Lorain Common Pleas

Public Docket Information

PROPLUMBING SERVICE, INC. VS POWERMARK HOMES          Case Number:  07CV154221
Case Details
Type Of Action: Other Civil-CV
Judge: Betleski, Judge Mark
Filed On: 12/20/2007
Parties
NameBirth DatePartyAddressAttorney(s)
PROPLUMBING SERVICE, INCN/AP14133 NIAGRA DRIVE
STRONGSVILLE, OHIO 44136
MOTYLINSKI, MICHAEL
1000 W. WALLINGS RD SUITE A

BROADVIEW HEIGHTS, OHIO 44147

POWERMARK HOMESN/ADC/O BRUCE W. MCCLAIN, S/A
28218 KNICKERBOCKER
BAY VILLAGE, OHIO 44140
MCCLAIN, BRUCE W
28218 Knickerbocker

Bay Village, OHIO 44140

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DateTypeDescription
12/20/2007N/ADeposit Payment: $225.00, by: MICHAEL MOTYLINSKI
12/20/2007FILINGCOMPLAINT FILED.
01/17/2008N/ASUMMONS W/COPY OF COMPLAINT SENT CERTIFIED MAIL TO: POWERMARK HOMES ARTICLE #71603901984548442359
01/17/2008N/ACost Bill Entry
01/24/2008N/ACertified Mail Return : Article # : 71603901984548442359, Delivered Date : 01/22/2008, Reason : Signed Receipt for Certified Mail Returned and Filed., Party : POWERMARK HOMES, Note :
01/31/2008FILINGDEFENDANT'S ANSWER AND COUNTERCLAIM FILED.
02/06/2008Journal EntryTHE ABOVE CAPTIONED CASE HAS BEEN SCHEDULED FOR A CASE MANAGEMENT CONFERENCE BEFORE THE JUDGE ON 04/15/08 AT 2:30 P.M.
03/03/2008FILINGANSWER FILED BY PLAINTIFF.
04/17/2008(MAB)CMC HELD.APR 15,2008.ALL DISCOVERY DEPOSITIONS SHALL BE COMPLETED BY THE PARTIES,ON OR BEFORE JUL 22,2008.SET FOR PRE-TRIAL ON:TUESDAY,JUL 22,2008,AT 9:00AM.
07/23/2008N/AMEDIATION CONFERENCE HAS BEEN SCHEDULED FOR 10/3/08 AT 8:30 IN ROOM 301.
07/30/2008(MAB)PRE-TRIAL HELD ON 7/22/08.CASE IS REFERRED TO THE COURT MEDIATOR,WHO IS TO SCHEDULE THE MEDIATION HEARING ON:FRIDAY,OCT 3,2008,AT 8:30AM.TRIAL TO THE BENCH SET FOR 8:30AM ON JAN 13,2009.DEFENDANT'S EXPERT REPORT,IF ANY,IS DUE BY 10/3/08.PLAINTIFF'S EXPERT REPORT,IF ANY,IS DUE BY 11/26/08.(SEE JOURNAL)
10/03/2008N/AMediation was scheduled for 10/3/08. The case is continued to 10/16/08 when counsel and the Mediator will determine if mediation would be appropriate.
10/22/2008N/AAfter discussion with both counsel it was determined that mediation would not be fruitful. The case is returned to the Court for further proceedings.
01/14/2009(MAB)ON 1/12/09,ATTY MICHAEL MOTYLINSKI NOTIFIED THE COURT THAT THE CLAIMS IN THIS ACTION HAVE BEEN SETTLED BY THE PARTIES.THE TRIAL SET FOR 1/13/09 IS CANCELED.COUNSEL ARE TO FILE A FINAL DISMISSAL NOTICE OR SUBMIT OF FINAL JUDGMENT ENTRY BY FEB 13,2009.THE FINAL NOTICE OR JUDGMENT ENTRY IS TO SPECIFY WHICH PARTY IS TO PAY COURT COSTS.
03/12/2009(MAB)BY THE COURT'S ORDER OF 1/14/09,THE PARTIES WERE REQUIRED TO SUBMIT A FINAL DISMISSAL NOTICE OR JUDGMENT ENTRY,BY FEB 13,20009.THEREAFTER,ATTY MOTYLINSKI ADVISED THE COURT THAT THE SETTLEMENT AGREEMENT WAS NOT FINALIZED.STATUS CONFERENCE SET FOR 11:00AM ON APR 16,2009.COUNSEL FOR PLAINTIFF PROPLUMBING AND FOR DEFENDANT POWERMARK MUST BE PRESENT ON 4/16/09.THE COURT WILL CANCEL THE STATUS CONFERENCE IF IT RECEIVES,PRIOR TO 4/16/09,A DISMISSAL NOTICE OR JUDGMENT ENTRY.
04/13/2009N/ANOTICE OF MUTUAL DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND COUNTERCLAIMS FILED. COST TO BE EQUALLY ASSESSED AGAINST BOTH PARITES.
05/06/2009TAXED-BILL SENT/DISBURSEDCASE TAXED AND DISBURSED
05/06/2009TAXED-BILL SENT/DISBURSEDCASE TAXED & BILL SENT TO: atty. bruce w. mcclain for $22.30.
10/15/2009(MAB)JUDGMENT BY CONSENT SHALL BE ENTERED AND IS HEREBY CONFESSED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF $21,000.00 EFFECTIVE UPON THE FILING HEREOF. CREDIT FOR PRIOR PAYMENTS OF $7,000.00 REDUCES THE BALANCE TO $14,000.00 FOR WHICH JUDGMENT, PLUS COSTS IS HEREBY ENTERED. SEE JOURNAL:
12/11/2009MOTIONMOTION FILED BY DEF, POWERMARK HOMES INC TO VACATE JUDGMENT AND TO REINSTATE DISMISSAL & STIPULATED CONSENT WITH MOTION FOR HEARING.
02/09/2010(MAB)POWERMARK'S UNOPPOSED MOTION TO VACATE THE COURT'S ORDER OF 10/15/09 (OR 10/14/09) IS GRANTED. THE CONSENT JUDGMENT FILED ON 10/15/09 IS HEREBY VACATED, AND THE MUTUAL DISMISSAL WITH PREJUDICE FILED ON 4/13/09 REAMINS CONTROLLING.
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