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OBERGEFELL v. WYMYSLO

Case No. 1:13-cv-501.

980 F.Supp.2d 907 (2013)

James OBERGEFELL, et al., Plaintiffs, v. Theodore E. WYMYSLO, M.D., et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

November 1, 2013.

Attorney(s) appearing for the Case

> Alphonse Adam Gerhardstein , Jacklyn Gonzales Martin , Jennifer Lynn Branch , Gerhardstein & Branch Co. LPA, Lisa Talmadge Meeks , Newman & Meeks Co. LPA, Cincinnati, OH, for Plaintiffs.

Aaron Mark Herzig , Terrance A. Nestor , City of Cincinnati, Cincinnati, OH, Bridget C. Coontz , Zachery Paul Keller , Ohio Attorney General's Office, Columbus, OH, for Defendants.

ORDER DENYING THE MOTION TO DISMISS OF DEFENDANT DR. THEODORE WYMYSLO

TIMOTHY S. BLACK, District Judge.

As fully anticipated by all parties, Plaintiff John Arthur died very recently on October 22, 2013. The question now arises whether this lawsuit dies with him. Believing that courts are designed to be places of recourse, and that judges are not to duck legal questions simply because they are difficult or because the initial status quo has changed, this...

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