United States District Court, S.D. Ohio, Western Division
DECISION AND ENTRY SUSTAINING DEFENDANTS' MOTION
FOR STAY (DOC. #56); OVERRULING MOTION TO STRIKE (DOC.
H. RICE, UNITED STATES DISTRICT JUDGE.
matter is before the Court pursuant to Defendants, Chris
Batz, Brent Gallup, Butler Township Board of Trustees, Mike
Lang, Kenneth M. Betz, Joseph E. Flanagan, Jr., Daniel Alig,
Anthony Miller, the City of Vandalia, Arlene Setzer, Richard
Herbst, Bob Ahlers, Mike Blakesly, Candice Farst, David
Gerhard, David Lewis, and Chad Follick (collectively,
"Defendants"), Motion to Stay (Doc. # 56).
Defendants assert that a stay of "all discovery and
other matters in this case" is necessary until such time
as the Court rules on Plaintiffs' Motion to Disqualify
Defense Counsel ("Motion to Disqualify"), Doc. #36,
and Plaintiffs' Motion to Declare Representation of
Multiple Defendants By the Firm of Surdyk, Dowd & Turner
Co., LPA to be Joint, and To Limit Discovery,
Cross-Examination and Peremptory Challenges; and to
Substitute the Insurance Risk Pools as the Real Parties in
Interest ("Motion to Declare")
Doc.#37. Plaintiffs filed a response to the motion to
stay "and in support of the second amended
complaint." Doc. #63. A reply was filed by Defendants
and included a motion to strike, pursuant to Fed.R.Civ.P.
12(f). Doc. #64. The motion to strike argued that
Plaintiffs' response in support of the second amended
complaint was an "impermissible memorandum under S.D.
Ohio Civ. R. 72(a)(2)." Doc. #64, PAGEID#1383.
assert that a stay is necessary at this time since "it
simply does not make sense to move forward with discovery if
counsel for the Defendants is going to be disqualified or if
discovery is going to be limited, combined, or other parties
are going to be added, or substituted as requested by the
Plaintiffs." Doc. #56, PAGEID#1336. In their response to
the Motion to Stay, Plaintiffs re-argue their Motion to
Disqualify or Motion to Declare and cite the Court to new
cases in support of the federal claims alleged in their
eighteen count Second Amended Complaint. Docs. ##63 and 67.
Although Plaintiffs do ultimately agree that the case should
be stayed, Doc. #63, PAGEID#1378, they condition their
agreement with the caveat that the Court should
"simultaneously order separate counsel for all EMS
Paramedics who examined Mr. Gooden, and separate counsel for
both Vandalia and Butler Township Defendants."
Sixth Circuit has clearly stated, "the success of a
disqualification motion has the potential to change the
proceedings entirely" and, as such, should be decided
prior to any ruling on a substantive motion. Bowers v.
Ophthalmology Grp., 733 F.3d 647, 654 (6th Cir. 2013)
(district court erred in granting summary judgment prior to
ruling on motion to disqualify for conflict of interest).
Additionally, it is well-established that "a district
court possesses inherent powers that are 'governed not by
rule or statute but by the control necessarily vested in
courts to manage their own affairs so as to achieve the
orderly and expeditious disposition of cases," Dietz
v. Bouldin, __ U.S. __ 136 S.Ct. 1885, 1891 (2016)
(citing Link v. Wabash Ft. Co., 370 U.S. 626,
Defendants' Motion to Stay, Doc. #56, is sustained. All
discovery in this case is stayed pending determination by
this Court of Plaintiffs' Motion to Disqualify and Motion
to Declare, Docs. ##36 and 37.
motion to strike the additional argument in support of the
second amended complaint, Doc. #64, is overruled. The Court
previously sustained Plaintiffs' request to include these
additional arguments in their response at a conference call
with the Court on October 10, 2019. During this same call,
Defendants requested and received an extension of time to
respond to any additional arguments that Plaintiffs might
include in their response.
 Plaintiffs' Motion to Declare,
Doc. #37, is filed "in the alternative" to their
Motion to Disqualify. Doc. #37, PAGEID#1114.
 According to the Second Amended
Complaint, Doc. #48, Plaintiffs now consist of Lynne Gooden,
individually and as guardian of Terrell D. Gooden, Kierra
Carroll, Stacy Carroll as the parent and natural guardian of
Madison Carroll, Stacy Carroll as the parent and natural
guardian Dezmond Carroll and Staci Sampson as the parent and
natural guardian of Mya Sampson.
 The Second Amended Complaint was filed
July 25, 2019, Doc. ...