Zayo Group LLC v. Ohio Department of Transportation et al
Plaintiff: ZAYO GROUP LLC and Zayo Group, LLC
Defendant: DIRECTOR JACK MARCHBANKS, GOVERNOR Richard Michael DeWine, LT. GOVERNOR Jon Husted, Ohio Department of Transportation, Richard Michael DeWine, Jon Husted and Jack Marchbanks
Case Number: 2:2019cv03705
Filed: August 26, 2019
Court: US District Court for the Southern District of Ohio
Presiding Judge: Elizabeth Preston Deavers
Referring Judge: James L Graham
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2019 Filing fee: $ 400.00, receipt number 0648-7080361 (jlk) Modified on 10/9/2019 (jlk).
October 1, 2019 Filing 39 NOTICE of Voluntary Dismissal by Plaintiff Zayo Group, LLC (Mordarski, Daniel)
October 1, 2019 ***Civil Case Terminated per #39 (Notice of Voluntary Dismissal) (kk2)
September 24, 2019 Filing 38 REPLY to Response to Motion re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Jack Marchbanks, Ohio Department of Transportation. (Cole, William)
September 24, 2019 Filing 37 REPLY to Response to Motion re #27 MOTION to Dismiss filed by Defendants Richard Michael DeWine, Jon Husted. (Pfeiffer, Julie) Modified text on 9/24/2019 (kk2)
September 19, 2019 Filing 36 REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by Plaintiff Zayo Group, LLC. (Werner, Paul)
September 19, 2019 Filing 35 RESPONSE in Opposition re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Zayo Group, LLC. (Werner, Paul)
September 19, 2019 Filing 34 RESPONSE in Opposition re #27 MOTION to Dismiss filed by Plaintiff Zayo Group, LLC. (Werner, Paul)
September 19, 2019 Filing 33 NOTICE of Filing Affidavit of John Danish by Defendants Richard Michael DeWine & Jon Husted (Attachments: #1 Affidavit of John Danish) (Pfeiffer, Julie) Modified text on 9/20/2019 (kk2)
September 19, 2019 Filing 32 Response Disagreements with Plaintiff's Factual Allegations re #1 Complaint & #31 Scheduling Order by Defendants Jack Marchbanks, Ohio Department of Transportation. (Attachments: #1 Affidavit of Drew Gilmore, #2 Affidavit of Wendi Snyder, #3 Affidavit of Richard Makowski) (Cole, William) Modified text on 9/20/2019 (kk2)
September 12, 2019 Opinion or Order Filing 31 AGREED ORDER. Signed by Judge James L. Graham on 9/12/2019. (ds) Modified on 9/12/2019 to correct text (kk2)
September 12, 2019 Set/Reset Deadlines as to #27 MOTION to Dismiss & #30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Responses due by 9/19/2019 & Replies due by 9/24/2019 per #31 (Agreed Order) (kk2)
September 12, 2019 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction - Replies due by 9/19/2019 per #31 (Agreed Order) (kk2)
September 9, 2019 Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Defendants Jack Marchbanks, Ohio Department of Transportation. Responses due by 9/19/2019 (Cole, William) Modified text on 9/10/2019 (kk2)
September 9, 2019 Filing 29 NOTICE of Filing Corrected Exhibit B to #1 Verified Complaint by Plaintiff Zayo Group, LLC (Attachments: #1 Exhibit B - Corrected) (Mordarski, Daniel) Modified on 9/9/2019 to correct text & add doc link (kk2)
September 9, 2019 Filing 28 NOTICE of Hearing on Motion #2 MOTION for Preliminary Injunction : Motion Hearing set for 9/30/2019 @9:00 AM and 10/01/2019 @ 9:00 AM in Courtroom 5 - Columbus before Judge James L. Graham. (ds)
September 6, 2019 Filing 27 MOTION to Dismiss by Defendants Richard Michael DeWine, Jon Husted. (Pfeiffer, Julie)
September 6, 2019 Filing 26 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Defendants Jack Marchbanks & Ohio Department of Transportation. (Cole, William) Modified on 9/6/2019 to correct filing parties (kk2)
September 4, 2019 Opinion or Order Filing 25 ORDER regarding briefing schedule. Signed by Judge James L. Graham on 9/4/2019. (jlg6)
September 4, 2019 Filing 24 NOTICE of Appearance by Ann Yackshaw for Defendants Richard Michael DeWine, Jon Husted (Yackshaw, Ann)
September 4, 2019 Filing 23 NOTICE of Appearance by Julie M Pfeiffer for Defendants Richard Michael DeWine, Jon Husted (Pfeiffer, Julie)
September 4, 2019 Filing 22 NOTICE: Telephone Conference set for 9/9/2019 @10:00 AM in Chambers before Judge James L. Graham. (ds)
September 4, 2019 Opinion or Order Filing 21 NOTATION ORDER granting #20 Motion for Leave to Appear Pro Hac Vice of Paul A Werner III by Magistrate Judge Elizabeth Preston Deavers on 9/4/2019 (kk2)
September 4, 2019 Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction - Written Responses due by 12:00pm on 9/6/2019 per Order #25 (kk2)
September 3, 2019 Filing 20 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7090358) of Paul M. Werner, III, Esq. by Plaintiff Zayo Group, LLC. (Attachments: #1 Paul A. Werner, III, Esq. Certificate of Good Standig) (Mordarski, Daniel)
September 3, 2019 Filing 19 NOTICE of Appearance by Leandro Martin Cordero for Defendant Ohio Department of Transportation (Cordero, Leandro)
September 3, 2019 Filing 18 NOTICE of Appearance by Leandro Martin Cordero for Defendant Jack Marchbanks (Cordero, Leandro)
September 3, 2019 Opinion or Order Filing 17 NOTATION ORDER granting #14 Motion for Leave to Appear Pro Hac Vice of David M Poell by Magistrate Judge Elizabeth Preston Deavers on 9/3/2019 (kk2)
September 3, 2019 Filing 16 NOTICE of Appearance by William J Cole for Defendants Jack Marchbanks, Ohio Department of Transportation (Cole, William)
September 3, 2019 Filing 15 LETTER regarding Motion for Preliminary Injunction by Plaintiff Zayo Group LLC #2 . (ds) Modified on 9/5/2019 (sln).
August 30, 2019 Filing 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7088024) of DAVID M. POELL by Plaintiff Zayo Group, LLC. (Attachments: #1 David M Poell Certificate of Good Standing) (Mordarski, Daniel)
August 29, 2019 Filing 13 SUMMONS Returned Executed as to Defendant Ohio Department of Transportation. Ohio Department of Transportation served on 8/28/2019, answer due 9/18/2019. (Mordarski, Daniel)
August 29, 2019 Filing 12 SUMMONS Returned Executed as to Defendant Jack Marchbanks. Jack Marchbanks served on 8/28/2019, answer due 9/18/2019. (Mordarski, Daniel)
August 29, 2019 Filing 11 SUMMONS Returned Executed as to Defendant Jon Husted. Jon Husted served on 8/28/2019, answer due 9/18/2019. (Mordarski, Daniel)
August 29, 2019 Filing 10 SUMMONS Returned Executed as to Defendant Richard Michael DeWine. Richard Michael DeWine served on 8/28/2019, answer due 9/18/2019. (Mordarski, Daniel)
August 28, 2019 Filing 9 Corporate Disclosure Statement by Plaintiff Zayo Group, LLC. (Mordarski, Daniel)
August 28, 2019 Filing 8 Summons Issued as to Richard Michael DeWine, Jon Husted, Jack Marchbanks, and Ohio Department of Transportation (kk2)
August 28, 2019 Zayo Group Holdings Inc added as Corporate Parent for Plaintiff Zayo Group LLC per #9 (Corporate Disclosure Statement) (kk2)
August 27, 2019 Filing 7 NOTICE of Filing Civil Cover Sheet by Plaintiff Zayo Group, LLC (Mordarski, Daniel) Modified text on 8/28/2019 (kk2)
August 27, 2019 Filing 6 REQUEST for Issuance of Summons for Jon Husted, Lieutenant Governor of Ohio (Mordarski, Daniel)
August 27, 2019 Filing 5 REQUEST for Issuance of Summons for Richard Michael DeWine, Governor of Ohio (Mordarski, Daniel)
August 27, 2019 Filing 4 REQUEST for Issuance of Summons for Jack Marchbanks, Director of the Ohio Department of Transportation (Mordarski, Daniel)
August 27, 2019 Filing 3 REQUEST for Issuance of Summons for Ohio Department of Transportation (Mordarski, Daniel)
August 26, 2019 Filing 2 MOTION for Preliminary Injunction by Plaintiff Zayo Group LLC. (Mordarski, Daniel) Modified text on 8/28/2019 (kk2).
August 26, 2019 Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Richard Michael DeWine, Jon Husted, Jack Marchbanks, Ohio Department of Transportation, filed by Zayo Group LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Mordarski, Daniel) Modified text on 8/28/2019 to correct parties case is being filed against. Counsel selected the plaintiff as both the filing party and the party being filed against (kk2).

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Plaintiff: ZAYO GROUP LLC
Represented By: Daniel R Mordarski
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Plaintiff: Zayo Group, LLC
Represented By: Brian M Garvine
Represented By: Paul A Werner, III
Represented By: David M Poell
Represented By: Daniel R Mordarski
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Defendant: DIRECTOR JACK MARCHBANKS
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Defendant: GOVERNOR Richard Michael DeWine
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Defendant: LT. GOVERNOR Jon Husted
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Defendant: Ohio Department of Transportation
Represented By: William J Cole
Represented By: Leandro Martin Cordero
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Defendant: Richard Michael DeWine
Represented By: Ann Yackshaw
Represented By: Julie M Pfeiffer
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Defendant: Jon Husted
Represented By: Ann Yackshaw
Represented By: Julie M Pfeiffer
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Defendant: Jack Marchbanks
Represented By: William J Cole
Represented By: Leandro Martin Cordero
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