On February 26, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Assunta Rossi,
Assunta Rossi Personalty Revocable Living Trust,
Robert V. Traci,
and
Chicago Title Company, Llc,
David Keehan,
D. J. Keehan,
Gh Holdings Llc,
Online Communications Llc,
Signature Building Concepts Llc,
Westlake Shadow Creek, Llc An Ohio Corporation,
for CONTRACT - REAL ESTATE
in the District Court of Cuyahoga County.
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120708684
120708684
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ASSUNTA ROSSI PERSONALTY REVOCABLE Case No: CV-21-944483
LIVING ET AL
Plaintiff Judge: MAUREEN CLANCY
D.J. KEEHAN ET AL
Defendant
JOURNAL ENTRY
THIS CASE IS BEFORE THE COURT ON DEFENDANTS' MOTION TO COMPEL. FILED 12/14/2021. PLAINTIFFS FILED AN
OPPOSITION ON 12/20/2021. IN ADDITION. THE PARTIES ADDRESSED THE MOTION AT THE 12/22/2021 HEARING.
UPON CONSIDERATION OF DEFENDANTS' MOTION. PLAINTIFFS' OPPOSITION. AND THE HEARING. THE COURT
FINDS THAT PLAINTIFFS SHALL RESPOND TO THE DISCOVERY SOUGHT BY DEFENDANTS' MOTION. PLAINTIFFS'
AMENDED COMPLAINT PUTS THE CONSTRUCTION OF THE PATIO SQUARELY AT ISSUE IN THIS MATTER. IN THEIR
AMENDED COMPLAINT. PLAINTIFFS ALLEGE THAT DEFENDANTS "INSTALLED THE PATIO KNOWINGLY IN
BREACH OF LOCAL CODES" AND MADE INTENTIONAL MISREPRESENTATIONS. INCLUDING "THAT [DEFENDANTS]
WOULD . . . ENSURE THAT THE PATIO WAS INSTALLED IN ACCORDANCE WITH CODE." (AMENDED COMPLAINT P.
24; 33.)
ACCORDINGLY. DEFENDANTS HAVE THE RIGHT TO PURSUE DISCOVERY REGARDING THAT PATIO AND ANY
RELATED LAWSUIT AND/OR SETTLEMENT. PLAINTIFFS SHALL RESPOND TO THE DISCOVERY SOUGHT BY
DEFENDANTS' MOTION WITHIN FOURTEEN DAYS OF THIS ENTRY. IF PLAINTIFFS FAIL TO COMPLY WITH THIS
ORDER. DEFENDANTS' MOTION WILL BE GRANTED.
Judge Signature 01/26/2022
01/21/2022
RECEIVED FOR FILING
01/26/2022 16:02:17
NAILAH K. BYRD. CLERK
Page 1 of 1
Document Filed Date
January 26, 2022
Case Filing Date
February 26, 2021
Category
CONTRACT - REAL ESTATE
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120708684 120708684 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ASSUNTA ROSSI PERSONALTY REVOCABLE Case No: CV-21-944483 LIVING ET AL Plaintiff Judge: MAUREEN CLANCY D.J. KEEHAN ET AL Defendant JOURNAL ENTRY THIS CASE IS BEFORE THE COURT ON DEFENDANTS' MOTION TO COMPEL. FILED 12/14/2021. PLAINTIFFS FILED AN OPPOSITION ON 12/20/2021. IN ADDITION. THE PARTIES ADDRESSED THE MOTION AT THE 12/22/2021 HEARING. UPON CONSIDERATION OF DEFENDANTS' MOTION. PLAINTIFFS' OPPOSITION. AND THE HEARING. THE COURT FINDS THAT PLAINTIFFS SHALL RESPOND TO THE DISCOVERY SOUGHT BY DEFENDANTS' MOTION. PLAINTIFFS' AMENDED COMPLAINT PUTS THE CONSTRUCTION OF THE PATIO SQUARELY AT ISSUE IN THIS MATTER. IN THEIR AMENDED COMPLAINT. PLAINTIFFS ALLEGE THAT DEFENDANTS "INSTALLED THE PATIO KNOWINGLY IN BREACH OF LOCAL CODES" AND MADE INTENTIONAL MISREPRESENTATIONS. INCLUDING "THAT [DEFENDANTS] WOULD . . . ENSURE THAT THE PATIO WAS INSTALLED IN ACCORDANCE WITH CODE." (AMENDED COMPLAINT P. 24; 33.) ACCORDINGLY. DEFENDANTS HAVE THE RIGHT TO PURSUE DISCOVERY REGARDING THAT PATIO AND ANY RELATED LAWSUIT AND/OR SETTLEMENT. PLAINTIFFS SHALL RESPOND TO THE DISCOVERY SOUGHT BY DEFENDANTS' MOTION WITHIN FOURTEEN DAYS OF THIS ENTRY. IF PLAINTIFFS FAIL TO COMPLY WITH THIS ORDER. DEFENDANTS' MOTION WILL BE GRANTED. Judge Signature 01/26/2022 01/21/2022 RECEIVED FOR FILING 01/26/2022 16:02:17 NAILAH K. BYRD. CLERK Page 1 of 1