SHAINA WHYE ET AL. vs. LEWIS BATTAGLIA ET AL.

NOTICE FILED BY D3 OHIO DEPT. OF MEDICAID ATTORNEY MARSHAL M. PITCHFORD 0071202 DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAIDS NOTICE OF VOLUNTARY DISMISSAL OF CROSSCLAIMS

BECAUSE THE PLAINTIFFS AND THIRD PARTY DEFENDANT GO INSURANCE ALL FILED NOTICES OF DISMISSAL OF THEIR RESPECTIVE CLAIMS ON MARCH 28, 2023, NO AFFIRMATIVE CLAIMS REMAIN PENDING IN THIS CASE. ACCORDINGLY, THIS CASE IS DISMISSED WITHOUT PREJUDICE. COURT COST ASSESSED AS DIRECTED. NOTICE ISSUED

NOTICE FILED BY D4 GO INSURANCE ATTORNEY BRADLEY K. SHAFER 0066466 THIRD PARTY PLAINTIFF NOTICE OF VOLUNTARY DISMISSAL

NOTICE FILED BY PLAINTIFF(S) SHAINA WHYE(P1), ASIA GATES(P2) and KADENCE GARRETT(P3) ATTORNEY MURRAY RICHELSON 0021112 VOLUNTARY DISMISSAL

MOTION FILED FOR D3 OHIO DEPT. OF MEDICAID MARSHAL M. PITCHFORD 0071202 MOTION FOR JUDGMENT IN THE EVENT OF VERDICT FOR PLAINTIFF AND TO EXCUSE ATTENDANCE AT TRIAL 04/11/2023 - UNKNOWN

THE PLAINTIFFS FILED THIS LAWSUIT ON JUNE 15, 2022, ALLEGING THAT ALL THREE OF THEM WERE INJURED BY DEFENDANT LEWIS BATTAGLIAS NEGLIGENCE IN A JUNE 27, 2021, CAR ACCIDENT, AND THAT PLAINTIFF WHYE WAS INJURED BY DEFENDANT SEAN DILLARDS NEGLIGENCE IN A JANUARY 27, 2022, CAR ACCIDENT THAT HAPPENED IN EAST CLEVELAND. THE COMPLAINT ALSO ALLEGES THAT BOTH INDIVIDUAL DEFENDANTS WERE UNINSURED, AND DEFENDANT GO INSURANCE WAS SUED FOR UNINSURED MOTORISTS AND MEDICAL PAYMENTS COVERAGES. ON OCTOBER 24, 2022, A TRIAL OF THE COMPLAINT WAS SET FOR APRIL 11, 2023. THE PLAINTIFF FAILED TO PERFECT SERVICE ON DEFENDANT DILLARD AND HE MOVED TO DISMISS THE COMPLAINT AGAINST HIM FOR WANT OF PROSECUTION. THE MOTION WAS NOT OPPOSED AND WAS GRANTED ON JANUARY 26, 2023. THEN, ON FEBRUARY 7, 2023, THE PLAINTIFF FILED A MOTION CAPTIONED AS A MOTION FOR LEAVE TO ADD NECESSARY PARTY. THE ESSENCE OF THE MOTION IS THAT SEAN DILLARD WAS NOT THE OTHER DRIVER IN THE JANUARY 27, 2022, ACCIDENT; INSTEAD, THE DRIVER WAS LARRY SMITH AND/OR KELLY PARKS. THE MOTION CONCLUDED BY SEEKING LEAVE TO AMEND THE COMPLAINT AND SERVE IT ON LARRY SMITH AND KELLY PARKS. THAT MOTION WAS DENIED ON MARCH 6 FOR FAILURE TO COMPLY WITH THE COURTS RULES GOVERNING THE FILING OF AMENDED COMPLAINTS. THE PLAINTIFF THEN FILED THE SAME MOTION ON MARCH 7, WITH AN ATTACHED PROPOSED AMENDED COMPLAINT. BUT THE AMENDED COMPLAINT STILL NAMES SEAN DILLARD AS A DEFENDANT EVEN THOUGH THE AMENDED COMPLAINT IS DEVOID OF ANY FACTUAL ALLEGATIONS AGAINST DILLARD. AS A RESULT, THE MOTION FOR LEAVE TO FILE THE AMENDED COMPLAINT (WHICH IS STILL CAPTIONED AS A MOTION FOR LEAVE TO ADD NECESSARY PARTY) IS DENIED. TRIAL REMAINS SET FOR APRIL 11, 2023, AS SCHEDULED. NOTICE ISSUED

MOTION FILED FOR P1 SHAINA WHYE MURRAY RICHELSON 0021112 PLAINTIFFS AGREED MOTION TO CONTINUE TRIAL 04/11/2023 - UNKNOWN

MOTION FILED FOR PLAINTIFF(S) SHAINA WHYE(P1), ASIA GATES(P2) and KADENCE GARRETT(P3) MURRAY RICHELSON 0021112 PLAINTIFFS MOTION FOR LEAVE TO ADD NECESSARY PARTY 03/24/2023 - GRANTED

3RD PARTY COMPLAINT AGAINST 3RD PARTY COMPLAINT ....BRADLEY K. SHAFER (0066466) 75 GO INSURANCES THIRD PARTY COMPLAINT AGAINST LARRY SMITH AND KELLY PARKS WITH JURY DEMAND

THE PLAINTIFFS MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT, FILED 02/07/2023, IS DENIED FOR FAILURE TO ABIDE BY LOCAL RULE 8.0(C)(2). NOTICE ISSUED

DEFENDANT GO INSURANCE COMPANYS MOTION FOR LEAVE TO FILE A THIRD PARTY COMPLAINT AGAINST KELLY PARKS AND LARRY SMITH, FILED 12/30/2022, IS UNOPPOSED AND GRANTED. DEFENDANT GO INSURANCE MUST SEPARATELY FILE THE THIRD-PARTY COMPLAINT ATTACHED AS EXHIBIT ONE TO THE MOTION AND THEN OBTAIN SERVICE ON PARKS AND SMITH. NOTICE ISSUED

MOTION FILED FOR PLAINTIFF(S) SHAINA WHYE(P1), ASIA GATES(P2) and KADENCE GARRETT(P3) MURRAY RICHELSON 0021112 PLAINTIFFS MOTION FOR LEAVE TO ADD NECESSARY PARTY 03/06/2023 - DENIED

DEFENDANT DILLARDS MOTION TO DISMISS THE COMPLAINT AGAINST HIM FOR WANT OF PROSECUTION, FILED 1/5/2023, IS UNOPPOSED AND GRANTED. THIS DISMISSAL IS WITHOUT PREJUDICE. NOTICE ISSUED

MOTION TO DISMISS FILED MOTION TO DISMISS OF DEFENDANT DILLARD 01/26/2023 - UNOPPOSED AND GRANTED

MOTION FOR LEAVE TO FILE ANSWER INSTANTER GO INSURANCE COMPANYS MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT 03/06/2023 - UNOPPOSED AND GRANTED

NOTICE OF APPEARANCE, FILED D2 SEAN DILLARD PAUL R MORWAY 0088109. NOTICE OF APPEARANCE

ANSWER FILED BY D1 LEWIS BATTAGLIA ATTORNEY KEITH D THOMAS 0038533 ANSWER OF DEFENDANT LEWIS BATTAGLIA WITH DEMAND FOR DISCLOSURE OF PRAYER

THE PLAINTIFFS COUNSEL ORALLY INFORMED THE COURT THAT HE COULD NOT ATTEND THE PRETRIAL CONFERENCE SET FOR 9/27/2022. BY EMAIIL, THE COURT THEN ASKED ALL COUNSEL TO CONFER AND JOINTLY PROPOSE A TRIAL SCHEDULE. THAT REQUEST WAS REFUSED. ON THE COURTS OWN MOTION, THE FOLLOWING TRIAL SCHEDULE IS SET: TRIAL BY JURY SET FOR 04/11/2023 AT 09:00 AM. COURTROOM 18-D. NOTICE ISSUED

SUMS COMPLAINT(48647882) SENT BY CERTIFIED MAIL. TO: SEAN DILLARD 4470 GRANANDA BLVD APT 2 CLEVELAND, OH 44128-0000

REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE

SUMS COMPLAINT(48592431) SENT BY REGULAR MAIL SERVICE. TO: LEWIS BATTAGLIA 2785 LORETO DRIVE WILLOUGHBY HILLS, OH 44092 ANSWER DATE: 10/13/2022

NOTICE OF SUMMONS SERVICE RETURN FILED INSTRUCTIONS FOR SERVICE

PURSUANT TO R.C. 2323.311(B)(5), AN EVIDENTIARY HEARING ON THE PLAINTIFFS APPLICATION TO QUALIFY AS AN INDIGENT LITIGANT IS SET AS FOLLOWS, TO BE HELD IN COURTROOM 18-D OF THE JUSTICE CENTER, 1200 ONTARIO STREET, CLEVELAND: HEARING SET FOR 09/27/2022 AT 11:00 AM. THE TELEPHONE CASE MANAGEMENT CONFERENCE SET FOR THE SAME DATE AND TIME WILL BE HELD AT COURTROOM 18-D IN PERSON INSTEAD OF BY TELEPHONE. NOTICE ISSUED

DEFENDANT CRAWFORD US PROPERTY AND CASUALTYS MOTION TO DISMISS THE COMPLAINT AGAINST THEM FOR FAILURE TO STATE A CLAIM, FILED 7/6/2022, IS GRANTED AND THE COMPLAINT AGAINST CRAWFORD US PROPERTY AND CASUALTY IS DISMISSED. OTHERWISE, THE COMPLAINT REMAINS PENDING. NOTICE ISSUED

THIS CASE WAS CALLED FOR A CASE MANAGEMENT CONFERENCE ON AUGUST 8, 2022, AS SCHEDULED. THE PLAINTIFFS, AS WELL AS DEFENDANTS GO INSURANCE AND CRAWFORD US PROPERTY AND CASUALTY APPEARED THROUGH COUNSEL. THERE WAS NO APPEARANCE ON BEHALF OF THE DEPARTMENT OF MEDICAID. THE PARTIES REQUESTED ADDITIONAL TIME TO OBTAIN SERVICE ON DEFENDANTS LEWIS BATTAGLIA AND SEAN DILLARD. ACCORDINGLY, THE CASE MANAGEMENT CONFERENCE IS RESCHEDULED AS FOLLOWS: CMC BY PHONE SET FOR 09/27/2022 AT 11:00 AM. THE PLAINTIFFS COUNSEL MUST INITIATE THE CONFERENCE BY CONNECTING THE DEFENSE COUNSEL BEFORE CONTACTING THE COURT AT (216) 443-8549. NOTICE ISSUED

REQUEST FOR SERVICE FILED INSTRUCTIONS FOR SERVICE

ANSWER FILED BY D4 GO INSURANCE ATTORNEY BRADLEY K. SHAFER 0066466 ANSWER OF GO INSURANCE TO CROSS CLAIM OF DEFENDANT OHIO MEDICAID

ANSWER AND CROSSCLAIM 75 FOR DEFENDANT STATE OF OHIO DEPARTMENT OF MEDICAID

BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) SHAINA WHYE(P1), ASIA GATES(P2) and KADENCE GARRETT(P3) MURRAY RICHELSON 0021112 PLAINTIFFS BRIEF IN OPPOSTION TO DEFENDANTS MOTION TO DISMISS

CASE MGMNT CONFERENCE SET FOR 08/08/2022 AT 11:00 AM. THE PLAINTIFFS COUNSEL MUST INITIATE THE CONFERENCE BY CONNECTING THE DEFENSE COUNSEL BEFORE CONTACTING THE COURT AT (216) 443-8549. NOTICE ISSUED

MOTION TO DISMISS FILED RULE 12 MOTION TO DISMISS FILED BY CRAWFORD US PROPERTY AND CASUALTY 08/10/2022 - GRANTED

ANSWER AND CROSSCLAIM 75 ANSWER OF GO INSURANCE AND CROSSCLAIM AGAINST LEWIS BATTAGLIA AND SEAN DILLARD