| Entry Date |
Entry |
| 5/2/2023 |
JUDGMENT GRANTED FOR DISMISSED WITH PREJUDICE for BLANCHARD VALLEY MEDICAL PRACTICE, et al. rendered on 05/02/2023 |
| 5/2/2023 |
Envelope Notice issued to JAMES A HAMMER |
| 5/2/2023 |
Envelope Notice issued to LYNN ELLEN DARBY |
| 5/2/2023 |
Dismissal GRANTED by ALAN D HACKENBERG JUDGE on 05/02/2023 (BURKE) |
| 5/2/2023 |
Dismissal filed by BLANCHARD VALLEY HOSPITAL /Plaintiff on 05/01/2023 /by attorney (BURKE) |
| 4/11/2023 |
NOTICE OF SETTLEMENT filed by LYNN ELLEN DARBY/Defendant on 04/11/2023 /by attorney (HAMMER) |
| 4/10/2023 |
Envelope Notice issued to JAMES A HAMMER |
| 4/10/2023 |
Motion to continue filed by BLANCHARD VALLEY HOSPITAL /Plaintiff on 04/10/2023 /by attorney (ATTY NOLTE ON BEHALF OF HAL BURKE) |
| 4/10/2023 |
Motion to continue GRANTED by ALAN D HACKENBERG JUDGE on 04/10/2023 (ATTY NOLTE ON BEHALF OF HAL BURKE)- RESET FOR TRIAL IN 20 DAYS. TRIAL VACATED ONCE JUDGMENT ENTRY PROVIDED TO COURT. |
| 4/3/2023 |
BRIEF filed by LYNN ELLEN DARBY/Defendant on 04/03/2023 /by attorney (HAMMER) |
| 3/21/2023 |
Envelope Notice issued to JAMES A HAMMER |
| 3/21/2023 |
Envelope Notice issued to HAL D BURKE |
| 3/21/2023 |
PRE TRIAL ORDER: THE FOLLOWING APPEARED ON 3/20/23 FOR PRE TRIAL: COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT. IT IS HEREBY ORDERED THAT: CASE IS SET FOR COURT TRIAL ON APRIL 10, 2023. TRIAL BRIEFS, WITH MARKED EXHIBITS AND WITNESS LISTS, SHALL BE FILED WITH THE COURT 7 DAYS PRIOR TO THE TRIAL. THE CLERK OF COURT SHALL SERVE COPIES OF THIS ORDER UPON ALL PARTIES NOT IN DEFAULT OR THEIR COUNSEL OF RECORD. S/BY ADH, JUDGE |
| 2/28/2023 |
Envelope Notice issued to JAMES A HAMMER |
| 2/28/2023 |
Envelope Notice issued to HAL D BURKE |
| 2/24/2023 |
PRETRIAL ORDER: THE FOLLOWING APPEARED FOR PRETRIAL. COUNSEL FOR PLAINTIFFS, COUNSEL FOR DEFENDANTS. IT IS HEREBY ORDERED THAT THIS CASE SHALL BE SCHEDULED FOR TRIAL WITH A FINAL PRETRIAL WITH THE COURT APPROXIMATELY 10-14 DAYS PRIOR TO TRIAL. ALL PARTIES AND COUNSEL SHALL BE PRESENT FOR TRIAL AND THE FINAL PRETRAIL. NO REQUESTS TO APPEAR BY PHONE WILL BE GRANTED. TRIAL BRIEFS INCLUDING RELEVANT CITATIONS OF AUTHORITY SHALL BE FILED PRIOR TO THE FINAL PRETRIAL. IT IS FURTHER ORDERED THAT: CASE IS SET FOR FINAL PRETRAIL WITH THE COURT ON MARCH 20, 2023 AND TRIAL ON APRIL 10 2023. THE CLERK OF COURTS SHALL SERVE COPIES OF THIS ORDER UPON ALL PARTIES NOT IN DEFAULT OR THEIR COUNSEL OF RECORD. S/ADH JUDGE |
| 2/24/2023 |
PRETRIAL STATEMENT FILED BY ATTY DONAHUE & HAMMER |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to JAMES A HAMMER |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 2/6/2023 |
Trial set for 04/10/2023 at 01:30 PM in room 1 by JUDGE ALAN D HACKENBERG |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to JAMES A HAMMER |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 2/6/2023 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 2/6/2023 |
Pre-Trial with Judge set for 03/20/2023 at 02:00 PM in room 208 by JUDGE ALAN D HACKENBERG COURT TRIAL IS SCHEDULED FOR 4/10/23 AT 1:30 PM. |
| 2/6/2023 |
Motion for Summary Judgment DENIED by ALAN D HACKENBERG JUDGE on 02/02/2023 (BURKE) |
| 2/2/2023 |
This matter comes before the Court upon the Motion for Summary Judgment filed on behalf of the Plaintiffs on December 30, 2022. Defendant did not file a response to Plaintiffs’ Motion for Summary Judgment. Based upon the Motion for Summary Judgment, the pleadings and any evidence properly before the Court pursuant to Civil Rule 56, the Court makes the following FINDINGS and ORDERS:
On October 10, 2022, the Plaintiffs filed a Complaint against the Defendant Lynn Ellen Darby seeking $6,574.13 together with interest at the statutory rate plus court costs. On November 7, 2022, the Defendant filed her Answer to Plaintiffs’ Complaint.
On December 5, 2022, a pretrial conference was held. On December 30, 2022, Plaintiffs filed their Motion for Summary Judgment with no attached affidavit, exhibits or documents. At no time did Defendant file a response to the Motion. The Court notes that the Plaintiffs served their Motion for Summary Judgment on the Defendant at her residence, not her attorney of record, James Hammer.
The Third District Court of Appeals succinctly set forth the standard to be applied in deciding motions for summary judgment. To prevail under Civil Rule 56(C), a party must show: (1) there are no genuine issues of material fact; (2) it appears from the evidence that reasonable minds can reach but one conclusion when viewing the evidence in the nonmoving party’s favor, and that conclusion is adverse to the nonmoving party; and (3) the moving party is entitled to judgment as a matter of law. Civil Rule 56(C); Doe v. Shaffer, 90 Ohio St.3d 388, 390; Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102, 105. Material facts have been identified as those facts “that might affect the outcome of the suit under the governing law.” Turner v. Turner (1993), 67 Ohio St.3d 337, 340 (citing Anderson v. Liberty Lobby, Inc. (1986), 477 U.S. 242, 248.) “Whether a genuine issue exists is answered by the following inquiry: [d]oes the evidence present “a sufficient disagreement to require submission to a jury” or is it “so one-sided that one party must prevail as a matter of law[?]” Id. (citing Liberty Lobby, Inc., 477 U.S. at 251-252.). Summary judgment should be granted with caution, resolving all doubts in favor of the nonmoving party. Osborne v. Lyles (1992), 63 Ohio St.3d 326, 333, 587 N.E.2d 825. “The purpose of summary judgment is not to try issues of fact, but is rather to determine whether triable issues of fact exist.” Lakota Loc. Schools Dist. Bd. Of Edn. v. Brickner (1996), 108 Ohio App.3d 637, 643, 671 N.E.2d 578.
Civil Rule 56(C) states, in relevant part, that “[s]ummary judgment shall be rendered forthwith if the pleadings, … [and] affidavits … timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. No evidence or stipulations may be considered except as stated in this rule.” As noted above, the Plaintiffs did not attach any affidavit, exhibits or documents to the Motion for Summary Judgment. The Defendant has not provided any affidavits in this matter or response.
In this case, the Plaintiffs are relying solely on their Complaint and attached exhibit “A”. Plaintiffs’ Complaint consists of three paragraphs and exhibit “A”. The third paragraph of Plaintiffs’ Complaint alleges that the Defendant is not in the United States military. The attached exhibit “A” is an undated account summary. Plaintiffs do not supplement their Motion for Summary Judgment with any additional facts or evidence by way of affidavits, Answers to Interrogatories or Admissions or any other exhibits and documents. Plaintiffs claim they are entitled to summary judgment because the Defendant entered a general denial to the three paragraphs of their Complaint.
Defendant filed an Answer denying she owes the Plaintiffs the amount demanded. Rule 8(B) of the Ohio Rules of Civil Procedure permits general denials if made in good faith. The Answer filed by the Defendant complies with the Rules of Civil Procedure. Therefore, the Plaintiffs are not relieved of their obligation to demonstrate a lack of genuine issue of material fact. Plaintiffs could have satisfied their burden by providing a simple affidavit in support of its motion. See Discover Bank v. Combs, 4th Dist. Pickaway No. 11CA25, 2012-Ohio-315.
Plaintiffs’ Complaint was sworn to by its legal counsel. The Court does not find this verification to be of sufficient evidentiary quality. Rule 56(E) requires any supporting affidavits be made upon personal knowledge, setting forth such facts as would be admissible in evidence and showing that the affiant is competent to testify to the matters stated in the affidavit. Averments in a verified complaint may be accepted as evidence only to the extent that, like an affidavit, they present evidence within the personal knowledge of the affiant.
There is no indication the allegations in Plaintiffs’ Complaint are made on the personal knowledge of Plaintiffs’ counsel. Most likely, any knowledge is hearsay information provided by the Plaintiffs for the purpose of commencing the action in this case. It is also unclear if the amounts alleged to be owed to the Plaintiffs at the time of the filing of their Complaint continue to be correct or if the Defendant has made payments to the Plaintiffs. These issues demonstrate the existence of material facts that remain in dispute. Additionally, due to Plaintiffs’ counsel not properly serving the Defendant’s counsel of record, Plaintiffs have not properly served the Defendant their Motion for Summary Judgment.
Finding the Plaintiffs have failed to serve the Defendant and failed to establish what is required to prevail in a motion for summary judgment, the Plaintiffs’ Motion for Summary Judgment is overruled and denied. This matter shall be set for a trial to the Court with a final pretrial conference between the parties and the Court prior to the trial date.S/ADH JUDGE
|
| 12/30/2022 |
Motion for Summary Judgment filed by BLANCHARD VALLEY HOSPITAL /Plaintiff on 12/30/2022 /by attorney (BURKE) |
| 12/9/2022 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 12/9/2022 |
Assignment Notice - Civil Notice issued to JAMES A HAMMER |
| 12/9/2022 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 12/9/2022 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 12/9/2022 |
Pre-Trial set for 02/24/2023 at 09:30 AM in room 208 by JUDGE ALAN D HACKENBERG |
| 12/8/2022 |
Envelope Notice issued to HAL D BURKE |
| 12/8/2022 |
Envelope Notice issued to JAMES A HAMMER |
| 12/8/2022 |
THE FOLLOWING APPEARED ON 12/5/22 FOR PRETRIAL: COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANT.
THIS CASE SHALL BE SCHEDULED FOR ANOTHER PRETRIAL IN APPROXIMATELY 60 DAYS. ALL PARTIES AND COUNSEL SHALL APPEAR.
THE PLAINTIFF AND/OR DEFENDANTS ARE GRANTED LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT ON OR BEFORE JANUARY 30, 2023.
THE CLERK OF COURTS SHALL SERVE COPIES OF THIS ORDER UPON ALL PARTIES NOT IN DEFAULT OR THEIR COUNSEL OF RECORD.
SIGNED JUDGE ALAN HACKENBERG |
| 11/10/2022 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 11/10/2022 |
Assignment Notice - Civil Notice issued to JAMES A HAMMER |
| 11/10/2022 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 11/10/2022 |
Assignment Notice - Civil Notice issued to HAL D BURKE |
| 11/10/2022 |
Pre-Trial set for 12/05/2022 at 01:45 PM in room 203 by JUDGE ALAN D HACKENBERG |
| 11/7/2022 |
ANSWER FILED. SET FOR PRETRIAL. ADH. |
| 11/7/2022 |
Answer filed by LYNN ELLEN DARBY/Defendant on 11/07/2022 (HAMMER) |
| 10/14/2022 |
Service For Summons - Civil to LYNN ELLEN DARBY sent via Certified Mail was Perfected on 10/14/2022 Answer Due Date: 11/11/2022 Receipt Number 9414814903030614354254 |
| 10/10/2022 |
Paid $51.00 for Cost/501 CLERK & BAILIFF FEES receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $21.00 for Cost/524 SPECIAL PROJECTS FUND receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $1.00 for Cost/518 MEDIATION receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $0.26 for Cost/590 CIV ST ADDITION FEE (1%) receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $5.00 for Cost/541 COURT COMPUTERIZATION FU receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $13.00 for Cost/540 MUNI CT IMPROVEMENT FUND receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $25.74 for Cost/511 CIVIL STATE ADDITION FEE receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Paid $3.00 for Cost/515 ELECTRONIC IMAGING receipt# 2022427716 by HAL D BURKE. Payment credited to BLANCHARD VALLEY MEDICAL PRACTICE. CHECK# 200235 |
| 10/10/2022 |
Summons - Civil notice issued to LYNN ELLEN DARBY via Certified Mail 9414814903030614354254 |
| 10/10/2022 |
Precipe for Regular Mail filed if Certified Mail returned REFUSED OR UNCLAIMED. |
| 10/10/2022 |
Case Designation Sheet filed. |
| 10/10/2022 |
Original Claim $6574.13 Filed, BLANCHARD VALLEY MEDICAL PRACTICE,SPECIALTY PHYS OF BLANCHARD,BLANCHARD VALLEY HOSPITAL |