Smith v. City of Troy Ohio et al

Filing 28

ORDER: 1) granting 27 Troy Defendants' Motion for Joinder; 2) The Troy Defendants' Alternative Request is DENIED without prejudice to renewal; and 3) On or before January 8, 2015, Plaintiff shall effect service of summons, the Complaint, and a copy of this Order upon the Ohio Department of Medicaid. Signed by Chief Magistrate Judge Sharon L. Ovington on 12-9-15. (mcm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
VICTOR L. SMITH,
Plaintiff,

:

CITY OF TROY, OHIO, et al.,
Defendants.

Case No. 3:15cv00054

:

vs.

:

District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

:
:

ORDER

This case is presently before the Court upon the Troy Defendants’ Motion to Join All
Subrogated Parties (Doc. #27). The Troy Defendants explain that Plaintiff’s written discovery
responses state, “CareSource is my insurance and Medicaid provider.” (Doc. #140, PageID
#140) (citation omitted). Given this, the Ohio Department of Medicaid is a real party in
interest, and a necessary party, to recover any medical expenses it made on Plaintiff’s behalf.
See Ohio Rev. Code §§ 5160.37(A), (E), (F), and § 5160.38(A); see also Fed. R. Civ. P. 17
and 19(a)(1). Plaintiff must therefore join the Ohio Department of Medicaid and any other
subrogated persons or entities that have paid medical or mental-health treatment bills and/or
other benefits resulting from the care and treatment of Plaintiff as a result of the incident that
is the subject matter of the Complaint.
The Troy Defendants alternatively request that if Plaintiff fails to join these subrogated

parties, the Court issue an Order in Limine precluding the introduction into evidence of any
bills paid by subrogated entities not joined because Plaintiff is not the real party in interest.
(Doc. #140, PageID #142). This alternative request is premature as it concerns a future
circumstance (a failure to join presently unknown subrogated parties) that might or might not
occur.
IT IS THEREFORE ORDERED THAT:
1.

The Troy Defendants’ Motion to Join All Subrogated Parties (Doc. #27) is
GRANTED, and The Troy Defendants’ Alternative Request is DENIED without
prejudice to renewal; and

2.

On or before January 8, 2015, Plaintiff shall effect service of summons, the
Complaint, and a copy of this Order upon the Ohio Department of Medicaid.

December 9, 2015
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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