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CV-2022-09-3217 BREAUX, ALISON 02/02/2023 10:17:47 AM ORD-CASE Page 1 of 3
IN THE COURT OF COMMON PLEAS
COUNTY OF SUMMIT
UHG I LLC, ASSIGNEE OF ) CASE NO.: CV-2022-09-3217
LENDINGCLUB CORP )
) JUDGE ALISON BREAUX
Plaintiff )
-vs- )
) ORDER
LAURA VILLWOCK )
)
Defendant
- - -
A telephone status conference was held in this matter on January 30, 2023. By
agreement of the parties at that conference, the Court sets the following case management
schedule:
Defendant’s counterclaim is deemed filed as of the date of this Order. Plaintiff is
granted leave to file an Answer and/or responsive pleading by February 21, 2023.
By agreement of the parties, no further discovery is required. In the event the parties
voluntarily conduct further discovery, the parties are expected to cooperate and communicate in
the requests and production of discovery. SHOULD THERE BE DISCOVERY DISPUTES,
THE PARTIES SHALL CONTACT THE COURT PRIOR TO FILING ANY MOTIONS
TO COMPEL. In the event that any party files a motion to compel discovery without first
contacting the Court, the motion will be stricken, sua sponte.
By agreement of the parties, there will be no expert testimony or reports.
DISPOSITIVE MOTIONS: Parties shall file any supplements to their dispositive
motions by February 21, 2023. Any replies to supplements shall be filed by February 27,
2023.
REQUESTS FOR LEAVE: When requesting leave to plead, parties are not
permitted to also file the pleading instanter. In the event that any party files a pleading
without first obtaining leave from the Court, the pleading shall be stricken from the
record, sua sponte.
MEDIATION: This case is referred to mediation by separate order.
FINAL PRETRIAL: August 31, 2023 at 9:00 AM. All clients must be present with
trial counsel of record. If an insurance company is involved, a representative with complete
settlement authority must attend.
1
Sandra Kurt, Summit County Clerk of Courts
CV-2022-09-3217 BREAUX, ALISON 02/02/2023 10:17:47 AM ORD-CASE Page 2 of 3
TRIAL DATE: September 27, 2023 at 1:00 PM. Voir dire will begin on September
27, 2023 at 1:00 p.m. and parties and counsel are expected to be present in the courtroom by
11:00 a.m. to discuss any outstanding matters. Thereafter, trial will begin at 9:00 a.m. and
parties and counsel are expected to be present in the courtroom by 8:30 a.m. Trial will proceed
until 4:00 p.m. each day. Counsel must be prepared to present testimony until 4:00 p.m. each
day of trial unless otherwise notified by the Court. Due to the Court’s criminal call day
schedule, trials will not go forward on Tuesdays and will resume on Wednesdays.
PRIOR TO TRIAL: Motions in Limine shall be filed twenty-eight (28) days prior to
trial.
Proposed Jury Instructions, Interrogatories, Transcripts of Deposition Testimony
to be presented at trial (with objections marked), Stipulations, Trial Briefs, Witness Lists,
and Lists of Evidence/Exhibits shall be filed fourteen (14) days prior to trial.
Courtesy copies shall be provided to the Court at
JudgeBreauxCourt@cpcourt.summitoh.net Any witness not on the witness list shall not be
permitted to testify at trial. However, the parties may call rebuttal witnesses whose testimony
could not have been reasonably anticipated. Failure to list an item of evidence or an exhibit
will bar its use at trial. These lists are separate and apart from any list furnished earlier under
the Rules of Discovery.
EVIDENCE AND/OR EXHIBITS: A separate photocopy of reproducible exhibits,
marked for identification purposes, shall be given to the Court at the commencement of trial.
COURTROOM TECHNOLOGY: It is the duty of trial counsel to become familiar
with the courtroom technology prior to the trial date. The Court will not delay trial proceedings
to provide instruction to counsel on its use.
BANKRUPTCY: Upon any party’s filing of a bankruptcy petition, counsel (or the
party if the party is appearing without counsel) is to file with the Summit County Clerk of
Courts a notice of such filing indicating the name of the party, the bankruptcy case number, and
the date of the filing. Upon discharge of the debtor, counsel for that party, or the party if
unrepresented, will notify the court.
SETTLEMENT: Counsel and/or the parties will fully comply with this order
irrespective of the status of any settlement negotiations or any other considerations. It is the
plaintiff’s responsibility to notify the Court when settlement is reached on cases assigned for
trial.
2
Sandra Kurt, Summit County Clerk of Courts
CV-2022-09-3217 BREAUX, ALISON 02/02/2023 10:17:47 AM ORD-CASE Page 3 of 3
FAILURE TO ATTEND A COURT APPEARANCE OR FAILURE TO
COMPLY WITH THIS COURT ORDER OR ANY OTHER COURT ORDER SHALL
RESULT IN SANCTIONS, INCLUDING BUT NOT LIMITED TO, DISMISSAL OR
ADVERSE JUDGMENT. SEE LOC.R. 8.01(F), CIV.R. 37, AND CIV.R. 41(B)(1).
It is so ORDERED.
JUDGE ALISON BREAUX
The Clerk of Courts shall serve a copy of this Order upon Pro Se Defendnat Laura
Villwock by Regular U.S. Mail.
CC: ATTORNEY BREE W. OGLE
CNT
3
Sandra Kurt, Summit County Clerk of Courts
Preview
CV-2022-09-3217 BREAUX, ALISON 02/02/2023 10:17:47 AM ORD-CASE Page 1 of 3 IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT UHG I LLC, ASSIGNEE OF ) CASE NO.: CV-2022-09-3217 LENDINGCLUB CORP ) ) JUDGE ALISON BREAUX Plaintiff ) -vs- ) ) ORDER LAURA VILLWOCK ) ) Defendant - - - A telephone status conference was held in this matter on January 30, 2023. By agreement of the parties at that conference, the Court sets the following case management schedule: Defendant’s counterclaim is deemed filed as of the date of this Order. Plaintiff is granted leave to file an Answer and/or responsive pleading by February 21, 2023. By agreement of the parties, no further discovery is required. In the event the parties voluntarily conduct further discovery, the parties are expected to cooperate and communicate in the requests and production of discovery. SHOULD THERE BE DISCOVERY DISPUTES, THE PARTIES SHALL CONTACT THE COURT PRIOR TO FILING ANY MOTIONS TO COMPEL. In the event that any party files a motion to compel discovery without first contacting the Court, the motion will be stricken, sua sponte. By agreement of the parties, there will be no expert testimony or reports. DISPOSITIVE MOTIONS: Parties shall file any supplements to their dispositive motions by February 21, 2023. Any replies to supplements shall be filed by February 27, 2023. REQUESTS FOR LEAVE: When requesting leave to plead, parties are not permitted to also file the pleading instanter. In the event that any party files a pleading without first obtaining leave from the Court, the pleading shall be stricken from the record, sua sponte. MEDIATION: This case is referred to mediation by separate order. FINAL PRETRIAL: August 31, 2023 at 9:00 AM. All clients must be present with trial counsel of record. If an insurance company is involved, a representative with complete settlement authority must attend. 1 Sandra Kurt, Summit County Clerk of Courts CV-2022-09-3217 BREAUX, ALISON 02/02/2023 10:17:47 AM ORD-CASE Page 2 of 3 TRIAL DATE: September 27, 2023 at 1:00 PM. Voir dire will begin on September 27, 2023 at 1:00 p.m. and parties and counsel are expected to be present in the courtroom by 11:00 a.m. to discuss any outstanding matters. Thereafter, trial will begin at 9:00 a.m. and parties and counsel are expected to be present in the courtroom by 8:30 a.m. Trial will proceed until 4:00 p.m. each day. Counsel must be prepared to present testimony until 4:00 p.m. each day of trial unless otherwise notified by the Court. Due to the Court’s criminal call day schedule, trials will not go forward on Tuesdays and will resume on Wednesdays. PRIOR TO TRIAL: Motions in Limine shall be filed twenty-eight (28) days prior to trial. Proposed Jury Instructions, Interrogatories, Transcripts of Deposition Testimony to be presented at trial (with objections marked), Stipulations, Trial Briefs, Witness Lists, and Lists of Evidence/Exhibits shall be filed fourteen (14) days prior to trial. Courtesy copies shall be provided to the Court at JudgeBreauxCourt@cpcourt.summitoh.net Any witness not on the witness list shall not be permitted to testify at trial. However, the parties may call rebuttal witnesses whose testimony could not have been reasonably anticipated. Failure to list an item of evidence or an exhibit will bar its use at trial. These lists are separate and apart from any list furnished earlier under the Rules of Discovery. EVIDENCE AND/OR EXHIBITS: A separate photocopy of reproducible exhibits, marked for identification purposes, shall be given to the Court at the commencement of trial. COURTROOM TECHNOLOGY: It is the duty of trial counsel to become familiar with the courtroom technology prior to the trial date. The Court will not delay trial proceedings to provide instruction to counsel on its use. BANKRUPTCY: Upon any party’s filing of a bankruptcy petition, counsel (or the party if the party is appearing without counsel) is to file with the Summit County Clerk of Courts a notice of such filing indicating the name of the party, the bankruptcy case number, and the date of the filing. Upon discharge of the debtor, counsel for that party, or the party if unrepresented, will notify the court. SETTLEMENT: Counsel and/or the parties will fully comply with this order irrespective of the status of any settlement negotiations or any other considerations. It is the plaintiff’s responsibility to notify the Court when settlement is reached on cases assigned for trial. 2 Sandra Kurt, Summit County Clerk of Courts CV-2022-09-3217 BREAUX, ALISON 02/02/2023 10:17:47 AM ORD-CASE Page 3 of 3 FAILURE TO ATTEND A COURT APPEARANCE OR FAILURE TO COMPLY WITH THIS COURT ORDER OR ANY OTHER COURT ORDER SHALL RESULT IN SANCTIONS, INCLUDING BUT NOT LIMITED TO, DISMISSAL OR ADVERSE JUDGMENT. SEE LOC.R. 8.01(F), CIV.R. 37, AND CIV.R. 41(B)(1). It is so ORDERED. JUDGE ALISON BREAUX The Clerk of Courts shall serve a copy of this Order upon Pro Se Defendnat Laura Villwock by Regular U.S. Mail. CC: ATTORNEY BREE W. OGLE CNT 3 Sandra Kurt, Summit County Clerk of Courts