On February 12, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
P,
Patterson, Olivia,
and
Ballester, M.D., Ashley,
Bellamy, D.O., Meredith,
Johnson, M.D., Cheryl,
Summa Health, Dba Summa Health Sys.-Akron,
Summa Physicians, Inc.,
for MEDICAL MALPRACTICE
in the District Court of Summit County.
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CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
MICHAEL A. RENNE, as Guardian of the ) CASE NO. CV-2020-02-0578
Estate of L.P., a minor. )
) JUDGE MARY MARGARET ROWLANDS
Plaintiff, )
) PLAINTIFF’S MOTION TO SUBMIT
vs. ) UNDER SEAL EXHIBIT NO. 2
) ACCOMPANYING PLAINTIFF’S
SUMMA HEALTH SYSTEM, et al. ) RESPONSE TO DEFENDANT SUMMA
) HEALTH SYSTEM’S MOTION TO COMPEL
Defendants )
)
NOW COMES the Plaintiff, pursuant to Loc.R. 16, and Sup R 45, of the Court of
Common Pleas of Summit County, General Division, and hereby requests that this Honorable
Court permit Plaintiff to file an exhibit under seal that accompanies Plaintiff’s Response to
Defendant Summa Health’s Motion to Compel. In support of this motion, Plaintiff submits as
follows:
1. This is a medical malpractice action whereby Plaintiff alleges that L.P., the minor
plaintiff, suffered an intrapartum hypoxic injury caused by Defendants.
2. Plaintiff filed the original Complaint in this matter on February 12, 2020,
including L.P.’s mother, Olivia Patterson, as a named Plaintiff. Olivia subsequently filed a
voluntarily dismissal for her claims only.
3. On February 23, 2022, Defendant Summa Health moved to compel discovery
from the minor plaintiff, who maintains this current action through Plaintiff, Michael Renne,
Guardian of the Estate.
4. Plaintiff’s response included a detail recitation of the minor child’s odyssey
through Juvenile Court custody proceedings. Those proceedings began with Olivia Patterson
1
Sandra Kurt, Summit County Clerk of Courts
CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 2 of 4
losing temporary custody of L.P. and concluded with Olivia Patterson losing permanent custody
of L.P. to Summit County Children’s Services. Both hearings were closed to the public.
5. Plaintiff’s Response to Defendants Motion to Compel mentions Exhibit 2, a
February 25, 2021 Order from Juvenile Court, to be filed under seal upon approval from the
Court.
6. Exhibit 2 is relevant and material to Plaintiff’s response and provides the Court
findings based upon court proceedings that were closed to the public.
7. Permitting the Plaintiff to submit Exhibit 2 under seal would assist the Court
when rendering its ruling on Defendant Summa Health’s motion and maintain the confidential,
closed nature of the Juvenile Court’s proceedings and the Juvenile Court’s subsequent order.
8. Permitting the Plaintiff to submit Exhibit 2 under seal serves public policy by
maintaining the privacy and confidentiality interests of L.P., SCCS, and those agencies and
parties who participated in the Juvenile Court proceeding.
9. Limiting access to Exhibit 2 does not further burden the defense because the
defense was prohibited from attending the Juvenile Court proceeding.
10. Likewise, the Juvenile Court proceedings were closed and without public access,
thus filing Exhibit 2 under seal does not further burden the public.
11. Plaintiffs do not request oral argument on this motion to seal.1
12. Plaintiff’s request that the neither defense counsel nor the public have Remote or
Direct Access.
13. Plaintiffs further request that access to Exhibit 2 be limited to judicial access only.
1
Plaintiff preserves all rights to oral argument in response to Defendant Summa Health’s Motion to Compel.
2
Sandra Kurt, Summit County Clerk of Courts
CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 3 of 4
WHEREFORE, Plaintiff respectfully moves that this Honorable Court GRANT
Plaintiff’s Motion to submit Exhibit No. 2 under seal. Plaintiff further moves that this Court
order such further relief as it deems just and equitable under the circumstances.
This 14th day of March, 2022.
Respectfully submitted,
/s/ Pamela Pantages_____
Pamela Pantages, Esq. (0046840)
Nurenberg Paris Heller & McCarthy, LPA
600 Superior Avenue East, Suite 1200
Cleveland, Ohio 44114
Tel: (216) 621-2300
Fax: (216) 771-2242
ppantages@nphm.com
Counsel for Plaintiffs
Lisa B. Weinstein **
IL State Bar No. 6290253
Edward J. Aucoin, Jr. **
IL State Bar No. 6256645
GRANT & EISENHOFER P.A.
30 N. LaSalle St., Suite 2350
Chicago, IL 60602
(312) 610-5350
L. Weinstein email: lweinstein@gelaw.com
E. Aucoin email: eaucoin@gelaw.com
**Admitted Pro hac vice
Counsel for Plaintiffs
3
Sandra Kurt, Summit County Clerk of Courts
CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 4 of 4
CERTIFICATE OF SERVICE
The foregoing was sent via the Summit County Clerk of Court’s electronic filing system and by
courtesy e-mail on this 14th day of March 2022 to:
Gregory T. Rossi. Esq.
Hanna Campbell & Powell, LLP
3737 Embassy Parkway
Suite 100
Akron, Ohio 44333
Phone: (330) 670-7600
Email: grossi@hcplaw.net
Attorney for Defendants, Summa Health d/b/a Summa Health System-Akron Campus,
Cheryl Johnson, M.D., Ashley Ballester, M.D., Meredith Bellamy, D.O., and Summa
Physicians d/b/a Summa Medical Group
/s/ Pamela Pantages_______
Pamela Pantages, Esq. (0046840)
4
Sandra Kurt, Summit County Clerk of Courts
Preview
CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO MICHAEL A. RENNE, as Guardian of the ) CASE NO. CV-2020-02-0578 Estate of L.P., a minor. ) ) JUDGE MARY MARGARET ROWLANDS Plaintiff, ) ) PLAINTIFF’S MOTION TO SUBMIT vs. ) UNDER SEAL EXHIBIT NO. 2 ) ACCOMPANYING PLAINTIFF’S SUMMA HEALTH SYSTEM, et al. ) RESPONSE TO DEFENDANT SUMMA ) HEALTH SYSTEM’S MOTION TO COMPEL Defendants ) ) NOW COMES the Plaintiff, pursuant to Loc.R. 16, and Sup R 45, of the Court of Common Pleas of Summit County, General Division, and hereby requests that this Honorable Court permit Plaintiff to file an exhibit under seal that accompanies Plaintiff’s Response to Defendant Summa Health’s Motion to Compel. In support of this motion, Plaintiff submits as follows: 1. This is a medical malpractice action whereby Plaintiff alleges that L.P., the minor plaintiff, suffered an intrapartum hypoxic injury caused by Defendants. 2. Plaintiff filed the original Complaint in this matter on February 12, 2020, including L.P.’s mother, Olivia Patterson, as a named Plaintiff. Olivia subsequently filed a voluntarily dismissal for her claims only. 3. On February 23, 2022, Defendant Summa Health moved to compel discovery from the minor plaintiff, who maintains this current action through Plaintiff, Michael Renne, Guardian of the Estate. 4. Plaintiff’s response included a detail recitation of the minor child’s odyssey through Juvenile Court custody proceedings. Those proceedings began with Olivia Patterson 1 Sandra Kurt, Summit County Clerk of Courts CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 2 of 4 losing temporary custody of L.P. and concluded with Olivia Patterson losing permanent custody of L.P. to Summit County Children’s Services. Both hearings were closed to the public. 5. Plaintiff’s Response to Defendants Motion to Compel mentions Exhibit 2, a February 25, 2021 Order from Juvenile Court, to be filed under seal upon approval from the Court. 6. Exhibit 2 is relevant and material to Plaintiff’s response and provides the Court findings based upon court proceedings that were closed to the public. 7. Permitting the Plaintiff to submit Exhibit 2 under seal would assist the Court when rendering its ruling on Defendant Summa Health’s motion and maintain the confidential, closed nature of the Juvenile Court’s proceedings and the Juvenile Court’s subsequent order. 8. Permitting the Plaintiff to submit Exhibit 2 under seal serves public policy by maintaining the privacy and confidentiality interests of L.P., SCCS, and those agencies and parties who participated in the Juvenile Court proceeding. 9. Limiting access to Exhibit 2 does not further burden the defense because the defense was prohibited from attending the Juvenile Court proceeding. 10. Likewise, the Juvenile Court proceedings were closed and without public access, thus filing Exhibit 2 under seal does not further burden the public. 11. Plaintiffs do not request oral argument on this motion to seal.1 12. Plaintiff’s request that the neither defense counsel nor the public have Remote or Direct Access. 13. Plaintiffs further request that access to Exhibit 2 be limited to judicial access only. 1 Plaintiff preserves all rights to oral argument in response to Defendant Summa Health’s Motion to Compel. 2 Sandra Kurt, Summit County Clerk of Courts CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 3 of 4 WHEREFORE, Plaintiff respectfully moves that this Honorable Court GRANT Plaintiff’s Motion to submit Exhibit No. 2 under seal. Plaintiff further moves that this Court order such further relief as it deems just and equitable under the circumstances. This 14th day of March, 2022. Respectfully submitted, /s/ Pamela Pantages_____ Pamela Pantages, Esq. (0046840) Nurenberg Paris Heller & McCarthy, LPA 600 Superior Avenue East, Suite 1200 Cleveland, Ohio 44114 Tel: (216) 621-2300 Fax: (216) 771-2242 ppantages@nphm.com Counsel for Plaintiffs Lisa B. Weinstein ** IL State Bar No. 6290253 Edward J. Aucoin, Jr. ** IL State Bar No. 6256645 GRANT & EISENHOFER P.A. 30 N. LaSalle St., Suite 2350 Chicago, IL 60602 (312) 610-5350 L. Weinstein email: lweinstein@gelaw.com E. Aucoin email: eaucoin@gelaw.com **Admitted Pro hac vice Counsel for Plaintiffs 3 Sandra Kurt, Summit County Clerk of Courts CV-2020-02-0578 ROWLANDS, MARY MARGARET 03/14/2022 12:53:54 PM MTSD Page 4 of 4 CERTIFICATE OF SERVICE The foregoing was sent via the Summit County Clerk of Court’s electronic filing system and by courtesy e-mail on this 14th day of March 2022 to: Gregory T. Rossi. Esq. Hanna Campbell & Powell, LLP 3737 Embassy Parkway Suite 100 Akron, Ohio 44333 Phone: (330) 670-7600 Email: grossi@hcplaw.net Attorney for Defendants, Summa Health d/b/a Summa Health System-Akron Campus, Cheryl Johnson, M.D., Ashley Ballester, M.D., Meredith Bellamy, D.O., and Summa Physicians d/b/a Summa Medical Group /s/ Pamela Pantages_______ Pamela Pantages, Esq. (0046840) 4 Sandra Kurt, Summit County Clerk of Courts