Preview
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
BRIEF IN OPPOSITION
October 18,2023 07:54
Confirmation Nbr. 2993320
MITCHELL FAMILY TRUST FUND ET AE. CV 22 961536
vs.
Judge: CASSANDRA COLLIER-WILLIAMS
BRIAN COEE ETAE.
Pages Filed: 18
Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ
IN THE COURT OF COMMON PLEAS
CIVIL DIVISION
CUYAHOGA COUNTY, OHIO
MITCHELL FAMILY TRUST FUND, et al., Third-Party Defendants.
Plaintiffs/Counterclaim Defendants,
v.
BRIAN COLE, et al.,
Defendants/Counterclaim Plaintiffs
TUROCZY BONDING COMPANY,
Third-Party Plaintiff, Case No. CV-22-961536
v. JUDGE COLLIER-WILLIAMS
DONNELL MITCHELL, et al.,
OPPOSITION REPLY TO FOURTH PARTY DEFENDANT THOMAS PARKER'S MOTION FOR LEAVE
TO RESPOND TO DISCOVERY REQUESTS
Now comes Fourth party Plaintiff Mitchell to again dispute the deceptive filings by Attorney Amend.
Fourth party Plaintiff Mitchell propounded discovery on October 9th 2023 which included Interrogatories
, Request for production and Admissions. (the"requests").
For Cause the statement claiming that Thomas Parker filed a " MOTION TO DISMISS FOURTH
PARTY COMPLAINT" on October 9th 2023 (the same day the Requests were served) is clearly deceptive.
No such filing exists in the record and Attorney Amend continues to fabricate material facts to this
Honorable court in violation of Attorney Rule 3.3. As such, Parker should be required to respond to the
Requests as the court told all parties at the August 30th 2023 court hearing no delays will be GRANTED.
Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ
The propounded discovery requests on October 9th 2023 of Thomas Parker CEO of Turoczy 3 and
co-owner of Turoczy 2 and Universal Fire & Casualty will only support Attorney Amend's original Third
party complaint filing. It is becoming more evident Attorney Amend knows his Third party complaint was
“not well thought out” which he filed with this court on January 23rd 2023. The filing will be proven to
be nothing more than a fabricated filing and a failed attempt at intimidation that violates Atty Rule 3.3.
Fourth party Defendant Thomas Parker is a necessary party in this action and should be ordered to
answer discovery by November 6th 2023. The answering of discovery by Fourth party Defendant Parker
would only enforce Attorney Amend's January 23rd 2023 complaint was justified and filed in good faith.
For these reasons and the attached proof Attorney Amend fabricated statement that Fourth
party Defendant filed a “MOTION TO DISMISS” on October 9th 2023 when NO RECORD of the filing
exists should be enough to DENY the motion. Attorney Amend continues to knowingly violate Atty Rule.
3.3 using by using a series of stall tactics and unnecessary filings to delay this action moving forward.
Attorney Amend has still not completedThird party Defendant Mitchell's discovery requests propounded
in this case on July 28th 2023 nor Spring Break, LLC's discovery propounded on January 18th 2023.
Respectfully submitted,
DonnellMitchell/s
Donnell Mitchell Pro se
669 Carnegie Avenue
Akron Ohio 44314
Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ
CERTIFICATE OF SERVICE
A copy of the foregoing copy of the OPPOSITION REPLY TO FOURTH PARTY DEFENDANT THOMAS
PARKER'S MOTION FOR LEAVE TO RESPOND TO DISCOVERY REQUESTS by Fourth party Plaintiff
Mitchell filed and served via the clerk’s electronic filing system to all parties on October 18th
2023.
Respectfully submitted,
DonnellMitchell/s
Donnell Mitchell Pro se
669 Carnegie Avenue
Akron Ohio 44314
Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ
skip to main content
Print
CASE INFORMATION
CV-22-961536 MITCHELL FAMILY TRUST FUND ET AL. vs. BRIAN COLE ET AL.
Docket Information
Docket Docket View
Filing Date Docket Description
Party Type Image
10/17/2023 TD1 MO MOTION FILED FOR TD1 THOMAS PARKER GREGORY P AMEND 0081247 FOURTH
PARTY DEFENDANT THOMAS PARKER'S MOTION FOR LEAVE TO RESPOND TO H]
DISCOVERY REQUESTS
10/17/2023 TD1 MO MOTION TO DISMISS FILED THOMAS PARKER'S MOTION TO DISMISS AMENDED
FOURTH-PARTY COMPLAINT PURSUANT TO CIV.R. 12(B)(6) 1=1
10/12/2023 N/A SR CERTIFIED MAIL RECEIPT NO. 51872319 RETURNED 10/7/2023 FAILURE OF
SERVICE ON DEFENDANT TUROCZY/JOHN/A. - UNCLAIMED NOTICE MAILED TO
PLAINTIFF(S) ATTORNEY
10/10/2023 TD1 SR CERTIFIED MAIL RECEIPT NO. 51366258 RETURNED 08/16/2023 FAILURE OF
SERVICE ON DEFENDANT PARKER/THOMAS/ - NOT DELIVRBL AS ADDR NOTICE
MAILED TO DEFENDANT(S) ATTORNEY
10/09/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 FOURTH
PARTY PLAINTIFF MITCHELL'S FIRST REQUEST FOR ADMISSIONS, |B|
INTERROGATORIES AND PRODUCTION OF DOCUMENTS ON THOMAS PARKER
10/02/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO
COMPEL 2ND REQUEST FOR NEW DISCOVERY RESPONSES SERVED ON |j]
AUGUST 29TH 2023
09/28/2023 TD2 SR CERTIFIED MAIL RECEIPT NO. 51366259 RETURNED 08/30/2023 FAILURE OF
SERVICE ON DEFENDANT JOHNSON/PENNIE/SUSAN - NOT DELIVRBL AS ADDR
NOTICE MAILED TO DEFENDANT(S) ATTORNEY
09/27/2023 D6 BR BRIEF IN OPPOSITION FILED BY D6 DONNELL MITCHELL PRO SE 9999999
OPPOSITION BRIEF TO TUROCZY BONDING COMPANY MOTION TO DISMISS |j]
DONNELL MITCHELL'S AMENDED COUNTERCLAIM PURSUANT TO CIV. R. 12(B)(6)
09/27/2023 D6 BR BRIEF IN OPPOSITION FILED BY D6 DONNELL MITCHELL PRO SE 9999999
OPPOSITION BRIEF TO FOURTH PARTY JOHNSON MOTION TO DISMISS DONNELL H
MITCHELL'S AMENDED COMPLAINT PURSUANT TO CIV. R. 12(B)(6)
09/27/2023 N/A SR USPS RECEIPT NO. 51872320 DELIVERED BY USPS 09/22/2023 PARKER/THOMAS/
PROCESSED BY COC 09/27/2023.
09/25/2023 TD2 MO MOTION TO DISMISS FILED PENNIE JOHNSON'S MOTION TO DISMISS AMENDED
FOURTH-PARTY COMPLAINT PURSUANT TO CIV.R. 12(B)(6) 1=1
09/25/2023 D2 MO MOTION TO DISMISS FILED TUROCZY BONDING COMPANY'S MOTION TO
DISMISS DONNELL MITCHELL'S AMENDED COUNTERCLAIM PURSUANT TO |B|
CIV.R.12(B)(6)
09/21/2023 D6 BR REPLY BRIEF FILED BY D6 DONNELL MITCHELL PRO SE 9999999 REPLY TO
TUROCZY BONDING COMPANY'S OPPOSITION TO THIRD-PARTY DEFENDANT
DONNELL MITCHELL'S MOTION TO REQUEST THIRD PARTY PLAINTIFF PROVIDE 1=1
PROOF OF CONSENT AS REQUIRED BY LAW RC 1329.55(D).
09/20/2023 D2 BR BRIEF IN OPPOSITION FILED BY D2 TUROCZY BONDING COMPANY GREGORY P
AMEND 0081247 TUROCZY BONDING COMPANY'S OPPOSITION TO THIRD-PARTY B
DEFENDANT DONNELL MITCHELL'S MOTION TO REQUEST THIRD PARTY U
PLAINTIFF PROVIDE PROOF OF CONSENT AS REQUIRED BY LAW RC 1329.55(D)
09/20/2023 N/A SR USPS RECEIPT NO. 51839112 DELIVERED BY USPS 09/16/2023
JOHNSON/PENNIE/SUSAN PROCESSED BY COC 09/20/2023.
09/20/2023 N/A SR USPS RECEIPT NO. 51839111 DELIVERED BY USPS 09/16/2023 TUROCZY
BONDING COMPANY PROCESSED BY COC 09/20/2023.
09/E972t523caTDFiled g0R18/20SUMS5A/MENDEDCCOM96NT(^1C7fmaf'SEWBYCE^/iCED-MiAIL. TO: THOMAS Hl
PARKER C/O CITY BONDING COMPANY - MICHIGAN 2121 AIRPORT ROAD
WATERFORD, MI 48327-0000
09/19/2023 TD5 SR SUMS AMENDED COMPLNT(51872319) SENT BY CERTIFIED MAIL. TO: JOHN A.
TUROCZY 14480 BENNINGTON AVENUE STRONGSVILLE, OH 44136-0000
09/19/2023 N/A SR CERTIFIED MAIL RECEIPT NO. 51839109 RETURNED 9/18/2023 FAILURE OF
SERVICE ON DEFENDANT TUROCZY/JOHN/A. - REFUSED NOTICE MAILED TO
DEFENDANT(S) ATTORNEY
09/18/2023 TD1 CS WRIT FEE
09/18/2023 N/A SR SUMMONS E-FILE COPY COST
09/18/2023 N/A SR SUMMONS E-FILE COPY COST
09/18/2023 TD5 CS WRIT FEE
09/15/2023 D1 SR REQUEST FOR SERVICE FILED JOHN A. TUROCZY POWER OF ATTORNEY
PENNIE SUSAN JOHNSON 14480 BENNINGTON DRIVE STRONGSVILLE OHIO
44136
09/14/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON THOMAS PARKER
DBA CITY BONDING COMPANY MICHIGAN
09/14/2023 TD2 SR SUMS 3RD PTY COMPLNT(51839112) SENT BY CERTIFIED MAIL. TO: PENNIE
SUSAN JOHNSON C/O GREGORY P AMEND 1375 E. NINTH STREET, SUITE 2200
CLEVELAND, OH 44114-0000
09/14/2023 D2 SR SUMS CROSS-COMPLNT(51839111) SENT BY CERTIFIED MAIL. TO: TUROCZY
BONDING COMPANY C/O GREGORY P AMEND 1375 EAST NINTH STREET, SUITE
2200 CLEVELAND, OH 44114-0000
09/14/2023 TD3 SR SUMS 3RD PTY COMPLNT(51839110) SENT BY CERTIFIED MAIL. TO: THOMAS
PARKER CORPORATION SERVICE COMPANY 3366 RIVERSIDE DR STE 103
COLUMBUS, OH 43221-0000
09/14/2023 TD5 SR SUMS 3RD PTY COMPLNT(51839109) SENT BY CERTIFIED MAIL. TO: JOHN A.
TUROCZY 1200 WEST 3RD STREET, SUITE 190 CLEVELAND, OH 44113-0000
09/13/2023 N/A SR SUMMONS E-FILE COPY COST
09/13/2023 N/A SR SUMMONS E-FILE COPY COST
09/13/2023 N/A SR SUMMONS E-FILE COPY COST
09/13/2023 N/A SR SUMMONS E-FILE COPY COST
09/13/2023 TD2 CS WRIT FEE
09/13/2023 D2 CS WRIT FEE
09/13/2023 TD3 CS WRIT FEE
09/13/2023 TD5 CS WRIT FEE
09/12/2023 D1 SR REQUEST FOR SERVICE FILED GREGORY P. AMEND FOR PENNIE SUSAN
JOHNSON 1375 E. NINTH #2200 CLEVELAND OHIO 44114
09/12/2023 D1 SR REQUEST FOR SERVICE FILED GREGORY P. AMEND FOR TUROCZY BONDING
COMPANY 1375 E. NINTH #2200 CLEVELAND OHIO 44114
09/12/2023 D1 SR REQUEST FOR SERVICE FILED JOHN A. TUROCZY 1200 WEST 3RD SUITE 190
CLEVELAND OHIO 44113
09/12/2023 D1 SR REQUEST FOR SERVICE FILED FOURTH PARTY DEFENDANT THOMAS PARKER
3366 RIVERSIDE DR. #103 COLUMBUS, OHIO 43221
09/11/2023 D6 BR REPLY BRIEF FILED BY D6 DONNELL MITCHELL PRO SE 9999999 REPLY BRIEF IN
OPPOSITION TO TUROCZY BONDING COMPANY'S BRIEF IN OPPOSITION TO
DONNELL MITCHELL'S MOTION TO COMPEL FOR PROPER DISCOVERY
RESPONSES AND PRODUCTION
09/11/2023 D6 OT GENERAL PLEADING FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE
9999999 REPLY TO FOURTH PARTY DEFENDANT PENNIE JOHNSON MOTION FOR
LEAVE TO RESPOND TO DISCOVERY REQUESTS
09/11/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO
REQUEST THIRD PARTY PLAINTIFF PROVIDE PROOF OF CONSENT OF RECORD
UNDER RC 1329.55(D)
09/11/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE
09/11/2023 D1 CO AMENDED COMPLAINT $75 AMENDED FOURTH PARTY PLAINTIFF COMPLAINT
09/11/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE
09/11/2023 D1 AN ANSWER AND COUNTERCLAIM $75 AMENDED THIRD PARTY DEFENDANT
ANSWER AND COUNTERCLAIM
09/11/2023 TD2 MO MOTION FILED FOR TD2 PENNIE SUSAN JOHNSON GREGORY P AMEND 0081247
Electronically Filed 1Q/18/2QFOURTH PRRTY DEFEISDAiBEr/ICENM»EatiOHItR(2EISB3MOTOEILJFOR LEAVE TO
RESPOND TO DISCOVERY REQUESTS
09/11/2023 D2 BR BRIEF IN OPPOSITION FILED BY D2 TUROCZY BONDING COMPANY GREGORY P
AMEND 0081247 TUROCZY BONDING COMPANY'S BRIEF IN OPPOSITION TO
DONNELL MITCHELL'S MOTION TO COMPEL FOR PROPER DISCOVERY
RESPONSES AND PRODUCTION
09/07/2023 D6 MO MOTION FOR LEAVE TO FILE ANSWER INSTANTER MOTION FOR LEAVE TO
AMEND THIRD PARTY DEFENDANT ANSWER AND COUNTERCLAIM, BY
INTERLINEATION AND INSTANTER
09/05/2023 N/A JE STATUS CONFERENCE HELD ON 08/30/2023. PLAINTIFFS APPEARED THROUGH
COUNSEL. DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN
COLE APPEARED THROUGH COUNSEL. THIRD PARTY DEFENDANT DONNELL
MITCHELL APPEARED PRO SE. FOURTH PARTY DEFENDANT PENNIE JOHNSON
APPEARED WITH COUNSEL. FOURTH PARTY DEFENDANT THOMAS PARKER HAS
NOT BEEN SERVED YET AND FAILED TO APPEAR. THIRD PARTY DEFENDANT
TUROCZY BAIL BONDS INC. HAS NOT BEEN SERVED YET AND FAILED TO
APPEAR. THIRD PARTY DEFENDANT CITY BONDING, LLC APPEARED THROUGH
COUNSEL. THE COURT SET THE FOLLOWING CASE SCHEDULE: THIRD PARTY
DEFENDANT DONNELL MITCHELL SHALL HAVE UNTIL 09/13/2023 TO AMEND HIS
FOURTH PARTY COMPLAINT. CAPTIONED CASE IS HEREBY REFERRED TO
MEDIATION WITH THE COURT MEDIATOR. CASE TO BE MEDIATED WITHIN 75
DAYS OF REFERRAL. DISCOVERY CUT-OFF IS 12/29/2023. AFFIRMATIVE EXPERT
REPORT DUE 01/26/2024. RESPONSIVE EXPERT REPORT DUE 03/15/2024.
DISPOSITIVE MOTION TO BE FILED BY 04/12/2024. RESPONSE DUE 30 DAYS
AFTER SERVICE OF THE MOTION. REPLY BRIEF DUE 10 DAYS AFTER SERVICE
OF RESPONSE. COPIES OF ALL DISPOSITIVE MOTIONS AND BRIEFS ARE TO BE
PROVIDED TO THE COURT UPON FILING. FINAL PRETRIAL SET FOR 07/01/2024 AT
02:00 PM. COURTROOM 23-A. ALL PARTIES INCLUDING THOSE WITH
SETTLEMENT AUTHORITY MUST BE PRESENT. TRIAL BY JURY SET FOR
08/05/2024 AT 09:00 AM. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT
IN THE FUTURE MAY RESULT IN DISMISSAL OF THE PLAINTIFF'S CLAIMS FOR
WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO
ORDERED. NOTICE ISSUED
08/31/2023 N/A CS COURT REPORTER FEE
08/31/2023 N/A SR CERTIFIED MAIL RECEIPT NO. 51366259 RETURNED 8/30/2023 FAILURE OF
SERVICE ON DEFENDANT JOHNSON/PENNIE/SUSAN - UNCLAIMED NOTICE
MAILED TO DEFENDANT(S) ATTORNEY
08/30/2023 N/A SR USPS RECEIPT NO. 51447668 DELIVERED BY USPS 08/25/2023 TUROCZY
BONDING COMPANY PROCESSED BY COC 08/30/2023.
08/29/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 NOTICE
OF SERVICE OF DEFENDANT MITCHELL'S SECOND REQUEST FOR ADMISSIONS
INTERROGATORIES AND PRODUCTION OF DOCUMENTS
08/29/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 NOTICE
OF SERVICE ON FOURTH PARTY BY CROSSCLAIM PLAINTIFF FOR FIRST
REQUEST FOR ADMISSIONS, INTERROGATORIES AND PRODUCTION OF
DOCUMENTS PENNIE SUSAN JOHNSON
08/29/2023 D1 SF DEPOSIT AMOUNT PAID GREGORY P AMEND
08/29/2023 D1 AF AFFIDAVIT SERVICE BY PUBLICATION, CIVIL $150 AFFIDAVIT FOR SERVICE BY
PUBLICATION
08/29/2023 D2 MO MOTION TO DISMISS FILED TUROCZY BONDING COMPANY'S MOTION TO
DISMISS DONNELL MITCHELL'S COUNTERCLAIM PURSUANT TO CIV.R.12(B)(6)
08/29/2023 TD2 MO MOTION TO DISMISS FILED PENNIE JOHNSON'S MOTION TO DISMISS FOURTH
PARTY COMPLAINT PURSUANT TO CIV.R. 12(B)(6)
08/25/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO
COMPEL FOR PROPER DISCOVERY RESPONSES AND PRODUCTION OF
DOCUMENTS
08/23/2023 D2 SR SUMS CROSS-COMPLNT(51447668) SENT BY CERTIFIED MAIL. TO: TUROCZY
BONDING COMPANY C/O GREGORY P AMEND 1375 EAST 9TH ST STE 2200
CLEVELAND, OH 44114-0000
08/22/2023 N/A SR SUMMONS E-FILE COPY COST
08/22/2023 D2 CS WRIT FEE
08/19/2023 D1 SR REQUEST FOR SERVICE FILED ANSWER AND COUNTERCLAIM AGAINST THIRD
08/19/2023 N/A SR
R Y F L INT:IF
PCERTIFIED
Electronically Filed 10/18/20 A 7[: 4 / A C\722OCZY> BOOOMGiCOMPANY3320 / CLDLJ
MAIL RECEIPT NO. 51386191 RETURNED 8/18/2023 FAILURE OF
SERVICE ON DEFENDANT TUROCZY BONDING COMPANY - REFUSED NOTICE
MAILED TO DEFENDANT(S) ATTORNEY
08/16/2023 D2 SR SUMS CROSS-COMPLNT(51386191) SENT BY CERTIFIED MAIL. TO: TUROCZY
BONDING COMPANY C/O BRIAN COLE DBA TUROCZY 5 1200 WEST 3RD STREET,
STE 190 CLEVELAND, OH 44113-0000
08/15/2023 D2 CS WRIT FEE
08/15/2023 N/A SR SUMMONS E-FILE COPY COST
08/14/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON THIRD PARTY
PLAINTIFF TUROCZY BONDING COMPANY
08/14/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE
08/14/2023 D1 AN ANSWER AND COUNTERCLAIM $75 ANSWER AND COUNTERCLAIM AGAINST
THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY
08/14/2023 TD2 SR SUMS 3RD PTY COMPLNT(51366259) SENT BY CERTIFIED MAIL. TO: PENNIE
SUSAN JOHNSON 14480 BENNINGTON DRIVE STRONGSVILLE, OH 44136-0000
08/14/2023 TD1 SR SUMS 3RD PTY COMPLNT(51366258) SENT BY CERTIFIED MAIL. TO: THOMAS
PARKER C/O TUROCZY BONDING COMPANY 1200 WEST 3RD STREET, SUITE 190
CLEVELAND, OH 44113-0000
08/11/2023 N/A SR SUMMONS E-FILE COPY COST
08/11/2023 N/A SR SUMMONS E-FILE COPY COST
08/11/2023 TD2 CS WRIT FEE
08/11/2023 TD1 CS WRIT FEE
08/11/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON CROSS CLAIM
DEFENDANT PENNIE SUSAN JOHNSON
08/11/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON CROSS CLAIM
DEFENDANT THOMAS PARKER
08/11/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE
08/11/2023 D6 CO 3RD PARTY COMPLAINT AGAINST THOMAS PARKER AND TUROCZY 3 ....PRO SE
(9999999) $75 THIRD PARTY CROSS COMPLAINT ON THOMAS PARKER AND
TUROCZY 3
08/10/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 NOTICE
OF SERVICE OF DEFENDANT MITCHELL'S FIRST REQUEST FOR ADMISSIONS,
INTERROGATORIES AND PRODUCTION OF DOCUMENTS
08/10/2023 N/A JE DONNELL MITCHELL'S MOTION FOR LEAVE OUT OF TIME, TO DISMISS FOR LACK
OF VENUE, AND TO DISMISS FOR KNOWINGLY FILING FALSE STATEMENTS,
FILED 05/23/2023, IS GRANTED AND DENIED IN PART. AS TO THE MOTION TO
DISMISS FOR LACK OF VENUE, THE MOTION IS DENIED. AS TO THE MOTION TO
DISMISS FOR KNOWINGLY FILING FALSE STATEMENTS, THE MOTION IS DENIED.
AS TO THE MOTION FOR TIME TO FILE A RESPONSIVE PLEADING, THE MOTION
IS GRANTED. DONNELL MITCHELL SHALL HAVE UNTIL 08/24/2023 TO FILE A
RESPONSIVE PLEADING TO THE THIRD PARTY COMPLAINT. SO ORDERED.
NOTICE ISSUED
08/10/2023 N/A JE DONNELL MITCHELL'S MOTION TO REQUEST THIRD PARTY PLAINTIFF'S FILE
INITIAL DISCLOSURES AS REQUIRED BY OHIO CIV. RULE 26(B)(3), FILED
05/11/2023, IS DENIED. SO ORDERED. NOTICE ISSUED
08/10/2023 N/A JE DONNELL MITCHELL'S MOTION TO CORRECT THE RECORD FOR FALSE
STATEMENTS BY ATTY AMEND, FILED 07/29/2023, IS DENIED. DONNELL
MITCHELL'S OPPOSITION MOTION TO TUROCZY BONDING COMPANY MOTION TO
STRIKE, FILED 08/07/2023, IS DENIED. TUROCZY BONDING COMPANY'S MOTION
TO STRIKE AND RESPONSE TO THIRD PARTY DEFENDANT DONNELL MITCHELL'S
MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS BY ATTY AMEND
AND MOTION TO STRIKE, FILED 08/04/2023, IS DENIED. SO ORDERED. NOTICE
ISSUED
08/10/2023 P AN ANSWER FILED BY PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING
BREAK LLC(P2) ATTORNEY DEXTER W CLARK 0006401 ANSWER OF PLAINTIFFS
TO THIRD-PARTY COMPLAINT AGAINST CITY BONDING LLC
08/08/2023 N/A JE TUROCZY BONDING COMPANY'S MOTION TO SERVE THIRD-PARTY DEFENDANT
TUROCZY BAIL BONDS, INC. BY PUBLICATION UNDER CIV.R. 4.4(A)(1), FILED
08/01/2023, IS GRANTED. TUROCZY BONDING COMPANY'S MOTION TO SERVE
THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY REGULAR MAIL
UNDER CIV.R. 4.6(B), FILED 07/20/2023, IS DENIED. SO ORDERED. NOTICE
ISSUED
08/07/2WaDfcFiled MO8/2O230TiONN BRED FOV2D 6D1O3NNELrMmCfttNLrpRO3SE999Db9 opposition
MOTION TUROCZY BONDING COMPANY MOTION TO STRIKE 08/10/2023 - DENIED
08/04/2023 D2 MO MOTION FILED FOR D2 TUROCZY BONDING COMPANY GREGORY P AMEND
0081247 TUROCZY BONDING COMPANY'S MOTION TO STRIKE AND RESPONSE
TO THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION TO CORRECT THE
RECORD FOR FALSE STATEMENTS BY ATTY AMEND AND MOTION TO STRIKE
08/10/2023 - DENIED
08/01/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING
COMPANY(D2) GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S
MOTION TO SERVE THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY
PUBLICATION UNDER CIV.R. 4.4(A)(1) 08/08/2023 - GRANTED
07/31/2023 D8 SR REGULAR MAIL SERVICE RECEIPT NO. 51110127 RETURNED 07/31/2023 FAILURE
OF SERVICE ON DEFENDANT CITY BONDING,LLC NOT DELIVRBL AS ADDR
NOTICE MAILED TO PLTFS ATTORNEY. $0.00
07/31/2023 D7 SR REGULAR MAIL SERVICE RECEIPT NO. 51110126 RETURNED 07/31/2023 FAILURE
OF SERVICE ON DEFENDANT TUROCZY BAIL BONDS INC., NOT DELIVRBL AS
ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
07/29/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO
CORRECT THE RECORD FOR FALSE STATEMENTS BY ATTY AMEND 08/10/2023 -
DENIED
07/27/2023 N/A JE STATUS CONFERENCE HELD ON 07/27/2023. PLAINTIFFS APPEARED THROUGH
COUNSEL. DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN
COLE APPEARED THROUGH COUNSEL. THIRD PARTY DEFENDANT DONNELL
MITCHELL APPEARED PRO SE. THIRD PARTY DEFENDANTS TUROCZY BAIL
BONDS INC. AND CITY BONDING, LLC FAILED TO APPEAR. TUROCZY BONDING
COMPANY'S MOTION TO DEEM THIRD-PARTY DEFENDANT CITY BONDING, LLC
SERVED UNDER R.C. CHAPTER 1706, FILED 07/20/2023, IS GRANTED. THE OHIO
SECRETARY OF STATE CONFIRMED THAT THE SUMMONS AND COMPLAINT WAS
SENT TO CITY BONDING, LLC ON 05/16/2023. ACCORDINGLY, SERVICE WAS
COMPLETE ON THIRD-PARTY DEFENDANT CITY BONDING, LLC ON 05/16/2023.
CITY BONDING SHALL HAVE UNTIL 08/10/2023 TO MOVE, PLEAD, OR OTHERWISE
RESPOND TO THE THIRD-PARTY COMPLAINT. THE COURT SET THE FOLLOWING
SCHEDULE: STATUS CONFERENCE SET FOR 08/30/2023 AT 02:00 PM.
COURTROOM 23-A. ALL PARTIES INCLUDING THOSE WITH SETTLEMENT
AUTHORITY MUST BE PRESENT. FAILURE TO APPEAR AT ANY COURT
SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S
CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST
DEFENDANT. SO ORDERED. NOTICE ISSUED
07/21/2023 N/A JE THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION TO STRIKE UNDER
OHIO CIVIL RULE 12(F) AND MOTION TO CORRECT THE RECORD FOR FALSE
STATEMENTS IN DEMCAS LLC'S SUMMARY JUDGMENT, FILED 05/30/2023, IS
DENIED. SO ORDERED. NOTICE ISSUED
07/21/2023 N/A JE DEMCAS LLC'S MOTION TO STRIKE, FILED 05/26/2023, IS GRANTED IN PART. THE
CLERK OF COURTS IS HEREBY ORDERED TO STRIKE PAGES 2-4 OF DONNELL
MITCHELL'S OPPOSITION MOTION FOR SUMMARY JUDGMENT REGARDING
FABRICATIONS ON DONNELL MITCHELL ONLY, FILED ON 05/06/2023. SO
ORDERED. NOTICE ISSUED
07/20/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING
COMPANY(D2) GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S
MOTION TO SERVE THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY
REGULAR MAIL UNDER CIV.R. 4.6(B) 08/08/2023 - DENIED
07/20/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING
COMPANY(D2) GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S
MOTION TO DEEM THIRD-PARTY DEFENDANT CITY BONDING, LLC SERVED
UNDER R.C. CHAPTER 1706 07/27/2023 - GRANTED
07/20/2023 D NT NOTICE FILED BY DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING
COMPANY(D2) ATTORNEY GREGORY P AMEND 0081247 TUROCZY BONDING
COMPANY NOTICE OF STATUS OF SERVICE OF PROCESS UPON THIRD-PARTY
DEFENDANTS
07/18/2023 D8 SR JUDGMENT ENTRY(51110127) SENT BY REGULAR MAIL SERVICE. TO: CITY
BONDING,LLC C/O CITY BONDING INC, STAT AGENT P.O.BOX 3114 LORAIN, OH
45202-0000
07/18/2023 D7 SR JUDGMENT ENTRY(51110126) SENT BY REGULAR MAIL SERVICE. TO: TUROCZY
Electronically Filed 10/18/20BA071BO INERJEN CCOO TY5OR M0TCHaUtnSNWTEJ993R0 AGBDLT P.O. BOX 3114
LORAIN, OH 45202-0000
07/14/2023 D1 SR JUDGMENT ENTRY(51110125) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS
MHDOCKET@MCDONALDHOPKINS.COM
07/14/2023 D1 SR JUDGMENT ENTRY(51110124) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS
DSINTSIRMAS@MCDONALDHOPKINS.COM
07/14/2023 D2 SR JUDGMENT ENTRY(51110123) SENT BY EMAIL. TO: MORIAH CHEATHAM-WILLIAMS
MORIAH.CHEATHAMWILLIAMS@LEWISBRISBOIS.COM
07/14/2023 D3 SR JUDGMENT ENTRY(51110122) SENT BY EMAIL. TO: LON'CHERIE' BILLINGSLEY
ATTORNEYLCB@GMAIL.COM
07/14/2023 D3 SR JUDGMENT ENTRY(51110121) SENT BY EMAIL. TO: TYRESHA BROWN-O'NEAL
TYRESHABROWN@HOTMAIL.COM
07/14/2023 D5 SR JUDGMENT ENTRY(51110120) SENT BY EMAIL. TO: GREGORY P AMEND
GREG.AMEND@LEWISBRISBOIS.COM
07/14/2023 D6 SR JUDGMENT ENTRY(51110119) SENT BY EMAIL. TO: DONNELL MITCHELL
MITCHELL961536@GMAIL.COM
07/14/2023 P2 SR JUDGMENT ENTRY(51110118) SENT BY EMAIL. TO: GINO PHILLIP ZAVARELLA
GPZAVARELLA@GMAIL.COM
07/14/2023 P1 SR JUDGMENT ENTRY(51110117) SENT BY EMAIL. TO: DEXTER W CLARK
DEXTERCLARK@DEXTERCLARKLAW.COM
07/14/2023 P1 SR JUDGMENT ENTRY(51110116) SENT BY EMAIL. TO: DEXTER W CLARK
DEXTERCLARK@DEXTERCLARKLAW.COM
07/14/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT, FILED
05/10/2023, IS GRANTED. IT IS AXIOMATIC THAT A MOTION FOR SUMMARY
JUDGMENT MAY ONLY BE GRANTED WHERE THERE EXISTS NO GENUINE ISSUE
AS TO ANY MATERIAL FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT
AS A MATTER OF LAW. CIV. R. 56(C). MOREOVER, SUMMARY JUDGMENT IS
INAPPROPRIATE UNLESS IT APPEARS FROM THE EVIDENCE THAT REASONABLE
MINDS COULD COME TO BUT ONE CONCLUSION AND THAT CONCLUSION IS
ADVERSE TO THE NONMOVING PARTY. CIV. R. 56(C). FURTHERMORE, IN
REVIEWING A MOTION FOR SUMMARY JUDGMENT, THIS COURT MUST
CONSTRUE THE EVIDENCE IN A LIGHT MOST FAVORABLE TO THE PARTY
OPPOSING THE MOTION. TEMPLE V. WEAN UNITED, INC. (1977), 50 OHIO ST. 2D
317. THEREFORE, ABSENT AN AFFIRMATIVE SHOWING BY THE MOVING PARTY
THAT NO GENUINE ISSUES EXIST AS TO ANY MATERIAL FACT, AND THAT SUCH
PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, NO SUMMARY
JUDGMENT MAY BE GRANTED. HARLESS V. WILLIS DAY WAREHOUSING CO.
(1978), 54 OHIO ST. 2D 64, 66. CONSTRUING ALL FACTS IN FAVOR OF PLAINTIFFS
AND FINDING NO GENUINE ISSUE OF MATERIAL FACT REMAINS, THE COURT
HEREBY GRANTS DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY
JUDGMENT IN ITS ENTIRETY. PARTIAL. SO ORDERED. PURSUANT TO CIV.R. 58(B),
THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER
PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE
NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE
COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
06/20/2023 D8 SR REGULAR MAIL SERVICE RECEIPT NO. 50790252 RETURNED 06/20/2023 FAILURE
OF SERVICE ON DEFENDANT CITY BONDING,LLC NOT DELIVRBL AS ADDR
NOTICE MAILED TO PLTFS ATTORNEY. $0.00
06/20/2023 D7 SR REGULAR MAIL SERVICE RECEIPT NO. 50790251 RETURNED 06/20/2023 FAILURE
OF SERVICE ON DEFENDANT TUROCZY BAIL BONDS INC., NOT DELIVRBL AS
ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00
06/12/2023 P BR BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) MITCHELL FAMILY TRUST
FUND(P1) and SPRING BREAK LLC(P2) DEXTER W CLARK 0006401 BRIEF IN
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
06/09/2023 N/A SC TRIAL BY JURY SCHEDULED FOR 07/24/2023 AT 08:30 AM IS CANCELLED.
06/08/2023 D6 BR REPLY BRIEF FILED BY D6 DONNELL MITCHELL PRO SE 9999999 REPLY TO
TUROCZY BONDING COMPANY AND BRIAN COLE'S BRIEF IN OPPOSITION TO
THIRD-PARTY DEFENDANT DONNELL MITCHELL'S MOTION FOR LEAVE TO FILE
OUT OF TIME, TO DISMISS FOR LACK OF VENUE AND TO KNOWINGLY FILING
FALSE STATEMENT
06/08/2023 N/A JE FINAL PRETRIAL HELD ON 06/07/2023. PLAINTIFFS APPEARED THROUGH
COUNSEL. DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN
Electronically Filed 10/18/20 Do D2 ./
ENDANT DONNELL
■'TUROCZY BAIL
BONDS INC. AND CITY BONDING, LLC HAVE NOT BEEN SERVED YET AND FAILED
TO APPEAR. THE COURT INADVERTENTLY GRANTED DEMCAS LLC'S MOTION
FOR SUMMARY JUDGMENT PRIOR TO THE EXPIRATION OF PLAINTIFFS' TIME TO
OPPOSE THE MOTION. THE COURT HEREBY VACATES ITS PRIOR ORDER, DATED
06/06/2023. PLAINTIFFS SHALL HAVE UNTIL 06/12/2023 TO FILE A BRIEF IN
OPPOSITION TO DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT. REPLY
BRIEF DUE 10 DAYS AFTER SERVICE OF RESPONSE. COPIES OF ALL
DISPOSITIVE MOTIONS AND BRIEFS ARE TO BE PROVIDED TO THE COURT UPON
FILING. THE COURT HEREBY SETS THE FOLLOWING AMENDED CASE
SCHEDULE: STATUS CONFERENCE SET FOR 07/27/2023 AT 11:00 AM. ALL
PARTIES ARE TO CALL CONFERENCE CALL NUMBER 978-990-5000 AND ENTER
ACCESS CODE 701774# AT THE SCHEDULED DATE AND TIME. NEW DATES WILL
BE SET DURING THE CONFERENCE. ALL OTHER DATES ARE HEREBY VACATED.
FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY
RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR
JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED
06/07/2023 D8 SR JUDGMENT ENTRY(50790252) SENT BY REGULAR MAIL SERVICE. TO: CITY
BONDING,LLC C/O CITY BONDING INC, STAT AGENT P.O.BOX 3114 LORAIN, OH
45202-0000
06/07/2023 D7 SR JUDGMENT ENTRY(50790251) SENT BY REGULAR MAIL SERVICE. TO: TUROCZY
BAIL BONDS INC., C/O TYLOR MITCHELL STATUTORY AGENT P.O. BOX 3114
LORAIN, OH 45202-0000
06/06/2023 D BR BRIEF IN OPPOSITION FILED BY DEFENDANT(S) BRIAN COLE(D1) and TUROCZY
BONDING COMPANY(D2) GREGORY P AMEND 0081247 DEFENDANTS AND THIRD
PARTY PLAINTIFF TUROCZY BONDING COMPANY AND BRIAN COLE'S BRIEF IN
OPPOSITION TO THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION FOR
LEAVE TO FILE OUT OF TIME, TO DISMISS FOR LACK OF VENUE AND TO
KNOWINGLY FILING FALSE STATEMENTS
06/06/2023 D3 OT GENERAL PLEADING FILED BY D3 DEMCAS LLC ATTORNEY TYRESHA BROWN-
O'NEAL 0084636 DEFENDANT'S FINAL PRE-TRIAL STATEMENT
06/06/2023 D1 SR JUDGMENT ENTRY(50790250) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS
MHDOCKET@MCDONALDHOPKINS.COM
06/06/2023 D1 SR JUDGMENT ENTRY(50790249) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS
DSINTSIRMAS@MCDONALDHOPKINS.COM
06/06/2023 D2 SR JUDGMENT ENTRY(50790248) SENT BY EMAIL. TO: MORIAH CHEATHAM
WILLIAMS MORIAH.CHEATHAMWILLIAMS@LEWISBRISBOIS.COM
06/06/2023 D3 SR JUDGMENT ENTRY(50790247) SENT BY EMAIL. TO: LON'CHERIE' BILLINGSLEY
ATTORNEYLCB@GMAIL.COM
06/06/2023 D3 SR JUDGMENT ENTRY(50790246) SENT BY EMAIL. TO: TYRESHA BROWN-O'NEAL
TYRESHABROWN@HOTMAIL.COM
06/06/2023 D5 SR JUDGMENT ENTRY(50790245) SENT BY EMAIL. TO: GREGORY P AMEND
GREG.AMEND@LEWISBRISBOIS.COM
06/06/2023 D6 SR JUDGMENT ENTRY(50790244) SENT BY EMAIL. TO: DONNELL MITCHELL
MITCHELL961536@GMAIL.COM
06/06/2023 P2 SR JUDGMENT ENTRY(50790243) SENT BY EMAIL. TO: GINO PHILLIP ZAVARELLA
GPZAVARELLA@GMAIL.COM
06/06/2023 P1 SR JUDGMENT ENTRY(50790242) SENT BY EMAIL. TO: DEXTER W CLARK
DEXTERCLARK@DEXTERCLARKLAW.COM
06/06/2023 P1 SR JUDGMENT ENTRY(50790241) SENT BY EMAIL. TO: DEXTER W CLARK
DEXTERCLARK@DEXTERCLARKLAW.COM
06/06/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT, FILED
04/22/2023, IS UNOPPOSED AND GRANTED. IT IS AXIOMATIC THAT A MOTION FOR
SUMMARY JUDGMENT MAY ONLY BE GRANTED WHERE THERE EXISTS NO
GENUINE ISSUE AS TO ANY MATERIAL FACT AND THE MOVING PARTY IS
ENTITLED TO JUDGMENT AS A MATTER OF LAW. CIV. R. 56(C). MOREOVER,
SUMMARY JUDGMENT IS INAPPROPRIATE UNLESS IT APPEARS FROM THE
EVIDENCE THAT REASONABLE MINDS COULD COME TO BUT ONE CONCLUSION
AND THAT CONCLUSION IS ADVERSE TO THE NONMOVING PARTY. CIV. R. 56(C).
FURTHERMORE, IN REVIEWING A MOTION FOR SUMMARY JUDGMENT, THIS
COURT MUST CONSTRUE THE EVIDENCE IN A LIGHT MOST FAVORABLE TO THE
PARTY OPPOSING THE MOTION. TEMPLE V. WEAN UNITED, INC. (1977), 50 OHIO
OWING BY THE moving
Electronically Filed 10/18/20 AtERal fact, and that
SUCH PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, NO SUMMARY
JUDGMENT MAY BE GRANTED. HARLESS V. WILLIS DAY WAREHOUSING CO.
(1978), 54 OHIO ST. 2D 64, 66. CONSTRUING ALL FACTS IN FAVOR OF PLAINTIFFS
AND FINDING NO GENUINE ISSUE OF MATERIAL FACT REMAINS, THE COURT
HEREBY GRANTS DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY
JUDGMENT IN ITS ENTIRETY. PARTIAL. SO ORDERED. PURSUANT TO CIV.R. 58(B),
THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER
PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE
NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE
COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
06/05/2023 D OT GENERAL PLEADING FILED BY DEFENDANT(S) BRIAN COLE(D1) and TUROCZY
BONDING COMPANY(D2) ATTORNEY GREGORY P AMEND 0081247 DEFENDANT
THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY AND DEFENDANT BRIAN
COLE'S PRE-TRIAL STATEMENT
05/31/2023 P BR BRIEF FILED BY PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING
BREAK LLC(P2) DEXTER W CLARK 0006401 PLAINTIFFS' PRETRIAL STATEMENT
05/30/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 NON PARTY
MOTION TO STRIKE UNDER OHIO CIVIL RULE 12(F) AND MOTION TO CORRECT
THE RECORD FOR FALSE STATEMENTS IN DEMCAS LLC SUMMARY JUDGMENT
07/21/2023 - DENIED
05/26/2023 D3 MO MOTION FILED FOR D3 DEMCAS LLC TYRESHA BROWN-O'NEAL 0084636 MOTION
TO STRIKE 07/21/2023 - GRANTED IN PART
05/23/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION FOR
LEAVE OUT OF TIME, TO DISMISS FOR LACK OF VENUE, AND TO DISMISS FOR
KNOWINGLY FILING FALSE STATEMENTS 08/10/2023 - GRANTED AND DENIED IN
PART
05/11/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO
REQUEST THIRD PARTY PLAINTIFF'S FILE INITIAL DISCLOSURES AS REQUIRED
BY OHIO CIV. RULE 26(B)(3) 08/10/2023 - DENIED
05/10/2023 N/A JE THE COURT NOTES THAT THIRD PARTY DEFENDANT DONNELL MITCHELL HAS
FILED VARIOUS MOTIONS WITH THIS COURT. HOWEVER, HE HAS NOT FILED AN
ANSWER TO THE THIRD-PARTY COMPLAINT. DONNELL MITCHELL SHALL HAVE
UNTIL 05/23/2023 TO MOVE, PLEAD, OR OTHERWISE RESPOND TO THE THIRD-
PARTY COMPLAINT. IF HE FAILS TO DO SO, THIRD PARTY PLAINTIFF TUROCZY
BONDING COMPANY SHALL FILE A MOTION FOR DEFAULT JUDGMENT AGAINST
DONNELL MITCHELL BY NO LATER THAN 06/06/2023. FAILURE TO DO SO WILL
RESULT IN DISMISSAL OF DONNELL MITCHELL WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE. SO ORDERED. NOTICE ISSUED
05/10/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION FOR LEAVE TO ACCEPT SUMMARY
JUDGMENT FILING, FILED 04/24/2023, IS GRANTED. THE MOTION FOR SUMMARY
JUDGMENT IS DEEMED FILED AS OF THE DATE OF THIS ORDER. SO ORDERED.
NOTICE ISSUED
05/06/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 OPPOSITION
MOTION FOR SUMMARY JUDGMENT REGARDING FABRICATIONS ON DONNELL
MITCHELL ONLY 08/16/2023 - UNKNOWN
05/03/2023 N/A JE DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN COLE'S
MOTION TO SERVICE THIRD PARTY DEFENDANTS VIA REGULAR MAIL SERVICE,
FILED 04/21/2023, IS DENIED. PURSUANT TO CIV. R. 4.6(D), CERTIFIED MAIL MUST
FIRST BE RETURNED UNCLAIMED BEFORE IT CAN BE SERVED BY ORDINARY
MAIL. SO ORDERED. NOTICE ISSUED
04/24/2023 D3 MO MOTION FILED FOR D3 DEMCAS LLC TYRESHA BROWN-O'NEAL 0084636
DEFENDANT'S MOTION FOR LEAVE TO ACCEPT FILING 05/10/2023 - GRANTED
04/22/2023 D3 MO MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT
06/06/2023 - UNOPPOSED AND GRANTED
04/21/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING
COMPANY(D2) GREGORY P AMEND 0081247 DEFENDANTS AND THIRD PARTY
PLAINTIFFS TUROCZY AND BRIAN COLE'S MOTION TO SERVICE THIRD PARTY
DEFENDANTS VIA REGULAR MAIL SERVICE 05/03/2023 - DENIED
04/13/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION TO APPEAR VIA ZOOM OR TO CONTINUE,
FILED 04/03/2023, IS DENIED. SO ORDERED. NOTICE ISSUED
04/13/2023 N/A JE SETTLEMENT CONFERENCE HELD ON 04/12/2023. PLAINTIFFS APPEARED
Electronically Filed 10/18/20
g N
9fflWL?OUNSEL THIRD
!OCZY/BAidlbonds inc., and
CITY BONDING, LLC FAILED TO APPEAR. THIRD PARTY DEFENDANTS TUROCZY
BAIL BONDS, INC. AND CITY BONDING, LLC HAVE NOT BEEN SERVED YET.
PURSUANT TO OHIO CIV. R. 4(E), FAILURE TO SERVE THE THIRD PARTY
DEFENDANT(S) BY 07/23/2023 WILL RESULT IN DISMISSAL OF SAID PARTIES
WITHOUT PREJUDICE FOR WANT OF PROSECUTION. CASE DID NOT SETTLE. ALL
DATES REMAIN THE SAME. SO ORDERED. NOTICE ISSUED
04/13/2023 N/A JE PLAINTIFFS' MOTION FOR LEAVE TO FILE REPLY TO COUNTERCLAIMS
INSTANTER, FILED 04/10/2023, IS GRANTED. SO ORDERED. NOTICE ISSUED
04/10/2023 P MO MOTION FOR LEAVE TO FILE ANSWER INSTANTER MOTIONBY PLAINTIFFS FOR
LEAVE TO FILE ANSWER TO COUNTERCLAIMS 04/13/2023 - GRANTED
04/10/2023 P AN REPLY TO COUNTERCLAIM FILED PLAINTIFF(S) MITCHELL FAMILY TRUST
FUND(P1) and SPRING BREAK LLC(P2), ATTORNEY DEXTER W CLARK 0006401
REPLY BY MITCHELL FAMILY TRUST FUND TO SPRING BREAK LL TO
COUNTERCLAIMS OF DEFENDANT TUROCZY BONDING COMPANY
04/03/2023 D3 MO MOTION FILED FOR D3 DEMCAS LLC TYRESHA BROWN-O'NEAL 0084636 MOTION
TO APPEAR VIA ZOOM OR TO CONTINUE 04/13/2023 - DENIED
03/29/2023 P NT NOTICE OF APPEARANCE, FILED PLAINTIFF(S) MITCHELL FAMILY TRUST
FUND(P1) and SPRING BREAK LLC(P2) DEXTER W CLARK 0006401. NOTICE OF
APPEARANCE FOR MITCHELL FAMILY TRUST FUND AND SPRING BREAK LLC
03/28/2023 N/A JE TELEPHONE CONFERENCE HELD ON 03/23/2023. PLAINTIFF AND DEFENDANTS
APPEARED THROUGH COUNSEL. ALL THIRD PARTY DEFENDANTS FAILED TO
APPEAR. PLAINTIFF'S MOTION FOR EXTENSION OF TIME AND TO WITHDRAW AS
COUNSEL, FILED 03/14/2023, IS GRANTED IN PART. ATTORNEY GINO PHILLIP
ZAVARELLA IS HEREBY PERMITTED TO WITHDRAW AS COUNSEL FOR
PLAINTIFFS AND THE CLERK OF COURTS IS ORDERED TO EFFECT SUCH
CHANGES ON THE DOCKET ACCORDINGLY. ATTORNEY DEXTER CLARK
ATTENDED THE CONFERENCE AND ADVISED THE COURT THAT HE PLANS TO
REPRESENT PLAINTIFFS. ATTORNEY DEXTER CLARK SHALL FILE A NOTICE OF
APPEARA
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas BRIEF IN OPPOSITION October 18,2023 07:54 Confirmation Nbr. 2993320 MITCHELL FAMILY TRUST FUND ET AE. CV 22 961536 vs. Judge: CASSANDRA COLLIER-WILLIAMS BRIAN COEE ETAE. Pages Filed: 18 Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ IN THE COURT OF COMMON PLEAS CIVIL DIVISION CUYAHOGA COUNTY, OHIO MITCHELL FAMILY TRUST FUND, et al., Third-Party Defendants. Plaintiffs/Counterclaim Defendants, v. BRIAN COLE, et al., Defendants/Counterclaim Plaintiffs TUROCZY BONDING COMPANY, Third-Party Plaintiff, Case No. CV-22-961536 v. JUDGE COLLIER-WILLIAMS DONNELL MITCHELL, et al., OPPOSITION REPLY TO FOURTH PARTY DEFENDANT THOMAS PARKER'S MOTION FOR LEAVE TO RESPOND TO DISCOVERY REQUESTS Now comes Fourth party Plaintiff Mitchell to again dispute the deceptive filings by Attorney Amend. Fourth party Plaintiff Mitchell propounded discovery on October 9th 2023 which included Interrogatories , Request for production and Admissions. (the"requests"). For Cause the statement claiming that Thomas Parker filed a " MOTION TO DISMISS FOURTH PARTY COMPLAINT" on October 9th 2023 (the same day the Requests were served) is clearly deceptive. No such filing exists in the record and Attorney Amend continues to fabricate material facts to this Honorable court in violation of Attorney Rule 3.3. As such, Parker should be required to respond to the Requests as the court told all parties at the August 30th 2023 court hearing no delays will be GRANTED. Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ The propounded discovery requests on October 9th 2023 of Thomas Parker CEO of Turoczy 3 and co-owner of Turoczy 2 and Universal Fire & Casualty will only support Attorney Amend's original Third party complaint filing. It is becoming more evident Attorney Amend knows his Third party complaint was “not well thought out” which he filed with this court on January 23rd 2023. The filing will be proven to be nothing more than a fabricated filing and a failed attempt at intimidation that violates Atty Rule 3.3. Fourth party Defendant Thomas Parker is a necessary party in this action and should be ordered to answer discovery by November 6th 2023. The answering of discovery by Fourth party Defendant Parker would only enforce Attorney Amend's January 23rd 2023 complaint was justified and filed in good faith. For these reasons and the attached proof Attorney Amend fabricated statement that Fourth party Defendant filed a “MOTION TO DISMISS” on October 9th 2023 when NO RECORD of the filing exists should be enough to DENY the motion. Attorney Amend continues to knowingly violate Atty Rule. 3.3 using by using a series of stall tactics and unnecessary filings to delay this action moving forward. Attorney Amend has still not completedThird party Defendant Mitchell's discovery requests propounded in this case on July 28th 2023 nor Spring Break, LLC's discovery propounded on January 18th 2023. Respectfully submitted, DonnellMitchell/s Donnell Mitchell Pro se 669 Carnegie Avenue Akron Ohio 44314 Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ CERTIFICATE OF SERVICE A copy of the foregoing copy of the OPPOSITION REPLY TO FOURTH PARTY DEFENDANT THOMAS PARKER'S MOTION FOR LEAVE TO RESPOND TO DISCOVERY REQUESTS by Fourth party Plaintiff Mitchell filed and served via the clerk’s electronic filing system to all parties on October 18th 2023. Respectfully submitted, DonnellMitchell/s Donnell Mitchell Pro se 669 Carnegie Avenue Akron Ohio 44314 Electronically Filed 10/18/2023 07:54 / BRIEF / CV 22 961536 / Confirmation Nbr. 2993320 / CLDLJ skip to main content Print CASE INFORMATION CV-22-961536 MITCHELL FAMILY TRUST FUND ET AL. vs. BRIAN COLE ET AL. Docket Information Docket Docket View Filing Date Docket Description Party Type Image 10/17/2023 TD1 MO MOTION FILED FOR TD1 THOMAS PARKER GREGORY P AMEND 0081247 FOURTH PARTY DEFENDANT THOMAS PARKER'S MOTION FOR LEAVE TO RESPOND TO H] DISCOVERY REQUESTS 10/17/2023 TD1 MO MOTION TO DISMISS FILED THOMAS PARKER'S MOTION TO DISMISS AMENDED FOURTH-PARTY COMPLAINT PURSUANT TO CIV.R. 12(B)(6) 1=1 10/12/2023 N/A SR CERTIFIED MAIL RECEIPT NO. 51872319 RETURNED 10/7/2023 FAILURE OF SERVICE ON DEFENDANT TUROCZY/JOHN/A. - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY 10/10/2023 TD1 SR CERTIFIED MAIL RECEIPT NO. 51366258 RETURNED 08/16/2023 FAILURE OF SERVICE ON DEFENDANT PARKER/THOMAS/ - NOT DELIVRBL AS ADDR NOTICE MAILED TO DEFENDANT(S) ATTORNEY 10/09/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 FOURTH PARTY PLAINTIFF MITCHELL'S FIRST REQUEST FOR ADMISSIONS, |B| INTERROGATORIES AND PRODUCTION OF DOCUMENTS ON THOMAS PARKER 10/02/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO COMPEL 2ND REQUEST FOR NEW DISCOVERY RESPONSES SERVED ON |j] AUGUST 29TH 2023 09/28/2023 TD2 SR CERTIFIED MAIL RECEIPT NO. 51366259 RETURNED 08/30/2023 FAILURE OF SERVICE ON DEFENDANT JOHNSON/PENNIE/SUSAN - NOT DELIVRBL AS ADDR NOTICE MAILED TO DEFENDANT(S) ATTORNEY 09/27/2023 D6 BR BRIEF IN OPPOSITION FILED BY D6 DONNELL MITCHELL PRO SE 9999999 OPPOSITION BRIEF TO TUROCZY BONDING COMPANY MOTION TO DISMISS |j] DONNELL MITCHELL'S AMENDED COUNTERCLAIM PURSUANT TO CIV. R. 12(B)(6) 09/27/2023 D6 BR BRIEF IN OPPOSITION FILED BY D6 DONNELL MITCHELL PRO SE 9999999 OPPOSITION BRIEF TO FOURTH PARTY JOHNSON MOTION TO DISMISS DONNELL H MITCHELL'S AMENDED COMPLAINT PURSUANT TO CIV. R. 12(B)(6) 09/27/2023 N/A SR USPS RECEIPT NO. 51872320 DELIVERED BY USPS 09/22/2023 PARKER/THOMAS/ PROCESSED BY COC 09/27/2023. 09/25/2023 TD2 MO MOTION TO DISMISS FILED PENNIE JOHNSON'S MOTION TO DISMISS AMENDED FOURTH-PARTY COMPLAINT PURSUANT TO CIV.R. 12(B)(6) 1=1 09/25/2023 D2 MO MOTION TO DISMISS FILED TUROCZY BONDING COMPANY'S MOTION TO DISMISS DONNELL MITCHELL'S AMENDED COUNTERCLAIM PURSUANT TO |B| CIV.R.12(B)(6) 09/21/2023 D6 BR REPLY BRIEF FILED BY D6 DONNELL MITCHELL PRO SE 9999999 REPLY TO TUROCZY BONDING COMPANY'S OPPOSITION TO THIRD-PARTY DEFENDANT DONNELL MITCHELL'S MOTION TO REQUEST THIRD PARTY PLAINTIFF PROVIDE 1=1 PROOF OF CONSENT AS REQUIRED BY LAW RC 1329.55(D). 09/20/2023 D2 BR BRIEF IN OPPOSITION FILED BY D2 TUROCZY BONDING COMPANY GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S OPPOSITION TO THIRD-PARTY B DEFENDANT DONNELL MITCHELL'S MOTION TO REQUEST THIRD PARTY U PLAINTIFF PROVIDE PROOF OF CONSENT AS REQUIRED BY LAW RC 1329.55(D) 09/20/2023 N/A SR USPS RECEIPT NO. 51839112 DELIVERED BY USPS 09/16/2023 JOHNSON/PENNIE/SUSAN PROCESSED BY COC 09/20/2023. 09/20/2023 N/A SR USPS RECEIPT NO. 51839111 DELIVERED BY USPS 09/16/2023 TUROCZY BONDING COMPANY PROCESSED BY COC 09/20/2023. 09/E972t523caTDFiled g0R18/20SUMS5A/MENDEDCCOM96NT(^1C7fmaf'SEWBYCE^/iCED-MiAIL. TO: THOMAS Hl PARKER C/O CITY BONDING COMPANY - MICHIGAN 2121 AIRPORT ROAD WATERFORD, MI 48327-0000 09/19/2023 TD5 SR SUMS AMENDED COMPLNT(51872319) SENT BY CERTIFIED MAIL. TO: JOHN A. TUROCZY 14480 BENNINGTON AVENUE STRONGSVILLE, OH 44136-0000 09/19/2023 N/A SR CERTIFIED MAIL RECEIPT NO. 51839109 RETURNED 9/18/2023 FAILURE OF SERVICE ON DEFENDANT TUROCZY/JOHN/A. - REFUSED NOTICE MAILED TO DEFENDANT(S) ATTORNEY 09/18/2023 TD1 CS WRIT FEE 09/18/2023 N/A SR SUMMONS E-FILE COPY COST 09/18/2023 N/A SR SUMMONS E-FILE COPY COST 09/18/2023 TD5 CS WRIT FEE 09/15/2023 D1 SR REQUEST FOR SERVICE FILED JOHN A. TUROCZY POWER OF ATTORNEY PENNIE SUSAN JOHNSON 14480 BENNINGTON DRIVE STRONGSVILLE OHIO 44136 09/14/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON THOMAS PARKER DBA CITY BONDING COMPANY MICHIGAN 09/14/2023 TD2 SR SUMS 3RD PTY COMPLNT(51839112) SENT BY CERTIFIED MAIL. TO: PENNIE SUSAN JOHNSON C/O GREGORY P AMEND 1375 E. NINTH STREET, SUITE 2200 CLEVELAND, OH 44114-0000 09/14/2023 D2 SR SUMS CROSS-COMPLNT(51839111) SENT BY CERTIFIED MAIL. TO: TUROCZY BONDING COMPANY C/O GREGORY P AMEND 1375 EAST NINTH STREET, SUITE 2200 CLEVELAND, OH 44114-0000 09/14/2023 TD3 SR SUMS 3RD PTY COMPLNT(51839110) SENT BY CERTIFIED MAIL. TO: THOMAS PARKER CORPORATION SERVICE COMPANY 3366 RIVERSIDE DR STE 103 COLUMBUS, OH 43221-0000 09/14/2023 TD5 SR SUMS 3RD PTY COMPLNT(51839109) SENT BY CERTIFIED MAIL. TO: JOHN A. TUROCZY 1200 WEST 3RD STREET, SUITE 190 CLEVELAND, OH 44113-0000 09/13/2023 N/A SR SUMMONS E-FILE COPY COST 09/13/2023 N/A SR SUMMONS E-FILE COPY COST 09/13/2023 N/A SR SUMMONS E-FILE COPY COST 09/13/2023 N/A SR SUMMONS E-FILE COPY COST 09/13/2023 TD2 CS WRIT FEE 09/13/2023 D2 CS WRIT FEE 09/13/2023 TD3 CS WRIT FEE 09/13/2023 TD5 CS WRIT FEE 09/12/2023 D1 SR REQUEST FOR SERVICE FILED GREGORY P. AMEND FOR PENNIE SUSAN JOHNSON 1375 E. NINTH #2200 CLEVELAND OHIO 44114 09/12/2023 D1 SR REQUEST FOR SERVICE FILED GREGORY P. AMEND FOR TUROCZY BONDING COMPANY 1375 E. NINTH #2200 CLEVELAND OHIO 44114 09/12/2023 D1 SR REQUEST FOR SERVICE FILED JOHN A. TUROCZY 1200 WEST 3RD SUITE 190 CLEVELAND OHIO 44113 09/12/2023 D1 SR REQUEST FOR SERVICE FILED FOURTH PARTY DEFENDANT THOMAS PARKER 3366 RIVERSIDE DR. #103 COLUMBUS, OHIO 43221 09/11/2023 D6 BR REPLY BRIEF FILED BY D6 DONNELL MITCHELL PRO SE 9999999 REPLY BRIEF IN OPPOSITION TO TUROCZY BONDING COMPANY'S BRIEF IN OPPOSITION TO DONNELL MITCHELL'S MOTION TO COMPEL FOR PROPER DISCOVERY RESPONSES AND PRODUCTION 09/11/2023 D6 OT GENERAL PLEADING FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 REPLY TO FOURTH PARTY DEFENDANT PENNIE JOHNSON MOTION FOR LEAVE TO RESPOND TO DISCOVERY REQUESTS 09/11/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO REQUEST THIRD PARTY PLAINTIFF PROVIDE PROOF OF CONSENT OF RECORD UNDER RC 1329.55(D) 09/11/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE 09/11/2023 D1 CO AMENDED COMPLAINT $75 AMENDED FOURTH PARTY PLAINTIFF COMPLAINT 09/11/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE 09/11/2023 D1 AN ANSWER AND COUNTERCLAIM $75 AMENDED THIRD PARTY DEFENDANT ANSWER AND COUNTERCLAIM 09/11/2023 TD2 MO MOTION FILED FOR TD2 PENNIE SUSAN JOHNSON GREGORY P AMEND 0081247 Electronically Filed 1Q/18/2QFOURTH PRRTY DEFEISDAiBEr/ICENM»EatiOHItR(2EISB3MOTOEILJFOR LEAVE TO RESPOND TO DISCOVERY REQUESTS 09/11/2023 D2 BR BRIEF IN OPPOSITION FILED BY D2 TUROCZY BONDING COMPANY GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S BRIEF IN OPPOSITION TO DONNELL MITCHELL'S MOTION TO COMPEL FOR PROPER DISCOVERY RESPONSES AND PRODUCTION 09/07/2023 D6 MO MOTION FOR LEAVE TO FILE ANSWER INSTANTER MOTION FOR LEAVE TO AMEND THIRD PARTY DEFENDANT ANSWER AND COUNTERCLAIM, BY INTERLINEATION AND INSTANTER 09/05/2023 N/A JE STATUS CONFERENCE HELD ON 08/30/2023. PLAINTIFFS APPEARED THROUGH COUNSEL. DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN COLE APPEARED THROUGH COUNSEL. THIRD PARTY DEFENDANT DONNELL MITCHELL APPEARED PRO SE. FOURTH PARTY DEFENDANT PENNIE JOHNSON APPEARED WITH COUNSEL. FOURTH PARTY DEFENDANT THOMAS PARKER HAS NOT BEEN SERVED YET AND FAILED TO APPEAR. THIRD PARTY DEFENDANT TUROCZY BAIL BONDS INC. HAS NOT BEEN SERVED YET AND FAILED TO APPEAR. THIRD PARTY DEFENDANT CITY BONDING, LLC APPEARED THROUGH COUNSEL. THE COURT SET THE FOLLOWING CASE SCHEDULE: THIRD PARTY DEFENDANT DONNELL MITCHELL SHALL HAVE UNTIL 09/13/2023 TO AMEND HIS FOURTH PARTY COMPLAINT. CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. CASE TO BE MEDIATED WITHIN 75 DAYS OF REFERRAL. DISCOVERY CUT-OFF IS 12/29/2023. AFFIRMATIVE EXPERT REPORT DUE 01/26/2024. RESPONSIVE EXPERT REPORT DUE 03/15/2024. DISPOSITIVE MOTION TO BE FILED BY 04/12/2024. RESPONSE DUE 30 DAYS AFTER SERVICE OF THE MOTION. REPLY BRIEF DUE 10 DAYS AFTER SERVICE OF RESPONSE. COPIES OF ALL DISPOSITIVE MOTIONS AND BRIEFS ARE TO BE PROVIDED TO THE COURT UPON FILING. FINAL PRETRIAL SET FOR 07/01/2024 AT 02:00 PM. COURTROOM 23-A. ALL PARTIES INCLUDING THOSE WITH SETTLEMENT AUTHORITY MUST BE PRESENT. TRIAL BY JURY SET FOR 08/05/2024 AT 09:00 AM. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF THE PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED 08/31/2023 N/A CS COURT REPORTER FEE 08/31/2023 N/A SR CERTIFIED MAIL RECEIPT NO. 51366259 RETURNED 8/30/2023 FAILURE OF SERVICE ON DEFENDANT JOHNSON/PENNIE/SUSAN - UNCLAIMED NOTICE MAILED TO DEFENDANT(S) ATTORNEY 08/30/2023 N/A SR USPS RECEIPT NO. 51447668 DELIVERED BY USPS 08/25/2023 TUROCZY BONDING COMPANY PROCESSED BY COC 08/30/2023. 08/29/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 NOTICE OF SERVICE OF DEFENDANT MITCHELL'S SECOND REQUEST FOR ADMISSIONS INTERROGATORIES AND PRODUCTION OF DOCUMENTS 08/29/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 NOTICE OF SERVICE ON FOURTH PARTY BY CROSSCLAIM PLAINTIFF FOR FIRST REQUEST FOR ADMISSIONS, INTERROGATORIES AND PRODUCTION OF DOCUMENTS PENNIE SUSAN JOHNSON 08/29/2023 D1 SF DEPOSIT AMOUNT PAID GREGORY P AMEND 08/29/2023 D1 AF AFFIDAVIT SERVICE BY PUBLICATION, CIVIL $150 AFFIDAVIT FOR SERVICE BY PUBLICATION 08/29/2023 D2 MO MOTION TO DISMISS FILED TUROCZY BONDING COMPANY'S MOTION TO DISMISS DONNELL MITCHELL'S COUNTERCLAIM PURSUANT TO CIV.R.12(B)(6) 08/29/2023 TD2 MO MOTION TO DISMISS FILED PENNIE JOHNSON'S MOTION TO DISMISS FOURTH PARTY COMPLAINT PURSUANT TO CIV.R. 12(B)(6) 08/25/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO COMPEL FOR PROPER DISCOVERY RESPONSES AND PRODUCTION OF DOCUMENTS 08/23/2023 D2 SR SUMS CROSS-COMPLNT(51447668) SENT BY CERTIFIED MAIL. TO: TUROCZY BONDING COMPANY C/O GREGORY P AMEND 1375 EAST 9TH ST STE 2200 CLEVELAND, OH 44114-0000 08/22/2023 N/A SR SUMMONS E-FILE COPY COST 08/22/2023 D2 CS WRIT FEE 08/19/2023 D1 SR REQUEST FOR SERVICE FILED ANSWER AND COUNTERCLAIM AGAINST THIRD 08/19/2023 N/A SR R Y F L INT:IF PCERTIFIED Electronically Filed 10/18/20 A 7[: 4 / A C\722OCZY> BOOOMGiCOMPANY3320 / CLDLJ MAIL RECEIPT NO. 51386191 RETURNED 8/18/2023 FAILURE OF SERVICE ON DEFENDANT TUROCZY BONDING COMPANY - REFUSED NOTICE MAILED TO DEFENDANT(S) ATTORNEY 08/16/2023 D2 SR SUMS CROSS-COMPLNT(51386191) SENT BY CERTIFIED MAIL. TO: TUROCZY BONDING COMPANY C/O BRIAN COLE DBA TUROCZY 5 1200 WEST 3RD STREET, STE 190 CLEVELAND, OH 44113-0000 08/15/2023 D2 CS WRIT FEE 08/15/2023 N/A SR SUMMONS E-FILE COPY COST 08/14/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY 08/14/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE 08/14/2023 D1 AN ANSWER AND COUNTERCLAIM $75 ANSWER AND COUNTERCLAIM AGAINST THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY 08/14/2023 TD2 SR SUMS 3RD PTY COMPLNT(51366259) SENT BY CERTIFIED MAIL. TO: PENNIE SUSAN JOHNSON 14480 BENNINGTON DRIVE STRONGSVILLE, OH 44136-0000 08/14/2023 TD1 SR SUMS 3RD PTY COMPLNT(51366258) SENT BY CERTIFIED MAIL. TO: THOMAS PARKER C/O TUROCZY BONDING COMPANY 1200 WEST 3RD STREET, SUITE 190 CLEVELAND, OH 44113-0000 08/11/2023 N/A SR SUMMONS E-FILE COPY COST 08/11/2023 N/A SR SUMMONS E-FILE COPY COST 08/11/2023 TD2 CS WRIT FEE 08/11/2023 TD1 CS WRIT FEE 08/11/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON CROSS CLAIM DEFENDANT PENNIE SUSAN JOHNSON 08/11/2023 D1 SR REQUEST FOR SERVICE FILED REQUEST FOR SERVICE ON CROSS CLAIM DEFENDANT THOMAS PARKER 08/11/2023 D1 SF DEPOSIT AMOUNT PAID PRO SE 08/11/2023 D6 CO 3RD PARTY COMPLAINT AGAINST THOMAS PARKER AND TUROCZY 3 ....PRO SE (9999999) $75 THIRD PARTY CROSS COMPLAINT ON THOMAS PARKER AND TUROCZY 3 08/10/2023 D6 NT NOTICE FILED BY D6 DONNELL MITCHELL ATTORNEY PRO SE 9999999 NOTICE OF SERVICE OF DEFENDANT MITCHELL'S FIRST REQUEST FOR ADMISSIONS, INTERROGATORIES AND PRODUCTION OF DOCUMENTS 08/10/2023 N/A JE DONNELL MITCHELL'S MOTION FOR LEAVE OUT OF TIME, TO DISMISS FOR LACK OF VENUE, AND TO DISMISS FOR KNOWINGLY FILING FALSE STATEMENTS, FILED 05/23/2023, IS GRANTED AND DENIED IN PART. AS TO THE MOTION TO DISMISS FOR LACK OF VENUE, THE MOTION IS DENIED. AS TO THE MOTION TO DISMISS FOR KNOWINGLY FILING FALSE STATEMENTS, THE MOTION IS DENIED. AS TO THE MOTION FOR TIME TO FILE A RESPONSIVE PLEADING, THE MOTION IS GRANTED. DONNELL MITCHELL SHALL HAVE UNTIL 08/24/2023 TO FILE A RESPONSIVE PLEADING TO THE THIRD PARTY COMPLAINT. SO ORDERED. NOTICE ISSUED 08/10/2023 N/A JE DONNELL MITCHELL'S MOTION TO REQUEST THIRD PARTY PLAINTIFF'S FILE INITIAL DISCLOSURES AS REQUIRED BY OHIO CIV. RULE 26(B)(3), FILED 05/11/2023, IS DENIED. SO ORDERED. NOTICE ISSUED 08/10/2023 N/A JE DONNELL MITCHELL'S MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS BY ATTY AMEND, FILED 07/29/2023, IS DENIED. DONNELL MITCHELL'S OPPOSITION MOTION TO TUROCZY BONDING COMPANY MOTION TO STRIKE, FILED 08/07/2023, IS DENIED. TUROCZY BONDING COMPANY'S MOTION TO STRIKE AND RESPONSE TO THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS BY ATTY AMEND AND MOTION TO STRIKE, FILED 08/04/2023, IS DENIED. SO ORDERED. NOTICE ISSUED 08/10/2023 P AN ANSWER FILED BY PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING BREAK LLC(P2) ATTORNEY DEXTER W CLARK 0006401 ANSWER OF PLAINTIFFS TO THIRD-PARTY COMPLAINT AGAINST CITY BONDING LLC 08/08/2023 N/A JE TUROCZY BONDING COMPANY'S MOTION TO SERVE THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY PUBLICATION UNDER CIV.R. 4.4(A)(1), FILED 08/01/2023, IS GRANTED. TUROCZY BONDING COMPANY'S MOTION TO SERVE THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY REGULAR MAIL UNDER CIV.R. 4.6(B), FILED 07/20/2023, IS DENIED. SO ORDERED. NOTICE ISSUED 08/07/2WaDfcFiled MO8/2O230TiONN BRED FOV2D 6D1O3NNELrMmCfttNLrpRO3SE999Db9 opposition MOTION TUROCZY BONDING COMPANY MOTION TO STRIKE 08/10/2023 - DENIED 08/04/2023 D2 MO MOTION FILED FOR D2 TUROCZY BONDING COMPANY GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S MOTION TO STRIKE AND RESPONSE TO THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS BY ATTY AMEND AND MOTION TO STRIKE 08/10/2023 - DENIED 08/01/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S MOTION TO SERVE THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY PUBLICATION UNDER CIV.R. 4.4(A)(1) 08/08/2023 - GRANTED 07/31/2023 D8 SR REGULAR MAIL SERVICE RECEIPT NO. 51110127 RETURNED 07/31/2023 FAILURE OF SERVICE ON DEFENDANT CITY BONDING,LLC NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00 07/31/2023 D7 SR REGULAR MAIL SERVICE RECEIPT NO. 51110126 RETURNED 07/31/2023 FAILURE OF SERVICE ON DEFENDANT TUROCZY BAIL BONDS INC., NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00 07/29/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS BY ATTY AMEND 08/10/2023 - DENIED 07/27/2023 N/A JE STATUS CONFERENCE HELD ON 07/27/2023. PLAINTIFFS APPEARED THROUGH COUNSEL. DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN COLE APPEARED THROUGH COUNSEL. THIRD PARTY DEFENDANT DONNELL MITCHELL APPEARED PRO SE. THIRD PARTY DEFENDANTS TUROCZY BAIL BONDS INC. AND CITY BONDING, LLC FAILED TO APPEAR. TUROCZY BONDING COMPANY'S MOTION TO DEEM THIRD-PARTY DEFENDANT CITY BONDING, LLC SERVED UNDER R.C. CHAPTER 1706, FILED 07/20/2023, IS GRANTED. THE OHIO SECRETARY OF STATE CONFIRMED THAT THE SUMMONS AND COMPLAINT WAS SENT TO CITY BONDING, LLC ON 05/16/2023. ACCORDINGLY, SERVICE WAS COMPLETE ON THIRD-PARTY DEFENDANT CITY BONDING, LLC ON 05/16/2023. CITY BONDING SHALL HAVE UNTIL 08/10/2023 TO MOVE, PLEAD, OR OTHERWISE RESPOND TO THE THIRD-PARTY COMPLAINT. THE COURT SET THE FOLLOWING SCHEDULE: STATUS CONFERENCE SET FOR 08/30/2023 AT 02:00 PM. COURTROOM 23-A. ALL PARTIES INCLUDING THOSE WITH SETTLEMENT AUTHORITY MUST BE PRESENT. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED 07/21/2023 N/A JE THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION TO STRIKE UNDER OHIO CIVIL RULE 12(F) AND MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS IN DEMCAS LLC'S SUMMARY JUDGMENT, FILED 05/30/2023, IS DENIED. SO ORDERED. NOTICE ISSUED 07/21/2023 N/A JE DEMCAS LLC'S MOTION TO STRIKE, FILED 05/26/2023, IS GRANTED IN PART. THE CLERK OF COURTS IS HEREBY ORDERED TO STRIKE PAGES 2-4 OF DONNELL MITCHELL'S OPPOSITION MOTION FOR SUMMARY JUDGMENT REGARDING FABRICATIONS ON DONNELL MITCHELL ONLY, FILED ON 05/06/2023. SO ORDERED. NOTICE ISSUED 07/20/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S MOTION TO SERVE THIRD-PARTY DEFENDANT TUROCZY BAIL BONDS, INC. BY REGULAR MAIL UNDER CIV.R. 4.6(B) 08/08/2023 - DENIED 07/20/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY'S MOTION TO DEEM THIRD-PARTY DEFENDANT CITY BONDING, LLC SERVED UNDER R.C. CHAPTER 1706 07/27/2023 - GRANTED 07/20/2023 D NT NOTICE FILED BY DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) ATTORNEY GREGORY P AMEND 0081247 TUROCZY BONDING COMPANY NOTICE OF STATUS OF SERVICE OF PROCESS UPON THIRD-PARTY DEFENDANTS 07/18/2023 D8 SR JUDGMENT ENTRY(51110127) SENT BY REGULAR MAIL SERVICE. TO: CITY BONDING,LLC C/O CITY BONDING INC, STAT AGENT P.O.BOX 3114 LORAIN, OH 45202-0000 07/18/2023 D7 SR JUDGMENT ENTRY(51110126) SENT BY REGULAR MAIL SERVICE. TO: TUROCZY Electronically Filed 10/18/20BA071BO INERJEN CCOO TY5OR M0TCHaUtnSNWTEJ993R0 AGBDLT P.O. BOX 3114 LORAIN, OH 45202-0000 07/14/2023 D1 SR JUDGMENT ENTRY(51110125) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS MHDOCKET@MCDONALDHOPKINS.COM 07/14/2023 D1 SR JUDGMENT ENTRY(51110124) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS DSINTSIRMAS@MCDONALDHOPKINS.COM 07/14/2023 D2 SR JUDGMENT ENTRY(51110123) SENT BY EMAIL. TO: MORIAH CHEATHAM-WILLIAMS MORIAH.CHEATHAMWILLIAMS@LEWISBRISBOIS.COM 07/14/2023 D3 SR JUDGMENT ENTRY(51110122) SENT BY EMAIL. TO: LON'CHERIE' BILLINGSLEY ATTORNEYLCB@GMAIL.COM 07/14/2023 D3 SR JUDGMENT ENTRY(51110121) SENT BY EMAIL. TO: TYRESHA BROWN-O'NEAL TYRESHABROWN@HOTMAIL.COM 07/14/2023 D5 SR JUDGMENT ENTRY(51110120) SENT BY EMAIL. TO: GREGORY P AMEND GREG.AMEND@LEWISBRISBOIS.COM 07/14/2023 D6 SR JUDGMENT ENTRY(51110119) SENT BY EMAIL. TO: DONNELL MITCHELL MITCHELL961536@GMAIL.COM 07/14/2023 P2 SR JUDGMENT ENTRY(51110118) SENT BY EMAIL. TO: GINO PHILLIP ZAVARELLA GPZAVARELLA@GMAIL.COM 07/14/2023 P1 SR JUDGMENT ENTRY(51110117) SENT BY EMAIL. TO: DEXTER W CLARK DEXTERCLARK@DEXTERCLARKLAW.COM 07/14/2023 P1 SR JUDGMENT ENTRY(51110116) SENT BY EMAIL. TO: DEXTER W CLARK DEXTERCLARK@DEXTERCLARKLAW.COM 07/14/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT, FILED 05/10/2023, IS GRANTED. IT IS AXIOMATIC THAT A MOTION FOR SUMMARY JUDGMENT MAY ONLY BE GRANTED WHERE THERE EXISTS NO GENUINE ISSUE AS TO ANY MATERIAL FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. CIV. R. 56(C). MOREOVER, SUMMARY JUDGMENT IS INAPPROPRIATE UNLESS IT APPEARS FROM THE EVIDENCE THAT REASONABLE MINDS COULD COME TO BUT ONE CONCLUSION AND THAT CONCLUSION IS ADVERSE TO THE NONMOVING PARTY. CIV. R. 56(C). FURTHERMORE, IN REVIEWING A MOTION FOR SUMMARY JUDGMENT, THIS COURT MUST CONSTRUE THE EVIDENCE IN A LIGHT MOST FAVORABLE TO THE PARTY OPPOSING THE MOTION. TEMPLE V. WEAN UNITED, INC. (1977), 50 OHIO ST. 2D 317. THEREFORE, ABSENT AN AFFIRMATIVE SHOWING BY THE MOVING PARTY THAT NO GENUINE ISSUES EXIST AS TO ANY MATERIAL FACT, AND THAT SUCH PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, NO SUMMARY JUDGMENT MAY BE GRANTED. HARLESS V. WILLIS DAY WAREHOUSING CO. (1978), 54 OHIO ST. 2D 64, 66. CONSTRUING ALL FACTS IN FAVOR OF PLAINTIFFS AND FINDING NO GENUINE ISSUE OF MATERIAL FACT REMAINS, THE COURT HEREBY GRANTS DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT IN ITS ENTIRETY. PARTIAL. SO ORDERED. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED 06/20/2023 D8 SR REGULAR MAIL SERVICE RECEIPT NO. 50790252 RETURNED 06/20/2023 FAILURE OF SERVICE ON DEFENDANT CITY BONDING,LLC NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00 06/20/2023 D7 SR REGULAR MAIL SERVICE RECEIPT NO. 50790251 RETURNED 06/20/2023 FAILURE OF SERVICE ON DEFENDANT TUROCZY BAIL BONDS INC., NOT DELIVRBL AS ADDR NOTICE MAILED TO PLTFS ATTORNEY. $0.00 06/12/2023 P BR BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING BREAK LLC(P2) DEXTER W CLARK 0006401 BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT 06/09/2023 N/A SC TRIAL BY JURY SCHEDULED FOR 07/24/2023 AT 08:30 AM IS CANCELLED. 06/08/2023 D6 BR REPLY BRIEF FILED BY D6 DONNELL MITCHELL PRO SE 9999999 REPLY TO TUROCZY BONDING COMPANY AND BRIAN COLE'S BRIEF IN OPPOSITION TO THIRD-PARTY DEFENDANT DONNELL MITCHELL'S MOTION FOR LEAVE TO FILE OUT OF TIME, TO DISMISS FOR LACK OF VENUE AND TO KNOWINGLY FILING FALSE STATEMENT 06/08/2023 N/A JE FINAL PRETRIAL HELD ON 06/07/2023. PLAINTIFFS APPEARED THROUGH COUNSEL. DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN Electronically Filed 10/18/20 Do D2 ./ ENDANT DONNELL ■'TUROCZY BAIL BONDS INC. AND CITY BONDING, LLC HAVE NOT BEEN SERVED YET AND FAILED TO APPEAR. THE COURT INADVERTENTLY GRANTED DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT PRIOR TO THE EXPIRATION OF PLAINTIFFS' TIME TO OPPOSE THE MOTION. THE COURT HEREBY VACATES ITS PRIOR ORDER, DATED 06/06/2023. PLAINTIFFS SHALL HAVE UNTIL 06/12/2023 TO FILE A BRIEF IN OPPOSITION TO DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT. REPLY BRIEF DUE 10 DAYS AFTER SERVICE OF RESPONSE. COPIES OF ALL DISPOSITIVE MOTIONS AND BRIEFS ARE TO BE PROVIDED TO THE COURT UPON FILING. THE COURT HEREBY SETS THE FOLLOWING AMENDED CASE SCHEDULE: STATUS CONFERENCE SET FOR 07/27/2023 AT 11:00 AM. ALL PARTIES ARE TO CALL CONFERENCE CALL NUMBER 978-990-5000 AND ENTER ACCESS CODE 701774# AT THE SCHEDULED DATE AND TIME. NEW DATES WILL BE SET DURING THE CONFERENCE. ALL OTHER DATES ARE HEREBY VACATED. FAILURE TO APPEAR AT ANY COURT SCHEDULED EVENT IN THE FUTURE MAY RESULT IN DISMISSAL OF PLAINTIFF'S CLAIMS FOR WANT OF PROSECUTION OR JUDGMENT RENDERED AGAINST DEFENDANT. SO ORDERED. NOTICE ISSUED 06/07/2023 D8 SR JUDGMENT ENTRY(50790252) SENT BY REGULAR MAIL SERVICE. TO: CITY BONDING,LLC C/O CITY BONDING INC, STAT AGENT P.O.BOX 3114 LORAIN, OH 45202-0000 06/07/2023 D7 SR JUDGMENT ENTRY(50790251) SENT BY REGULAR MAIL SERVICE. TO: TUROCZY BAIL BONDS INC., C/O TYLOR MITCHELL STATUTORY AGENT P.O. BOX 3114 LORAIN, OH 45202-0000 06/06/2023 D BR BRIEF IN OPPOSITION FILED BY DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) GREGORY P AMEND 0081247 DEFENDANTS AND THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY AND BRIAN COLE'S BRIEF IN OPPOSITION TO THIRD PARTY DEFENDANT DONNELL MITCHELL'S MOTION FOR LEAVE TO FILE OUT OF TIME, TO DISMISS FOR LACK OF VENUE AND TO KNOWINGLY FILING FALSE STATEMENTS 06/06/2023 D3 OT GENERAL PLEADING FILED BY D3 DEMCAS LLC ATTORNEY TYRESHA BROWN- O'NEAL 0084636 DEFENDANT'S FINAL PRE-TRIAL STATEMENT 06/06/2023 D1 SR JUDGMENT ENTRY(50790250) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS MHDOCKET@MCDONALDHOPKINS.COM 06/06/2023 D1 SR JUDGMENT ENTRY(50790249) SENT BY EMAIL. TO: DEMETRIOS SINTSIRMAS DSINTSIRMAS@MCDONALDHOPKINS.COM 06/06/2023 D2 SR JUDGMENT ENTRY(50790248) SENT BY EMAIL. TO: MORIAH CHEATHAM WILLIAMS MORIAH.CHEATHAMWILLIAMS@LEWISBRISBOIS.COM 06/06/2023 D3 SR JUDGMENT ENTRY(50790247) SENT BY EMAIL. TO: LON'CHERIE' BILLINGSLEY ATTORNEYLCB@GMAIL.COM 06/06/2023 D3 SR JUDGMENT ENTRY(50790246) SENT BY EMAIL. TO: TYRESHA BROWN-O'NEAL TYRESHABROWN@HOTMAIL.COM 06/06/2023 D5 SR JUDGMENT ENTRY(50790245) SENT BY EMAIL. TO: GREGORY P AMEND GREG.AMEND@LEWISBRISBOIS.COM 06/06/2023 D6 SR JUDGMENT ENTRY(50790244) SENT BY EMAIL. TO: DONNELL MITCHELL MITCHELL961536@GMAIL.COM 06/06/2023 P2 SR JUDGMENT ENTRY(50790243) SENT BY EMAIL. TO: GINO PHILLIP ZAVARELLA GPZAVARELLA@GMAIL.COM 06/06/2023 P1 SR JUDGMENT ENTRY(50790242) SENT BY EMAIL. TO: DEXTER W CLARK DEXTERCLARK@DEXTERCLARKLAW.COM 06/06/2023 P1 SR JUDGMENT ENTRY(50790241) SENT BY EMAIL. TO: DEXTER W CLARK DEXTERCLARK@DEXTERCLARKLAW.COM 06/06/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT, FILED 04/22/2023, IS UNOPPOSED AND GRANTED. IT IS AXIOMATIC THAT A MOTION FOR SUMMARY JUDGMENT MAY ONLY BE GRANTED WHERE THERE EXISTS NO GENUINE ISSUE AS TO ANY MATERIAL FACT AND THE MOVING PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW. CIV. R. 56(C). MOREOVER, SUMMARY JUDGMENT IS INAPPROPRIATE UNLESS IT APPEARS FROM THE EVIDENCE THAT REASONABLE MINDS COULD COME TO BUT ONE CONCLUSION AND THAT CONCLUSION IS ADVERSE TO THE NONMOVING PARTY. CIV. R. 56(C). FURTHERMORE, IN REVIEWING A MOTION FOR SUMMARY JUDGMENT, THIS COURT MUST CONSTRUE THE EVIDENCE IN A LIGHT MOST FAVORABLE TO THE PARTY OPPOSING THE MOTION. TEMPLE V. WEAN UNITED, INC. (1977), 50 OHIO OWING BY THE moving Electronically Filed 10/18/20 AtERal fact, and that SUCH PARTY IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, NO SUMMARY JUDGMENT MAY BE GRANTED. HARLESS V. WILLIS DAY WAREHOUSING CO. (1978), 54 OHIO ST. 2D 64, 66. CONSTRUING ALL FACTS IN FAVOR OF PLAINTIFFS AND FINDING NO GENUINE ISSUE OF MATERIAL FACT REMAINS, THE COURT HEREBY GRANTS DEFENDANT DEMCAS LLC'S MOTION FOR SUMMARY JUDGMENT IN ITS ENTIRETY. PARTIAL. SO ORDERED. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED 06/05/2023 D OT GENERAL PLEADING FILED BY DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) ATTORNEY GREGORY P AMEND 0081247 DEFENDANT THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY AND DEFENDANT BRIAN COLE'S PRE-TRIAL STATEMENT 05/31/2023 P BR BRIEF FILED BY PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING BREAK LLC(P2) DEXTER W CLARK 0006401 PLAINTIFFS' PRETRIAL STATEMENT 05/30/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 NON PARTY MOTION TO STRIKE UNDER OHIO CIVIL RULE 12(F) AND MOTION TO CORRECT THE RECORD FOR FALSE STATEMENTS IN DEMCAS LLC SUMMARY JUDGMENT 07/21/2023 - DENIED 05/26/2023 D3 MO MOTION FILED FOR D3 DEMCAS LLC TYRESHA BROWN-O'NEAL 0084636 MOTION TO STRIKE 07/21/2023 - GRANTED IN PART 05/23/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION FOR LEAVE OUT OF TIME, TO DISMISS FOR LACK OF VENUE, AND TO DISMISS FOR KNOWINGLY FILING FALSE STATEMENTS 08/10/2023 - GRANTED AND DENIED IN PART 05/11/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 MOTION TO REQUEST THIRD PARTY PLAINTIFF'S FILE INITIAL DISCLOSURES AS REQUIRED BY OHIO CIV. RULE 26(B)(3) 08/10/2023 - DENIED 05/10/2023 N/A JE THE COURT NOTES THAT THIRD PARTY DEFENDANT DONNELL MITCHELL HAS FILED VARIOUS MOTIONS WITH THIS COURT. HOWEVER, HE HAS NOT FILED AN ANSWER TO THE THIRD-PARTY COMPLAINT. DONNELL MITCHELL SHALL HAVE UNTIL 05/23/2023 TO MOVE, PLEAD, OR OTHERWISE RESPOND TO THE THIRD- PARTY COMPLAINT. IF HE FAILS TO DO SO, THIRD PARTY PLAINTIFF TUROCZY BONDING COMPANY SHALL FILE A MOTION FOR DEFAULT JUDGMENT AGAINST DONNELL MITCHELL BY NO LATER THAN 06/06/2023. FAILURE TO DO SO WILL RESULT IN DISMISSAL OF DONNELL MITCHELL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. SO ORDERED. NOTICE ISSUED 05/10/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION FOR LEAVE TO ACCEPT SUMMARY JUDGMENT FILING, FILED 04/24/2023, IS GRANTED. THE MOTION FOR SUMMARY JUDGMENT IS DEEMED FILED AS OF THE DATE OF THIS ORDER. SO ORDERED. NOTICE ISSUED 05/06/2023 D6 MO MOTION FILED FOR D6 DONNELL MITCHELL PRO SE 9999999 OPPOSITION MOTION FOR SUMMARY JUDGMENT REGARDING FABRICATIONS ON DONNELL MITCHELL ONLY 08/16/2023 - UNKNOWN 05/03/2023 N/A JE DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN COLE'S MOTION TO SERVICE THIRD PARTY DEFENDANTS VIA REGULAR MAIL SERVICE, FILED 04/21/2023, IS DENIED. PURSUANT TO CIV. R. 4.6(D), CERTIFIED MAIL MUST FIRST BE RETURNED UNCLAIMED BEFORE IT CAN BE SERVED BY ORDINARY MAIL. SO ORDERED. NOTICE ISSUED 04/24/2023 D3 MO MOTION FILED FOR D3 DEMCAS LLC TYRESHA BROWN-O'NEAL 0084636 DEFENDANT'S MOTION FOR LEAVE TO ACCEPT FILING 05/10/2023 - GRANTED 04/22/2023 D3 MO MOTION FOR SUMMARY JUDGMENT FILED MOTION FOR SUMMARY JUDGMENT 06/06/2023 - UNOPPOSED AND GRANTED 04/21/2023 D MO MOTION FILED FOR DEFENDANT(S) BRIAN COLE(D1) and TUROCZY BONDING COMPANY(D2) GREGORY P AMEND 0081247 DEFENDANTS AND THIRD PARTY PLAINTIFFS TUROCZY AND BRIAN COLE'S MOTION TO SERVICE THIRD PARTY DEFENDANTS VIA REGULAR MAIL SERVICE 05/03/2023 - DENIED 04/13/2023 N/A JE DEFENDANT DEMCAS LLC'S MOTION TO APPEAR VIA ZOOM OR TO CONTINUE, FILED 04/03/2023, IS DENIED. SO ORDERED. NOTICE ISSUED 04/13/2023 N/A JE SETTLEMENT CONFERENCE HELD ON 04/12/2023. PLAINTIFFS APPEARED Electronically Filed 10/18/20 g N 9fflWL?OUNSEL THIRD !OCZY/BAidlbonds inc., and CITY BONDING, LLC FAILED TO APPEAR. THIRD PARTY DEFENDANTS TUROCZY BAIL BONDS, INC. AND CITY BONDING, LLC HAVE NOT BEEN SERVED YET. PURSUANT TO OHIO CIV. R. 4(E), FAILURE TO SERVE THE THIRD PARTY DEFENDANT(S) BY 07/23/2023 WILL RESULT IN DISMISSAL OF SAID PARTIES WITHOUT PREJUDICE FOR WANT OF PROSECUTION. CASE DID NOT SETTLE. ALL DATES REMAIN THE SAME. SO ORDERED. NOTICE ISSUED 04/13/2023 N/A JE PLAINTIFFS' MOTION FOR LEAVE TO FILE REPLY TO COUNTERCLAIMS INSTANTER, FILED 04/10/2023, IS GRANTED. SO ORDERED. NOTICE ISSUED 04/10/2023 P MO MOTION FOR LEAVE TO FILE ANSWER INSTANTER MOTIONBY PLAINTIFFS FOR LEAVE TO FILE ANSWER TO COUNTERCLAIMS 04/13/2023 - GRANTED 04/10/2023 P AN REPLY TO COUNTERCLAIM FILED PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING BREAK LLC(P2), ATTORNEY DEXTER W CLARK 0006401 REPLY BY MITCHELL FAMILY TRUST FUND TO SPRING BREAK LL TO COUNTERCLAIMS OF DEFENDANT TUROCZY BONDING COMPANY 04/03/2023 D3 MO MOTION FILED FOR D3 DEMCAS LLC TYRESHA BROWN-O'NEAL 0084636 MOTION TO APPEAR VIA ZOOM OR TO CONTINUE 04/13/2023 - DENIED 03/29/2023 P NT NOTICE OF APPEARANCE, FILED PLAINTIFF(S) MITCHELL FAMILY TRUST FUND(P1) and SPRING BREAK LLC(P2) DEXTER W CLARK 0006401. NOTICE OF APPEARANCE FOR MITCHELL FAMILY TRUST FUND AND SPRING BREAK LLC 03/28/2023 N/A JE TELEPHONE CONFERENCE HELD ON 03/23/2023. PLAINTIFF AND DEFENDANTS APPEARED THROUGH COUNSEL. ALL THIRD PARTY DEFENDANTS FAILED TO APPEAR. PLAINTIFF'S MOTION FOR EXTENSION OF TIME AND TO WITHDRAW AS COUNSEL, FILED 03/14/2023, IS GRANTED IN PART. ATTORNEY GINO PHILLIP ZAVARELLA IS HEREBY PERMITTED TO WITHDRAW AS COUNSEL FOR PLAINTIFFS AND THE CLERK OF COURTS IS ORDERED TO EFFECT SUCH CHANGES ON THE DOCKET ACCORDINGLY. ATTORNEY DEXTER CLARK ATTENDED THE CONFERENCE AND ADVISED THE COURT THAT HE PLANS TO REPRESENT PLAINTIFFS. ATTORNEY DEXTER CLARK SHALL FILE A NOTICE OF APPEARA