Harvey, et al. v. Joseph et al.
| Ohio Northern District Court | |
| Judge: | Charles Esque Fleming |
| Case #: | 1:24-cv-01398 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Aug 15, 2024 |
| Terminated: | Dec 16, 2024 |
| Last checked: Tuesday Feb 11, 2025 3:26 AM EST |
|
Defendant
Michelle Silverstein
300 Capital Hill Circle
Chagrin Falls, OH 44022 |
Represented By
|
|
Defendant
Kim Joseph
|
Represented By
|
|
Plaintiff
Alec Reed Deckman
9765 Haven Port Lane
Ooltewah, TN 37363 |
Represented By
|
|
Plaintiff
Allison Marie Deckman
9765 Haven Port Lane
Ooltewah, TN 37363 |
Represented By
|
|
Plaintiff
Matthew Cole Deckman
9765 Haven Port Lane
Ooltewah, TN 37363 |
Represented By
|
|
Plaintiff
Michael P. Harvey
|
Represented By
|
|
Plaintiff
Trustee Brian E. McGrath
|
Represented By
|
GPO
Dec 16 2024
Memorandum Opinion and Order: The Court GRANTS Defendants' motion to dismiss for lack of subject matter jurisdiction under F.R.C.P. 12(b)(1). (ECF No. 21). The Court lacks jurisdiction over this case, so the case is dismissed. Because the case is closed, the pending motion to quash (ECF No. 19) and motion to enforce subpoenas (ECF No. 26) are DENIED as MOOT. Judge Charles Esque Fleming on 12/16/2024. (S,SR) |
| Docket last updated: 8 hours ago |
| Wednesday, February 12, 2025 | ||
| 32 | 32
resp
Reply
Wed 02/12 9:48 AM
Reply in support of29 Motion for sanctions filed by Kim Joseph, Michelle Silverstein. (Drechsler, David) |
|
| Thursday, February 06, 2025 | ||
| 31 | 31
resp
Opposition
Thu 02/06 4:17 PM
Opposition to29 Motion for sanctions Against Michael P. Harvey, Esq. filed by All Plaintiffs. (Harvey, Michael) |
|
| Friday, January 31, 2025 | ||
| 30 | 30
oth_doc
Proposed Order
Fri 01/31 2:22 PM
Proposed Order filed by Kim Joseph, Michelle Silverstein. Related document(s)29 . (Drechsler, David) |
|
| Thursday, January 30, 2025 | ||
| 29 | 29
motion
Sanctions
Thu 01/30 4:05 PM
Motion for sanctions filed by Kim Joseph, Michelle Silverstein.(Drechsler, David) |
|
|
Att: 1
Brief in Support Memorandum in Support,
|
||
|
Att: 2
Exhibit A - 4/18/24 Judgment Entry,
|
||
|
Att: 3
Exhibit B - Complaint filed 12/30/2024,
|
||
|
Att: 4
Exhibit C - Application for Authority to Administer Estate filed 4/19/24,
|
||
|
Att: 5
Exhibit D - Journal Entry filed 12/8/2020,
|
||
|
Att: 6
Exhibit E - Journal Entry filed 5/11/2021,
|
||
|
Att: 7
Exhibit F - Journal Entry filed 11/21/2023,
|
||
|
Att: 8
Proposed Order
|
||
| Monday, December 16, 2024 | ||
| 28 | 28
order
Judgment
Mon 12/16 1:28 PM
Judgment: For the reasons set forth in the contemporaneously filed27 Memorandum Opinion and Order, Defendants' motion to dismiss is GRANTED. (ECF No.21 ). Accordingly, this case is closed. Judge Charles Esque Fleming on 12/16/2024. (S,SR) |
|
| 27 | 27
6
pgs
order
Memorandum Opinion and Order
Mon 12/16 1:23 PM
Memorandum Opinion and Order: The Court GRANTS Defendants' motion to dismiss for lack of subject matter jurisdiction under F.R.C.P. 12(b)(1). (ECF No.21 ). The Court lacks jurisdiction over this case, so the case is dismissed. Because the case is closed, the pending motion to quash (ECF No.19 ) and motion to enforce subpoenas (ECF No.26 ) are DENIED as MOOT. Judge Charles Esque Fleming on 12/16/2024. (S,SR) |
|
| Thursday, December 05, 2024 | ||
| 26 | 26
motion
Enforce
Thu 12/05 6:15 PM
Motion to enforce Subpoenas and Request for Contempt Pursuant to Federal Civil Rule 45(g) filed by Michael P. Harvey, Alec Reed Deckman, Matthew Cole Deckman, Allison Marie Deckman, Brian E. McGrath. Related document(s)10 ,22 ,23 ,19 ,15 .(Harvey, Michael) |
|
|
Att: 1
Exhibit A-Email Communications with Regions,
|
||
|
Att: 2
Exhibit B-Correspondence with Attorney Hartman,
|
||
|
Att: 3
Exhibit C-Subpoenas,
|
||
|
Att: 4
Exhibit D-Emails btwn Attorney Pemerton and Regions
|
||
| Wednesday, December 04, 2024 | ||
| 25 | 25
resp
Reply
Wed 12/04 4:06 PM
Reply in support of21 Motion to dismiss Plaintiffs' Complaint filed by Kim Joseph, Michelle Silverstein.(Drechsler, David) |
|
|
Att: 1
Exhibit A - Application for Authority to Administer Estate,
|
||
|
Att: 2
Exhibit B - Appellant's Brief,
|
||
|
Att: 3
Exhibit C - Motion to Dismiss
|
||
| Thursday, November 21, 2024 | ||
| 24 | 24
resp
Opposition
Thu 11/21 3:08 PM
Opposition to21 Motion to dismiss Plaintiffs' Complaint filed by All Plaintiffs.(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Letters of Authority,
|
||
|
Att: 2
Exhibit B - Report of Dr. Denis Kennedy,
|
||
|
Att: 3
Exhibit C - Admissions to Decedent's Incompetence
|
||
| Thursday, October 31, 2024 | ||
| 23 | 23
resp
Reply
Thu 10/31 10:47 AM
Reply in support of19 Motion to quash Plaintiffs' Subpoenas , Motion for sanctions filed by Kim Joseph, Michelle Silverstein.(Drechsler, David) |
|
|
Att: 1
Exhibit A - Email Communications,
|
||
|
Att: 2
Exhibit B - Correspondence to Plaintiffs' Counsel,
|
||
|
Att: 3
Exhibit C - Email Communications,
|
||
|
Att: 4
Exhibit D - Application to Probate Will,
|
||
|
Att: 5
Exhibit E - Application for Admission to Probate, Lost, Spoliated or Destroyed Will
|
||
| Monday, October 28, 2024 | ||
|
order
Order
Mon 10/28 8:34 AM
Order: [non-document] The Court is in receipt of Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1). (ECF No.21 ). Defendants' pending motion to quash and motion for sanctions (ECF No.19 ) are held in abeyance until the Court rules on the motion to dismiss. Judge Charles Esque Fleming on 10/28/2024. (S,SR) |
||
| Thursday, October 24, 2024 | ||
| 22 | 22
resp
Opposition
Thu 10/24 3:28 PM
Opposition to19 Motion to quash Plaintiffs' Subpoenas , Motion for sanctions filed by All Plaintiffs.(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Letters of Authority
|
||
| Wednesday, October 23, 2024 | ||
| 21 | 21
motion
Dismiss
Wed 10/23 9:09 AM
Motion to dismiss Plaintiffs' Complaint filed by Kim Joseph, Michelle Silverstein.(Drechsler, David) |
|
|
Att: 1
Brief in Support Memorandum in Support of Motion to Dismiss,
|
||
|
Att: 2
Exhibit A - First Amended Complaint,
|
||
|
Att: 3
Exhibit B - Judgment Entry,
|
||
|
Att: 4
Exhibit C - Notice of Appeal,
|
||
|
Att: 5
Exhibit D - Docket
|
||
| Thursday, October 17, 2024 | ||
| 20 | 20
notice
Report of Parties Planning Meeting (atty event)
Thu 10/17 12:45 PM
Report of Parties' Planning Meeting Report of Defendants Pursuant to Rule 26(f) - parties do not consent to this case being assigned to the magistrate judge, filed by Kim Joseph, Michelle Silverstein.(Drechsler, David) |
|
|
Att: 1
Exhibit A - Email Communications
|
||
| 19 | 19
motion
Quash
Thu 10/17 9:30 AM
Motion to quash Plaintiffs' Subpoenas and for Sanctions filed by Kim Joseph, Michelle Silverstein.(Drechsler, David) |
|
|
Att: 1
Exhibit A - Email Communications,
|
||
|
Att: 2
Exhibit B - Judgment Entry,
|
||
|
Att: 3
Exhibit C - Notice of Appeal
|
||
|
order
Order
Thu 10/17 2:02 PM
Order: [non-document] Before the Court is Defendants'19 Motion to quash Plaintiffs' Subpoenas and for Sanctions . Plaintiffs shall file a response by October 24, 2024. Judge Charles Esque Fleming on 10/17/2024. (S,SR) |
||
| Wednesday, October 16, 2024 | ||
| 18 | 18
service
Subpoena Returned Executed
Wed 10/16 1:41 PM
Subpoena Returned Executed; served upon Mrs. Redle on behalf of Custodian of Records c/o Stephen M. Redle by hand delivery via Process Server on 10/07/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| Tuesday, October 15, 2024 | ||
| 17 | 17
notice
Report of Parties Planning Meeting (atty event)
Tue 10/15 4:26 PM
Report of Parties' Planning Meeting of Plaintiffs - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Harvey, Michael) |
|
| Sunday, October 13, 2024 | ||
| 16 | 16
notice
Initial Disclosures (atty event)
Sun 10/13 6:01 PM
Initial Disclosures filed by All Plaintiffs. (Harvey, Michael) |
|
| Friday, October 11, 2024 | ||
| 15 | 15
service
Subpoena Returned Executed
Fri 10/11 6:03 PM
Subpoena Returned Executed; served upon Stephanie Gibson, SOP Intake Assoc at Corporate Service Company for Regions Bank by hand-delivery via Process Server on 10/08/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| Monday, October 07, 2024 | ||
| 14 | 14
service
Subpoena Returned Executed
Mon 10/07 5:32 PM
Subpoena Returned Executed; served upon Daylen Platt, SOP Intake Assoc at CT Corporation for Progressive by hand-delivery via Process Server on 10/04/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| Friday, October 04, 2024 | ||
| 13 | 13
service
Subpoena Returned Executed
Fri 10/04 6:34 PM
Subpoena Returned Executed; served upon Stephanie Gibson, SOP Intake Assoc at Corporation Service Co. for Western Reserve Medical Group, LLC by hand-delivery via Process Server on 10/03/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| 12 | 12
service
Subpoena Returned Executed
Fri 10/04 6:30 PM
Subpoena Returned Executed; served upon Stephanie Gibson, SOP Intake Assoc at Corporation Service Co for Scottsbridge Trading Company by hand-delivery via Process Server on 10/03/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| 11 | 11
service
Subpoena Returned Executed
Fri 10/04 6:22 PM
Subpoena Returned Executed; served upon Daylen Platt, SOP Intake Assoc at National Registered Agents, Inc. for Ernst & Young by hand-delivery via Process Server on 10/04/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| Thursday, October 03, 2024 | ||
| 10 | 10
service
Subpoena Returned Executed
Thu 10/03 4:32 PM
Subpoena Returned Executed; served upon Becky Utterback for Kathryn M. Williams, Esq. by Process Server on 10/01/24 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| 9 | 9
service
Subpoena Returned Executed
Thu 10/03 4:29 PM
Subpoena Returned Executed; served upon Lois Gregory of Meaden & Moore by Process Server on 10/01/24 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| 8 | 8
service
Subpoena Returned Executed
Thu 10/03 4:26 PM
Subpoena Returned Executed; served upon Denise Wilkens of JP Morgan by Process Server on 10/01/24 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| 7 | 7
service
Subpoena Returned Executed
Thu 10/03 4:23 PM
Subpoena Returned Executed; served upon Tracey Foyle of Absolute Pharmacy, Inc. by Process Server on 10/01/2024 filed on behalf of All Plaintiffs(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Duces Tecum
|
||
| Tuesday, September 24, 2024 | ||
| 6 | 6
notice
Notice (atty event)
Tue 09/24 6:44 PM
Notice of Filing filed by All Plaintiffs.(Harvey, Michael) |
|
|
Att: 1
Exhibit A - Letter on ESI
|
||
| 5 | 5
service
Waiver of Service Executed
Tue 09/24 3:35 PM
Waiver of Service Returned Executed by All Plaintiffs. Michelle Silverstein waiver sent on 9/9/2024, answer due 11/8/2024 filed on behalf of All Plaintiffs (Harvey, Michael) |
|
| 4 | 4
service
Waiver of Service Executed
Tue 09/24 3:34 PM
Waiver of Service Returned Executed by All Plaintiffs. Kim Joseph waiver sent on 9/9/2024, answer due 11/8/2024 filed on behalf of All Plaintiffs (Harvey, Michael) |
|
| Friday, September 06, 2024 | ||
| 3 | 3
oth_doc
Praecipe
Fri 09/06 3:16 PM
Praecipe for issuance of Original Summons filed by All Plaintiffs.(Harvey, Michael) |
|
|
Att: 1
Complaint
|
||
| Friday, August 16, 2024 | ||
| 2 | 2
oth_evt
Summons Issued
Fri 08/16 8:38 AM
Original Summons and Magistrate Consent Form issued to counsel for service upon Kim Joseph, Michelle Silverstein. (F,AW) |
|
|
Att: 1
Magistrate Consent Form
|
||
|
utility
Add and Terminate Judge
Fri 08/16 8:31 AM
Judge Charles Esque Fleming assigned to case. (F,AW) |
||
|
oth_evt
Random Assignment of Magistrate Judge
Fri 08/16 8:32 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Reuben J. Sheperd. (F,AW) |
||
| Thursday, August 15, 2024 | ||
| 1 | 1
53
pgs
cmp
Complaint
Thu 08/15 4:38 PM
Complaint with jury demand against Kimberly Joseph, Michelle Silverstein. Filing fee paid $ 405, Receipt number AOHNDC-12694540.. Filed by Allison Marie Deckman, Estate of William J. Deckman, c/o Michael P. Harvey, ESq., Administrator/W.W.A., Brian E McGrath, FBO Alec and Matthew Deckman, Alec Reed Deckman, Matthew Cole Deckman. (Harvey, Michael) |
|
|
Att: 1
Exhibit 1-Will of William John Deckman,
|
||
|
Att: 2
Exhibit 2-Caring Bridge Story,
|
||
|
Att: 3
Exhibit 3-Medical Examination Report dtd 4 20-2019
|
||
|
Att: 4
Exhibit 4-POA of Deckman dtd 4 15-2019
|
||
|
Att: 5
Exhibit 5-Genworth Beneficiary Designation Change,
|
||
|
Att: 6
Exhibit 6-Genworth Proof of Loss,
|
||
|
Att: 7
Exhibit 7-Genworth Check $502,202.32,
|
||
|
Att: 8
Exhibit 8-Entry Appointing Fiduciary; Letters of Authority,
|
||
|
Att: 9
Civil Cover Sheet,
|
||
|
Att: 10
Summons for Kim Joseph,
|
||
|
Att: 11
Summons for Michelle Silverstein
|
||