Bilbrey v. PV Holding Corp et al.
| Joanne M. Bilbrey |
| PV Holding Corp, Jules Toussaint, Avis Budget Group, Inc., Avis Car Rental, Avis Budget Car Rental, LLC and Hutchinson Corporation |
| Avis Budget Group, Inc., Avis Car Rental, Avis Budget Car Rental, LLC and PV Holding Corp |
| Hutchinson Corporation and Jules Toussaint |
| 1:2025cv00721 |
| April 10, 2025 |
| U.S. District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
This docket was last retrieved on October 1, 2025. A more recent docket listing may be available from PACER.
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Order [non-document] The Court hereby reschedules the Zoom Status Conference from October 15, 2025 to December 3, 2025 at 2:00 p.m. Updated Zoom invitations will be e-mailed to counsel for distribution. All parties and counsel are required to participate. If the case settles during mediation on November 10, 2025, counsel should notify the Court as soon as possible. If the case does not settle during the mediation, counsel must submit a joint status report to the Court at [email protected] on or before 12:00 p.m. on December 1, 2025. The joint status report should include the latest offer and demand and the reason the case did not settle during the mediation. Entered on behalf of Judge Dan Aaron Polster on 10/1/2025. (K,K)
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Order [non-document] Counsel for one of the Defendants notified chambers of a scheduling conflict regarding the October 28, 2025 mediation. The Court directed the parties to confer and propose alternative dates for mediation. After reviewing the dates provided by the parties, the Court RESETS the mediation conference for November 10, 2025, at 10:00 a.m., in Chambers 10B. Confidential mediation statements shall be submitted to chambers on or before November 3, 2025. All other provisions of the Courts Order at Doc. No. #41 remain in full force and effect. The Court urges counsel to read the Order Setting Mediation Conference and not rely only on the docket text. Magistrate Judge Jonathan D. Greenberg on 9/4/25. (D,Ky)
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Filing 41
Order scheduling mediation conference on 10/28/2025 at 10:00 AM in Chambers 10B before Magistrate Judge Jonathan D. Greenberg. Confidential mediation statements are due to chambers by 10/21/2025. Signed by Magistrate Judge Jonathan D. Greenberg on 9/2/25. (D,Ky)
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Filing 40
Order With the concurrence of Magistrate Judge Jonathan D. Greenberg and the approval of Chief Judge Sara Lioi, this case shall be referred to Johnathan D. Greenberg to conduct mediation. Signed by Judge Dan Aaron Polster and Magistrate Judge Greenberg on 8/29/2025 and Chief Judge Sara Lioi on 9/2/2025. (K,K)
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Order [non-document] referring case to Magistrate Judge Jonathan D. Greenberg for mediation/settlement. (Related documents #39 , #40 ). Entered on behalf of Judge Dan Aaron Polster on 9/2/2025. (K,K)
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| Filing 39 Joint Motion for Referral to Mediation filed by Plaintiff Joanne M. Bilbrey. (Calderone, Kenneth) |
| Filing 38 Subpoena Returned Executed; served upon Lorain County Coroner by Certified Mail on August 4, 2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 37 Subpoena Returned Executed; served upon Ohio State Highway Patrol Central Records by Certified Mail on July 28, 2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 36 Subpoena Returned Executed; served upon Wellington Police Department by Certified Mail on July 22, 2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 35 Subpoena Returned Executed; served upon Wellington Fire District by Certified Mail on July 24, 2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 34 Subpoena Returned Executed; served upon University Hospitals Elyria Medical Center by Certified Mail on July 24,2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 33 Subpoena Returned Executed; served upon South Lorain County Ambulance by Certified Mail on July 24, 2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 32 Subpoena Returned Executed; served upon Lorain County Sheriff by Certified Mail on July 22, 2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Minutes of proceedings [non-document] The Court conducted a Zoom case management conference on July 21, 2025. Plaintiffs Joanne and Erin Bilbrey participated and were represented by Kenneth Calderone and John Latchney. Defendants Jules Toussaint participated and was represented by Attorney Chris Cotter. PV Holding Corp., Hutchinson Corp. and Avis Budget Group participated and were represented by Attorneys Thomas Cabral, Joseph Monroe, and Michael Gilbride. Kathy Langley and Kevin Slaney participated on behalf of insurers. The Court discussed the facts of the case and the outline for discovery. The Court emphasized that the parties should engage in settlement discussions and determine who they would like to use as their mediator. The Court scheduled a Zoom status conference for October 15, 2025, at 9:30 a.m. Counsel must submit a joint status report to Law Clerk Carrie Roush ([email protected]) by October 10, 2025, at noon. (Court Reporter: n/a.) Time: 32 minutes. (K,K) |
| Filing 31 Initial Disclosures Rule 26(a)(1) Initial Disclosures of Defendant Hutchinson Corporation. filed by Hutchinson Corporation. (Gilbride, Michael) |
| Filing 30 Preliminary Estimate/Budget of Amount of Fees and Expenses of Plaintiff filed by Joanne M. Bilbrey. (Calderone, Kenneth) |
| Filing 29 Initial Disclosures filed by Avis Budget Car Rental, LLC, Avis Budget Group, Inc., Avis Car Rental, PV Holding Corp. (Monroe, Joseph) |
| Filing 28 Subpoena Returned Executed; served upon Media Management Company LLC dba Medina Auto Mall by Certified Mail on July 11, 2025 filed on behalf of Joanne M. Bilbrey (Latchney, John) |
| Filing 27 Initial Disclosures filed by Joanne M. Bilbrey. (Calderone, Kenneth) |
| Filing 26 Notice of Service of Initial Disclosures filed by Joanne M. Bilbrey. (Calderone, Kenneth) |
| Filing 25 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Joanne M. Bilbrey. Related document(s) #20 .(Calderone, Kenneth) |
| Filing 24 Answer to #16 Crossclaim, filed by Hutchinson Corporation. (Gilbride, Michael) |
| Filing 23 Answer to #16 Cross-Claim filed by Jules Toussaint. (Cotter, Christopher) |
| Filing 22 Corporate Disclosure Statement identifying Corporate Parent Total Energies SE for Hutchinson Corporation filed by Hutchinson, Inc. (Gilbride, Michael) Modified text on 6/18/2025 (S,DA). |
| Filing 21 Answer to #1 Complaint, with Jury Demand filed by Hutchinson Corporation. (Gilbride, Michael) |
Filing 20
Case Management Conference Scheduling Order with case management conference to be held on 7/21/2025 at 10:00 AM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. Report of Parties' Planning Meeting due no later than 12:00 p.m. on 7/17/2025. Signed by Judge Dan Aaron Polster on 6/11/2025. (K,K)
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| Filing 19 Corporate Disclosure Statement filed by Avis Budget Group, Inc. (Monroe, Joseph) |
| Filing 18 Corporate Disclosure Statement filed by Avis Budget Car Rental, LLC. (Monroe, Joseph) |
| Filing 17 Corporate Disclosure Statement identifying Corporate Parent Avis Budget Group, Inc. for PV Holding Corp filed by PV Holding Corp. (Monroe, Joseph) |
| Filing 16 Answer to #1 Complaint, with Jury Demand and, Crossclaim against Hutchinson, Inc., Jules Toussaint filed by Avis Budget Group, Inc., Avis Car Rental, Avis Budget Car Rental, LLC, PV Holding Corp. (Monroe, Joseph) |
| Filing 15 Answer to #1 Complaint, with Jury Demand filed by Jules Toussaint. (Cotter, Christopher) |
Order [non-document] granting Defendant Hutchinson Inc.'s Motion for leave to File Answer to Plaintiff's Complaint on or before June 13, 2025. (Related Doc #14 ) Approved by Judge Dan Aaron Polster on 6/2/2025.(K,K)
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| Filing 14 Motion for leave until June 13, 2025 to File Answer to Plaintiff's Complaint filed by Defendant Hutchinson, Inc. (Gilbride, Michael) Modified text on 6/3/2025 (S,DA). |
| Filing 13 Attorney Appearance by Christopher E. Cotter filed by on behalf of Jules Toussaint. (Cotter, Christopher) |
| Filing 12 Return of Service by certified mail executed upon Jules Toussaint on 5/17/2025, filed on behalf of Joanne M. Bilbrey (Related document(s) #4 ) (Calderone, Kenneth) |
| Filing 11 Return of Service by certified mail executed upon Hutchinson, Inc. c/o James Todoroff on 5/9/25, filed on behalf of Joanne M. Bilbrey (Related document(s) #4 ) (Calderone, Kenneth) |
| Filing 10 Return of Service by certified mail executed upon Hutchinson, Inc. c/o Jack Turner on 5/9/25, filed on behalf of Joanne M. Bilbrey (Related document(s) #4 ) (Calderone, Kenneth) |
| Filing 9 Return of Service by certified mail executed upon Hutchinson, Inc. c/o John Meyne on 5/9/2025, filed on behalf of Joanne M. Bilbrey (Related document(s) #4 ) (Calderone, Kenneth) |
| Filing 8 Waiver of Service Returned Executed by Joanne M. Bilbrey. PV Holding Corp waiver sent on 5/2/2025, answer due 7/1/2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 7 Waiver of Service Returned Executed by Joanne M. Bilbrey. Avis Budget Group, Inc. waiver sent on 4/11/2025, answer due 6/10/2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 6 Waiver of Service Returned Executed by Joanne M. Bilbrey. Avis Car Rental waiver sent on 4/11/2025, answer due 6/10/2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 5 Waiver of Service Returned Executed by Joanne M. Bilbrey. Avis Budget Car Rental, LLC waiver sent on 4/11/2025, answer due 6/10/2025 filed on behalf of Joanne M. Bilbrey (Calderone, Kenneth) |
| Filing 4 Original Summons issued to counsel for service upon Hutchinson, Inc., Hutchinson, Inc. c/o Jack Turner, c/o James Todoroff, c/o John Meyne, PV Holding Corp, PV Holding Corp c/o Corporation Service Company, c.o Linda Ciaramella, c/o Robert E. Muhs, Jules Toussaint. (H,JL) |
| Filing 3 Praecipe for Issuance of Original Summons upon Hutchinson, Inc., PV Holding Corp, Jules Toussaint by certified mail. filed by Joanne M. Bilbrey. (Attachments: #1 Summons Hutchinson, Inc. c/o Jack Turner, #2 Summons Hutchinson, Inc. c/o James Todoroff, #3 Summons Hutchinson, Inc. c/o John Meyne, #4 Summons Jules Toussaint, #5 Summons PV Holding c/o Corporation Service Company, #6 Summons PV Holding c/o Linda Ciaramella, #7 Summons PV Holding c/o Robert E. Muhs, #8 Summons PV Holding Corp.)(Calderone, Kenneth) Modified on 4/21/2025 (H,JL). |
| Filing 2 Magistrate Consent Form issued. Summonses not provided and were not issued. (H,Ch) |
| Filing 1 Complaint with jury demand against PV Holding Corp, Jules Toussaint, Avis Budget Group, Inc., Avis Car Rental, Avis Budget Car Rental, LLC, Hutchinson, Inc. Filing fee paid $ 405, Receipt number AOHNDC-13045818. Filed by Joanne M. Bilbrey. (Attachments: #1 Exhibit 1 - Probate Court Letters of Authority, #2 Civil Cover Page) (Calderone, Kenneth) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (H,Ch) |
| Judge Dan Aaron Polster assigned to case. (H,Ch) |
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Order [non-document] The Court hereby reschedules the Zoom Status Conference from October 15, 2025 to December 3, 2025 at 2:00 p.m. Updated Zoom invitations will be e-mailed to counsel for distribution. All parties and counsel are required to participate. If the case settles during mediation on November 10, 2025, counsel should notify the Court as soon as possible. If the case does not settle during the mediation, counsel must submit a joint status report to the Court at