Preview
Motion No. 5128300
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
November 1,2023 11:30
By: JOSEPH G. RITZLER 0051934
Confirmation Nbr. 3006010
CARLOS HARRINGTON CV 23 978234
vs.
Judge: KATHLEEN ANN SUTULA
RUDYEVOSIRCH
Pages Filed: 7
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
JGR[jrc
20718-E
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
CARLOS HARRINGTON, ][ Case No. CV 23 978234
][
Plaintiff, ][ Judge KATHLEEN ANN SUTULA
][
V. ][ MOTION TO COMPEL
][
][
RUDY EVOSIRCH, ][
][
][
Defendant. ][
Now comes Defendant, Rudy Evosirch, by and through Counsel, Ritzier,
Coughlin & Paglia, Ltd., and respectfully requests that this Honorable Court grant an
Order compelling the Plaintiff, Carlos Harrington, to produce documents and information
requested in Defendant's Request for Production of Documents and to answer the
Interrogatories previously propounded.
Q A Brief in support of this motion is attached hereto and made a part hereof as
£
gj though fully rewritten herein.
Respectfully submitted,
Ritzier, Coughlin & Paglia, Ltd.
aSS
Atty. Reg. No. 0051934
Attorney for Defendant
1360 East Ninth Street
500IMG Center
Cleveland, Ohio 44114
Office: 216.241.8333
Facsimile: 216.241.5890
iritzler@rcp-attomeys.com
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
JGRferc
20718-E
PROOF OF SERVICE
A copy of the foregoing has been forwarded to via e-mail and/or regular US mail this 1st
day of November, 2023 addressed to the following:
Carlos Harrington
11829 Triskett Road
Cleveland, Ohio 44111
Ritzier, Coughlin & Puglia, Ltd.
/SZ Joseph G. Ritzier, Esq.____________
Joseph G. Ritzier, Esq. (0051934)
Attorney for Defendant
Q
HO*
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
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20718-E
BRIEF
On or about May 24,2023, the undersigned on behalf of Defendant Rudy Evosirch
filed an Answer in connection with the instant action. Also at that time, the undersigned
also propounded Interrogatories and Requests for Production of Documents upon Plaintiff
Carlos Harrington for answer by Plaintiff within twenty-eight (28) days. A copy of that
letter is attached hereto and marked as Exhibit "A".
On or about July 25, 2023, as Plaintiff had yet to provide responses as requested
and consequently, the undersigned forwarded a letter to Plaintiffs Counsel reminding him
that his clients' discovery responses were past due. A copy of that letter is attached hereto
and marked as Exhibit ”B."
On or about August 29,2023, as Plaintiff had yet to provide responses as requested
on May 24,2023 and July 25,2023, and consequently, the undersigned forwarded a letter
to Plaintiffs Counsel reminding him that his clients' discovery responses were past due. A
copy of that letter is attached hereto and marked as Exhibit ”C."
Rule 37 of the Ohio Rules of Civil Procedure provides that upon reasonable notice
to the opposing party, a Motion to Compel may be filed when that party fails to respond to
discovery properly propounded. Thus Rule 37(A)(2) indicates in pertinent part:
If a deponent fails to answer a question propounded or submitted under Rule 30
or Rule 31, or a party fails to answer an interrogatory submitted under Rule 33,
or if a party, in response to a request for inspection submitted under Rule 34,
fails to respond that inspection will be permitted as requested or fails to permit
inspection as requested, the discovering party may move for an order compelling
an answer or an order compelling inspection in accordance with the request.
See Ohio Rule of Civil Procedure 37 (A)(2).
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
JGR[jrc
20718-E
As evidenced by the exhibits attached hereto, discovery was propounded upon
the Plaintiff on or about May 24,2023. As of November 1, 2023, Plaintiffs have not provided
responses to the Interrogatories and Requests for Production of Documents propounded upon
them. Prior to seeking an order from this Honorable Court compelling Plaintiffs to respond to
Defendant's discovery requests, the undersigned attempted mediation by sending reminder letters
to Plaintiff's Counsel that his client's responses were past due. (See Defendant's Exhibit "B" and
Exhibit “C” attached hereto.) As of the date of the filing of this motion, Plaintiffs have still failed
to provide responses to the paper discovery propounded by Defendant Rudy Evosirch.
Consequently, Defendant Rudy Evosirch now requests that this Honorable Court issue an order
compelling Plaintiff to respond to the Interrogatories and Requests for Production of Documents
earlier propounded upon him or face sanctions which may include dismissal and/or attorney's fees.
Respectfully submitted.
Ritzier, Coughlin & Paglia, Ltd.
Atty. Reg. No. 0051934
Attorney for Defendant
1360 East Ninth Street
500IMG Center
Cleveland, Ohio 44114
Office: 216.241.8333
Facsimile: 216.241.5890
iritzler@rcp-attomeys.com
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
Cleveland Office Toledo Office
RITZLER, 1360 East Ninth Street 316 N. Michigan Street
COUGHLIN, 500 IMG Center
Cleveland, Ohio 44114
Suite 917
Toledo, Ohio 43604
& PAGLIA, LTD. +1216 241 8333 - Phone
+1216 241 5890-Fax
+ 1 877 241 8333 - Phone
+1216 241 5890 - Fax
ATTORNEYS AND COUNSELORS AT LAW
Writer’s E-Mail: jrtizler@rcp-attomeys.com
Direct Dial: 216-241-8333 X 121
May 24, 2023
Tyrone E. Reed
11811 Shaker Blvd., #420
Cleveland, Ohio 44120
T-reedlaw@msn. com
RE: Carlos Harrington v. Rudy Evosirch
Cuyahoga County Common Pleas Court Case No.: CV 23 978234
Our File: 20718-E
Dear Mr. Reed:
Please be advised the undersigned represents Rudy Evosirch the above captioned matter. Please find enclosed
within the following documents which I have now caused to be filed with the Cuyahoga County Common Pleas
Court:
• Answer of Rudy Evosirch
• First Set of Interrogatories and Request for Production of Documents to Plaintiff Carlos Harrington
• Five HIPAA Compliant Authorizations
Thank you for your attention to this letter.
Sincerely yours,
Ritzier, Coughlin & Paglia, Ltd.
Enclosures
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
Cleveland Office Toledo Office
RITZLER, 1360 East Ninth Street 316 N. Michigan Street
COUGHLIN, SOO IMG Center
Cleveland, Ohio 44114
Suite 917
Toledo, Ohio 43604
& PAGLIA, LTD. +1216 241 8333 - Phone
+1216 241 5890 - Fax
+ 1 877 241 8333 - Phone
+1 216 241 5890 - Fax
ATTORNEYS AND COUNSELORS AT LAW Writer’s E -Mail: jrtizler@rcp-attomeys.com
Direct Dial: 216-241-8333 X 121
July 25, 2023
Tyrone E. Reed
11811 Shaker Blvd., #420
Cleveland, Ohio 44120
T-reedlaw@msn.com
RE: Carlos Harrington v. Rudy Evosirch
Cuyahoga County Common Pleas Court Case No.: CV 23 978234
Our File: 20718-E
Dear Mr. Reed:
On May 24, 2023,1 submitted written discovery upon your client in the form of interrogatories and request for
production of documents. As of the date of this letter, you have not yet responded to any of that outstanding
discovery. Therefore, please allow this letter to serve as my compliance with any and all applicable local rules
of court as well as the Ohio Rules of Civil Procedure mandating that counsel must attempt to mediate any
potential discovery dispute prior to the filing of a Motion to Compel with the Court.
Therefore, please contact me upon your receipt of this letter and advise as to when I may expect to receive
responses to this outstanding discovery.
If you do not contact me within two weeks, I will have no alternative but to file a Motion to Compel with the
Court. As you are aware, this is a Judge Kathleen Sutula case and this Motion to Compel will be granted.
Therefore, again, please contact me, immediately upon your receipt of this letter and advise as to when I may
expect to receive these discovery responses.
Thank you for your attention to this letter.
Sincerely yours,
Ritzier, Coughlin & Paglia, Ltd.
JGR|jrc
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLS
Cleveland Office Toledo Office
RITZLER, 1360 East Ninth Street 316 N. Michigan Street
COUGHLIN, 500 IMG Center
Cleveland, Ohio 44114
Suite 917
Toledo, Ohio 43604
& PAGLIA, LTD. +1216 241 8333 - Phone
+1216 241 5890 - Fax
+ 1 877 241 8333 - Phone
+1216 241 5890 - Fax
Attorneys and Counselors at Law Writer’s E-Mail: jrtizler@rcp-attomeys.com
Direct Dial: 216-241-8333 X 121
August 29, 2023
Tyrone E. Reed
11811 Shaker Blvd., #420
Cleveland, Ohio 44120
T-reedlaw@msn.com
RE: Carlos Harrington v. Rudy Evosirch
Cuyahoga County Common Pleas Court Case No.: CV 23 978234
Our File: 20718-E
Dear Mr. Reed:
On May 24, 2023,1 submitted written discovery upon your client in the form of Interrogatories and Request for
Production of Documents. On July 25, 2023,1 forwarded correspondence to you advising that I had not yet
received the responses to any of that outstanding discovery.
As of the date of this letter, August 29, 2023,1 have still not yet received any of the responses to the
outstanding discovery in this case.
I am obviously aware that you are battling various health conditions but I fully anticipate Judge Kathleen Sutula
will set a very tight schedule in this case and the Erie Insurance Company would like the opportunity to attempt
to resolve this case at the earliest possible opportunity.
Therefore, if you do not contact me within TWO WEEKS advising as to when I may expect to receive these
discovery responses, I will have no alternative but to file a Motion to Compel with the Court.
Thank you for your attention to this letter.
Sincerely yours,
Ritzier, Coughlin & Paglia, Ltd.
r,
JGRJjrc Joseph G. Ritzier, Esq.
EXHIBIT
Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE
Preview
Motion No. 5128300 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... November 1,2023 11:30 By: JOSEPH G. RITZLER 0051934 Confirmation Nbr. 3006010 CARLOS HARRINGTON CV 23 978234 vs. Judge: KATHLEEN ANN SUTULA RUDYEVOSIRCH Pages Filed: 7 Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE JGR[jrc 20718-E IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO CARLOS HARRINGTON, ][ Case No. CV 23 978234 ][ Plaintiff, ][ Judge KATHLEEN ANN SUTULA ][ V. ][ MOTION TO COMPEL ][ ][ RUDY EVOSIRCH, ][ ][ ][ Defendant. ][ Now comes Defendant, Rudy Evosirch, by and through Counsel, Ritzier, Coughlin & Paglia, Ltd., and respectfully requests that this Honorable Court grant an Order compelling the Plaintiff, Carlos Harrington, to produce documents and information requested in Defendant's Request for Production of Documents and to answer the Interrogatories previously propounded. Q A Brief in support of this motion is attached hereto and made a part hereof as £ gj though fully rewritten herein. Respectfully submitted, Ritzier, Coughlin & Paglia, Ltd. aSS Atty. Reg. No. 0051934 Attorney for Defendant 1360 East Ninth Street 500IMG Center Cleveland, Ohio 44114 Office: 216.241.8333 Facsimile: 216.241.5890 iritzler@rcp-attomeys.com Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE JGRferc 20718-E PROOF OF SERVICE A copy of the foregoing has been forwarded to via e-mail and/or regular US mail this 1st day of November, 2023 addressed to the following: Carlos Harrington 11829 Triskett Road Cleveland, Ohio 44111 Ritzier, Coughlin & Puglia, Ltd. /SZ Joseph G. Ritzier, Esq.____________ Joseph G. Ritzier, Esq. (0051934) Attorney for Defendant Q HO* Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE JGR|jrc 20718-E BRIEF On or about May 24,2023, the undersigned on behalf of Defendant Rudy Evosirch filed an Answer in connection with the instant action. Also at that time, the undersigned also propounded Interrogatories and Requests for Production of Documents upon Plaintiff Carlos Harrington for answer by Plaintiff within twenty-eight (28) days. A copy of that letter is attached hereto and marked as Exhibit "A". On or about July 25, 2023, as Plaintiff had yet to provide responses as requested and consequently, the undersigned forwarded a letter to Plaintiffs Counsel reminding him that his clients' discovery responses were past due. A copy of that letter is attached hereto and marked as Exhibit ”B." On or about August 29,2023, as Plaintiff had yet to provide responses as requested on May 24,2023 and July 25,2023, and consequently, the undersigned forwarded a letter to Plaintiffs Counsel reminding him that his clients' discovery responses were past due. A copy of that letter is attached hereto and marked as Exhibit ”C." Rule 37 of the Ohio Rules of Civil Procedure provides that upon reasonable notice to the opposing party, a Motion to Compel may be filed when that party fails to respond to discovery properly propounded. Thus Rule 37(A)(2) indicates in pertinent part: If a deponent fails to answer a question propounded or submitted under Rule 30 or Rule 31, or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer or an order compelling inspection in accordance with the request. See Ohio Rule of Civil Procedure 37 (A)(2). Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE JGR[jrc 20718-E As evidenced by the exhibits attached hereto, discovery was propounded upon the Plaintiff on or about May 24,2023. As of November 1, 2023, Plaintiffs have not provided responses to the Interrogatories and Requests for Production of Documents propounded upon them. Prior to seeking an order from this Honorable Court compelling Plaintiffs to respond to Defendant's discovery requests, the undersigned attempted mediation by sending reminder letters to Plaintiff's Counsel that his client's responses were past due. (See Defendant's Exhibit "B" and Exhibit “C” attached hereto.) As of the date of the filing of this motion, Plaintiffs have still failed to provide responses to the paper discovery propounded by Defendant Rudy Evosirch. Consequently, Defendant Rudy Evosirch now requests that this Honorable Court issue an order compelling Plaintiff to respond to the Interrogatories and Requests for Production of Documents earlier propounded upon him or face sanctions which may include dismissal and/or attorney's fees. Respectfully submitted. Ritzier, Coughlin & Paglia, Ltd. Atty. Reg. No. 0051934 Attorney for Defendant 1360 East Ninth Street 500IMG Center Cleveland, Ohio 44114 Office: 216.241.8333 Facsimile: 216.241.5890 iritzler@rcp-attomeys.com Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE Cleveland Office Toledo Office RITZLER, 1360 East Ninth Street 316 N. Michigan Street COUGHLIN, 500 IMG Center Cleveland, Ohio 44114 Suite 917 Toledo, Ohio 43604 & PAGLIA, LTD. +1216 241 8333 - Phone +1216 241 5890-Fax + 1 877 241 8333 - Phone +1216 241 5890 - Fax ATTORNEYS AND COUNSELORS AT LAW Writer’s E-Mail: jrtizler@rcp-attomeys.com Direct Dial: 216-241-8333 X 121 May 24, 2023 Tyrone E. Reed 11811 Shaker Blvd., #420 Cleveland, Ohio 44120 T-reedlaw@msn. com RE: Carlos Harrington v. Rudy Evosirch Cuyahoga County Common Pleas Court Case No.: CV 23 978234 Our File: 20718-E Dear Mr. Reed: Please be advised the undersigned represents Rudy Evosirch the above captioned matter. Please find enclosed within the following documents which I have now caused to be filed with the Cuyahoga County Common Pleas Court: • Answer of Rudy Evosirch • First Set of Interrogatories and Request for Production of Documents to Plaintiff Carlos Harrington • Five HIPAA Compliant Authorizations Thank you for your attention to this letter. Sincerely yours, Ritzier, Coughlin & Paglia, Ltd. Enclosures Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE Cleveland Office Toledo Office RITZLER, 1360 East Ninth Street 316 N. Michigan Street COUGHLIN, SOO IMG Center Cleveland, Ohio 44114 Suite 917 Toledo, Ohio 43604 & PAGLIA, LTD. +1216 241 8333 - Phone +1216 241 5890 - Fax + 1 877 241 8333 - Phone +1 216 241 5890 - Fax ATTORNEYS AND COUNSELORS AT LAW Writer’s E -Mail: jrtizler@rcp-attomeys.com Direct Dial: 216-241-8333 X 121 July 25, 2023 Tyrone E. Reed 11811 Shaker Blvd., #420 Cleveland, Ohio 44120 T-reedlaw@msn.com RE: Carlos Harrington v. Rudy Evosirch Cuyahoga County Common Pleas Court Case No.: CV 23 978234 Our File: 20718-E Dear Mr. Reed: On May 24, 2023,1 submitted written discovery upon your client in the form of interrogatories and request for production of documents. As of the date of this letter, you have not yet responded to any of that outstanding discovery. Therefore, please allow this letter to serve as my compliance with any and all applicable local rules of court as well as the Ohio Rules of Civil Procedure mandating that counsel must attempt to mediate any potential discovery dispute prior to the filing of a Motion to Compel with the Court. Therefore, please contact me upon your receipt of this letter and advise as to when I may expect to receive responses to this outstanding discovery. If you do not contact me within two weeks, I will have no alternative but to file a Motion to Compel with the Court. As you are aware, this is a Judge Kathleen Sutula case and this Motion to Compel will be granted. Therefore, again, please contact me, immediately upon your receipt of this letter and advise as to when I may expect to receive these discovery responses. Thank you for your attention to this letter. Sincerely yours, Ritzier, Coughlin & Paglia, Ltd. JGR|jrc Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLS Cleveland Office Toledo Office RITZLER, 1360 East Ninth Street 316 N. Michigan Street COUGHLIN, 500 IMG Center Cleveland, Ohio 44114 Suite 917 Toledo, Ohio 43604 & PAGLIA, LTD. +1216 241 8333 - Phone +1216 241 5890 - Fax + 1 877 241 8333 - Phone +1216 241 5890 - Fax Attorneys and Counselors at Law Writer’s E-Mail: jrtizler@rcp-attomeys.com Direct Dial: 216-241-8333 X 121 August 29, 2023 Tyrone E. Reed 11811 Shaker Blvd., #420 Cleveland, Ohio 44120 T-reedlaw@msn.com RE: Carlos Harrington v. Rudy Evosirch Cuyahoga County Common Pleas Court Case No.: CV 23 978234 Our File: 20718-E Dear Mr. Reed: On May 24, 2023,1 submitted written discovery upon your client in the form of Interrogatories and Request for Production of Documents. On July 25, 2023,1 forwarded correspondence to you advising that I had not yet received the responses to any of that outstanding discovery. As of the date of this letter, August 29, 2023,1 have still not yet received any of the responses to the outstanding discovery in this case. I am obviously aware that you are battling various health conditions but I fully anticipate Judge Kathleen Sutula will set a very tight schedule in this case and the Erie Insurance Company would like the opportunity to attempt to resolve this case at the earliest possible opportunity. Therefore, if you do not contact me within TWO WEEKS advising as to when I may expect to receive these discovery responses, I will have no alternative but to file a Motion to Compel with the Court. Thank you for your attention to this letter. Sincerely yours, Ritzier, Coughlin & Paglia, Ltd. r, JGRJjrc Joseph G. Ritzier, Esq. EXHIBIT Electronically Filed 11/01/2023 11:30 / MOTION / CV 23 978234 / Confirmation Nbr. 3006010 / CLSVE