On April 25, 2023 a
CASE CALLED FOR CMC BY PHONE. PLAINTIFF PRESENT THROUGH COUNSEL. DEFENDANT WESTLAKE ACRES NURSING AND REHABILITATION CENTER LLC PRESENT THROUGH COUNSEL. NO PARTICIPATION ON BEHALF OF ANY OTHER DEFENDANTS. PARTIES AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE: FACT DISCOVERY CUT-OFF 11/03/2023 PARTY WITH THE BURDEN OF PROOF AS TO A PARTICULAR ISSUE EXPERT REPORT DUE 12/01/2023 RESPONDING PARTY'S OPPOSING EXPERT REPORT DUE 12/29/2023 DISPOSITIVE MOTIONS DUE ON OR BEFORE 01/26/2023 ANY BRIEF IN OPPOSITION IS DUE WITHIN THIRTY (30) DAYS OF FILING DISPOSITIVE MOTION ANY REPLY BRIEF IN SUPPORT IS DUE WITHIN FOURTEEN (14) DAYS OF FILING BRIEF IN OPPOSITION. THE PARTIES ARE ENCOURAGED TO WORK TOGETHER FOR DISCOVERY DISPUTES. IF DISCOVERY DISPUTES REMAIN, THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY AT (216) 443-8590 BEFORE FILING ANY MOTIONS TO COMPEL AND A HEARING MAY BE SCHEDULED. UNSCHEDULED EVENT SET FOR 04/05/2024 AT 09:00 AM. UNSCHEDULED EVENT/NON-ORAL HEARING ON DISPOSITIVE MOTIONS. NEITHER COUNSEL NOR PARTIES TO APPEAR AND A RULING ON THE DISPOSITIVE MOTIONS WILL BE MADE ON OR ABOUT THIS DATE. FINAL PRETRIAL SET FOR 04/16/2024 AT 02:30 PM. PARTIES TO SERVE AND FILE PRETRIAL STATEMENT NO LESS THAN ONE WEEK PRIOR TO THE FINAL PRETRIAL. ALL PARTIES AND CHOSEN REPRESENTATIVES MUST BE PRESENT AT THE FINAL PRETRIAL WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY. IF THE REAL PARTY IN INTEREST IS AN INSURANCE COMPANY, CORPORATION, COMMON CARRIER, OR OTHER ARTIFICIAL ENTITY, THEN THE CHOSEN REPRESENTATIVE MUST BE THE PERSON WITH FULL, FINAL, AND IMMEDIATE AUTHORITY TO NEGOTIATE AND ENTER INTO A BINDING SETTLEMENT AGREEMENT AS TO ALL CLAIMS. FAILURE TO APPEAR BY ANY PARTY/REPRESENTATIVE WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY SHALL CONSTITUTE A VIOLATION OF THIS ORDER AND MAY RESULT IN SANCTIONS INCLUDING, BUT NOT LIMITED TO, AN AWARD OF COSTS AND ATTORNEY FEES INCURRED BY THE OTHER PARTIES IN CONNECTION WITH THE CONFERENCE, AS WELL AS OTHER APPROPRIATE SANCTIONS AGAINST THE NONCOMPLYING PARTY AND/OR COUNSEL. IN ADDITION, THE COURT WILL SCHEDULE A HEARING WHICH SAID PARTY/REPRESENTATIVE SHALL BE REQUIRED TO ATTEND PERSONALLY AND SHOW CAUSE WHY S/HE SHOULD NOT BE HELD IN CONTEMPT OF COURT. TRIAL BY JURY SET FOR 05/07/2024 AT 09:00 AM. PARTIES SHALL SUBMIT TRIAL BRIEFS, MOTIONS IN LIMINE, JURY INTERROGATORIES AND JURY INSTRUCTIONS, NO LATER THAN FOURTEEN (14) DAYS BEFORE TRIAL. TRIAL BRIEFS ARE TO INCLUDE: A STATEMENT OF THE FACTS; A DISCUSSION OF THE CONTROLLING LAW; ANY STIPULATIONS; WITNESS LIST ALONG WITH A BRIEF DESCRIPTION OF THE SUBJECT MATTER OF THE TESTIMONY OF EACH WITNESS; EXHIBIT LIST CONTAINING A BRIEF DESCRIPTION OF EACH EXHIBIT. WITNESSES OR EXHIBITS NOT LISTED IN THE TRIAL BRIEF SHALL NOT TESTIFY OR BE INTRODUCED AT TRIAL ABSENT A SHOWING OF GOOD CAUSE. OPPOSING BRIEFS TO MOTIONS IN LIMINE SHALL BE FILED NO LATER THAN SEVEN (7) DAYS BEFORE TRIAL. COUNSEL FOR THE PARTIES ARE REQUIRED TO CONFER WITH ONE ANOTHER WITH RESPECT TO THE PROPOSED JURY INTERROGATORIES/INSTRUCTIONS, WITH A VIEW TO REACHING AGREEMENT ON INTERROGATORIES/INSTRUCTIONS TO BE REQUESTED. THE INTERROGATORIES/INSTRUCTIONS AGREED UPON BY ALL COUNSEL SHALL BE IDENTIFIED. DISPUTED INTERROGATORIES/INSTRUCTIONS SHALL LIKEWISE BE IDENTIFIED ALONG WITH SEPARATE CITATION TO LEGAL AUTHORITY FOR EACH. COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR ENSURING THAT A COPY OF THE PROPOSED JURY INSTRUCTIONS, INTERROGATORIES AND VERDICT FORMS ARE EMAILED IN WORD FORMAT TO THE STAFF ATTORNEY AT KTROUTEN@CUYAHOGACOUNTY. US AT LEAST FOURTEEN (14) DAYS BEFORE THE SCHEDULED TRIAL DATE. EXHIBITS SHALL BE BOUND AND MARKED BEFORE TRIAL AND SUBMITTED TO THE COURT PRIOR TO TRIAL. EACH PARTY SHALL INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF THE COURT. ALL POSSIBLE STIPULATIONS ARE TO BE MADE PRIOR TO TRIAL. PARTIES SHALL PREPARE A STIPULATED STATEMENT OF THE CASE FOR THE COURT TO READ TO THE JURY PURSUANT TO CIV. R. 47(A). A PRE-TRIAL MOTION HEARING MAY BE SCHEDULED BY THE COURT. IN THE EVENT THE COURT IS ENGAGED IN TRIAL THIS MATTER MAY BE REFERRED TO A VISITING JUDGE. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS OR DISMISSAL OF THIS CASE. NOTICE ISSUED - JE
was filed
involving a dispute between
Shiftmed, Llc,
and
Goldner Capital Management, Llc,
Samuel Goldner,
Strat Op, Llc,
Westchester Parkway Consulting, Llc,
Westlake Acres Nursing & Rehabilitation Center, Llc,
for CONTRACT - BUSINESS
in the District Court of Cuyahoga County.
Preview
154020933
154020933
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
SHIFTMED, LLC Case No: CV-23-978544
Plaintiff
Judge: SHERRIE MID AY
WESTCHESTER PARKWAY CONSULTING, LLC, LT.
AL
Defendant
JOURNAL ENTRY
CASE CALLED FOR CMC BY PHONE. PLAINTIFF PRESENT THROUGH COUNSEL. DEFENDANT WESTLAKE ACRES
NURSING AND REHABILITATION CENTER LLC PRESENT THROUGH COUNSEL. NO PARTICIPATION ON BEHALF OF
ANY OTHER DEFENDANTS. PARTIES AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE:
FACT DISCOVERY CUT-OFF 11/03/2023
PARTY WITH THE BURDEN OF PROOF AS TO A PARTICULAR ISSUE EXPERT REPORT DUE 12/01/2023
RESPONDING PARTY'S OPPOSING EXPERT REPORT DUE 12/29/2023
DISPOSITIVE MOTIONS DUE ON OR BEFORE 01/26/2023
ANY BRIEF IN OPPOSITION IS DUE WITHIN THIRTY (30) DAYS OF FILING DISPOSITIVE MOTION
ANY REPLY BRIEF IN SUPPORT IS DUE WITHIN FOURTEEN (14) DAYS OF FILING BRIEF IN OPPOSITION.
THE PARTIES ARE ENCOURAGED TO WORK TOGETHER FOR DISCOVERY DISPUTES. IF DISCOVERY DISPUTES
REMAIN, THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY AT (216) 443-8590 BEFORE FILING ANY MOTIONS
TO COMPEL AND A HEARING MAY BE SCHEDULED.
UNSCHEDULED EVENT SET FOR 04/05/2024 AT 09:00 AM. UNSCHEDULED EVENT/NON-ORAL HEARING ON
DISPOSITIVE MOTIONS. NEITHER COUNSEL NOR PARTIES TO APPEAR AND A RULING ON THE DISPOSITIVE
MOTIONS WILL BE MADE ON OR ABOUT THIS DATE.
FINAL PRETRIAL SET FOR 04/16/2024 AT 02:30 PM. PARTIES TO SERVE AND FILE PRETRIAL STATEMENT NO LESS
THAN ONE WEEK PRIOR TO THE FINAL PRETRIAL. ALL PARTIES AND CHOSEN REPRESENTATIVES MUST BE
PRESENT AT THE FINAL PRETRIAL WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY. IF THE REAL
PARTY IN INTEREST IS AN INSURANCE COMPANY, CORPORATION, COMMON CARRIER, OR OTHER ARTIFICIAL
ENTITY, THEN THE CHOSEN REPRESENTATIVE MUST BE THE PERSON WITH FULL, FINAL, AND IMMEDIATE
AUTHORITY TO NEGOTIATE AND ENTER INTO A BINDING SETTLEMENT AGREEMENT AS TO ALL CLAIMS.
FAILURE TO APPEAR BY ANY PARTY/REPRE SENTATIVE WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT
AUTHORITY SHALL CONSTITUTE A VIOLATION OF THIS ORDER AND MAY RESULT IN SANCTIONS INCLUDING,
BUT NOT LIMITED TO, AN AWARD OF COSTS AND ATTORNEY FEES INCURRED BY THE OTHER PARTIES IN
CONNECTION WITH THE CONFERENCE, AS WELL AS OTHER APPROPRIATE SANCTIONS AGAINST THE
NONCOMPLYING PARTY AND/OR COUNSEL. IN ADDITION, THE COURT WILL SCHEDULE A HEARING WHICH SAID
PARTY/REPRESENTATIVE SHALL BE REQUIRED TO ATTEND PERSONALLY AND SHOW CAUSE WHY S/HE SHOULD
NOT BE HELD IN CONTEMPT OF COURT.
TRIAL BY JURY SET FOR 05/07/2024 AT 09:00 AM. PARTIES SHALL SUBMIT TRIAL BRIEFS, MOTIONS IN LIMINE,
JURY INTERROGATORIES AND JURY INSTRUCTIONS, NO LATER THAN FOURTEEN (14) DAYS BEFORE TRIAL.
TRIAL BRIEFS ARE TO INCLUDE: A STATEMENT OF THE FACTS; A DISCUSSION OF THE CONTROLLING LAW; ANY
STIPULATIONS; WITNESS LIST ALONG WITH A BRIEF DESCRIPTION OF THE SUBJECT MATTER OF THE TESTIMONY
OF EACH WITNESS; EXHIBIT LIST CONTAINING A BRIEF DESCRIPTION OF EACH EXHIBIT. WITNESSES OR
EXHIBITS NOT LISTED IN THE TRIAL BRIEF SHALL NOT TESTIFY OR BE INTRODUCED AT TRIAL ABSENT A
08/01/2023
RECEIVED FOR FILING
08/02/2023 13:36:07
NAILAH K. BYRD, CLERK
Page 1 of2
154020933
154020933
SHOWING OF GOOD CAUSE. OPPOSING BRIEFS TO MOTIONS IN LIMINE SHALL BE FILED NO LATER THAN SEVEN
(7) DAYS BEFORE TRIAL.
COUNSEL FOR THE PARTIES ARE REQUIRED TO CONFER WITH ONE ANOTHER WITH RESPECT TO THE PROPOSED
JURY INTERROGATORIES/INSTRUCTIONS, WITH A VIEW TO REACHING AGREEMENT ON
INTERROGATORIES/INSTRUCTIONS TO BE REQUESTED. THE INTERROGATORIES/INSTRUCTIONS AGREED UPON
BY ALL COUNSEL SHALL BE IDENTIFIED. DISPUTED INTERROGATORIES/INSTRUCTIONS SHALL LIKEWISE BE
IDENTIFIED ALONG WITH SEPARATE CITATION TO LEGAL AUTHORITY FOR EACH. COUNSEL FOR THE PLAINTIFF
SHALL BE RESPONSIBLE FOR ENSURING THAT A COPY OF THE PROPOSED JURY INSTRUCTIONS,
INTERROGATORIES AND VERDICT FORMS ARE EMAILED IN WORD FORMAT TO THE STAFF ATTORNEY AT
KTROUTEN@CUYAHOGACOUNTY. US AT LEAST FOURTEEN (14) DAYS BEFORE THE SCHEDULED TRIAL DATE.
EXHIBITS SHALL BE BOUND AND MARKED BEFORE TRIAL AND SUBMITTED TO THE COURT PRIOR TO TRIAL.
EACH PARTY SHALL INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT
MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF THE COURT.
ALL POSSIBLE STIPULATIONS ARE TO BE MADE PRIOR TO TRIAL. PARTIES SHALL PREPARE A STIPULATED
STATEMENT OF THE CASE FOR THE COURT TO READ TO THE JURY PURSUANT TO CIV. R. 47(A).
A PRE-TRIAL MOTION HEARING MAY BE SCHEDULED BY THE COURT. IN THE EVENT THE COURT IS ENGAGED IN
TRIAL THIS MATTER MAY BE REFERRED TO A VISITING JUDGE.
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS OR DISMISSAL OF THIS CASE.
Judge Signature 08/02/2023
08/01/2023
RECEIVED FOR FILING
08/02/2023 13:36:07
NAILAH K. BYRD, CLERK
Page 2 of 2
Document Filed Date
August 02, 2023
Case Filing Date
April 25, 2023
Category
CONTRACT - BUSINESS
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
154020933 154020933 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO SHIFTMED, LLC Case No: CV-23-978544 Plaintiff Judge: SHERRIE MID AY WESTCHESTER PARKWAY CONSULTING, LLC, LT. AL Defendant JOURNAL ENTRY CASE CALLED FOR CMC BY PHONE. PLAINTIFF PRESENT THROUGH COUNSEL. DEFENDANT WESTLAKE ACRES NURSING AND REHABILITATION CENTER LLC PRESENT THROUGH COUNSEL. NO PARTICIPATION ON BEHALF OF ANY OTHER DEFENDANTS. PARTIES AGREED TO THE FOLLOWING CASE MANAGEMENT SCHEDULE: FACT DISCOVERY CUT-OFF 11/03/2023 PARTY WITH THE BURDEN OF PROOF AS TO A PARTICULAR ISSUE EXPERT REPORT DUE 12/01/2023 RESPONDING PARTY'S OPPOSING EXPERT REPORT DUE 12/29/2023 DISPOSITIVE MOTIONS DUE ON OR BEFORE 01/26/2023 ANY BRIEF IN OPPOSITION IS DUE WITHIN THIRTY (30) DAYS OF FILING DISPOSITIVE MOTION ANY REPLY BRIEF IN SUPPORT IS DUE WITHIN FOURTEEN (14) DAYS OF FILING BRIEF IN OPPOSITION. THE PARTIES ARE ENCOURAGED TO WORK TOGETHER FOR DISCOVERY DISPUTES. IF DISCOVERY DISPUTES REMAIN, THE PARTIES ARE TO CONTACT THE STAFF ATTORNEY AT (216) 443-8590 BEFORE FILING ANY MOTIONS TO COMPEL AND A HEARING MAY BE SCHEDULED. UNSCHEDULED EVENT SET FOR 04/05/2024 AT 09:00 AM. UNSCHEDULED EVENT/NON-ORAL HEARING ON DISPOSITIVE MOTIONS. NEITHER COUNSEL NOR PARTIES TO APPEAR AND A RULING ON THE DISPOSITIVE MOTIONS WILL BE MADE ON OR ABOUT THIS DATE. FINAL PRETRIAL SET FOR 04/16/2024 AT 02:30 PM. PARTIES TO SERVE AND FILE PRETRIAL STATEMENT NO LESS THAN ONE WEEK PRIOR TO THE FINAL PRETRIAL. ALL PARTIES AND CHOSEN REPRESENTATIVES MUST BE PRESENT AT THE FINAL PRETRIAL WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY. IF THE REAL PARTY IN INTEREST IS AN INSURANCE COMPANY, CORPORATION, COMMON CARRIER, OR OTHER ARTIFICIAL ENTITY, THEN THE CHOSEN REPRESENTATIVE MUST BE THE PERSON WITH FULL, FINAL, AND IMMEDIATE AUTHORITY TO NEGOTIATE AND ENTER INTO A BINDING SETTLEMENT AGREEMENT AS TO ALL CLAIMS. FAILURE TO APPEAR BY ANY PARTY/REPRE SENTATIVE WITH FULL, FINAL, AND IMMEDIATE SETTLEMENT AUTHORITY SHALL CONSTITUTE A VIOLATION OF THIS ORDER AND MAY RESULT IN SANCTIONS INCLUDING, BUT NOT LIMITED TO, AN AWARD OF COSTS AND ATTORNEY FEES INCURRED BY THE OTHER PARTIES IN CONNECTION WITH THE CONFERENCE, AS WELL AS OTHER APPROPRIATE SANCTIONS AGAINST THE NONCOMPLYING PARTY AND/OR COUNSEL. IN ADDITION, THE COURT WILL SCHEDULE A HEARING WHICH SAID PARTY/REPRESENTATIVE SHALL BE REQUIRED TO ATTEND PERSONALLY AND SHOW CAUSE WHY S/HE SHOULD NOT BE HELD IN CONTEMPT OF COURT. TRIAL BY JURY SET FOR 05/07/2024 AT 09:00 AM. PARTIES SHALL SUBMIT TRIAL BRIEFS, MOTIONS IN LIMINE, JURY INTERROGATORIES AND JURY INSTRUCTIONS, NO LATER THAN FOURTEEN (14) DAYS BEFORE TRIAL. TRIAL BRIEFS ARE TO INCLUDE: A STATEMENT OF THE FACTS; A DISCUSSION OF THE CONTROLLING LAW; ANY STIPULATIONS; WITNESS LIST ALONG WITH A BRIEF DESCRIPTION OF THE SUBJECT MATTER OF THE TESTIMONY OF EACH WITNESS; EXHIBIT LIST CONTAINING A BRIEF DESCRIPTION OF EACH EXHIBIT. WITNESSES OR EXHIBITS NOT LISTED IN THE TRIAL BRIEF SHALL NOT TESTIFY OR BE INTRODUCED AT TRIAL ABSENT A 08/01/2023 RECEIVED FOR FILING 08/02/2023 13:36:07 NAILAH K. BYRD, CLERK Page 1 of2 154020933 154020933 SHOWING OF GOOD CAUSE. OPPOSING BRIEFS TO MOTIONS IN LIMINE SHALL BE FILED NO LATER THAN SEVEN (7) DAYS BEFORE TRIAL. COUNSEL FOR THE PARTIES ARE REQUIRED TO CONFER WITH ONE ANOTHER WITH RESPECT TO THE PROPOSED JURY INTERROGATORIES/INSTRUCTIONS, WITH A VIEW TO REACHING AGREEMENT ON INTERROGATORIES/INSTRUCTIONS TO BE REQUESTED. THE INTERROGATORIES/INSTRUCTIONS AGREED UPON BY ALL COUNSEL SHALL BE IDENTIFIED. DISPUTED INTERROGATORIES/INSTRUCTIONS SHALL LIKEWISE BE IDENTIFIED ALONG WITH SEPARATE CITATION TO LEGAL AUTHORITY FOR EACH. COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR ENSURING THAT A COPY OF THE PROPOSED JURY INSTRUCTIONS, INTERROGATORIES AND VERDICT FORMS ARE EMAILED IN WORD FORMAT TO THE STAFF ATTORNEY AT KTROUTEN@CUYAHOGACOUNTY. US AT LEAST FOURTEEN (14) DAYS BEFORE THE SCHEDULED TRIAL DATE. EXHIBITS SHALL BE BOUND AND MARKED BEFORE TRIAL AND SUBMITTED TO THE COURT PRIOR TO TRIAL. EACH PARTY SHALL INCLUDE AS ONE OF THEIR EXHIBITS THE CURRICULUM VITAE OF ANY EXPERT(S) THAT MAY BE CALLED TO PRESENT EVIDENCE OR TESTIMONY AT TRIAL FOR THE USE OF THE COURT. ALL POSSIBLE STIPULATIONS ARE TO BE MADE PRIOR TO TRIAL. PARTIES SHALL PREPARE A STIPULATED STATEMENT OF THE CASE FOR THE COURT TO READ TO THE JURY PURSUANT TO CIV. R. 47(A). A PRE-TRIAL MOTION HEARING MAY BE SCHEDULED BY THE COURT. IN THE EVENT THE COURT IS ENGAGED IN TRIAL THIS MATTER MAY BE REFERRED TO A VISITING JUDGE. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS OR DISMISSAL OF THIS CASE. Judge Signature 08/02/2023 08/01/2023 RECEIVED FOR FILING 08/02/2023 13:36:07 NAILAH K. BYRD, CLERK Page 2 of 2