RAY V. OHIO DEPARTMENT OF HEALTH | Civil Rights Litigation Clearinghouse

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

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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. …

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.

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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)

Attorney Contact Information via CourtListener

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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	April 5, 2018	April 5, 2018 Order/Opinion
31 2:18-cv-00272	Opinion and Order Ray v. Director, Ohio Department of Health	Oct. 10, 2018	Oct. 10, 2018 Order/Opinion
47 2:18-cv-00272	Opinion and Order Ray v. Director, Ohio Department of Health	Sept. 12, 2019	Sept. 12, 2019 Order/Opinion
80 2:18-cv-00272	Opinion and Order Ray v. McCloud	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

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Resources

Title	Description		External URL Date / External URL
Ray et al. v. Himes et al. ACLU Ohio	Ohio, Tennessee, and Puerto Rico are the only U.S. jurisdictions that do not allow transgender people to correct the gender marker on their birth certificates. A birth certificate is an identity docu…	March 29, 2018	March 29, 2018 https://www.acluohio.org/...

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Docket

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

Last updated Feb. 4, 2023, 3:22 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 View on PACER	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 View on PACER	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 View on RECAP	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 View on PACER	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 View on PACER	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
	Order on Motion to 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
	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	May 23, 2018	May 23, 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
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 View on PACER	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 Answer Deadlines as to All Defendants. (daf)	June 18, 2018	June 18, 2018 PACER
	Set/Reset Deadlines	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 View on PACER 2 Exhibit 2: Certification of Birth Abstract View on PACER	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 View on PACER	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
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
	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
	Telephone Conference	March 26, 2019	March 26, 2019 PACER
	Order	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 View on PACER	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
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
	Order on Motion to Substitute Party	July 2, 2019	July 2, 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
	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
	Telephone Conference	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: Discovery due by 10/29/2019. Dispositive motions due by 1/10/2020. (agm)	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
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 View on PACER	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 View on PACER	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
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
	Order on Motion for Miscellaneous Relief	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 View on PACER 2 Exhibit Ohio Vital Stat. Birth Occurrence File Layout View on PACER 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