Obergefell et al v. Kasich et al

Filing 18

Joint Case Management Plan by Defendants Mike DeWine, John Kasich, Plaintiffs James Obergefell, Camille Jones, John Arthur. (Coontz, Bridget) Modified to include all filers on 8/14/2013 (eh1).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL, et al.
Plaintiffs,

: Civil Action No. 1:13-cv-501
:
: Judge Timothy S. Black
v.
:
:
JOHN KASICH, et. al.,
: JOINT CASE MANAGEMENT PLAN
:
:
Defendants.
:
:
As requested by the Court the parties have conferred and hereby propose the following case
management plan:
A. Record Evidence. The parties stipulate that the evidence will consist of the evidence
presently in the record from the hearing on the temporary restraining order; stipulations to
be negotiated between the parties; additional facts regarding the plaintiffs, and declarations
and opinions of expert witnesses. The parties reserve the right to depose any expert who
renders an opinion but recognize that depositions may require an adjustment of the case
schedule. Any findings based on this record shall be accorded the same weight as if they
were based on live testimony in court. The parties believe that this case can be decided on
the basis of their submissions.
At the present time, subject to the progress the parties make on stipulations, the plaintiffs
anticipate that they will submit additional personal facts and expert opinions in the
following areas: (1) history of discrimination against gay, lesbian, and bisexual people; (2)
history of marriage, including marriage recognition laws; (3) attitudes toward, and political
vulnerability of, lesbian, gay and bisexual persons; (4) same sex relationships and nature of

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sexual orientation and harms that discrimination and stigma cause to same-sex couples and
their families; (5) history of the Ohio Rev. Code § 3101.01 and OH Const. Art. XV, §11
and history of discrimination against lesbian, gay, and bisexual persons in Ohio; (6)
specific losses and harms incurred by plaintiffs and other same-sex couples and their
families; and (7) parenting and child rearing by same-sex couples. The Defendants reserve
the right to submit and rely upon expert opinions and to challenge the relevance of expert
opinions presented by the Plaintiffs.

B. Status Quo. The existing temporary restraining order will be extended until December 31,
2013 unless the Court requires a longer extension in order to rule on a motion for
declaratory judgment and preliminary and permanent injunction. The parties agree that the
motion for preliminary and permanent injunction will be consolidated with a trial on the
merits.
C. Proposed Case Schedule.

DESCRIPTION

DEADLINE

Defendants’ Answer/ Response
File Stipulations
All Parties File and Exchange Expert
Declarations/Opinions
All Parties Exchange Rebuttal Expert
Declarations/Opinion
Close of Discovery
Plaintiffs’ Motion for Declaratory Judgment and
Permanent Injunction
Defendants’ Response to Motion
Plaintiffs’ Reply
Parties Suggested Dates for Oral Argument on
Motion

September 13, 2013
September 27, 2013
October 11, 2013

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October 25, 2013
October 25, 2013
October 29, 2013
November 18, 2013
December 2, 2013
Dec 16, 17, or 18, 2013

This schedule may need to be altered if the parties seek depositions based on the
availability of the experts to be deposed.

Respectfully submitted,
/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein (0032053)
Trial Attorney for Plaintiff
Jennifer L. Branch (0038893)
Jacklyn Gonzales Martin #0090242
Gerhardstein & Branch, Co., L.P.A.
432 Walnut Street, Suite 400
Cincinnati, Ohio 45202
Tel. [phone]
Fax [phone]
[e-mail]
[e-mail]
[e-mail]

MIKE DEWINE
Ohio Attorney General
/s/ Bridget E. Coontz_____________
BRIDGET E. COONTZ (0072919)*
*Lead and Trial Counsel
Assistant Attorney General
Constitutional Offices Section 30 East
Broad Street, 16th Floor Columbus,
Ohio 43215
Tel: [phone]; Fax: [phone]
[e-mail]
Counsel for Defendants Governor John
Kasich and Attorney General Mike
DeWine

Lisa T. Meeks (0062074)
Newman & Meeks Co., LPA
215 E. Ninth Street, Suite 650
Cincinnati, OH 45202
phone: [phone]
fax: [phone]
[e-mail]

Attorneys for Plaintiffs

s/ Aaron Herzig __ ___
Aaron Herzig (0079371)
Deputy City Solicitor
Room 214, City Hall
801 Plum Street
Cincinnati, Ohio 45202
[phone]
FAX: [phone]
[e-mail]
Trial Counsel for Defendant
Camille Jones, M.D.

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CERTIFICATE OF SERVICE
I certify that the foregoing Joint Case Management Plan was filed using the Court’s
ECF filing system on August 13, 2013. The ECF system will notify all counsels of record
of this filing.
/s/ Bridget E. Coontz__________
Bridget E. Coontz (0072919)
Assistant Attorney General

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