On October 30, 2018 a
Order
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Aug 12 4:46 PM-18CV009035
0OE797 - J58
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
STATE OF OHIO, et al.,
EAST CLEVELAND CITY SCHOOL ) CASE NO. 18 CV 009035
DISTRICT BOARD OF EDUCATION, )
) JUDGE KIM J. BROWN
Plaintiff, )
)
vs. ) AGREED MOTION TO STAY
) ALL PROCEEDINGS
)
)
Defendants.
The parties jointly and respectfully move the Court to enter an order staying this case in its
entirety pending the outcome of the Ohio Supreme Court’s decision in Youngstown City Sch. Dist
Bd. of Edn. v. State, No. 2018-1131 (“Youngstown”). This Court previously dismissed, in part,
Plaintiffs Count I relating to the Ohio Department of Education’s use of equivalency grades for
the 2015-2016 and 2016-2017 school years (“equivalency claims”), and it stayed the claims raised
in Plaintiff's Counts II and III regarding the constitutionality of House Bill 70. (Decision and
Entry, Feb. 1, 2019.) The only remaining active claim was the portion of Plaintiff's Count I
relating to whether the relevant data for the District supported the assignment of an overall grade
of “F” to the District on the District’s 2017-2018 report card (the “report card grade claim’)
Plaintiff filed a voluntary dismissal without prejudice of the report card grade claim on August 12,
2019.
The parties agree that Plaintiff's recent voluntary dismissal of its report card grade claim
has left no remaining active claims for further adjudication at this time. Because the Court stayed
Counts II and III, and therefore there is no judgment adjudicating all of the claims in this matter,
it is the parties’ understanding that any timelines for appeal in this case, including but not limitedFranklin County Ohio Clerk of Courts of the Common Pleas- 2019 Aug 12 4:46 PM-18CV009035
OE797 - J59
to any appeal of the dismissal of the equivalency claims, will not begin to run until all claims,
including the stayed claims, have been finally adjudicated in this Court.
Accordingly, the parties respectfully request the Court enter an order staying all further
proceedings pending the Ohio Supreme Court’s decision in Youngstown and moving this case to
the Court’s inactive docket. Within thirty (30) days of the Ohio Supreme Court issuing its decision
in Youngstown, the parties shall notify the Court of the decision and either move to dismiss the
case in its entirety or move to reinstate the case to the active docket to consider the impact of the
Youngstown decision on the stayed claims in this case.
A proposed order granting this Motion is being filed concurrently herewith.
Dated: August 12, 2019 Respectfully submitted,
/s/ Christian M. Williams /s/ Douglas R. Cole (per e-mail consent)
Donna M. Andrew (0066910) Douglas R. Cole* (0070665)
Christian M. Williams* (0063960) *Trial Attorney
*Trial Attorney Carrie M. Lymanstall (0084393)
Brian J. DeSantis (0089739) Sean M. Stiff (0091811)
Samantha A. Vajskop (0087837) David J. Twombly (0092558)
PEPPLE & WAGGONER, Ltd. Organ Cole LLP
Crown Centre Building 1330 Dublin Road
5005 Rockside Road, Suite 260 Columbus, Ohio 43215
Cleveland, Ohio 44131-6808 614.481.0900
Tel: (216) 520-0088 614.481.0904 (f)
Fax: (216) 520-0044 dreole@organcole.com
dandrew@pepple-waggoner.com cmlymanstall@organcole.com
cwilliams@pepple-waggoner.com smstiff@organcole.com
bdesantis@pepple-waggoner.com djtwombly@organcole.com
svajskop@pepple-waggoner.com
Special Counsel to Attorney General Mike
Attorneys for Plaintiff East Cleveland City DeWine
School District Board of Education
Attorneys for Defendants State of Ohio, the
Ohio Department of Education, — and
Superintendent of Public Instruction Paolo
DeMariaFranklin County Ohio Clerk of Courts of the Common Pleas- 2019 Aug 12 4:46 PM-18CV009035
0E797 - J60
CERTIFICATE OF SERVICE
Thereby certify that, on this 12th day of August, 2019, a copy of the foregoing Agreed
Motion to Stay All Proceedings has been sent via the Court’s e-filing/e-service system to
Douglas R. Cole, Esq.
David J. Twombly, Esq.
Sean Stiff, Esq.
Carrie M. Lymanstall, Esq
Organ Cole, LLP
1330 Dublin Road
Columbus, OH 43215
Attorneys for Defendants
State of Ohio, Ohio Department
of Education, and Superintendent
of Public Instruction Paolo DeMaria
/s/ Christian M. Williams
Christian M. Williams, Esq. (0063960)
Attorney for Plaintiff East Cleveland
City School District Board of Education
Document Filed Date
August 12, 2019
Case Filing Date
October 30, 2018
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2019 Aug 12 4:46 PM-18CV009035 0OE797 - J58 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO STATE OF OHIO, et al., EAST CLEVELAND CITY SCHOOL ) CASE NO. 18 CV 009035 DISTRICT BOARD OF EDUCATION, ) ) JUDGE KIM J. BROWN Plaintiff, ) ) vs. ) AGREED MOTION TO STAY ) ALL PROCEEDINGS ) ) Defendants. The parties jointly and respectfully move the Court to enter an order staying this case in its entirety pending the outcome of the Ohio Supreme Court’s decision in Youngstown City Sch. Dist Bd. of Edn. v. State, No. 2018-1131 (“Youngstown”). This Court previously dismissed, in part, Plaintiffs Count I relating to the Ohio Department of Education’s use of equivalency grades for the 2015-2016 and 2016-2017 school years (“equivalency claims”), and it stayed the claims raised in Plaintiff's Counts II and III regarding the constitutionality of House Bill 70. (Decision and Entry, Feb. 1, 2019.) The only remaining active claim was the portion of Plaintiff's Count I relating to whether the relevant data for the District supported the assignment of an overall grade of “F” to the District on the District’s 2017-2018 report card (the “report card grade claim’) Plaintiff filed a voluntary dismissal without prejudice of the report card grade claim on August 12, 2019. The parties agree that Plaintiff's recent voluntary dismissal of its report card grade claim has left no remaining active claims for further adjudication at this time. Because the Court stayed Counts II and III, and therefore there is no judgment adjudicating all of the claims in this matter, it is the parties’ understanding that any timelines for appeal in this case, including but not limitedFranklin County Ohio Clerk of Courts of the Common Pleas- 2019 Aug 12 4:46 PM-18CV009035 OE797 - J59 to any appeal of the dismissal of the equivalency claims, will not begin to run until all claims, including the stayed claims, have been finally adjudicated in this Court. Accordingly, the parties respectfully request the Court enter an order staying all further proceedings pending the Ohio Supreme Court’s decision in Youngstown and moving this case to the Court’s inactive docket. Within thirty (30) days of the Ohio Supreme Court issuing its decision in Youngstown, the parties shall notify the Court of the decision and either move to dismiss the case in its entirety or move to reinstate the case to the active docket to consider the impact of the Youngstown decision on the stayed claims in this case. A proposed order granting this Motion is being filed concurrently herewith. Dated: August 12, 2019 Respectfully submitted, /s/ Christian M. Williams /s/ Douglas R. Cole (per e-mail consent) Donna M. Andrew (0066910) Douglas R. Cole* (0070665) Christian M. Williams* (0063960) *Trial Attorney *Trial Attorney Carrie M. Lymanstall (0084393) Brian J. DeSantis (0089739) Sean M. Stiff (0091811) Samantha A. Vajskop (0087837) David J. Twombly (0092558) PEPPLE & WAGGONER, Ltd. Organ Cole LLP Crown Centre Building 1330 Dublin Road 5005 Rockside Road, Suite 260 Columbus, Ohio 43215 Cleveland, Ohio 44131-6808 614.481.0900 Tel: (216) 520-0088 614.481.0904 (f) Fax: (216) 520-0044 dreole@organcole.com dandrew@pepple-waggoner.com cmlymanstall@organcole.com cwilliams@pepple-waggoner.com smstiff@organcole.com bdesantis@pepple-waggoner.com djtwombly@organcole.com svajskop@pepple-waggoner.com Special Counsel to Attorney General Mike Attorneys for Plaintiff East Cleveland City DeWine School District Board of Education Attorneys for Defendants State of Ohio, the Ohio Department of Education, — and Superintendent of Public Instruction Paolo DeMariaFranklin County Ohio Clerk of Courts of the Common Pleas- 2019 Aug 12 4:46 PM-18CV009035 0E797 - J60 CERTIFICATE OF SERVICE Thereby certify that, on this 12th day of August, 2019, a copy of the foregoing Agreed Motion to Stay All Proceedings has been sent via the Court’s e-filing/e-service system to Douglas R. Cole, Esq. David J. Twombly, Esq. Sean Stiff, Esq. Carrie M. Lymanstall, Esq Organ Cole, LLP 1330 Dublin Road Columbus, OH 43215 Attorneys for Defendants State of Ohio, Ohio Department of Education, and Superintendent of Public Instruction Paolo DeMaria /s/ Christian M. Williams Christian M. Williams, Esq. (0063960) Attorney for Plaintiff East Cleveland City School District Board of Education