Supreme Court of Ohio v. LoDico

OCR transcription for search; preserved printed pages are authoritative

The court incorporates by reference in this paragraph and adopts as the findings and orders
of this court the document set forth below.

Russ Kendig
United States Bankruptcy Judge

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO

EASTERN DIVISION
In re: )
) CHAPTER 7
STEVEN LEWIS LODICO, )
) CASE NO. 06-61174
Debtor. )
) ADV. NO. 09-6106
)
SUPREME COURT OF OHIO ) JUDGE RUSS KENDIG
)
Plaintiff, ) MEMORANDUM OF OPINION
) (NOT FOR PUBLICATION)
v. )
)
STEVEN LEWIS LODICO )
)
Defendant. )

On September 21, 2009, plaintiff filed the complaint that initiated this adversary
proceeding. As of January 7, 2010 the defendant has not responded to the complaint.

The Court has jurisdiction over this case pursuant to 28 U.S.C. § 1334 and the general
order of reference entered in this district on July 16, 1984. This proceeding is a core proceeding
under 28 U.S.C. § 157(b)(2)(A), (K) and (0).

This opinion is not intended for publication or citation. The availability of this opinion, in
electronic or printed form, is not the result of a direct submission by the Court.

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Federal Rule of Civil Procedure 55, which is made applicable to this proceeding through
Federal Rule of Bankruptcy Procedure 7055, states that “[w]hen a party against whom a
judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure
is shown by affidavit or otherwise, the clerk must enter the party’s default.” On December 15,
2009, the plaintiff filed a motion for summary judgment. In the motion, the plaintiff points out
that “[d]efendant has not filed any pleadings or otherwise appeared in this adversary proceeding.”

Therefore, default judgment is granted in favor of the Supreme Court of Ohio and against
Steven Lewis LoDico as follows:

Defendant’s obligation to Plaintiff arising from the case captioned as Disciplinary
Counsel v. Steven L. LoDico and designated as Case No. 04-2171 is found to be non-
dischargable pursuant to 11 U.S.C. § 523(a)(7) in the following amounts:

(a) $14,318.55 plus interest at the rate of 10% per annum accruing as of December
20, 2005 to present minus a credit of $31.99;

(b) $114.75 for publication costs plus 10% per annum accruing as of October 14,
2006;

(c) all collection costs assessed pursuant to O.R.C. § 131.02.

Because default judgment has been entered, the Supreme Court of Ohio’s motion for
summary judgment is moot, and is therefore denied.

An order will be entered simultaneously with this opinion.
# # A

Service List:

Supreme Court of Ohio

c/o Trish D. Lazich, AAG

Ohio Attorney General's Office
615 West Superior Ave., 11th flr
Cleveland, OH 44113

Steven Lewis LoDico

4601 Helmsworth NE
Canton, OH 44714

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Trish Lazich

Supreme Court of Ohio

Ohio Attorney General's Office
615 W Superior Ave, 11th Floor
Cleveland, OH 44113

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