On June 15, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Adebanjo Alatise,
and
1299 W. 9Th, Llc,
John Doe 1-10,
Midwest Entertainment, Venture, Llc Dba The Park Social Lounge,
Park Social Lounge, Llc,
The Park Social Lounge,
for TORT-MISCELLANEOUS
in the District Court of Cuyahoga County.
Preview
Motion No. 5035979
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION FOR LEAVE TO FILE ANSWER INSTANTER
September 16,2022 12:28
By: EDWARD HASTE III 0079438
Confirmation Nbr. 2654105
ADEBANJO ALATISE CV 22 964769
vs.
Judge: DANELGAUL
MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL.
Pages Filed: 5
Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ADEBANJO ALATISE )
365 E. 262nd Street )
Euclid, Ohio 44132 )
) CASE NO. CV-22-1964769
Plaintiff, )
) JUDGE GAUL
-vs- )
)
Midwest Entertainment Venture, LLC )
DBA The Park Social Lounge )
c/o John Torres, Statutory Agent )
12840 Big Creek Ridge Drive )
Chardon, Ohio 44024 )
)
Et. Al. )
)
Defendants. )
DEFENDANTS’ FOR LEAVE TO FILE ANSWER AND OPPOSE
MOTION FOR DEFAULT DEFAULT JUDGEMENT
Further, now comes Defendants Midwest Entertainment Venture, LLC and The
Park Social Lounge and Park Social Lounge LLC (“Defendant”), through counsel, for
leave to file the attached answer prior to the Court Ruling on Plaintiffs Motion for
Default Judgement. Due to clerical error Defendant did not file its Answer within the
prior to the Motion. Counsel executed and prepared a the Answer/Notice of Appearance
on August 29, 2022 (See Attached) and did not file it due to clerical error. Today it
learned of a motion for default filed on September 1, 2022 by Plaintiff and immediately
Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ
investigated the matter - promptly correcting it. The Plaintiff is not prejudiced as it was
not yet granted default.
The failure to answer or otherwise file a timely motion to file an Answerwas a
result of inadvertence and excusable neglect, which will not prejudice the Plaintiff.
Accordingly, Defendants respectfully ask this Court to deny the Default Motion and
accept the Answer as attached.
Respectfully Submitted
_/S/ Edward Hastie
Ed. Hastie, Esq. (007948)
Hastie Law Offices, LLC
1258 Grandview Ave.
Columbus, Ohio 43212
Tel: (614) 488-2800
Fax: (614) 488-2882
Ed@hastielegal.com
Counselfor Above listed Defendants
MEMORANDUM IN SUPPORT
1. LAW AND ARGUMENT
a. OHIO RULES OF CIVIL PROCEDURE RULE 55
Ohio Rule of Civil Procedure 55 (A) only allows the Court enter a Default
Judgment entry in favor of the movant when the Defendant “.. .has failed to plead or
otherwise defend.” That is not the case in this instant case, provided this Answer is
accepted. The Plaintiff has not yet been granted default.
Even if a Default had been granted - The Court is allowed to set it aside judgment
“.in accordance with Rule 60 (B),” pursuant to Ohio Rules of Civil Procedure 55 (B).
Rule 60 (B) allows for a relief from Judgment or Order in the occurrence of “excusable
neglect” and due to “any other reason justifying relief from the judgment.” The failure
Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ
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here was excusable. Additionally Rule 60 (B) requires a Motion for Relief be made
“within a reasonable time.” It is the Defendant’s contention that this instant filing is filed
within a reasonable time.
B.OHIO RULES OF CIVIL PROCEDURE RULE 60
Additionally, the Court should grant this motion for relief from judgment due to
excusable neglect. Moreover, the Plaintiff will not be prejudiced and the Defendants
have a meritorious defense.
Ohio Rule of Civil Procedure 60(B) allows the Court to grant relief from
judgment:
On motion and upon such terms as are just, the court may relieve a party
or his legal representative from a final judgment, order, or proceeding for
the following reasons: (1) mistake, inadvertence, surprise, or excusable
neglect * * * or (5) any other reason justifying relief from judgment.
Civ.R. 60(B). Further, pursuant to Civ.R. 6(B), “upon motion made after the expiration of
the specified period, the trial court may permit a defendant to file an Answer if his failure
to do so was the result of excusable neglect.” Civ.R. 6(B)(2).
“In order to prevail on a motion for relief from judgment under Civ.R. 60(B), a
movant must demonstrate that (1) the movant has a meritorious defense or claim to
present if relief is granted; (2) the movant is entitled to relief under one of the grounds
stated in Civ.R. 60(B)(1) through (5); and (3) the motion is made within a reasonable
time.” Whipps v. Ryan (May 12, 2009), Franklin App No. 08AP-838, O8AP-839, 2009-
Ohio-2288, ^33. “Where a meritorious defense is presented and the motion is timely,
doubts regarding whether one of the grounds for relief set forth in Civ.R. 60(B)(1)
through (5) exists should be resolved in favor of the motion so that cases can be decided
on their merits.” Id. at ^34.
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Here, relief from the default judgment and or denial of the motion for same
should be granted because Defendants meet all three elements necessary for such relief
under Whipps: Defendants assert numerous meritorious defenses; Defendants have valid
grounds for relief under Civ.R. 60(B); and Defendants have timely filed the Anwer
CONCLUSION
For all of the reasons stated above, Defendants respectfully ask this Court to deny
Plaintiff's Motion and accept Defendants Answer.
Respectfully submitted,
/s/Edward Hastie
Ed. Hastie, Esq. (007948)
Hastie Law Offices, LLC
1258 Grandview Ave.
Columbus, Ohio 43212
Tel: (614) 488-2800
Fax: (614) 488-2882
Ed@hastielegal.com
Counselfor Above listed Defendants
Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the
foregoing document was served upon the related parties via email and the
Court's efiling system
Edward Hastie (0079438)
Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ
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Preview
Motion No. 5035979 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION FOR LEAVE TO FILE ANSWER INSTANTER September 16,2022 12:28 By: EDWARD HASTE III 0079438 Confirmation Nbr. 2654105 ADEBANJO ALATISE CV 22 964769 vs. Judge: DANELGAUL MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL. Pages Filed: 5 Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ADEBANJO ALATISE ) 365 E. 262nd Street ) Euclid, Ohio 44132 ) ) CASE NO. CV-22-1964769 Plaintiff, ) ) JUDGE GAUL -vs- ) ) Midwest Entertainment Venture, LLC ) DBA The Park Social Lounge ) c/o John Torres, Statutory Agent ) 12840 Big Creek Ridge Drive ) Chardon, Ohio 44024 ) ) Et. Al. ) ) Defendants. ) DEFENDANTS’ FOR LEAVE TO FILE ANSWER AND OPPOSE MOTION FOR DEFAULT DEFAULT JUDGEMENT Further, now comes Defendants Midwest Entertainment Venture, LLC and The Park Social Lounge and Park Social Lounge LLC (“Defendant”), through counsel, for leave to file the attached answer prior to the Court Ruling on Plaintiffs Motion for Default Judgement. Due to clerical error Defendant did not file its Answer within the prior to the Motion. Counsel executed and prepared a the Answer/Notice of Appearance on August 29, 2022 (See Attached) and did not file it due to clerical error. Today it learned of a motion for default filed on September 1, 2022 by Plaintiff and immediately Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ investigated the matter - promptly correcting it. The Plaintiff is not prejudiced as it was not yet granted default. The failure to answer or otherwise file a timely motion to file an Answerwas a result of inadvertence and excusable neglect, which will not prejudice the Plaintiff. Accordingly, Defendants respectfully ask this Court to deny the Default Motion and accept the Answer as attached. Respectfully Submitted _/S/ Edward Hastie Ed. Hastie, Esq. (007948) Hastie Law Offices, LLC 1258 Grandview Ave. Columbus, Ohio 43212 Tel: (614) 488-2800 Fax: (614) 488-2882 Ed@hastielegal.com Counselfor Above listed Defendants MEMORANDUM IN SUPPORT 1. LAW AND ARGUMENT a. OHIO RULES OF CIVIL PROCEDURE RULE 55 Ohio Rule of Civil Procedure 55 (A) only allows the Court enter a Default Judgment entry in favor of the movant when the Defendant “.. .has failed to plead or otherwise defend.” That is not the case in this instant case, provided this Answer is accepted. The Plaintiff has not yet been granted default. Even if a Default had been granted - The Court is allowed to set it aside judgment “.in accordance with Rule 60 (B),” pursuant to Ohio Rules of Civil Procedure 55 (B). Rule 60 (B) allows for a relief from Judgment or Order in the occurrence of “excusable neglect” and due to “any other reason justifying relief from the judgment.” The failure Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ 2 here was excusable. Additionally Rule 60 (B) requires a Motion for Relief be made “within a reasonable time.” It is the Defendant’s contention that this instant filing is filed within a reasonable time. B.OHIO RULES OF CIVIL PROCEDURE RULE 60 Additionally, the Court should grant this motion for relief from judgment due to excusable neglect. Moreover, the Plaintiff will not be prejudiced and the Defendants have a meritorious defense. Ohio Rule of Civil Procedure 60(B) allows the Court to grant relief from judgment: On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect * * * or (5) any other reason justifying relief from judgment. Civ.R. 60(B). Further, pursuant to Civ.R. 6(B), “upon motion made after the expiration of the specified period, the trial court may permit a defendant to file an Answer if his failure to do so was the result of excusable neglect.” Civ.R. 6(B)(2). “In order to prevail on a motion for relief from judgment under Civ.R. 60(B), a movant must demonstrate that (1) the movant has a meritorious defense or claim to present if relief is granted; (2) the movant is entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5); and (3) the motion is made within a reasonable time.” Whipps v. Ryan (May 12, 2009), Franklin App No. 08AP-838, O8AP-839, 2009- Ohio-2288, ^33. “Where a meritorious defense is presented and the motion is timely, doubts regarding whether one of the grounds for relief set forth in Civ.R. 60(B)(1) through (5) exists should be resolved in favor of the motion so that cases can be decided on their merits.” Id. at ^34. Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ 3 Here, relief from the default judgment and or denial of the motion for same should be granted because Defendants meet all three elements necessary for such relief under Whipps: Defendants assert numerous meritorious defenses; Defendants have valid grounds for relief under Civ.R. 60(B); and Defendants have timely filed the Anwer CONCLUSION For all of the reasons stated above, Defendants respectfully ask this Court to deny Plaintiff's Motion and accept Defendants Answer. Respectfully submitted, /s/Edward Hastie Ed. Hastie, Esq. (007948) Hastie Law Offices, LLC 1258 Grandview Ave. Columbus, Ohio 43212 Tel: (614) 488-2800 Fax: (614) 488-2882 Ed@hastielegal.com Counselfor Above listed Defendants Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing document was served upon the related parties via email and the Court's efiling system Edward Hastie (0079438) Electronically Filed 09/16/2022 12:28 / MOTION / CV 22 964769 / Confirmation Nbr. 2654105 / CLCEJ 5