Avon Lake Municipal Court
Docket entry on civil case number CVG 2400273

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Case Number: CVG 2400273
Defendant(s): Beach Park Railway Llc Ohio Facilities Construction
    05/03/2024
    • CASE WAS FILED WITH COURT
    05/13/2024
    • SUMMONS ISSUED TO BEACH PARK RAILWAY LLC, DOE,JOHN/JANE 1-99
    • BY BAILIFF (BEACH PARK RAILWAY, 33501-A & 33479 LAKE ROAD)
    • AND ORDINARY MAIL
    • SUMMONS ISSUED TO OHIO FACILITIES CONSTRUCTION
    • ORDINARY MAIL
    • ALSO SERVED BY ORDINARY MAIL: BEACH PARK RAILWAY LLC AT P.O.
    • BOX 6
    • CASE SET FOR A F.E.D. HEARING ON 06/04/2024 AT 2:00 PM
    • CIVIL FILING FEE FOR 3 DEFENDANTS $116.00
    • ORDINARY POSTAGE $25.00
    • PAYMENT - RECEIPT NO. 2401476 IN THE AMOUNT OF $ 141.00
    • DEPOSIT - RECEIPT NO. 2401477 IN THE AMOUNT OF $ 90.00
    05/14/2024
    • MOTION TO ALLOW ESCROW OF RENT PAYMENTS
    • MOTIONS/REQUESTS $10.00
    • CERTIFICATE OF MAILING $6.50
    05/15/2024
    • FAILURE OF PERSONAL SERV: ON 05/14/24 BAILIFF RECEIVED
    • SUMM/COMPLAINT AND MADE RESIDENCE SERVICE OF IT UPON DEFT(S)
    • BUT WAS UNABLE TO SERVE IT UPON THEM DUE TO NO RESPONSE AT
    • DOOR. TAPED TO DOOR
    • BAILIFF FEES FOR 3 DEFENDANTS $48.00
    05/21/2024
    • JURY DEMAND PURSUANT TO R.C.1923.10 FILED BY DEFTS ATTORNEY
    • JURY DEMAND $10.00
    • DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR FORCIBLE
    • ENTRY AND DETAINED AND COUNTERCLAIM WITH JURY DEMAND FILED
    • COUNTERCLAIM WITH SERVICE $20.00
    • PRAECIPE FOR SERVICE BY CERTIFIED MAIL FOR COUNTERCLAIM AND
    • ANSWER
    • CERTIFIED MAIL POSTAGE $10.00
    • PAYMENT - RECEIPT NO. 2401587 IN THE AMOUNT OF $ 40.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 1959 09
    • ISSUED ON: 05/21/2024 TO: STOP 65,LLC
    • SENT BY: TERESA
    05/23/2024
    • JOURNAL ENTRY $10.00
    • A COMPLAINT IN FORCIBLE ENTRY & DETAINER CASE WAS FILED BY
    • PLAINTIFF ON OR ABOUT MAY 3, 2024. THE CLERK SCHEDULED A
    • HEARING ON THE FIRST CAUSE FOR JUNE 4, 2024. THEREAFTER,
    • DEFENDANT FILED AN ANSWER, COUNTERCLAIM, AND JURY DEMAND ON
    • MAY 21, 2024. DEFENDANT ALSO FILED A MOTION TO ALLOW ESCROW
    • OF RENT PAYMENTS ON MAY 14, 2024. UPON REVIEW OF THE
    • PLEADINGS AND MOTIONS FILED WITH THE COURT, IT HAS COME TO
    • JUDGE MANNING'S ATTENTION THAT A CONFLICT OF INTEREST
    • EXISTS. THEREFORE, JUDGE ALLISON L MANNING HEREBY RECUSES
    • HERSELF FROM THIS MATTER.
    • THIS IS A SINGLE JUDGE COURT, THUS THERE ARE NO OTHER
    • JUDGES AT THIS COURT WHO COULD PRESIDE OVER THE CASE. THE
    • COURT WILL SEEK A JUDICIAL APPOINTMENT FROM THE OHIO
    • SUPREME COURT TO PRESIDE OVER THIS MATTER. COPIES TO
    • PARTIES
    05/24/2024
    • CERTIFICATE OF ASSIGNMENT FOR THE HONORABLE C ALLEN
    • MCCONNELL
    05/28/2024
    • CASE SET FOR A PRE-TRIAL ON 06/07/2024 AT 10:30 AM
    • HEARING NOTICE TO PARTIES
    • CASE CONTINUED DUE TO APPOINTMENT OF NEW JUDGE
    05/30/2024
    • NOTICE OF APPEARANCE FILED BY MELANIE CORNELIUS, COUNSEL
    • FOR DEFENDANT OHIO FACILITIES CONSTRUCTION COMMISSION
    • ANSWER OF THE OHIO FACILITIES CONSTRUCTION COMMISSION
    • JUNE 4, 2024 HEARING CANCELED
    05/31/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 1959 09 REFERENCE # 2
    • SERVED ON: 05/28/2024 TO: STOP 65,LLC
    06/04/2024
    • PLAIANTIFF'S MOTION TO DISMISS BEACH PARK RAILWAY LLC'S
    • COUNTERCLAIMS FILED
    • MOTIONS/REQUESTS $10.00
    06/05/2024
    • PAYMENT - RECEIPT NO. 2401753 IN THE AMOUNT OF $ 10.00
    06/11/2024
    • DEPOSIT - RECEIPT NO. 2401817 IN THE AMOUNT OF $ 350.00
    • JURY DEPOSIT RECEIVED FROM BEACH PARK RAILWAY ATTORNEY
    • BREMKE
    06/12/2024
    • CASE SET FOR A PRE-TRIAL ON 06/21/2024 AT 10:30 AM
    • CASE SET FOR A MOTION HEARING ON 07/19/2024 AT 10:30 AM
    • THIS MATTER CAME BEFORE THE COURT ON JUNE 7, 2024 FOR A
    • PRE-TRIAL WITH ALL PARTIES PRESENT. COURT DECIDED THAT A
    • SECOND PRE-TRIAL WILL BE HELD ON JUNE 21, 2024 AT 10:30 AM.
    • RELEVANT PRE-TRIAL MOTIONS SHOULD BE FILED BEFORE JUNE 21ST
    • DATE. ON JULY 19,2024 AT 10:30 THE COURT WILL RULE ON ALL
    • PENDING MOTIONS AND ESTABLISH A JURY TRIAL DATE, IF A JURY
    • PRE-TRIAL DATE IS NEEDED THAT WILL BE ESTABLISHED DURING
    • THE JULY 19, 2024 APPEARANCE DATE. (COMPLETE ENTRY
    • AVAILABLE WITH FILE) COPIES TO PARTIES
    06/18/2024
    • NOTICE OF CLARIFICATION OF RENTAL PAYMENTS
    06/21/2024
    • DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO DISMISS BEACH
    • PARK RAILWAY, LLC'S COUNTERCLAIMS
    • DEFENDANT'S NOTICE OF LEAVE TO FILE AMENDED COUNTERCLAIM
    • INSTANTER.
    • DEFENDANT'S FIRST AMENDED ANSWER TO PLAINTIFF'S COMPLAINT
    • FOR FORCIBLE ENTRY & DETAINER AND COUNTCLAIM WITH JURY
    • DEMAND. FILED
    06/24/2024
    • TRANSCRIPT $25.00
    • PAYMENT - RECEIPT NO. 2401987 IN THE AMOUNT OF $ 25.00
    • THIS MATTER CAME BEFORE THE COURT ON JUNE 21, 2024 FOR
    • PRE-TRIAL WITH ALL PARTIES PRESENT. IT IS THE ORDER OF THE
    • COURT THAT THE PARTIES AGREED THAT ALL RENTAL PAYMENTS ARE
    • CURRENT THROUGH JULY 2024, AND THAT ACCEPTANCE WILL NOT BE
    • DEEMED PREJUDICAL AGAINST THE PLAINTIFF. THE PLAINTIFF IS
    • HEREBY ORDERED TO RESPONT TO THE DEFENDANT'S MOTIONS FILED
    • ON JUNE 21, 2024 BEFORE THE NEXT SCHEDULED PRE-TRIAL ON
    • JULY 19,2024. DEFENDANT, BEACH PARK RAILWAYS, IS FURTHER
    • ORDERED TO BRIEF THEIR CLAIM THAT THIS COURT LACKS
    • JURISDICTION TO HEAR A CLAIM IN EXCESS OF $25,000 AS
    • ALLEGED IN THE DEFENDANT'S COUNTERCLAIM. ALL PENDING
    • MOTIONS WILL BE RULED UPON BEFORE THE NEXT PRE-TRIAL DATE.
    • A TRIAL DATE WILL BE SET AT THE PRE-TRIAL THAT IS SCHEDULED
    • ON JULY 19, 2024. THIS IS THE ORDER OF THE COURT. THE CLERK
    • IS HEREBY ORDERED TO CERTIFY A COPY OS THIS ORDER TO ALL
    • PARTIES.
    06/26/2024
    • PLAINTIFF'S MOTION FOR SEPARATE TRIALS AND OPPOSITION TO
    • CERTIFICATION TO COMMON PLEAS COURT
    • MOTIONS/REQUESTS $10.00
    • PLAINTIFF'S MOTION TO DISMISS BEACH PARK RAILWAY, LCC'S
    • AMENDED COUNTERCLAIMS
    • MOTIONS/REQUESTS $10.00
    07/02/2024
    • NOTICE OF SERVICE OF DISCOVERY FILED BY DEFENDANT ATTORNEY
    07/09/2024
    • EMAIL FROM ALISON ARCHER WHO IS REPRESENTING OHIO
    • FACILITIES CONSTRUCTION, REQUESTING PERMISSIONTO APPEAR
    • REMOTELY OR BE EXCUSED. EMAILS ALSO RECEIVED BY OTHER
    • COUNSEL STATING THEY HAVE NO OBJECTION TO THE REQUEST
    07/12/2024
    • DEFENDANT'S BRIEF IN SUPPORT OF CERTIFICATION TO COMMON
    • PLEAS COURT & OPPOSITION TO BIFURCATION FILED
    07/15/2024
    • JUDGE MCCONNELL NOTIIFIED THE COURT THAT HE WILL EXCUSE
    • OHIO FACILITIES CONSTRUCTION COMMISSION FROM APPEARANCE
    • NOTIFIED REP
    07/16/2024
    • PLAINTIFF'S REPLY TO DEFENDANT'S BRIEF IN SUPPORT OF
    • CERTIFICATION TO COMMON PLEAS & OPPOSITION TO BIFURCATION
    • FILED
    07/18/2024
    • DEFENDANT'S REPLY TO PLAINTIFF'S MOTION TO DISMISS BEACH
    • PARK RAILWAY, LLC'S AMENDED COUNTERCLAIM FILED
    07/19/2024
    • CASE SET FOR A FINAL PRE-TRIAL ON 08/23/2024 AT 10:30 AM
    • CASE SET FOR A JURY TRIAL ON 09/20/2024 AT 9:00 AM
    07/29/2024
    • NOTICE OF APPEAL FILED BY ATTORNEY GIOVANNA SCALETTA-BREMKE
    • APPEAL/TRANSCRIPT $50.00
    • IT IS SO ORDERED THAT PLAINTIFF'S MOTION TO DISMISS
    • DEFENDANT'S COUNTERCLAIMS PURSUANT TO CIV.R 12(B)(6) IS
    • WELL-TAKEN AND GRANTED. PLAINTIFF'S MOTION TO BIFURCATE AND
    • OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER IS FURTHERMORE
    • MOOT AND DENIED AS SUCH. THIS IS A FINAL, APPEALABLE ORDER.
    • (COMPLETE ENTRY AVAILABLE WITH FILE @ ALMC) COPIES TO
    • PARTIES. ENTRY EMAILED ON 7/29/24
    07/31/2024
    • PAYMENT - RECEIPT NO. 2402475 IN THE AMOUNT OF $ 50.00
    • IT HAS COME TO THE COURT'S ATTENTION THAT ON JULY 29,2024,
    • THE DEFENDANT BEACH PARK RAILWAY, FILED AN APPEAL TO THE
    • LORAIN COMMON PLEAS COURT FOLLOWING THE COURT'S GRANTING OF
    • THE PLAINTIFF'S MOTION TO DISMISS THE DEFENDANT'S
    • COUNTERCLAIMS. IT IS HEREBY ORDERED THAT ALL PROCEEDINGS
    • ARE HEREBY STAYED PENDING A RULING BY THE LORAIN COMMON
    • PLEAS COURT. COPIES TO PARTIES
    08/08/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 44
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 68
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 02
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 33
    • ISSUED ON: 08/08/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • SENT BY: MILLERM
    • COPY OF APPEAL HAND DELIVERED TO ATTY BREMKE AT CLERK'S
    • WINDOW(MMP)
    • APPEAL MAILED TO LORAIN COUNT CLERK OF COURTS
    08/15/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 44 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9989 68 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 02 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9990 33 REFERENCE # 2
    • SERVED ON: 08/12/2024 TO: LORAIN COUNTY CLERK OF COURTS
    10/07/2024
    • JOURNAL ENTRY RECEIVED FROM 9TH DISTRICT APPELLATE COURT
    10/11/2024
    • CASE SET FOR A TELEPHONE P-T ON 10/18/2024 AT 10:00 AM
    10/18/2024
    • MOTION TO CERTIFY AN IMMEDIATE APPEAL FILED
    • MOTIONS/REQUESTS $10.00
    10/22/2024
    • OPPOSITION TO MOTION TO CERTIFY AN IMMEDIATE APPEAL FILED
    • BY PLAINTIFF ATTORNEY
    10/23/2024
    • CASE SET FOR A TELEPHONE P-T ON 11/15/2024 AT 10:00 AM
    • CASE SET FOR A TRIAL ON 12/20/2024 AT 9:00 AM
    • ORDER: THIS MATTER CAME BEFORE THE COURT ON OCTOBER 18,
    • 2024 FOR A TELEPHONIC PRE-TRIAL FOLLOWING THE COURT OF
    • APPEALS DISMISSAL OF THE APPELLANT'S APPEAL OF THE
    • DISMISSAL OF THE DEFENDANT'S COUNTERCLAIMS. THE FOLLOWING
    • DATES HAVE BEEN AGREED UPON WITH THE PARTIES AND THE COURT.
    • NOVEMBER 8, 2024 - STATUS REPORT FROM ATTY BREMKE REGARDING
    • HER ELECTION FOR JUDGE. NOVEMBER 15, 2024 DISCOVERY CUT-OFF
    • AND PRE-TRIAL CONFERENCE VIA PHONE AT 10:00 AM. DECEMBER
    • 20, 2024 AT 9:00 AM TRIAL DATE. COPIES TO PARTIES
    10/28/2024
    • RETURN OF SERVICE OF SUBPOENA FILED BY ATTORNEY MULVANEY
    10/30/2024
    • THIS MATTER CAME BEFORE THE COURT UPON THE DEFENDANT'S
    • MOTION TO CERTIFY AN IMMEDIATE APPEAL. ALSO BEFORE THE
    • COURT IS THE PLAINTIFF'S OPPOSITION TO THE MOTION TO
    • CERTIFY AN IMMEDIATE APPEAL.
    • HAVING REVIEWED THE PLEADINGS BEFORE THE COURT AND THE
    • APPELLATE DECISION, THE COURT FINDS THAT THE DEFENDANT'S
    • MOTION TO CERTIFY IS FOUND NOT WELL TAKEN. THIS IS A
    • FORCIBLE ENTRY & DETAINER ACTION AND THE STATUTE CLEARLY
    • INTENDED THAT THESE MATTERS WOULD BE HANDLED EXPEDITIOUSLY.
    • IT IS THE COURT'S FINDING THAT THERE ARE NO APPEALABLE
    • ISSUES AND CERTIFYING THE RECORD WOULD SIMPLY CAUSE FURTHER
    • DELAY. THE DEFENDANT'S MOTION TO CERTIFY IS HEREBY DENIED.
    • THIS MATTER IS CONTINUED FOR PRETRIAL AND TRIAL AS AGREED
    • BY THE PARTIES. COPIES EMAILED TO PARTIES