H.C. and Y.C. et al v. DeWine et al
| T.E., B.F., H.C. and Y.C., T. M., D. R., T. T. and K. T. |
| Governor State Of Ohio, Director State of Ohio Department of Jobs and Family Services, Director Ohio Department of Jobs & Family Services, Mike DeWine, Director, Ohio Department of Job and Family Services and Governor of the State of Ohio |
| 1:2020cv00944 |
| November 19, 2020 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2021. A more recent docket listing may be available from PACER.
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Filing 41
WAIVER OF SERVICE Returned Executed. (Langenbahn, Jay)
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Filing 40
SUMMONS Returned Executed as to Defendants Director, Ohio Department of Job and Family Services served on 12/28/2020, answer due 1/19/2021; Governor of the State of Ohio served on 12/28/2020, answer due 1/19/2021. (eh)
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Filing 39
MOTION re #33 Order on Motion for Leave to Appear Pro Hac Vice, #23 Notice (Other) by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Order of Admission Pro Hac Vice) (Langenbahn, Jay)
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Filing 38
ORDER FOR ANSWER: It is hereby ORDERED that respondent shall file an answer conforming to the requirements of Rule 5 of the Rules Governing 2254 Cases within sixty (60) days of the date of filing of this Order. Signed by Magistrate Judge Karen L. Litkovitz on 01/07/2021. (kl)
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Notice of Correction: Please note that docs. #34 and #37 are identical pleadings, filed twice at the request of the Clerk, to capture both the Motion to Dismiss and the Response in Opposition to Motion in ECF. (kh)
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Notice of Correction re: #38 Order for Answer. This document was filed on the wrong case. Clerk restricted entry and will re-docket on the correct case. (kl)
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Filing 37
RESPONSE in Opposition re #21 MOTION for Preliminary Injunction filed by Defendant Governor of the State of Ohio. (Attachments: #1 Exhibit 1, Am. Sub., SB 310, #2 Exhibit 2, Signed Executive Order 2020-43D) (Yackshaw, Ann)
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Filing 36
NOTICE by Plaintiffs T. M., T. M., D. R., K. T., T. T. re #33 Order on Motion for Leave to Appear Pro Hac Vice, #23 Notice (Other) (Attachments: #1 Exhibit Certificate of Good Standing) (Langenbahn, Jay)
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Filing 35
RESPONSE in Opposition re #21 MOTION for Preliminary Injunction filed by Defendant Director, Ohio Department of Job and Family Services. (Attachments: #1 Exhibit A - Declaration of Catherine Ghering, #2 Exhibit B - Ohio S.B. 310, #3 Exhibit C - Executive Order 2020-43D) (Dirisamer, Theresa)
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Filing 34
MOTION to Dismiss for Mootness and Response in Opposition to Plaintiffs' Motion for Preliminary Injunction by Defendant Governor of the State of Ohio. (Attachments: #1 Exhibit 1, Am. Sub. SB 310, #2 Exhibit 2, Signed Executive Order, 2020-43D) (Yackshaw, Ann)
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Filing 33
ORDER denying #11 MOTION for Leave to Appear Pro Hac Vice of Julia A. Gryce. Signed by Judge Michael R. Barrett on 1/5/2021. (eh)
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Filing 31
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 12/16/20. (ba)
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Filing 30
ORDER granting #20 Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 12/16/20. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/16/2020; Richard Dawahar, Theresa Dirisamer, Jay Langenbahn Eric Thompson, Daniel Turinsky and Andrew McCartney appeared for plaintiffs; Angela Sullivan and Ann Yackshaw appeared for defendant; a briefing schedule has been established as to #21 MOTION for Preliminary Injunction; Responses due by 1/6/2021; Replies due by 1/20/2021; a Motion Hearing set for 1/28/2021 02:00 PM in GoToMeeting before Judge Michael R. Barrett; the call-in information for interested parties, the media, or the general public is: 1-571-317-3112 with an access code of 201-131-845. Invitation information for the GoToMeeting video conference has previously been supplied to counsel of record; anyone who participates either by video or audio must comply with S.D. Ohio Civ. R. 83.2 which prohibits the use of any recording devices where judical proceedings are being conducted. (ba)
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Filing 29
NOTICE of Appearance by Angela M Sullivan for Defendant Director, Ohio Department of Job and Family Services (Sullivan, Angela)
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Filing 28
NOTICE of Appearance by Theresa R. Dirisamer for Defendant Director, Ohio Department of Job and Family Services (Dirisamer, Theresa)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/14/2020; Jay Langenbahn, Eric Thompson and Daniel Turinsky appeared for plaintiffs; Ann Yackshaw and Angela Sullivan appeared for defendant; parties to confer regarding sealing or and a protective order and follow up regarding the finalizing of a briefing/hearing scheduled; a follow up Status Conference is set for 12/16/2020 at 02:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/20 for conferencing instructions. (ba)
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Filing 27
AGREED ORDER granting #8 Motion to Proceed using Pseudonyms. Signed by Judge Michael R. Barrett on 12/10/20. (ba)
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Filing 26
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7847993) of Richard F. Dawahare by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/10/2020; Jay Langenbahn, Eric Thompson and Daniel Turinsky appeared for plaintiffs; Ann Yackshaw, Angela Sullivan and Andrew McCartney appeared for defendants; the parties shall confer regarding a scheduling of this matter; a follow up Status Conference is set for 12/14/2020 at 11:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 12/9/20 for conferencing instructions. (ba) Modified on 12/10/2020 (ba) to edit text and regenerate a NEF.
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NOTATION ORDER granting #25 Motion for Leave to Appear Pro Hac Vice of Andrew McCartney as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 12/10/20. (eh)
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NOTATION ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of Richard F. Dawahare; granting #26 Motion for Leave to Appear Pro Hac Vice of Richard F. Dawahare as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 12/10/2020. (eh)
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Filing 25
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number waived) of Andrew D. McCartney by Defendant Governor of the State of Ohio. (Attachments: #1 Exhibit USDC/DC Certificate of Good Standing for Andrew McCartney) (Yackshaw, Ann)
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Filing 24
NOTICE OF DEFICIENCY re #12 MOTION for Leave to Appear Pro Hac Vice of Richard F. Dawahare (eh)
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Filing 23
NOTICE OF DEFICIENCY re #11 MOTION for Leave to Appear Pro Hac Vice of Julia A. Gryce. (eh)
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Set Deadlines: Response to Notices of Deficiency (docs. #23 & #24 ) due by 12/23/2020. (eh)
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NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Ira Lustbader; granting #14 Motion for Leave to Appear Pro Hac Vice of Eric E. Thompson; granting #15 Motion for Leave to Appear Pro Hac Vice of Stephanie Persson; granting #16 Motion for Leave to Appear Pro Hac Vice of Daniel Turinsky; granting #17 Motion for Leave to Appear Pro Hac Vice of Jonathan M. Kinney; granting #18 Motion for Leave to Appear Pro Hac Vice of Erik J. Frick as as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 12/9/2020. (eh)
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Filing 22
NOTICE of Appearance by Ann Yackshaw for Defendant Governor of the State of Ohio (Yackshaw, Ann)
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Filing 21
MOTION for Preliminary Injunction by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit) (Langenbahn, Jay)
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Filing 20
MOTION for Leave to File Documents Under Seal by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay) Modified event type on 12/4/2020 (kh).
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Filing 19
MOTION to Certify Class by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Attachments: #1 Exhibit Declaration of Jay Langenbahn in Support of Motion, #2 Exhibit Declaration of Richard Dawahare in Support of Motion, #3 Exhibit Declaration of Ira Lustbader in Support of Motion, #4 Exhibit Declaration of Daniel Turinsky in Support of Motion) (Langenbahn, Jay)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816722) of Eric J. Frick by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816705) of Jonathan M. Kinney by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816692) of Daniel Turinsky by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816680) of Stephanie Perrson by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 14
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816668) of Eric Thompson by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816658) of Ira Lustbader by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816640) of Richard F. Dawahare by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7816589) of Julia A. Gryce by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (Langenbahn, Jay)
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Filing 10
Summons Issued as to Director, Ohio Department of Job and Family Services, Governor of the State of Ohio and sent to the U.S. Marshals for service along with copies of the complaint, the order granting IFP and issuing service, and USM-285 Forms. (bjc)
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Filing 9
[FILED IN ERROR, PLEASE DISREGARD] Summons Issued as to Director, Ohio Department of Job and Family Services, Governor of the State of Ohio. Sent to the US Marshal for service with USM-285 forms and copies of the Complaint and Order for Service. (eh) Modified to correct pdf on 11/30/2020 (eh). Modified Docket Text on 11/30/2020 (bjc).
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Filing 8
MOTION to Proceed Using Pseudonyms and Memorandum in Support by Plaintiffs T. M., T. M., D. R., K. T., T. T.. (eh)
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Filing 7
COMPLAINT filed by T. M., D. R., K. T., T. M., T. T. against Director, Ohio Department of Job and Family Services, Governor of the State of Ohio. (eh)
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Filing 6
ORDER granting #1 , #2 , and #3 Motions for Leave to Proceed in forma pauperis and authorizing commencement of this action without prepayment of fees or costs. It is ORDERED that the United States Marshal serve a copy of the complaint, summons, and this order granting leave to proceed in forma pauperis upon defendants as directed by plaintiff. Signed by Magistrate Judge Karen L. Litkovitz on 11/30/20. (eh)
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Filing 5
[FORMER DOC. 5 - PLEASE DISREGARD. FILED IN ERROR. INCORRECT PDF ATTACHED.] ORDER granting #1 , #2 , and #3 Motions for Leave to Proceed in forma pauperis and authorizing commencement of this action without prepayment of fees or costs. Signed by Magistrate Judge Karen L. Litkovitz on 11/30/20. (eh) Modified docket text and document security on 11/30/2020 (eh).
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Notice of Correction: Please disregard [FORMER DOC. 5] - incorrect pdf a attached. Clerk to re-file. (eh)
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Notice of Correction re: #9 Summons Issued, this is duplicative of #10 , it has been removed. (bjc)
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Filing 4
NOTICE by Plaintiffs T. M., T. M., D. R., K. T., T. T. re #1 MOTION for Leave to Proceed in forma pauperis , #2 MOTION for Leave to Proceed in forma pauperis , #3 MOTION for Leave to Proceed in forma pauperis (Attachments: #1 Exhibit Marshall Form Mike DeWine c/o Attorney General, #2 Exhibit Marshall Form Kimberly Hall Dept. of Jobs & Families, #3 Exhibit Marshall Form Kimberly Hall Dept. of Jobs & Families c/o Attorney General) (Langenbahn, Jay)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Plaintiffs T.M. (Langenbahn, Jay) Modified to correct filer on 11/24/2020 (eh).
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiffs K.T., T.T. (Langenbahn, Jay) Modified on 11/24/2020 (eh).
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Plaintiffs D.R. (Attachments: #1 Exhibit Class Action Complaint for Declaratory and Injunctive Relief, #2 Civil Cover Sheet, #3 Summons Form The Honorable Mike DeWine, #4 Summons Form DeWine in care of Dave Yost, #5 Summons Form Kimberly Hall ODJFS, #6 Summons Form ODJFS in care of Dave Yost, #7 Exhibit Plaintiffs Motion to Proceed Using Pseudonyms) (Langenbahn, Jay) Modified to correct filer on 11/23/2020 (eh). Modified on 11/24/2020 (eh).
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