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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774
0G498 - R2
IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO
Autumn Eckman,
Plaintiff,
Case No. 23CV2813
Vv.
Judge Young
2828 Johnstown, LLC, et al.,
Defendants.
The Estate of Charles Westbrook,
Plaintiff,
Case No. 23CV3774
V.
Judge Young
2828 Johnstown, LLC, et al.,
Defendants.
Omar Jama,
Plaintiff,
Case No. 23CV4643
Vv.
Judge Young
2828 Johnstown, LLC, et al.,
Defendants.
PLAINTIFF'S INITIAL DISCLOSURES PURSUANT TO RULE 26(B)(3)
Plaintiff, Kate Vidovich, Administrator of the Estate of Charles Westbrook, through
counsel and pursuant to Ohio R. Civ. 26(B)(3), makes the following initial disclosures based on
information and evidence currently available, and reserves the right to supplement this list as
information and documents become available.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774
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A. Individuals Likely to Have Discoverable Information
i. Ciera Childers
638 Josephine Avenue
Columbus, OH 43204
Relevant Knowledge: Ms. Childers has knowledge of the facts and
circumstances relevant to the allegations in the Complaint.
ii. Patty Jennings
1448 Greenock Road
Columbus, OH 43228
Relevant Knowledge: Ms. Jennings has knowledge of the facts and
circumstances relevant to the allegations in the Complaint.
iii. Russell Kolins, BSSM, CCDI; ICACP, BAI
1528 Walnut Street, Suite 600
Philadelphia, PA 19102
Relevant Knowledge: Mr. Kolins has expert knowledge regarding the
implementation of required security standards owed to all invitees by
hospitality and business entities
IV. Representative of 2828 Johnstown LLC dba Bucks Platinum
Relevant Knowledge: The 2828 Johnstown LLC dba Bucks Platinum
Representative will have general knowledge of the applicable policies of
insurance, company policies and procedures, and any internal investigation
of the subject incident.
Vv. Any witnesses identified in a police report or identified through discovery
vi. Responding police officer(s) as identified in a police report
a. Officer Brian Toth
1945 Frebis Avenue d. Officer Cheyenne Hughes
Columbus, OH 43206 3820 Cleveland Avenue
Columbus, OH 43224
Officer Brian Yoder
1945 Frebis Avenue Officer Cody Corrova
Columbus, OH 43206 1945 Frebis Avenue
Columbus, OH 43206
Officer Bryan Meister
1945 Frebis Avenue
Columbus, OH 43206
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774
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Officer Collin Brintlinger Officer Joel Castle
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
Officer Connor Mulvey Officer John Kirby
3820 Cleveland Avenue 1945 Frebis Avenue
Columbus, OH 43224 Columbus, OH 43206
Officer Dennis Coyne Officer John Thompson
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
Officer Jacob Fowler Officer Michael Gross
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
Officer James Plumb Officer Mickey Casper
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
James Goodwin Officer Shea Brintlinger
3820 Cleveland Avenue 1945 Frebis Avenue
Columbus, OH 43224 Columbus, OH 43206
Officer Jamie Burr Officer Stephen Greenberg
3820 Cleveland Avenue 1945 Frebis Avenue
Columbus, OH 43224 Columbus, OH 43206
Officer Jason Davis Officer Thomas Lovings
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
Officer Jason Evans Officer Timothy Christian
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
Officer Jeffrey Valentine Officer Timothy Curren
1945 Frebis Avenue 1945 Frebis Avenue
Columbus, OH 43206 Columbus, OH 43206
Officer Wyatt Rippel
1945 Frebis Avenue
Columbus, OH 43206
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774
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vii. Plaintiff reserves the right to call any witness identified by any other party
to this lawsuit, whether or not the party intends to call that witness at the
time of trial
B. Description of Documents
Based upon the reasonably available information, Plaintiff believes that the
following documents and tangible things may be relevant to the claims in this
litigation: Police Report, Incident Reports, Internal Investigation documents
completed by Defendant 2828 Johnstown LLC dba Bucks Platinum, and any and
all applicable insurance policies as they pertain to Defendant 2828 Johnstown
LLC dba Bucks Platinum. Plaintiff reserves the right to supplement this disclosure
as it becomes necessary.
Cc Computation of Damages
i. First Count: Plaintiff seeks damages from Defendant 2828 Johnstown LLC
dba Bucks Platinum’s negligent hiring, retention, and supervision of its employees
As a direct and proximate result, Decedent Charles Westbrook died and has been
damaged in a total amount to be determined at trial in excess of $25,000.00
ii. Second Count: Plaintiff seeks damages from Defendant John Doe and
Company XYZ’s negligence. As a direct and proximate result, Decedent Charles
Westbrook died and has been damaged in a total amount to be determined at trial
in excess of $25,000.00.
iii. Third Count Plaintiff seeks damages from Defendant 2828 Johnstown
LLC dba Bucks Platinum as to its violation of Ohio Revised Code §4399.18. Asa
direct and proximate result of its negligence, Decedent Charles Westbrook died and
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774
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has been damaged in a total amount to be determined at trial in excess of
$25,000.00.
iv. Fourth Count: Plaintiff seeks damages from Defendant 2828 Johnstown
LLC dba Bucks Platinum’s negligence as to combined negligent, reckless, and/or
wanton conduct actions, and/or omissions. As a direct and proximate result,
Decedent Charles Westbrook’s beneficiaries and next of kin have suffered and will
continue to suffer loss of his society, companionship, consortium, care, assistance,
attention, protection, advice, guidance, counsel, instruction, training, education,
and earning capacity,
Vv. Fifth Count: Plaintiff seeks punitive damages from Defendant Charles
Foster as to his disregard for human life when he intentionally and unlawfully
discharged his firearm. As a result, Decedent Charles Westbrook died and has been
damaged in a total amount to be determined at trial in excess of $25,000.00
vi. Sixth Count Plaintiff seeks punitive damages from Defendant Jermaine
Westbrook as to his disregard for human life when he intentionally and unlawfully
discharged his firearm. As a result, Decedent Charles Westbrook died and has been
damaged in a total amount to be determined at trial in excess of $25,000.00.
D. Insurance Policy
See Defendant’s insurance policy
RESERVATIONS
The information in this Initial Disclosure is based on knowledge or materials now available
and specifically known to Plaintiff. As necessary, Plaintiff will supplement this disclosure in
accordance with the requirements of Rule 26(B) of the Ohio Rules of Civil Procedure.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774
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Respectfully submitted,
SOROKA & ASSOCIATES, LLC
/s/Matthew Bodeman
Roger Soroka (0082195)
Matthew Bodeman (0100434)
503 S. Front Street, Suite 205
Columbus, OH 43215
P: (614) 358-6525
F: (614) 448-4487
Roger@sorokalegal.com
Matt@sorokalegal.com
Counsel for Plaintiff
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on this 8" day
of August, 2023, via e-filing system upon the following:
John Stalzer
Stalzer Law
20714 Stratford Avenue
Rocky River, Ohio 44116
jstalzer@stalzerlaw.com
Counsel for Defendant
2828 Johnstown LLC dba Bucks Platinum
s/ Matthew Bodeman
Matthew Bodeman (0100434)
Counsel for Plaintiff
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774 0G498 - R2 IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY, OHIO Autumn Eckman, Plaintiff, Case No. 23CV2813 Vv. Judge Young 2828 Johnstown, LLC, et al., Defendants. The Estate of Charles Westbrook, Plaintiff, Case No. 23CV3774 V. Judge Young 2828 Johnstown, LLC, et al., Defendants. Omar Jama, Plaintiff, Case No. 23CV4643 Vv. Judge Young 2828 Johnstown, LLC, et al., Defendants. PLAINTIFF'S INITIAL DISCLOSURES PURSUANT TO RULE 26(B)(3) Plaintiff, Kate Vidovich, Administrator of the Estate of Charles Westbrook, through counsel and pursuant to Ohio R. Civ. 26(B)(3), makes the following initial disclosures based on information and evidence currently available, and reserves the right to supplement this list as information and documents become available. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774 0G498 - R2 A. Individuals Likely to Have Discoverable Information i. Ciera Childers 638 Josephine Avenue Columbus, OH 43204 Relevant Knowledge: Ms. Childers has knowledge of the facts and circumstances relevant to the allegations in the Complaint. ii. Patty Jennings 1448 Greenock Road Columbus, OH 43228 Relevant Knowledge: Ms. Jennings has knowledge of the facts and circumstances relevant to the allegations in the Complaint. iii. Russell Kolins, BSSM, CCDI; ICACP, BAI 1528 Walnut Street, Suite 600 Philadelphia, PA 19102 Relevant Knowledge: Mr. Kolins has expert knowledge regarding the implementation of required security standards owed to all invitees by hospitality and business entities IV. Representative of 2828 Johnstown LLC dba Bucks Platinum Relevant Knowledge: The 2828 Johnstown LLC dba Bucks Platinum Representative will have general knowledge of the applicable policies of insurance, company policies and procedures, and any internal investigation of the subject incident. Vv. Any witnesses identified in a police report or identified through discovery vi. Responding police officer(s) as identified in a police report a. Officer Brian Toth 1945 Frebis Avenue d. Officer Cheyenne Hughes Columbus, OH 43206 3820 Cleveland Avenue Columbus, OH 43224 Officer Brian Yoder 1945 Frebis Avenue Officer Cody Corrova Columbus, OH 43206 1945 Frebis Avenue Columbus, OH 43206 Officer Bryan Meister 1945 Frebis Avenue Columbus, OH 43206 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774 0G498 - R2 Officer Collin Brintlinger Officer Joel Castle 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 Officer Connor Mulvey Officer John Kirby 3820 Cleveland Avenue 1945 Frebis Avenue Columbus, OH 43224 Columbus, OH 43206 Officer Dennis Coyne Officer John Thompson 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 Officer Jacob Fowler Officer Michael Gross 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 Officer James Plumb Officer Mickey Casper 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 James Goodwin Officer Shea Brintlinger 3820 Cleveland Avenue 1945 Frebis Avenue Columbus, OH 43224 Columbus, OH 43206 Officer Jamie Burr Officer Stephen Greenberg 3820 Cleveland Avenue 1945 Frebis Avenue Columbus, OH 43224 Columbus, OH 43206 Officer Jason Davis Officer Thomas Lovings 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 Officer Jason Evans Officer Timothy Christian 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 Officer Jeffrey Valentine Officer Timothy Curren 1945 Frebis Avenue 1945 Frebis Avenue Columbus, OH 43206 Columbus, OH 43206 Officer Wyatt Rippel 1945 Frebis Avenue Columbus, OH 43206 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774 0G498 - R2 vii. Plaintiff reserves the right to call any witness identified by any other party to this lawsuit, whether or not the party intends to call that witness at the time of trial B. Description of Documents Based upon the reasonably available information, Plaintiff believes that the following documents and tangible things may be relevant to the claims in this litigation: Police Report, Incident Reports, Internal Investigation documents completed by Defendant 2828 Johnstown LLC dba Bucks Platinum, and any and all applicable insurance policies as they pertain to Defendant 2828 Johnstown LLC dba Bucks Platinum. Plaintiff reserves the right to supplement this disclosure as it becomes necessary. Cc Computation of Damages i. First Count: Plaintiff seeks damages from Defendant 2828 Johnstown LLC dba Bucks Platinum’s negligent hiring, retention, and supervision of its employees As a direct and proximate result, Decedent Charles Westbrook died and has been damaged in a total amount to be determined at trial in excess of $25,000.00 ii. Second Count: Plaintiff seeks damages from Defendant John Doe and Company XYZ’s negligence. As a direct and proximate result, Decedent Charles Westbrook died and has been damaged in a total amount to be determined at trial in excess of $25,000.00. iii. Third Count Plaintiff seeks damages from Defendant 2828 Johnstown LLC dba Bucks Platinum as to its violation of Ohio Revised Code §4399.18. Asa direct and proximate result of its negligence, Decedent Charles Westbrook died and Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774 0G498 - R2 has been damaged in a total amount to be determined at trial in excess of $25,000.00. iv. Fourth Count: Plaintiff seeks damages from Defendant 2828 Johnstown LLC dba Bucks Platinum’s negligence as to combined negligent, reckless, and/or wanton conduct actions, and/or omissions. As a direct and proximate result, Decedent Charles Westbrook’s beneficiaries and next of kin have suffered and will continue to suffer loss of his society, companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, education, and earning capacity, Vv. Fifth Count: Plaintiff seeks punitive damages from Defendant Charles Foster as to his disregard for human life when he intentionally and unlawfully discharged his firearm. As a result, Decedent Charles Westbrook died and has been damaged in a total amount to be determined at trial in excess of $25,000.00 vi. Sixth Count Plaintiff seeks punitive damages from Defendant Jermaine Westbrook as to his disregard for human life when he intentionally and unlawfully discharged his firearm. As a result, Decedent Charles Westbrook died and has been damaged in a total amount to be determined at trial in excess of $25,000.00. D. Insurance Policy See Defendant’s insurance policy RESERVATIONS The information in this Initial Disclosure is based on knowledge or materials now available and specifically known to Plaintiff. As necessary, Plaintiff will supplement this disclosure in accordance with the requirements of Rule 26(B) of the Ohio Rules of Civil Procedure. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 08 3:51 PM-23CV003774 0G498 - R2 Respectfully submitted, SOROKA & ASSOCIATES, LLC /s/Matthew Bodeman Roger Soroka (0082195) Matthew Bodeman (0100434) 503 S. Front Street, Suite 205 Columbus, OH 43215 P: (614) 358-6525 F: (614) 448-4487 Roger@sorokalegal.com Matt@sorokalegal.com Counsel for Plaintiff CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing document was served on this 8" day of August, 2023, via e-filing system upon the following: John Stalzer Stalzer Law 20714 Stratford Avenue Rocky River, Ohio 44116 jstalzer@stalzerlaw.com Counsel for Defendant 2828 Johnstown LLC dba Bucks Platinum s/ Matthew Bodeman Matthew Bodeman (0100434) Counsel for Plaintiff