Shawnia A. Kelly Vs. Cleveland Clinic Foundation, Et Al.

DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D1) and FAIRVIEW HOSPITAL(D2)'S MOTION FOR JUDGMENT ON THE PLEADINGS. DANIEL C EGGER 0096903 DEFENDANTS CLEVELAND CLINIC FOUNDATION AND FAIRVIEW HOSPITAL'S MOTION FOR JUDGMENT ON THE PLEADINGS 10/30/2023 - DENIED

WAIVER OF SER. OF SUM. REQUEST(51914976) SENT BY PLAINTIFF. TO: FAIRVIEW HOSPITAL 4400 EASTON COMMONS WAY, STE. 125 COLUMBUS, OH 43219

PT/CMC REMAINS SET FOR 11/13/23 AT WHICH TIME THE COURT WILL SET ALL DATES FOR THE CASE. NOTICE ISSUED

PLAINTIFFS RESPONSE TO MOTION FOR JUDGMENT ON THE PLEADINGS IS DUE TO THE COURT ON OR BEFORE 4PM ON 10/27/23. NO REPLY BRIEFS. COURTESY COPIES REQUIRED AS PER STANDING ORDER. NOTICE ISSUED

CASE MGMNT CONFERENCE SET FOR 11/13/2023 AT 01:45 PM. THIS CASE IS SET FOR A PRETRIAL/CASE MANAGEMENT CONFERENCE. COUNSEL FOR PLAINTIFF(S) SHALL INFORM ALL OPPOSING COUNSEL AND/OR PRO SE PARTIES OF THIS DATE AND TIME. COUNSEL FOR ALL PARTIES ARE REQUIRED TO BE PRESENT IN PERSON AND TO BE FAMILIAR WITH THE UNDERLYING FACTS OF THE CASE. PARTIES NOT REPRESENTED BY COUNSEL ARE ALSO REQUIRED TO BE PERSONALLY PRESENT. FAILURE OF ANY PARTYS COUNSEL OR PRO SE PARTY TO APPEAR AT ANY SCHEDULED EVENT DURING THE PENDENCY OF THIS CASE MAY RESULT IN DISMISSAL WITH PREJUDICE FOR FAILURE TO PROSECUTE AND/OR JUDGMENT BEING RENDERED. IF A CONTINUANCE IS SOUGHT FOR ANY REASON, THE APPROPRIATE MOTION MUST BE FILED NO LESS THAN 7 DAYS BEFORE THE SCHEDULED EVENT, AND THE COURT PROVIDED WITH A COURTESY COPY ON THE DATE OF FILING. DO NOT CALL THE COURT TO REQUEST A CONTINUANCE. NO CONSIDERATION WILL BE GIVEN TO REQUESTS NOT MADE IN WRITING, DOCKETED AND WITHIN THE TIMEFRAME ABOVE, ABSENT AN EMERGENCY. THE COURT REQUIRES A COURTESY COPY OF ALL PLEADINGS IN EXCESS OF 5 PAGES, TO BE MAILED OR HAND-DELIVERED TO THE COURT. E-FILING DOES NOT CONSTITUTE A COURTESY COPY. PLEADINGS 5 PAGES, OR LESS, IN LENGTH MAY BE FAXED TO THE COURT 216-348-4036. PLEADINGS OF 5 PAGES OR LESS THAT ARE E-FILED DO NOT NEED TO BE FAXED OR DELIVERED TO THE COURT. PARTIES WISHING TO PERFECT SERVICE BY SPECIAL PROCESS SERVER IN ANY GIVEN CASE MUST FIRST FILE A SEPARATE MOTION TO APPOINT A SPECIAL PROCESS SERVER DIRECTLY WITH JUDGE NANCY MARGARET RUSSO. FAILURE TO OBTAIN THE EXPRESS PERMISSION OF JUDGE NANCY MARGARET RUSSO BEFORE ATTEMPTING SERVICE BY SPECIAL PROCESS SERVER MAY RESULT IN THE COURT STRIKING SUCH SERVICE ATTEMPTS. MOTIONS TO APPOINT SPECIAL PROCESS SERVERS MUST HAVE A PROPOSED ORDER ATTACHED TO THE MOTION FOR THE COURT'S REVIEW AND SIGNATURE. (THE PROPOSED ORDER SHOULD NOT BE FILED ON THE DOCKET, BUT IT MUST BE ATTACHED TO THE MOTION). IN THE EVENT THE PT/CMC IS CONVERTED TO A PHONE PT/CMC, THE PARTIES ARE REQUIRED TO CALL THE COURT AT THE SCHEDULED TIME. FAILURE TO TIMELY CONTACT THE COURT MAY RESULT IN SANCTIONS, INCLUDING DISMISSAL. FAILURE TO COMPLY WITH ANY PORTION OF THE COURTS STANDING ORDERS, INCLUDING THIS ORDER, MAY RESULT IN A DISMISSAL WITHOUT PREJUDICE, JUDGMENT OR OTHER SANCTIONS. PARTIES ARE TO ABIDE BY THE COURTS STANDING ORDERS CONTAINED HEREIN AND LOCATED AT: HTTPS://CP.CUYAHOGACOUNTY.US/COURT-RESOURCES/JUDGES/JUDGE-NANCY-MARGARET-RUSSO/ NOTICE ISSUED

ANSWER FILED BY DEFENDANT(S) CLEVELAND CLINIC FOUNDATION(D1) and FAIRVIEW HOSPITAL(D2) ATTORNEY DANIEL C EGGER 0096903 ANSWER OF DEFENDANTS, CLEVELAND CLINIC FOUNDATION AND FAIRVIEW HOSPITAL TO PLAINTIFF'S COMPLAINT

CMC HELD. PARTIES APPEAR THROUGH COUNSEL. TRIAL ORDERS ISSUED OSJ. NOTICE ISSUED

WAIVER OF SERVICE OF SUMMONS RETURNED SIGNED ON 10/10/2023 WAIVER OF THE SERVICE OF SUMMONS

MOTION TO DISMISS DENIED. DATES AND ORDERS REMAIN AS SET. NOTICE ISSUED

I. STANDING ORDERS FOR CASE MANAGEMENT AND SCHEDULED DATES: COUNSEL ARE ADVISED AND NOTIFIED THAT THE FOLLOWING STANDING ORDERS SHALL BE IN EFFECT AND ARE BINDING UPON ALL COUNSEL, PARTIES, AND REPRESENTATIVES APPEARING IN MATTERS PENDING BEFORE THE HONORABLE NANCY MARGARET RUSSO. PT/CMC HELD. ALL NONEXPERT DISCOVERY TO BE COMPLETED ON OR BEFORE 01/29/2024 SETTLEMENT CONFERENCE SET FOR 01/31/2024 AT 02:00 PM. PLAINTIFF TO COMPLETE AND EXCHANGE EXPERT REPORTS ON OR BEFORE 02/05/2024. . DEFENDANT TO COMPLETE AND EXCHANGE EXPERT REPORTS ON OR BEFORE 03/08/2024. FINAL PRE-TRIAL SET 03/11/2024 AT 02:00 PM. TRIAL SET 03/25/2024 AT 10:00 AM. IN AN EFFORT TO EXTEND COURTESY TO ALL PARTIES AND TO ENSURE THE EFFICIENT ADMINISTRATION OF CASES, THE COURT ORDERS THAT: 1. ATTENDANCE AT SETTLEMENT CONFERENCES AND FINAL PRETRIALS: IN THE ABSENCE OF PRIOR COURT APPROVAL, THE FOLLOWING PERSONS MUST BE PERSONALLY PRESENT WITH FULL SETTLEMENT AUTHORITY AT THE SETTLEMENT CONFERENCE, FINAL PRETRIAL AND ONE-HALF HOUR BEFORE THE TRIAL FOR A FINAL SETTLEMENT CONFERENCE: ALL COUNSEL OF RECORD, ALL NAMED PARTIES AND INSUREDS, ADJUSTORS AND REPRESENTATIVES. IF A PARTY IS A CORPORATION OR GOVERNMENTAL ENTITY, THE REPRESENTATIVE OF THAT CORPORATION OR ENTITY (OTHER THAN COUNSEL OF RECORD) WITH FULL SETTLEMENT AUTHORITY (AUTHORITY TO SETTLE UP TO THE DEMAND SUBMITTED BY THE PLAINTIFF IN HIS/HER DEMAND LETTER; FOR A DESCRIPTION OF DEMAND LETTERS, SEE STANDING ORDERS FOR FINAL PRETRIALS BELOW). IF ANY PARTY REQUIRES APPROVAL BY AN INSURER OR ANOTHER TO SETTLE, THEN THE REPRESENTATIVE OF THE INSURER, OR THE PERSON WHOSE APPROVAL IS NEEDED, MUST APPEAR, WITH FULL SETTLEMENT AUTHORITY. NAMED INSUREDS MUST BE PRESENT, REGARDLESS OF ANY POLICY LANGUAGE THAT STATES THEIR APPROVAL IS NOT NECESSARY. FAILURE TO COMPLY WILL RESULT IN DISMISSAL, JUDGMENT OR SANCTIONS DEEMED APPROPRIATE BY THE COURT. SEE REPP V. HORTON (1974), 44 OHIO APP. 2D 63; SEE ALSO LOCAL RULE 21, GENERAL DIVISION, CUYAHOGA COUNTY COURT OF COMMON PLEAS. THE COURT WILL CONSIDER REQUESTS FOR TELEPHONIC APPEARANCE ONLY UPON RECEIPT OF A WRITTEN MOTION. ANY SUCH MOTION MUST BE FILED, SUPPORTED BY GOOD CAUSE SHOWN, AND DELIVERED TO THE COURT AND OPPOSING COUNSEL NO LESS THAN 14 DAYS BEFORE THE SCHEDULED EVENT. 2. PRESENCE AT TRIAL: ALL NAMED PARTIES AND COUNSEL OF RECORD MUST BE PERSONALLY PRESENT FOR AND THROUGHOUT TRIAL UNLESS THE COURT HAS GRANTED A WRITTEN MOTION REQUESTING THE NONAPPEARANCE OF ANY COUNSEL OR PARTY. ANY SUCH MOTION MUST BE FILED, SUPPORTED BY GOOD CAUSE SHOWN, AND DELIVERED TO THE COURT AND OPPOSING COUNSEL NO LESS THAN 14 DAYS BEFORE THE SCHEDULED TRIAL DATE. DELIVERY TO THE COURT AND OPPOSING COUNSEL MAY BE MADE BY FAX. ADDITIONALLY, THE COURT WILL CONDUCT A SETTLEMENT CONFERENCE ONE-HALF HOUR BEFORE TRIAL. ALL PARTIES, COUNSEL, NAMED INSUREDS, ADJUSTORS, AND REPRESENTATIVES ARE TO BE PERSONALLY PRESENT WITH FULL SETTLEMENT AUTHORITY. 3. COMPLIANCE WITH SCHEDULED DEADLINES AND DATES: DATES FOR A SETTLEMENT CONFERENCE, FINAL PRETRIAL, TRIAL, NONEXPERT AND EXPERT DISCOVERY DEADLINES ARE SET AT THE PT/CMC, WITH ALL COUNSEL PRESENT. COUNSEL MAY NOT STIPULATE TO ALTER ANY DEADLINE OR DATE SET BY THE COURT. 4. REQUESTS FOR EXTENSION/CONTINUANCE: ANY REQUEST FOR CONTINUANCE OF ANY MATTER, INCLUDING ANY SCHEDULED PRETRIAL, SETTLEMENT CONFERENCE, FINAL PRETRIAL AND/OR TRIAL MUST BE MADE BY MOTION, SUPPORTED BY GOOD CAUSE SHOWN, AND FILED AND DELIVERED TO THE COURT AND OPPOSING COUNSEL NO LESS THAN 14 DAYS BEFORE THE SCHEDULED EVENT. COUNSEL MAY PERFECT THIS SERVICE BY FAXING A TIME-STAMPED COPY OF THE MOTION TO THE COURT (216-348-4036) AND OPPOSING COUNSEL ON THE DATE OF FILING. ANY REQUEST FOR CONTINUANCE OF TRIAL MUST BE SIGNED BY THE CLIENT, COMPLY WITH LOCAL RULE 17 AND CONTAIN A COPY OF THE POSTCARD OR DOCKET SETTING ANY PREVIOUSLY SCHEDULED TRIAL DATE. NO CONTINUANCE CAN BE CONSIDERED WITHOUT THIS INFORMATION. REQUESTS FOR A DISCOVERY EXTENSION, REQUESTS FOR A CONTINUANCE OF A SETTLEMENT CONFERENCE OR FINAL PRETRIAL, OR TO EXCUSE ANY PERSON FROM ATTENDING A SETTLEMENT CONFERENCE, FINAL PRETRIAL OR TRIAL, MUST BE MADE BY MOTION, NO LESS THAN 14 DAYS BEFORE THE DISCOVERY CUTOFF, SETTLEMENT CONFERENCE, FINAL PRETRIAL OR TRIAL. THE COURT WILL ENTERTAIN ORAL MOTIONS FOR CONTINUANCES, ACCELERATIONS OR EXTENSIONS, ONLY IN MATTERS OF EMERGENCY OR UNUSUAL SITUATIONS. 5. ABSENT AN EMERGENCY OR UNUSUAL SITUATION, THE COURT WILL NOT ENTERTAIN MOTIONS TO CONTINUE OR EXCUSE APPEARANCE NOT MADE IN ACCORDANCE WITH THIS ORDER. 6. ABSENT A RULING ON ANY PENDING MOTION, ALL DATES AND ORDERS REMAIN AS SET. 7. STIPULATIONS: CONSISTENT WITH THE PROVISIONS OF THE CIVIL RULES AND LOCAL RULE 8(C), THIS COURT WILL NOT CONSIDER OR SIGN STIPULATIONS FOR LEAVE TO PLEAD FOR ANY MATTER, OTHER THAN FOR AN INITIAL LEAVE TO RESPOND TO A COMPLAINT OR COUNTERCLAIM. 8. PROTECTIVE ORDERS/MOTIONS TO QUASH: CONSISTENT WITH THE PROVISIONS OF CIVIL RULE 26(C), ANY COUNSEL SEEKING A PROTECTIVE ORDER MUST FIRST MAKE A REASONABLE EFFORT TO RESOLVE THE MATTER WITH THE ATTORNEY OR UNREPRESENTED PARTY SEEKING DISCOVERY. ANY MOTION FOR PROTECTIVE ORDER MUST ALSO CONTAIN A STATEMENT RECITING THE EFFORTS MADE TO RESOLVE THE MATTER. FURTHER, WRITTEN MOTIONS FOR PROTECTIVE ORDERS AND/OR MOTIONS TO QUASH MUST BE TIMELY FILED AND COURTESY COPIES HAND-DELIVERED OR FAXED TO THE COURT AND OPPOSING COUNSEL DURING NORMAL WORKING HOURS, ON THE DAY OF FILING. FAILURE TO FULLY COMPLY MAY RESULT IN A DENIAL OF A MOTION AND/OR SANCTIONS, WHERE DEEMED APPROPRIATE BY THE COURT. THE COURT WILL ENDEAVOR TO CONDUCT A PRETRIAL TO RESOLVE THE MATTER, WITHIN 48 HOURS OF RECEIPT. 9. COURTESY COPIES: COURTESY COPIES OF ALL PLEADINGS AND MOTIONS MUST BE DELIVERED TO THE OFFICE OF JUDGE NANCY MARGARET RUSSO, ON THE DATE OF FILING. THE COURT DOES NOT REQUIRE COPIES OF PAPER DISCOVERY REQUESTS OR RESPONSES. NO REPLY BRIEFS ARE TO BE FILED ABSENT EXPRESS LEAVE OF THE COURT. THE COURT WILL STRIKE ANY REPLY BRIEFS FILED WITHOUT LEAVE. 10. FAX NUMBERS: THIS COURT REGULARLY FAXES ORDERS AND DECISIONS, IN ORDER TO TIMELY INFORM COUNSEL OF MATTERS PERTAINING TO THE CASE. THEREFORE, COUNSEL ARE REQUESTED TO PROVIDE THIS COURT WITH THEIR FAX NUMBERS, BY PLACING SAME ON PLEADINGS FILED WITH JUDGE NANCY MARGARET RUSSO. THE COURT'S FAX NUMBER IS 216-348-4036. THIS COURT RETAINS JURISDICTION OVER ALL POST-JUDGMENT MOTIONS, INCLUDING, BUT NOT LIMITED TO, MOTIONS TO ENFORCE SETTLEMENT, MOTIONS TO VACATE, MOTIONS TO COMPEL, MOTIONS FOR COSTS OR ATTORNEY FEES, AND/OR MOTIONS FOR SANCTIONS. II. STANDING ORDERS FOR FINAL PRETRIALS: 1) EXCHANGE OF DEMAND AND OFFER: CONSIDERATION OF SETTLEMENT IS A SERIOUS MATTER, WHICH WARRANTS THOROUGH PREPARATION. THE FINAL PRETRIAL IS MOST LIKELY TO BE PRODUCTIVE IF THE PARTIES HAVE CLEARLY COMMUNICATED THEIR SETTLEMENT POSITIONS. THEREFORE, PLAINTIFF'S COUNSEL IS ORDERED TO SERVE UPON DEFENDANT(S) COUNSEL, AND THE COURT VIA FAX AT (216) 348-4036, ON OR BEFORE 02/26/2024, A LETTER WHICH CONTAINS THE FOLLOWING: A) A BRIEF SUMMARY OF THE EVIDENCE AND LEGAL PRINCIPLES WHICH THE PLAINTIFF(S) ASSERTS SUPPORTS THE LIABILITY OF THE DEFENDANT(S); B) A BRIEF EXPLANATION OF WHY PLAINTIFF WILL PREVAIL AT TRIAL, AND WHY DAMAGES OR OTHER RELIEF WILL BE AWARDED AT THE CONCLUSION OF TRIAL; C) THE SETTLEMENT DEMAND; AND D) A BRIEF EXPLANATION OF THE RATIONALE BEHIND THE DEMAND; INCLUDING AN ITEMIZATION OF DAMAGES. DEFENDANT(S) COUNSEL IS ORDERED TO SERVE UPON PLAINTIFF(S) COUNSEL, AND THE COURT VIA FAX AT (216) 348-4036, ON OR BEFORE 03/04/2024, A RESPONSIVE LETTER WHICH STATES THE FOLLOWING: A) ANY POINTS IN PLAINTIFF(S) LETTER, WITH WHICH THE DEFENDANT(S) AGREE; B) ANY POINTS IN PLAINTIFF(S) LETTER, WITH WHICH THE DEFENDANT(S) DISAGREE; C) A SETTLEMENT OFFER; AND D) A BRIEF EXPLANATION OF THE RATIONALE BEHIND THE OFFER INCLUDING AN ITEMIZATION FOR EACH COMPONENT OF DAMAGES IDENTIFIED BY THE PLAINTIFF. COPIES OF THESE LETTERS ARE NOT TO BE FILED WITH THE CLERK, AS THEY ARE TO BE USED SOLELY TO FACILITATE DISCUSSION AND RESOLUTION OF THE CASE. THE LETTERS ARE INADMISSIBLE AT TRIAL. 2) PROCEDURE: THE COURT EXPECTS THE ATTORNEYS, PARTIES, ADJUSTORS, AND PARTY REPRESENTATIVES TO BE FULLY PREPARED TO PARTICIPATE IN FINAL PRETRIAL DISCUSSIONS. THE COURT ENCOURAGES ALL PARTIES TO FAIRLY ASSESS THEIR POSITIONS AND EXPLORE CREATIVE MEANS FOR RESOLVING THE CASE. 3) STATEMENTS INADMISSIBLE: THE WRITTEN EXCHANGES, DEMANDS AND OFFERS REQUIRED BY THIS ORDER, AND ANY STATEMENTS MADE BY ANY PERSON DURING SETTLEMENT DISCUSSIONS OR THE FINAL PRETRIAL, ARE NOT ADMISSIBLE AT TRIAL. THE COURT EXPECTS ALL PERSONS TO ADDRESS EACH OTHER WITH COURTESY AND RESPECT, AND ALSO ENCOURAGES A FRANK AND HONEST DISCUSSION OF THE CASE, WITH A GOAL TOWARDS RESOLUTION. 4) ISSUES FOR DISCUSSION AT THE FINAL PRETRIAL: ALL PARTIES, REPRESENTATIVES AND COUNSEL MUST BE PREPARED TO DISCUSS: A) EACH PARTY'S OBJECTIVES IN THE LITIGATION; B) THE ISSUES REQUIRING RESOLUTION; C) THE STRENGTHS/WEAKNESSES OF EACH PARTY'S RESPECTIVE POSITIONS; D) THE POINTS OF AGREEMENT/DISAGREEMENT AMONG THE PARTIES; BOTH FACTUAL AND/OR LEGAL; E) IMPEDIMENTS TO SETTLEMENT; AND F) POSSIBLE SOLUTIONS FOR RESOLUTION OF THE CASE. COUNSEL HAVE BEEN PROVIDED A COPY OF THIS ORDER AND ARE DIRECTED TO PROVIDE COPIES AND DISCUSS SAME WITH THEIR CLIENTS. THE COURT REQUIRES A COURTESY COPY OF ALL PLEADINGS BE DELIVERED TO CHAMBERS IN 18C ON THE DATE OF FILING; THE USE OF E-FILING DOES NOT SUPERSEDE THE STANDING ORDERS OF THE COURT; FAILURE TO COMPLY WITH ANY PORTION OF THE STANDING ORDERS MAY RESULT IN A DWOP. TRIAL ORDERS ISSUED OSJ TO:. NOTICE ISSUED

WAIVER OF SERVICE OF SUMMONS RETURNED SIGNED ON 10/06/2023 WAIVER OF THE SERVICE OF SUMMONS

BRIEF IN OPPOSITION FILED BY P1 SHAWNIA A. KELLY JACQUENETTE S. CORGAN 0072778 PLAINTIFF'S RESPONSE IN OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS