Dwayne Webb Vs. Clayton Rupanovic, Et Al

CASE FILED: COMPLAINT

ANSWER FILED BY DEFENDANT(S) CLAYTON RUPANOVIC(D1) and SOURCE ONE ADJUSTERS OF OHIO, INC.(D2) ATTORNEY KYLE A JOHNSON 0091050 DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT

DEFENDANTS' MOTION FOR CONSOLIDATION WAS DENIED IN LOWER CASE NO CV-20-933159 ON 2/23/2021. NOTICE ISSUED

MOTION TO CONSOLIDATE FILED DEFENDANTS' MOTION FOR CONSOLIDATION 04/14/2021 - DENIED

SUMS COMPLAINT(44177878) SENT BY REGULAR MAIL SERVICE. TO: SOURCE ONE ADJUSTERS OF OHIO, INC. 788 ELM RIDGE AVENUE CANAL FULTON, OH 44164 ANSWER DATE: 05/13/2021

PURSUANT TO THE DISMISSAL ENTRY FILED 3/2/2022, THIS CASE HAS SETTLED. THIS CASE IS HEREBY DISMISSED WITH PREJUDICE AT DEFENDANT CLAYTON RUPANOVIC'S COST. THE COURT TO RETAIN JURISDICTION OVER ENFORCING THE TERMS OF THE SETTLEMENT. COURT COST ASSESSED AS DIRECTED. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED

MEDIATION HEARING HELD. CASE DID NOT SETTLE AND IS RETURNED TO THE DOCKET OF JUDGE SHERRIE MIDAY (370). NOTICE ISSUED

CMC BY PHONE HELD. THE PARTIES AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE: CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR. MEDIATION TO COMMENCE AFTER 8/2/2021. MEDIATION TO CONCLUDE BY 11/1/2021. DISCOVERY CUT-OFF 08/02/2021 PARTY WITH THE BURDEN OF PROOF AS TO A PARTICULAR ISSUE EXPERT REPORT DUE 09/01/2021 RESPONDING PARTY'S OPPOSING EXPERT REPORT DUE 10/01/2021 DISPOSITIVE MOTIONS DUE ON OR BEFORE 11/01/2021. ANY BRIEF IN OPPOSITION IS DUE WITHIN THIRTY (30) DAYS OF FILING DISPOSITIVE MOTION ANY REPLY BRIEF IN SUPPORT IS DUE WITHIN FOURTEEN (14) DAYS OF FILING BRIEF IN OPPOSITION. THE PARTIES ARE ENCOURAGED TO WORK TOGETHER FOR DISCOVERY DISPUTES. IF DISCOVERY DISPUTES REMAIN, THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY AT (216) 443-8590 BEFORE FILING ANY MOTIONS TO COMPEL AND A HEARING MAY BE SCHEDULED. UNSCHEDULED EVENT SET FOR 01/28/2022 AT 09:00 AM. UNSCHEDULED EVENT/NON-ORAL HEARING ON DISPOSITIVE MOTIONS. NEITHER COUNSEL NOR PARTIES TO APPEAR AND A RULING ON THE DISPOSITIVE MOTIONS WILL BE MADE ON OR BEFORE THIS DATE. FINAL PRETRIAL SET FOR 02/10/2022 AT 01:30 PM. VIA VIDEO CONFERENCE. A VIDEO CONFERENCE LINK WILL BE EMAILED TO ALL PARTIES/COUNSEL OF RECORD. PARTIES TO SERVE AND FILE PRETRIAL STATEMENT NO LESS THAN ONE WEEK PRIOR TO THE FINAL PRETRIAL. ALL PARTIES AND CHOSEN REPRESENTATIVES MUST BE PRESENT VIA VIDEO CONFERENCE AT THE FINAL PRETRIAL WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY. IF THE REAL PARTY IN INTEREST IS AN INSURANCE COMPANY, CORPORATION, COMMON CARRIER, OR OTHER ARTIFICIAL ENTITY, THEN THE CHOSEN REPRESENTATIVE MUST BE THE PERSON WITH FULL, FINAL, AND IMMEDIATE AUTHORITY TO NEGOTIATE AND ENTER INTO A BINDING SETTLEMENT AGREEMENT AS TO ALL CLAIMS. FAILURE TO APPEAR VIA VIDEO CONFERENCE BY ANY PARTY/REPRESENTATIVE WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY SHALL CONSTITUTE A VIOLATION OF THIS ORDER AND MAY RESULT IN SANCTIONS INCLUDING, BUT NOT LIMITED TO, AN AWARD OF COSTS AND ATTORNEY FEES INCURRED BY THE OTHER PARTIES IN CONNECTION WITH THE CONFERENCE, AS WELL AS OTHER APPROPRIATE SANCTIONS AGAINST THE NONCOMPLYING PARTY AND/OR COUNSEL. IN ADDITION, THE COURT WILL SCHEDULE A HEARING WHICH SAID PARTY/REPRESENTATIVE SHALL BE REQUIRED TO ATTEND PERSONALLY AND SHOW CAUSE WHY S/HE SHOULD NOT BE HELD IN CONTEMPT OF COURT. TRIAL BY JURY SET FOR 03/08/2022 AT 09:00 AM. PARTIES SHALL SUBMIT TRIAL BRIEFS, MOTIONS IN LIMINE, JURY INTERROGATORIES AND JURY INSTRUCTIONS, NO LATER THAN FOURTEEN (14) DAYS BEFORE TRIAL. TRIAL BRIEFS ARE TO INCLUDE: A STATEMENT OF THE FACTS; A DISCUSSION OF THE CONTROLLING LAW; ANY STIPULATIONS; WITNESS LIST ALONG WITH A BRIEF DESCRIPTION OF THE SUBJECT MATTER OF THE TESTIMONY OF EACH WITNESS; EXHIBIT LIST CONTAINING A BRIEF DESCRIPTION OF EACH EXHIBIT. WITNESSES OR EXHIBITS NOT LISTED IN THE TRIAL BRIEF SHALL NOT TESTIFY OR BE INTRODUCED AT TRIAL ABSENT A SHOWING OF GOOD CAUSE. OPPOSING BRIEFS TO MOTIONS IN LIMINE SHALL BE FILED NO LATER THAN SEVEN (7) DAYS BEFORE TRIAL. COUNSEL FOR THE PARTIES ARE REQUIRED TO CONFER WITH ONE ANOTHER WITH RESPECT TO THE PROPOSED JURY INTERROGATORIES/INSTRUCTIONS, WITH A VIEW TO REACHING AGREEMENT ON INTERROGATORIES/INSTRUCTIONS TO BE REQUESTED. THE INTERROGATORIES/INSTRUCTIONS AGREED UPON BY ALL COUNSEL SHALL BE IDENTIFIED. DISPUTED INTERROGATORIES/INSTRUCTIONS SHALL LIKEWISE BE IDENTIFIED ALONG WITH SEPARATE CITATION TO LEGAL AUTHORITY FOR EACH. COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR ENSURING THAT A COPY OF THE PROPOSED JURY INSTRUCTIONS, INTERROGATORIES AND VERDICT FORMS ARE EMAILED IN WORD FORMAT TO THE STAFF ATTORNEY AT JWU@CUYAHOGACOUNTY. US AT LEAST FOURTEEN (14) DAYS BEFORE THE SCHEDULED TRIAL DATE. EXHIBITS SHALL BE BOUND AND MARKED BEFORE TRIAL AND SUBMITTED TO THE COURT PRIOR TO TRIAL. EACH PARTY SHALL INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF THE COURT. ALL POSSIBLE STIPULATIONS ARE TO BE MADE PRIOR TO TRIAL. PARTIES SHALL PREPARE A STIPULATED STATEMENT OF THE CASE FOR THE COURT TO READ TO THE JURY PURSUANT TO CIV. R. 47(A). A PRE-TRIAL MOTION HEARING MAY BE SCHEDULED BY THE COURT. IN THE EVENT THE COURT IS ENGAGED IN TRIAL THIS MATTER MAY BE REFERRED TO A VISITING JUDGE. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS OR DISMISSAL OF THIS CASE. NOTICE ISSUED

CMC BY PHONE SET FOR 04/20/2021 AT 03:00 PM 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

THE PARTIES HAVE INFORMED THE COURT THAT ALL CLAIMS IN THIS MATTER HAVE SETTLED. DISMISSAL ENTRY TO BE SUBMITTED WITHIN 30 DAYS OF THIS ORDER NOTICE ISSUED

SUMS COMPLAINT(43534470) SENT BY CERTIFIED MAIL. TO: SOURCE ONE ADJUSTERS OF OHIO, INC. 788 ELM RIDGE AVENUE CANAL FULTON, OH 44164

NOTICE OF APPEARANCE, FILED P1 DWAYNE WEBB MICHAEL S SCHROEDER 0065267. NOTICE OF APPEARANCE

SUMS COMPLAINT(43534471) SENT BY CERTIFIED MAIL. TO: ROBERT H. BLOWERS, JR. 2306 LOCUST STREET FULTON, OH 44614

INSTRUCTION FOR SERVICE ON COMPLAINT. SERVICE REQUEST SUMMONS BY SPECIAL PROCESS SERVER FOR PERSONAL SERVICE ON THE DEFENDANT(S). FILED.

BRIEF IN OPPOSITION FILED BY P1 DWAYNE WEBB DAVID J. JANSKY 0084749 BRIEF IN OPPOSITION

MOTION TO CONSOLIDATE FILED DEFENDANTS' MOTION FOR CONSOLIDATION