUCTION FOR SERVICE ON D1 PAUL E. KIEBLER IV (200 PARK AVE.) (FED EX NO. 7710 7462 5287) AND D10 NOTTINGHAM RACING, LLC (FED EX NO. 7710 7457 8895) BY FEDERAL EXPRESS MAIL FILED. FILED.

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF WITHDRAWAL OF MOTION FOR DEFAULT AGAINST MOUNT PROSPECT GREENS OWNER LLC

REPLY BRIEF FILED BY DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 PROMOTE DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISMISS

TELEPHONE CONFERENCE HELD 01/24/2023 WITH JUDGE MIDAY. PARTIES PRESENT THROUGH COUNSEL. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND MOTION TO STRIKE TO BE FILED ON OR BEFORE 02/20/2023. DEFENDANTS' REPLY BRIEF TO BE FILED ON OR BEFORE 03/09/2023. UNSCHEDULED EVENT SET FOR 03/22/2023 AT 09:00 AM. UNSCHEDULED EVENT/NON-ORAL HEARING ON MOTION TO DISMISS AND MOTION TO STRIKE. NEITHER COUNSEL NOR PARTIES TO APPEAR AND A RULING ON THE MOTION WILL BE MADE ON OR ABOUT THIS DATE. NOTICE ISSUED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #1

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER, IV, TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON RESIDENCES 56 VENTURES LLC. TRACIKING # 7713 1099 7877 FILED.

ANSWER FILED BY DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24) and 9 ON CANAL PROMOTE LLC(D27) ATTORNEY PHILLIP A CIANO 0066134 ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES ON BEHALF OF PROMOTE DEFENDANTS

DEFENDANT PAUL E KIEBLER'S MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO CF BANK, FILED 05/16/2023, IS WELL TAKEN AND GRANTED.THE SUBPOENA TO CF BANK AS CURRENTLY CONSTITUTED IS QUASHED.PLAINTIFF IS INSTRUCTED TO LIMIT SUBPOENA TO RECORDS RELEVANT TO THE ALLEGATIONS OUTLINED IN ITS AMENDED COMPLAINT. NOTICE ISSUED

SUMS COMPLAINT(49534269) SENT BY SPECIAL PROCESS SERVER. TO: SOUTHGATE GREEN PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

REPLY BRIEF FILED BY D2 PEPPER PIKE CAPITAL PARTNERS,LLC VINCENT A STAFFORD 0059846 FAMILY DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

REPLY BRIEF FILED BY DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNER, LLC AND 9 ON CANAL PROMOTE, LLC'S REPLY IN SUPPORT OF REQUEST FOR SANCTIONS

CMC SET FOR 12/056/2023 IS CANCELLED DUE TO THE EXTENSION OF TIME GRANTED FOR DEFENDANTS TO REPSOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT. CMC WILL BE RESET BY SEPARATE ORDER. NOTICE ISSUED

DEFENDANTS MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI, FILED 06/19/2023, IS GRANTED. THE COURT HAS REVIEWED DEFENDANTS' MOTION TO QUASH FILED 06/19/2023, PLAINTIFF'S BRIEF IN OPPOSITION FILED 06/29/2023 AND DEFENDANTS' REPLY BRIEF FILED 06/30/2023. THE SUBPOENA SEEKS IRRELEVANT PERSONAL FINANCIAL RECORDS SUCH THAT IT CREATES AN UNDUE BURDEN ON THE PARTY WITH THE RIGHT TO THE FINANICAL RECORDS. DEFENDANTS' MOTION IS WELL TAKEN AND GRANTED. NOTICE ISSUED

DEFENDANTS MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS, FILED 01/22/2024, IS GRANTED. NOTICE ISSUED

MOTION FILED FOR P1 FRANK J GORI LISA A KAINEC 0061551 PLAINTIFF'S MOTION FOR LEAVE INSTANTER TO AMEND CAPTION OF SECOND AMENDED COMPLAINT

DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) AND PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 DEFENDANTS WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, FILED 01/20/2023, IS GRANTED. DEFENDANTS' MOTION IS DEEMED WITHDRAWN 01/20/2023. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO PROMOTE DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D34 PAUL E. KIEBLER IV, AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST FILED. FEDEX TRACKING NUMBER PROVIDED: 7738 7777 3984

SUMS AMENDED COMPLNT(49814135) SENT BY FEDERAL EXPRESS. TO: DOE LLC #3 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1110 4462

ANSWER FILED BY D4 PEPPER PIKE ACQUISITIONS, LLC ATTORNEY VINCENT A STAFFORD 0059846 DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, PEPPER PIKE ACQUISITION ASSOCIATES, LLC, PAUL E. KIEBLER AS TRUSTEE OF THE PAUL E. KIEBLER REVOCABLE TRUST, PAUL E. KIEBLER REVOCABLE TRUST, THE SUFFOLK FAMILY TRUST, AND JODY R. KIEBLER ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES

MOTION FOR EXTENSION OF TIME COUNTERCLAIMANTS MOTION FOR LEAVE TO FILE SECOND AMENDED COUNTERCLAIM INSTANTER AND OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS

SUMS COMPLAINT(49534263) SENT BY SPECIAL PROCESS SERVER. TO: CAMELOT EAST HOLDINGS, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER IV

NOTICE OF APPEARANCE, FILED DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ALEXANDRA V DATTILO 0086444. NOTICE OF APPEARANCE OF COUNSEL FOR CERTAIN DEFENDANTS

DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, AND PEPPER PIKE ACQUISITION ASSOCIATES, LLC (COLLECTIVELY "FAMILY DEFENDANTS") MAY MOVE OR PLEAD ON OR BEFORE 03/13/2023. OSJ. NOTICE ISSUED

NOTICE OF SUMMONS SERVICE RETURN FILED NOTICE OF FILING RETURN OF SERVICE - MOUNT PROSPECT GREENS OWNER, LLC CO ITS MANAGER PEPPER PIKE ACQUISITION ASSOCIATES - COMPLAINT

SUMS COMPLAINT(49534262) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER WARREN HARBOR PROMOTE,LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS COMPLAINT(49534248) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE CAPITAL PARTNERS,LLC 200 PARK AVE. SUITE 410 ORANGE, OH 44122

NOTICE OF APPEARANCE, FILED DEFENDANT(S) PEPPER PIKE ACQUISITION ASSOCIATES, LLC(D5), MAVGUN, LLC(D8), PJK FAMILY MANAGEMENT, LLC(D9), NOTTINGHAM RACING, LLC(D10) and SUFFOLK ACQUISITION, LLC(D11) JAMES A DEROCHE 0055613. NOTICE OF APPEARANCE OF COUNSEL FOR CERTAIN DEFENDANTS

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION TO FILE RESPONSES TO ALL DEFENDANTS' 12.5.23 MOTIONS 12/14/2023 - GRANTED

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION TO APPROVE STIPULATED PROTECTIVE ORDER 05/09/2023 - GRANTED

MOTION FILED FOR DEFENDANT(S) PAUL E. KIEBLER(D1) and PEPPER PIKE CAPITAL PARTNERS,LLC(D2) ANDREW J DORMAN 0063410 DEFENDANTS MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI 07/12/2023 - GRANTED

CMC BY PHONE SET FOR 03/28/2023 AT 10:30 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

TELEPHONE CONFERENCE SET FOR 01/24/2023 AT 01:30 PM. STATUS CONFERENCE WITH JUDGE MIDAY. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND CALL THE STAFF ATTORNEY AT 216-443-8590. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO MOUNT PROSPECT GREENS OWNER AND FALL CREEK PROMOTE'S MOTION TO DISMISS SECOND AMENDED COMPLAINT

MOTION FILED FOR DEFENDANT(S) FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ANASTASIA J. WADE 0082797 DEFENDANTS FOUNTAIN PARC PROMOTE, LLC, MOUNT PROSPECT GREEN OWNERS, LLC AND 9 ON CANAL PROMOTE, LLC'S MOTION TO JOIN PROMOTE DEFENDANTS' DECEMBER 5, 2023 MOTION TO DISMISS

SUMS COMPLAINT(49534270) SENT BY SPECIAL PROCESS SERVER. TO: TOWN AND COUNTRY PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

CASE CALLED FOR TELEPHONE STATUS CONFERENCE. ALL PARTIES PRESENT THROUGH COUNSEL. PARTIES TO CONTINUE CONDUCTING DISCOVERY. PLAINTIFF'S SECOND AMENDED COMPLAINT TO BE FILED ON OR BEFORE 10/27/2023. NOTICE ISSUED

MOTION FILED FOR DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 PROMOTE DEFENDANTS' JURY DEMAND 05/09/2023 - GRANTED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT PAUL E. KIEBLER IV'S MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO STEVE POGOZELSKI

SUMS AMENDED COMPLNT(52233934) SENT BY FEDEX. TO: PAUL E. KIEBLER REVOCALBE TRUST C/O PAUL E. KIEBLER IV, TRUSTEE 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44022-0000 FEDEX TRACKING NUMBER PROVIDED: 7738 7791 5369

DEFENDANTS EMERGENCY PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE WITH REQUEST FOR EXPEDITED BRIEFING, FILED 01/20/2023, IS MOOT. PLAINTIFF FILED AN AMENDED COMPLAINT ON 02/14/2023. NOTICE ISSUED

FAMILY DEFENDANT'S MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SANCTIONS, FILED 01/25/2024, IS GRANTED. NOTICE ISSUED

PROMOTE DEFENDANTS' UNOPPOSED MOTION FOR 45 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE, OR OTHERWISE RESPOND TO COMPLAINT, FILED 02/13/2023, IS GRANTED. NOTICE ISSUED

SUMS COMPLAINT(49534267) SENT BY SPECIAL PROCESS SERVER. TO: RIVERBEND PROMOTE INVESTORS, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANTS' UNOPPOSED MOTION FOR ADDITIONAL 15 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE OR OTHERWISE RESPOND TO COMPLAINT 03/13/2023 - GRANTED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #5

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING OF PROOF OF SERVICE FOR DEFENDANT DOE LLC #2

TELEPHONE CONFERENCE SET FOR 11/07/2023 AT 09:30 AM. STATUS CONFERENCE. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND CALL THE STAFF ATTORNEY AT 216-443-8590. NOTICE ISSUED

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT, FILED 11/09/2023, IS GRANTED. NOTICE ISSUED

CMC BY PHONE SET FOR 01/17/2024 AT 10:30 AM. PLAINTIFF TO PROVIDE CONFERENCE CALL IN INFORMATION TO ALL PARTIES AND THE STAFF ATTORNEY AT KTROUTEN@CUYAHOGACOUNTY.US NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO FAMILY DEFENDANTS' MOTION FOR SANCTIONS

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS LLC, PEPPER PIKE ACQUISITION LLC AND PEPPER PIKE STAFFING LLC'S MOTION TO DISMISS

SUMS COMPLAINT(49534258) SENT BY SPECIAL PROCESS SERVER. TO: PJK FAMILY MANAGEMENT, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS COMPLAINT(49534249) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE CAPITAL PARTNERS,LLC C/O STAT.AGENT HIGHLAND PARK SERVI 28601 CHAGRIN BOULEVARD, SUITE 600 CLEVELAND, OH 44122-0000

CASE CALLED FOR CMC BY PHONE. PARTIES PRESENT THROUGH COUNSEL. ALL DEFENDANTS GRANTED AN ADDITIONAL 30 DAYS TO SUBMIT DISCOVERY RESPONSES. DISCOVERY RESPONSES TO PLAINTIFF'S REQUESTS TO BE PROVIDED ON OR BEFORE 08/25/2023. PLAINTIFF IS GRANTED LEAVE IF IT BECOMES NECESSARY TO FILE A SECOND AMENDED COMPLAINT. DEFENDANTS DO NOT OBJECT TO A SECOND AMENDED COMPLAINT. PLAINTIFF TO FILE SECOND AMENDED COMPLAINT ON OR BEFORE 10/27/2023. TELEPHONE CONFERENCE SET FOR 09/19/2023 AT 10:00 AM. STATUS CONFERENCE AS TO THE STAUTS OF DISCOVERY. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND CALL THE STAFF ATTORNEY AT 216-443-8590. NOTICE ISSUED

SUMS COMPLAINT(49534282) SENT BY SPECIAL PROCESS SERVER. TO: DOE LLC #5 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022

DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE CONSTRUCTION, LLC(D3), PEPPER PIKE ACQUISITIONS, LLC(D4), PEPPER PIKE PROPERTY MANAGEMENT, LLC(D6) and PEPPER PIKE STAFFING, LLC(D7)'S MOTION FOR JUDGMENT ON THE PLEADINGS. ANDREW J DORMAN 0063410 DEFENDANTS PAUL E. KIEBLER IV, PEPPER PIKE CAPITAL PARTNERS, LLC, PEPPER PIKE ACQUISITION, LLC, PEPPER PIKE STAFFING, LLC, PEPPER PIKE PROPERTY MANAGEMENT, LLC, AND PEPPER PIKE CONSTRUCTION, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS

SUMS COMPLAINT(49534266) SENT BY SPECIAL PROCESS SERVER. TO: PLYMOUTH PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D37 JODY R. KIEBLER, AS MANAGER OF SUFFOLK ACQUISITION, LLC FILED. FEDEX TRACKING NUMBER PROVIDED:7738 7820 1017

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D36 THE SUFFOLK FAMILY TRUST C/O PAUL E. KIEBLER, BENEFICIARY FILED. FEDEX TRACKING NUMBER PROVIDED: 7738 7805 8801

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR PARTIAL JUDGMENT ON PLEADINGS

AMENDED COMPLAINT $75 AMENDED COMPLAINT

REPLY BRIEF FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS FOUNTAIN PARC PROMOTE, LLC & 9 ON CANAL PROMOTE LLC

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY SPECIAL PROCESS SERVER ON D25 MOUNT PROSPECT GREEN OWNER, LLC FILED.

INSTRUCTION FOR SERVICE OF AMENDED COMPLAINT BY SPECIAL PROCESS SERVER ON D25 MOUNT PROSPECT GREENS OWNER, LLC FILED.

NOTICE OF APPEARANCE, FILED DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE CONSTRUCTION, LLC(D3), PEPPER PIKE ACQUISITIONS, LLC(D4), PEPPER PIKE PROPERTY MANAGEMENT, LLC(D6) and PEPPER PIKE STAFFING, LLC(D7) ANDREW J DORMAN 0063410.

DEFENDANT DOE LLC ENTITIES' MOTION TO DISMISS FILED 03/17/2023 IS GRANTED. THE COURT HAS CONSIDERED DEFENDANTS' MOTION FILED 03/17/2023, PLAINTIFF'S BRIEF IN OPPOSITION FILED 03/27/2023, PLAINTIFF'S REPLY BRIEF FILED 04/14/2023 AND DEFENDANTS' REPLY BRIEF FILED 04/20/2023. DEFENDANTS HAVE MOVED TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO CIV. RULE 12(B)(6) AND 12(B)(5). "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT. THUS, THE MOVANT MAY NOT RELY ON ALLEGATIONS OR EVIDENCE OUTSIDE THE COMPLAINT; SUCH MATTERS MUST BE EXCLUDED, OR THE MOTION MUST BE TREATED AS A MOTION FOR SUMMARY JUDGMENT. 'THE FACTUAL ALLEGATIONS OF THE COMPLAINT AND ITEMS PROPERLY INCORPORATED THEREIN MUST BE ACCEPTED AS TRUE. FURTHERMORE, THE PLAINTIFF MUST BE AFFORDED ALL REASONABLE INFERENCES POSSIBLY DERIVED THEREFROM.' IT MUST APPEAR BEYOND DOUBT THAT PLAINTIFF CAN PROVE NO SET OF FACTS ENTITLING HER TO RELIEF." VOLBERS-KLARICH V. MIDDLETOWN MGMT., 125 OHIO ST.3D 494, 497 (2010), CITING CIV.R. 12(B), QUOTING MITCHELL V. LAWSON MILK CO., 40 OHIO ST.3D 190, 192 (1988), OTHER INTERNAL CITATIONS OMITTED. CIV. R. 15(D) ALLOWS A PLAINTIFF TO NAME A FICTITIOUS DEFENDANT WHEN THE PLAINTIFF KNOWS THE IDENTITY AND WHEREABOUTS OF A DEFENDANT, BUT NOT THE DEFENDANT'S NAME. ERWIN V. BRYAN, 125 OHIO ST.3D 519, 2010-OHIO-2202, U 24, 929 N.E.2D 1019. TO INVOKE CIV. R. 15(D), THE PLAINTIFF MUST IDENTIFY THE DEFENDANT IN THE COMPLAINT WITH ENOUGH SPECIFICITY THAT PERSONAL SERVICE CAN BE OBTAINED ON THE DEFENDANT. ID., QUOTING VARNO V. BALLY MFG. CO., 19 OHIO ST.3D 21, 24, 19 OHIO B. 18, 482 N.E.2D 342 (1985). PLAINTIFF HAS NAMED FIVE DOE LLC DEFENDANTS IN THE COMPLAINT. THE COURT FINDS THAT PLAINTIFF HAS NOT INDENTIFIED THESE FIVE DEFENDANTS WITH ENOUGH SPECIFICITY THAT PERSONAL SERVICE COULD BE OBTAINED ON THEM. HAVING CONSTRUED THE MATERIAL ALLEGATIONS IN THE PLEADINGS WITH REASONABLE INFERENCES TO BE DRAWN THEREFROM IN FAVOR OF THE NON-MOVING PARTY, THE COURT FINDS THAT PLAINTIFF'S COMPLAINT DOES NOT STATE FACTS DEMONSTRATING VIABLE CLAIMS FOR RELIEF AS TO THE DOE DEFENDANTS. AS SUCH, THE COURT FINDS THAT DISMISSAL OF COMPLAINT IS PROPER AND MOVANTS ARE ENTITLED TO JUDGMENT AS A MATTER OF LAW PURSUANT TO CIV. R. 12(B)(6) NOTICE ISSUED

ANSWER FILED BY DEFENDANT(S) PEPPER PIKE ACQUISITION ASSOCIATES, LLC(D5), MAVGUN, LLC(D8), PJK FAMILY MANAGEMENT, LLC(D9), NOTTINGHAM RACING, LLC(D10) and SUFFOLK ACQUISITION, LLC(D11) ATTORNEY JAMES A DEROCHE 0055613 ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES OF DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC AND PEPPER PIKE ACQUISITION ASSOCIATES, LLC

JOINT MOTION FOR EXTENSION OF PLEADING-MOTION DEADLINES, FILED 11/09/2023, IS GRANTED. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO FAMILY DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #1. TRACKING #7713 1104 7017 FILED.

SUMS COMPLAINT(49534255) SENT BY SPECIAL PROCESS SERVER. TO: PEPPER PIKE PROPERTY MANAGEMENT, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

SUMS COMPLAINT(49628192) SENT BY CERTIFIED MAIL. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122

REPLY BRIEF FILED BY DEFENDANT(S) PAUL E. KIEBLER(D1) and PEPPER PIKE CAPITAL PARTNERS,LLC(D2) ANDREW J DORMAN 0063410 DEFENDANTS REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI

SUMS COMPLAINT(49534271) SENT BY SPECIAL PROCESS SERVER. TO: WARREN HARBOR PROMOTE, LLC CARE OF HIGHLAND PARK SERVICE CORP. 28601 CHAGRIN BLVD., SUITE 600 CLEVELAND, OH 44122

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT NOTTINGHAM FOUNDATION PROMOTE LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS

SUMS AMENDED COMPLNT(49813997) SENT BY FEDERAL EXPRESS. TO: DOE LLC #1 CARE OF PAUL E. KIEBLER IV 2916 NOTTINGHAM LN HUNTING VALLEY, OH 44022 TRACKING #7713 1104 7017

SUMS COMPLAINT(49598663) SENT BY FEDERAL EXPRESS. TO: PAUL E. KIEBLER IV 2916 NOTTINGHAM LANE HUNTING VALLEY, OH 44122 TRACKING NUMBER 7710 8452 5322

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT JODY R. KIEBLER AS MANAGER OF SUFFOLK ACQUISITION, LLC

SUMS COMPLAINT(49534273) SENT BY CERTIFIED MAIL. TO: FOUNTAIN PARC PROMOTE, LLC CARE OF CORPORATION SERVICE COMPANY 251 LITTLE FALLS DRIVE WILMINGTON, DE 19808

BRIEF IN OPPOSITION FILED BY P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS FOUNTAIN PARC PROMOTE, MOUNT PROSPECT GREENS OWNER & 9 ON CANAL PROMOTE'S MOTION TO JOIN PROMOTE DEFENDANTS' DECEMBER 5, 2023 MOTION TO DISMISS

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT THE SUFFOLK FAMILY TRUST C-O JODY R. KIEBLER, BENEFICIARY

NOTICE FILED BY DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) ATTORNEY ALEXANDRA V DATTILO 0086444 NOTICE TO WITHDRAW AS COUNSEL

MOTION FILED FOR DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 JOINT MOTION FOR EXTENSION OF PLEADING-MOTION DEADLINES 11/13/2023 - GRANTED

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANT'S MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SANCTIONS 02/06/2024 - GRANTED

INSTRUCTION FOR SERVICE ON INSTRUCTIONS FOR SERVICE OF AMENDED COMPLAINT BY FEDERAL EXPRESS ON DOE LLC #3. TRACKING #7713 1110 4462 FILED.

PLAINTIFF'S MOTION FOR LEAVE TO FILE EXH F UNDER SEAL, FILED 01/16/2024, IS UNOPPOSED AND GRANTED. NOTICE ISSUED

ALL DEFENDANTS ARE GRANTED UNTIL 12/05/2023 TO ANSWER, MOVE, OR OTHERWISE PLEAD TO PLAINTIFF'S SECOND AMENDED COMPLAINT. PLAINTIFF TO RESPOND TO ANY COUNTERCLAIMS OR PRE-ANSWER MOTIONS FILED BY ANY DEFENDANT IN RESPONSE TO PLAINTIFFS SECOND AMENDED COMPLAINT ON OR BEFORE 01/15/2024. NOTICE ISSUED

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR LEAVE TO FILE EXH F UNDER SEAL 02/06/2024 - UNOPPOSED AND GRANTED

NOTICE FILED BY P1 FRANK J GORI ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S NOTICE OF FILING AN UNREDACTED COPY OF EXHIBIT F UNDER SEAL

SUMS AMENDED COMPLNT(52783414) SENT BY SPECIAL PROCESS SERVER. TO: MOUNT PROSPECT GREENS OWNER, LLC HIGHLAND PARK SERVICES CORP 28601 CHAGRIN BLVD, SUITE 600 CLEVELAND, OH 44122-0000

NOTICE OF APPEARANCE, FILED DEFENDANT(S) DOE LLC #1(D29), DOE LLC #2(D30), DOE LLC #3(D31), DOE LLC #4(D32) and DOE LLC #5(D33) ANDREW J DORMAN 0063410. NOTICE OF LIMITED APPEARANCE OF COUNSEL

SUMS AMENDED COMPLNT(49813908) SENT BY FEDERAL EXPRESS. TO: RESIDENCES 56 VENTURES LLC CARE OF NATIONAL REGISTERED AGENTS, 1209 ORANGE STREET WILMINGTON, DE 19801 TEACKING #7713 1099 7877

STIPULATED PROTECTIVE ORDER. OSJ. NOTICE ISSUED

NOTICE FILED BY ATTORNEY NOTICE OF FILING PROOF OF SERVICE FOR DEFENDANT PAUL E. KIEBLER REVOCABLE TRUST

MOTION TO DISMISS FILED PROMOTE DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT

FAMILY DEFENDANTS' UNOPPOSED MOTION FOR ADDITIONAL 15 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE OR OTHERWISE RESPOND TO COMPLAINT, FILED 03/02/2023, IS GRANTED. DEFENDANTS MAVGUN, LLC, PJK FAMILY MANAGEMENT, LLC, NOTTINGHAM RACING, LLC, SUFFOLK ACQUISITION, LLC, AND PEPPER PIKE ACQUISITION ASSOCIATES, LLC ANSWER OR OTHER RESPONSIVE PLEADING TO BE FILED ON OR BEFORE 03/28/2023. NOTICE ISSUED

REPLY TO COUNTERCLAIM FILED P1 FRANK J GORI, ATTORNEY STEPHEN S ZASHIN 0064557 PLAINTIFF'S REPLY TO PPCP DEFENDANTS' AMENDED COUNTERCLAIM

MOTION FILED FOR D4 PEPPER PIKE ACQUISITIONS, LLC VINCENT A STAFFORD 0059846 FAMILY DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF

INSTRUCTION FOR SERVICE OF SECOND AMENDED COMPLAINT BY FEDEX ON D36 THE SUFFOLK FAMILY TRUST C/O JODY R. KIEBLER, BENFICIARY FILED. FEDEX TREACKING NUMBER PROVIDED: 7738 7811 9704

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT 11/13/2023 - GRANTED

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT 11/13/2023 - GRANTED

PROMOTE DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. THE COURT HAS CONSIDERED DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS FILED 04/14/2023, PLAINTIFF'S BRIEF IN OPPPOSITION FILED 05/12/2023 AND DEFENDANT NOTTINGHAM'S REPLY BRIEF FILED 05/16/2023. THE STANDARD APPLIED UNDER CIV.R. 12(C) MOTION FOR JUDGMENT ON THE PLEADINGS REQUIRES A DETERMINATION THAT NO MATERIAL FACTUAL ISSUES EXIST AND THAT THE MOVANT IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. STATE EX REL. MIDWEST PRIDE IV, INC. V. PONTIOUS, 75 OHIO ST.3D 565, 1996 OHIO 459, 664 N.E.2D 931 (1996). PURSUANT TO CIV.R. 12(C), DISMISSAL IS APPROPRIATE WHERE A COURT (1) CONSTRUES THE MATERIAL ALLEGATIONS IN THE COMPLAINT, WITH ALL REASONABLE INFERENCES TO BE DRAWN THEREFROM, IN FAVOR OF THE NONMOVING PARTY AS TRUE, AND (2) FINDS BEYOND DOUBT THAT THE PLAINTIFF COULD PROVE NO SET OF FACTS IN SUPPORT OF HIS CLAIM THAT WOULD ENTITLE HIM TO RELIEF. VINICKY V. PRISTAS, 163 OHIO APP. 3D 508, 2005-OHIO-5196, 839 N.E.2D 88, ¶ 3 (8TH DIST.). HAVING CONSTRUED THE MATERIAL ALLEGATIONS IN THE COMPLAINT, WITH ALL REASONABLE INEFERENCES TO BE DRAWN THEREFROM IN FAVOR OF THE NONMOVING PARTY AS TRUE, THE COURT FINDS THAT MATERIAL FACTUAL ISSUES EXIST AND THAT THE MOVANT DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S IS NOT ENTITLED TO JUDGMENT AS A MATTER OF LAW UNDER CIV. R. 12(C). NOTICE ISSUED

MOTION FOR EXTENSION OF TIME DEFENDANTS MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANT'S MOTION FOR EXTENSION OF TIME TO REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SANCTIONS

MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S MOTION FOR LEAVE TO FILE EXH F UNDER SEAL

MOTION FOR TEMPORARY RESTRAINING ORDER...DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) and PEPPER PIKE STAFFING, LLC(D7). MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

MOTION FILED FOR DEFENDANT(S) PAUL E. KIEBLER(D1), PEPPER PIKE CAPITAL PARTNERS,LLC(D2), PEPPER PIKE ACQUISITIONS, LLC(D4) and PEPPER PIKE STAFFING, LLC(D7) JOSEPH S SIMMS 0066584 DEFENDANTS WITHDRAWAL OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

MOTION TO DISMISS FILED DEFENDANTS EMERGENCY PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE WITH REQUEST FOR EXPEDITED BRIEFING

MOTION FOR EXTENSION OF TIME PROMOTE DEFENDANTS' UNOPPOSED MOTION FOR 45 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE, OR OTHERWISE RESPOND TO COMPLAINT

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANTS' UNOPPOSED MOTION FOR ADDITIONAL 15 DAY EXTENSION FOR LEAVE TO PLEAD, MOVE OR OTHERWISE RESPOND TO COMPLAINT

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT

MOTION TO DISMISS FILED DEFENDANT DOE LLC ENTITIES MOTION TO DISMISS

MOTION FILED FOR DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 PROMOTE DEFENDANTS' JURY DEMAND

D23 NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS. PHILLIP A CIANO 0066134 PROMOTE DEFENDANT NOTTINGHAM FOUNDATION PROMOTE, LLC'S MOTION FOR JUDGMENT ON THE PLEADINGS

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION TO APPROVE STIPULATED PROTECTIVE ORDER

MOTION FILED FOR D1 PAUL E. KIEBLER ANDREW J DORMAN 0063410 DEFENDANT PAUL E KIEBLER'S MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO CF BANK

MOTION FILED FOR P1 FRANK J GORI STEPHEN S ZASHIN 0064557 PLAINTIFF'S UNOPPOSED MOTION FOR 10-DAY EXTENSION OF TIME TO FILE BRIEF IN OPPOSITION TO DEFENDANT KIEBLER'S MOTION TO QUASH SUBPOENA TO C.F. BANK

MOTION FILED FOR D1 PAUL E. KIEBLER ANDREW J DORMAN 0063410 DEFENDANT PAUL KIEBLER'S REPLY IN SUPPORT OF MOTION TO QUASH PLAINTIFF'S SUBPOENA ISSUED TO CF BANK

MOTION FILED FOR DEFENDANT(S) PAUL E. KIEBLER(D1) and PEPPER PIKE CAPITAL PARTNERS,LLC(D2) ANDREW J DORMAN 0063410 DEFENDANTS MOTION TO QUASH PLAINTIFFS SUBPOENA ISSUED TO STEVE POGOZELSKI

MOTION FOR EXTENSION OF TIME FAMILY DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT

MOTION FILED FOR DEFENDANT(S) PEPPER RIVERBEND PROMOTE, LLC(D12), PEPPER WARREN HARBOR PROMOTE,LLC(D13), CAMELOT EAST HOLDINGS, LLC(D14), FARMINGTON PROMOTE, LLC(D15), HINES PARK PROMOTE, LLC(D16), PLYMOUTH PROMOTE, LLC(D17), RIVERBEND PROMOTE INVESTORS, LLC(D18), RIVERBEND PROMOTE, LLC(D19), SOUTHGATE GREEN PROMOTE, LLC(D20), TOWN AND COUNTRY PROMOTE, LLC(D21), WARREN HARBOR PROMOTE, LLC(D22), NOTTINGHAM FOUNDATION PROMOTE, LLC(D23), FOUNTAIN PARC PROMOTE, LLC(D24), MOUNT PROSPECT GREENS OWNER, LLC(D25) and 9 ON CANAL PROMOTE LLC(D27) PHILLIP A CIANO 0066134 JOINT MOTION FOR EXTENSION OF PLEADING-MOTION DEADLINES