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Common Pleas Court Judges

Judge Timothy W. Clary

Courtroom: 18-B
Fax: (216) 348-4037

Diane Jackson
(216) 443-8757

Staff Attorney:

Dominic Candela

(216) 443-8591

On Common Pleas Bench Since: 2024
Admitted to Bar: 2011
High School: Saint Ignatius High School
College: John Carroll University, 2006
Law School: Cleveland State University College of Law, 2011

Legal Experience:

Judge Clary served as an assistant public defender in the Cuyahoga County Public Defender's Office and an assistant prosecuting attorney in the Cuyahoga County Prosecutor's Office. He began his law career as a law clerk for the Law Offices of Climaco, Wilcox, Peca, Tarantino & Garofoli Co. in Cleveland before becoming an associate attorney at the law firm.

Litigation Preferences


All court dates may be conducted in person, by telephone, or by videoconference unless otherwise ordered by the court. The parties to litigation are always welcome to attend any court date. Please arrange with the staff attorney for your client to attend or to change the format of the court date.

The court will be knowledgeable about the case and be prepared to discuss all aspects of the case at any court date; the same is expected from counsel. Pro se litigants are presumed to know the law and correct procedure and will be held to the same standard as a licensed attorney, pursuant to Ohio law. ADR is encouraged by the court when appropriate.



The parties must notify the staff attorney upon the filing of any motion for a TRO in order for the court to promptly set the appropriate hearing or pre-trial. When appropriate, counsel is to make every effort to resolve the dispute or contact the opposing party or its counsel prior to appearing at the court. If both parties have notice of the filing of the motion for a TRO, the first hearing will be considered a preliminary injunction absent an agreement between the parties.




The parties generally are not required to participate in any pre‑trial, although they are always welcome. Counsel may request an order requiring the attendance of any party at any court date. Any court date or deadline may be reset by contacting the staff attorney with three mutually‑agreeable alternative dates; a motion is not required unless the parties do not agree to the continuance. Pre‑trial statements are not required; however, a final pre‑trial statement must be filed with or provided to the court in advance of the final pre‑trial.

Case Management Timelines

This court adheres to the time guidelines mandated by the Supreme Court of Ohio for case management. With rare exception, the court expects the parties to diligently litigate their case within the time proscribed. Should unexpected delays occur, upon agreement of all parties and for good cause, the court will stay litigation to give counsel the necessary time to address the cause of the delay.

Motion Practice

Oral hearing on any motion may be requested; the Court may also set oral hearings on motions at its discretion. All motions for summary judgment must be supported by competent, admissible evidence as contemplated by the Civil Rules of Procedure. Objections and replies to motions for summary judgment are to be filed pursuant to Civ. R. 56.

The Court allows a 28-day period for objections, and 7-day period for replies to all other dispositive motions, similar to the briefing schedule of a motion for summary judgment. Otherwise, the court adheres to the time requirements in Civ. R. 6. When requesting leave to file any motion or other document instanter, the subject filing of the motion for leave must be filed and docketed separately from the motion itself or it will not be considered by the Court.


Discovery deadlines may be extended with permission of the court. It is preferred that disputes are resolved by the parties. The parties should notify the court immediately by telephone or e‑mail of any discovery dispute that cannot be resolved, including those that occur during deposition. Lengthy briefing concerning discovery disputes is disfavored.

Settlement Conference

The court encourages settlement negotiations at final pre-trials and will set an additional settlement conference upon request of the parties. The parties should contact the staff attorney in advance to determine the best method by which to conduct the final pre-trial. Lead counsel must participate in any settlement conference and the final pre-trial. If lead counsel does not have settlement authority, the parties must be available by phone or videoconference or be present in person at the settlement conference. Counsel, clients, and adjusters who reside out of town may participate by phone or videoconference unless required to attend pursuant to Court order. A statement of the case, similar to a final pre-trial statement, must be filed with or provided to the Court in advance of the settlement conference.

Calendaring and Continuances

If all parties agree that any pre‑trial, settlement conference, or court deadline should be reset, a motion is not needed. The parties may contact the staff attorney with three mutually‑agreeable alternative dates. If the parties dispute the need to reset a court date or deadline, a motion must be filed. Continuances of trial will not be considered without a filed motion, pursuant to requirements by the Supreme Court of Ohio.


The court will start jury trial on any day, and generally begins at 10:00 a.m. when a jury panel becomes available. Trial briefs; joint jury instructions; verdict forms agreed upon by counsel; witness lists; exhibit lists; and motions in limine are to be filed and copies delivered to the courtroom or staff attorney at least three weeks prior to trial. Prior to the start of jury selection, the parties are to deliver to the Court or the staff attorney a brief agreed-to statement of the case to be read to the prospective jurors as contemplated by Civ.R. 47(A). The parties may request a hearing prior to trial to discuss additional issues or argue the motions in limine.

The court prefers to set bench trials on Thursdays, and generally begins at 10:00 a.m. Multiple trial dates may be set to accommodate a longer bench trial.

The court sets back-up trial dates for more complex cases, or when scheduling difficulties may arise because of the court’s or litigants’ schedules.

Recent Opinions

Title Case Number
Cleveland Police Patrolmen's Association v. City of Cleveland 440137
Carter, et al. v. NextHome, Inc. 546514
State of Ohio v. Brooks 172340(CR)
Oakwood Club v. Kinney Golf Course Design 484139
RPM, Inc v. Chubb Custom Insurance 578004
Daily v. American Family Insurance Co. 588252
Bennett v. Cashel Management Co. 437548
Storer v. Keycorp 617046
State of Ohio vs William Sanders 543454
State of Ohio v. Payne 570843(CR)
State of Ohio v. Payne 570843(CR)
State of Ohio v. Enger Tejeda 371948(CR)
Tanio v. Ultimate Wash of Maple Heights 744491
Garver v. Aquatice Amusement Associates 360749
State of Ohio v. Raeshawn Porter 466388
Broadview Multi-Care Center v. Meade 484523
Sarfi v Village of Woodmere 492859
Delduco v. Adams 593403
State of Ohio v. Castro 575419(CR)
Cleveland Police Patrolmen's Association v. City of Cleveland 440137
State of Ohio v. Robert Falor 521238 (CR)
State of Ohio v. David D Austin 602549-A (CR)
State of Ohio v. Rufus Jackson 605802-A (CR)
State of Ohio v. Roderick Stewart 637045-A (CR)
Cleveland Police Patrolmen's Association v. City of Cleveland 833934
Preston Tucker v. American Fidelity Life Insurance Co. 867652
City of Cleveland v. State of Ohio 868008
State Ex Rel OC Lorain Fulton, LV v. City of Cleveland 871515
State Ex Rel OC Lorain Fulton, LP v. City of Cleveland 871515
Direct Consulting Associates, LCC v. Hannah Kessler 871922
Amazing Tickets, ET AL v. City of Cleveland, ET AL 878348
International Brotherhood of Teamsters v. Emanuel Sheppard, ET AL 879543