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Common Pleas Court Judges

Judge David T. Matia


Courtroom: 17-D
Fax: (216) 348-4037
Bailiff:

Colleen Gallagher
(216) 443-8695

Staff Attorney:

Cara A. Kozyk
(216) 443-5595

On Common Pleas Bench Since: 1999
Admitted to Bar: 1990 - Ohio; 1991 - Kentucky
Born: 1964
High School: St. Ignatius
College: Holy Cross College, Miami University, BS Bus., 1987
Law School: Case Western Reserve University, JD 1990

Legal Experience:


Solo practice 1994-1998; Jacobson, Maynard, Tuschman & Kalur 1990-1994.

Appointments:


Cuyahoga County Common Pleas Drug Court

Litigation Preferences

General

COVID-19 Update:

 

Discovery Deadlines and Court conferences

 

In accordance with the Ohio Supreme Court's Administrative Actions issued on March 27, 2020, (The Order) (http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2020/2020-Ohio-1166.pdf) all time requirements are tolled.

 

In accord with the spirit of The Order, any case management and/or discovery deadlines set prior to March 27th will be tolled until the order expires.  This means that all pleadings, discovery deadlines, dispositive motions, motion responses, expert deadlines, etc. that are due between March 9, 2020 and the lifting of this order are tolled.

 

All deadlines will resume once the order is lifted in accordance with the date the original deadline was set to expire. For example, if an expert report deadline is due 30 days after the effective date of this order, the deadline for the expert report will expire 30 days after the tolling order is lifted.  Continuances of expert deadlines will be freely granted upon the lifting of this order.  Any party seeking additional time must file a motion outlining the need for additional time.  All motions shall be filed prior to the expiration of the tolled deadline.

 

Parties may continue to file motions with the Court while recognizing response deadlines are tolled by this Order. The Court may conduct a telephone conference with counsel on any motions if requested by all parties or deemed necessary by this Court. Telephone conferences requested by counsel will only take places so long as they do not violate the stay-at-home order issued by Governor Mike DeWine.

 

The Court encourages the continuation of settlement efforts of civil cases during the pendency of The Order.  The Court is available to conduct settlement conferences via Zoom at the request of the parties.  To request a Zoom conference with the Court, contact staff attorney Cara Kozyk at 216-443-5595 or cakozyk@cuyahogacounty.us.

 

All CMCs scheduled after the issuance of this order are cancelled and will be reset upon the lifting of this order.

 

 

Punctuality and Preparedness on behalf counsel is required. Uses each court appearance to investigate potential settlement or ADR.

Pre-Trials

Parties filing a dispositive motion of any length, or a motion or pleading longer than 10 pages, excluding exhibits, shall deliver a courtesy copy to the courtroom or to the staff attorney.

Motion Practice

Staff Attorney conducts many CMSs; although, Judge does handle some. Judge handles all other court appearances, unless in trial. Deadlines, merits, damages and settlement are disclosed at CMC.

Discovery

Case specific. Generally orders that discovery be ongoing. Requires compliance with Loc. R. 21.

Settlement Conference

Considers each court appearance an opportunity to resolve case. Requires lead counsel, parties, and individual with settlement authority to be present. Out of state adjusters must be present. Expects counsel to know case!

Calendaring and Continuances

Motion by party is needed for all continuances unless medical emergency. Disputes over written discovery must be presented by motion. Court may hold hearing or status conference to resolve. Judge will take phone calls re: deposition objections.

Trials

Trial briefs not required unless parties feel it will assist the Court. Motions in limine will not be entertained unless filed and walked up to Judge ten days prior to trial. Requires witness list on morning of trial. Exhibits should be marked in advance. Copies of exhibits must be provided to Judge and opposing counsel. Copies of depositions used for impeachment must be provided to the Court. Juries take notes and can ask written questions. Counsel provided with opportunity to object to specific jury questions. Court conducts extensive voir dire. Counsel limited to 20 minutes. Entire panel is questioned. Preemptory challenges are exercised without further questioning of panel. Attorneys may speak to jury after verdict. Prefers counsel to stand while questioning witness. No speaking objections. Rules on videotape objections during trial. Requires counsel to review objections in advance of court's review.

Recent Opinions

Title Case Number
Barbara Leirvik v. David Selman 629204
Cuyahoga County Board of Commissioners v. Ohio, State of - ET AL 448900