Case: Ray v. Ohio Department of Health

2:18-cv-00272 | U.S. District Court for the Southern District of Ohio

Filed Date: March 29, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 29, 2018, four transgender people seeking to correct their Ohio birth certificates to accurately reflect their gender identity filed this lawsuit in the U.S. District Court for the Southern District of Ohio (in Columbus). The plaintiffs sued the Director of the Ohio Department of Health under 42 U.S.C. § 1983. Represented by the ACLU and Lambda Legal, the plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Michael H. …

On March 29, 2018, four transgender people seeking to correct their Ohio birth certificates to accurately reflect their gender identity filed this lawsuit in the U.S. District Court for the Southern District of Ohio (in Columbus). The plaintiffs sued the Director of the Ohio Department of Health under 42 U.S.C. § 1983. Represented by the ACLU and Lambda Legal, the plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Michael H. Watson.

The plaintiffs wished to change their birth certificates to avoid discrimination, privacy invasions, harassment, humiliation, stigma, harm to their health, and violence. They claimed that, in barring transgender people from obtaining accurate birth certificates matching their gender identity, the Department of Health had violated federal constitutional guarantees, including the rights to equal protection, due process, and freedom from compelled speech. On April 5, 2018, the court granted a request by the plaintiffs to proceed pseudonymously and a protective order to be referred to pseudonymously in court documents. (2018 WL 8804858).

On July 6, 2018, the state filed a motion to dismiss due to failure to state a claim, arguing that the plaintiffs did not state a true violation of the U.S. Constitution. Specifically, Ohio argued that birth certificates purely express sex and not gender identity under Ohio statutes; that the plaintiffs failed to properly state a claim of due process violation; and that preventing birth certificate changes served state interests.

On July 21, 2018, Ohio filed a motion to stay discovery until their motion to dismiss had been resolved. The state argued that the plaintiffs were already serving overly broad discovery requests at the expense of taxpayer money for a case that was primarily legal in nature, despite the fact that a successful motion to dismiss would resolve most actions in this case. The state argued that in the interests of saving resources, a stay of discovery should be ordered until a decision on their motion had been finalized.

On October 10, 2018, the district court denied the state's motion to stay discovery, citing that a “garden-variety” motion to dismiss, was not sufficient grounds to stay discovery. (2018 WL 4907080). Nearly a year later, on September 12, 2019, the judge denied the motion to dismiss. Specifically, the judge found that Ohio statutes were not clear on whether a transgender individual could obtain a birth certificate change, violations of due process were properly alleged, and that the argument that preventing birth certificate changes served a state interest lacked merit. (2019 WL 11791719)

Both sides moved for summary judgment on January 16, 2020. On December 16, 2020, Judge Watson granted the plaintiffs' motion for summary judgment and denied the government's; Judge Watson based this on a logical disconnect between Ohio’s stated reasons for denying the documentation (historical accuracy and preventing fraud) and the fact that the state had, as recently as 2016, allowed transgender people to change the sex marker on state documents. (507 F.Supp.3d 925)

On February 1, 2021, the plaintiffs filed a motion for attorney fees. On March 26, the court stayed this motion pending a joint status report detailing the discussions between the parties on the attorney fees motion and the government's compliance with the December 16 order.

On June 23, 2021, Judge Watson signed a consent judgment which stipulated that the government would issue correct documents to the plaintiffs reflecting their gender identity, would seal the incorrect documents in a vault away from the public, and that the decision in this case would affect only the parties to the case and not other transgender people seeking similar relief in Ohio.

On August 23, 2021, the court signed a consent judgment pertaining to the issue of attorney's fees, as the two parties had agreed for the defendants to pay $380,000 in fees to the plaintiffs. The court also stated that it would retain jurisdiction over any issues regarding the substantive consent judgment.

Summary Authors

Jake Parker (6/11/2018)

Carter Powers Beggs (10/31/2019)

John Duffield (7/21/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6853216/parties/ray-v-director-ohio-department-of-health/


Judge(s)

Vascura, Chelsey M. (Ohio)

Watson, Michael H. (Ohio)

Attorneys(s) for Plaintiff

Arkles, Gabriel (New York)

Becker, Susan Jane (Ohio)

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Ingelhart, Kara N. (Illinois)

Knight, John A. (Illinois)

Levenson, Freda J. (Ohio)

Picasso, Malita (New York)

Judge(s)

Vascura, Chelsey M. (Ohio)

Watson, Michael H. (Ohio)

Attorneys(s) for Plaintiff

Arkles, Gabriel (New York)

Becker, Susan Jane (Ohio)

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Ingelhart, Kara N. (Illinois)

Knight, John A. (Illinois)

Levenson, Freda J. (Ohio)

Picasso, Malita (New York)

Renn, Peter C. (California)

Roach, Jennifer S. (Ohio)

Attorneys(s) for Defendant

Appel, Henry G (Ohio)

Blake, Jason J. (Ohio)

Inglehart, Kara (Illinois)

Lucas, Albert J. (Ohio)

Moses, Kimberly (Ohio)

Documents in the Clearinghouse

Document

2:18-cv-00272

Docket [PACER]

Ray v. Director, Ohio Department of Health

July 20, 2021

July 20, 2021

Docket
1

2:18-cv-00272

Complaint

Ray v. Director, Ohio Department of Health

March 29, 2018

March 29, 2018

Complaint
9

2:18-cv-00272

Order

Ray v. Director, Department of Health

2018 WL 8804858

April 5, 2018

April 5, 2018

Order/Opinion
31

2:18-cv-00272

Opinion and Order

Ray v. Director, Ohio Department of Health

2018 WL 4907080

Oct. 10, 2018

Oct. 10, 2018

Order/Opinion
47

2:18-cv-00272

Opinion and Order

Ray v. Director, Ohio Department of Health

2019 WL 11791719

Sept. 12, 2019

Sept. 12, 2019

Order/Opinion
80

2:18-cv-00272

Opinion and Order

Ray v. McCloud

507 F.Supp.3d 925

Dec. 16, 2020

Dec. 16, 2020

Order/Opinion
96

2:18-cv-00272

Consent Judgment

Ray v. McCloud

June 23, 2021

June 23, 2021

Order/Opinion
102

2:18-cv-00272

Consent Judgment

Ray v. McCloud

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6853216/ray-v-director-ohio-department-of-health/

Last updated Aug. 8, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lance Himes, Judith Nagy, Karen Sorrell ( Filing fee $ 400 paid - receipt number: 0648-6379163), filed by Stacie Ray, Ashley Breda, Jane Doe, Basil Argento. (Levenson, Freda) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

RECAP
2

MOTION for Protective Order and Leave to Proceed Anonymously by Plaintiff Jane Doe. (Attachments: # 1 Proposed Order) (Levenson, Freda) (Entered: 03/29/2018)

1 Proposed Order

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March 29, 2018

March 29, 2018

PACER
3

NOTICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray re 1 Complaint Civil Cover Sheet (Attachments: # 1 Civil Cover Sheet Attachment) (Levenson, Freda) (Entered: 03/29/2018)

1 Civil Cover Sheet Attachment

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March 29, 2018

March 29, 2018

PACER
4

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6379346) of Gabriel Arkles, by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit Certificate of Good Standing) (Levenson, Freda) Modified text on 3/29/2018 (daf). Modified text on 3/30/2018 (ew). (Entered: 03/29/2018)

1 Exhibit Certificate of Good Standing

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March 29, 2018

March 29, 2018

RECAP
5

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6379365) of Kara N. Ingelhart by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit) (Levenson, Freda) Modified text on 3/30/2018 (ew). (Entered: 03/29/2018)

1 Exhibit

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March 29, 2018

March 29, 2018

PACER
6

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 268N9NBJ) of John Knight by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit) (Levenson, Freda) Modified text on 3/30/2018 (ew). (Entered: 03/29/2018)

1 Exhibit

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March 29, 2018

March 29, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6379402) of Peter C. Renn by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit) (Levenson, Freda) Modified text on 3/30/2018 (ew). (Entered: 03/29/2018)

1 Exhibit

View on PACER

March 29, 2018

March 29, 2018

PACER
8

NOTAION ORDER granting 4, 5, 6, and 7 Motions for Leave to Appear Pro Hac Vice of Gabriel Arkles, Kara N. Ingelhart, John Knight, and Peter C. Renn, conditional upon Counsel registering for electronic filing or seeking leave to be excused from doing so within fourteen (14) days. By Magistrate Judge Chelsey M. Vascura on 3/30/2018. (agm) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
9

ORDER granting Plaintiff's 2 Motion for Protective Order and Leave to Proceed Anonymously. Signed by Magistrate Judge Chelsey M. Vascura on 4/5/2018. (kpt) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER

File Document Under Seal

April 5, 2018

April 5, 2018

PACER

Sealed Access was granted by the Court to permit counsel to file documents containing the full name of Plaintiff Jane Doe under seal pursuant to 9 . (ew)

April 5, 2018

April 5, 2018

PACER

Order on Motion to File Document Under Seal

April 5, 2018

April 5, 2018

PACER

The Clerk's Office has provided sealed access to counsel to file documents containing the full name of Plaintiff Jane Doe under seal pursuant to 9 . (ew)

April 5, 2018

April 5, 2018

PACER
10

NOTICE of Appearance by Henry G. Appel for Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics (Appel, Henry) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
11

WAIVER OF SERVICE Returned Executed. Waiver sent to all defendants on 3/29/2018. Answers due 05/29/2018. (Appel, Henry) Modified text on 4/10/2018 (ew). (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
12

NOTICE by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics Stipulated Extension of Time to Move or Plead (Appel, Henry) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER

Set/Reset Deadlines: Chief, Office of Vital Statistics answer due 6/19/2018; Director, Ohio Department of Health answer due 6/19/2018; State Registrar, Office of Vital Statistics answer due 6/19/2018. (er)

May 23, 2018

May 23, 2018

PACER

Set/Reset Deadlines

May 23, 2018

May 23, 2018

PACER
13

NOTICE of Hearing: Preliminary Pretrial Conference set for 7/16/2018 at 1:30 PM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
14

NOTICE by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics Notice of Withdrawal and Substitution of Counsel (Lucas, Albert) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
15

Unopposed MOTION for Extension of Time New date requested 7/6/2018. by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit A) (Lucas, Albert) (Entered: 06/15/2018)

1 Exhibit A

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June 15, 2018

June 15, 2018

PACER
16

ORDER granting 15 Motion for Extension of Time. Defendants shall have until July 6, 2018, to move or otherwise plead in this matter. Signed by Magistrate Judge Chelsey M. Vascura on 6/18/2018. (daf) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER

Set/Reset Deadlines

June 18, 2018

June 18, 2018

PACER

Set/Reset Answer Deadlines as to All Defendants. (daf)

June 18, 2018

June 18, 2018

PACER
17

RE-NOTICE of Hearing: Preliminary Pretrial Conference reset for 7/18/2018 03:00 PM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
18

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit 1: Ohio Vital Statistics Birth Occurrence File, # 2 Exhibit 2: Certification of Birth Abstract) (Blake, Jason) (Entered: 07/06/2018)

1 Exhibit 1: Ohio Vital Statistics Birth Occurrence File

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2 Exhibit 2: Certification of Birth Abstract

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July 6, 2018

July 6, 2018

RECAP
19

RULE 26(f) REPORT by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 7/18/2018. (agm)

July 18, 2018

July 18, 2018

PACER

Pretrial Conference - Initial

July 18, 2018

July 18, 2018

PACER
20

PRELIMINARY PRETRIAL ORDER: This case is referred to the March 2019 SETTLEMENT WEEK. Joinder of Parties due by 8/20/2018. Motions to Amend due by 8/20/2018. Rule 26(a)(1) Disclosures due by 8/20/2018. Primary Expert due by 4/1/2019. Rebuttal Expert due by 5/1/2019. Discovery due by 6/1/2019. Dispositive motions due by 7/15/2019. Settlement Week due by 3/1/2019. Signed by Magistrate Judge Chelsey M. Vascura on 7/19/2018. (daf) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
21

MOTION to Stay Discovery by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
22

Emergency MOTION to Stay in Interim by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Text of Proposed Order Proposed Order) (Blake, Jason) (Entered: 07/20/2018)

1 Text of Proposed Order Proposed Order

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July 20, 2018

July 20, 2018

PACER
23

RESPONSE in Opposition re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
24

RESPONSE in Opposition re 22 Emergency MOTION to Stay in Interim filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
25

REPLY to Response to Motion re 22 Emergency MOTION to Stay in Interim filed by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
26

ORDER granting 22 Motion to Stay. Discovery in this case, including the initial disclosure deadlines set forth in the Court's Preliminary Pretrial Order, is stayed pending resolution of Defendants' Motion to Stay Discovery. Signed by Magistrate Judge Chelsey M. Vascura on 8/2/2018. (daf) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
27

RESPONSE in Opposition re 21 MOTION to Stay Discovery filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Levenson, Freda) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
28

REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit) (Blake, Jason) (Entered: 08/10/2018)

1 Exhibit

View on PACER

Aug. 10, 2018

Aug. 10, 2018

PACER
29

NOTICE of Substitution of Counsel - Jennifer S Roach substituting for David J. Carey as to Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Roach, Jennifer) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

RECAP
30

REPLY to Response to 21 Motion to Stay Discovery filed by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) Modified text on 8/27/2018 (ew). (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

RECAP

Reply to Response to Motion

Aug. 24, 2018

Aug. 24, 2018

PACER

This entry was created by the Clerk's office for case management purposes to use the correct filing event, Reply to Response to Motion, for ECF 30 . (ew)

Aug. 24, 2018

Aug. 24, 2018

PACER
31

OPINION AND ORDER denying 21 Motion to Stay. Signed by Magistrate Judge Chelsey M. Vascura on 10/10/2018. (daf) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

RECAP
32

NOTICE of Appearance by David J. Carey for Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray (Carey, David) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
33

CERTIFICATE OF SERVICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray re 32 Notice of Appearance (Carey, David) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
34

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Chelsey M. Vascura on 12/6/18. (sem) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
35

ORDER - Counsel to confer as soon as practicable and inform the Court via email by 3/1/2019 if this case should NOT be set for March 2019 Settlement Week. Signed by Magistrate Judge Chelsey M. Vascura on 2/25/2019. (agm) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
36

NOTICE by Defendant State Registrar, Office of Vital Statistics Notice of Withdrawal (Moses, Kimberly) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

RECAP

Order

March 26, 2019

March 26, 2019

PACER

Telephone Conference

March 26, 2019

March 26, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 3/26/2019. (agm)

March 26, 2019

March 26, 2019

PACER
38

NOTATION ORDER EXTENDING CASE SCHEDULE - Primary Expert due by 7/1/2019. Rebuttal Expert due by 7/30/2019. Discovery due by 8/30/2019. Dispositive motions due by 10/14/2019. by Magistrate Judge Chelsey M. Vascura on 3/26/2019. (agm) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
39

Unopposed MOTION to Substitute Party Director, Ohio Department of Health by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

RECAP
40

NOTICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray of Supplemental Information (Attachments: # 1 Exhibit Ex. A to Notice) (Bonham, Elizabeth) (Entered: 07/01/2019)

1 Exhibit Ex. A to Notice

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July 1, 2019

July 1, 2019

PACER
41

NOTATION ORDER granting 39 Motion to Substitute Party. Amy Acton added. By Magistrate Judge Chelsey M. Vascura on 7/2/2019. (agm) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Order on Motion to Substitute Party

July 2, 2019

July 2, 2019

PACER
42

Response re 40 Notice (Other) by Defendants Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Telephone Conference

July 26, 2019

July 26, 2019

PACER

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Telephone Conference held on 7/26/2019. (agm)

July 26, 2019

July 26, 2019

PACER
44

ORDER memorializing the telephonic discovery conference held on July 26,2019. Signed by Magistrate Judge Chelsey M. Vascura on 7/26/2019. (daf) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
45

Joint MOTION for Extension of Time to Complete Discovery New date requested 10/29/2019. by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 08/14/2019)

Aug. 14, 2019

Aug. 14, 2019

PACER
46

NOTATION ORDER granting 45 Motion for Extension of Time. By Magistrate Judge Chelsey M. Vascura on 8/15/2019. (agm) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER

Set/Reset Columbus PPTO Deadlines

Aug. 15, 2019

Aug. 15, 2019

PACER

Order on Motion for Extension of Time to Complete Discovery

Aug. 15, 2019

Aug. 15, 2019

PACER

Set/Reset Columbus PPTO Deadlines: Discovery due by 10/29/2019. Dispositive motions due by 1/10/2020. (agm)

Aug. 15, 2019

Aug. 15, 2019

PACER
47

OPINION and ORDER denying 18 Defendants' Motion to Dismiss for Failure to State a Claim. Signed by Judge Michael H. Watson on 9/12/19. (jk) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

RECAP
48

ANSWER to 1 Complaint with Jury Demand filed by All Defendants. (Blake, Jason) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

RECAP
49

Joint MOTION Set Briefing Schedule by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Text of Proposed Order) (Bonham, Elizabeth) (Entered: 11/12/2019)

1 Text of Proposed Order

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Nov. 12, 2019

Nov. 12, 2019

PACER
50

ORDER granting 49 Motion to Set Briefing Schedule. Signed by Magistrate Judge Chelsey M. Vascura on 11/13/2019. (daf) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Set/Reset Columbus PPTO Deadlines

Nov. 13, 2019

Nov. 13, 2019

PACER

Reset deadlines pursuant to 50 : Cross Motions for Summary Judgment due by 1/16/2020. Responses due by 1/13/2020. Replies due by 2/27/2020. (ew)

Nov. 13, 2019

Nov. 13, 2019

PACER

Set/Reset Columbus PPTO Deadlines

Nov. 14, 2019

Nov. 14, 2019

PACER

Set/Reset Columbus PPTO Deadlines

Nov. 15, 2019

Nov. 15, 2019

PACER

Set/Reset Modified Deadlines: Re: cross motions for summary judgment - Responses due by 2/13/2020 Replies due by 2/27/2020. (jlk)

Nov. 15, 2019

Nov. 15, 2019

PACER
51

Joint MOTION to File Document Under Seal and to File Single Copies of Deposition Transcripts by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Text of Proposed Order Granting Leave to File under Seal) (Bonham, Elizabeth) (Entered: 01/07/2020)

1 Text of Proposed Order Granting Leave to File under Seal

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Jan. 7, 2020

Jan. 7, 2020

PACER
52

Unopposed MOTION Leave to Exceed Page Limitations by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Text of Proposed Order) (Blake, Jason) (Entered: 01/08/2020)

1 Text of Proposed Order

View on PACER

Jan. 8, 2020

Jan. 8, 2020

PACER
53

ORDER granting in part and denying in part 51 Motion to File Document Under Seal and to File Single Copies of Deposition Transcripts. Signed by Magistrate Judge Chelsey M. Vascura on 1/9/2020. (daf) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
54

Unopposed MOTION to Seal by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Text of Proposed Order) (Bonham, Elizabeth) Modified event on 1/10/2020 (ew). (Entered: 01/09/2020)

1 Text of Proposed Order

View on PACER

Jan. 9, 2020

Jan. 9, 2020

PACER
55

DEPOSITION of Judith Nagy taken on August 2, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

RECAP
56

DEPOSITION of Randi Ettner, Ph.D. taken on September 18, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
57

DEPOSITION of Quentin Van Meter, M.D. taken on September 27, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

RECAP
58

DEPOSITION of Ryan Gorton, M.D. taken on October 8, 2019 by Defendants Amy Acton, Chief, Office of Vital Statistics, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

RECAP
59

ORDER granting 54 Motion to File Document Under Seal. Signed by Magistrate Judge Chelsey M. Vascura on 1/10/2020. (daf) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
64

DEPOSITION of Basil Argento taken on August 29, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

RECAP

Order on Motion for Miscellaneous Relief

Jan. 14, 2020

Jan. 14, 2020

PACER
65

DEPOSITION of Ashley Breda taken on August 21, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

RECAP
66

DEPOSITION of Jane Doe taken on September 13, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

RECAP
67

DEPOSITION of Stacie Ray taken on August 19, 2019 by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

RECAP
68

NOTATION ORDER granting 52 Motion for Leave to Exceed Page Limitations. By Magistrate Judge Chelsey M. Vascura on 1/14/2020. (agm) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
69

MOTION for Summary Judgment by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Attachments: # 1 Exhibit List, # 2 Exhibit A - Defendants' Response to Interrogatory 3, # 3 Exhibit B - ODH Deposition Exhibits 5 and 6, # 4 Exhibit C - U Gender marker changed, # 5 Exhibit D - Gender marker changed to H, # 6 Exhibit E - Expert Report of Dr. Randi Ettner, # 7 Exhibit F - Expert Report of Dr. Ryan Gorton, # 8 Exhibit G - Defendants' Response to Interrogatory 2) (Bonham, Elizabeth) (Entered: 01/16/2020)

1 Exhibit List

View on PACER

2 Exhibit A - Defendants' Response to Interrogatory 3

View on PACER

3 Exhibit B - ODH Deposition Exhibits 5 and 6

View on PACER

4 Exhibit C - U Gender marker changed

View on PACER

5 Exhibit D - Gender marker changed to H

View on PACER

6 Exhibit E - Expert Report of Dr. Randi Ettner

View on PACER

7 Exhibit F - Expert Report of Dr. Ryan Gorton

View on RECAP

8 Exhibit G - Defendants' Response to Interrogatory 2

View on PACER

Jan. 16, 2020

Jan. 16, 2020

RECAP
71

REDACTED MOTION for Summary Judgment by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Attachments: # 1 Exhibit Nagy Affidavit, # 2 Exhibit Ohio Vital Stat. Birth Occurrence File Layout, # 3 Exhibit Certificate of Birth Abstract) (Lucas, Albert) Modified text on 2/20/2020 (agm). (Entered: 01/16/2020)

1 Exhibit Nagy Affidavit

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2 Exhibit Ohio Vital Stat. Birth Occurrence File Layout

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3 Exhibit Certificate of Birth Abstract

View on PACER

Jan. 16, 2020

Jan. 16, 2020

PACER
72

RESPONSE in Opposition re 71 MOTION for Summary Judgment filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

RECAP
73

RESPONSE in Opposition re 69 MOTION for Summary Judgment filed by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
74

REPLY to Response to Motion re 69 MOTION for Summary Judgment filed by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray. (Bonham, Elizabeth) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
75

REPLY to Response to Motion re 71 MOTION for Summary Judgment filed by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
76

NOTICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray Notice of Supplemental Authority (Bonham, Elizabeth) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
77

NOTICE by Plaintiffs Basil Argento, Ashley Breda, Jane Doe, Stacie Ray Notice of Withdrawal of Gabriel Arkles as Co-Counsel (Levenson, Freda) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
78

Unopposed MOTION to Substitute Party by Defendants Amy Acton, Chief, Office of Vital Statistics, Director, Ohio Department of Health, State Registrar, Office of Vital Statistics. (Blake, Jason) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
79

NOTATION ORDER granting 78 Motion to Substitute Party. Stephanie McCloud added. Amy Acton (in her official capacity) terminated. By Magistrate Judge Chelsey M. Vascura on 12/8/2020. (agm) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER

Order on Motion to Substitute Party

Dec. 8, 2020

Dec. 8, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 29, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four transgender individuals who sought to change their Ohio birth certificates to reflect their gender identity.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of Ohio, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Document/information produced

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 380000

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Drivers Licenses

Gay/lesbian/transgender

Government Services

Record-keeping

Discrimination-basis:

Gender identity

Type of Facility:

Government-run