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CASE NUMBER: 91-1528-EL-CSS
CASE DESCRIPTION: FRESHENS YOGURT (VS) TOLEDO EDISON
DOCUMENT SIGNED ON: 12/1/2020
DATE OF SERVICE: ________________________________________
07/29/2009 Confidential Release: Exhibit 19 to deposition of Linda Hagadine filed on 6/21/1993.
11/10/1994 Entry ordering that the complaint is dismissed with pre- judice. (1 pg.)
10/11/1994 Notice of Dismissal filed on behalf of Toledo Edison Company by M. Regulinski. (2 pgs.)
04/01/1994 Proof of Publication filed. (Lucas County)
03/25/1994 Transcript filed for hearing held 3/22/94, (RB), 5 pgs., Con't.
03/18/1994 Entry ordering that the hearing scheduled for 3/22/94 be called and continued until 4/11/94 at 10:00 a.m. at the Commission offices. (AE)
03/17/1994 Application for subpoenas for the following persons, filed on behalf of Toledo Premium Yogurt, Inc. by R. Bauch: 1. Carol Driscoll 2. Michael Brooks
03/14/1994 Entry denying complainant's motion for determination of the questions of law without holding an evidentiary hearing; denying respondent's motion to dismiss Counts I, IV, and V of the amended complaint; that the parties' respective motions to continue the hearing of this case are denied; that Reva S. Bauch and George R. Smith, Jr. be respectively designated as additional counsel and trial attorney of record for complainant. (AE)
03/04/1994 Memorandum in support of complainant's alternative motion for a continuance, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
03/04/1994 Reply to complainant's brief in opposition to Toledo Edison's motion to dismiss, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
03/04/1994 Surreply filed on behalf of respondent, Toledo Edison, by M. Regulinski.
02/28/1994 Legal Notice sent out to: The Blade (Lucas Co.) Certified Mail.
02/25/1994 Reply to Toledo Edison's memorandum contra to complainant's motion for determination of questions of law without the need for an evidentiary hearing; brief in opposition to Toledo Edison's second motion to dismiss; and proof of service filed on behalf of complainant by R. Bauch.
02/25/1994 Motion for expedited ruling or, in the alternative, for continuance of the hearing date filed on behalf of com- plainant by G. Smith, Jr.
02/23/1994 Entry ordering that the Secretary of the Commission cause the notice of hearing to be published as set forth in Finding 3. (AE)
02/18/1994 Motion to dismiss and memorandum in support filed on behalf of respondent, Toledo Edison, by M. Regulinski.
02/18/1994 Memorandum contra complainant's motion for determination of questions of law without need for an evidentiary hear- ing, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
02/01/1994 Complainant's motion for determination of the questions of law without the need for an evidentiary hearing; complainant's brief in support of its motion for determina- tion of the questions of law without the need for an evidentiary hearing; and proof of service, filed by R. Bauch.
02/01/1994 Notice of filing depositions filed on behalf of complainant by G. Smith, Jr.
02/01/1994 Deposition of Charles V. Fullem, a witness herein, called by the plaintiff on 10/13/93.
02/01/1994 Continuation of the deposition of Terry L. Meyer, a witness herein, called by the plaintiff on 11/5/93.
02/01/1994 Deposition of Terry L. Meyer, a witness here, called by the Plaintiff on 10/12/93.
01/31/1994 Attachments to Toledo Edison's proposed statement of facts filed by M. Regulinski.
01/31/1994 Deposition of David J. Pell filed on behalf of respondent, Toledo Edison, by M. Resulinski.
01/28/1994 Joint stipulation of facts filed on behalf of complainant by G. Smith, Jr. and R. Bauch, and respondent, Toledo Edison Co., by M. Regulinski.
01/28/1994 Proposed statement of facts filed on behalf of respondent, Toledo Edison Co., by M. Regulinski.
01/12/1994 Motion in support of the appearance of Reva S. Bauch as additional counsel for the complainants, filed by G. Smith, Jr.
12/06/1993 Return of service copy for fifteen deposition subpoenas filed on behalf of complainant by G. Smith, Jr.
11/19/1993 Letter to George R. Smith, Jr. regarding the subpoenas requested, filed by R. Bulgrin, PUCO staff.
11/19/1993 Entry granting complainant's motion for the issuance of deposition subpoenas; scheduling a hearing on 3/22/94; all direct testimony should be prefiled by 3/17/94. (AE)
11/08/1993 Re-notice of records; and deposition subpoenas for the following persons, filed on behalf of complainant by G. Smith, Jr.: 1. Doug Isherwood, Stride Rite 2. Lenny Mitchell, Darryl's Ice Cream and Yogurt 3. Jeff Bell, Leather Ltd. 4. Deborah Morris, Perfect Playhouse 5. Charles Farias, Easy Day Dreams/Balloons & More 6. Custodian of Records, American Multi-Cinema dba North Towne Cinemas 7. Chuck Jones, H. C. Jones of Speede, Inc. dba McDonald's Restaurant 8. Custodian of Records, Pizza Milano II, Inc. 9. Custodian of Records, Lincoln Group dba Olga's Kitchen 10. Dennis Nietz, dba Chik-Fil-A 11. Mike Brooks, Sarbrook, Inc. dba Little Ceasars 12. Kyrakos Kyraikou, Lafayette Foods, Inc. dba Coney Island 13. Custodian of Records, Hot Sam Companies Incorporated 14. Kim Ross, Nidy Enterprises, Inc. 15. Ollie Rahal
10/08/1993 Supreme Court Case No. 93-10 returned. (Vol 1 of 1)
10/07/1993 Memorandum contra motion for issuance of deposition sub- poenas and alternative motion to quash, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
09/22/1993 Entry denying complainant's motion to certify its inter- lucotory appeal and application for review; that the parties take all actions in compliance with Finding 7. (AE)
09/22/1993 Motion for issuance of deposition subpoenas and notice of records deposition filed on behalf of complainant by G. Smith, Jr.
09/17/1993 Separate certificate of service of complainant's supple- mental answer to interrogatory No. 4 - Third set, filed by G. Smith, Jr.
08/17/1993 Proposed motion filed on behalf of complainant by G. Smith, Jr.
08/17/1993 Motion for enlargement of time to submit proposed state- ment or stipulation of facts filed on behalf of complain- ant by G. Smith, Jr.
08/16/1993 Memorandum contra complainant's motion to certify inter- locutory appeal/application for review, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
08/10/1993 Application for review/interlocutory appeal and memorandum in support filed on behalf of complainant by G. Smith, Jr.
08/10/1993 Motion to certify interlocutory appeal filed on behalf of complainant by G. Smith, Jr.
08/05/1993 Entry ordering that respondent's motion to compel discovery is granted as set forth in Finding 8; that respondent's motion for protective orders is granted in part and denied in part as set forth in Findings 8, 10, and 11; that com- plainant's motion for the inssuance of a deposition subpoena upon Craig Smith is denied; that complainant's motion to depose Charles Fullem is granted as set forth in Finding 9; that complainant's motion to compel discovery is granted in part and denied in part as set forth in Findings 8 through 11; that the parties submit, by August 31, 1993, a proposed statement of facts as set forth in Finding 12; that the parties comply with all directives set forth in Findings 7 through 13; scheduling a prehearing conference at 10:00 a.m. on 9/2/93 at the Commission offices. (AE)
07/12/1993 Reply to brief in opposition to motion to compel discovery and issuance of a deposition subpoena, filed on behalf of complainant by G. Smith, Jr.
07/06/1993 Supplemental memorandum filed on behalf of complainant by G. Smith, Jr.
07/06/1993 Brief in opposition to the motion to compel discovery and issuance of a deposition subpoena, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
06/28/1993 Respondent's reply to the memorandum contra submitted by complainant, filed by M. Regulinski.
06/22/1993 Deposition of William D. Begin filed on behalf of com- plainant by G. Smith, Jr. (FILED 6/21/93)
06/21/1993 Exhibit 19, deposition of Linda Hagadone, filed. (FILED UNDER SEAL)
06/21/1993 Notice of filing depositions, filed on behalf of complainant by G. Smith, Jr.
06/21/1993 Memorandum in opposition to Toledo Edison's motion for protective order, filed on behalf of complainant by G. Smith, Jr.
06/21/1993 Memorandum in opposition to motion to compel, filed on behalf of complainant by G. Smith, Jr.
06/21/1993 Motion to compel discovery filed on behalf of complainant by G. Smith, Jr.
06/21/1993 Motion for issuance of deposition subpoena filed on behalf of complainant by G. Smith, Jr.
06/08/1993 Motion for protective order and motion to compel discovery and memorandums in support, filed on behalf of respondent, Toledo Edison, by M. Regulinski.
05/19/1993 Response letter and copy of tariff to George R. Smith, Jr. filed by R. Bulgrin, PUCO staff.
05/13/1993 Notice of deposition duces tecum filed on behalf of complainant by G. Smith, Jr.
05/03/1993 Separate certificate of service of complainant's supple- mental answers and responses to requests for production of documents and interrogatories - third set, filed by G. Smith, Jr.
04/26/1993 Separate certificate of service of complainant's third set of interrogatories, request for admission and request for production of documents directed to defendant Toledo Edison Company filed by G. Smith.
04/14/1993 Letter requesting information, filed on behalf of complainant by G. Smith, Jr.
04/12/1993 Separate certificate of service of complainant's answers and responses to request for production of documents and interogatories-third set filed on behalf of the complainant by G. Smith.
02/03/1993 Supreme Court transmittal papers. (S.C. #93-10)
02/02/1993 Toledo Preminum Yogurt did not file a notice of appeal with the Commission. The Docketing Division learned only very recently that a notice of appeal was filed with the Ohio Supreme Court on January 4, 1993. The Docketing Division transmitted the original papers to the Ohio Supreme Court on February 3, 1993, as per the Commission Attorney General.
11/05/1992 Entry denying the application for rehearing of Toledo Premium Yogurt, Inc., dba Freshens Yogurt.
10/28/1992 Transcript for hearing held October 15, 1992, (RB) 9 pages, Continued.
10/26/1992 Memorandum contra complainant's application for rehearing, filed on behalf of New Towne Mall Company, New Town Developers, and M.S. Management Associates dba Simon Management Co. by B. Royer.
10/15/1992 Application for rehearing filed on behalf of complainant by G. Smith, Jr.
09/17/1992 Entry dismissing New Towne Mall Co., New Towne Developers, and M.S. Management, Inc. dba Simon Management Co. as respondents; denying Toledo Edison's motion to dismiss; denying Freshens Yogurt's motion to compel discovery; denying motions for protective orders and scheduling a prehearing conference on Thursday 10/15/92 at 10:00 a.m. at the offices of the Commission.
08/25/1992 Motion for leave to file statement of additional authority and memorandum in support filed on behalf of New Towne Mall Company, New Towne Developers, and M.S. Management Associates, Inc. dba Simon Management Company by B. Royer.
08/04/1992 Reply memorandum in support of jurisdiction, filed on behalf of complainant by G. Smith.
07/31/1992 Motion for and memorandum in support of protective order and memorandum contra complainant's motion to compel discovery filed on behalf of the complainant by B. Royer.
07/22/1992 Motion for protective order and memorandum in support filed on behalf of respondent, Toledo Edison, by C. Smith.
07/16/1992 Reply memorandum filed on behalf of respondent, Toledo Edison, by M. Regulinski.
07/16/1992 Motion to compel discovery, notice of deposition and duces tecum, and motion for issuance of deposition subpoenas, and memorandum in support filed on behalf of complainant by G. Smith, Jr.
07/16/1992 Reply to complainant's memorandum in support of jurisdic- tion, filed on behalf of New Towne Mall Company, New Towne Developers, and M.S. Management Associates, Inc. dba Simon Management Company by B. Royer.
07/08/1992 Memorandum in support of jurisdiction filed on behalf of complainant by G. Smith, Jr.
07/06/1992 Motion to dismiss and memorandum in support filed on behalf of respondent, Toledo Edison, by M. Regulinski.
07/06/1992 Motion to dismiss and memorandum in support filed on behalf of New Towne Mall Company, New Towne Developers, and M.S. Management Associates, Inc. dba Simon Manage- ment Company by B. Royer.
07/01/1992 Entry ordering that all parties are granted until July 6, 1992 to respond to the May 22, 1992 entry; that all reply memoranda be filed by 7/16/92. (AE)
06/17/1992 Motion for extension of time and request for an expedited ruling filed on behalf of New Towne Mall Company, New Towne Developers, and M.S. Management Associates, Inc., dba Simon Management Company by B. Royer.
05/22/1992 Entry ordering that New Towne Mall Company, New Towne Developers, and M.S. Management, Inc. dba Simor Mana- gement Company be joined as respondents to this pro- ceeding; that a copy of the amended complaint be served upon them and that they be granted 30 days from the date of this entry to file an answer; that all parties file memoranda and reply memoranda in accordance with Finding 9. (AE)
02/10/1992 Answer to first amended complaint filed on behalf of respondent, Toledo Edison, by C. Smith.
01/15/1992 Motion and memorandum in support by the Toledo Edison Company for time extension to respond to amended complaint and to second set of discovery, including request for admissions filed by C. Smith.
01/08/1992 Second set of interrogatories, request for admission and request for production of documents directed to respondent, Toledo Edison, filed on behalf of complainant by G. Smith, Jr.
01/08/1992 First motion for leave to amend complaint; memorandum in support and complainant's second set of interrogatories, request for admission and request for production of documents directed to respondent, Toledo Edison, filed on behalf of complainant by G. Smith, Jr.
11/25/1991 Entry of appearance as counsel of record, filed on behalf of complainant by G. Smith, Jr.
09/12/1991 Answer filed on behalf of respondent, Toledo Edison Company, by C. Smith.
09/11/1991 Entry granting respondent until 9/12/91 to file an answer or other responsive pleading to the complaint. (AE)
08/29/1991 Motion and memorandum in support for time extension to file response, filed on behalf of respondent, Toledo Edison, by C. Smith.
08/19/1991 Complaint letter and copy of complaint mailed to: Toledo Edison Company, office of the president.
08/16/1991 In the matter of the complaint of Toledo Premium Yogurt, Inc. dba Freshens Yogurt, an Ohio corporation by its president, David Pell (vs) Toledo Edison Company relative to the alleged unjust and unlawful billing by landlord, M.S. Management.