RECEIVER JOHN COLLINS, et al. Appellees
ROBERT S. GEIGER, M.D., et al. Appellees and JAMES BRESSI Appellant
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV 2014 04 2198
M. WILSON, Attorney at Law, for Appellant.
C. PERDUK, Attorney at Law, for Appellees.
LAWRENCE J. SCANLON, Attorney at Law, for Appellees.
DECISION AND JOURNAL ENTRY
A. SCHAFER JUDGE
Appellant, James P. Bressi, appeals from the March 19, 2019
order of the Summit County Court of Common Pleas. For the
reasons that follow, this Court affirms.
This matter involves a lengthy and complicated procedural
history, much of which is not directly relevant to the issues
raised on appeal. We endeavor here to limit our discussion to
the portions of the record implicated by our analysis of the
assigned errors. The initial complaint, filed in this matter
on April 29, 2014, listed as plaintiffs James P. Bressi, D.O.
and Annette Consentino-Bressi, D.O. (collectively "the
Bressis"). In counts one and two of the complaint,
Bressi alleged that Summit Pain Specialists, Inc.-acting in
concert with Robert S. Geiger, M.D., Cheryl A. Patterson, and
Dean Rombach-breached a corporate buy-sell agreement and an
employment agreement. In count three, Bressi asserted a claim
against Geiger for breach of a 2010 promissory note. In the
fourth count of the complaint the Bressis jointly asserted a
claim against Summit Pain Specialists, Inc. and SPS I, LLC,
d/b/a Summit Medical Management Services for breach of a
promise for repayment of credit lines. The Bressis filed the
first amended complaint in October 2016, wherein Mr. Bressi
asserted a new claim for misappropriation of corporate assets
against an additional defendant, Richard Gould.
The trial court issued an order on January 9, 2017,
appointing John C. Collins as receiver "in this action
for the specific purpose of being the assignee of 
Bressi's rights and interest in Summit Pain Specialists,
Inc. along with certain specified rights to pursue his claims
in related litigation, including any claims that have yet to
be asserted." The order indicated that the parties
requested the appointment pursuant to a settlement agreement
that would also "resolve all of the remaining claims in
th[e] proceeding * * *." On that basis, Receiver Collins
was appointed as "non-operating" receiver with
limited powers and authority.
The appointing order authorized Receiver Collins "to be
the assignee to hold all rights and interest of
[Consentino-Bressi] for indemnification and other relief set
forth in [c]ount [f]our of the [first] [a]mended [c]omplaint
* * *." Further, Receiver Collins was authorized as
assignee to hold
all rights and interest of [Bressi] for his stockholder,
equity or other interest and claims in and to Summit Pain
Specialists, Inc. and to substitute himself, as [r]eceiver
for [Bressi] as and for the claims assigned to the [r]eceiver
herein for th[is] case currently pending in the Summit County
Court of Common Pleas identified as Case No. CV 2014-04-2198.
order further stated that Receiver Collins "shall be
substituted as the [p]laintiff in CV 2014- 04-2198" and
as plaintiff in the action, Receiver Collins "shall have
the capacity and standing to assert and pursue his claims set
forth therein and as he shall subsequently assert in any
amended pleadings." Receiver Collins promptly filed his
notice of acceptance of appointment as receiver, and counsel
for Receiver Collins filed a notice of appearance.
On January 10, 2017, Receiver Collins filed a motion for
substitution of parties. Referencing the order of appointment
and his acceptance of the appointment, Receiver Collins moved
to be substituted for the plaintiffs, Bressi and
Consentino-Bressi, on all claims stated in the complaint and
other claims to be stated. The trial court granted the
unopposed motion on February 8, 2017, substituting Receiver
Collins as the plaintiff in the action.
In December 2017, Receiver Collins, with leave of court,
filed the second amended complaint. The second amended
complaint added claims against attorneys Patrick K. Keating
and Robert A. Malone. Receiver Collins alleged their role in
facilitating or conspiring with others to unlawfully cancel
Bressi's shares of stock in Summit Pain Specialist, Inc.
and in misappropriating assets of Bressi and/or assets of
Summit Pain Specialists, Inc. in which Bressi had a
In the motion for leave to file the amended pleading,
Receiver Collins highlighted the differences between the
first amended complaint and the second amended complaint:
1. The Plaintiff is now reflective of the appointment of the
receivership eliminating James Bressi and substituting John
C. Collins as Receiver.
2. The former Defendant Summit Pain Specialists, Inc., has
been dropped from the prayer for damages and is named for
factual statements contained in the Complaint.
3. The former Defendants Robert Geiger and Cheryl Patterson
have been dropped from a claim for damages because they filed
a petition for bankruptcy, but their actions and conduct in
conjunction with others need to be considered in the
4. Allegations against Defendant Dean Rombach remain and are
expanded to include information that he obtained regarding
the cancelation of James Bressi's shares in Summit Pain
Specialists and the sole control of the corporation being
vested in Robert Geiger by and through the action and efforts
of the new Defendants, Patrick K. Keating and Robert A.
5. There are additional allegations against John and/or Jane
Doe and John Doe Corporations whose identities are yet to be
discovered since the file materials have just recently been
transmitted to counsel for Receiver John C. Collins.
On November 6, 2017, counsel for Bressi entered his notice of
appearance as counsel of record on behalf of "Plaintiff,
James Bressi." On January 15, 2018, despite the order
appointing Receiver Collins as assignee with the capacity and
standing to assert and pursue claims in this action and the
order substituting Receiver Collins as plaintiff, Bressi
sought leave to file an amended complaint. Specifically,
Bressi filed a motion pursuant to Civ.R. 15 seeking leave
"permitting the filing of an [a]mended [c]omplaint
[i]nstanter, in Mr. Bressi's individual capacity."
Although Receiver Collins had already been substituted in the
Bressis' place as plaintiff in this action, ...