On June 15, 2022 a
MOTION FILED FOR P1 SHAINA WHYE MURRAY RICHELSON 0021112 PLAINTIFF'S AGREED MOTION TO CONTINUE TRIAL 04/11/2023 - UNKNOWN - MO
was filed
involving a dispute between
Asia Gates,
Kadence Garrett,
Shaina Whye,
and
Crawford Us Property And Casualty,
Go Insurance Dba Topa Insurance Company,
Kelly Parks,
Larry Smith,
Lewis Battaglia,
Ohio Dept. Of Medicaid C O Joseph Mccandlish Assistant Ohio Attorney General,
Sean Dillard,
for TORT-M.V. ACCIDENT
in the District Court of Cuyahoga County.
Preview
Motion No. 5074793
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
March 22,2023 10:13
By: MURRAY RICHELSON 0021112
Confirmation Nbr. 2808075
SHAINA WHYE ET AL. CV 22 964751
vs.
Judge: JOHN R O'DONNELL
LEWIS BATTAGLIA ET AL.
Pages Filed: 3
Electronically Filed 03/22/2023 10:13 / MOTION / CV 22 964751 / Confirmation Nbr. 2808075 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
SHAINAWHYE etal. .* CASE NO.: 22-964751
*
Plaintiffs * JUDGE: JOHN P. O’DONNELL
*
-vs- * PLAINTIFF’S AGREED MOTION TO
* CONTINUE TRIAL
*
LEWIS BATTAGLIA et al. *
•
Defendants *
Now comes the Plaintiff and respectfully moves the Court for a continuance of the trial date
currently scheduled for April 11,2023 for the reasons contained in the attached brief.
Respectfully submitted,
/$/Murray Richelson
DANIEL M. KATZ (0067170)
MURRAY RICHELSON (0021112)
Attorneys for Plaintiff
DANIEL MARK KATZ CO., L.PA.
50 Public Square
Terminal Tower 2200 A
Cleveland, OH 44113
Phone: (216) 696-5250
Fax: (216) 696-5356
E-Mail: DMK@DMKLEGAL.COM
MURRAY@DMKLEGAL.COM
Electronically Filed 03/22/2023 10:13 I MOTION I CV 22 964751 I Confirmation Nbr. 2808075 I BATCH
BRIEF
This cause of action arises out two motor vehicle accidents. The second one that occurred on
January 27,2022 with the named Defendant Sean Dillard. The person causing this accident
failed to exchange information at the scene and was belligerent and threatening to the Plaintiff.
Accordingly, Plaintiff never identified other party only to rely on the East Cleveland Police
report. Plaintiff attempt to serve him were futile only to result in his dismissal. On December
30,2022 counsel for Plaintiffs insurance company (GO Insurance) informed the Court and
Plaintiff’s counsel that Sean Dillard was incorrectly named on the police report and that the real
parties are Larry Smith and/or Kelly Parks. This information came from Allstate Insurance to
GO Insurance.
Plaintiff and GO Insurance need to add the correct party to the case and conduct
appropriate discovery. The case is not overage being filed June 15,2022 and this is the first
request for a continuance. The counsels for the current Defendants join in this motion.
Attorney Paul Morway for the new parties is aware of the motion and does not object.
Wherefore Plaintiff respectfully moves the Court to continue the trial.
Respectfully submitted,
s/Murray Richelson
DANIEL M. KATZ (0067170)
MURRAY RICHELSON (0021112)
Attorneys for Plaintiff
DANIEL MARK KATZ CO., L.P.A.
50 Public Square
Terminal Tower 2200 A
Cleveland, OH 44113
Phone: (216) 696-5250
Electronically Filed 03/22/2023 10:13 I MOTION I CV 22 964751 / Co .
.COM
MURRAY@DMKLEGAL.COM
Certificate of Service
I hereby certify that a copy of the foregoing Motion has been served to all parties of
record through the Court’s ECF system.
/s/Murray Richelson
Murray Richelson (0021112)
Attorneyfor Plaintiff
Electronically Filed 03/22/2023 10:13 / MOTION I CV 22 964751 / Confirmation Nbr. 2808075 I BATCH
Document Filed Date
March 22, 2023
Case Filing Date
June 15, 2022
Category
TORT-M.V. ACCIDENT
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Motion No. 5074793 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... March 22,2023 10:13 By: MURRAY RICHELSON 0021112 Confirmation Nbr. 2808075 SHAINA WHYE ET AL. CV 22 964751 vs. Judge: JOHN R O'DONNELL LEWIS BATTAGLIA ET AL. Pages Filed: 3 Electronically Filed 03/22/2023 10:13 / MOTION / CV 22 964751 / Confirmation Nbr. 2808075 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO SHAINAWHYE etal. .* CASE NO.: 22-964751 * Plaintiffs * JUDGE: JOHN P. O’DONNELL * -vs- * PLAINTIFF’S AGREED MOTION TO * CONTINUE TRIAL * LEWIS BATTAGLIA et al. * • Defendants * Now comes the Plaintiff and respectfully moves the Court for a continuance of the trial date currently scheduled for April 11,2023 for the reasons contained in the attached brief. Respectfully submitted, /$/Murray Richelson DANIEL M. KATZ (0067170) MURRAY RICHELSON (0021112) Attorneys for Plaintiff DANIEL MARK KATZ CO., L.PA. 50 Public Square Terminal Tower 2200 A Cleveland, OH 44113 Phone: (216) 696-5250 Fax: (216) 696-5356 E-Mail: DMK@DMKLEGAL.COM MURRAY@DMKLEGAL.COM Electronically Filed 03/22/2023 10:13 I MOTION I CV 22 964751 I Confirmation Nbr. 2808075 I BATCH BRIEF This cause of action arises out two motor vehicle accidents. The second one that occurred on January 27,2022 with the named Defendant Sean Dillard. The person causing this accident failed to exchange information at the scene and was belligerent and threatening to the Plaintiff. Accordingly, Plaintiff never identified other party only to rely on the East Cleveland Police report. Plaintiff attempt to serve him were futile only to result in his dismissal. On December 30,2022 counsel for Plaintiffs insurance company (GO Insurance) informed the Court and Plaintiff’s counsel that Sean Dillard was incorrectly named on the police report and that the real parties are Larry Smith and/or Kelly Parks. This information came from Allstate Insurance to GO Insurance. Plaintiff and GO Insurance need to add the correct party to the case and conduct appropriate discovery. The case is not overage being filed June 15,2022 and this is the first request for a continuance. The counsels for the current Defendants join in this motion. Attorney Paul Morway for the new parties is aware of the motion and does not object. Wherefore Plaintiff respectfully moves the Court to continue the trial. Respectfully submitted, s/Murray Richelson DANIEL M. KATZ (0067170) MURRAY RICHELSON (0021112) Attorneys for Plaintiff DANIEL MARK KATZ CO., L.P.A. 50 Public Square Terminal Tower 2200 A Cleveland, OH 44113 Phone: (216) 696-5250 Electronically Filed 03/22/2023 10:13 I MOTION I CV 22 964751 / Co . .COM MURRAY@DMKLEGAL.COM Certificate of Service I hereby certify that a copy of the foregoing Motion has been served to all parties of record through the Court’s ECF system. /s/Murray Richelson Murray Richelson (0021112) Attorneyfor Plaintiff Electronically Filed 03/22/2023 10:13 / MOTION I CV 22 964751 / Confirmation Nbr. 2808075 I BATCH