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Motion No. 5130199
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
November 9,2023 13:51
By: RANDY R. ICE 0079449
Confirmation Nbr. 3014096
JENNIFER GATENS CV 23 982361
vs.
Judge: SHIRLEY STRICKLAND SAFFOLD
HOLLAND CATHERINE DRAIN, ET AL
Pages Filed: 5
Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB
0636082026.1
IN the court of common pleas
CUYAHOGA COUNTY, OHIO
JENNIFER GATENS, CASE NO.: CV 23 982361
Plaintiff, JUDGE:
SHIRLEY STRICKLAND SAFFOLD
vs.
HOLLAND CATHERINE DRAIN, et MOTION TO COMPEL
al.,
Defendants.
Now come Defendants, Holland Catherine Drain and Heather Quinn Cassidy-Drain, in
the above captioned case, by and through counsel, and moves this Honorable Court, pursuant to
Ohio Civil Rule 37(A), for an Order compelling Jennifer Gatens to comply with discovery
requests.
On August 24, 2023, Defendant served Jennifer Gatens with Interrogatories and
Requests for Production of Documents. Having not received the discovery timely,
Defendant wrote to Plaintiff requesting compliance and stating the intention of the Defendant
to seek an order pursuant to Ohio Rule 37(A). This correspondence is marked as “Exhibit
A” and is attached hereto and incorporated by reference. To date, discovery requests and the
subsequent correspondence remain unanswered.
Ohio Civil Rule 37(A) states in pertinent part:
If a deponent fails to answer a question propounded or submitted
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submitted under Rule 34, fails to respond to that inspection or fails
1
to permit inspection as requested, the discovering party may move
for an order compelling an answer or an order compelling
inspection in accordance with the request.
Because of the failure of Plaintiffs to comply with discovery and because of the further
failure of the Plaintiffs to respond to follow-up correspondence, there is no alternative but to seek
the intervention of the Court. Accordingly, the Court should issue an Order pursuant to Ohio
Rule 37(A).
/s/ Randy R. Ice__________
Randy R. Ice, Esq. (0079449)
P.O. Box 832
Hudson, OH 44236
Telephone: (216) 212-8490
Fax Number: (877) 710-4778
Email: Randy.Ice@allstate.com
Attorney for Defendants
Holland Catherine Drain and
Heather Quinn Cassidy-Drain
Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB
EXHIBIT A
CLIENT LEGAL SERVICES
All Attorneys and Staff are Employees of
Allstate Insurance Company
This Office is not a Partnership or a Corporation
P.O. Box 832
Hudson, Ohio 44236
Toll-Free: (877) 376-7011 www.allstate.com/staffcounselcleveland Facsimile: (877) 710-4778
Attorney Administrative Assistant Paralegal
(216) 212-8490 (216) 771-6411 (216) 771-4249
October 3, 2023
Nomiki P. Tsarnas, Esq.
Kisling, Nestico & Redick, LLC - Poland
22 E. McKinley Way, Suite A
Poland, OH 44514-2066
Re: Gatens v. Drain et al.
Court Number: CV 23 982361
Date of Loss: August 05, 2021
Our File Number: 0636082026.1
Dear Ms. Tsarnas:
Reference is made to the Interrogatories and Request for Production of Documents which were
forwarded to your office on August 24, 2023. To date we have not received a response to these
discovery requests.
Please forward this documentation within the next ten (10) days so we can properly evaluate this case.
Very truly yours,
/s/ Randy R. Ice
Randy R. Ice
Email: Randy.Ice@allstate.com
Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB
CLIENT LEGAL SERVICES
All Attorneys and Staff are Employees of
Allstate Insurance Company
This Office is not a Partnership or a Corporation
P.O. Box 832
Hudson, Ohio 44236
Toll-Free: (877) 376-7011 www.allstate.com/staffcounselcleveland Facsimile: (877) 710-4778
Attorney Administrative Assistant Paralegal
(216) 212-8490 (216) 771-6411 (216) 771-4249
October 24, 2023
Nomiki P. Tsarnas, Esq.
Kisling, Nestico & Redick, LLC - Poland
22 E. McKinley Way, Suite A
Poland, OH 44514-2066
Re: Gatens v. Drain et al.
Court Number: CV 23 982361
Date of Loss: August 05, 2021
Our File Number: 0636082026.1
Dear Ms. Tsarnas:
Reference is made to my letter of October 3, 2023 which requests that you respond to Interrogatories
and Request for Production of Documents which were forwarded to your office on August 24, 2023. To
date we have not received a response to these discovery materials. We must have this documentation to
evaluate the case properly.
Please forward this material immediately so we can properly prepare this matter for settlement or
litigation and avoid the necessity of filing a Motion to Compel.
Very truly yours,
/s/ Randy R. Ice
Randy R. Ice
Email: Randy.Ice@allstate.com
Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion to Compel was served electronically on
November 9, 2023, to the following:
Nomiki P. Tsarnas, Esq.
Kisling, Nestico & Redick, LLC
22 E. McKinley Way, Suite A
Poland, OH 44514
E-Mail: tsarnas@knrlegal.com
Attorney for Plaintiff,
Jennifer Gatens
Michele L. Riemer, Esq.
603 Alpha Drive, Box ON11
Highland Heights, OH 44143-2114
E-Mail: Michele Riemer@progressive.com
Attorney for Defendant,
Progressive Specialty Insurance Company
/s/ Randy R. Ice________
Randy R. Ice, Esq.
Attorney for Defendant
Holland Catherine Drain and
Heather Quinn Cassidy-Drain
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Motion No. 5130199 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... November 9,2023 13:51 By: RANDY R. ICE 0079449 Confirmation Nbr. 3014096 JENNIFER GATENS CV 23 982361 vs. Judge: SHIRLEY STRICKLAND SAFFOLD HOLLAND CATHERINE DRAIN, ET AL Pages Filed: 5 Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB 0636082026.1 IN the court of common pleas CUYAHOGA COUNTY, OHIO JENNIFER GATENS, CASE NO.: CV 23 982361 Plaintiff, JUDGE: SHIRLEY STRICKLAND SAFFOLD vs. HOLLAND CATHERINE DRAIN, et MOTION TO COMPEL al., Defendants. Now come Defendants, Holland Catherine Drain and Heather Quinn Cassidy-Drain, in the above captioned case, by and through counsel, and moves this Honorable Court, pursuant to Ohio Civil Rule 37(A), for an Order compelling Jennifer Gatens to comply with discovery requests. On August 24, 2023, Defendant served Jennifer Gatens with Interrogatories and Requests for Production of Documents. Having not received the discovery timely, Defendant wrote to Plaintiff requesting compliance and stating the intention of the Defendant to seek an order pursuant to Ohio Rule 37(A). This correspondence is marked as “Exhibit A” and is attached hereto and incorporated by reference. To date, discovery requests and the subsequent correspondence remain unanswered. Ohio Civil Rule 37(A) states in pertinent part: If a deponent fails to answer a question propounded or submitted Electronically Filed 11/09/2023 IMbTlUNI CV239@2Sfe1 /feOtoifoaflSKW 3014096 submitted under Rule 34, fails to respond to that inspection or fails 1 to permit inspection as requested, the discovering party may move for an order compelling an answer or an order compelling inspection in accordance with the request. Because of the failure of Plaintiffs to comply with discovery and because of the further failure of the Plaintiffs to respond to follow-up correspondence, there is no alternative but to seek the intervention of the Court. Accordingly, the Court should issue an Order pursuant to Ohio Rule 37(A). /s/ Randy R. Ice__________ Randy R. Ice, Esq. (0079449) P.O. Box 832 Hudson, OH 44236 Telephone: (216) 212-8490 Fax Number: (877) 710-4778 Email: Randy.Ice@allstate.com Attorney for Defendants Holland Catherine Drain and Heather Quinn Cassidy-Drain Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB EXHIBIT A CLIENT LEGAL SERVICES All Attorneys and Staff are Employees of Allstate Insurance Company This Office is not a Partnership or a Corporation P.O. Box 832 Hudson, Ohio 44236 Toll-Free: (877) 376-7011 www.allstate.com/staffcounselcleveland Facsimile: (877) 710-4778 Attorney Administrative Assistant Paralegal (216) 212-8490 (216) 771-6411 (216) 771-4249 October 3, 2023 Nomiki P. Tsarnas, Esq. Kisling, Nestico & Redick, LLC - Poland 22 E. McKinley Way, Suite A Poland, OH 44514-2066 Re: Gatens v. Drain et al. Court Number: CV 23 982361 Date of Loss: August 05, 2021 Our File Number: 0636082026.1 Dear Ms. Tsarnas: Reference is made to the Interrogatories and Request for Production of Documents which were forwarded to your office on August 24, 2023. To date we have not received a response to these discovery requests. Please forward this documentation within the next ten (10) days so we can properly evaluate this case. Very truly yours, /s/ Randy R. Ice Randy R. Ice Email: Randy.Ice@allstate.com Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB CLIENT LEGAL SERVICES All Attorneys and Staff are Employees of Allstate Insurance Company This Office is not a Partnership or a Corporation P.O. Box 832 Hudson, Ohio 44236 Toll-Free: (877) 376-7011 www.allstate.com/staffcounselcleveland Facsimile: (877) 710-4778 Attorney Administrative Assistant Paralegal (216) 212-8490 (216) 771-6411 (216) 771-4249 October 24, 2023 Nomiki P. Tsarnas, Esq. Kisling, Nestico & Redick, LLC - Poland 22 E. McKinley Way, Suite A Poland, OH 44514-2066 Re: Gatens v. Drain et al. Court Number: CV 23 982361 Date of Loss: August 05, 2021 Our File Number: 0636082026.1 Dear Ms. Tsarnas: Reference is made to my letter of October 3, 2023 which requests that you respond to Interrogatories and Request for Production of Documents which were forwarded to your office on August 24, 2023. To date we have not received a response to these discovery materials. We must have this documentation to evaluate the case properly. Please forward this material immediately so we can properly prepare this matter for settlement or litigation and avoid the necessity of filing a Motion to Compel. Very truly yours, /s/ Randy R. Ice Randy R. Ice Email: Randy.Ice@allstate.com Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Compel was served electronically on November 9, 2023, to the following: Nomiki P. Tsarnas, Esq. Kisling, Nestico & Redick, LLC 22 E. McKinley Way, Suite A Poland, OH 44514 E-Mail: tsarnas@knrlegal.com Attorney for Plaintiff, Jennifer Gatens Michele L. Riemer, Esq. 603 Alpha Drive, Box ON11 Highland Heights, OH 44143-2114 E-Mail: Michele Riemer@progressive.com Attorney for Defendant, Progressive Specialty Insurance Company /s/ Randy R. Ice________ Randy R. Ice, Esq. Attorney for Defendant Holland Catherine Drain and Heather Quinn Cassidy-Drain Electronically Filed 11/09/2023 13:51 / MOTION / CV 23 982361 / Confirmation Nbr. 3014096 / CLMHB 4