Swartz et al v. DiCarlo
Plaintiff: James R. Swartz, Jr., Tonimarie Swartz and Vilma Swartz
Defendant: Mark A. DiCarlo
Cross_defendant: Stephen Komarjanski, Aultman Health Foundation and Emeritus Senior Living
Case Number: 1:2012cv03112
Filed: December 27, 2012
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Lake
Presiding Judge: Christopher A. Boyko
Presiding Judge: Kenneth S. McHargh
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Defendant

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 30, 2019 Opinion or Order Filing 272 Opinion and Order: Plaintiffs' Motion for Prejudgment Interest (Doc. 247 ) is denied. Judge Christopher A. Boyko on 7/30/2019. (D, I)
June 20, 2019 Opinion or Order Filing 261 Opinion and Order : For the reasons stated in this order as follows: Order grants in part, motion for prejudgment and postjudgment (Related Doc # 247 ); Order grants in part, motion for costs (Related Doc # 248 ); Order grants in part motion for attorney fees (Related Doc # 251 ). Signed by Judge Christopher A. Boyko on 6/20/2019.(L,Ja)
January 11, 2019 Opinion or Order Filing 260 Opinion and Order. Defendant's Rule 50 Motion and Rule 62 Motion to Stay (Related doc # 254 ) are denied. Judge Christopher A. Boyko on 1/11/2019. (H,CM)
March 6, 2015 Opinion or Order Filing 140 Memorandum Opinion and Order Adopting Report and Recommendation 129 to grant in part and deny in part 126 . Defendants Motion to Dismiss Counts II and III of Plaintiffs Complaint is granted and Defendants Motion to Dismiss Count I of Plaintiffs Complaint is denied. Judge Christopher A. Boyko on 3/6/2015. (R,D)
February 26, 2015 Opinion or Order Filing 139 Memorandum and Order Denying Plaintiff's Motion to Strike and Motion for Sanctions (Related Doc # 124 ). Signed by Magistrate Judge Kenneth S. McHargh on 2/26/15.(M,De)
November 21, 2014 Opinion or Order Filing 137 Order Adopting Report and Recommendation 130 recommending the Court grant 108 Motion to Dismiss First Amended "Crossclaim" Against Stephen Komarjanski. Judge Christopher A. Boyko on 11/21/2014. (R,D)
November 17, 2014 Opinion or Order Filing 136 Order Denying defendant DiCarlo's Motion for leave to file an untimely motion for judgment on the pleadings (Related Doc # 133 ). Signed by Magistrate Judge Kenneth S. McHargh on 11/17/2014.(M,De)
September 29, 2014 Opinion or Order Filing 128 Opinion and Order. The Court Adopts the Magistrate Judge's Report and Recommendation (Related doc # 101 ) and Plaintiffs' Motion to Dismiss the Counterclaim for Intentional Infliction of Emotional Distress (Related doc # 54 ) is granted. Judge Christopher A. Boyko on 9/29/2014. (H,CM)
May 23, 2014 Opinion or Order Filing 117 Memorandum Opinion and Order. The Motion for Protective Order (doc. no 110) is DENIED as moot in light of the parties' understanding. Other miscellaneous matters pertaining to discovery were placed on the record. The undersigned will retain jurisdiction over the discovery disputes discussed in the telephone conference, should any future disputes arise concerning those issues, re 112 . Magistrate Judge Nancy A. Vecchiarelli on 5/23/2014. (M,M)
April 15, 2014 Opinion or Order Filing 103 Memorandum and Order . The motion for prejudgment attachment 87 is GRANTED. The motion to strike 90 plaintiffs' exhibit is DENIED. Signed by Magistrate Judge Kenneth S. McHargh on 4/15/14.(R,N)
August 6, 2013 Opinion or Order Filing 63 Order Adopting 47 Report and Recommendation granting re 6 Aultman Health Foundation's Motion to dismiss pleading incorrectly designated as a "cross claim", 22 Emeritus Senior Living's Motion for judgment on the pleadings and Notice of Party Dismissal. Judge Christopher A. Boyko on 8/6/2013. (R,D)
March 8, 2013 Opinion or Order Filing 25 Order Adopting 14 Report and Recommendation denying 8 Motion to remand to State Court . Judge Christopher A. Boyko on 3/8/2013. (R,D)
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Plaintiff: James R. Swartz, Jr.
Represented By: David Harold Boehm
Represented By: Dennis P. Zapka
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Plaintiff: Tonimarie Swartz
Represented By: David Harold Boehm
Represented By: Dennis P. Zapka
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Plaintiff: Vilma Swartz
Represented By: David Harold Boehm
Represented By: Dennis P. Zapka
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Defendant: Mark A. DiCarlo
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Cross_defendant: Stephen Komarjanski
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Cross_defendant: Aultman Health Foundation
Represented By: Richard S. Milligan
Represented By: Paul J. Pusateri
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Cross_defendant: Emeritus Senior Living
Represented By: Keith Hansbrough
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