BALL v. KASICH

Civil Action No. 2:16-cv-282.

PHYLLIS BALL, et al., Plaintiffs, v. JOHN KASICH, et al., Defendants.

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

October 17, 2018.

Editors Note
Applicable Law: 42 U.S.C. § 12101
Cause: 42 U.S.C. § 12101 Americans with Disabilities Act
Nature of Suit: 446 Civil Rights: Americans with Disabilities - Other
Source: PACER


Attorney(s) appearing for the Case

United States, Interested Party, represented by Julia M. Graff , United States Department of Justice.

Phyllis Ball, by her General Guardian, Phyllis Burba, Antonio Butler, individually, Caryl Mason, by her Next Friend Cathy Mason-Jordan, Richard Walters, by his Next Friend Linda Walters, Ross Hamilton, by his Next Friend Sherry Hamilton & The Ability Center of Greater Toledo, in its organizational and representative capacity, Plaintiffs, represented by Kerstin Sjoberg , Disability Rights Ohio, Alison A. McKay , Disability Rights Ohio, Anna M. Krieger , Center for Public Representation, pro hac vice, Cathy E. Costanzo , Center for Public Representation, pro hac vice, John Gribbin Hutchinson , Sidley Austin LLP, pro hac vice, Jonathan Warren Muenz , Sidley Austin LLP, pro hac vice, Kathryn Lesley Rucker , Center for Public Representation, pro hac vice, Kevin J. Truitt , Disability Rights Ohio, Kristen A. Knapp , Sidley Austin LLP, pro hac vice, Neil R. Ellis , Sidley Austin LLP, pro hac vice & Samuel R. Bagenstos , pro hac vice.

Governor John Kasich, in his official capacity, Defendant, represented by Zachery Paul Keller , Ohio Attorney General, Sarah Elaine Pierce , Ohio Attorney General's Office & Tiffany L. Carwile , Ohio Attorney General.

Director John Martin, Director of the Ohio Department of Developmental Disabilities, in his official capacity, Defendant, represented by Larry Holliday James , Crabbe Brown & James, Christopher Robert Green , Crabbe, Brown & James, LLP, Frank David Tice, V , Crabbe, Brown & James, LLP, Robert Charles Buchbinder , Crabbe Brown & James & Vincent James Lodico , Crabbe Brown & James.

Director Kevin Miller, Director of Opportunities for Ohioans with Disabilities, in his official capacity & Barbara Sears, Ohio Department of Medicaid, in her official capacity, Defendants, represented by Julie E. Brigner , Ohio Attorney General's Office, Larry Holliday James , Crabbe Brown & James & Justin T. Radic , Ohio Attorney General's Office.

Norman S. Ray, Defendant, represented by Larry Holliday James , Crabbe Brown & James.

Ohio Provider Resource Association, Intervenor Defendant, represented by Peter A. Lusenhop , Vorys Sater Seymour & Pease, Kara Marie Mundy , Vorys, Sater, Seymour and Pease, LLP & Suzanne Jo Scrutton , Vorys Sater Seymour & Pease.

Ohio Disability Rights Law and Policy Center Inc., Disability Rights Ohio, ThirdParty Defendant, represented by Caroline Gentry , Porter Wright Morris & Arthur & Kathleen M. Trafford , Porter Wright Morris & Arthur.

VOR, Inc., Amicus, represented by Diane Devitt Reynolds , Law Department.

The Arc of Ohio, The Arc of the United States & The Judge David L. Bazelon Center for Mental Health Law, Amicuss, represented by Stephen M. Dane , Relman, Dane & Colfax PLLC.

Ohio Association of County Boards Serving People with Developmental Disabilities, Movant, represented by Franklin J. Hickman , Hickman & Lowder Co., L.P.A. & John Richard Harrison , Hickman & Lowder.

Henry Lahrmann, by his parents and guardians, Movant, pro se.

Henry Lahrmann, by his parents and guardians, Elizabeth Lahrmann, by her parents and guardians, Kelly Jones, by her parent and guardian, Shawna Klein, by her father and guardian, Garry Wojciak, by his sister and guardian, Elizabeth Colombo, by her parents and guardians, Glenn Baxter, by his sister and guardian, Barbara Meola, by her sister and guardian, Tim Collett, by his guardian & Caroline A. Lahrmann, Movants, represented by Robert G. Cohen , Kegler Brown Hill & Ritter, Jason Hayes Beehler , Kegler Brown Hill & Ritter, John Paul Brody , Kegler Brown Hill & Ritter, Roger Philip Sugarman , Kegler Brown Hill & Ritter & William Choslovsky , Ginsberg Jacobs LLC, pro hac vice.

Elizabeth Lahrmann, by her parents and guardians, Movant, pro se.

Kelly Jones, by her parent and guardian, Movant, pro se.

Shawna Klein, by her father and guardian, Movant, pro se.

Garry Wojciak, by his sister and guardian, Movant, pro se.

Elizabeth Colombo, by her parents and guardians, Movant, pro se.

Glenn Baxter, by his sister and guardian, Movant, pro se.

Barbara Meola, by her sister and guardian, Movant, pro se.

Mary Anne Meola, by her sister and guardian, Movant, pro se.

Mary Anne Meola, by her sister and guardian, Movant, represented by Robert G. Cohen , Kegler Brown Hill & Ritter, Jason Hayes Beehler , Kegler Brown Hill & Ritter, John Paul Brody , Kegler Brown Hill & Ritter & Roger Philip Sugarman , Kegler Brown Hill & Ritter.

Tim Collett, by his guardian, Movant, pro se.

Anita L. Ray, Movant, pro se.

Frank R. Magoto, address unknown, Movant, pro se.

Melissa W. Bixler, Ph.D, Parent, guardian and pro se counsel for Tyler Wells Baxler, Movant, pro se.

Steven J. Frasher, by his guardian, Julie Mitchell, Movant, pro se.

David James Ott, by his mother and guardian, Movant, pro se.

Patrick Yahner, by his sister and guardian, Movant, pro se.

Michael Chapman, and his guardian Robert Chapman (Brother), Movant, pro se.

Matthew Ortel, submitted by his mother and guardian Lisa Fairchild, Movant, pro se.

Jeannie Roberds, by Karen Wherry, guardian, Movant, pro se.

Mark J. Gordon, by Mrs. Lee L. Yenny, Movant, pro se.

Joseph Klee, by his parents and guardians, Movant, pro se.

Dana B. Bauer, Brother, Legal Guardian and pro se counsel for Keith A. Bauer, Movant, pro se.

Shuntate M. Johnson, by parent Willie M. Johnson, Movant, pro se.

Jesse Coffield, by his parents Robin & Jerry Coffield, Movant, pro se.

Linda Sue Wagler, by her mother and guardian Mary Wagler, Movant, pro se.

Scott A. Link, by Thomas L. Link, father and guardian, Movant, pro se.

Richard Stalko, by John Laurd, Guardian and Brother, Movant, pro se.

Steven Tomassini, by Margret Gfoeller, parent and guardian, Movant, pro se.

Judith A LaMusga, Guardian, Movant, pro se.

Lisa Freson, Mother, guardian and pro se counsel for Lauren Freson, Movant, pro se.

Caroline A. Lahrmann, Movant, pro se.

Jonathan F. Miller, bu his parents and guardians, Movant, pro se.

Jon Larsen, by his guardian, Movant, pro se.

Shane Davis, by James Davis, Father and Legal Guardian, Movant, pro se.

John A. Guira, by Dr. Alex C. Guira, Father and Guardian, Movant, pro se.

James Young, by Casondra Hand, Mother and Guardian, Movant, pro se.

Sylvia Porter, by Shirley A. Marbury, Movant, pro se.

Wendi Gillespie, submitted by Sam Gillespie, Father & Guardian, Movant, pro se.

James Blue, submitted by Jack L. Blue, Guardian and Brother, Movant, pro se.

James Blue, submitted by Carol A. Lincicome, Guardian and Sister, Movant, pro se.

Frank Urbanek, submitted by Frances Burke, Guardian and Pro Se Counsel, Movant, pro se.

James F. Torch, submitted by Glenda J. Burke, Guardian and Sister, Movant, pro se.

Steven L. Torch, submitted by Glenda J. Burke, Guardian and Sister, Movant, pro se.

C. William Purcell, Guardian of John William Purcell, Movant, pro se.

Luanne West, Sister/Guardian and pro se counsel for Mark Morris, Movant, pro se.

George A. Blue, Brother, Guardian for James Blue, Movant, pro se.

Doug Koebel, Movant, pro se.

Craig Handlin, by his parents and guardians, Movant, pro se.

Mary Jo Conroy, by Karen Herrmann, sister/guardian, Movant, pro se.

Kevin Davis, by guardians and parents, Movant, pro se.

Randy Piwricki, by guardian Theresa McKinniss, Movant, pro se.

Martha Forquer, by her guardians, Movant, pro se.

Gordon Zorich, by his father and guardian, Movant, pro se.

Anthony J. Rotolo, by his guardians, Movant, pro se.

Carolyn Sue Indiciani, by her sister and guardian, Movant, pro se.

Frank Garritano, by his sister and guardian, Movant, pro se.

Daniel J. Whitacre, by his guardians, Movant, pro se.

Josephine L. Zamarelli, by her guardians, Movant, pro se.

Donald Wire, by guardian Martha Cornwell, Movant, pro se.

Greg Wasylik, by his guardian Martha Cornwell, Movant, pro se.

Linda S. Kiplinger, by her sister and guardian, Movant, pro se.

Thomas E. DeMatteo, by his guardians, Movant, pro se.

Lisa M. Swisshelm, by her guardian, Movant, pro se.

Jeffrey Harris, by his parent and guardian, Movant, pro se.

Jessica Alexander, by her mother and step-father, Movant, pro se.

Amy Humphrey, by her parent and guardian, Movant, pro se.

Lisa Paul, Siter, guardian and pro secounsel for Mitchell Paul, Movant, pro se.

Kerry O. Billington, by his guardian and father, Movant, pro se.

Andrew Panasek, by his guardian, Movant, pro se.

Amanda Bolyard, by her guardian, Movant, pro se.

Mark Burkholder, by his guardian, Movant, pro se.

Melissa Gross, by her guardian, Movant, pro se.

Emily Spisak, by her guardians, Movant, pro se.

Elizabeth M. John, by her parent/guardian, Movant, pro se.

David R. Miller, by his guardian and brother, Movant, pro se.

Joanie Fischbach, Mother, Guardian of Rachel Fischbach, Movant, pro se.

Rebecca M. Stevens, Parent Guardian of David K Stevens Jr., Movant, pro se.

Nada Hanes, Mother, Guardian of Stephanie Hanes, Movant, pro se.

Rebecca Toman, Mother, Guardian of Sephora Toman, Movant, pro se.

Robert Toman, Father, Guardian of Sephora Toman, Movant, pro se.

Peggy Wichert, Mother, Guardian of Jaymes Wichert, Movant, pro se.

Lori L. Wise, Guardian of Jack Dudley Eckels, Movant, pro se.

Julia Martin, Mother, Guardian of Tammy Ryen, Movant, pro se.

Wanda Hagan, Guardian, Movant, pro se.

Mary Wagler, Mother & Guardian of Linda Sue Wagler, Movant, pro se.

Shirley Berrisford, Mother & Guardian of Jill Berrisford, Movant, pro se.

Marilyn Hansen, Mother of Michael L. Henley, Movant, pro se.

Inice McGaha, Mother of Debbie McGaha, Movant, pro se.

Roxanne Schnabel, Mother of Melissa McDonald, Movant, pro se.

Theresa McCraw, on behalf of John Luke McCraw, III, Movant, pro se.

Daniel M. O'Brien, Father, Guardian, Movant, pro se.

Michael Joseph Wichert, Father of Jaymes Taylor Wichert, Movant, pro se.

Kim Aebie, Mother, Co-legal Guardian of Ryan James Aebie, Movant, pro se.

Todd J. Aebie, Father, Co-legal Guardian of Ryan James Aebie, Movant, pro se.

W. Matt Lehner, Father of Noah Lehner Yates, Movant, pro se.

Theresa Cattell, Sister & Guardian, Movant, pro se.

Linda Hotze Williams, Sister of Robert Wayne Hotze, Movant, pro se.

Selina Ann Jackson, Mother, Guardian of Jonathon Lenzer, Movant, pro se.

Carlos Lopez, Father, Guardian of Cheri Nicole Lopez, Movant, pro se.

Cynthia Lopez, Mother, Guardian of Cheri Nicole Lopez, Movant, pro se.

Glenn Baxter, by his sister and guardian, Tim Collett, by his guardian, Elizabeth Colombo, by her parents and guardians, Kelly Jones, by her parent and guardian, Shawna Klein, by her father and guardian, Caroline A. Lahrmann, Elizabeth Lahrmann, by her parents and guardians, Henry Lahrmann, by his parents and guardians, Barbara Meola, by her sister and guardian & Garry Wojciak, by his sister and guardian, Cross Claimants, represented by Robert G. Cohen , Kegler Brown Hill & Ritter, Jason Hayes Beehler , Kegler Brown Hill & Ritter, John Paul Brody , Kegler Brown Hill & Ritter, Roger Philip Sugarman , Kegler Brown Hill & Ritter & William Choslovsky , Ginsberg Jacobs LLC.

Mary Anne Meola, by her sister and guardian, Cross Claimant, represented by Robert G. Cohen , Kegler Brown Hill & Ritter, Jason Hayes Beehler , Kegler Brown Hill & Ritter, John Paul Brody , Kegler Brown Hill & Ritter & Roger Philip Sugarman , Kegler Brown Hill & Ritter.

Governor John Kasich, in his official capacity, Cross Defendant, represented by Zachery Paul Keller , Ohio Attorney General, Sarah Elaine Pierce , Ohio Attorney General's Office & Tiffany L. Carwile , Ohio Attorney General.

Director John Martin, in his official capacity, Cross Defendant, represented by Larry Holliday James , Crabbe Brown & James, Frank David Tice, V , Crabbe, Brown & James, LLP, Robert Charles Buchbinder , Crabbe Brown & James & Vincent James Lodico , Crabbe Brown & James.

Ohio Association of County Boards Serving People with Developmental Disabilities, Cross Defendant, represented by Franklin J. Hickman , Hickman & Lowder Co., L.P.A. & John Richard Harrison , Hickman & Lowder.

Barbara Sears, Ohio Department of Medicaid, in her official capacity, Cross Defendant, represented by Julie E. Brigner , Ohio Attorney General's Office, Larry Holliday James , Crabbe Brown & James & Justin T. Radic , Ohio Attorney General's Office.


ORDER

This matter is before the Court on the plaintiffs' Motion of Third-Party Defendant Disability Rights Ohio to Strike or, in the alternative, to Sever the Third-Party Complaint Filed by the Intervenor-Guardians ("Motion to Strike or Sever"). (ECF No. 348.) Disability...

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