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23205980
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 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, AND PLAINTIFFS' MOTION TO COMPEL DISCOVERY
PURSUANT TO NOTICES FOR DEPOSITION DUCES TECUM UNDER RULE 30(B)(5), FILED 04/13/2022. DEFENDANTS
SBC AND ONLINE FILED A RESPONSE ON 04/25/2022. PLAINTIFFS FILED A REPLY ON 04/27/2022. FURTHERMORE,
THE COURT HELD A HEARING ON THESE MOTIONS ON 04/29/2022. UPON CONSIDERATION OF PLAINTIFFS'
MOTIONS, DEFENDANTS' RESPONSE, PLAINTIFFS' REPLY, AND THE HEARING, THE COURT FINDS AS FOLLOWS:
THE ADDITION OF THE NEW PARTY DEFENDANTS (INCLUDING SIGNATURE AND ONLINE) IS PREMISED ON THE
ALLEGATION THAT THOSE PARTIES, ALONG WITH THE OTHER DEFENDANTS, DEFRAUDED PLAINTIFFS IN
VARIOUS WAYS RELATING TO THE CONSTRUCTION OF PLAINTIFFS' RESIDENCE (30033 SHADOW CREEK DRIVE,
WESTLAKE, OHIO). ACCORDINGLY, DEFENDANTS SIGNATURE AND ONLINE ARE TO PRODUCE DOCUMENTS
RESPONSIVE TO THE FOLLOWING REQUESTS WITHIN TEN DAYS OF THIS ENTRY:
1. PRODUCE A COPY OF ALL ACCOUNTING DOCUMENTS CONTAINED IN YOUR QUICKBOOKS TO INCLUDE, INTER
ALIA, ALL PAYMENTS MADE, PAYEES, INVOICES, PURPOSE OF PAYMENTS, DATES OF CHECKS WRITTEN, DATES
OF WORK PERFORMED, OR MATERIALS PAID FOR, ETC., AS LONG AS THOSE ACCOUNTING DOCUMENTS RELATE
TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO.
3. PRODUCE A COPY OF ALL INVOICES RELATING TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE,
WESTLAKE, OHIO IN YOUR POSSESSION THAT WERE SUBMITTED BY ALL COMPANIES AND/OR INDIVIDUALS
WHO PERFORMED ANY SERVICES IN OR FOR THE CONSTRUCTION OF 30033 SHADOW CREEK, WESTLAKE, OHIO.
4. PRODUCE A COPY OF ALL INVOICES RELATING TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE,
WESTLAKE, OHIO IN YOUR POSSESSION THAT WERE SUBMITTED BY ALL COMPANIES AND/OR INDIVIDUALS
WHO SUPPLIED AND/OR PROVIDED ANY MATERIALS FOR USE IN OR FOR THE CONSTRUCTION OF 30033 SHADOW
CREEK, WESTLAKE, OHIO.
5. PRODUCE COPIES OF ALL 1099’S, W-2S, OR K-1'S THAT YOUR COMPANY PROVIDED TO ANY PERSONS,
CORPORATIONS, PARTNERSHIPS, SUBCONTRACTORS, AND/OR ANY OTHER ENTITY WHO PERFORMED ANY
SERVICES IN OR CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO FOR THE CALENDAR YEARS
2019, 2020 AND 2021.
7. PRODUCE A COPY OF THE ACTUAL CONSTRUCTION LOAN CONTRACT BETWEEN WESTLAKE SHADOW CREEK
AND RLR FOR USE IN THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO.
8. PRODUCE A COPY OF ALL LOANS, "DRAWS", WITHDRAWALS, ETC. BY WESTLAKE SHADOW CREEK LLC THAT
WAS USED AT ANY TIME FOR MATERIALS, LABOR AND/OR CONSTRUCTION OF 30033 SHADOW CREEK,
WESTLAKE IN 2019, 2020, AND 2021.
05/02/2022
RECEIVED FOR FILING
05/04/2022 15:30:40
NAILAH K. BYRD, CLERK
Page 1 of2
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9. PRODUCE A COPY OF ALL DOCUMENTS, CHECKS, REGISTERS, PAYMENTS, OR MONEY TRANSFERS BETWEEN
WSC (OR ON BEHALF OF WSC) AND RLR FROM ANY SOURCE, INCLUDING ESCROW ACCOUNTS AND/OR AGENTS,
THAT WERE UTILIZED TO PAYBACK OR REDUCE OUTSTANDING LOANS FROM RLR RELATING TO THE
CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO.
IN ADDITION, DEFENDANTS SIGNATURE AND ONLINE SHALL SCHEDULE DEPOSITIONS WITH PLAINTIFFS WITHIN
FOURTEEN DAYS OF THIS ENTRY. IF DEFENDANTS SIGNATURE AND ONLINE FAIL TO COMPLY WITH THIS ORDER,
PLAINTIFFS' MOTIONS TO COMPEL WILL BE GRANTED AND SANCTIONS MAY BE AWARDED.
Judge Signature 05/04/2022
05/02/2022
RECEIVED FOR FILING
05/04/2022 15:30:40
NAILAH K. BYRD, CLERK
Page 2 of 2
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123205980 23205980 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 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, AND PLAINTIFFS' MOTION TO COMPEL DISCOVERY PURSUANT TO NOTICES FOR DEPOSITION DUCES TECUM UNDER RULE 30(B)(5), FILED 04/13/2022. DEFENDANTS SBC AND ONLINE FILED A RESPONSE ON 04/25/2022. PLAINTIFFS FILED A REPLY ON 04/27/2022. FURTHERMORE, THE COURT HELD A HEARING ON THESE MOTIONS ON 04/29/2022. UPON CONSIDERATION OF PLAINTIFFS' MOTIONS, DEFENDANTS' RESPONSE, PLAINTIFFS' REPLY, AND THE HEARING, THE COURT FINDS AS FOLLOWS: THE ADDITION OF THE NEW PARTY DEFENDANTS (INCLUDING SIGNATURE AND ONLINE) IS PREMISED ON THE ALLEGATION THAT THOSE PARTIES, ALONG WITH THE OTHER DEFENDANTS, DEFRAUDED PLAINTIFFS IN VARIOUS WAYS RELATING TO THE CONSTRUCTION OF PLAINTIFFS' RESIDENCE (30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO). ACCORDINGLY, DEFENDANTS SIGNATURE AND ONLINE ARE TO PRODUCE DOCUMENTS RESPONSIVE TO THE FOLLOWING REQUESTS WITHIN TEN DAYS OF THIS ENTRY: 1. PRODUCE A COPY OF ALL ACCOUNTING DOCUMENTS CONTAINED IN YOUR QUICKBOOKS TO INCLUDE, INTER ALIA, ALL PAYMENTS MADE, PAYEES, INVOICES, PURPOSE OF PAYMENTS, DATES OF CHECKS WRITTEN, DATES OF WORK PERFORMED, OR MATERIALS PAID FOR, ETC., AS LONG AS THOSE ACCOUNTING DOCUMENTS RELATE TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO. 3. PRODUCE A COPY OF ALL INVOICES RELATING TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO IN YOUR POSSESSION THAT WERE SUBMITTED BY ALL COMPANIES AND/OR INDIVIDUALS WHO PERFORMED ANY SERVICES IN OR FOR THE CONSTRUCTION OF 30033 SHADOW CREEK, WESTLAKE, OHIO. 4. PRODUCE A COPY OF ALL INVOICES RELATING TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO IN YOUR POSSESSION THAT WERE SUBMITTED BY ALL COMPANIES AND/OR INDIVIDUALS WHO SUPPLIED AND/OR PROVIDED ANY MATERIALS FOR USE IN OR FOR THE CONSTRUCTION OF 30033 SHADOW CREEK, WESTLAKE, OHIO. 5. PRODUCE COPIES OF ALL 1099’S, W-2S, OR K-1'S THAT YOUR COMPANY PROVIDED TO ANY PERSONS, CORPORATIONS, PARTNERSHIPS, SUBCONTRACTORS, AND/OR ANY OTHER ENTITY WHO PERFORMED ANY SERVICES IN OR CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO FOR THE CALENDAR YEARS 2019, 2020 AND 2021. 7. PRODUCE A COPY OF THE ACTUAL CONSTRUCTION LOAN CONTRACT BETWEEN WESTLAKE SHADOW CREEK AND RLR FOR USE IN THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO. 8. PRODUCE A COPY OF ALL LOANS, "DRAWS", WITHDRAWALS, ETC. BY WESTLAKE SHADOW CREEK LLC THAT WAS USED AT ANY TIME FOR MATERIALS, LABOR AND/OR CONSTRUCTION OF 30033 SHADOW CREEK, WESTLAKE IN 2019, 2020, AND 2021. 05/02/2022 RECEIVED FOR FILING 05/04/2022 15:30:40 NAILAH K. BYRD, CLERK Page 1 of2 123205980 23205980 9. PRODUCE A COPY OF ALL DOCUMENTS, CHECKS, REGISTERS, PAYMENTS, OR MONEY TRANSFERS BETWEEN WSC (OR ON BEHALF OF WSC) AND RLR FROM ANY SOURCE, INCLUDING ESCROW ACCOUNTS AND/OR AGENTS, THAT WERE UTILIZED TO PAYBACK OR REDUCE OUTSTANDING LOANS FROM RLR RELATING TO THE CONSTRUCTION OF 30033 SHADOW CREEK DRIVE, WESTLAKE, OHIO. IN ADDITION, DEFENDANTS SIGNATURE AND ONLINE SHALL SCHEDULE DEPOSITIONS WITH PLAINTIFFS WITHIN FOURTEEN DAYS OF THIS ENTRY. IF DEFENDANTS SIGNATURE AND ONLINE FAIL TO COMPLY WITH THIS ORDER, PLAINTIFFS' MOTIONS TO COMPEL WILL BE GRANTED AND SANCTIONS MAY BE AWARDED. Judge Signature 05/04/2022 05/02/2022 RECEIVED FOR FILING 05/04/2022 15:30:40 NAILAH K. BYRD, CLERK Page 2 of 2