On February 26, 2021 a
Motion-Secondary
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
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
REPEY BRIEF
July 17,2021 16:53
By: STEPHEN P. HANUDEL 0083486
Confirmation Nbr. 2303527
ASSUNTA ROSSI PERSONALTY REVOCABLE CV 21 944483
LIVING ET AL
vs.
Judge: MAUREEN CLANCY
D.J. KEEHANETAL
Pages Filed: 3
Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ASSUNTA ROSSI PERSONALITY ) CASE NO. CV-21-944483
REVOCABLE LIVING TRUST, et al )
)
Plaintiffs ) JUDGE MAUREEN CLANCY
)
v. )
)
D.J. KEEHAN )
)
and )
) REPLY TO PLAINTIFFS’
WESTLAKE SHADOW CREEK, LLC ) RESPONSE TO DEFENDANTS
) MOTION TO ENLARGE TIME
Defendants )
Defendants D.J. Keehan and Westlake Shadow Creek, LLC, by and through
undersigned counsel, hereby reply to Plaintiffs’ response to Defendants’ motion to
enlarge time for discovery.
First, along with this filing, Defendants are answering the complaint and Westlake
Shadow Creek, LLC is filing a counterclaim/third party complaint to obtain money
currently held in escrow. To fully mount its claim, Westlake Shadow Creek had to bring
in Chicago Title Company, LLC as a third party defendant. Depending on how Chicago
Title wants to proceed, discovery could be further delayed.
Defendants are not engaging in intentional dilatory tactics. They are simply
engaging in widely accepted and reasonable civil litigation practice to defend
themselves, which they have a due process right to do under the United States and
Ohio Constitutions.
Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH
Yet, every time Defendants exercise their right to defend themselves in this case,
Plaintiffs accuse them of intentionally engaging in delay. In so doing, Plaintiffs continue
to hurl personal insults toward Defendants and undersigned counsel. Just two days ago,
Plaintiff Traci sent undersigned counsel a caustic email that accused counsel of lying
and not knowing the civil rules. No litigation should be this personal.
Speaking of personal, counsel is not the only lawyer to go on vacation while
cases are pending. Counsel did not want to feel like he had to justify his trip, let alone
bring up his wife's medical condition, but he accurately anticipated the accusatory
response from Plaintiffs.
As for discovery, counsel just emailed responses to Plaintiffs' discovery requests.
Some of the responses are rightfully objections, which, depending on how Plaintiffs
want to proceed on those objections, could lead to more delay. Counsel is also about to
send discovery requests to Plaintiffs.
For the foregoing reasons and reasons stated in their motion, Defendants ask for
an enlargement of time to conduct discovery. This request is reasonable and not done
for purposes of delay.
Respectfully submitted,
/s/ Stephen P. Hanudel____
Stephen P. Hanudel (#0083486)
Attorney for Defendants
124 Middle Avenue, Suite 900
Elyria, Ohio 44035
Phone: (440) 328-8973
Fax: (440) 261-4040
sph812@gmail.com
2
Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing was delivered to all parties via the Court's
electronic filing system on July 17, 2021.
/s/ Stephen P. Hanudel
Stephen P. Hanudel
3
Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH
Document Filed Date
July 17, 2021
Case Filing Date
February 26, 2021
Category
CONTRACT - REAL ESTATE
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas REPEY BRIEF July 17,2021 16:53 By: STEPHEN P. HANUDEL 0083486 Confirmation Nbr. 2303527 ASSUNTA ROSSI PERSONALTY REVOCABLE CV 21 944483 LIVING ET AL vs. Judge: MAUREEN CLANCY D.J. KEEHANETAL Pages Filed: 3 Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ASSUNTA ROSSI PERSONALITY ) CASE NO. CV-21-944483 REVOCABLE LIVING TRUST, et al ) ) Plaintiffs ) JUDGE MAUREEN CLANCY ) v. ) ) D.J. KEEHAN ) ) and ) ) REPLY TO PLAINTIFFS’ WESTLAKE SHADOW CREEK, LLC ) RESPONSE TO DEFENDANTS ) MOTION TO ENLARGE TIME Defendants ) Defendants D.J. Keehan and Westlake Shadow Creek, LLC, by and through undersigned counsel, hereby reply to Plaintiffs’ response to Defendants’ motion to enlarge time for discovery. First, along with this filing, Defendants are answering the complaint and Westlake Shadow Creek, LLC is filing a counterclaim/third party complaint to obtain money currently held in escrow. To fully mount its claim, Westlake Shadow Creek had to bring in Chicago Title Company, LLC as a third party defendant. Depending on how Chicago Title wants to proceed, discovery could be further delayed. Defendants are not engaging in intentional dilatory tactics. They are simply engaging in widely accepted and reasonable civil litigation practice to defend themselves, which they have a due process right to do under the United States and Ohio Constitutions. Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH Yet, every time Defendants exercise their right to defend themselves in this case, Plaintiffs accuse them of intentionally engaging in delay. In so doing, Plaintiffs continue to hurl personal insults toward Defendants and undersigned counsel. Just two days ago, Plaintiff Traci sent undersigned counsel a caustic email that accused counsel of lying and not knowing the civil rules. No litigation should be this personal. Speaking of personal, counsel is not the only lawyer to go on vacation while cases are pending. Counsel did not want to feel like he had to justify his trip, let alone bring up his wife's medical condition, but he accurately anticipated the accusatory response from Plaintiffs. As for discovery, counsel just emailed responses to Plaintiffs' discovery requests. Some of the responses are rightfully objections, which, depending on how Plaintiffs want to proceed on those objections, could lead to more delay. Counsel is also about to send discovery requests to Plaintiffs. For the foregoing reasons and reasons stated in their motion, Defendants ask for an enlargement of time to conduct discovery. This request is reasonable and not done for purposes of delay. Respectfully submitted, /s/ Stephen P. Hanudel____ Stephen P. Hanudel (#0083486) Attorney for Defendants 124 Middle Avenue, Suite 900 Elyria, Ohio 44035 Phone: (440) 328-8973 Fax: (440) 261-4040 sph812@gmail.com 2 Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH CERTIFICATE OF SERVICE I certify that a true copy of the foregoing was delivered to all parties via the Court's electronic filing system on July 17, 2021. /s/ Stephen P. Hanudel Stephen P. Hanudel 3 Electronically Filed 07/17/202116:53 / BRIEF / CV 21 944483 / Confirmation Nbr. 2303527 / BATCH