On April 17, 2024 aParty Discoverywas filedinvolving a dispute betweenElizabeth A. Stewart Waggy,andBureau Of Workers' Compensation John Logue, Administrator,Lakeside Building Services Inc.,for SFin the District Court of Cuyahoga County.
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182505333 182505333 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIOELIZABETH A. STEWART WAGGY Case No: CV-24-996015 Plaintiff Judge: ASHLEY KILBANELAKESIDE BUILDING SERVICES INC., ET AL. Defendant JOURNAL ENTRY40 ADRCMC BY PHONE HELD ON 06/06/2024. THE PARTIES APPEARED THROUGH COUNSEL. STATUS OF THE CASEDISCUSSED AND THE FOLLOWING DEADLINES SET:FACT DISCOVERY TO BE COMPLETED BY 08/30/2024.PLAINTIFF'S EXPERT REPORT DUE 08/30/2024.DEFENDANT'S EXPERT REPORT DUE 10/15/2024.FINAL PRETRIAL SET FOR 02/25/2025 AT 01:00 PM. THE PARTIES SHALL EACH FILE A FINAL PRETRIALSTATEMENT SEVEN DAYS BEFORE THE FINAL PRETRIAL AND SHALL INCLUDE THE FOLLOWING: A BRIEF STATEMENT OF FACTS AND LEGAL ISSUES; STIPULATIONS; LIST OF WITNESSES WITH BRIEF SUMMARY OF EXPECTED TESTIMONY; LIST OF EXHIBITS EXPECTED TO BE USED A TRIAL; ANY ANTICIPATED UNIQUE LEGAL ISSUES; AN ESTIMATED LENGTH OF TRIAL; ANY CONTEMPLATED PRETRIAL MOTIONS; AND SPECIAL EQUIPMENT OR POTENTIAL LOGISTICAL REQUESTS.THE PARTIES SHALL EXCHANGE TRIAL EXHIBITS NO LATER THAN SEVEN (7) DAYS BEFORE TRIAL. THE FINALPRETRIAL STATEMENT SHALL UPDATE THE PREVIOUSLY-PROVIDED SETTLEMENT STATEMENT.JURY TRIAL SET FOR 03/24/2025 AT 09:00 AM. COUNSEL AND PRO SE PARTIES ARE DIRECTED TO SUP.R. 41 ANDLOC.R. 17 REGARDING CONTINUANCE OF TRIAL. TRIAL BRIEFS DUE ONE DAY BEFORE TRIAL.DAUBERT OR EXPERT-RELATED MOTIONS IN LIMINE: ANY MOTION CHALLENGING PURPORTED EXPERTTESTIMONY SHALL BE FILED BY THE EXPERT MOTION DEADLINE SET BY THE COURT. IF NO EXPERT MOTIONDEADLINE WAS SET, THEN ANY MOTION CHALLENGING PURPOSED EXPERT TESTIMONY SHALL BE FILED ATLEAST FORTY-FIVE (45) DAYS BEFORE TRIAL. THE PARTY CHALLENGING THE PROPOSED EXPERT TESTIMONYSHALL FILE A COMPLETE COPY OF THE EXPERT'S REPORT(S) AND COMPLETE DEPOSITION TRANSCRIPTS, IF THEEXPERT WAS DEPOSED.MOTIONS IN LIMINE SHALL BE FILED TWENTY-ONE (21) DAYS BEFORE THE START OF TRIAL. RESPONSES DUEPURSUANT TO CIV. R. 6(C). NO REPLIES ARE PERMITTED. AFTER THE DEADLINE FOR RESPONSES, COUNSEL ANDPRO SE PARTIES SHALL CONFER TO RESOLVE THE MOTIONS IN LIMINE, AND, AT LEAST (3) DAYS PRIOR TOTRIAL, THE PARTIES SHALL FILE A JOINT NOTICE INFORMING THE COURT WHICH MOTIONS IN LIMINE ARE -4006/06/2024 RECEIVED FOR FILING 06/10/2024 17:51:20 NAILAH K. BYRD, CLERK Page 1 of2 182505333 182505333UNOPPOSED OR RESOLVED, AND WHICH REMAIN OPPOSED.DEPOSITIONS, AUDIOVISUAL OR TRANSCRIPTS, TO BE PROFFERED AT TRIAL. ANY PARTY WISHING TO PROFFERDEPOSITION TESTIMONY AT TRIAL IN LIEU OF THE DEPONENT'S ATTENDANCE SHALL EXCHANGE SUCHDEPOSITION TESTIMONY BY COUNSEL AT LEAST THIRTY (30) DAYS IN ADVANCE OF TRIAL. THE PARTIES SHALLMEET TELEPHONICALLY OR IN PERSON TO DISCUSS ANY OBJECTIONS TO THE PROFFERED TESTIMONY. IF ANYDISPUTES RELATING TO THE TESTIMONY REMAIN AFTER THE GOOD FAITH CONFERENCE, THE PARTIES SHALLSEND HARD COPIES OF THEIR RESPECTIVE DESIGNATIONS WITH OBJECTIONS EITHER ANNOTATED IN THEMARGINS OR OUTLINED IN A SEPARATE DOCUMENT TO THE COURT'S STAFF ATTORNEY AT LEAST FOURTEEN(14) DAYS IN ADVANCE OF TRIAL. THE PARTIES MAY INCLUDE A BRIEF STATEMENT FOR CONTEXT FOR THEOBJECTIONS IF NECESSARY.JURY INSTRUCTIONS AND INTERROGATORIES. PROPOSED JURY INSTRUCTIONS AND JURY INTERROGATORIESARE DUE SEVEN (7) DAYS BEFORE TRIAL. COUNSEL AND PRO SE PARTIES SHALL CONFER REGARDING JURYINSTRUCTIONS AND INTERROGATORIES IN ORDER TO SUBMIT A JOINT PROPOSED SET OF JURY INSTRUCTIONSAND INTERROGATORIES. THE PARTIES SHALL SUBMIT A JOINT PROPOSED SET OF JURY INSTRUCTIONS TO THECOURT'S STAFF ATTORNEY AT LEAST ONE (1) DAY BEFORE TRIAL. IF ANY DISAGREEMENT REMAINS, THEPARTIES SHALL HIGHLIGHT DISAGREEMENTS TO THE COURT. THE PROPOSED JURY INSTRUCTIONS ANDINTERROGATORIES SHALL BE SUBMITTED IN MICROSOFT WORD FORMAT TO THE COURT'S STAFF ATTORNEY.FURTHER, THE PARTIES ARE ENCOURAGED TO SUBMIT A JOINT STATEMENT OF THE CASE TO BE READ TO THEJURY.ALL PARTIES AND COUNSEL OF RECORD TO BE PRESENT AT BOTH THE SETTLEMENT CONFERENCE AND THEFINAL PRETRIAL OR APPROPRIATE SANCTIONS WILL BE IMPOSED, INCLUDING DISMISSAL PURSUANT TO CIV.RULE 41(B)(1) OR DEFAULT JUDGMENT (AS APPLICABLE). THE COURT HOLDS SETTLEMENT CONFERENCES ANDFINAL PRETRIALS BY ZOOM, UNLESS THE ORDERED OTHERWISE OR THE PARTIES REQUEST IN-PERSONSETTLEMENT CONFERENCE AND/OR FINAL PRETRIAL AT LEAST TWO WEEKS IN ADVANCE.COUNSEL AND PRO SE PARTIES ARE EXPECTED TO BE FAMILIAR WITH THE OHIO RULES OF CIVIL PROCEDURE,THE LOCAL RULES, THIS COURT'S STANDING CIVIL ORDER, WHICH CAN BE FOUND ON THE COURT'S WEBSITE,AND ANY OTHER ORDERS OF THIS COURT.CAPTIONED CASE IS HEREBY REFERRED TO MEDIATION WITH THE COURT MEDIATOR.MEDIATION TO TAKE PLACE IN SEPTEMBER 2024. Judge Signature 06/10/2024- 4006/06/2024 RECEIVED FOR FILING 06/10/2024 17:51:20 NAILAH K. BYRD, CLERK Page 2 of 2
Case Info
Judge
ASHLEY KILBANETrack Judge’s New Case
Case No.
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Document Filed Date
June 10, 2024
Case Filing Date
April 17, 2024
County
Category
SF
Status
ACTIVE
Parties
BUREAU OF WORKERS' COMPENSATION JOHN LOGUE, ADMINISTRATORDefendant
DANIEL A. KIRSCHNERAttorney for the Defendant
ELIZABETH A. STEWART WAGGYPlaintiff
ERIN SAWYERAttorney for the Plaintiff
LAKESIDE BUILDING SERVICES INC.Defendant
SCOTT COGHLANAttorney for the Defendant
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