Preview
Motion No. 5129682
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
November 7,2023 15:54
By: CARA WRIGHT 0084583
Confirmation Nbr. 3011783
RONALD URBANSKY, ET AL CV 23 977823
vs.
Judge: KEVIN L KELLEY
THE ISLANDER BAR & GRILLE, ET AL
Pages Filed: 38
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
RONALD URBANSKY, et al., ) CASE NO.: CV-23-977823
)
Plaintiffs, ) JUDGE: KEVIN J. KELLEY
)
vs. ) (RE-FILED ACTION: ORIGINAL CASE
) NO.: CV-19-921557, JUDGE: JOSEPH D
THE ISLANDER BAR & GRILLE, et ) RUSSO)
al., )
)
Defendants. )
DEFENDANTS THE ISLANDER BAR & GRILL, OVER THE COALS, INC., ISLANDER
BAR & GRILL AND CHAD TRUSH'S MOTION TO COMPEL DISCOVERY RESPONSES
Pursuant to Rule 37 of the Ohio Rules of Civil Procedure, Defendants The Islander Bar &
Grill, Over the Coals, Inc., Islander Bar & Grille and Chad Trush (the “Islander Defendants”)
respectfully request that this Honorable Court issue an order compelling Plaintiffs to respond to
the discovery requests that were served on June 12, 2023. The Islander Defendants further request
that this Honorable Court issue an order requiring Plaintiff to pay their reasonable expenses,
including attorney’s fees, pursuant to Rule 37(A)(5). A memorandum in support of this motion
follows.
Respectfully submitted,
FREEMAN, MATHIS & GARY, LLP
/s/ Cara M. Wright____________________
DOUG HOLTHUS (0037046)
CARA M. WRIGHT (0084583)
65 East State Street, Suite 2550
Columbus, Ohio 43215
T: 614-699-2425 | F: 888-356-3590
doug.holthus@fmglaw.com
cara.wright@fmglaw.com
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Counselfor Defendants Over the Coals, Inc., Chad
Trush, The Islander Bar & Grille, and Islander Bar
and Grille
MEMORANDUM IN SUPPORT
I. STATEMENT OF THE FACTS
Plaintiffs filed this (re-filed) action on April 10, 2023. The Islander Defendants timely filed
their Answer. Thereafter, on June 12, 2023, the Islander Defendants served Interrogatories and
Requests for Production of Documents upon Plaintiff Ronald Urbansky pursuant to Rules 33 and
34 of the Ohio Rules of Civil Procedure. See Ex. A, June 12, 2023, Service Email. Accordingly,
Plaintiffs’ responses to these requests were due on or before July 10, 2023.
Plaintiffs did not timely submit their discovery responses.
On August 14, 2023, more than thirty (30) days following the expiration of the deadline for
Plaintiffs to timely respond, counsel for The Islander Defendants corresponded with Plaintiffs’
counsel hoping to resolve the discovery dispute. See Ex. B, August 14, 2023, Correspondence. In
the August 14, 2023, correspondence, counsel requested that Plaintiffs’ responses be provided on
or before September 1, 2023. Id.
Plaintiffs’ counsel responded on August 29, 2023, indicating he would be working with
Plaintiffs on responses and requested an extension of time until September 29, 2023, to respond.
See Ex. C, August 29, 2023, Email. Counsel for the Islander Defendants agreed to the requested
extension. See Ex. D, August 30, 2023, Email.
Plaintiffs did not produce their responses on September 29, 2023. On October 4, 2023
counsel for the Islander Defendants contacted Plaintiffs’ counsel via email to, once again, inquire
as to the status of the outstanding discovery responses. See Ex. E, October 4, 2023, Email.
Plaintiffs’ counsel did not respond to this email.
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Page 2 of 5
Counsel for the Islander Defendants again contacted Plaintiffs’ counsel via email on October
26, 2023, concerning the status of the discovery responses and indicating that the Islander
Defendants would seek judicial intervention and an order compelling responses if the responses
were not received on or before November 3, 2023. See Ex. F, October 26, 2023, Email. Once
again, Plaintiffs’ counsel did not respond.
As of the date of this filing, the Islander Defendants have not received any responses to the
discovery requests that were served nearly five (5) months ago.
II. LAW AND ARGUMENT
Pursuant to Rule 37(A)(3)(a) of the Ohio Rules of Civil Procedure "A party seeking discovery
may move for an order compelling an answer, designation, production or inspection. This motion
may be made if... (iii) A party fails to answer an interrogatory submitted under Civ. R. 33; (iv) A
party fails to respond that inspection will be permitted- or fails to permit inspection- as requested
under Civ. R. 34." Similarly, Rule 37(d) provides that "the court may, on motion, order sanctions
if: . (ii) a party, after being properly served with interrogatories under Civ. R. 33 or a request for
inspection under Civ. R. 34, fails to serve its answer, objections or written response." The rule
provides that “For this purposes of division (A) of this rule, an evasive or incomplete answer or
response shall be treated as a failure to answer or respond.”
Rule 37(A)(5) provides that if this motion is granted the court shall “require the party. whose
conduct necessitated the motion, the party, or attorney advising that conduct, or both to pay
movant’s reasonable expenses incurred in making the motion, including attorney’s fees.
As described above, Plaintiffs have not responded to the discovery requests that were served
on June 12, 2023. These responses are long overdue. As a result, this Honorable Court should
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Page 3 of 5
issue an order pursuant to Rule 37 of the Ohio Rules of Civil Procedure compelling Plaintiffs to
respond to these discovery requests.
III. CONCLUSION
For these reasons, Defendants’ Motion to Compel should be granted and Plaintiffs should be
ordered to respond to the discovery requests. Plaintiffs should further be ordered to pay the
reasonable expenses, including attorney’s fees, incurred by the Islander Defendants in making this
motion.
Respectfully submitted,
FREEMAN, MATHIS & GARY, LLP
/s/ Cara M. Wright____________________
DOUG HOLTHUS (0037046)
CARA M. WRIGHT (0084583)
65 East State Street, Suite 2550
Columbus, Ohio 43215
T: 614-683-8411 | F: 888-356-3590
doug.holthus@fmglaw.com
cara.wright@fmglaw.com
Counselfor Defendants Over the Coals, Inc., Chad
Trush, The Islander Bar & Grille, and Islander Bar
and Grille
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Page 4 of 5
CERTIFICATE OF SERVICE
A copy of the foregoing Defendants The Islander Bar & Grill, Over The Coals, Inc.,
Islander Bar & Grill and Chad Trush’s Motion to Compel Discovery Responses was filed
electronically and served November 7, 2023, to the following by email:
W. Craig Bashein, Esq. Louis R. Moliterno, Esq.
Stephan C. Kremer, Esq. WILLIAMS, SENNETT &
Thomas J. Sheehan, Esq. SCULLY, CO, LPA
BASHEIN & BASHEIN CO., LPA 2 Summit Park Drive, Suite 235
Terminal Tower, 35th Floor Cleveland, Ohio 44131
50 Public Square lmoliterno@wmslawohio.com
Cleveland, Ohio 44113 Counselfor Defendant Roy Hollingsworth
cbashein@basheinlaw.com
Mary Beth Klemencic, Esq.
AND MAZANEC, RASKIN & RYDER, CO.
100 Franklin’s Row, 34305 Solon Road
Kevin M. Spellacy, Esq. Solon, Ohio 44139
MCGINTY, HILOW & SPELLACY, CO. mklemencic@mrrlaw.com
614 W. Superior Avenue, Suite 1300 Counselfor Defendant EMC Insurance
Cleveland, Ohio 44113 Company
kspell@mghslaw.com
AND
John J. Spellacy, Esq.
JOHN J. SPELLACY & ASSOCIATES
323 W. Lakeside Avenue, Suite 300
Cleveland, Ohio 44113
jspellacy@spellacylaw.com
Counselfor Plaintiffs
/s/ Cara M. Wright____________________
Cara M. Wright (0084583)
Counselfor Defendants Over the Coals, Inc., Chad
Trush, The Islander Bar & Grille, and Islander Bar
and Grille
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Page 5 of 5
EXHIBIT
A
Jazmine Barnes
From: Taylor Booth
Sent: Monday, June 12, 2023 1:46 PM
To: cbashein@basheinlaw.com; kspell@mghslaw.com; jspellacy@spellacylaw.com;
lmoliterno@wmslawohio.com; mklemencic@mrrlaw.com
Cc: Doug P. Holthus; Cara Wright; Patrice Givens
Subject: Ronald Urbansky, et al. v. The Islander Bar & Grille, et al. Case No. CV-23-977823
Attachments: Over the Coals Discovery to Plaintiff- Re-filed Case.pdf; Over the Coals Discovery to
Plaintiff- Re-filed Case.docx
Counsel,
Attached, please find the following:
• Defendants The Islander Bar & Grille, Ober the Coals, Inc., Islander Bar & Grille and Chad Trush's First Set of
Interrogatories and Requests for Production of Documents Propounded to Plaintiff Ronald Urbansky
If you have any questions or concerns, please do not hesitate to contact our office.
Thank you!
Taylor Booth
Legal Assistant
Freeman Mathis & Gary, LLP
65 East State Street | Suite 2550 | Columbus, OH 43215
D: 614-683-9127
Taylor.Booth@fmglaw.com
www.fmglaw.com | Instagram | Twitter | Facebook
FMG Freeman
LAW Mathis Gary LLP
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Please read this important notice and confidentiality statement
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1
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
RONALD URBANSKY, et al., ) CASE NO.: CV-23-977823
)
Plaintiffs, ) JUDGE: KEVIN J. KELLEY
)
vs. ) (RE-FILED ACTION: ORIGINAL CASE
) NO.: CV-19-921557, JUDGE: JOSEPH D
THE ISLANDER BAR & GRILLE, et ) RUSSO)
al., )
)
Defendants )
DEFENDANTS THE ISLANDER BAR & GRILL, OVER THE COALS, INC., ISLANDER
BAR & GRILL AND CHAD CRUSH'S
FIRST SET OF INTERROGA TORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS PROPOUNDED TO PLAINTIFF RONALD URBANSKY
Now come Defendants The Islander Bar & Grill, Over the Coals, Inc., Islander Bar & Grill
and Chad Trush (collectively, “Defendants”), by and through counsel, Freeman Mathis & Gary,
LLP, and hereby propounds the following Interrogatories and Requests for Production of
Documents to Plaintiff Ronald Urbansky, in his individual capacity (herein after “Plaintiff”), to be
answered completely and fully, in writing, under oath, within twenty-eight (28) days as provided
under the authority of Rules 33 and 34 of the Ohio Rules of Civil Procedure. The term
“documents” (and the singular of that term) has the meaning stated in Civil Rule 34(A).
Documents requested are to be produced at the offices of Freeman Mathis & Gary, LLP,
65 East State Street, Suite 2550, Columbus, Ohio 43215, or at such other time and place as the
parties shall stipulate. Copies of the documents requested may be submitted in lieu of appearance.
All documents produced are to be grouped and labeled according to each specific request for
production.
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If a claim of privilege is made with respect to any meeting, communication, act or
document, state the basis for the privilege claimed and identify the document, and/or other matter
that is claimed to be privileged.
It is expressly contemplated that these Interrogatories and Requests for Production of
Documents are of a continuing nature and that Plaintiff or Plaintiff's attorney is required to
supplement the answers hereto as changes or additional information is obtained.
DEFINITIONS
1. As used herein, “Defendants” shall mean “The Islander Bar & Grill, Over the Coals,
Inc., Islander Bar & Grill and Chad Trush” and “Plaintiffs” shall mean Ronald Urbansky and
Bradley Urbansky.
2. As used herein, “You”, “Your”, and “Yours” shall refer to Plaintiffs, collectively.
3. As used herein, “or” and “and” shall mean and/or.
4. As used herein, “Your Attorneys” shall mean the attorneys hired to represent You
in or consult with You about The Lawsuit or the facts giving rise to The Lawsuit.
5. As used herein, “The Lawsuit” shall mean the (re-filed) lawsuit styled Ronald
Urbansky v. The Islander Bar and Grille, Case No. CV-23-977823, pending in the Cuyahoga
County Court of Common Pleas.
6. As used herein, “Address” means the street address, including the city, state and
zip code.
7. As used herein, the term “Documents” is used in the broadest sense of that term
and includes, in addition to the material specifically designed hereafter, the original and all non
identical copies, whether different from the original by reason of notations made on such copies
or otherwise, and all drafts of all the following: computer data, letters, telegrams, memoranda,
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reports of telephone conversations, ledgers, journals, invoices, bills, sales, orders, call reports,
financial and business records, receipts, contracts, reports, studies, calendar entries, diary entries,
maps, pamphlets, notes, charts, forms, tabulations, analyses, statistical or informational
accumulations, summaries or abstracts, any kind of records of meetings or conversations, firm
impressions, sound or mechanical reproductions, rules, regulations, opinions, orders,
interpretations, exceptions, position papers, guidelines, publications, instructions, transparencies,
handbooks, manuals, operating procedures, appointment calendars, call slips, file jackets, course
materials, training materials, minutes, testimony, press releases, speeches, surveys, graphs,
statistics, tables, printed or typewritten forms (whether of visits, telephone calls, or otherwise),
indices, agreements, graphic representations, cancelled checks, correspondence, memos, telephone
message slips, sketches, notes of conversations, and all other written, printed, typed or other
reported matter (including electronic or magnetic recordings), photographs, e-mails or other data
compilations in which information can be obtained, which are in Your possession, custody or
control or in the possession, custody, or control of Your Attorneys, agents, members, directors,
officers, partners, affiliates, subsidiaries, servants, or employees. Documents includes, also,
Communication and Electronic Documents.
8. As used herein, the term “Communication” means any oral or written utterance,
notation, or statement of any nature whatsoever, by and to whomsoever made, including, but not
limited to, correspondence, conversations dialogues, Electronic Documents, discussions,
interviews, consultations, agreements, memoranda, notes, and other understandings between or
among two or more Persons.
9. As used herein, “Person” or “Persons” means not only natural persons, but also
corporations, partnerships, organizations, associations, industry groups, entities, joint ventures, or
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any government or governmental entity, commission or agency and any divisions or departments
or other units of any of the entities defined herein.
10. As used herein, “Electronic Documents” shall mean any documents, information or
data ever placed into or stored on any of Your computers, portable or other electronic media
devices or storage devices, including but not limited to the hard-drive(s), lap-top(s), disks, storage
systems, retrieval and similar systems, e-mails, internet transmissions, thumb drives, external hard
drives, and software program(s), any electronic bulletin boards, diary systems, calendar systems,
tickler systems, and any other programs.
11. As used herein, “Contact” means any personal or written communication or
Document, whether verbal, written, telephonic, via computer, via the internet or through the use
of any other communications medium.
12. As used herein, “Employment” means a relationship in which an employee
provides services requested by or on behalf of an employer, other than an independent contractor
relationship.
13. As used herein, “Employee” means a person who provides services in an
employment relationship and who is a party to The Lawsuit.
14. As used herein, “Employer” means a Person who employs an Employee to provide
services in an Employment relationship and who is a party to The Lawsuit.
15. As used herein, the singular shall include plural, and the plural the singular,
whenever the effect of doing so is to increase the information responsive to the request for
information.
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16. If any or all Documents identified or requested herein are no longer in existence or
no longer in Your possession, custody, or control because of destruction, loss, or any other reason,
then identify the document.
17. The definitions listed above are to be construed as broadly as possible to include
the most information or Documents responsive to the discovery requests propounded herein.
18. To avoid ambiguity, significant effort has been spent to define a number of terms
used in the following discovery requests. If You or Your Attorney(s) claim(s) You do not
understand the meaning of a term, please refer to the list of definitions or contact the opposing
attorney for clarification.
INSTRUCTIONS
1. Unless otherwise specified, if Y our response regarding a portion of the time period
addressed in any Interrogatory differs from Your response in regard to another portion of such
period, provide a response for each such portion and indicate the period of time to which each
response relates.
2. When an Interrogatory asks You to “describe” or “identify” a Document, provide
the following information with respect to each such Document:
a. The date appearing on such Document; or if it has no date, so state and give
the date or approximate date such Document was prepared, produced, created, or came into
being;
b. Any identifying or descriptive code number, file number, title or label of
such Document;
c. The general nature or description of such Document;
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d. The name of the Person(s) who signed, authored, produced or created such
Document;
e. The name of the Person(s) who prepared such Document if different from
the name provided pursuant to subpart (d) of this instruction;
f. The name of the Person(s) to whom such Document was addressed and the
name of each such Person other than the addressee to whom such Document, or copy or
reproduction thereof, was given or sent;
g. The name of the Person or entity having present possession, custody and/or
control of such Document;
h. The present location of such Document;
i. If such Document was, but is no longer in Your possession or control, state
what disposition was made of such Document, the reason for such disposition, and the date
thereof; and
j. Whether or not any draft, copy, or reproduction of such Document contains
any script, notation, change, addendum, or the like, not appearing on such Document itself,
and if so, the answer shall give the description and identification of each such draft, copy
or reproduction in accordance with the above subparts (a) through (i).
3. The above information shall be given in sufficient detail to enable any Person or
party to whom a subpoena or Request for Production is directed to identify the Documents sought
to be produced and to enable counsel to determine whether such Document, when produced, is in
fact the Document so described and identified.
4. Notwithstanding any other instruction in this First Set of Interrogatories and
Requests for Production that is or may be to the contrary, if a Document has already been produced
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by You to any of the current or previous Defendants in The Lawsuit, such Document may be
identified by specifying the Bates numbers for all pages of such Document.
5. A request that You identify a Document is not limited to Documents within Your
possession, and such requests shall extend to Documents under Your control.
6. When an Interrogatory asks You to “identify” a Person, the answer shall contain
the following information with respect to each such Person:
a. The full name, current or last known business and residential Addresses,
and business and residential phone numbers of such Person;
b. The name and address of the agency, Employer or entity at which such
Person worked and/or to which such person reported; and
c. The title(s) and related periods of service for such Person with each such
agency, Employer or entity.
7. When an Interrogatory calls for the “description” or “identity” of any “Document”
You contend to be subject to a privilege against disclosure in response to these First Interrogatories,
and Requests for Production, provide with respect to each such document or communication the
following:
a. The nature of the Document You contend is privileged (e.g., letter,
memorandum, chart, picture, report, etc.);
b. The number of pages comprising the Document and a description of any
identifying marks or designations (e.g. Bates numbers) if any, on the Document;
c. The date of the Document which You contend is privileged;
d. The name(s) of the author(s) and of any recipient(s) of the Document;
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e. The name and Address of any Person who is not included in Your response
to subpart (d) with respect to such Document and who has access to or has seen, read, or
heard any portion of the material in the Document that You contend to be privileged; and
f. The nature of the privilege asserted.
8. In answering each of these Interrogatories and Requests for Production, furnish all
information available to You that is relevant or that might lead to the discovery of relevant
evidence, including information in the possession of Your Attorneys, or their investigators, and all
Persons acting on Your behalf, including but not limited to Your Employees, Employers, agents,
officers, or representatives. If You are unable to answer these Interrogatories and Requests for
Production in full after exercising due diligence to supply a complete answer, so state and answer
to the extent possible. Specify the reasons for your inability to answer and state whatever
information or knowledge You have concerning the unanswered portions.
9. For each Interrogatory or part of an Interrogatory or any Request for Production
that You refuse to answer on grounds of an objection, explain in as much detail as possible the
basis for Your objection.
10. These Interrogatories and Requests for Production are deemed to be continuing; as
such, You are requested to file and serve by way of supplemental answers thereto such additional
information as may be required to complete Your answers to these Interrogatories and Requests
for Production.
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INTERROGATORIES
INTERROGATORY NO. 1:
State both Plaintiff's full names, current residence addresses, social security numbers, dates of birth
and telephone numbers.
Answer:
(a) Ronald Urbansky
(b) Bradley Urbansky
INTERROGATORY NO. 2:
Provide a list of all educational institutions attended by Plaintiff Ronald Urbansky, including but
not limited to high school, colleges, universities, and vocational schools. Include any degrees,
certifications or other certificates of completion received from each institution.
Answer:
INTERROGATORY NO. 3:
If Plaintiff Ronald Urbansky is currently married, provide the full legal name and date of birth of
Plaintiff's current spouse as well as the date and location of that marriage.
Answer:
INTERROGATORY NO. 4:
Identify all other persons currently living in Plaintiff Ronald Urbansky’s home/household. For
each person identified include their full legal name and age.
Answer:
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INTERROGATORY NO. 5:
Has Plaintiff Ronald Urbansky ever been involved in any traffic crashes other than the one at issue in
this case? If so, please state the date and location of each accident, the names, addresses and telephone
numbers of any other persons involved and the name, address and telephone number of any person or
agency which investigated the traffic crash.
Answer:
INTERROGATORY NO. 6:
Has Plaintiff Ronald Urbansky ever, either prior or subsequent to the incident made the subject of
The Lawsuit, made a claim, received a settlement, or filed a lawsuit as a result of any bodily or
psychological injury(s) to Yourself or any other person? If so, please state the name and relationship
to you of the person(s) injured, the nature of the injury(s), the court and case number of any lawsuits
and the full name, address, and telephone number of any person(s) or entity(s) to whom each Plaintiff
submitted a claim or from whom each Plaintiff received a settlement.
Answer:
INTERROGATORY NO. 7:
Has Plaintiff Ronald Urbansky ever, either prior or subsequent to the incident made the subject of
The Lawsuit, made a claim for Workers' Compensation, Social Security, or other disability benefits
of any nature on behalf of Yourself or any other person? If so, for each claim please state the identity
of the person for whom benefits were claimed, the type of benefits claimed, the injury, illness or
condition for which the claim was made, the claim number, the date the claim was filed and the full
name, address and telephone number of the entity to which the claim was submitted.
Answer:
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INTERROGATORY NO. 8:
Please state the factual basis or bases for Plaintiffs' claim (Para.No.23 of Your Re-Filed Complaint)
that Defendant Ray Hollingsworth was served alcoholic beverages while noticeably intoxicated
by employees / agents of Defendants.
Answer:
INTERROGATORY NO. 9:
Please state the basis or bases for Plaintiffs' claim (Para.No.35 of Your Complaint) that Defendants
had any duty “to warn others, including any authorities, of the severe intoxication of Hollingsworth
that was known to them, as well as the potential danger and hazard he posed on the roadway as a
severely intoxicated operator of a motor vehicle."
Answer:
INTERROGATORY NO. 10:
Please state the basis or bases for Plaintiffs' claim (Para.No.36 ofYour Complaint) that Defendants
"knew that Hollingsworth was intoxicated and that he was likely diving and that they therefore
had a duty to call the police or otherwise prevent him from leaving the premises."
Answer:
INTERROGATORY NO. 11:
Please identify by name, address and telephone number, all persons, not including medical staff,
who were witness to Plaintiff Ronald Urbansky's condition while at the hospital or any medical
care facility where Plaintiff Ronald Urbansky received any care or treatment following the
occurrence made the subject of The Lawsuit.
Answer:
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INTERROGATORY NO. 12:
Please identify all care, companionship and services previously provided by Plaintiff Ronald
Urbansky and that Plaintiffs’ claim to have been deprived of as a result of the occurrence made
the subject of The Lawsuit.
Answer:
INTERROGATORY NO. 13:
List all Plaintiff Ronald Urbansky’s claimed injuries, emotional/psychological conditions and
physical conditions believed to be related to The Lawsuit or which are believed to have been
directly and proximately caused or contributed to the events made the subject of The Lawsuit.
Answer:
INTERROGATORY NO. 14:
List all healthcare providers with which Plaintiff Ronald Urbansky has treated for injuries which
Plaintiffs relate to the occurrence made the subject of The Lawsuit.
Answer:
INTERROGATORY NO. 15:
List all healthcare facilities at which Plaintiff Ronald Urbansky has sought treatment during the
five (5) years preceding the incident and occurrence made the subject of The Lawsuit.
Answer:
INTERROGATORY NO. 16:
For each healthcare provider identified within Y our answer to Interrogatory No.18, above, provide
the dates seen and condition(s) for which treatment was sought.
Answer:
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INTERROGATORY NO. 17:
List any and all psychologists, psychiatrists or other mental health professionals or counselors seen
by Plaintiff Ronald Urbansky since March 18, 2019.
Answer:
INTERROGATORY NO. 18:
List any and all psychologists, psychiatrists or other mental health care providers or counselors
seen by Plaintiff Ronald Urbansky for the five (5) year period prior to March 18, 2019.
Answer:
INTERROGATORY NO. 19:
For each mental health provider identified within Your responses to Interrogatories Nos. 21, 22,
23, 24, and 25, above, provide the dates seen and condition(s) for which treatment was sought.
Answer:
INTERROGATORY NO. 20:
List all health facilities at which Plaintiff Ronald Urbansky sought care for injuries and conditions
which You allege to be related to the occurrence made the subject of The Lawsuit.
Answer:
INTERROGATORY NO. 21:
List all medical expenses incurred by Plaintiff Ronald Urbansky and which Y ou allege to be related
to the injuries incurred as a result of the occurrence made the subject of The Lawsuit.
Answer:
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INTERROGATORY NO. 22:
List all anticipated future medical expenses which Plaintiff Ronald Urbansky believes he will incur
as a result of the March 18, 2019, incident made the subject of The Lawsuit.
Answer:
INTERROGATORY NO. 23:
Identify each Plaintiff Ronald Urbansky’s place of employment on March 18, 2019 and include
within your response the following information: (a) position/title; (b) salary/rate of pay; (c) start
date; (d) end date; and (e) reason for leaving, if applicable.
Answer:
INTERROGATORY NO. 24:
Is any Plaintiff making a claim for lost wages? If so, provide: (a) the number of days You missed
from work (b) the place of Your employment; (c) the rate of Your pay; and (d) the reason(s) for
the missed day(s).
Answer:
(a) Ronald Urbansky
(b) Bradley Urbansky
INTERROGATORY NO. 25:
Please list by item all other damage(s) which each Plaintiff claims to have sustained as a result of the
occurrence made the subject of The Lawsuit, including the amount claimed for each item listed.
Answer:
(a) Ronald Urbansky
(b) Bradley Urbansky
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB
INTERROGATORY NO. 26:
Has any Plaintiff engaged any experts concerning this action? If so, please state the full name, address
and telephone number of each expert, his/her field of expertise, whether You expect to call the expert
as a witness at trial, the date of any report submitted by the expert and the full name, address and
telephone number of the person having custody of any such report.
Answer:
(a) Ronald Urbansky
(b) Bradley Urbansky
INTERROGATORY NO. 27:
Identify the factual basis for your allegation (Para.No.37 of Your Re-Filed Complaint) that
“Defendants were aware of likely litigation involving the Plaintiffs as a result of Ronald
Urbansky’s injuries, and failed to take reasonable measures to preserve the video evidence.”
Answer
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO. 1:
Produce true and accurate copies of all Documents, medical records for all physicians or other
medical professionals with whom either Plaintiff has treated for any injuries which You alleged
were caused or contributed to by the incident on March 18, 2019, and made the subject of The
Lawsuit. For any health care professional for which You do not have copies of records responsive
to the above requests, sign and return the enclosed medical authorization forms.
Response:
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB
REQUEST FOR PRODUCTION NO. 2:
Produce true and accurate copies of all Documents, medical records for all health care facilities,
including but not limited to primary care offices, hospitals, urgent care centers and clinics, at which
either Plaintiff has treated for any injuries or conditions which You allege were caused by the
incident on March 18, 2019, and made the subject of The Lawsuit. For any facility for which You
do not have copies of records responsive to the above requests, sign and return the enclosed
medical authorization forms.
Response:
REQUEST FOR PRODUCTION NO. 3:
Produce true and accurate copies of all medical bills and invoices each Plaintiff believes to be
related on to the incident on March 18, 2019, and made the subject of The Lawsuit or in the
alternative, execute the attached Medical Authorization form.
Response:
REQUEST FOR PRODUCTION NO. 4:
If either Plaintiff is making a claim for loss of wages, produce true and accurate copies of Your
federal and state income tax returns for the past five (5) years.
Response:
REQUEST FOR PRODUCTION NO. 5:
If either Plaintiff claims to have sustained a loss of income as a result of the occurrence made the
subject of The Lawsuit, produce a copy of Your paystub for the twenty-five (25) pay periods
immediately preceding the occurrence made the subject of The Lawsuit.
Response:
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB
REQUEST FOR PRODUCTION NO. 6:
Produce any and all Documents, bills, estimates or other documents or tangible things of any nature
referring or relating to any property damage or other loss allegedly sustained by either Plaintiff as a
result of the occurrence made the subject of The Lawsuit.
Response:
REQUEST FOR PRODUCTION NO. 7:
Produce a clear true and accurate copy of Ronald Urbansky's current driver's license.
Response:
REQUEST FOR PRODUCTION NO. 8:
Produce a clear true and accurate copy of Plaintiff Ronald Urbansky’s current Medicaid or
Medicare cards, if any.
Response:
REQUEST FOR PRODUCTION NO. 9:
For any person or entity which might possibly have a subrogated interest, produce true and accurate
copies of any and all Documents, correspondence, communications, statements, invoices or
explanations of benefits which relate to that person or entity subrogated interest.
Response:
REQUEST FOR PRODUCTION NO. 10:
Produce true and accurate copies of any and all receipts, bills and invoices demonstrating all costs,
financial obligations and expenses which each Plaintiff claims are related to the incident on March
18, 2019 and made the subject of The Lawsuit.
Response:
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 9778237 Confirmation Nbr. 3011783 / CLMHB
REQUEST FOR PRODUCTION NO. 11:
Produce any and all photographs, diagrams, and sketches which depict the location of the occurrence
made the subject of The Lawsuit.
Response:
REQUEST FOR PRODUCTION NO. 12:
Produce any and all photographs of injuries, damages, and/or treatment allegedly sustained by each
Plaintiff as a result of the occurrence made the subject of The Lawsuit.
Response:
REQUEST FOR PRODUCTION NO. 13:
Produce any and all oral or written statement(s) made by any agent, representative, or Employee of
Defendant(s) or any other party to The Lawsuit and which in any way relates to The Lawsuit.
Response:
REQUEST FOR PRODUCTION NO. 14:
Produce any and all oral or written statement(s) made by any witness to the occurrence. made the
subject of The Lawsuit.
Response:
REQUEST FOR PRODUCTION NO. 15:
Produce complete copies of any and all Documents and reports rendered by any experts retained by
You or on Your behalf and relative or in any way related to Your claims and the events made the
subject of The Lawsuit.
Response:
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB
REQUEST FOR PRODUCTION NO. 16:
Produce any and all Documents reviewed or examined by Your expert witness(es) in the course of
preparing their testimony for the trial of The Lawsuit.
Response:
REQUEST FOR PRODUCTION NO. 17:
Produce any and all Documents upon which the testimony of Your expert(s) relies or is based and
from which any and all such testimony is derived.
Response:
REQUEST FOR PRODUCTION NO. 18:
Produce any and all Documents or other tangible things which You or Your Attorney(s) intend to
submit as evidence or expose to the finder of fact at trial.
Response:
REQUEST FOR PRODUCTION NO. 19:
Produce any and all Documents or other tangible things of any nature relied upon by You or any
person acting for You in answering this First Set of Interrogatories and First Requests for Production
of Documents submitted to You in this action.
Response:
REQUEST FOR PRODUCTION NO. 21:
Produce copies of any and all Documents, correspondence, letters, etc. that were sent by You or
sent on Your behalf that would have placed Defendants on notice that litigation was likely.
Response:
Respectfully submitted,
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823? Confirmation Nbr. 3011783 / CLMHB
FREEMAN, MATHIS & GARY, LLP
/s/ Cara M. Wright____________________
Doug Holthus (0037046)
Cara M. Wright (0084583)
65 East State Street, Suite 2550
Columbus, Ohio 43215
T: 614-683-8411 | F: 833-330-3669
doug.holthus@fmglaw.com
cara.wright@fmglaw.com
Counselfor Defendants Over the Coals, Inc., Chad
Thrush, The Islander Bar & Grille, and Islander
Bar and Grille
Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 9778230 Confirmation Nbr. 3011783 / CLMHB
CERTIFICATE OF SERVICE
A copy of the foregoing Defendants the Islander Bar & Grill, Over The Coals, Inc.,
Islander Bar & Grill And Chad Trush's First Set OfInterrogatories And Requests For Production
OfDocuments Propounded To PlaintiffRonald Urbansky was filed electronically and served June
12, 2023, to the following by email:
W. Craig Bashein, Esq. Louis R. Moliterno, Esq.
Stephan C. Kremer, Esq. WILLIAMS, SENNETT &
Thomas J. Sheehan, Esq. SCULLY, CO, LPA
BASHEIN & BASHEIN CO., LPA 2 Summit Park Drive, Suite 235
Terminal Tower, 35 th Floor Cleveland, Ohio 44131
50 Public Square lmoliterno@wmslawohio.com
Cleveland, Ohio 44113 Counsel for Defendant Roy Hollingsworth in
cbashein@basheinlaw.com the original action
AND Mary Beth Klemencic, Esq.
MAZANEC, RASKIN & RYDER, CO.
Kevin M. Spellacy, Esq. 100 Franklin’s Row, 34305 Solon Road
MCGINTY, HILOW & SPELLACY, CO. Solon, Ohio 44139
614 W. Superior Avenue, Suite 1300 mklemencic@mrrlaw.com
Cleveland, Ohio 44113 Counselfor Defendant EMC Insurance
kspell@mghslaw.com Company in original action
AND
John J. Spellacy, Esq.
JOHN J. SPELLACY & ASSOCIATES
323 W. Lakeside Avenue, Suite 300
Cleveland, Ohio 44113
jspellacy@spellacylaw.com
Counselfor Plaintiffs
/s/ Cara M. Wright____________________
Preview
Motion No. 5129682 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... November 7,2023 15:54 By: CARA WRIGHT 0084583 Confirmation Nbr. 3011783 RONALD URBANSKY, ET AL CV 23 977823 vs. Judge: KEVIN L KELLEY THE ISLANDER BAR & GRILLE, ET AL Pages Filed: 38 Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RONALD URBANSKY, et al., ) CASE NO.: CV-23-977823 ) Plaintiffs, ) JUDGE: KEVIN J. KELLEY ) vs. ) (RE-FILED ACTION: ORIGINAL CASE ) NO.: CV-19-921557, JUDGE: JOSEPH D THE ISLANDER BAR & GRILLE, et ) RUSSO) al., ) ) Defendants. ) DEFENDANTS THE ISLANDER BAR & GRILL, OVER THE COALS, INC., ISLANDER BAR & GRILL AND CHAD TRUSH'S MOTION TO COMPEL DISCOVERY RESPONSES Pursuant to Rule 37 of the Ohio Rules of Civil Procedure, Defendants The Islander Bar & Grill, Over the Coals, Inc., Islander Bar & Grille and Chad Trush (the “Islander Defendants”) respectfully request that this Honorable Court issue an order compelling Plaintiffs to respond to the discovery requests that were served on June 12, 2023. The Islander Defendants further request that this Honorable Court issue an order requiring Plaintiff to pay their reasonable expenses, including attorney’s fees, pursuant to Rule 37(A)(5). A memorandum in support of this motion follows. Respectfully submitted, FREEMAN, MATHIS & GARY, LLP /s/ Cara M. Wright____________________ DOUG HOLTHUS (0037046) CARA M. WRIGHT (0084583) 65 East State Street, Suite 2550 Columbus, Ohio 43215 T: 614-699-2425 | F: 888-356-3590 doug.holthus@fmglaw.com cara.wright@fmglaw.com Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB Counselfor Defendants Over the Coals, Inc., Chad Trush, The Islander Bar & Grille, and Islander Bar and Grille MEMORANDUM IN SUPPORT I. STATEMENT OF THE FACTS Plaintiffs filed this (re-filed) action on April 10, 2023. The Islander Defendants timely filed their Answer. Thereafter, on June 12, 2023, the Islander Defendants served Interrogatories and Requests for Production of Documents upon Plaintiff Ronald Urbansky pursuant to Rules 33 and 34 of the Ohio Rules of Civil Procedure. See Ex. A, June 12, 2023, Service Email. Accordingly, Plaintiffs’ responses to these requests were due on or before July 10, 2023. Plaintiffs did not timely submit their discovery responses. On August 14, 2023, more than thirty (30) days following the expiration of the deadline for Plaintiffs to timely respond, counsel for The Islander Defendants corresponded with Plaintiffs’ counsel hoping to resolve the discovery dispute. See Ex. B, August 14, 2023, Correspondence. In the August 14, 2023, correspondence, counsel requested that Plaintiffs’ responses be provided on or before September 1, 2023. Id. Plaintiffs’ counsel responded on August 29, 2023, indicating he would be working with Plaintiffs on responses and requested an extension of time until September 29, 2023, to respond. See Ex. C, August 29, 2023, Email. Counsel for the Islander Defendants agreed to the requested extension. See Ex. D, August 30, 2023, Email. Plaintiffs did not produce their responses on September 29, 2023. On October 4, 2023 counsel for the Islander Defendants contacted Plaintiffs’ counsel via email to, once again, inquire as to the status of the outstanding discovery responses. See Ex. E, October 4, 2023, Email. Plaintiffs’ counsel did not respond to this email. Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB Page 2 of 5 Counsel for the Islander Defendants again contacted Plaintiffs’ counsel via email on October 26, 2023, concerning the status of the discovery responses and indicating that the Islander Defendants would seek judicial intervention and an order compelling responses if the responses were not received on or before November 3, 2023. See Ex. F, October 26, 2023, Email. Once again, Plaintiffs’ counsel did not respond. As of the date of this filing, the Islander Defendants have not received any responses to the discovery requests that were served nearly five (5) months ago. II. LAW AND ARGUMENT Pursuant to Rule 37(A)(3)(a) of the Ohio Rules of Civil Procedure "A party seeking discovery may move for an order compelling an answer, designation, production or inspection. This motion may be made if... (iii) A party fails to answer an interrogatory submitted under Civ. R. 33; (iv) A party fails to respond that inspection will be permitted- or fails to permit inspection- as requested under Civ. R. 34." Similarly, Rule 37(d) provides that "the court may, on motion, order sanctions if: . (ii) a party, after being properly served with interrogatories under Civ. R. 33 or a request for inspection under Civ. R. 34, fails to serve its answer, objections or written response." The rule provides that “For this purposes of division (A) of this rule, an evasive or incomplete answer or response shall be treated as a failure to answer or respond.” Rule 37(A)(5) provides that if this motion is granted the court shall “require the party. whose conduct necessitated the motion, the party, or attorney advising that conduct, or both to pay movant’s reasonable expenses incurred in making the motion, including attorney’s fees. As described above, Plaintiffs have not responded to the discovery requests that were served on June 12, 2023. These responses are long overdue. As a result, this Honorable Court should Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB Page 3 of 5 issue an order pursuant to Rule 37 of the Ohio Rules of Civil Procedure compelling Plaintiffs to respond to these discovery requests. III. CONCLUSION For these reasons, Defendants’ Motion to Compel should be granted and Plaintiffs should be ordered to respond to the discovery requests. Plaintiffs should further be ordered to pay the reasonable expenses, including attorney’s fees, incurred by the Islander Defendants in making this motion. Respectfully submitted, FREEMAN, MATHIS & GARY, LLP /s/ Cara M. Wright____________________ DOUG HOLTHUS (0037046) CARA M. WRIGHT (0084583) 65 East State Street, Suite 2550 Columbus, Ohio 43215 T: 614-683-8411 | F: 888-356-3590 doug.holthus@fmglaw.com cara.wright@fmglaw.com Counselfor Defendants Over the Coals, Inc., Chad Trush, The Islander Bar & Grille, and Islander Bar and Grille Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB Page 4 of 5 CERTIFICATE OF SERVICE A copy of the foregoing Defendants The Islander Bar & Grill, Over The Coals, Inc., Islander Bar & Grill and Chad Trush’s Motion to Compel Discovery Responses was filed electronically and served November 7, 2023, to the following by email: W. Craig Bashein, Esq. Louis R. Moliterno, Esq. Stephan C. Kremer, Esq. WILLIAMS, SENNETT & Thomas J. Sheehan, Esq. SCULLY, CO, LPA BASHEIN & BASHEIN CO., LPA 2 Summit Park Drive, Suite 235 Terminal Tower, 35th Floor Cleveland, Ohio 44131 50 Public Square lmoliterno@wmslawohio.com Cleveland, Ohio 44113 Counselfor Defendant Roy Hollingsworth cbashein@basheinlaw.com Mary Beth Klemencic, Esq. AND MAZANEC, RASKIN & RYDER, CO. 100 Franklin’s Row, 34305 Solon Road Kevin M. Spellacy, Esq. Solon, Ohio 44139 MCGINTY, HILOW & SPELLACY, CO. mklemencic@mrrlaw.com 614 W. Superior Avenue, Suite 1300 Counselfor Defendant EMC Insurance Cleveland, Ohio 44113 Company kspell@mghslaw.com AND John J. Spellacy, Esq. JOHN J. SPELLACY & ASSOCIATES 323 W. Lakeside Avenue, Suite 300 Cleveland, Ohio 44113 jspellacy@spellacylaw.com Counselfor Plaintiffs /s/ Cara M. Wright____________________ Cara M. Wright (0084583) Counselfor Defendants Over the Coals, Inc., Chad Trush, The Islander Bar & Grille, and Islander Bar and Grille Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB Page 5 of 5 EXHIBIT A Jazmine Barnes From: Taylor Booth Sent: Monday, June 12, 2023 1:46 PM To: cbashein@basheinlaw.com; kspell@mghslaw.com; jspellacy@spellacylaw.com; lmoliterno@wmslawohio.com; mklemencic@mrrlaw.com Cc: Doug P. Holthus; Cara Wright; Patrice Givens Subject: Ronald Urbansky, et al. v. The Islander Bar & Grille, et al. Case No. CV-23-977823 Attachments: Over the Coals Discovery to Plaintiff- Re-filed Case.pdf; Over the Coals Discovery to Plaintiff- Re-filed Case.docx Counsel, Attached, please find the following: • Defendants The Islander Bar & Grille, Ober the Coals, Inc., Islander Bar & Grille and Chad Trush's First Set of Interrogatories and Requests for Production of Documents Propounded to Plaintiff Ronald Urbansky If you have any questions or concerns, please do not hesitate to contact our office. Thank you! Taylor Booth Legal Assistant Freeman Mathis & Gary, LLP 65 East State Street | Suite 2550 | Columbus, OH 43215 D: 614-683-9127 Taylor.Booth@fmglaw.com www.fmglaw.com | Instagram | Twitter | Facebook FMG Freeman LAW Mathis Gary LLP AZ | CA | CT | FL | GA | IL | IN | KY | MA | NJ | NV | NY | OH | PA | RI | TN | TX Please read this important notice and confidentiality statement Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823 / Confirmation Nbr. 3011783 / CLMHB 1 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RONALD URBANSKY, et al., ) CASE NO.: CV-23-977823 ) Plaintiffs, ) JUDGE: KEVIN J. KELLEY ) vs. ) (RE-FILED ACTION: ORIGINAL CASE ) NO.: CV-19-921557, JUDGE: JOSEPH D THE ISLANDER BAR & GRILLE, et ) RUSSO) al., ) ) Defendants ) DEFENDANTS THE ISLANDER BAR & GRILL, OVER THE COALS, INC., ISLANDER BAR & GRILL AND CHAD CRUSH'S FIRST SET OF INTERROGA TORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO PLAINTIFF RONALD URBANSKY Now come Defendants The Islander Bar & Grill, Over the Coals, Inc., Islander Bar & Grill and Chad Trush (collectively, “Defendants”), by and through counsel, Freeman Mathis & Gary, LLP, and hereby propounds the following Interrogatories and Requests for Production of Documents to Plaintiff Ronald Urbansky, in his individual capacity (herein after “Plaintiff”), to be answered completely and fully, in writing, under oath, within twenty-eight (28) days as provided under the authority of Rules 33 and 34 of the Ohio Rules of Civil Procedure. The term “documents” (and the singular of that term) has the meaning stated in Civil Rule 34(A). Documents requested are to be produced at the offices of Freeman Mathis & Gary, LLP, 65 East State Street, Suite 2550, Columbus, Ohio 43215, or at such other time and place as the parties shall stipulate. Copies of the documents requested may be submitted in lieu of appearance. All documents produced are to be grouped and labeled according to each specific request for production. Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB If a claim of privilege is made with respect to any meeting, communication, act or document, state the basis for the privilege claimed and identify the document, and/or other matter that is claimed to be privileged. It is expressly contemplated that these Interrogatories and Requests for Production of Documents are of a continuing nature and that Plaintiff or Plaintiff's attorney is required to supplement the answers hereto as changes or additional information is obtained. DEFINITIONS 1. As used herein, “Defendants” shall mean “The Islander Bar & Grill, Over the Coals, Inc., Islander Bar & Grill and Chad Trush” and “Plaintiffs” shall mean Ronald Urbansky and Bradley Urbansky. 2. As used herein, “You”, “Your”, and “Yours” shall refer to Plaintiffs, collectively. 3. As used herein, “or” and “and” shall mean and/or. 4. As used herein, “Your Attorneys” shall mean the attorneys hired to represent You in or consult with You about The Lawsuit or the facts giving rise to The Lawsuit. 5. As used herein, “The Lawsuit” shall mean the (re-filed) lawsuit styled Ronald Urbansky v. The Islander Bar and Grille, Case No. CV-23-977823, pending in the Cuyahoga County Court of Common Pleas. 6. As used herein, “Address” means the street address, including the city, state and zip code. 7. As used herein, the term “Documents” is used in the broadest sense of that term and includes, in addition to the material specifically designed hereafter, the original and all non identical copies, whether different from the original by reason of notations made on such copies or otherwise, and all drafts of all the following: computer data, letters, telegrams, memoranda, Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB reports of telephone conversations, ledgers, journals, invoices, bills, sales, orders, call reports, financial and business records, receipts, contracts, reports, studies, calendar entries, diary entries, maps, pamphlets, notes, charts, forms, tabulations, analyses, statistical or informational accumulations, summaries or abstracts, any kind of records of meetings or conversations, firm impressions, sound or mechanical reproductions, rules, regulations, opinions, orders, interpretations, exceptions, position papers, guidelines, publications, instructions, transparencies, handbooks, manuals, operating procedures, appointment calendars, call slips, file jackets, course materials, training materials, minutes, testimony, press releases, speeches, surveys, graphs, statistics, tables, printed or typewritten forms (whether of visits, telephone calls, or otherwise), indices, agreements, graphic representations, cancelled checks, correspondence, memos, telephone message slips, sketches, notes of conversations, and all other written, printed, typed or other reported matter (including electronic or magnetic recordings), photographs, e-mails or other data compilations in which information can be obtained, which are in Your possession, custody or control or in the possession, custody, or control of Your Attorneys, agents, members, directors, officers, partners, affiliates, subsidiaries, servants, or employees. Documents includes, also, Communication and Electronic Documents. 8. As used herein, the term “Communication” means any oral or written utterance, notation, or statement of any nature whatsoever, by and to whomsoever made, including, but not limited to, correspondence, conversations dialogues, Electronic Documents, discussions, interviews, consultations, agreements, memoranda, notes, and other understandings between or among two or more Persons. 9. As used herein, “Person” or “Persons” means not only natural persons, but also corporations, partnerships, organizations, associations, industry groups, entities, joint ventures, or Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 97782$/ Confirmation Nbr. 3011783 / CLMHB any government or governmental entity, commission or agency and any divisions or departments or other units of any of the entities defined herein. 10. As used herein, “Electronic Documents” shall mean any documents, information or data ever placed into or stored on any of Your computers, portable or other electronic media devices or storage devices, including but not limited to the hard-drive(s), lap-top(s), disks, storage systems, retrieval and similar systems, e-mails, internet transmissions, thumb drives, external hard drives, and software program(s), any electronic bulletin boards, diary systems, calendar systems, tickler systems, and any other programs. 11. As used herein, “Contact” means any personal or written communication or Document, whether verbal, written, telephonic, via computer, via the internet or through the use of any other communications medium. 12. As used herein, “Employment” means a relationship in which an employee provides services requested by or on behalf of an employer, other than an independent contractor relationship. 13. As used herein, “Employee” means a person who provides services in an employment relationship and who is a party to The Lawsuit. 14. As used herein, “Employer” means a Person who employs an Employee to provide services in an Employment relationship and who is a party to The Lawsuit. 15. As used herein, the singular shall include plural, and the plural the singular, whenever the effect of doing so is to increase the information responsive to the request for information. Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB 16. If any or all Documents identified or requested herein are no longer in existence or no longer in Your possession, custody, or control because of destruction, loss, or any other reason, then identify the document. 17. The definitions listed above are to be construed as broadly as possible to include the most information or Documents responsive to the discovery requests propounded herein. 18. To avoid ambiguity, significant effort has been spent to define a number of terms used in the following discovery requests. If You or Your Attorney(s) claim(s) You do not understand the meaning of a term, please refer to the list of definitions or contact the opposing attorney for clarification. INSTRUCTIONS 1. Unless otherwise specified, if Y our response regarding a portion of the time period addressed in any Interrogatory differs from Your response in regard to another portion of such period, provide a response for each such portion and indicate the period of time to which each response relates. 2. When an Interrogatory asks You to “describe” or “identify” a Document, provide the following information with respect to each such Document: a. The date appearing on such Document; or if it has no date, so state and give the date or approximate date such Document was prepared, produced, created, or came into being; b. Any identifying or descriptive code number, file number, title or label of such Document; c. The general nature or description of such Document; Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB d. The name of the Person(s) who signed, authored, produced or created such Document; e. The name of the Person(s) who prepared such Document if different from the name provided pursuant to subpart (d) of this instruction; f. The name of the Person(s) to whom such Document was addressed and the name of each such Person other than the addressee to whom such Document, or copy or reproduction thereof, was given or sent; g. The name of the Person or entity having present possession, custody and/or control of such Document; h. The present location of such Document; i. If such Document was, but is no longer in Your possession or control, state what disposition was made of such Document, the reason for such disposition, and the date thereof; and j. Whether or not any draft, copy, or reproduction of such Document contains any script, notation, change, addendum, or the like, not appearing on such Document itself, and if so, the answer shall give the description and identification of each such draft, copy or reproduction in accordance with the above subparts (a) through (i). 3. The above information shall be given in sufficient detail to enable any Person or party to whom a subpoena or Request for Production is directed to identify the Documents sought to be produced and to enable counsel to determine whether such Document, when produced, is in fact the Document so described and identified. 4. Notwithstanding any other instruction in this First Set of Interrogatories and Requests for Production that is or may be to the contrary, if a Document has already been produced Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB by You to any of the current or previous Defendants in The Lawsuit, such Document may be identified by specifying the Bates numbers for all pages of such Document. 5. A request that You identify a Document is not limited to Documents within Your possession, and such requests shall extend to Documents under Your control. 6. When an Interrogatory asks You to “identify” a Person, the answer shall contain the following information with respect to each such Person: a. The full name, current or last known business and residential Addresses, and business and residential phone numbers of such Person; b. The name and address of the agency, Employer or entity at which such Person worked and/or to which such person reported; and c. The title(s) and related periods of service for such Person with each such agency, Employer or entity. 7. When an Interrogatory calls for the “description” or “identity” of any “Document” You contend to be subject to a privilege against disclosure in response to these First Interrogatories, and Requests for Production, provide with respect to each such document or communication the following: a. The nature of the Document You contend is privileged (e.g., letter, memorandum, chart, picture, report, etc.); b. The number of pages comprising the Document and a description of any identifying marks or designations (e.g. Bates numbers) if any, on the Document; c. The date of the Document which You contend is privileged; d. The name(s) of the author(s) and of any recipient(s) of the Document; Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB e. The name and Address of any Person who is not included in Your response to subpart (d) with respect to such Document and who has access to or has seen, read, or heard any portion of the material in the Document that You contend to be privileged; and f. The nature of the privilege asserted. 8. In answering each of these Interrogatories and Requests for Production, furnish all information available to You that is relevant or that might lead to the discovery of relevant evidence, including information in the possession of Your Attorneys, or their investigators, and all Persons acting on Your behalf, including but not limited to Your Employees, Employers, agents, officers, or representatives. If You are unable to answer these Interrogatories and Requests for Production in full after exercising due diligence to supply a complete answer, so state and answer to the extent possible. Specify the reasons for your inability to answer and state whatever information or knowledge You have concerning the unanswered portions. 9. For each Interrogatory or part of an Interrogatory or any Request for Production that You refuse to answer on grounds of an objection, explain in as much detail as possible the basis for Your objection. 10. These Interrogatories and Requests for Production are deemed to be continuing; as such, You are requested to file and serve by way of supplemental answers thereto such additional information as may be required to complete Your answers to these Interrogatories and Requests for Production. Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 97782#/ Confirmation Nbr. 3011783 / CLMHB INTERROGATORIES INTERROGATORY NO. 1: State both Plaintiff's full names, current residence addresses, social security numbers, dates of birth and telephone numbers. Answer: (a) Ronald Urbansky (b) Bradley Urbansky INTERROGATORY NO. 2: Provide a list of all educational institutions attended by Plaintiff Ronald Urbansky, including but not limited to high school, colleges, universities, and vocational schools. Include any degrees, certifications or other certificates of completion received from each institution. Answer: INTERROGATORY NO. 3: If Plaintiff Ronald Urbansky is currently married, provide the full legal name and date of birth of Plaintiff's current spouse as well as the date and location of that marriage. Answer: INTERROGATORY NO. 4: Identify all other persons currently living in Plaintiff Ronald Urbansky’s home/household. For each person identified include their full legal name and age. Answer: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB INTERROGATORY NO. 5: Has Plaintiff Ronald Urbansky ever been involved in any traffic crashes other than the one at issue in this case? If so, please state the date and location of each accident, the names, addresses and telephone numbers of any other persons involved and the name, address and telephone number of any person or agency which investigated the traffic crash. Answer: INTERROGATORY NO. 6: Has Plaintiff Ronald Urbansky ever, either prior or subsequent to the incident made the subject of The Lawsuit, made a claim, received a settlement, or filed a lawsuit as a result of any bodily or psychological injury(s) to Yourself or any other person? If so, please state the name and relationship to you of the person(s) injured, the nature of the injury(s), the court and case number of any lawsuits and the full name, address, and telephone number of any person(s) or entity(s) to whom each Plaintiff submitted a claim or from whom each Plaintiff received a settlement. Answer: INTERROGATORY NO. 7: Has Plaintiff Ronald Urbansky ever, either prior or subsequent to the incident made the subject of The Lawsuit, made a claim for Workers' Compensation, Social Security, or other disability benefits of any nature on behalf of Yourself or any other person? If so, for each claim please state the identity of the person for whom benefits were claimed, the type of benefits claimed, the injury, illness or condition for which the claim was made, the claim number, the date the claim was filed and the full name, address and telephone number of the entity to which the claim was submitted. Answer: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 9778230 Confirmation Nbr. 3011783 / CLMHB INTERROGATORY NO. 8: Please state the factual basis or bases for Plaintiffs' claim (Para.No.23 of Your Re-Filed Complaint) that Defendant Ray Hollingsworth was served alcoholic beverages while noticeably intoxicated by employees / agents of Defendants. Answer: INTERROGATORY NO. 9: Please state the basis or bases for Plaintiffs' claim (Para.No.35 of Your Complaint) that Defendants had any duty “to warn others, including any authorities, of the severe intoxication of Hollingsworth that was known to them, as well as the potential danger and hazard he posed on the roadway as a severely intoxicated operator of a motor vehicle." Answer: INTERROGATORY NO. 10: Please state the basis or bases for Plaintiffs' claim (Para.No.36 ofYour Complaint) that Defendants "knew that Hollingsworth was intoxicated and that he was likely diving and that they therefore had a duty to call the police or otherwise prevent him from leaving the premises." Answer: INTERROGATORY NO. 11: Please identify by name, address and telephone number, all persons, not including medical staff, who were witness to Plaintiff Ronald Urbansky's condition while at the hospital or any medical care facility where Plaintiff Ronald Urbansky received any care or treatment following the occurrence made the subject of The Lawsuit. Answer: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 97782U Confirmation Nbr. 3011783 / CLMHB INTERROGATORY NO. 12: Please identify all care, companionship and services previously provided by Plaintiff Ronald Urbansky and that Plaintiffs’ claim to have been deprived of as a result of the occurrence made the subject of The Lawsuit. Answer: INTERROGATORY NO. 13: List all Plaintiff Ronald Urbansky’s claimed injuries, emotional/psychological conditions and physical conditions believed to be related to The Lawsuit or which are believed to have been directly and proximately caused or contributed to the events made the subject of The Lawsuit. Answer: INTERROGATORY NO. 14: List all healthcare providers with which Plaintiff Ronald Urbansky has treated for injuries which Plaintiffs relate to the occurrence made the subject of The Lawsuit. Answer: INTERROGATORY NO. 15: List all healthcare facilities at which Plaintiff Ronald Urbansky has sought treatment during the five (5) years preceding the incident and occurrence made the subject of The Lawsuit. Answer: INTERROGATORY NO. 16: For each healthcare provider identified within Y our answer to Interrogatory No.18, above, provide the dates seen and condition(s) for which treatment was sought. Answer: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 97782$ Confirmation Nbr. 3011783 / CLMHB INTERROGATORY NO. 17: List any and all psychologists, psychiatrists or other mental health professionals or counselors seen by Plaintiff Ronald Urbansky since March 18, 2019. Answer: INTERROGATORY NO. 18: List any and all psychologists, psychiatrists or other mental health care providers or counselors seen by Plaintiff Ronald Urbansky for the five (5) year period prior to March 18, 2019. Answer: INTERROGATORY NO. 19: For each mental health provider identified within Your responses to Interrogatories Nos. 21, 22, 23, 24, and 25, above, provide the dates seen and condition(s) for which treatment was sought. Answer: INTERROGATORY NO. 20: List all health facilities at which Plaintiff Ronald Urbansky sought care for injuries and conditions which You allege to be related to the occurrence made the subject of The Lawsuit. Answer: INTERROGATORY NO. 21: List all medical expenses incurred by Plaintiff Ronald Urbansky and which Y ou allege to be related to the injuries incurred as a result of the occurrence made the subject of The Lawsuit. Answer: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 97782$ Confirmation Nbr. 3011783 / CLMHB INTERROGATORY NO. 22: List all anticipated future medical expenses which Plaintiff Ronald Urbansky believes he will incur as a result of the March 18, 2019, incident made the subject of The Lawsuit. Answer: INTERROGATORY NO. 23: Identify each Plaintiff Ronald Urbansky’s place of employment on March 18, 2019 and include within your response the following information: (a) position/title; (b) salary/rate of pay; (c) start date; (d) end date; and (e) reason for leaving, if applicable. Answer: INTERROGATORY NO. 24: Is any Plaintiff making a claim for lost wages? If so, provide: (a) the number of days You missed from work (b) the place of Your employment; (c) the rate of Your pay; and (d) the reason(s) for the missed day(s). Answer: (a) Ronald Urbansky (b) Bradley Urbansky INTERROGATORY NO. 25: Please list by item all other damage(s) which each Plaintiff claims to have sustained as a result of the occurrence made the subject of The Lawsuit, including the amount claimed for each item listed. Answer: (a) Ronald Urbansky (b) Bradley Urbansky Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB INTERROGATORY NO. 26: Has any Plaintiff engaged any experts concerning this action? If so, please state the full name, address and telephone number of each expert, his/her field of expertise, whether You expect to call the expert as a witness at trial, the date of any report submitted by the expert and the full name, address and telephone number of the person having custody of any such report. Answer: (a) Ronald Urbansky (b) Bradley Urbansky INTERROGATORY NO. 27: Identify the factual basis for your allegation (Para.No.37 of Your Re-Filed Complaint) that “Defendants were aware of likely litigation involving the Plaintiffs as a result of Ronald Urbansky’s injuries, and failed to take reasonable measures to preserve the video evidence.” Answer REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO. 1: Produce true and accurate copies of all Documents, medical records for all physicians or other medical professionals with whom either Plaintiff has treated for any injuries which You alleged were caused or contributed to by the incident on March 18, 2019, and made the subject of The Lawsuit. For any health care professional for which You do not have copies of records responsive to the above requests, sign and return the enclosed medical authorization forms. Response: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB REQUEST FOR PRODUCTION NO. 2: Produce true and accurate copies of all Documents, medical records for all health care facilities, including but not limited to primary care offices, hospitals, urgent care centers and clinics, at which either Plaintiff has treated for any injuries or conditions which You allege were caused by the incident on March 18, 2019, and made the subject of The Lawsuit. For any facility for which You do not have copies of records responsive to the above requests, sign and return the enclosed medical authorization forms. Response: REQUEST FOR PRODUCTION NO. 3: Produce true and accurate copies of all medical bills and invoices each Plaintiff believes to be related on to the incident on March 18, 2019, and made the subject of The Lawsuit or in the alternative, execute the attached Medical Authorization form. Response: REQUEST FOR PRODUCTION NO. 4: If either Plaintiff is making a claim for loss of wages, produce true and accurate copies of Your federal and state income tax returns for the past five (5) years. Response: REQUEST FOR PRODUCTION NO. 5: If either Plaintiff claims to have sustained a loss of income as a result of the occurrence made the subject of The Lawsuit, produce a copy of Your paystub for the twenty-five (25) pay periods immediately preceding the occurrence made the subject of The Lawsuit. Response: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB REQUEST FOR PRODUCTION NO. 6: Produce any and all Documents, bills, estimates or other documents or tangible things of any nature referring or relating to any property damage or other loss allegedly sustained by either Plaintiff as a result of the occurrence made the subject of The Lawsuit. Response: REQUEST FOR PRODUCTION NO. 7: Produce a clear true and accurate copy of Ronald Urbansky's current driver's license. Response: REQUEST FOR PRODUCTION NO. 8: Produce a clear true and accurate copy of Plaintiff Ronald Urbansky’s current Medicaid or Medicare cards, if any. Response: REQUEST FOR PRODUCTION NO. 9: For any person or entity which might possibly have a subrogated interest, produce true and accurate copies of any and all Documents, correspondence, communications, statements, invoices or explanations of benefits which relate to that person or entity subrogated interest. Response: REQUEST FOR PRODUCTION NO. 10: Produce true and accurate copies of any and all receipts, bills and invoices demonstrating all costs, financial obligations and expenses which each Plaintiff claims are related to the incident on March 18, 2019 and made the subject of The Lawsuit. Response: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 9778237 Confirmation Nbr. 3011783 / CLMHB REQUEST FOR PRODUCTION NO. 11: Produce any and all photographs, diagrams, and sketches which depict the location of the occurrence made the subject of The Lawsuit. Response: REQUEST FOR PRODUCTION NO. 12: Produce any and all photographs of injuries, damages, and/or treatment allegedly sustained by each Plaintiff as a result of the occurrence made the subject of The Lawsuit. Response: REQUEST FOR PRODUCTION NO. 13: Produce any and all oral or written statement(s) made by any agent, representative, or Employee of Defendant(s) or any other party to The Lawsuit and which in any way relates to The Lawsuit. Response: REQUEST FOR PRODUCTION NO. 14: Produce any and all oral or written statement(s) made by any witness to the occurrence. made the subject of The Lawsuit. Response: REQUEST FOR PRODUCTION NO. 15: Produce complete copies of any and all Documents and reports rendered by any experts retained by You or on Your behalf and relative or in any way related to Your claims and the events made the subject of The Lawsuit. Response: Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823/ Confirmation Nbr. 3011783 / CLMHB REQUEST FOR PRODUCTION NO. 16: Produce any and all Documents reviewed or examined by Your expert witness(es) in the course of preparing their testimony for the trial of The Lawsuit. Response: REQUEST FOR PRODUCTION NO. 17: Produce any and all Documents upon which the testimony of Your expert(s) relies or is based and from which any and all such testimony is derived. Response: REQUEST FOR PRODUCTION NO. 18: Produce any and all Documents or other tangible things which You or Your Attorney(s) intend to submit as evidence or expose to the finder of fact at trial. Response: REQUEST FOR PRODUCTION NO. 19: Produce any and all Documents or other tangible things of any nature relied upon by You or any person acting for You in answering this First Set of Interrogatories and First Requests for Production of Documents submitted to You in this action. Response: REQUEST FOR PRODUCTION NO. 21: Produce copies of any and all Documents, correspondence, letters, etc. that were sent by You or sent on Your behalf that would have placed Defendants on notice that litigation was likely. Response: Respectfully submitted, Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 977823? Confirmation Nbr. 3011783 / CLMHB FREEMAN, MATHIS & GARY, LLP /s/ Cara M. Wright____________________ Doug Holthus (0037046) Cara M. Wright (0084583) 65 East State Street, Suite 2550 Columbus, Ohio 43215 T: 614-683-8411 | F: 833-330-3669 doug.holthus@fmglaw.com cara.wright@fmglaw.com Counselfor Defendants Over the Coals, Inc., Chad Thrush, The Islander Bar & Grille, and Islander Bar and Grille Electronically Filed 11/07/2023 15:54 / MOTION / CV 23 9778230 Confirmation Nbr. 3011783 / CLMHB CERTIFICATE OF SERVICE A copy of the foregoing Defendants the Islander Bar & Grill, Over The Coals, Inc., Islander Bar & Grill And Chad Trush's First Set OfInterrogatories And Requests For Production OfDocuments Propounded To PlaintiffRonald Urbansky was filed electronically and served June 12, 2023, to the following by email: W. Craig Bashein, Esq. Louis R. Moliterno, Esq. Stephan C. Kremer, Esq. WILLIAMS, SENNETT & Thomas J. Sheehan, Esq. SCULLY, CO, LPA BASHEIN & BASHEIN CO., LPA 2 Summit Park Drive, Suite 235 Terminal Tower, 35 th Floor Cleveland, Ohio 44131 50 Public Square lmoliterno@wmslawohio.com Cleveland, Ohio 44113 Counsel for Defendant Roy Hollingsworth in cbashein@basheinlaw.com the original action AND Mary Beth Klemencic, Esq. MAZANEC, RASKIN & RYDER, CO. Kevin M. Spellacy, Esq. 100 Franklin’s Row, 34305 Solon Road MCGINTY, HILOW & SPELLACY, CO. Solon, Ohio 44139 614 W. Superior Avenue, Suite 1300 mklemencic@mrrlaw.com Cleveland, Ohio 44113 Counselfor Defendant EMC Insurance kspell@mghslaw.com Company in original action AND John J. Spellacy, Esq. JOHN J. SPELLACY & ASSOCIATES 323 W. Lakeside Avenue, Suite 300 Cleveland, Ohio 44113 jspellacy@spellacylaw.com Counselfor Plaintiffs /s/ Cara M. Wright____________________