Common Pleas Court Judges

Initial Case Management Conferences (“CMCs”) are auto-scheduled approximately 55 days from the date of filing for a time within a few weeks from the auto-scheduling date.  The CMC will be conducted by phone with the Court’s Staff Attorney, unless the parties request it be held by Judge Russo.  However, the initial Case Management Conference for Commercial Docket cases will be conducted in-person with Judge Russo.

Mandatory Certification Regarding Generative Artificial Intelligence

All attorneys and pro se litigants appearing before the Court must, together with their notice of appearance, file on the docket a certificate attesting either that no portion of any filing will be drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence will be checked for accuracy, using print reporters or traditional legal databases, by a human being.  Accordingly, the Court will strike any filing from a party who fails to file a certificate on the docket attesting that they have read the Court’s judge-specific requirements and understand that they will be held responsible under Rule 11 for the contents of any filing that they sign and submit to the Court, regardless of whether generative artificial intelligence drafted any portion of that filing. 

Judge Russo requires all parties to file the following certificate regarding the usage of generative artificial intelligence by the initial case management conference. (click here for PDF)

Civil Docket Case Management

The Court expects to move its docket quickly and efficiently with the goal of disposing of all cases within the Ohio Supreme Court’s Rules of Superintendence Guidelines.  Attorneys should be prepared to discuss settlement at the earliest opportunity.

Mediation and arbitration will be used in cases where it is appropriate. In cases that are appropriate for mediation, this Court will handle the matter unless otherwise agreed upon by the parties for a referral to Mediation.

With respect to cases filed on the Court's Civil Docket, the Court notes that any case identified as qualifying under Sup.R. 49.05 as a Commercial Docket Case “shall” be sua sponte referred to the Administrative Judge pursuant to Sup.R. 49.07. The Court finds that the uniform and consistent application of this rule dually serves both to reinforce the intent of the rules and to support the purpose of the Commercial Docket. The Court notes that Sup.R. 49.08 governs the review of a transfer to the Commercial Docket.

Judge Russo will attempt to handle all Pretrials. The Judge will use Telephone Conference at the Court's discretion.  A Pretrial may be set in-person at the request of the parties.  All attorneys should be prepared to discuss deadlines, motions, and settlement to help facilitate the resolve of a case.

Case Management Conferences

All CMCs are held by telephone, unless otherwise requested. Plaintiff's counsel is to initiate the telephone conference to Defendant's counsel and then to Judge Russo’s Staff Attorney at 216-443-8588. Requests for production of documents and interrogatories must be served prior to the Case Management Conference, as well as the Certificate regarding Generative Artificial Intelligence (click here for PDF). The Court shall set a discovery schedule and Trial schedule during the CMCs. This Court follows the Cleveland Metropolitan Bar Association's endorsed Civil Case Management Order designed to provide civil litigants with timely rulings on motions, access to the Court for legal argument upon request, and the highest degree of Trial date certainty. For a printable copy of the Order, please click here: CLEVELAND METROPOLITAN BAR ASSOCIATION ENDORSED CASE MANAGEMENT ORDER

Final Pre-Trials

Judge Russo will attempt to handle all Final Pretrials. Clients or individuals with full settlement authority are required to be present at Final Pretrials. Attorneys for all parties shall converse prior to the Final Pretrial regarding the case status. Judge Russo utilizes the settlement process outlined in the following link:  SETTLEMENT PROCESS

Attorneys are to make all reasonable efforts to settle discovery disputes amongst the parties. Prior to any party filing any Discovery Motion, the parties shall contact Judge Russo’s Staff Attorney to set an Attorney Conference either via telephone or in-person with the Court as soon as possible.

Settlement Conferences are set at the CMC at the earliest point in the Trial schedule or at the request of the parties if the parties believe a resolve may be possible. Judge Russo will attempt to handle all Settlement Conferences. Parties are required to be present if the attorneys believe there is a possibility that the Court may be able to resolve the case. Parties may be available by phone if all attorneys agree that the case is not ripe for settlement negotiations. Attorneys for all parties shall converse prior to the Settlement Conference regarding case status so that all parties have the same expectations for the Settlement Conference. If the parties believe settlement is not possible prior to the Settlement Conference, please contact Judge Russo’s Staff Attorney to cancel the Settlement Conference instead of coming to Court. Judge Russo utilizes the settlement process outlined in the following link:  SETTLEMENT PROCESS  Please review this process prior to attending a Settlement Conference with Judge Russo.

Continuances of discovery deadlines or court events without Court consent shall be permitted as long as (1) all the parties agree and (2) the extension does not interfere with the Trial date.

In accordance with Civ.R. 6, the Court orders that any Motion in Limine is to be filed at least 28 days before Trial.  Any Brief in Opposition is due 14 days thereafter.  No Reply shall be permitted.

The Court additionally orders that at least 14 days prior to Trial, the parties are to file the following: (1) Trial Briefs, (2) Witness Lists, (3) Exhibit Lists, (4) Joint Jury Instructions, Jury Interrogatories, and /or Jury Verdict Forms if applicable, (5) Stipulations, and (6) an agreed upon State of the Case to be read to the Jury.

Jury Instructions, Interrogatories, Verdict Forms = With respect to Jury Instructions, Jury Interrogatories, and Jury Verdict Forms, the Parties are to provide the Court with one consolidated set of Instructions/Interrogatories/Verdict Forms that includes all the Instructions/Interrogatories/Verdict Forms to which the Parties agree and that identifies all the Instructions/Interrogatories/Verdict Forms to which the Parties disagree.  A courtesy copy of the Parties’ Instructions/Interrogatories/Verdict Forms in a Word format should be emailed to the Court’s Staff Attorney.

Motion Practice

Please review the Court’s preferences and practices regarding the following Motions.

Discovery Motions

In accordance with the Court’s Discovery practices, the parties are to contact Judge Russo’s Staff Attorney prior to the filing of any Discovery Motion to set the matter for an Attorney Conference either via telephone or in-person with the Court as soon as possible.

Motions for Default Judgment

When provided by Civ.R. 55, the Plaintiff may file a Motion for Default Judgment and provide to the Court the following documents: (1) the contract(s), assignment(s), account statement(s), or written instrument(s) upon which Plaintiff seeks judgment; (2) an affidavit of service of the Complaint; (3) an affidavit of damages; (4) a military affidavit; and (5) a proposed judgment entry. Evidence of damages, such as bills or account statements, must be included in the file before default judgment can be rendered. If all the required documents are provided to the Court, the Court shall rule on the Motion without setting the matter for a hearing. If damages are unliquidated, the case may be set for a hearing in which to assess damages.

Motions for Summary Judgment

Pursuant to Civ.R. 6, a Brief in Opposition is due 28 days after the filing of a Motion for Summary Judgment. A Reply Brief is due 7 days after the filing of a Brief in Opposition.  An oral hearing on the Motion is available upon request. The Court shall make all attempts to issue a ruling on the Motion prior to the Final Pretrial. The ruling will be made on the docket unless other arrangements have been made by the parties with the Court.

Motions in Limine

Pursuant to Civ.R. 6, the Court orders that any Motion in Limine is to be filed at least 28 days before Trial.  Any Brief in Opposition is due 14 days thereafter.  No Reply shall be permitted.

Any Motions other than a Motion for Summary Judgment or a Motion in Limine

Pursuant to Civ.R. 6, a Brief in Opposition is due 14 days after the filing of a Motion. A Reply Brief is due 7 days after the filing of a Brief in Opposition. 

Foreclosures, Quiet Titles, and Partitions

Cases to quiet title, for partition and for foreclosure are referred to the Magistrate’s Department pursuant to Civ.R. 53. A case management conference will be conducted by the assigned Magistrate in foreclosure cases filed by non-regular attorneys, cases to quiet title and partition cases. No case management conference will be conducted in foreclosure cases filed by regular foreclosure attorneys unless requested by parties upon written motion. Pre-trials will be conducted by the assigned Magistrate on contested cases. Hearings will be conducted by the assigned Magistrate on all motions for default judgment. Plaintiffs to perfect service of process in compliance with Civ. R. 4(E) and properly commence cases pursuant to Civ. R. 3. Plaintiffs to file title work in compliance with Local Rule 24. If, at any time during the proceedings, the parties believe that a resolution may be possible, upon written motion, the Court may set the case for either a settlement conference or refer the case to mediation. All motions, pleadings, and filings are to be filed, docketed and taken to the Magistrate's Department.