On February 26, 2021 a
Order
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.
Preview
125694388
25694388
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 MATTER IS BEFORE THE COURT ON PLAINTIFF(S) ASSUNTA ROSSI PERSONALTY REVOCABLE LIVING TRUST
(Pl). ASSUNTA ROSSI (P2) AND ROBERT V. TRACI(P3) PRO SE 9999999 MOTION TO COMPEL DISCOVERY. FILED
06/05/2022. NEW PARTY DEFENDANTS DAVID KEEHAN AND GH HOLDINGS LLC FILED A RESPONSE ON 06/10/2022.
DEFENDANTS D.J. KEEHAN. WESTLAKE SHADOW CREEK. LLC. SIGNATURE BUILDING CONCEPTS. LLC. AND
ONLINE COMMUNICATIONS. LLC FILED A RESPONSE ON 06/13/2022. PLAINTIFFS FILED A REPLY TO DEFENDANTS'
RESPONSE ON 06/17/2022.
AFTER CONSIDERATION OF THE PARTIES' BRIEFS. AS WELL AS IN CONSIDERATION OF THE HEARING HELD ON
06/02/2022. AND THIS COURT'S JOURNAL ENTRY DATED 05/04/2022. PLAINTIFFS' MOTION TO COMPEL IS NOT
WELL-TAKEN. AND IS DENIED.
FURTHER. PLAINTIFFS' REQUEST FOR SANCTIONS IN THEIR 06/05/2022 MOTION TO COMPEL IS DENIED.
A TRIAL COURT HAS BROAD DISCRETION IN CHOOSING THE PARTICULAR SANCTION TO IMPOSE FOR A
DISCOVERY VIOLATION. AND AN APPELLATE COURT REVIEWS THE APPROPRIATENESS OF THAT DECISION
ONLY FOR AN ABUSE OF DISCRETION. IN DETERMINING A SUITABLE SANCTION. A TRIAL COURT SHOULD
CONSIDER: (1) THE HISTORY OF THE CASE; (2) ALL THE FACTS AND CIRCUMSTANCES SURROUNDING THE
NONCOMPLIANCE; (3) WHAT EFFORTS. IF ANY. THE FAULTING PARTY MADE TO COMPLY; (4) THE ABILITY OR
INABILITY OF THE FAULTING PARTY TO COMPLY; AND (5) ANY OTHER RELEVANT FACTORS. TAKING INTO
ACCOUNT THE BACKGROUND OF THE NONCOMPLIANCE. THE TRIAL COURT MUST BALANCE THE SEVERITY OF
THE VIOLATION AGAINST THE DEGREE OF POSSIBLE SANCTIONS AND SELECT THE SANCTION THAT IS MOST
APPROPRIATE. HUNTINGTON NAT'L BANK V. ZEUNE. 10TH DIST. FRANKLIN NO. 08AP-1020. 2009-OHIO-3482. P27
(INTERNAL CITATIONS OMITTED).
IN CONSIDERATION OF THE PREVIOUS HEARINGS HELD ON THIS MATTER. THE ISSUES INVOLVED WITH
DISCOVERY. AND THE DOCUMENTS REQUESTED THAT ARE THE SUBJECT OF CONTROVERSY AS ADDRESSED BY
THE PLAINTIFFS' MOTION AND THEIR AMENDED COMPLAINT. THIS COURT FINDS THAT SANCTIONS ARE NOT
APPROPRIATE.
FURTHER. THE COURT NOTES THAT PLAINTIFFS' MOTION TO COMPEL DISCOVERY AS TO REQUESTS FOR
PRODUCTION OF DOCUMENTS DIRECTED TO THE NEW PARTY DEFENDANTS UNDER RULE 34 AND NOTICES FOR
DEPOSITION DUCES TECUM UNDER RULE 30. FILED 04/11/2022. REMAINS HELD IN ABEYANCE AS TO DEFENDANTS
DAVID KEEHAN AND GH HOLDINGS LLC. PURSUANT TO THE HEARING HELD ON 04/29/2022 AND THIS COURT'S
ORDER DATED 05/02/2022.
Judge Signature 07/01/2022
07/01/2022
RECEIVED FOR FILING
07/01/2022 16:50:11
NAILAH K. BYRD. CLERK
Page 1 of 1
Document Filed Date
July 01, 2022
Case Filing Date
February 26, 2021
Category
CONTRACT - REAL ESTATE
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125694388 25694388 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 MATTER IS BEFORE THE COURT ON PLAINTIFF(S) ASSUNTA ROSSI PERSONALTY REVOCABLE LIVING TRUST (Pl). ASSUNTA ROSSI (P2) AND ROBERT V. TRACI(P3) PRO SE 9999999 MOTION TO COMPEL DISCOVERY. FILED 06/05/2022. NEW PARTY DEFENDANTS DAVID KEEHAN AND GH HOLDINGS LLC FILED A RESPONSE ON 06/10/2022. DEFENDANTS D.J. KEEHAN. WESTLAKE SHADOW CREEK. LLC. SIGNATURE BUILDING CONCEPTS. LLC. AND ONLINE COMMUNICATIONS. LLC FILED A RESPONSE ON 06/13/2022. PLAINTIFFS FILED A REPLY TO DEFENDANTS' RESPONSE ON 06/17/2022. AFTER CONSIDERATION OF THE PARTIES' BRIEFS. AS WELL AS IN CONSIDERATION OF THE HEARING HELD ON 06/02/2022. AND THIS COURT'S JOURNAL ENTRY DATED 05/04/2022. PLAINTIFFS' MOTION TO COMPEL IS NOT WELL-TAKEN. AND IS DENIED. FURTHER. PLAINTIFFS' REQUEST FOR SANCTIONS IN THEIR 06/05/2022 MOTION TO COMPEL IS DENIED. A TRIAL COURT HAS BROAD DISCRETION IN CHOOSING THE PARTICULAR SANCTION TO IMPOSE FOR A DISCOVERY VIOLATION. AND AN APPELLATE COURT REVIEWS THE APPROPRIATENESS OF THAT DECISION ONLY FOR AN ABUSE OF DISCRETION. IN DETERMINING A SUITABLE SANCTION. A TRIAL COURT SHOULD CONSIDER: (1) THE HISTORY OF THE CASE; (2) ALL THE FACTS AND CIRCUMSTANCES SURROUNDING THE NONCOMPLIANCE; (3) WHAT EFFORTS. IF ANY. THE FAULTING PARTY MADE TO COMPLY; (4) THE ABILITY OR INABILITY OF THE FAULTING PARTY TO COMPLY; AND (5) ANY OTHER RELEVANT FACTORS. TAKING INTO ACCOUNT THE BACKGROUND OF THE NONCOMPLIANCE. THE TRIAL COURT MUST BALANCE THE SEVERITY OF THE VIOLATION AGAINST THE DEGREE OF POSSIBLE SANCTIONS AND SELECT THE SANCTION THAT IS MOST APPROPRIATE. HUNTINGTON NAT'L BANK V. ZEUNE. 10TH DIST. FRANKLIN NO. 08AP-1020. 2009-OHIO-3482. P27 (INTERNAL CITATIONS OMITTED). IN CONSIDERATION OF THE PREVIOUS HEARINGS HELD ON THIS MATTER. THE ISSUES INVOLVED WITH DISCOVERY. AND THE DOCUMENTS REQUESTED THAT ARE THE SUBJECT OF CONTROVERSY AS ADDRESSED BY THE PLAINTIFFS' MOTION AND THEIR AMENDED COMPLAINT. THIS COURT FINDS THAT SANCTIONS ARE NOT APPROPRIATE. FURTHER. THE COURT NOTES THAT PLAINTIFFS' MOTION TO COMPEL DISCOVERY AS TO REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO THE NEW PARTY DEFENDANTS UNDER RULE 34 AND NOTICES FOR DEPOSITION DUCES TECUM UNDER RULE 30. FILED 04/11/2022. REMAINS HELD IN ABEYANCE AS TO DEFENDANTS DAVID KEEHAN AND GH HOLDINGS LLC. PURSUANT TO THE HEARING HELD ON 04/29/2022 AND THIS COURT'S ORDER DATED 05/02/2022. Judge Signature 07/01/2022 07/01/2022 RECEIVED FOR FILING 07/01/2022 16:50:11 NAILAH K. BYRD. CLERK Page 1 of 1