Case: Disability Rights Ohio v. Multi-County Juvenile Detention Ctr

COMPLAINT against The Buckeye Ranch, Incorporated ( Filing fee $ 400 paid - receipt number: 0648-6562505), filed by Disability Rights Ohio. (Sjoberg-Witt, Kerstin) (Entered: 08/16/2018)

NOTICE by Plaintiff Disability Rights Ohio re 1 Complaint Civil Cover Sheet (Osseck, Laura) (Entered: 08/17/2018)

WAIVER OF SERVICE Returned Executed. Waiver sent to The Buckeye Ranch, Incorporated on 8/17/2018, answer due 10/16/2018. (Meluch, Maribeth) (Entered: 08/17/2018)

ORDER OF RECUSAL. Magistrate Judge Elizabeth Preston Deavers recused. Case reassigned to Magistrate Judge Chelsey M. Vascura for all further proceedings. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/20/2018. (sln) (Entered: 08/20/2018)

NOTICE of Appearance by D Wesley Newhouse, II for Plaintiff Disability Rights Ohio (Newhouse, D) (Entered: 08/23/2018)

MOTION for Preliminary Injunction by Plaintiff Disability Rights Ohio. (Attachments: # 1 Exhibit Declaration of Yoder, # 2 Exhibit Declaration of Osseck) (Newhouse, D) (Entered: 08/23/2018)

1 Exhibit Declaration of Yoder

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2 Exhibit Declaration of Osseck

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NOTICE of Hearing: Telephone Conference set for 8/28/2018 at 10:30 AM before Chief Judge Edmund A. Sargus. (cmw) (Entered: 08/23/2018)

Supplemental MOTION for Preliminary Injunction by Plaintiff Disability Rights Ohio. (Attachments: # 1 Exhibit, # 2 Exhibit) (Newhouse, D) (Entered: 08/27/2018)

RESPONSE in Opposition re 9 Supplemental MOTION for Preliminary Injunction filed by Defendant The Buckeye Ranch, Incorporated. (Meluch, Maribeth) (Entered: 08/27/2018)

Status Conference

Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Telephone Conference held on 8/28/2018. (Court Reporter: Darla Coulter) (cmw)

ORDER - The Court DIRECTED the parties to file simultaneous briefs on September 1, 2018, indicating whether there is any need to further briefing on the parties motions for emergency injunctive relief and whether the parties anticipate the need for a preliminary injunction hearing. Signed by Chief Judge Edmund A. Sargus on 8/28/2018. (cmw) (Entered: 08/29/2018)

MOTION for Preliminary Injunction Hearing by Plaintiff Disability Rights Ohio re 7 MOTION for Preliminary Injunction (Newhouse, D) Modified event and text on 9/6/2018 (er). (Entered: 09/04/2018)

BRIEF re 11 Order, by Defendant The Buckeye Ranch, Incorporated. (Meluch, Maribeth) (Entered: 09/04/2018)

ORDER - The Court will permit DRO to brief the issue as requested. The DRO may file its supplemental brief in support of its Motion for a Preliminary Injunction by September 14, 2018, and Buckeye Ranch may file a response by September 28, 2018. The Court will determine whether a hearing is necessary once the briefing is complete. Signed by Chief Judge Edmund A. Sargus on 9/11/20108. (cmw) (Entered: 09/11/2018)

Supplemental Memorandum Supporting re 12 MOTION for Preliminary Injunction Hearing, 9 Supplemental MOTION for Preliminary Injunction, 7 MOTION for Preliminary Injunction filed by Plaintiff Disability Rights Ohio. (Attachments: # 1 Exhibit, # 2 Exhibit) (Newhouse, D) (Entered: 09/14/2018)

NOTICE by Defendant The Buckeye Ranch, Incorporated Notice of the Defendant The Buckeye Ranch, Inc. of Loss of Requested Video Material (Meluch, Maribeth) (Entered: 09/21/2018)

NOTICE by Plaintiff Disability Rights Ohio re 15 Supplemental - Supporting, Supplemental Declaration of Laura Osseck (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Newhouse, D) (Entered: 09/28/2018)

REPLY to Response to Motion re 9 Supplemental MOTION for Preliminary Injunction filed by Defendant The Buckeye Ranch, Incorporated. (Attachments: # 1 Declaration of Robert Peters, # 2 Exhibit A - Email from L. Osseck 8-16-2018, # 3 Exhibit B - Senate Report on Protection and Advocacy For Mentally Ill Persons Act of 1985, # 4 Exhibit C - Final Rule of U.S. Dept. of Health and Human Services, # 5 Exhibit D - U.S. Government Accountability Offices Report to Congressional Committees) (Meluch, Maribeth) (Entered: 09/28/2018)

MOTION for Leave to Appear Amicus Curiae and to submit brief in support of Defendant The Buckeye Ranch, Inc. by Amicus Acadia Healthcare Company Inc.. (Attachments: # 1 Exhibit BRIEF OF AMICUS CURIAE ACADIA HEALTHCARE IN SUPPORT OF DEFENDANT THE BUCKEYE RANCH, INC, # 2 Exhibit Corporate Disclosure Statement (Acadia Healthcare Inc.)) (Belo, Vladimir) (Entered: 09/28/2018)

ANSWER to 1 Complaint filed by The Buckeye Ranch, Incorporated. (Meluch, Maribeth) (Entered: 10/08/2018)

NOTICE by Plaintiff Disability Rights Ohio Proffer of Evidence (Newhouse, D) (Entered: 10/11/2018)

AMENDED COMPLAINT against The Buckeye Ranch, Incorporated, filed by Disability Rights Ohio. (Newhouse, D) (Entered: 10/12/2018)

NOTICE of Appearance by Matthew Stephen Teetor for Defendant The Buckeye Ranch, Incorporated (Teetor, Matthew) (Entered: 10/12/2018)

NOTICE of Appearance by Michel Marie Jendretzky for Plaintiff Disability Rights Ohio (Jendretzky, Michel) (Entered: 10/12/2018)

RESPONSE in Opposition re 19 MOTION for Leave to Appear Amicus Curiae and to submit brief in support of Defendant The Buckeye Ranch, Inc. filed by Plaintiff Disability Rights Ohio. (Newhouse, D) (Entered: 10/19/2018)

ANSWER to 22 Amended Complaint filed by The Buckeye Ranch, Incorporated. (Meluch, Maribeth) (Entered: 10/26/2018)

REPLY to Response to Motion re 19 MOTION for Leave to Appear Amicus Curiae and to submit brief in support of Defendant The Buckeye Ranch, Inc. filed by Amicus Acadia Healthcare Company Inc.. (Belo, Vladimir) (Entered: 11/02/2018)

First Amended ANSWER to 22 Amended Complaint and, COUNTERCLAIM against The Buckeye Ranch, Incorporated filed by The Buckeye Ranch, Incorporated. (Attachments: # 1 Exhibit - Declaration of Robert F. Peters, III, # 2 Exhibit A - Email Communication from DRO, # 3 Exhibit B - Email Communication to DRO) (Meluch, Maribeth) (Entered: 11/07/2018)

Withdrawn per notice ECF No. 38 *** MOTION for Judgment on the Pleadings AS TO THE FIFTH CLAIM FOR RELIEF IN DISABILITY RIGHTS OHIOS FIRST AMENDED COMPLAINT by Defendant The Buckeye Ranch, Incorporated. (Meluch, Maribeth) Modified text on 1/3/2019 (daf). (Entered: 11/13/2018)

NOTICE of Hearing: Discovery Conference set for 11/15/2018 at 2:30 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 11/14/2018)

Discovery Conference

Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Discovery Conference held on 11/15/2018. (agm)

NOTICE of Hearing: Preliminary Pretrial Conference set for 1/9/2019 at 1:00 PM before Magistrate Judge Chelsey M. Vascura. (agm) (Entered: 11/16/2018)

NOTICE by Defendant The Buckeye Ranch, Incorporated re 18 Reply to Response to Motion,, The Buckeye Ranch, Inc.s Proffer of Evidence (Attachments: # 1 Exhibit Affidavit of Kelli Lady) (Meluch, Maribeth) (Entered: 11/28/2018)

STIPULATION EXTENSION OF TIME TO MOVE OR PLEAD by Plaintiff Disability Rights Ohio. (Jendretzky, Michel) (Entered: 11/28/2018)

Set/Reset Deadlines

Set/Reset Deadlines: Disability Rights Ohio answer due 12/10/2018. (er)

AMENDED COMPLAINT (Second) against The Buckeye Ranch, Incorporated, filed by Disability Rights Ohio. (Jendretzky, Michel) (Entered: 12/04/2018)

NOTICE by Plaintiff Disability Rights Ohio of Filing Second Amended Complaint with Written Consent (Jendretzky, Michel) (Entered: 12/04/2018)

MOTION to Dismiss for Lack of Jurisdiction by Counter Defendant Disability Rights Ohio. (Newhouse, D) (Entered: 12/07/2018)

ANSWER to 34 Amended Complaint and, COUNTERCLAIM Against DRO for Declaratory Judgment, Injunctive Relief, Constitutional Deprivations and Attonrey Fees against The Buckeye Ranch, Incorporated filed by The Buckeye Ranch, Incorporated. (Meluch, Maribeth) (Entered: 12/17/2018)

NOTICE OF WITHDRAWAL OF DOCUMENT by Counter Claimant The Buckeye Ranch, Incorporated, Defendant The Buckeye Ranch, Incorporated re 29 MOTION for Judgment on the Pleadings AS TO THE FIFTH CLAIM FOR RELIEF IN DISABILITY RIGHTS OHIOS FIRST AMENDED COMPLAINT (Meluch, Maribeth) (Entered: 12/18/2018)

ORDER granting 12 Motion for Preliminary Injunction Hearing. Preliminary Injunction Hearing scheduled for 2/20/2019 at 9:00 a.m. before Chief Judge Sargus, Jr. in courtroom number 2.. Signed by Chief Judge Edmund A. Sargus on 12/18/2018. (cmw) (Entered: 12/18/2018)

NOTICE of Hearing: Preliminary Injunction Hearing set for 2/20/2019 at 09:00 AM in Courtroom 2 - Columbus before Chief Judge Edmund A. Sargus. (cmw) (Entered: 12/18/2018)

RULE 26(f) REPORT by Plaintiff Disability Rights Ohio. (Newhouse, D) (Entered: 01/02/2019)

PRELIMINARY PRETRIAL ORDER: The January 9, 2019 preliminary pretrial conference is VACATED. This case is referred to the March 2019 SETTLEMENT WEEK. Joinder of Parties due by 1/31/2019. Motions to Amend due by 1/31/2019. Rule 26(a)(1) Disclosures due by 3/15/2019. Primary Expert due by 4/28/2019. Rebuttal Expert due by 5/22/2019. Discovery due by 6/30/2019. Dispositive motions due by 7/31/2019. Settlement Demand due by 1/30/2019. Response to Settlement Demand due by 2/14/2019. Signed by Magistrate Judge Chelsey M. Vascura on 1/3/2019. (daf) (Entered: 01/03/2019)

MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Disability Rights Ohio. (Newhouse, D) (Entered: 01/07/2019)

Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Dismiss for Lack of Jurisdiction New date requested 2/11/2019. by Defendant The Buckeye Ranch, Incorporated. (Teetor, Matthew) (Entered: 01/25/2019)

NOTATION ORDER granting 44 Motion for Extension of Time to File Response to 43 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 2/11/2019. By Magistrate Judge Chelsey M. Vascura on 1/28/2019. (agm) (Entered: 01/28/2019)

ORDER - Counsel to confer within five (5) business days and inform Court via email by 2/15/2019 if case should not be set for March 2019 Settlement Week. Signed by Magistrate Judge Chelsey M. Vascura on 1/28/2019. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/28/2019)

RESPONSE in Opposition re 43 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant The Buckeye Ranch, Incorporated. (Meluch, Maribeth) (Entered: 02/04/2019)

NOTICE by Defendant The Buckeye Ranch, Incorporated re 18 Reply to Response to Motion,, of Filing Corrected Exhibit (Attachments: # 1 Exhibit C) (Meluch, Maribeth) (Entered: 02/12/2019)

MOTION for Leave to File to Appear as Amici Curiae by Amicus Parties Ohio Children's Alliance, beech brook, Hittle House, New Beginnings Residential Treatment Center, St. Joseph Orphanage. (Belo, Vladimir) (Entered: 02/15/2019)

REPLY to Response to Motion re 43 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Disability Rights Ohio. (Jendretzky, Michel) (Entered: 02/18/2019)

Minute Entry for proceedings held before Chief Judge Edmund A. Sargus: Motion Hearing held on 2/20/2019. (Court Reporter: Darla Coulter) (cmw) (Entered: 02/27/2019)

NOTICE by Plaintiff Disability Rights Ohio of Constitutional Challenge (Newhouse, D) (Entered: 02/28/2019)

NOTICE by Interested Party United States (Wyer, Kathryn) (Entered: 03/15/2019)

NOTATION ORDER - The United States must notify the Court on or before 5/14/2019 whether it intends to intervene or otherwise participate in this matter. By Magistrate Judge Chelsey M. Vascura on 3/18/2019. (agm) (Entered: 03/18/2019)

Order

ORDER granting ECF No. 7 Disability Rights Ohio's Motion for Preliminary Injunction and granting ECF No. 9 Disability Rights Ohio's Motion for Preliminary Injunction. Signed by Chief Judge Edmund A. Sargus on 3/26/2019. (cmw) (Entered: 03/26/2019)

ORDER: Counsel to confer within five (5) business days and inform the Court via e-mail by 5/10/2019 if case should NOT be set for June 2019 Settlement Week. (agm) (Entered: 04/26/2019)

NOTICE by Interested Party United States re 54 Order of Request for Additional Time (Wyer, Kathryn) (Entered: 05/14/2019)

Notice of Mediation Conference: Mediator Loriann Fuhrer to conduct Settlement Week Conference on 6/10/2019 at 09:00 AM. (agm) (Entered: 05/15/2019)

NOTATION ORDER - The United States must notify the Court on or before 7/15/2019 whether it intends to intervene or otherwise participate in this matter. By Magistrate Judge Chelsey M. Vascura on 5/16/2019. (agm) (Entered: 05/16/2019)

Order

Motion for Contempt by Plaintiff Disability Rights Ohio. (Attachments: # 1 Affidavit Newhouse Declaraqtion, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K) (Newhouse, D) (Entered: 05/16/2019)

Transcript

Unopposed MOTION for Extension of Time to File Response/Reply as to 60 Motion for Contempt New date requested 7/4/2019. by Defendant The Buckeye Ranch, Incorporated. (Attachments: # 1 Text of Proposed Order) (Meluch, Maribeth) (Entered: 06/04/2019)

NOTATION ORDER granting 62 Motion for Extension of Time to File Response re 60 Motion for Contempt Responses due by 7/5/2019. By Magistrate Judge Chelsey M. Vascura on 6/6/2019. (agm) (Entered: 06/06/2019)

NOTICE by Plaintiff Disability Rights Ohio Of Intent to Requst Redaction (Newhouse, D) (Entered: 06/10/2019)

MOTION to Redact 61 Transcript,,,, of the hearing testimony of Robert Peters by Plaintiff Disability Rights Ohio. (Newhouse, D) (Entered: 06/24/2019)

ORDER granting 65 Motion to Redact Portions of the Transcript of the Hearing Testimony of Robert Peters. If either party intends to rely upon the transcript of Mr. Peters testimony, they may file a redacted version on the public docket that redacts only the information protected as confidential. Signed by Magistrate Judge Chelsey M. Vascura on 6/25/19. (sem) (Entered: 06/25/2019)

NOTICE by Interested Party United States re 59 Order (Wyer, Kathryn) (Entered: 07/15/2019)

NOTATION ORDER: The United States must notify the Court on or before 9/16/2019 whether it intends to intervene or otherwise participate in this matter. By Magistrate Judge Chelsey M. Vascura on 7/16/2019. (daf) (Entered: 07/16/2019)

Order

STIPULATION of Dismissal by Defendant The Buckeye Ranch, Incorporated. (Attachments: # 1 Exhibit A - Settlement Agreement and Release of Claims) (Meluch, Maribeth) (Entered: 07/31/2019)

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ORDER OF DISMISSAL - The Court hereby GRANTS the parties' Stipulation of Dismissal ECF No. 69 . Signed by Chief Judge Edmund A. Sargus on 8/5/2019. (cmw) (Entered: 08/05/2019)

CLERK'S JUDGMENT. Signed by Deputy Clerk on 8/5/2019. (cmw) (Entered: 08/05/2019)

Contempt

ORDER finding as moot 60 Motion for Contempt. Signed by Judge Edmund A. Sargus on 10/23/2019. (plb)