Carey, et al v. Whitehall Surgery Center, Ltd., et al

Filing 6

ORDER terminating as moot 1 Emergency MOTION to Vacate Temporary Restraining Order. Defendants are ORDERED to clarify whether any other aspect of the TRO requires its dissolution prior to November 21, 2023. Defendant shall so clarify via a notice on the docket, which must be filed by 5:00 p.m. on November 13, 2023. Signed by Judge Michael H. Watson on 11/13/23. (sem)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Dr. Jeffrey Carey, et al.,
Plaintiffs,

Case No. 2:23-cv-3774

v.
Whitehall Surgery Center, Ltd.
d/b/a Pickerington Surgery Center,
et al.,

Judge Michael H. Watson
Magistrate Judge Deavers

Defendants.
ORDER
Although a new case, the docket needs tidying. First, the Clerk is
DIRECTED to re-caption this case as “Carey, et al. v. Whitehall Surgery Center,
Ltd., et al.”
Second, because Defendants filed two versions of their emergency motion,
ECF Nos. 1 and 2, ECF No. 1 is TERMINATED AS MOOT.
Next, Defendants informally represented to the Court that they erroneously
filed unredacted versions of Exhibits B, C, and D (the “Exhibits”) and that the
Exhibits to ECF No. 2 are the redacted versions. The Court temporarily sealed
ECF No. 1. It is not clear that the Exhibits, as attached to ECF No. 2, are
redacted, as they seem largely the same as the versions attached to ECF No. 1.
In any event, a party may not unilaterally seal filings without leave of Court. See
S.D. Ohio Local Rule 5.2.1(a). Therefore, the Court INTENDS to unseal ECF

No. 1 in SEVEN DAYS unless Defendants file a properly supported motion to
seal the Exhibits.
Finally, the state court TRO (which is the subject of Defendants’
emergency motion) is set to expire on November 21, 2023. See ECF No. 2-10.
Although Defendants take issue with the entirety of the TRO, it seems that the
only aspect of the TRO for which timing is an issue is the requirement that
Defendants produce certain documents to Plaintiffs. Defendants are ORDERED
to clarify whether any other aspect of the TRO requires its dissolution prior to
November 21, 2023. Defendant shall so clarify via a notice on the docket, which
must be filed by 5:00 p.m. on November 13, 2023.
The Clerk is DIRECTED to re-caption this case as “Carey, et al. v.
Whitehall Surgery Center, Ltd., et al.” and to terminate ECF No. 1 as moot.
IT IS SO ORDERED.
___/s/ Michael H. Watson___________
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:23-cv-3774

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