Lackey v. Medina County Society for the Prevention of Cruelty to Animals, Inc., et al.
Plaintiff: Kay Lackey
Defendant: Medina County Society for the Prevention of Cruelty to Animals, Inc., Tracy Miller, Rachel Batten, Karlie Miller and Does 1-10
Case Number: 1:2023cv00385
Filed: February 27, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: David A Ruiz
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2023 Opinion or Order Filing 27 Order granting #22 Joint Motion to stay. Pursuant to Younger v. Harris, 401 U.S. 37 (1971), proceedings in this action are stayed pending further order of this Court. Plaintiff's counsel shall notify the Court upon the final resolution, including any appellate proceedings, in State of Ohio v. Kay Lackey, Medina Municipal Court Case No. 23-CRB-00271. Defendants shall have 30 days following the reinstatement of proceedings in which to move or plead in response to Plaintiff's Complaint. Judge David A. Ruiz on 3/24/2023. (G,CA)
March 23, 2023 Filing 26 Return of Service by U.S. Marshal by FedEx executed upon Medina County Society for the Prevention of Cruelty to Animals, Inc. on 3/21/2023, filed on behalf of Kay Lackey. Related document(s) #10 . (Mc,K)
March 23, 2023 Filing 25 Return of Service by U.S. Marshal by FedEx executed upon Karlie Miller on 3/21/2023, filed on behalf of Kay Lackey. Related document(s) #11 . (Mc,K)
March 23, 2023 Filing 24 Return of Service by U.S. Marshal by FedEx executed upon Rachel Batten on 3/21/2023, filed on behalf of Kay Lackey. Related document(s) #13 . (Mc,K)
March 23, 2023 Filing 23 Return of Service by U.S. Marshal by FedEx executed upon Tracy Miller on 3/21/2023, filed on behalf of Kay Lackey. Related document(s) #12 . (Mc,K)
March 21, 2023 Filing 22 Joint Motion to stay filed by Rachel Batten, Does 1-10, Medina County Society for the Prevention of Cruelty to Animals, Inc., Karlie Miller, Tracy Miller. (Attachments: #1 Exhibit Proposed Stipulated Order)(Anderson, Kurt)
March 21, 2023 Filing 21 Waiver of Service Returned Executed by All Defendants. All Defendants filed on behalf of All Defendants (Anderson, Kurt)
March 17, 2023 Filing 20 Attorney Appearance by Kurt D. Anderson filed by on behalf of All Defendants. (Anderson, Kurt)
March 17, 2023 Filing 19 Brief on the matter of Younger Abstention filed by All Plaintiffs. Related document(s) #18 . (Attachments: #1 Affidavit /Declaration of Kay Lackey) (Huth, Michela)
March 14, 2023 Opinion or Order Order [non-document]: Plaintiff's motion for injunctive relief (R. #5 ) is denied without prejudice based on the Younger abstention doctrine, for the reasons further explained on the record during the hearing on 3/10/2023. Judge David A. Ruiz on 3/14/2023. (G,CA)
March 10, 2023 Opinion or Order Filing 18 Minute Order. The Court held a video conference hearing on 3/10/2023, regarding Plaintiff's amended motion for an emergency ex parte Temporary Restraining Order (R. #16 ), and Plaintiff's motions for recusal (R. #8 , #9 ). The Court denied the motions to recuse, explaining that the motions lack factual, evidentiary, and legal support as set forth on the record. The Court denied the motion for a Temporary Restraining Order, as set forth on the record, finding that Younger abstention was proper due to the existence of a pending Ohio state court criminal case against the Plaintiff that involves the same or related issues as the Complaint and pending motion. The Court has taken under advisement the oral request from Plaintiff's counsel that the case be stayed until the conclusion of Plaintiff's criminal case rather than dismiss this case without prejudice. As agreed to by Plaintiff's counsel during the hearing, Plaintiff shall file a brief on that issue by 3/17/2023. Judge David A. Ruiz on 3/10/2023. (Court Reporter: S. Perkins) Time: 1hour, 10 minutes (G,CA)
March 10, 2023 Opinion or Order Order [non-document] denying as moot Plaintiff's #15 Motion for Temporary Restraining Order. Judge David A. Ruiz on 3/10/2023. (G,CA)
March 10, 2023 Filing 17 Notice regarding unavailability of Lead Counsel for March 10, hearing to be held by Zoom filed by Kay Lackey. (Huth, Michela)
March 10, 2023 IMPORTANT: Notice [non-document]: The Court is resetting the Motion hearing set for 3/10/2023 at 10:00 AM, based on plaintiff's counsel's request. Motion Hearing is reset for 3/10/2023 at 01:00 PM until 2:00 PM to be held by video conference (Cleveland) before Judge David A. Ruiz. (G,CA)
March 10, 2023 IMPORTANT: Notice [non-document] of Motion Hearing set for 3/10/2023 at 10:00 AM will be held by video conference (Cleveland) before Judge David A. Ruiz. (G,CA)
March 9, 2023 Filing 16 Emergency Amended Motion for Temporary Restraining Order filed by Plaintiff Kay Lackey. (Related document(s) #15 ). (Attachments: #1 Memorandum in Support, #2 65(b)(1) Certfication, #3 Declaration Hayes, #4 Declaration Lackey, #5 Declaration Scherz, #6 Declaration Dr. Stafford, #7 Exhibit A - Tracy Miller Email, #8 Exhibit B - Attachments to Exhibit A, #9 Exhibit C - Tracy Miller Email II, #10 Exhibit D - Law Director Emal, #11 Exhibit E - Titan up for sale, #12 Exhibit F - Sale contract) (Huth, Michela)
March 9, 2023 IMPORTANT: Notice [non-document] of Motion Hearing set for 3/10/2023 at 10:00 AM to be held telephonically before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Related document(s) #15 . (G,CA)
March 8, 2023 Filing 15 Motion for Temporary Restraining Order filed by Plaintiff Kay Lackey. (Attachments: #1 Memorandum in Support, #2 Plaintiff's 65(b)(1) Certification, #3 Declaration of Kay Lackey, #4 Declaration of Wendy Hayes, #5 Declaration of Vikki Scherz, #6 Declaration of Dr. Stafford, #7 Exhibit A - Email to Def. Tracy Miller, #8 Exhibit B - attachment to Ex. A - Accommodation letters, #9 Exhibit C - Email from Tracy Miller, #10 Exhibit D - Email from SPCA Attorney, #11 Exhibit E - Titan advertised for sale, #12 Exhibit F - Dr. Stafford Contract with SPCA) (Huth, Michela)
March 6, 2023 Filing 14 Written Certification Pursuant to Federal Rule of Civil Procedure 65(b)(1) filed by Kay Lackey. (Related document(s) #5 ) (Huth, Michela)
March 6, 2023 Filing 13 Original Summons and Complaint issued to U.S. Marshal for service upon Rachel Batten filed on behalf of Plaintiff Kay Lackey. (Attachments: #1 USM-285 Rachel Batten) (Mc,K)
March 6, 2023 Filing 12 Original Summons and Complaint issued to U.S. Marshal for service upon Tracy Miller filed on behalf of Plaintiff Kay Lackey. (Attachments: #1 USM-285 Tracy Miller) (Mc,K)
March 6, 2023 Filing 11 Original Summons and Complaint issued to U.S. Marshal for service upon Karlie Miller filed on behalf of Plaintiff Kay Lackey. (Attachments: #1 USM-285 Karlie Miller) (Mc,K)
March 6, 2023 Filing 10 Original Summons and Complaint issued to U.S. Marshal for service upon Medina County Society for the Prevention of Cruelty to Animals, Inc. filed on behalf of Plaintiff Kay Lackey. (Attachments: #1 USM-285 Medina County Society for Prevention of Cruelty to Animals, Inc.) (Mc,K)
March 6, 2023 IMPORTANT: Notice [non-document] of Telephone Status Conference set for 3/6/2023 at 01:30 PM before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. (G,CA)
March 6, 2023 Opinion or Order Order [non-document]: The court scheduled a telephonic status conference to discuss the case with plaintiff's counsel and the attorney(s) they identified as representing defendants. The latter have informed the court that they have not been asked by plaintiff's counsel if they indeed represent defendants in this matter and confirmed that they have not been engaged to represent defendants in this matter. As plaintiffs' counsel did not file a written certification, pursuant to Federal Rule of Civil Procedure 65(b)(1)(B), regarding their efforts made to give notice to defendants of the lawsuit and/or motion for temporary restraining order and injunctive relief, and have not identified defense counsel in this matter, the telephonic status conference scheduled for March 6, 2023 at 1:30 pm is canceled, to be rescheduled after counsel for defendants enter an appearance on the record or as otherwise ordered by the court. In addition, Plaintiff has been authorized to proceed in forma pauperis and service of process is proceeding on the various defendants (see, R. 10, 11, 12, 13). Judge David A. Ruiz on 3/6/2023. (G,CA)
March 5, 2023 Opinion or Order Order [non-document] granting Plaintiff's #3 Motion to proceed in forma pauperis. Judge David A. Ruiz on 3/5/2023. (G,CA)
March 4, 2023 Filing 9 Amended Motion to recuse judicial officer filed by Plaintiff Kay Lackey. Related document(s) #8 . (Attachments: #1 Exhibit A - Declaration Kay Lackey, #2 Exhibit B - Article on Service Animals) (Huth, Michela)
March 4, 2023 Filing 8 Motion to recuse judicial officer filed by Plaintiff Kay Lackey. (Attachments: #1 Declaration Kay Lackey)(Huth, Michela)
March 3, 2023 Opinion or Order Filing 7 Order. Plaintiff's motion, construed as seeking an emergency ex parte temporary restraining order, (R. #5 ) is hereby denied. Plaintiff's motion, however, also moves for a preliminary and permanent injunction. (R. #5 ). The Court will set a briefing schedule and hearing on Plaintiff's request for a preliminary injunction. Judge David A. Ruiz on 3/3/2023. (G,CA)
March 2, 2023 Filing 6 Praecipe for issuance of Original Summons filed by Kay Lackey. Related document(s) #1 . (Attachments: #1 Summons Defendant Karlie Miller, #2 Summons Defendant Medina SPCA, #3 Summons Defendant Rachel Batten, #4 Summons Defendant Tracy Miller)(Huth, Michela)
March 1, 2023 Filing 5 Motion for temporary restraining order, and Motion for preliminary and permanent injunction filed by Plaintiff Kay Lackey. Related document(s) #1 . (Attachments: #1 Memorandum in Support, #2 Declaration of Plaintiff) (Huth, Michela). Added Motion for preliminary and permanent injunction on 3/3/2023 (G,CA).
February 27, 2023 Filing 4 Magistrate Consent Form issued. (R,AP)
February 27, 2023 Filing 3 Motion to proceed in forma pauperis filed by Plaintiff Kay Lackey. Related document(s) #1 , #2 . (Huth, Michela)
February 27, 2023 Filing 2 Civil Cover Sheet, filed by Kay Lackey. Related document(s) #1 . (Huth, Michela)
February 27, 2023 Filing 1 Verified Complaint with jury demand against All Defendants. Filing fee not paid, IFP. Filed by Kay Lackey. (Attachments: #1 Exhibit A - Search Warrant, #2 Exhibit B - Evidence List, #3 Exhibit C - Reasonable Accommodation Letter, #4 USM-285 Def Medina SPCA, #5 USM-285 Def Tracy Miller, #6 USM-285 Def Rachel Batten, #7 USM-285 Def Karlie Miller) (Huth, Michela)
February 27, 2023 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (R,AP)
February 27, 2023 Judge David A. Ruiz assigned to case. (R,AP)

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Plaintiff: Kay Lackey
Represented By: Richard B. Rosenthal
Represented By: Michela J. Huth
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Defendant: Medina County Society for the Prevention of Cruelty to Animals, Inc.
Represented By: Kurt D. Anderson
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Defendant: Tracy Miller
Represented By: Kurt D. Anderson
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Defendant: Rachel Batten
Represented By: Kurt D. Anderson
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Defendant: Karlie Miller
Represented By: Kurt D. Anderson
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Defendant: Does 1-10
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