Shiftmed, Llc Vs. Westchester Parkway Consulting, Llc, Et. Al

NOTICE FILED BY P1 SHIFTMED, LLC ATTORNEY JESSE MOSSER 0087861 NOTICE OF PLAINTIFF'S DISCOVERY REQUESTS

NOTICE OF SUMMONS SERVICE RETURN FILED USPS RECEIPT FOR TRACKING NO. 9314800113003548174365 DELIVERED BY USPS 04/27/2023 WESTLAKE ACRES NURSING AND REHABILITATION CENTER, LLC

CMC BY PHONE SET FOR 08/01/2023 AT 09:30 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

CASE CALLED FOR CMC BY PHONE. PLAINTIFF PRESENT THROUGH COUNSEL. DEFENDANT WESTLAKE ACRES NURSING AND REHABILITATION CENTER LLC PRESENT THROUGH COUNSEL. NO PARTICIPATION ON BEHALF OF ANY OTHER DEFENDANTS. PARTIES AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE: FACT DISCOVERY CUT-OFF 11/03/2023 PARTY WITH THE BURDEN OF PROOF AS TO A PARTICULAR ISSUE EXPERT REPORT DUE 12/01/2023 RESPONDING PARTY'S OPPOSING EXPERT REPORT DUE 12/29/2023 DISPOSITIVE MOTIONS DUE ON OR BEFORE 01/26/2023 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 04/05/2024 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 ABOUT THIS DATE. FINAL PRETRIAL SET FOR 04/16/2024 AT 02:30 PM. 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 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 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 05/07/2024 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 KTROUTEN@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

MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT STRATOP, LLC 08/11/2023 - GRANTED

MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT GOLDNER CAPITAL MANAGEMENT, LLC 08/11/2023 - GRANTED

SUMS COMPLAINT(50468387) SENT BY CERTIFIED MAIL. TO: WESTCHESTER PARKWAY CONSULTING, LLC C/O ACFB, INC. 200 PUBLIC SQUARE, SUITE 2300 CLEVELAND, OH 44114

NOTICE FILED BY P1 SHIFTMED, LLC ATTORNEY JESSE MOSSER 0087861 NOTICE OF SUMMONS SERVICE RETURN FILED USPS RECEIPT FOR TRACKING NO. 9314800113003548174327 DELIVERED BY USPS 04/27/2023 WESTCHESTER PKWY CONSULTING LLC

CMC BY PHONE SET FOR 06/21/2023 AT 11:00 AM. PLAINTIFF TO INITIATE CALL WITH ALL PARTIES AND THE STAFF ATTORNEY AT (216) 443-8590. ANY ATTORNEY OR UNREPRESENTED PARTY WHO IS NOT AVAILABLE WILL BE DEEMED TO HAVE WAIVED HIS/HER PARTICIPATION AND TO HAVE ACCEPTED THE CASE SCHEDULING ORDER ESTABLISHED BY THE COURT. IT IS THE RESPONSIBILITY OF EACH PARTY TO ENSURE THE CLERK OF COURT'S OFFICE LISTS A CORRECT PHONE NUMBER FOR THAT PARTY. PARTIES SHOULD NOT WAIT FOR THE CASE MANAGEMENT CONFERENCE BEFORE BEGINNING TO CONDUCT DISCOVERY. NOTICE ISSUED

CASE FILED ON 04/25/2023. SERVICE PERFECTED ON WESTCHESTER PARKWAY CONSULTING LLC ON 04/27/2023 BY CERTIFIED MAIL. PLAINTIFF FILED A MOTION FOR DEFAULT JUDGMENT ON 07/10/2023. HEARING ON THE MOTION FOR DEFAULT JUDGMENT WAS HELD ON 08/10/2023. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT WESTCHESTER PARKWAY CONSULTING LLC FAILED TO APPEAR. NO RESPONSIVE PLEADING WAS FILED ON THE COMPLAINT OR MOTION. BASED ON THE FOREGOING REASONS, THE COURT FINDS MOTION FOR DEFAULT JUDGMENT WELL TAKEN AND GRANTED. DEFAULT JUDGMENT ENTRY TO BE ISSUED BY SEPARATE ORDER. NOTICE ISSUED

CASE CALLED FOR CMC BY PHONE. PLAINTIFF PRESENT THROUGH COUNSEL. DEFENDANT WESTLAKE ACRES PRESENT THROUGH COUNSEL. NO OTHER DEFENDANTS APPEARED. CMC IS CONTINUED BY AGREEMENT OF THE PARTIES. CMC IS RESET BY SEPARATE ORDER. NOTICE ISSUED

CASE FILED ON 04/25/2023. SERVICE PERFECTED ON STRAT OP, LLC ON 05/11/2023 BY CERTIFIED MAIL. PLAINTIFF FILED A MOTION FOR DEFAULT JUDGMENT ON 07/10/2023. HEARING ON THE MOTION FOR DEFAULT JUDGMENT WAS HELD ON 08/10/2023. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT STRAT OP, LLC FAILED TO APPEAR. NO RESPONSIVE PLEADING WAS FILED ON THE COMPLAINT OR MOTION. BASED ON THE FOREGOING REASONS, THE COURT FINDS MOTION FOR DEFAULT JUDGMENT WELL TAKEN AND GRANTED. DEFAULT JUDGMENT ENTRY TO BE ISSUED BY SEPARATE ORDER. NOTICE ISSUED

DEFAULT HEARING SET FOR 09/07/2023 AT 02:30 PM. TELEPHONE DEFAULT HEARING FOR DEFENDANT SAMUEL GOLDNER. IN ORDER FOR THE DEFAULT HEARING TO GO FORWARD, PLAINTIFF MUST FILE WITH THE CLERK OF COURTS: (1) A JUDGMENT ENTRY; (2) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT ACCORDING TO STATUTE AND RULES, SERVICE REQUIREMENTS WERE MET; (3) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT A SEARCH HAS BEEN CONDUCTED AND DEFENDANT IS NOT A CURRENT MEMBER OF THE MILITARY; AND (4) AN AFFIDAVIT SIGNED BY THE PLAINTIFF, OR PLAINTIFF'S REPRESENTATIVE, PROVING DAMAGES. PARTIES TO CALL THE STAFF ATTORNEY AT 216-443-8590 AT THE TIME OF THE HEARING. PLAINTIFF TO NOTIFY ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME, DATE OF THE DEFAULT TELEPHONE HEARING, AND CONFERENCE CALL-IN INSTRUCTIONS, BY REGULAR AND CERTIFIED MAIL AT LEAST FOURTEEN (14) DAYS PRIOR TO THE TELEPHONE HEARING DATE. PLAINTIFF IS TO FILE DOCUMENTATION THAT DEFENDANT WAS NOTIFIED OF HEARING IN COMPLIANCE WITH THIS ORDER. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE OF DEFENDANT(S) TO APPEAR MAY RESULT IN DEFAULT JUDGMENT BEING GRANTED IN FAVOR OF THE PLAINTIFF. NOTICE ISSUED

CASE FILED ON 04/25/2023. SERVICE PERFECTED ON GOLDNER CAPITAL MANAGEMENT LLC ON 05/02/2023 BY CERTIFIED MAIL. PLAINTIFF FILED A MOTION FOR DEFAULT JUDGMENT ON 07/10/2023. HEARING ON THE MOTION FOR DEFAULT JUDGMENT WAS HELD ON 08/10/2023. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT GOLDNER CAPITAL MANAGEMENT LLC FAILED TO APPEAR. NO RESPONSIVE PLEADING WAS FILED ON THE COMPLAINT OR MOTION. BASED ON THE FOREGOING REASONS, THE COURT FINDS MOTION FOR DEFAULT JUDGMENT WELL TAKEN AND GRANTED. DEFAULT JUDGMENT ENTRY TO BE ISSUED BY SEPARATE ORDER. NOTICE ISSUED

DEFAULT HEARING SET FOR 08/10/2023 AT 03:00 PM. TELEPHONE DEFAULT HEARING. IN ORDER FOR THE DEFAULT HEARING TO GO FORWARD, PLAINTIFF MUST FILE WITH THE CLERK OF COURTS: (1) A JUDGMENT ENTRY; (2) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT ACCORDING TO STATUTE AND RULES, SERVICE REQUIREMENTS WERE MET; (3) AN AFFIDAVIT SIGNED BY THE PLAINTIFF'S ATTORNEY STATING THAT A SEARCH HAS BEEN CONDUCTED AND DEFENDANT IS NOT A CURRENT MEMBER OF THE MILITARY; AND (4) AN AFFIDAVIT SIGNED BY THE PLAINTIFF, OR PLAINTIFF'S REPRESENTATIVE, PROVING DAMAGES. PARTIES TO CALL THE STAFF ATTORNEY AT 216-443-8590 AT THE TIME OF THE HEARING. PLAINTIFF TO NOTIFY ALL PARTIES AGAINST WHOM DEFAULT JUDGMENT IS SOUGHT OF THE TIME, DATE OF THE DEFAULT TELEPHONE HEARING, AND CONFERENCE CALL-IN INSTRUCTIONS, BY REGULAR AND CERTIFIED MAIL AT LEAST FOURTEEN (14) DAYS PRIOR TO THE TELEPHONE HEARING DATE. PLAINTIFF IS TO FILE DOCUMENTATION THAT DEFENDANT WAS NOTIFIED OF HEARING IN COMPLIANCE WITH THIS ORDER. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION. FAILURE OF DEFENDANT(S) TO APPEAR MAY RESULT IN DEFAULT JUDGMENT BEING GRANTED IN FAVOR OF THE PLAINTIFF. NOTICE ISSUED

CASE FILED ON 04/25/2023. SERVICE PERFECTED ON SAMUEL GOLDNER ON 06/20/2023 BY CERTIFIED MAIL. PLAINTIFF FILED A MOTION FOR DEFAULT JUDGMENT ON 08/02/2023. HEARING ON THE MOTION FOR DEFAULT JUDGMENT WAS HELD ON 09/07/2023. PLAINTIFF APPEARED THROUGH COUNSEL. DEFENDANT SAMUEL GOLDNER FAILED TO APPEAR. NO RESPONSIVE PLEADING WAS FILED ON THE COMPLAINT OR MOTION. BASED ON THE FOREGOING REASONS, THE COURT FINDS MOTION FOR DEFAULT JUDGMENT WELL TAKEN AND GRANTED. DEFAULT JUDGMENT ENTRY TO BE ISSUED BY SEPARATE ORDER. NOTICE ISSUED

ANSWER FILED BY D3 WESTLAKE ACRES NURSING & REHABILITATION CENTER, LLC ATTORNEY YEHUDAH A. WITKES 0095687 ANSWER OF DEFENDANT WESTLAKE ACRES NURSING & REHABILITATION CENTER, LLC

SUMS COMPLAINT(50461581) SENT BY CERTIFIED MAIL. TO: WESTLAKE ACRES NURSING & REHABILITATION CENTER, LLC C/O ERIC SIMON 200 PUBLIC SQUARE, SUITE 3500 CLEVELAND, OH 44114

NOTICE FILED BY P1 SHIFTMED, LLC ATTORNEY JESSE MOSSER 0087861 NOTICE OF COMPLIANCE WITH AUGUST 11, 2023 ORDER AS TO DEFAULT JUDGMENT

CASE FILED: COMPLAINT

SUMS COMPLAINT(50461583) SENT BY CERTIFIED MAIL. TO: SAMUEL GOLDNER 1251 46TH ST., APT. 1 BROOKLYN, NY 11219

SUMS COMPLAINT(50461582) SENT BY CERTIFIED MAIL. TO: GOLDNER CAPITAL MANAGEMENT, LLC C/O DELAWARE CORPORATE SERVICES INC 919 N. MARKET ST., SUITE 725 WILMINGTON, DE 19801

SUMS COMPLAINT(50461579) SENT BY CERTIFIED MAIL. TO: WESTCHESTER PARKWAY CONSULTING, LLC C/O ACFB, INC. 200 PUBLIC SQUARE, SUITE 2300 CLEVELAND, OH 44114

SUMS COMPLAINT(50468385) SENT BY CERTIFIED MAIL. TO: WESTLAKE ACRES NURSING & REHABILITATION CENTER, LLC C/O ERIC SIMON 200 PUBLIC SQUARE, SUITE 3500 CLEVELAND, OH 44114

NOTICE FILED BY P1 SHIFTMED, LLC ATTORNEY JESSE MOSSER 0087861 NOTICE OF COMPLIANCE WITH JULY 12, 2023 ORDER AS TO DEFAULT JUDGMENT

PURSUANT TO STIPULATION FOR LEAVE TO PLEAD, DEFENDANT WESTLAKE ACRES NURSING AND REHABILITATION CENTER LLC'S ANSWER OR OTHER RESPONSIVE PLEADING TO BE FILED ON OR BEFORE 06/23/2023. NOTICE ISSUED

NOTICE FILED BY P1 SHIFTMED, LLC ATTORNEY JESSE MOSSER 0087861 NOTICE OF DEFAULT JUDGMENT PROPOSED ENTRIES FOR AUGUST 10, 2023 HEARING

MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT SAMUEL GOLDNER 09/12/2023 - GRANTED

MOTION FOR DEFAULT JUDGMENT MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT WESTCHESTER PARKWAY CONSULTING, LLC 08/11/2023 - GRANTED