Case: Meyers v. Cincinnati Board of Education

1:17-cv-00521 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 7, 2017

Closed Date: June 21, 2021

Clearinghouse coding complete

Case Summary

On August 7, 2017, the plaintiffs, represented by private counsel, filed suit against relevant staff at Carson Elementary School (in the Cincinnati Public School District), the Cincinnati Board of Education and Superintendent on behalf of their deceased son in the United States District Court for the Southern District of Ohio. The plaintiffs’ son was an eight-year-old child who committed suicide after suffering extensive violent bullying. After the child’s autopsy had been conducted, it was rev…

On August 7, 2017, the plaintiffs, represented by private counsel, filed suit against relevant staff at Carson Elementary School (in the Cincinnati Public School District), the Cincinnati Board of Education and Superintendent on behalf of their deceased son in the United States District Court for the Southern District of Ohio. The plaintiffs’ son was an eight-year-old child who committed suicide after suffering extensive violent bullying. After the child’s autopsy had been conducted, it was revealed that school staff failed to inform the plaintiffs that the child had been violently attacked and left unconscious for seven minutes two days before his death.

The plaintiffs sued under § 1983 alleging that their child’s Fourteenth Amendment rights to due process and equal protection were violated. The plaintiffs also alleged violation of state tort laws. Claims against due process were grounded in the right to be kept safe when a special relationship has been created and the right to be free from government action that shocks the conscience. The plaintiffs alleged their child’s right to equal protection had been violated by the difference in how the school handled students who were victims of bullying versus students involved in accidents because parents of students in accidents were properly informed of the circumstances. The plaintiffs sought compensatory and punitive damages, attorneys’ fees, prejudgment interest, and any other relief deemed appropriate by the court. The presiding judge in the Southern District of Ohio was Timothy S. Black.

The defendants filed a motion to dismiss all claims, arguing that the actions described in the complaint failed to constitute adequate pleadings for violations of due process and equal protection. On September 24, 2018, the court granted the motion to dismiss the plaintiffs’ claim that the school-student relationship constitutes a “special relationship” and therefore a constitutional duty. The court further found that holding the the school liable for failing to report child abuse would be an overbroad reading of the state statute. The court denied dismissal of the remaining claims. Court also granted the plaintiffs’ motion to amend their complaint to include the school nurse as a defendant and add a new basis for municipal liability. 343 F. Supp. 3d 714.

In response to the district court denying their motion to dismiss in part, the defendants filed an appeal with the Sixth Circuit based on the Board of Education’s claim for statutory immunity under the Ohio Political Subdivision Tort Liability. The defendants also filed a motion for leave to appeal and motion to stay pending appeal. The motion requested that the court certify three questions to address upon interlocutory appeal: (1) What constitutes an affirmative act to establish a state-created danger claim; (2) What constitutes a conscience-shocking behavior to establish a “shocks the conscience” claim; and (3) Whether an individual can be a member of both the favored and disfavored classes of an equal protection claim. The Sixth Circuit denied the petition for interlocutory appeal on March 26, 2019, because the plaintiffs’ claims were fact-dependent and resolution required further development. On December 29, 2020, the Sixth Circuit affirmed the district court's denial of the motion to dismiss on the basis that the “recklessness” of the defendants’ behavior alleged in the complaint precluded the defendants from utilizing government immunity. 983 F.3d 873.

An acrimonious discovery process between the two parties ensued, including a motion to compel granted in part and denied in part for student records. The discovery process commenced on June 25, 2020, and continued until the qualified settlement was reached on April 19, 2021. The qualified settlement included both monetary and non-monetary terms under the stipulations of dismissing the case with prejudice and a protective order. The defendants agreed to pay $3,000,000.00 into a settlement fund by June 10, 2021. Non-monetary terms included instituting processes to address the issue of bullying in the Cincinnati Public School System and associated monitoring and training for staff. Precise details of the settlement were unavailable. On June 21, 2021, Judge Black signed the order dismissing the case.

Summary Authors

Hannah Juge (10/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6144599/parties/meyers-v-cincinnati-board-of-education/


Judge(s)

Barrett, Michael Ryan (Ohio)

Black, Timothy Seymour (Ohio)

Donald, Bernice Bouie (Tennessee)

Griffin, Richard Allen (Michigan)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Bratton, Janaya Trotter (Ohio)

Byers, Christopher Dale (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Hammond, Christine Marie (Ohio)

Hyatt, Mary Caroline (Ohio)

Judge(s)

Barrett, Michael Ryan (Ohio)

Black, Timothy Seymour (Ohio)

Donald, Bernice Bouie (Tennessee)

Griffin, Richard Allen (Michigan)

Attorneys(s) for Plaintiff

Branch, Jennifer L. (Ohio)

Bratton, Janaya Trotter (Ohio)

Byers, Christopher Dale (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Hammond, Christine Marie (Ohio)

Hyatt, Mary Caroline (Ohio)

Leader, Carl (Ohio)

Stranch, Jane Branstetter (Tennessee)

Young, Gregory Scott (Ohio)

Attorneys(s) for Defendant

Cowan, Spencer S (Ohio)

Herzig, Aaron Mark (Ohio)

Hoying, Daniel Joseph (Ohio)

Smith, Ian R (Ohio)

Stackpole, Peter J. (Ohio)

Welch, John B (Ohio)

Williamson, Philip D. (Ohio)

Winters, Ralph Gary (Ohio)

Woerner, Emily (Ohio)

Documents in the Clearinghouse

Document

1:17-cv-00521

Civil Docket for Case # : 1:17-cv-00521-TSB

June 21, 2021

June 21, 2021

Docket
1

1:17-cv-00521

Complaint and Jury Demand

Aug. 7, 2017

Aug. 7, 2017

Complaint
26

1:17-cv-00521

Order Granting Plaintiffs' Motion to Amend the Complaint and Granting in Part and Denying in Part Defendants' Motion to Dismiss

343 F.Supp.3d 714

Sept. 24, 2018

Sept. 24, 2018

Order/Opinion
27

1:17-cv-00521

First Amended Complaint and Jury Demand

Sept. 25, 2018

Sept. 25, 2018

Complaint
38

1:17-cv-00521

Order Granting Defendants' Motion for Leave to Appeal and Motion doe Stay Pending Appeal (Doc. 29)

Feb. 5, 2019

Feb. 5, 2019

Order/Opinion
58

1:17-cv-00521

0:18-03974

Opinion

U. S. Court of Appeals for the Sixth Circuit

983 F.3d 873

Dec. 29, 2020

Dec. 29, 2020

Order/Opinion
96

1:17-cv-00521

Joint Motion and Application to Establish Qualified Settlement Fund

June 8, 2021

June 8, 2021

Pleading / Motion / Brief
97

1:17-cv-00521

Order Establishing Qualified Settlement Fund and Appointing Fund Adminstrator

June 8, 2021

June 8, 2021

Order/Opinion
100-1

1:17-cv-00521

Settlement Agreement and Release

June 16, 2021

June 16, 2021

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6144599/meyers-v-cincinnati-board-of-education/

Last updated Aug. 15, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6070486), filed by Karen Meyers, Benyam Taye, Cornelia Reynolds. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) (Entered: 08/07/2017)

1 Civil Cover Sheet

View on PACER

Aug. 7, 2017

Aug. 7, 2017

RECAP

Docket Annotation

Aug. 7, 2017

Aug. 7, 2017

PACER
2

NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Karen Meyers, Cornelia Reynolds (Gerhardstein, Alphonse) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
3

NOTICE of Appearance by Janaya Trotter Bratton for Plaintiffs Karen Meyers, Cornelia Reynolds (Bratton, Janaya) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
4

NOTICE by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye re 1 Complaint of manual filing of Ex. A "Video of Carson Elementary School boy's bathroom January 24, 2017" and Ex. B "911 Call Made by Ms. Reynolds on January 26, 2017" (Branch, Jennifer) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
5

NOTICE of Appearance by Carla Leader for Plaintiffs Karen Meyers, Cornelia Reynolds (Leader, Carla) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER

DVD (Ex. A) & CD (Ex. B) re 1 Complaint received this date from Plaintiff and forwarded to the chambers of Judge Timothy S. Black. (eh)

Aug. 7, 2017

Aug. 7, 2017

PACER

If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (jlw)

Aug. 8, 2017

Aug. 8, 2017

PACER

Docket Annotation

Aug. 8, 2017

Aug. 8, 2017

PACER
6

NOTICE of Appearance by Christine Marie Hammond for Plaintiffs Karen Meyers, Benyam Taye (Hammond, Christine) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
7

WAIVER OF SERVICE Returned Executed. Waiver sent to Cincinnati Board Of Education on 8/7/2016, answer due 10/6/2016; Ruthenia Jackson on 8/7/2016, answer due 10/6/2016; Jeffrey McKenzie on 8/7/2016, answer due 10/6/2016. (Branch, Jennifer) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
8

NOTICE of Appearance by Ian R. Smith for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Smith, Ian) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER

Notice of Corrective Docket Entry

Oct. 6, 2017

Oct. 6, 2017

PACER
9

*DISREGARD THIS ENTRY IT WAS FILED IN ERROR* NOTICE of Appearance by Ian R. Smith for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Smith, Ian) Modified to restrict entry to court users only on 10/6/2017 (jlw). (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER

Notice of Correction re: 9 Notice of Appearance, This document was filed in error and restricted at request of counsel. Counsel will refile the correct document and Clerk restricted 9 to court users only. (jlw)

Oct. 6, 2017

Oct. 6, 2017

PACER
10

NOTICE of Appearance by Ralph Gary Winters for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Winters, Ralph) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
11

NOTICE of Appearance by Daniel Joseph Hoying for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Hoying, Daniel) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
12

NOTICE of Appearance by Aaron Mark Herzig for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Herzig, Aaron) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
13

MOTION to Dismiss by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
14

Corporate Disclosure Statement by Defendant Cincinnati Board Of Education. (Herzig, Aaron) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
15

Corporate Disclosure Statement by Defendant Mary Ronan. (Herzig, Aaron) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
16

Corporate Disclosure Statement by Defendant Ruthenia Jackson. (Herzig, Aaron) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
17

Corporate Disclosure Statement by Defendant Jeffrey McKenzie. (Herzig, Aaron) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
18

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss New date requested 11/13/2017. by Plaintiff Karen Meyers. (Branch, Jennifer) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
19

RESPONSE in Opposition re 13 MOTION to Dismiss filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
20

REPLY to Response to Motion re 13 MOTION to Dismiss filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
21

MOTION to Amend/Correct Amend Complaint by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Attachments: # 1 Exhibit Amended Complaint) (Branch, Jennifer) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
22

NOTICE by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye re 21 MOTION to Amend/Correct Amend Complaint of Filing Affidavit of Merit (Attachments: # 1 Affidavit of Merit) (Branch, Jennifer) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
23

NOTICE of Appearance by Philip D. Williamson for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Williamson, Philip) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
24

RESPONSE in Opposition re 21 MOTION to Amend/Correct Amend Complaint CPS Defendants' Response in Opposition to Plaintiffs' Motion to Amend the Complaint filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Attachments: # 1 Exhibit A - Comparison) (Herzig, Aaron) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
25

REPLY to Response to Motion re 21 MOTION to Amend/Correct Amend Complaint filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
26

ORDER granting 21 Motion to Amend the complaint. Plaintiffs shall file the amended complaint forthwith. Granting in part and denying in part 13 Defendants' Motion to Dismiss as follows: Defendants motion to dismiss Counts II and XI is GRANTED, and those claims are DISMISSED. Defendants motion to dismiss Counts I, III, IV, VI, VIII, X, and XII are DENIED, and those claims shall proceed. Defendants motion to dismiss Plaintiffs claim for municipal liability (Count V) is GRANTED as to ground one (unconstitutional policy) and DENIED as to grounds two, three, and four (custom, inadequate training/supervision, ratification). Count V shall so proceed. Defendants motion to dismiss Plaintiffs claim for negligent infliction of emotional distress (Count IX) is DENIED as to ground one (Doc. 21-1 at 202) and GRANTED as to ground two (Id. at 203). Count IX shall so proceed. Signed by Judge Timothy S. Black on 9/24/2018. (ss) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

RECAP
27

AMENDED COMPLAINT against All Defendants, filed by Karen Meyers, Benyam Taye, Cornelia Reynolds. (Branch, Jennifer) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
28

NOTICE OF APPEAL re 26 Order on Motion to Amend/Correct,,,, Order on Motion to Dismiss,,, (Filing fee has been paid, receipt number 0648-6631218) by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
29

MOTION for Leave to Appeal ( Responses due by 10/30/2018), MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
30

NOTICE of Appearance by Peter J Stackpole for Defendant Margaret McLaughlin (Stackpole, Peter) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
31

NOTICE of Appearance by Emily E Woerner for Defendant Margaret McLaughlin (Woerner, Emily) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
32

USCA Case Number 18-3974 for 28 Notice of Appeal, filed by Ruthenia Jackson, Cincinnati Board Of Education, Jeffrey McKenzie and Mary Ronan; case manager Amy E. Gigliotti, 513-564-7012. (er) (Entered: 10/15/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
33

WAIVER OF SERVICE Returned Executed. Waiver sent to Margaret McLaughlin on 9/25/2018, answer due 11/26/2018. (Branch, Jennifer) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
34

MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Leave to Appeal MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal New date requested 11/13/2018. by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Notation Order: This civil action is before the Court on Plaintiffs' unopposed motion for an extension of time to respond to CPS Defendants' motion to certify appeal and motion to stay proceedings. For good cause shown, that motion (Doc. 34 ) is GRANTED. Plaintiffs shall file their response to CPS Defendants' motions (Doc. 29 ) on or before 11/13/18. IT IS SO ORDERED. (bjc)

Oct. 30, 2018

Oct. 30, 2018

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 30, 2018

Oct. 30, 2018

PACER
35

RESPONSE in Opposition re 29 MOTION for Leave to Appeal MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
36

ANSWER with Jury Demand to 27 Amended Complaint filed by Margaret McLaughlin. (Welch, John) Modified docket txt on 11/21/2018 (eh). (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
37

REPLY to Response to Motion re 29 MOTION for Leave to Appeal MOTION to Stay Defendants' Motion for Leave to Appeal and Motion for Stay Pending Appeal Defendants' Reply in Support of Their Motion for Leave to Appeal and Motion for Stay Pending Appeal filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
38

ORDER granting 29 Motion for Leave to Appeal and for Stay pending appeal. The Court hereby STAYS the current action until the Sixth Circuit has ruled on Defendants' appeal. Signed by Judge Timothy S. Black on 2/5/2019. (ss) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

RECAP
39

NOTICE of Appearance by Mary Caroline Hyatt for Plaintiffs Karen Meyers, Cornelia Reynolds (Hyatt, Mary) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
40

MOTION to Lift Stay by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 04/19/2019)

April 19, 2019

April 19, 2019

PACER
41

RESPONSE in Opposition re 40 MOTION to Lift Stay Defendants' Response in Opposition to Plaintiffs' Motion to Lift Stay filed by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
42

REPLY to Response to Motion re 40 MOTION to Lift Stay filed by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
43

ORDER granting 40 Plaintiffs' Motion to Lift Stay. Signed by Judge Timothy S. Black on 5/29/19. (rrs) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

RECAP
44

ANSWER to 27 Amended Complaint Defendants Cincinnati Board of Education, Mary Ronan, Ruthenia Jackson, and Jeffrey McKenzie's Answer to First Amended Complaint filed by Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan. (Herzig, Aaron) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER

Order

June 18, 2019

June 18, 2019

PACER

Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 7/17/2019 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall comply with the MANDATORY pre-preliminary pretrial conference between counsel, as required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found on our website at: https://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/18/19. (rrs)

June 18, 2019

June 18, 2019

PACER
45

RULE 26(f) REPORT by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

Pretrial Conference - Initial

July 17, 2019

July 17, 2019

PACER

Minute Entry: This civil action came before the Court for a Preliminary Pretrial Conference by telephone on 7/17/2019 at 10:30 a.m. Christine Hammond, Michele Young, and Jennifer Branch appeared on behalf of Plaintiffs; Aaron Herzig, Philip Williamson, Ian Smith, and Ralph Winters appeared on behalf of Defendants Cincinnati Board of Education, Superintendent Mary Ronan, Ruthenia Jackson, and Jeffrey McKenzie; Emily Woerner and John Welch appeared on behalf of Defendant Margaret McLaughlin. A Calendar Order will issue by separate entry. (rrs)

July 17, 2019

July 17, 2019

PACER
46

**VACATED** CALENDAR ORDER: Initial Disclosures due by 8/9/2019. Motions directed to the pleadings due by 30 days following Sixth Circuit ruling on appeal. Motions to amend due by 30 days following Sixth Circuit ruling on appeal. Lay Witness due by 11/1/2019. Status Conference set for 12/31/2019 02:00 PM in Teleconference before Judge Timothy S. Black. Discovery (Fact) due by 1/30/2020. Plaintiff Primary Expert due by 2/28/2020. Defendant Primary Expert due by 4/30/2020. Plaintiff Rebuttal Expert due by 6/15/2020. Discovery (Expert) due by 7/15/2020. Dispositive motions due by 8/14/2020. Final Pretrial Conference set for 1/4/2021 01:00 PM in Chambers before Judge Timothy S. Black. Jury Trial set for 1/11/2021 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 7/17/19. (rrs) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
47

NOTICE by Plaintiffs Karen Meyers, Cornelia Reynolds of Withdrawal Of Attorney Janaya Trotter Bratton (Branch, Jennifer) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER

Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 12/31/2019 at 2:00 p.m. Christine Hammond, Michele Young, and Jennifer Branch appeared on behalf of Plaintiffs; Aaron Herzig, Philip Williamson, and Ralph Winters appeared on behalf of Defendants Cincinnati Board of Education, Superintendent Mary Ronan, Ruthenia Jackson, and Jeffrey McKenzie; John Welch appeared on behalf of Defendant Margaret McLaughlin. The parties agreed on the need to adjust the case calendar. Accordingly, the Calendar Order (Doc. 46 ) is VACATED. An Amended Calendar Order shall issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/2/2020. (rrs)

Dec. 31, 2019

Dec. 31, 2019

PACER

Status Conference

Dec. 31, 2019

Dec. 31, 2019

PACER
48

**VACATED**AMENDED CALENDAR ORDER: Discovery (Fact) due by 3/30/2020. Plaintiff Primary Expert due by 4/30/2020. Defendant Primary Expert due by 6/30/2020. Rebuttal Expert due by 7/30/2020. Discovery (Expert) due by 8/31/2020. Dispositive motions due by 8/31/2020. Final Pretrial Conference set for 1/4/2021 01:00 PM in Chambers before Judge Timothy S. Black. Jury Trial set for 1/11/2021 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 1/2/2020. (rrs) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER

1 - Terminate Deadlines and Hearings

Jan. 2, 2020

Jan. 2, 2020

PACER

Status Conference

Jan. 2, 2020

Jan. 2, 2020

PACER
49

STIPULATED PROTECTIVE ORDER for the protection of confidential information. Signed by Judge Timothy S. Black on 1/31/2020. (rrs) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

RECAP
50

NOTICE of Appearance by Christopher Dale Byers for Plaintiffs Karen Meyers, Benyam Taye (Byers, Christopher) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
51

NOTICE to Take Deposition of Josh Havens, Nili Gubin, Lainey Bush, Linda Hissett, Gabrielle Yancy, and Bradley Tamplin by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
52

NOTICE to Take Deposition of Janice Pitts, Shannon Keach, and Claire Frank by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
53

NOTICE to Take Deposition of Sheila Jenkins by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
54

NOTICE to Take Deposition of Antonio Smith by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Order

June 19, 2020

June 19, 2020

PACER

Notation Order: At the parties' request and pursuant to S.D. Ohio Civ. R. 37.1, this civil action is set for an informal discovery conference by telephone on 6/24/2020 at 1:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Counsel for both parties shall each submit a 1-3 page explanation of the issues presented via email to chambers (black_chambers@ohsd.uscourts.gov) and opposing counsel by 6/22/2020. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/19/2020. (rrs)

June 19, 2020

June 19, 2020

PACER

Notation Order: The informal discovery conference by telephone set for 6/24/2020 in this civil action is hereby VACATED and RESCHEDULED for 6/25/2020 at 1:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/23/2020. (rrs)

June 24, 2020

June 24, 2020

PACER

Terminate Hearings

June 24, 2020

June 24, 2020

PACER

Order AND 1 - Terminate Hearings

June 24, 2020

June 24, 2020

PACER

Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1, this civil action came before the Court for an informal discovery conference by telephone on 6/25/2020 at 1:00 p.m. Jennifer Branch, Al Gerhardstein, Christine Hammond, Christopher Byers, Mary Hyatt, and Michele Young appeared for Plaintiffs; Aaron Herzig, Gary Winters, Philip Williamson, Spencer Cowan, Stephanie Scott, and John Welch appeared for Defendants. The Court provided its recommendations regarding the discovery issues, to wit: (i) On Plaintiffs' deposition limit, the Court instructed Plaintiffs to prioritize key witnesses first and if Plaintiffs need to depose more than fifteen (15) witnesses, Plaintiffs should file a motion for leave to conduct additional depositions. (ii) On Plaintiffs' request for student discipline and behavior logs, the Court found requiring the production of 125 students behavior logs for three school years to be burdensome, however the Court found additional production of student discipline and behavior logs to be appropriate. The parties confirmed that they are open to finding a compromise on the production of additional student discipline and behavior logs. (iii) On Plaintiffs' request for access to the underlying facts gathered from an internal investigation conducted by Defendants, the Court stated that it is open to ordering the Defendants to produce the report for in camera review. The Defendants agreed to affirm by 6/30/2020 whether they will produce the internal investigation report with necessary redactions of privileged information. If the Defendants agree to produce the internal investigation with redactions, they will produce it by 6/30/2020. If the Defendants do not provide the Plaintiffs with the redacted internal investigation report, the Court may order it to be submitted to the Court for in camera review. Defendants stated that if they produce the redacted internal investigation report, they would need to enter a stipulation or agreed order confirming that production of the redacted internal investigation does not waive privilege over other materials or work product. Moreover, the Court directed the Defendants to produce forthwith a privilege log that, at a minimum, reflects when the internal investigation was conducted. (iv) On Plaintiffs' contention that Defendants are in possession of responsive, relevant documents that have not been produced, the Court directed the Defendants to affirm that they are not in possession of any responsive, relevant documents that have not been produced. Separately, the Court CONTINUED the fact discovery deadline to 8/31/2020, and directed the parties to confer and submit a proposed amended calendar order to the Court. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/25/2020. (rrs)

June 25, 2020

June 25, 2020

PACER

Discovery Conference

June 25, 2020

June 25, 2020

PACER

~Util - Set Scheduling Order Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings AND ~Util - Set Trial Management Order Deadlines AND Discovery Conference

June 26, 2020

June 26, 2020

PACER

~Util - Set Scheduling Order Deadlines AND ~Util - Set Trial Management Order Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings AND Discovery Conference

June 26, 2020

June 26, 2020

PACER

~Util - Set Trial Management Order Deadlines AND ~Util - Set Scheduling Order Deadlines AND Discovery Conference AND ~Util - Set Motion and R&R Deadlines/Hearings

June 26, 2020

June 26, 2020

PACER

~Util - Set Trial Management Order Deadlines AND Discovery Conference AND ~Util - Set Scheduling Order Deadlines AND ~Util - Set Motion and R&R Deadlines/Hearings

June 26, 2020

June 26, 2020

PACER
55

NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Linda Hunter, # 2 Exhibit B - Delivery notice) (Herzig, Aaron) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
56

NOTICE by Defendant Margaret McLaughlin of Withdrawal of Counsel (Woerner, Emily) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
57

NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Antonio Smith, # 2 Exhibit B - Return receipt) (Herzig, Aaron) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
58

NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Hamilton County Coroner, # 2 Exhibit B - Service confirmation) (Herzig, Aaron) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
59

NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to CPD Det. Eric Karaguleff, # 2 Exhibit B - Service confirmation) (Herzig, Aaron) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
60

NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Irene Hunter, # 2 Exhibit B - Return receipt) (Herzig, Aaron) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
61

NOTICE by Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan Notice of Filing Subpoena Service Return (Attachments: # 1 Exhibit A - Subpoena to Julie Rachford-Sullivan, # 2 Exhibit B - Return receipt) (Herzig, Aaron) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
62

NOTICE of Appearance by Spencer S Cowan for Defendants Cincinnati Board Of Education, Ruthenia Jackson, Jeffrey McKenzie, Mary Ronan (Cowan, Spencer) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Order

Oct. 16, 2020

Oct. 16, 2020

PACER

Notation Order: This civil action is set for status conference by telephone on 10/20/2020 at 12:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. The parties also informed the Court that they have reached an impasse regarding a discovery issue. Counsel shall each submit a 1-2 page explanation of the issues presented via email to chambers (black_chambers@ohsd.uscourts.gov) and opposing counsel by 10/19/2020. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/16/2020. (rrs)

Oct. 16, 2020

Oct. 16, 2020

PACER
63

MOTION to Compel Student Records by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Attachments: # 1 Exhibit 1 Pltfs First RFPD, # 2 Exhibit 2 Branch ltr Herzig 7.1.20, # 3 Exhibit 3 Branch ltr Herzig 9.25.20, # 4 Exhibit 4 Branch ltr Court 10.19.20) (Branch, Jennifer) (Entered: 10/26/2020)

1 Exhibit 1 Pltfs First RFPD

View on RECAP

2 Exhibit 2 Branch ltr Herzig 7.1.20

View on PACER

3 Exhibit 3 Branch ltr Herzig 9.25.20

View on PACER

4 Exhibit 4 Branch ltr Court 10.19.20

View on PACER

Oct. 26, 2020

Oct. 26, 2020

PACER
64

MOTION to File Document Under Seal Exhibits A through F in support of Motion to Compel by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

Order

Oct. 27, 2020

Oct. 27, 2020

PACER

Notation Order: This civil action is before the Court on the Plaintiffs' motion for leave to file documents under seal (Doc. 64 ). In order to seal court records, a district court must set forth specific findings and conclusions which justify filing documents under seal. See Shane Grp. Inc. v. Blue Cross Blue Shield, 825 F.3d 299, 306 (6th Cir. 2016). The Court cannot make such a finding at this time, thus the Court TEMPORARILY GRANTS Plaintiffs leave to file the documents at issue under seal. The Court will review the sealed documents once they are filed and will rule on Plaintiffs' motion at that time. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/27/2020. (rrs)

Oct. 27, 2020

Oct. 27, 2020

PACER
66

NOTICE to Take Deposition of Dr. Ruthenia Jackson, Jeffrey McKenzie, Margaret McLaughlin, Laura Mitchell, and Carolyn Jones by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
67

Joint MOTION for Extension of Time to Extend Deadlines by Plaintiffs Karen Meyers, Cornelia Reynolds, Benyam Taye. (Branch, Jennifer) Modified Docket Text to remove requested date, multiple dates requested to be extended on 10/29/2020 (bjc). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

Order on Motion for Extension of Time

Nov. 2, 2020

Nov. 2, 2020

PACER

Notation Order: This civil action is before the Court on the parties' joint motion for extension of time. (Doc. 67 ). For good cause shown, that motion (Doc. 67 ) is GRANTED. The Amended Calendar Order (Doc. 48 ) is hereby VACATED. The Second Amended Calendar Order will issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/2/2020. (rrs)

Nov. 2, 2020

Nov. 2, 2020

PACER
68

**VACATED**CALENDAR ORDER: Discovery (Fact) due by 12/11/2020. Plaintiff Primary Expert due by 1/11/2021. Defendant Primary Expert due by 3/12/2021. Rebuttal Expert due by 4/12/2021. Discovery (Expert) due by 5/12/2021. Dispositive motions due by 5/12/2021. Signed by Judge Timothy S. Black on 11/2/2020. (rrs) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Education

Key Dates

Filing Date: Aug. 7, 2017

Closing Date: June 21, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The parents of an eight-year-old child who committed suicide after suffering extensive violent bullying.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cincinnati Board of Education, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 3,000,000.00

Content of Injunction:

Training

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Education

Failure to supervise

Failure to train

Personal injury

Staff (number, training, qualifications, wages)

Suicide prevention

Type of Facility:

Government-run