BullNBear - Still haven't looked for the other, I will eventually. This is one of the other current ones with our darling co. involved -
U.S. District Court
Northern District of Ohio (Toledo)
CIVIL DOCKET FOR CASE #: 3-01-07281-JGC
Smoke et al v. LoCastro & Associates, Inc. et al
Assigned to: Hon. James G. Carr
Referred to:
Demand: $75000
Lead Docket: None
Related Cases: None
Dkt# in other court: None
Cause: 28:1332 Diversity-Auto Negligence
Date Filed: 06/05/01
Jury Demand: Plaintiff
Nature of Suit: 350
Jurisdiction: Diversity
Plaintiff
-----------------------
Donald M. Smoke represented by William W. Owens
2 Oak Street
Norwalk, OH 44857
419-663-2871
Debra A. Smoke represented by William W. Owens
(See above for address)
Marlon N. Chubb represented by William W. Owens
(See above for address)
Bonnie F. Chubb represented by William W. Owens
(See above for address)
V.
Defendant
-----------------------
LoCastro & Associates, Inc. represented by John T. Hanna
Mazanec, Raskin & Ryder
100 Franklin's Row
34305 Solon Road
Cleveland, OH 44139
440-248-7906
Fax : 440-248-8861
Email: jhanna@mrrlaw.com
TERMINATED: 12/28/2001
Joseph F. Nicholas, Jr.
Mazanec, Raskin & Ryder
100 Franklin's Row
34305 Solon Road
Cleveland, OH 44139
440-248-7906
Fax : 440-248-8861
Email: jnicholas@mrrlaw.com
dba
AllPro Communications
George Tenney, Sr., Administrator of the Estate of represented by Denise M. Hasbrook
Roetzel & Andress
9th Floor
One SeaGate
Toledo, OH 43604
419-242-7985
Fax : 419-242-0316
Email: dhasbrook@ralaw.com
est
George Tenney, Jr.
Enterprise Rent A Car of Canada
Filing Date # Docket Text
06/05/2001 1 Complaint with jury demand (0 summons and Magistrate Consent Forms issued) against LoCastro & Associates, Inc., George Tenney Sr.. filed by Bonnie F. Chubb, Marlon N. Chubb, Debra A. Smoke, Donald M. Smoke. Filing fee collected, receipt #311611. (Attachments: # 1 Civil Cover Sheet)(S, D) Modified on 6/7/2001 (S, D). (Entered: 06/07/2001)
06/05/2001 2 Notice of Placement of case in the CM/ECF Docketing System .(S, D) (Entered: 06/07/2001)
06/11/2001 3 Case Information Statement ; recommended track: standard; ECF Requested filed by all plaintiffs.(S, D) (Entered: 06/13/2001)
06/11/2001 4 Motion to consolidate cases filed by all plaintiffs.(S, D) (Entered: 06/13/2001)
06/13/2001 Summons issued to LoCastro & Associates, Inc. , George Tenney Sr. on 6/13/2001 .(S, D) (Entered: 06/13/2001)
06/19/2001 5 Motion to consolidate cases filed by William W. Owens on behalf of all plaintiffs. (S, D) (Entered: 06/19/2001)
06/22/2001 6 Order signed by Judge Katz and Judge Carr. This case being related to Case No. 3:01cv7113, which is currently pending before Judge Carr, ordered that this cause is transferred to the docket of Judge Carr. (S, A L) (Entered: 06/22/2001)
06/28/2001 7 Motion for extension of time until 7/20/01 to Answer complaint filed by Denise M. Hasbrook on behalf of George Tenney Sr.. (Hasbrook, Denise) (Entered: 06/28/2001)
06/29/2001 8 Answer to Complaint with jury demand (Related Doc # 1) filed by John T. Hanna on behalf of LoCastro & Associates, Inc.. (S, D) (Entered: 07/02/2001)
06/29/2001 9 Notice of Service of first set of interrogatories and first request for production of documents propounded to plaintiffs filed by John T. Hanna on behalf of LoCastro & Associates, Inc.. (S, D) (Entered: 07/02/2001)
07/03/2001 10 Notice of Hearing: A status conference is scheduled for 7/23/01 at 10:00 a.m. Local counsel to appear in person; out of town counsel to contact chambers to make arrangements to participate by phone. (S, A L) (Entered: 07/03/2001)
07/10/2001 11 Order entered and signed by Judge Carr on 7/10/01 granting defendant Tenney's motion for extension of time until 7/20/01 to answer to the complaint. (Related Doc # 7) (S, A L) (Entered: 07/10/2001)
07/10/2001 13 Certificate of service of first set of interrogatories and request for production of documents filed by William W. Owens on behalf of Bonnie F. Chubb, Marlon N. Chubb, Debra A. Smoke, Donald M. Smoke. (N, D) (Entered: 07/12/2001)
07/11/2001 12 Answer to Complaint (Related Doc # 1) filed by Denise M. Hasbrook on behalf of George Tenney Sr.. (Hasbrook, Denise) (Entered: 07/11/2001)
07/26/2001 14 Proposed Stipulation by plaintiff's Smoke and Chubb and defendant's LoCastro and Associates that plaintiffs respond to defendant's First Set of Interrogatories and Request for Production of Documents, filed by counsel on behalf of all parties. (B, T) (Entered: 07/26/2001)
07/26/2001 15 Order signed by Judge Carr. Status conference held 7/23/01. Ordered that a case management conference is scheduled for 8/27/01 at noon. Counsel for defendant Tenney to arrange conference call. Leave is granted to submit proposed agendas by 8/20/01. Counsel to advise court re. suitability of certification of questions to the Ohio Supreme Court. (S, A L) (Entered: 07/26/2001)
07/26/2001 16 Notice of Service by defendant, LoCastro & Associates, Inc., responses to plaintiffs Interrogatories and Request for Production of Documents, filed by John T. Hanna on behalf of LoCastro & Associates, Inc. (B, T) (Entered: 07/30/2001)
07/30/2001 17 Stipulation & Order signed by Judge Carr granting the parties an extension of time to respond to interrogatories and request for production of documents by 8/23/01. (Related document(s)14) (S, A L) (Entered: 07/30/2001)
08/24/2001 18 Proposed Stipulation for extension of time until 9/20/01 to respond to defendant's first set of interrogatories and requests for production of documents filed by all plaintiffs. (N, D) (Entered: 08/27/2001)
09/04/2001 19 Case Management Conference Order signed by Judge Carr. Conference held 8/27/01. These cases are consolidated for discovery and pretrial practice (3:01cv7113, 3:01cv7281 and 3:01cv7354). Discovery re. liability and contract issues to be completed by 3/1/02. Initial settlement conference scheduled for 3/18/02 at 4:00 p.m. Motion for summary judgment by Prime Insurance Co. to be filed by 2/1/02; opposition due 2/15/02; replyd by 2/25/02. Rule 26 discovery to be completed by 10/1/01. All pleadings to be filed in Case No. 3:01cv7113. All further pleadings to be filed electronically. (S, A L) (Entered: 09/04/2001)
09/04/2001 20 Stipulation & Order signed by Judge Carr granting the parties joint motion to extend time until 9/20/01 to respond to defendant's first set of interrogatories and requests for production of documents. (S, A L) (Entered: 09/04/2001)
10/17/2001 21 Initial Disclosures filed by George Tenney Sr.. (Hasbrook, Denise) (Entered: 10/17/2001)
10/17/2001 22 Notice of Service filed by George Tenney Sr.. (Hasbrook, Denise) (Entered: 10/17/2001)
10/22/2001 23 Notice of Filing Initial Disclosures Pursuant to Civil Rule 26(a)(1) filed by LoCastro & Associates, Inc.. (Hanna, John) (Entered: 10/22/2001)
12/28/2001 24 Notice of Substitution of Counsel removing attorney John T. Hanna and adding attorney Joseph F. Nicholas filed by on behalf of LoCastro & Associates, Inc.. (Nicholas, Joseph) (Entered: 12/28/2001)
03/18/2002 25 Order signed by Judge Carr. An initial settlement conference is scheduled for 3/18/02. Due to the conflict in the Court's calendar, ordered that the settlement conference is vacated pending adjudication of the summary judgment motion. (S, A L) (Entered: 03/18/2002)
03/22/2002 26 Order signed by Judge Carr. Telephone status conference is scheduled for 4/29/02 at 10:00 a.m. Pending motion for summary judgment is held in abeyance until after the status conference.(S, A L) Modified on 3/22/2002 (S, A L). (Entered: 03/22/2002)
04/25/2002 27 Response to suggestion of discovery dispute filed by Bonnie F. Chubb, Marlon N. Chubb, Debra A. Smoke, Donald M. Smoke. (N, D) (Entered: 04/26/2002)
05/01/2002 28 Order signed by Judge Carr. Conference held 4/29/02. Ordered that leave is granted to plaintiff to file opposition to American Manufactureres Ins. Co. motion for summary judgment by 5/3/02; reply due 5/13/02. Leave is granted to LoCastro to file a motion for summary judgment by 5/31/02; opposition due 6/17/02; reply due 6/28/02. Jury trial scheduled for 9/17/02 at 9:00 a.m. Parties consent to voir dire by US Magistrate Judge on 9/16/02 at 1:30 p.m. Settlement conference is scheduled for 8/19/02 at 2:30 p.m. Discovery cutoff is 8/15/02. (S, A L) (Entered: 05/01/2002)
05/21/2002 29 Notice of Service of responses to defendant LoCastro & Associates, Inc.'s first set of interrogatories and request for production fo documents filed by Marlon Chubb & Bonnie Chubb. (G, D) Modified on 5/22/2002 (G, D). (Entered: 05/22/2002)
05/21/2002 30 Notice of Service of answers to defendant George Tenney, Sr. Administrator of George Tenny, Jr.'s first set of interrogatories and request for production to plaintiff, Marlon Chubb and Bonnie F. Chubb filed by Donald M. Smoke. (G, D) (Entered: 05/22/2002)
05/21/2002 31 Notice of Service of answers to defendant Georg Tenney, Sr. Administrator of George Tenney, Jr.'s first set of interrogatories and request for production to plaintiff Donald Smoke and Debra Smoke filed by Donald M. Smoke. (G, D) (Entered: 05/22/2002)
05/21/2002 32 Motion for order for joinder of Enterprise Rent-A-Car Canada Limited filed by all plaintiffs. (G, D) (Entered: 05/22/2002)
05/31/2002 33 Motion for summary judgment filed by LoCastro & Associates, Inc.. (Attachments: # 1 # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Pleading Notice of Manual Filing of Deposition Transcripts)(Nicholas, Jr., Joseph) (Entered: 05/31/2002)
06/17/2002 34 Opposition (Related Motion(s) 33) to defendant LoCastro & Associates, Inc's motion for summary jugment filed by all plaintiffs. (S, A L) (Entered: 06/17/2002)
07/30/2002 35 Order signed by Judge Carr. Ordered that defendant LoCastro's motion for summary judgment is granted. (Related Doc # 33) (S, A L) (Entered: 07/30/2002)
08/09/2002 37 Notice of filing transcript deposition of Ms. Anita Carrion filed by George Tenney Sr.. (N, D) (Entered: 08/12/2002)
08/09/2002 38 Deposition of Anita Carrion taken 5/22/02 (Complete document on file in clerk's office) (47 pgs) filed by George Tenney Sr.. (Related document(s)37) (N, D) (Entered: 08/12/2002)
08/12/2002 36 Notice of Hearing: The settlement conference scheduled for 8/19/02 is vacated and reset for 8/20/02 at 1:30 p.m. (S, A L) (Entered: 08/12/2002)
08/26/2002 39 Order signed by Judge Carr. Conference held 8/23/02. Ordered that motion for leave to join Enterprise Rent-A-Car of Canada is granted. (S, A L) (Entered: 08/26/2002)
08/26/2002 40 Order signed by Judge Carr. Status conference held 8/20/02. Ordered that leave is granted to plaintiffs to file motion for summary judgment as to liability against defendant Tenney and motion to vacate judgment as to defendant American Manufacturers Mutual Insurance Co. by 9/15/02; opposition due 10/1/02; reply due 10/18/02. The 9/17/02 trial date is vacated, to be rescheduled pending adjudication of motions.(S, A L) (S, A L) Modified on 8/27/2002 (R, Ci). (Entered: 08/26/2002)
09/18/2002 41 Motion for summary judgment filed by Bonnie F. Chubb, Marlon N. Chubb, Debra A. Smoke, Donald M. Smoke. (G, D) (Entered: 09/18/2002)
09/27/2002 42 Notice of filing depositions of Harlan Handler, George Ondis and Donald Smoke filed by George Tenney Sr.. (N, D) (Entered: 09/27/2002)
09/27/2002 43 Deposition of Harlan B. Handler taken 1/21/02 (Complete document on file in clerk's office) (87 pgs) filed by George Tenney Sr.. (N, D) (Entered: 09/27/2002)
09/27/2002 44 Deposition of Donald Smoke taken 5/22/02 (Complete document on file in clerk's office) (54 pgs) filed by George Tenney Sr.. (N, D) (Entered: 09/27/2002)
09/27/2002 45 Deposition of George Ondis taken 1/21/02 (Complete document on file in clerk's office) (94 pgs) filed by George Tenney Sr.. (N, D) (Entered: 09/27/2002)
10/08/2002 46 Reply Brief filed by all plaintiffs. (N, D) Modified on 10/9/2002 (N, D). (Entered: 10/09/2002)
10/30/2002 47 Order by Judge Carr granting plaintiff Carrion to file on or before 11/15/02 reply briefs responding to oppositions to her 2 pending motions (A, P) (Entered: 10/30/2002)
12/11/2002 48 Order signed by Judge Carr. Ordered that plaintiff's motion for relief from summary judgment is hereby denied. (Related Doc # 41) (S, A L) (Entered: 12/11/2002)
12/11/2002 49 Order signed by Judge Carr. Ordered that plaintiffs' motions for summary judgment as to the liability of George Tenny be, and the same hereby are granted. (S, A L) (Entered: 12/11/2002)