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Motion No. 5018364
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
June 29,2022 14:31
By: DENIO A. LEONE 0005287
Confirmation Nbr. 2589362
ASSUNTA ROSSI PERSONALTY REVOCABLE CV 21 944483
LIVING ET AL
vs.
Judge: MAUREEN CLANCY
D.J. KEEHANETAL
Pages Filed: 9
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ASSUNTA ROSSI PERSONALTY ) CASE NO. CV-21-944483
REVOCABLE LIVING TRUST, et al. )
)
Plaintiffs, )
) JUDGE: MAUREEN CLANCY
vs. )
)
D.J. KEEHAN, Individually and ) NEW PARTY DEFENDANTS DAVID
dba, Westlake Shadow Creek, LLC, et al. ) KEEHAN AND GH HOLDINGS LLC’S
) MOTION TO AMEND CASE
Defendants. ) MANAGEMENT SCHEDULE AND
) REQUEST TO FILE DISPOSITIVE
) MOTIONS
Now come New Party Defendants David Keehan and GH Holdings LLC, by and through
counsel, and do hereby respectfully move this honorable court to amend and extend all current
case management dates, including trial date, established previously by this court. These parties
also request authority to file dispositive motions in this case. The reasons in support of this
motion are set forth in the Memorandum in Support which is set forth herein. Given the
procedural posture of this case and the addition of new party defendants, the interests ofjustice
compel this court to grant this motion.
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
Respectfully submitted,
DENIO A. LEONE (#0005287)
Denio A. Leone, LLC
565 W. Bagley Road
Berea, Ohio 44017
440-816-0602 Phone
440-816-0604 Fax
denio@dleonelaw.com
ATTORNEY FOR NEW PARTY
DEFENDANTS DAVID KEEHAN
and GH HOLDINGS LLC
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
MEMORANDUM IN SUPPORT OF MOTION TO AMEND CASE
MANAGEMENT SCHEDULE AND REQUEST TO FILE DISPOSITIVE MOTIONS
This case was originally filed on February 26, 2021. The original named Defendants
were D.J. Keehan and Westlake Shadow Creek, LLC (“WSC”). This court’s docket reflects that
the original parties to this case were provided substantial opportunity to conduct and litigate
discovery issues. This case has included numerous motions filed by the original parties.
Plaintiffs sought and were granted leave to amend their complaint, and a Second Amended
Complaint was filed on November 7,2021. New Party Defendants were brought into this action,
including David Keehan, GH Holdings, LLC (GH”), Signature Building Concepts, LLC
(“Signature”) and Online Communications LLC (“Online”). Discovery was still ongoing
between the original parties, and depositions were still being scheduled. This court granted
Plaintiffs’ Motion to Amend Complaint on December 17, 2021. The docket reflects that motions
continued to be filed by the original parties, and discovery issues were still being contested by
those parties, even up to the hearing on discovery issues held before this court on June 2, 2022.
With respect to David Keehan and GH, attorney Stephen Hanudel originally acted as
counsel and filed a Motion to Dismiss on behalf of all the New Party Defendants. That motion
was ultimately denied by this court. On March 3, 2022 the Plaintiffs and Attorney Hanudel
(representing all New Party Defendants) appeared before this court in a Status Conference in
which a trial calendar was submitted and approved by the court. Deadlines were established for
discovery to be completed (5/21/2022), dispositive motions to be filed (5/21/2022), briefs and
reply to summary judgment motion(s) (Civ. Rule 6(C)), and a trial date was set for August 22,
2022 at 9:30 A.M. (See Journal Entry dated March 7, 2022).
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
On April 11, 2022 attorney Hanudel filed an Answer to Plaintiffs Second Amended
Complaint only on behalf of New Party Defendants Signature and Online. On that same date,
attorney Hanudel also filed a Motion to Withdraw as counsel for New Party Defendants David
Keehan and GH. On that same date Plaintiffs filed a Motion for Default Judgment against David
Keehan and GH. This court scheduled a hearing to address these filings on April 22, 2022.
Meanwhile, on April 18, 2022 attorney Denio A. Leone filed a Notice of Appearance on behalf
of David Keehan and GH, and also filed a Motion for Leave to File Instanter and Request for
Denial of Plaintiffs’ Motion for Default Judgment. Pursuant to this court’s Judgment Entries
dated April 22, 2022, Plaintiffs’ Motion for Default Judgment was denied and David Keehan and
GH’s Motion for Leave to File Answer Instanter, were granted. These New Party Defendants’
Answer was deemed filed on April 21, 2022. Further, this court also granted counsel’s Notice of
Appearance and gave authority for counsel to represent these new party defendants by Judgment
Entry dated April 21, 2022.
Since David Keehan and GH were permitted to file their Answer, contentious discovery
disputes have been ongoing between Plaintiffs and the other Defendants. David Keehan and GH
have been compliant in responding to Plaintiffs discovery requests, many of which had been
requested before new counsel for these parties was granted permission to enter this case. As this
court is aware, the primary subject matter of this lawsuit - the construction, sale, contract and
warranty issues pertaining to the condominium unit located at 30033 Shadow Creek Drive,
Westlake, Ohio that was purchased by the Assunta Rossi Trust, have absolutely nothing to do
with any action or involvement on the part of David Keehan and GH. These New Party
Defendants were not involved in any meaningful way in any of the matters that are at the center
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
of this controversy. So, the reality is that virtually all of the contested discovery issues, which
are still ongoing, are between the Plaintiffs and all Defendants other than David Keehan and GH.
This court also is reminded that notwithstanding the lack of involvement of David
Keehan and GH in the construction, sale, contract and warranty issues in this case. Plaintiffs are
also alleging a nebulous fraud scheme involving these New Party Defendants, and are seeking a
determination that the “corporate veil” of certain entities be pierced, thereby allowing for
personal liability to be attached to the principals. As New Party Defendants, David Keehan and
GH should be afforded the same opportunity for discovery, trial preparation, and dispositive
motion filing, as all the other parties to this litigation were afforded. This is even more justified
when the Plaintiffs are seeking such a drastic measure as the piercing of the corporate veil to
attach personal liability against David Keehan, Moreover, David Keehan is not now nor has he
ever been, directly involved with his brother, Defendant D.J. Keehan, in the development and
construction business involving homes and condominiums. David Keehan is full-time engaged
as President of a business concern that has no involvement in the development and construction
business. Plaintiffs’ attempt to seek personal liability against David Keehan with allegations of
fraud, collusion and other wrongdoing also is having a potentially negative impact on David
Keehan’s business dealings wholly unrelated to this lawsuit. Consequently, it is even more
incumbent that New Party Defendants David Keehan and GH be provided the same opportunity
to engage in discovery with Plaintiffs as to their serious allegations, and to be afforded the same
right to file dispositive motion(s) upon completion of discovery. Therefore, it is necessary that
the current case management schedule set by this court on March 3, 2022 be continued as
necessary in order for these New Party Defendants to have the same equal opportunities as the
other parties to competently prepare their cases. This court gave permission to Plaintiffs to bring
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
in these New Party Defendants, and this court must permit these New Party Defendants to have
the same opportunities to conduct discovery, prepare their cases, and file appropriate motions,
including dispositive motions. To do otherwise is to thwart the interests of justice and fairness in
this litigation.
Ohio policy favors the fullest opportunity to complete discovery. Rossman v. Rossman
(1975), 47 OhioApp. 2d 103. A trial court has the inherent authority to control its docket and to
decide discovery matters. Wells Fargo Bank, NA v. Russell, 2019-Ohio-776 (9th Dist. C.A.);
Wooten v. Westfield Ins. Co., 181 OhioApp. 3d 59, 2009-Ohio-494; State ex rel. Grandview
Hosp, and Med. Ctr. v. Gorman (1990) 51 Ohio St. 3d 94. However, where a trial court’s refusal
to allow discovery is improvident and prejudicially affects the substantial rights of a party, an
appellate court will rectify the trial court’s abuse of discretion. Smith v. Klein, 23 Ohio App. 3d
146 (Ohio 8th App. Dist.) 1985; State ex rel. Daggett v. Gessaman (1973), 34 Ohio St. 2d 55.
It must be emphasized, this court’s existing case management schedule was set on March
3, 2022. David Keehan and GH were not even granted leave to file their answer until April 22,
2022. Current counsel for David Keehan and GH was not granted permission to enter into this
case as counsel until April 21, 2022. Counsel has not had the opportunity yet to be involved in
any decisions respecting the case management of this case. For these reasons, New Party
Defendants David Keehan and GH respectfully request that the current case management
schedule be amended as appropriate, that a new trial date be set, and that these New Party
Defendants be given the opportunity to file dispositive motions.
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
DENIO A. LEONE (#0005287)
Denio A. Leone, LLC
565 W. Bagley Road
Berea, Ohio 44017
440-816-0602 Phone
440-816-0604 Fax
denio@dleonelaw.com
ATTORNEY FOR NEW PARTY
DEFENDANTS DAVID KEEHAN
and GH HOLDINGS LLC
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion has been served via electronic mail
upon the Plaintiffs and attorney Steven Hanudel, and that service will also be accomplished upon
the parties and counsel via the court’s electronic filing system.
DENIO A. LEONE (#0005287)
Denio A. Leone, LLC
565 W. Bagley Road
Berea, Ohio 44017
440-816-0602 Phone
440-816-0604 Fax
denio@dleonelaw. com
ATTORNEY FOR NEW PARTY
DEFENDANTS DAVID KEEHAN
and GH HOLDINGS LLC
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ASSUNTA ROSSI PERSONALTY ) CASE NO. CV-21-944483
REVOCABLE LIVING TRUST, ct al. )
)
Plaintiffs, )
) JUDGE: MAUREEN CLANCY
vs. )
)
D.J. KE El IAN, Individually and )
dba, Westlake Shadow Creek, LLC, et al. )
) JOURNAL ENTRY
Defendants. )
This matter is before this court on the motion filed by New Party Defendants David
Keehan and GH Holdings LLC, to amend the current case management schedule, including trial
date, and to request permission to file dispositive motions.
Upon consideration of New Party Defendants’ motion and request, this court finds the
same to be well-taken and it is hereby GRANTED.
This court will set a date for a status conference to be held by telephone, for all parties
and/or counsel to confer and agree upon a new case management schedule, including discovery
deadline, final pretrial, trial date and date by which New Party Defendants can file their
dispositive motions.
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
IT IS SO ORDERED.
Judge Maureen Clancy
Date
Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH
Preview
Motion No. 5018364 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... June 29,2022 14:31 By: DENIO A. LEONE 0005287 Confirmation Nbr. 2589362 ASSUNTA ROSSI PERSONALTY REVOCABLE CV 21 944483 LIVING ET AL vs. Judge: MAUREEN CLANCY D.J. KEEHANETAL Pages Filed: 9 Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ASSUNTA ROSSI PERSONALTY ) CASE NO. CV-21-944483 REVOCABLE LIVING TRUST, et al. ) ) Plaintiffs, ) ) JUDGE: MAUREEN CLANCY vs. ) ) D.J. KEEHAN, Individually and ) NEW PARTY DEFENDANTS DAVID dba, Westlake Shadow Creek, LLC, et al. ) KEEHAN AND GH HOLDINGS LLC’S ) MOTION TO AMEND CASE Defendants. ) MANAGEMENT SCHEDULE AND ) REQUEST TO FILE DISPOSITIVE ) MOTIONS Now come New Party Defendants David Keehan and GH Holdings LLC, by and through counsel, and do hereby respectfully move this honorable court to amend and extend all current case management dates, including trial date, established previously by this court. These parties also request authority to file dispositive motions in this case. The reasons in support of this motion are set forth in the Memorandum in Support which is set forth herein. Given the procedural posture of this case and the addition of new party defendants, the interests ofjustice compel this court to grant this motion. Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH Respectfully submitted, DENIO A. LEONE (#0005287) Denio A. Leone, LLC 565 W. Bagley Road Berea, Ohio 44017 440-816-0602 Phone 440-816-0604 Fax denio@dleonelaw.com ATTORNEY FOR NEW PARTY DEFENDANTS DAVID KEEHAN and GH HOLDINGS LLC Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH MEMORANDUM IN SUPPORT OF MOTION TO AMEND CASE MANAGEMENT SCHEDULE AND REQUEST TO FILE DISPOSITIVE MOTIONS This case was originally filed on February 26, 2021. The original named Defendants were D.J. Keehan and Westlake Shadow Creek, LLC (“WSC”). This court’s docket reflects that the original parties to this case were provided substantial opportunity to conduct and litigate discovery issues. This case has included numerous motions filed by the original parties. Plaintiffs sought and were granted leave to amend their complaint, and a Second Amended Complaint was filed on November 7,2021. New Party Defendants were brought into this action, including David Keehan, GH Holdings, LLC (GH”), Signature Building Concepts, LLC (“Signature”) and Online Communications LLC (“Online”). Discovery was still ongoing between the original parties, and depositions were still being scheduled. This court granted Plaintiffs’ Motion to Amend Complaint on December 17, 2021. The docket reflects that motions continued to be filed by the original parties, and discovery issues were still being contested by those parties, even up to the hearing on discovery issues held before this court on June 2, 2022. With respect to David Keehan and GH, attorney Stephen Hanudel originally acted as counsel and filed a Motion to Dismiss on behalf of all the New Party Defendants. That motion was ultimately denied by this court. On March 3, 2022 the Plaintiffs and Attorney Hanudel (representing all New Party Defendants) appeared before this court in a Status Conference in which a trial calendar was submitted and approved by the court. Deadlines were established for discovery to be completed (5/21/2022), dispositive motions to be filed (5/21/2022), briefs and reply to summary judgment motion(s) (Civ. Rule 6(C)), and a trial date was set for August 22, 2022 at 9:30 A.M. (See Journal Entry dated March 7, 2022). Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH On April 11, 2022 attorney Hanudel filed an Answer to Plaintiffs Second Amended Complaint only on behalf of New Party Defendants Signature and Online. On that same date, attorney Hanudel also filed a Motion to Withdraw as counsel for New Party Defendants David Keehan and GH. On that same date Plaintiffs filed a Motion for Default Judgment against David Keehan and GH. This court scheduled a hearing to address these filings on April 22, 2022. Meanwhile, on April 18, 2022 attorney Denio A. Leone filed a Notice of Appearance on behalf of David Keehan and GH, and also filed a Motion for Leave to File Instanter and Request for Denial of Plaintiffs’ Motion for Default Judgment. Pursuant to this court’s Judgment Entries dated April 22, 2022, Plaintiffs’ Motion for Default Judgment was denied and David Keehan and GH’s Motion for Leave to File Answer Instanter, were granted. These New Party Defendants’ Answer was deemed filed on April 21, 2022. Further, this court also granted counsel’s Notice of Appearance and gave authority for counsel to represent these new party defendants by Judgment Entry dated April 21, 2022. Since David Keehan and GH were permitted to file their Answer, contentious discovery disputes have been ongoing between Plaintiffs and the other Defendants. David Keehan and GH have been compliant in responding to Plaintiffs discovery requests, many of which had been requested before new counsel for these parties was granted permission to enter this case. As this court is aware, the primary subject matter of this lawsuit - the construction, sale, contract and warranty issues pertaining to the condominium unit located at 30033 Shadow Creek Drive, Westlake, Ohio that was purchased by the Assunta Rossi Trust, have absolutely nothing to do with any action or involvement on the part of David Keehan and GH. These New Party Defendants were not involved in any meaningful way in any of the matters that are at the center Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH of this controversy. So, the reality is that virtually all of the contested discovery issues, which are still ongoing, are between the Plaintiffs and all Defendants other than David Keehan and GH. This court also is reminded that notwithstanding the lack of involvement of David Keehan and GH in the construction, sale, contract and warranty issues in this case. Plaintiffs are also alleging a nebulous fraud scheme involving these New Party Defendants, and are seeking a determination that the “corporate veil” of certain entities be pierced, thereby allowing for personal liability to be attached to the principals. As New Party Defendants, David Keehan and GH should be afforded the same opportunity for discovery, trial preparation, and dispositive motion filing, as all the other parties to this litigation were afforded. This is even more justified when the Plaintiffs are seeking such a drastic measure as the piercing of the corporate veil to attach personal liability against David Keehan, Moreover, David Keehan is not now nor has he ever been, directly involved with his brother, Defendant D.J. Keehan, in the development and construction business involving homes and condominiums. David Keehan is full-time engaged as President of a business concern that has no involvement in the development and construction business. Plaintiffs’ attempt to seek personal liability against David Keehan with allegations of fraud, collusion and other wrongdoing also is having a potentially negative impact on David Keehan’s business dealings wholly unrelated to this lawsuit. Consequently, it is even more incumbent that New Party Defendants David Keehan and GH be provided the same opportunity to engage in discovery with Plaintiffs as to their serious allegations, and to be afforded the same right to file dispositive motion(s) upon completion of discovery. Therefore, it is necessary that the current case management schedule set by this court on March 3, 2022 be continued as necessary in order for these New Party Defendants to have the same equal opportunities as the other parties to competently prepare their cases. This court gave permission to Plaintiffs to bring Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH in these New Party Defendants, and this court must permit these New Party Defendants to have the same opportunities to conduct discovery, prepare their cases, and file appropriate motions, including dispositive motions. To do otherwise is to thwart the interests of justice and fairness in this litigation. Ohio policy favors the fullest opportunity to complete discovery. Rossman v. Rossman (1975), 47 OhioApp. 2d 103. A trial court has the inherent authority to control its docket and to decide discovery matters. Wells Fargo Bank, NA v. Russell, 2019-Ohio-776 (9th Dist. C.A.); Wooten v. Westfield Ins. Co., 181 OhioApp. 3d 59, 2009-Ohio-494; State ex rel. Grandview Hosp, and Med. Ctr. v. Gorman (1990) 51 Ohio St. 3d 94. However, where a trial court’s refusal to allow discovery is improvident and prejudicially affects the substantial rights of a party, an appellate court will rectify the trial court’s abuse of discretion. Smith v. Klein, 23 Ohio App. 3d 146 (Ohio 8th App. Dist.) 1985; State ex rel. Daggett v. Gessaman (1973), 34 Ohio St. 2d 55. It must be emphasized, this court’s existing case management schedule was set on March 3, 2022. David Keehan and GH were not even granted leave to file their answer until April 22, 2022. Current counsel for David Keehan and GH was not granted permission to enter into this case as counsel until April 21, 2022. Counsel has not had the opportunity yet to be involved in any decisions respecting the case management of this case. For these reasons, New Party Defendants David Keehan and GH respectfully request that the current case management schedule be amended as appropriate, that a new trial date be set, and that these New Party Defendants be given the opportunity to file dispositive motions. Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH DENIO A. LEONE (#0005287) Denio A. Leone, LLC 565 W. Bagley Road Berea, Ohio 44017 440-816-0602 Phone 440-816-0604 Fax denio@dleonelaw.com ATTORNEY FOR NEW PARTY DEFENDANTS DAVID KEEHAN and GH HOLDINGS LLC CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion has been served via electronic mail upon the Plaintiffs and attorney Steven Hanudel, and that service will also be accomplished upon the parties and counsel via the court’s electronic filing system. DENIO A. LEONE (#0005287) Denio A. Leone, LLC 565 W. Bagley Road Berea, Ohio 44017 440-816-0602 Phone 440-816-0604 Fax denio@dleonelaw. com ATTORNEY FOR NEW PARTY DEFENDANTS DAVID KEEHAN and GH HOLDINGS LLC Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ASSUNTA ROSSI PERSONALTY ) CASE NO. CV-21-944483 REVOCABLE LIVING TRUST, ct al. ) ) Plaintiffs, ) ) JUDGE: MAUREEN CLANCY vs. ) ) D.J. KE El IAN, Individually and ) dba, Westlake Shadow Creek, LLC, et al. ) ) JOURNAL ENTRY Defendants. ) This matter is before this court on the motion filed by New Party Defendants David Keehan and GH Holdings LLC, to amend the current case management schedule, including trial date, and to request permission to file dispositive motions. Upon consideration of New Party Defendants’ motion and request, this court finds the same to be well-taken and it is hereby GRANTED. This court will set a date for a status conference to be held by telephone, for all parties and/or counsel to confer and agree upon a new case management schedule, including discovery deadline, final pretrial, trial date and date by which New Party Defendants can file their dispositive motions. Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH IT IS SO ORDERED. Judge Maureen Clancy Date Electronically Filed 06/29/2022 14:31 / MOTION / CV 21 944483 / Confirmation Nbr. 2589362 / BATCH