J.H. v. Ohio Dept of Job and Family Services et al
| J.H. |
| Richard Michael DeWine, Ohio Fourth District Court of Appeals, Matthew Walden McFarland, Director, Ohio Dept. Of Job and Family Services, Jason P Smith, Kevin L Miller, David Anthony Yost, Ohio Department of Job and Family Services, Office of the Ohio Governor, Howard H Harcha, III, Thomas J Stickrath, Scioto Department of JOb and Family Services, Micheal David Hess, Paige Robbins, Ohio Bureau of Motor Vehicles, Ohio Department of Medicaid, Opportunities for Ohioans with Disabilities, Ohio Dept of Developmental Disabilities, Director, Ohio Department of Medicaid, Office of the Ohio Attorney General, Jeffrey Davis and Scioto County Court of Common Pleas |
| 2:2021cv00206 |
| January 20, 2021 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| Kimberly A Jolson |
| Michael H Watson |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
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Filing 55
NOTATION ORDER granting #54 Motion for Extension of Time to File Response/Reply re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 3/23/2021. Signed by Magistrate Judge Kimberly A. Jolson on 3/10/21. (jr)
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Filing 54
MOTION for Extension of Time to File Response/Reply as to #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 3/23/2021. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 53
STATUS REPORT by Plaintiff J.H.. (Robinson, Rachel)
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Filing 52
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid. (Sullivan, Angela)
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Filing 51
NOTATION ORDER - This matter came before the Court for a status conference on 2/12/2021. The parties shall file a joint status report within 7 days of the date of this Order. Signed by Magistrate Judge Kimberly A. Jolson on 2/12/21. (jr)
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Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 2/12/2021. (jr)
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Filing 49
Joint MOTION Status Conference re #47 Order, by Plaintiff J.H.. (Robinson, Rachel)
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Filing 48
AMENDED COMPLAINT against All Defendants, filed by J.H.. (mdr)
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Filing 47
OPINION and ORDER - Plaintiff's Motion (Doc. 37) is GRANTED. The Clerk shall file Document Number 37-1 as the Second Amended Complaint. The parties are ORDERED to meet and confer and file a proposed case schedule within fourteen (14) days of the date of this Opinion and Order. Deficiency Deadline by 2/16/2021. Signed by Magistrate Judge Kimberly A. Jolson on 02/02/2021. (mdr)
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Filing 46
NOTICE by Plaintiff J.H. re #38 Response in Opposition to Motion of Supplemental Authority (Robinson, Rachel)
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Filing 45
DECISION AND ENTRY Adopting the Report and Recommendation of the United States Magistrate Judge (Doc. #44 ) and Transferring this Case to the Eastern Division at Columbus. Signed by Judge Timothy S. Black on 1/20/2021. (rrs)
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Case transferred in from Western Division - Cincinnati on 01/20/2021 Case Number 1:19-cv-992. Case assigned to Judge Michael H. Watson and Magistrate Judge Kimberly A. Jolson. Related document: #37 MOTION to Amend/Correct #11 Amended Complaint,,,,, and Memorandum in Opposition to Motion to Dismiss filed by J.H., #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Director, Ohio Dept. Of Job and Family Services, Ohio Department of Medicaid, Director, Ohio Department of Medicaid, Ohio Department of Job and Family Services. (bjc)
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Filing 44
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: Defendants motion to transfer venue (Doc. #25 ) be GRANTED and this matter be transferred to the United States District Court for the Southern District of Ohio, Eastern Division, at Columbus. Objections to R&R due by 12/24/2020. Signed by Magistrate Judge Karen L. Litkovitz on 12/09/2020. (bjc)
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Filing 43
REPLY to Response to Motion re #37 MOTION to Amend/Correct #11 Amended Complaint,,,,, and Memorandum in Opposition to Motion to Dismiss filed by Plaintiff J.H.. (Robinson, Rachel)
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Filing 42
NOTATION ORDER Granting plaintiff's #41 Motion for Extension of Time to 10/30/2020 to file a reply in support of #37 MOTION to Amend/Correct #11 Amended Complaint.( Reply due by 10/30/2020.). Signed by Magistrate Judge Karen L. Litkovitz on 10/28/2020. (art)
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Filing 41
MOTION for Extension of Time to File Response/Reply New date requested 10/30/2020. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 40
REPLY to Response to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Ohio Department of Job and Family Services, Ohio Department of Medicaid. (Sullivan, Angela)
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Notice of Correction re: #39 Response in Opposition to Motion, this document was both a response and reply, the filer was contacted and will file this document again as a reply. (bjc)
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Filing 39
RESPONSE in Opposition re #37 MOTION to Amend/Correct #11 Amended Complaint,,,,, and Memorandum in Opposition to Motion to Dismiss filed by Defendants Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid. (Sullivan, Angela)
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Notice of Correction: Please note that #37 MOTION to Amend/Correct re #11 Amended Complaint, and #38 Response in Opposition to Motion are the same document filed twice at request of Clerk to capture both events in ECF. (kl)
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Filing 38
RESPONSE in Opposition re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff J.H.. (Robinson, Rachel)
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Filing 37
MOTION to Amend/Correct #11 Amended Complaint,,,,, and Memorandum in Opposition to Motion to Dismiss by Plaintiff J.H.. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint) (Robinson, Rachel)
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Filing 36
NOTATION ORDER GRANTING plaintiff's fourth #35 Motion for Extension of Time to 9/28/2020 in which to file a response in opposition to defendants' #26 MOTION TO DISMISS.( Response due by 9/28/2020). Signed by Magistrate Judge Karen L. Litkovitz on 9/22/2020. (art)
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Filing 35
Fourth MOTION for Extension of Time to File New date requested 9/28/2020. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 34
REPLY to Response to Motion re #25 MOTION to Change Venue filed by Defendants Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid. (Sullivan, Angela)
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Reset Deadlines as to #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 9/21/2020 (bjc)
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Filing 33
NOTATION ORDER Granting plaintiff's unopposed #32 Motion for Extension of Time to 9/21/2020 in which to file a response to defendants' #26 MOTION TO DISMISS. ( Response due by 9/21/2020). Signed by Magistrate Judge Karen L. Litkovitz on 9/15/2020. (art)
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Filing 32
Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 9/21/2020. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 31
RESPONSE in Opposition re #25 MOTION to Change Venue filed by Plaintiff J.H.. (Robinson, Rachel)
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Filing 30
NOTATION ORDER Granting plaintiff's unopposed #29 Motion for Extension of Time until 9/14/2020 in which to respond to defendants' #25 MOTION to Change Venue and #26 MOTION TO DISMISS. ( Responses due by 9/14/2020). Signed by Magistrate Judge Karen L. Litkovitz on 9/8/2020. (art)
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Filing 29
Unopposed MOTION for Extension of Time New date requested 9/14/2020. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 28
NOTATION ORDER Granting plaintiff's #27 Motion for Extension of Time to File response in opposition to defendants' #25 MOTION to Change Venue, and #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. ( Plaintiff's Responses due by 9/7/2020). Signed by Magistrate Judge Karen L. Litkovitz on 8/17/2020. (art)
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Filing 27
Unopposed MOTION for Extension of Time to File New date requested 9/7/2020. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid. (Sullivan, Angela)
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Filing 25
MOTION to Change Venue by Defendants Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid. (Sullivan, Angela)
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Filing 24
WAIVER OF SERVICE Returned Executed. Waiver sent to Director, Ohio Department of Medicaid on 5/28/2020, answer due 7/27/2020. (Robinson, Rachel)
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Filing 23
WAIVER OF SERVICE Returned Executed. Waiver sent to Ohio Department of Medicaid on 5/28/2020, answer due 7/27/2020. (Robinson, Rachel)
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Filing 22
WAIVER OF SERVICE Returned Executed. Waiver sent to Director, Ohio Dept. Of Job and Family Services on 5/28/2020, answer due 7/27/2020. (Robinson, Rachel)
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Filing 21
WAIVER OF SERVICE Returned Executed. Waiver sent to Ohio Department of Job and Family Services on 5/28/2020, answer due 7/27/2020. (Robinson, Rachel)
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Filing 20
NOTICE of Appearance by Angela M Sullivan for Defendants Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid (Sullivan, Angela)
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Filing fee for cv action: $ 400.00, receipt number 200COL061816. (er)
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Filing 19
NOTATION ORDER granting plaintiff's #18 Motion to Vacate #2 Order on Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L. Litkovitz on 5/27/2020. (art)
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Filing 18
MOTION to Vacate #2 Order on Motion for Leave to Proceed in forma pauperis, by Plaintiff J.H.. (Robinson, Rachel)
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Filing 17
Summons Issued as to Director, Ohio Department of Medicaid, Director, Ohio Dept. Of Job and Family Services, Ohio Department of Job and Family Services, Ohio Department of Medicaid. (eh)
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Filing 16
REQUEST for Issuance of Summons. Ohio Department of Medicaid (Robinson, Rachel)
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Filing 15
REQUEST for Issuance of Summons. KimbeOhio Department of Job and Family Services (Robinson, Rachel)
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Filing 14
REQUEST for Issuance of Summons. Kimberly L. Hall, Director of Ohio Department of Job and Family Services (Robinson, Rachel)
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Filing 13
REQUEST for Issuance of Summons. Maureen M. Corcoran, Director Ohio Department of Medicaid (Robinson, Rachel)
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Filing 12
ORDER that in view of the amended complaint filed by plaintiff on May 15, 2020 #11 , the undersigned hereby WITHDRAWS the #4 Report and Recommendation of December 3, 2019. Signed by Magistrate Judge Karen L. Litkovitz on 5/18/2020. (art)
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Filing 11
AMENDED COMPLAINT against Maureen M. Corcoran, Kimberly L Hall, Ohio Dept of Job and Family Services, Ohio Dept of Medicaid, filed by J.H.. (Attachments: #1 Exhibit A - 8/31/2017 State Hearing Request, #2 Exhibit B - 2/23/2017 State Hearing Request, #3 Exhibit C - 3/18/2017 Notice, #4 Exhibit D - 3/27/2017 Request, #5 Exhibit E - 4/11/2017 Request, #6 Exhibit F - 4/13/2017 ODJFS BSH Response, #7 Exhibit G -10/20/2017 Transcript (self-transcribed from voice mail), #8 Exhibit H- June 2017 Reapplication Verification Checklist, #9 Exhibit I - 10/11/2017 Motion for Subpoena, #10 Exhibit J - 10/16/2017 Written Response for State Hearing, #11 Exhibit K - 10/17/2017 Notice of Abandoned Hearing, #12 Exhibit L - 10/27/2017 Good Cause Statement, #13 Exhibit M - 11/1/2017 Notice of Adminstrative Appeal, #14 Exhibit 11/15/2017 Administrative Appeal Decision, #15 Exhibit O - 11/16/2017 Administrative Appeal Brief, #16 Exhibit P - 12/13/2017 Notice of Appeal to Common Pleas Court, #17 Exhibit Q - 6/15/2018 Motion to Continue, #18 Exhibit R - 8/30/2018 Appellant's Merit Brief to Common Pleas, #19 Exhibit S - 2/6/2020 Motion for Mediation, #20 Exhibit T- 2/18/2020 Defendants response to Motion for Mediation) (Robinson, Rachel)
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Filing 10
NOTATION ORDER granting plaintiff's #9 Motion for Extension of Time to 5/15/2020 to file an amended complaint in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 5/11/2020. (art)
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Filing 9
MOTION for Extension of Time to Amend #3 Complaint,, New date requested 5/15/2020. by Plaintiff J.H.. (Robinson, Rachel)
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Filing 8
ORDER granting Motion to Hold Decision in Abeyance (Doc. #7 ). Signed by Judge Timothy S. Black on 3/24/2020. (rrs)
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Filing 7
MOTION to Stay re #5 Objection to Report and Recommendations hold decision in abeyance by Plaintiff J.H.. (Robinson, Rachel)
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Filing 6
NOTICE of Appearance by Rachel Kimberly Robinson for Plaintiff J.H. (Robinson, Rachel)
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Filing 5
OBJECTION to #4 Report and Recommendations by Plaintiff J.H.. (bjc)
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Filing 4
REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Plaintiff's complaint be DISMISSED. 2. The Court certify pursuant to 28 U.S.C. l 915(a) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed informa pauperis in the Court of Appeals. Objections to R&R due by 12/17/2019. Signed by Magistrate Judge Karen L. Litkovitz on 12/03/2019. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 3
COMPLAINT against Maureen M. Corcoran, Jeffrey Davis, Richard Michael DeWine, Kimberly L Hall, Howard H Harcha, III, Micheal David Hess, Matthew Walden McFarland, Kevin L Miller, Office of the Ohio Attorney General, Office of the Ohio Governor, Ohio Bureau of Motor Vehicles, Ohio Dept of Developmental Disabilities, Ohio Dept of Job and Family Services, Ohio Dept of Medicaid, Ohio Fourth District Court of Appeals, Opportunities for Ohioans with Disabilities, Paige Robbins, Scioto County Court of Common Pleas, Scioto Department of JOb and Family Services, Jason P Smith, Thomas J Stickrath, David Anthony Yost, filed by J.H.. (bjc)
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Filing 2
ORDER granting #1 Motion for Leave to Proceed in forma pauperis signed by Magistrate Judge Karen L. Litkovitz on 12/03/2019. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Summons and USM-285 Forms for all defendants received by the Clerk's Office. (bjc)
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Filing 1
MOTION for Leave to Proceed in forma pauperis (The following document(s) were not submitted to the Office of the Clerk: Summons and USM-285 Forms for All Defendants) by Plaintiff J.H.. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 COnfidentiality Memorandum) (bjc)
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