On April 12, 2018 a
Motion,Ex Parte
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- 2018 Jul 30 5:51 PM-18CV003043
0E258 - E29
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
RENEA MURNAHAN-TURNER
Case No. 18 CV 003043
Plaintiff,
Judge Holbrook
v
STATE OF OHIO BOARD OF
PHARMACY
Defendant
MOTION TO STAY DISCOVERY PENDING RULINGS ON MOTIONS FOR
JUDGMENT ON THE PLEADINGS
At the status conference held on June 21, 2018, the parties agreed that all discovery
would be stayed until the Court ruled on motion for judgment on the pleadings filed by the State
of Ohio Board of Pharmacy (“the Board”) In the interim, Ms. Murnhan-Turner has filed her
own motion for judgment on the pleadings, arguing that the Court should award her five medical
marijuana dispensaries
On July 15, 2018, Ms. Murnahan-Turner filed a request for production of documents with
this Court. Ms. Murnahan-Turner is demanding that the Board provide unredacted copies of all
376 applications to operate medical marijuana dispensaries. Ms. Murnahan-Turner is also
demanding a document which explains the scoring process.
Documents which are responsive are available on the website operated by the Medical
Marijuana Advisory Committee’s website medicalmarijuana.ohio.gov. The Board’s report
describing the scoring process is available at the following link:
hitps://medicalmarijuana ohio. zov/Documents/ProvisionalDispensaryLicenses/Me
lical O49
2029 Marijuana? s20Dispensary*o20Licensing’*20Report
pdf
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 30 5:51 PM-18CV003043
0E258 - E30
Copies of all dispensary applications are available at the following link
https://medicalmarijuana ohio cav/Dispensary Applications
Notably, the dispensary applications available online are redacted, with social security
numbers, bank accounts and other typically sensitive information being omitted. Among the
items which are redacted are many of the security steps that applicants proposed to protect the
cash and medical marijuana being stored in their facilities. Items listed as being trade secret by
applicants are also redacted. Before turning over any materials that companies are claiming to be
trade secret, the Board will have to notify all 376 applicants to give them an opportunity to block
the disclosure of what they have described as trade secrets.
At the very minimum, determining what portions of the applications will remain redacted
will be a time-consuming and involved affair, likely requiring substantial court involvement.
At this moment, the better approach is for the Court to order that all discovery be stayed
until it resolves the cross-motions for judgments on the pleadings. In light of the fact that both
parties believe that the case can be resolved as an issue of law under Civ. R. 12(C), it makes the
most sense for this Court to stay discovery until it has ruled on the cross motions If the Court
grants one of the motions in its entirety, discovery will be unnecessary. Even if this Court
denies both motions, it will likely narrow the legal issues making it easier to identify what
discovery will need to be performed.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 30 5:51 PM-18CV003043
0E258 - E31
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
/s HENRY APPEL
HENRY APPEL (0068479)
YVONNE TERTEL (0019033)
Principal Assistant Attorneys General
Health & Human Services Section
30 East Broad Street, 26th Floor
Columbus, Ohio 43215
Phone: (614) 466-8600
Fax (866) 441-4738
Henry.Appel@ohioattorneygeneral.gov
Yvonne. Tertel @ohioattorneygeneral.gov
Counsel for State of Ohio Board of Pharmacy
CERTIFICATE OF SERVICE
A copy of the foregoing opposition was served upon all counsel of record and pro se
parties by operation of this Court’s electronic filing system
/s HENRY APPEL
HENRY APPEL (0068479)
Document Filed Date
July 30, 2018
Case Filing Date
April 12, 2018
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 30 5:51 PM-18CV003043 0E258 - E29 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO RENEA MURNAHAN-TURNER Case No. 18 CV 003043 Plaintiff, Judge Holbrook v STATE OF OHIO BOARD OF PHARMACY Defendant MOTION TO STAY DISCOVERY PENDING RULINGS ON MOTIONS FOR JUDGMENT ON THE PLEADINGS At the status conference held on June 21, 2018, the parties agreed that all discovery would be stayed until the Court ruled on motion for judgment on the pleadings filed by the State of Ohio Board of Pharmacy (“the Board”) In the interim, Ms. Murnhan-Turner has filed her own motion for judgment on the pleadings, arguing that the Court should award her five medical marijuana dispensaries On July 15, 2018, Ms. Murnahan-Turner filed a request for production of documents with this Court. Ms. Murnahan-Turner is demanding that the Board provide unredacted copies of all 376 applications to operate medical marijuana dispensaries. Ms. Murnahan-Turner is also demanding a document which explains the scoring process. Documents which are responsive are available on the website operated by the Medical Marijuana Advisory Committee’s website medicalmarijuana.ohio.gov. The Board’s report describing the scoring process is available at the following link: hitps://medicalmarijuana ohio. zov/Documents/ProvisionalDispensaryLicenses/Me lical O49 2029 Marijuana? s20Dispensary*o20Licensing’*20Report pdf Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 30 5:51 PM-18CV003043 0E258 - E30 Copies of all dispensary applications are available at the following link https://medicalmarijuana ohio cav/Dispensary Applications Notably, the dispensary applications available online are redacted, with social security numbers, bank accounts and other typically sensitive information being omitted. Among the items which are redacted are many of the security steps that applicants proposed to protect the cash and medical marijuana being stored in their facilities. Items listed as being trade secret by applicants are also redacted. Before turning over any materials that companies are claiming to be trade secret, the Board will have to notify all 376 applicants to give them an opportunity to block the disclosure of what they have described as trade secrets. At the very minimum, determining what portions of the applications will remain redacted will be a time-consuming and involved affair, likely requiring substantial court involvement. At this moment, the better approach is for the Court to order that all discovery be stayed until it resolves the cross-motions for judgments on the pleadings. In light of the fact that both parties believe that the case can be resolved as an issue of law under Civ. R. 12(C), it makes the most sense for this Court to stay discovery until it has ruled on the cross motions If the Court grants one of the motions in its entirety, discovery will be unnecessary. Even if this Court denies both motions, it will likely narrow the legal issues making it easier to identify what discovery will need to be performed. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 30 5:51 PM-18CV003043 0E258 - E31 Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General /s HENRY APPEL HENRY APPEL (0068479) YVONNE TERTEL (0019033) Principal Assistant Attorneys General Health & Human Services Section 30 East Broad Street, 26th Floor Columbus, Ohio 43215 Phone: (614) 466-8600 Fax (866) 441-4738 Henry.Appel@ohioattorneygeneral.gov Yvonne. Tertel @ohioattorneygeneral.gov Counsel for State of Ohio Board of Pharmacy CERTIFICATE OF SERVICE A copy of the foregoing opposition was served upon all counsel of record and pro se parties by operation of this Court’s electronic filing system /s HENRY APPEL HENRY APPEL (0068479)