Newman v. Franklin County, Ohio et al
STIPULATED ORDER OF DISMISSAL. Signed by Judge Edmund A. Sargus on 5/18/2023. (cmw)
Case: 2:20-cv-06459-EAS-CMV Doc #: 32 Filed: 05/18/23 Page: 1 of 2 PAGEID #: 194
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
Donna Marie Newman,
Administrator of the Estate of
Ryan Michael Johnson,
Franklin County, Ohio, et al.,
Case No. 2:20-cv-06459
Magistrate Judge Vascura
STIPULATED ORDER OF DISMISSAL
Plaintiff and Defendants, by and through counsel, hereby stipulate and the Court orders as
All and any Federal claims against all Defendants herein are dismissed with prejudice;
The parties agree that Plaintiff’s state law claim for wrongful death—over which this
Court exercised supplemental jurisdiction while the Federal claims were pending—is voluntarily
dismissed without prejudice as contemplated by 28 U.S.C. 1367(d).
For purposes of this case and the contemplated State Court refiling of Plaintiff’s state
law claim, the tolling provision of 28 U.S.C. 1367(d) applies to all Ohio State law periods of
limitations for Plaintiff’s state law claim, including any otherwise applicable statute of repose and
statute of limitations.
Plaintiff shall, within 45 days, re-file an action in State Court, and the parties stipulate
and will recommend to the State Court, the following:
The named Defendants shall be Jonathan Portwood, RN and NaphCare only;
The sole cause of action shall be for wrongful death;
The case shall be placed on a 1-year track;
Case: 2:20-cv-06459-EAS-CMV Doc #: 32 Filed: 05/18/23 Page: 2 of 2 PAGEID #: 195
Any defense as to statute of limitations and/or statute of repose shall be
Discovery shall be limited to the following depositions:
Marsha Burgess, ARNP;
Andrew Spears, NP;
Ohio Civ. Rule 30(B)(5) designee(s) of NaphCare and the Franklin
County Sheriff’s Office;
Brother of Decedent, Ross Johnson;
Expert witnesses identified in this action.
The parties shall not name additional expert witnesses, other than those
identified in this action.
IT IS SO ORDERED.
s/Edmund A. Sargus, Jr. 5/18/2023
Judge Edmund A. Sargus
/s/ Barton R. Keyes
Charles H. Cooper, Jr.
Barton R. Keyes
305 West Nationwide Boulevard
Columbus, Ohio 43215
(614) 481-6001 (Facsimile)
/s/ James J. Brudny
James J. Brudny, Jr.
Arnold, Todaro, Welch & Foliano
2075 Marble Cliff Office Park
Columbus, Ohio 43215
John B. Welch
Arnold Todaro Welch & Foliano Co., LPA
7385 Far Hills Avenue
Dayton, Ohio 45459
Attorneys for Plaintiff
Attorneys for Defendants
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