Smith et al v. The Ohio Supreme Court et al
| Unknown and Dannie Smith |
| The Ohio Supreme Court, The Ohio Board of Law Examiners, National Conference of Bar Examiners and John Doe |
| 2:2025cv00773 |
| July 11, 2025 |
| U.S. District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Sarah D Morrison |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2026. A more recent docket listing may be available from PACER.
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Filing 46
Plaintiff's Response to #44 MOTION to Stay Discovery Proceedings, #45 MOTION to Dismiss Plaintiff's Amended Complaint, #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Stay Discovery Proceedings (Request for Oral Argument) filed by Plaintiff Dannie Smith. (Attachments: #1 Exhibit) (kaw) Modified docket text on 1/2/2026 (sem).
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This entry is for statistical purposes only. Please see ECF No. #46 for the request for oral argument. (kaw)
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Filing 45
MOTION to Dismiss Plaintiff's Amended Complaint by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 44
MOTION to Stay Discovery Proceedings by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 43
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant National Conference of Bar Examiners. (Rice, Danielle)
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Filing 42
NOTATION ORDER -- Plaintiff Dannie Smith's #4 Motion for Temporary Restraining Order and/or Preliminary Injunction is DENIED as moot. Signed by Chief District Judge Sarah D. Morrison on 12/9/2025. (merc)(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 41
NOTATION ORDER finding as moot pursuant to ECF No. #39 - Motion to Dismiss #35 and Motion to Dismiss for Failure to State a Claim #28 . Signed by Magistrate Judge Elizabeth Preston Deavers on 12/8/2025. (sln)(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 40
AMENDED COMPLAINT against All Defendants, filed by Dannie Smith. (vb) (Additional attachment(s) added on 12/8/2025: #1 Amended Complaint) (vb).
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Filing 39
ORDER granting #33 Motion to Leave to File Amended Complaint. The Clerk is DIRECTED to detach and file ECF No. 33-1. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/5/2025. (vb) (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 38
PRELIMINARY PRETRIAL ORDER: The Court adopts the following schedule: Class Certification Motion due by 4/30/2026. Joinder of Parties due by 9/30/2026. Initial Disclosures due by 12/15/2025. Discovery due by 9/30/2026. If the parties are unable to reach an agreement on any matter related to discovery, they are directed to arrange a conference with the Court. Clawback Agreement Deadline due by 1/5/2026. Dispositive motions due by 11/30/2026. Primary Expert due by 8/1/2026. Rebuttal Expert due by 8/30/2026. Settlement Demand due by 9/30/2026. Response to Settlement Demand due by 10/15/2026. Mediation Deadline: 11/2026. Signed by Magistrate Judge Elizabeth Preston Deavers on November 10, 2025. (jlk)(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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NOTICE : The Preliminary Pretrial Conference set for 11/18/2025 11:00 AM is VACATED. (See ECF No. #37 .) (sln)(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 37
RULE 26(f) REPORT by Defendant The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 36
RESPONSE in Opposition re #33 MOTION to Amend/Correct #32 Complaint filed by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 35
MOTION to Dismiss Complaint-Renewed by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 34
NOTICE of Hearing: Preliminary Pretrial Conference set for 11/18/2025 11:00 AM in Zoom Meeting before Magistrate Judge Elizabeth Preston Deavers. (sln)(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 33
MOTION to Amend/Correct #32 Complaint by Plaintiff Dannie Smith. Attachments: #1 Amended Complaint (bew)
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Filing 32
COMPLAINT with JURY DEMAND against John Doe, National Conference of Bar Examiners, The Ohio Board of Law Examiners, The Ohio Supreme Court, filed by Dannie Smith. (bew)
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Filing 31
OPINION AND ORDER Denying #3 Motion for Protective Order Granting Plaintiff the Ability to Proceed Anonymously. Plaintiff is ORDERED to refile her Complaint and disclose her full name with 14 DAYS of this Order. The Clerk is DIRECTED to amend the caption accordingly. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/25/2025. (vb) (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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Set Deadline: Plaintiff to refile Compliant disclosing her full name due by 10/9/2025. (vb)
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Filing 30
REPLY to Response to Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff John Doe. (bew)
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Filing 29
Reply in Further Support of Motion to Dismiss by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 28
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant National Conference of Bar Examiners. (Rice, Danielle)
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Filing 27
REPLY to #24 Opposing Response to Motion re #4 MOTION for Temporary Restraining Order filed by Plaintiff John Doe. (bew)
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MOTION to Dismiss by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court SEE DOCKET #24 FOR DOCUMENT. This entry is being created to add the motion portion of the combined filing to the docket. (kk2)
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Filing 26
RESPONSE in Opposition re #3 MOTION for Protective Order filed by Defendant National Conference of Bar Examiners. (Rice, Danielle)
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Filing 25
RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order filed by Defendant National Conference of Bar Examiners. (Rice, Danielle)
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Filing 24
RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction and Motion to Dismiss filed by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Attachments: #1 Exhibit A, Kline Declaration) (Tabatowski, Stephen)
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Filing 23
NOTATION ORDER - In its 19 August 6, 2025, Notation Order, this Court denied Plaintiff's Motion for Temporary Restraining Order. To the extent it was unclear, the Court now clarifies that the Plaintiff's Motion for Preliminary Injunction remains outstanding. A hearing on the merits of the Motion for Preliminary Injunction will be set after briefing on that Motion is complete, if the Court determines that a hearing is necessary to resolve the motion. The default briefing schedule in S.D. Ohio Civ. R. 7.2(a)(2) shall apply. Plaintiff's #21 Motion for Hearing is thus DENIED as premature. By Chief District Judge Sarah D. Morrison on 8/8/2025. (tb)(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 22
RESPONSE in Opposition re #3 MOTION for Protective Order filed by Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court. (Tabatowski, Stephen)
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Filing 21
MOTION for Hearing re #4 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiff John Doe. (kaw)
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Set/Reset Deadlines: National Conference of Bar Examiners answer due 8/29/2025. (kaw)
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Filing 20
STIPULATION Extension of Time to Answer, Move, or Otherwise Plead by Defendant National Conference of Bar Examiners. (Rice, Danielle)
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Filing 19
NOTATION ORDER - The Court understands that Plaintiff John Doe sat for the July 2025 Ohio Bar Exam. Accordingly, to the extent Plaintiff sought a Temporary Restraining Order, that motion is DENIED as moot. The August 7 Status Conference (ECF No. 18 ) is VACATED. This matter shall proceed in accordance with the Federal Rules of Civil Procedure and this Courts Local Rules. By Chief District Judge Sarah D. Morrison on 8/6/2025. (tb)(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 17
ORDER OF RECUSAL. District Judge Algenon L Marbley recused. This case was transferred back to the unassigned docket and reassigned to Chief District Judge Sarah D. Morrison for all further proceedings. Signed by District Judge Algenon L Marbley on 7/31/2025. (cw)(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 16
Corporate Disclosure Statement by Defendant National Conference of Bar Examiners. (Rice, Danielle)
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Filing 15
NOTATION ORDER granting #14 Motion for Leave to Appear Pro Hac Vice of Robert A Burgoyne as co-counsel. Signed by Magistrate Judge Elizabeth Preston Deavers on 07/31/25. (bew)(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 14
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10620977) of Robert A. Burgoyne by Defendant National Conference of Bar Examiners. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Rice, Danielle)
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Filing 13
SUMMONS Retuned Executed to The National Board of Law Examinees. (bew) Modified on 7/29/2025 (bew).
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Filing 12
NOTICE of Appearance by Danielle Scoliere Rice for Defendant National Conference of Bar Examiners (Rice, Danielle)
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Filing 10
ORDER issued re #1 the Complaint in that Plaintiff is ORDERED to email a copy of her signed Complaint that includes her full name to [email protected] on or before JULY 28, 2025. No other ex parte communications will be allowed unless explicitly permitted by the Court. The Clerk is DIRECTED to send a copy of this Order to Plaintiff via overnight mail. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/24/25. (sem)(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 9
NOTICE of Appearance by Ann Yackshaw for Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court (Yackshaw, Ann)
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Filing 8
NOTICE of Appearance by Stephen P. Tabatowski for Defendants The Ohio Board of Law Examiners, The Ohio Supreme Court (Tabatowski, Stephen)
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Filing 7
ORDER striking #6 Plaintiffs Initial Disclosures. The Court did not order Plaintiff to file such a document. Nor has Plaintiff utilized this filing in a court proceeding. Plaintiffs filing therefore violates Federal Rule of Civil Procedure 5(d)(1). Plaintiff is DIRECTED to cease filing these types of documents set forth in Rule 5(d)(1) until they are used in a proceeding or the Court orders otherwise and to serve counsel for Defendant consistent with the Federal Rules of Civil Procedure. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/18/2025. (vb) (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 6
STRICKEN per order ECF No #7 *** RULE 26(a)(1) DISCLOSURES by Plaintiff John Doe. (jlk) Modified on 7/18/2025 (vb). Modified on 7/18/2025 (vb).
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Filing 5
CERTIFICATE of Mailing by Clerk: A copy of the complaint, motion for protective order, motion for tro and issued summmonses were sent to the named defendants via certified mail. (er)
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Filing 4
MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiff John Doe. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-4, #3 Exhibit 5-6, #4 Exhibit 7-11, #5 Exhibit 12-13, #6 Exhibit 14-15, #7 Exhibit 16-17, #8 Exhibit 18-19, #9 Exhibit 20-23, #10 Exhibit 24-25, #11 Exhibit 26-27, #12 Exhibit 28-29, #13 Exhibit 30-35, #14 Exhibit 36) (er)
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Filing 3
MOTION for Protective Order by Plaintiff John Doe. (er)
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Filing 2
Summons Issued as to National Conference of Bar Examiners, The Ohio Board of Law Examiners & The Ohio Supreme Court. (er)
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Filing 1
COMPLAINT with JURY DEMAND filed by John Doe & Unknown against John Doe, National Conference of Bar Examiners, The Ohio Board of Law Examiners & The Ohio Supreme Court. (Attachments: #1 Civil Cover Sheet) (er)
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Filing fee: $ 405 received, receipt number 200009549. (kaw)
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