Opinion

Doe v. Gallia County Local Schools Board of Education

Court
District Court, S.D. Ohio
Filed
Feb 26, 2024
Cited by
0 cases
Authority
More cited than 28.4%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

John Doe 1,

Plaintiff,

Case No. 2:23-cv-3875

Vv.

Judge Michael H. Watson

Gallia County Local Schools

Board of Education, ef al., Magistrate Judge Vascura

Defendants.

John Doe 2,

Plaintiff, Case No. 2:23-cv-3927

V. Judge Michael H. Watson

Gallia County Local Schools Magistrate Judge Vascura

Board of Education, et al.,

Defendants.

John Doe 3,

Plaintiff,

Case No. 2:23-cv-4008

V.

Judge Michael H. Watson

Gallia County Local Schools

Board of Education, ef al., Magistrate Judge Vascura

Defendants.

John Doe 4,

Plaintiff,

Case No. 2:23-cv-4103

V.

Judge Michael H. Watson

Gallia County Local School

District Board of Education, et al., Magistrate Judge Vascura

Defendants.

John Doe 5,

Plaintiff,

Case No. 2:24-cv-79

Vv.

Judge Michael H. Watson

Gallia County Local Schools

Board of Education, et a/., Magistrate Judge Vascura

Defendants.

Jane Doe 1,

Plaintiff,

Case No. 2:24-cv-184

Vv.

Judge Michael H. Watson

Gallia County Local Schools

Board of Education, et al., Magistrate Judge Vascura

Defendants.

OPINION AND ORDER

For the reasons below, the Court sua-sponte CONSOLIDATES the above-

captioned cases.

Plaintiffs’ claims arise out of various alleged incidents of child sexual

abuse, spanning many years, perpetrated by Defendant Mathew Huck, a teacher

and wrestling coach at River Valley High School in Gallia County Local School

District, and his former spouse, Defendant Michal Paige Huck, a former

substitute teacher and former cheerleading coach at River Valley High School in

Gallia County Local School District. See e.g., Compl., ECF No. 1, Case No.

2:23-cv-3875. Plaintiffs allege that Defendant Gallia County Local Schools Board

of Education, by and through its authorized officials, knew of the abuse but did

not adequately investigate, prevent, and report the alleged sexual abuse. See

generally, id.

All Plaintiffs bring the same types of claims. Plaintiffs each bring a § 1983

claim against all Defendants for violating their bodily integrity under the Fourth

and Fourteenth Amendments (Count I), as well as state-law claims against all

Defendants for: negligent, reckless, and intentional misconduct (Count VII) and

intentional infliction of emotional distress (Count VIII). See e.g., id. J] 108-23,

174-92. Plaintiffs bring Title IX claims (Counts II and III) and a § 1983 claim for

Monell liability against Defendant Gallia County Local Schools Board of

Case No. 2:23-cv-3875 Page 3 of 6

Case No. 2:23-cv-3927

Case No. 2:23-cv-4008

Case No. 2:23-cv-4103

Case No. 2:24-cv-79

Case No. 2:24-cv-184

Education (Count IV). See e.g., id. 1] 124-56. Plaintiffs bring a state-law claim

against Defendants Michal Paige Huck and Matthew Huck for childhood sexual

assault and battery under Ohio Revised Code § 2305.111 (Count V). See, e.g.,

id. 157-65. Finally, Plaintiffs bring a state-law claim against Defendants

Michal Paige Huck, Matthew Huck, Jude Meyers (former superintendent),

Timothy Ryan Edwards (former principal), James Michael Jacobs (former

principal), and Otho Edward Moore (former administrator and former acting

principal), for damages for a criminal act under Ohio Revised Code § 2307.60

(Count Vl). See e.g., id. J] 166-73.

To promote judicial economy, Federal Rule of Civil Procedure 42

authorizes a court to consolidate two or more cases when each involves a

common question of law or fact. Fed. R. Civ. P. 42(a). Whether cases that

involve the same factual and legal questions should be consolidated is within the

discretion of the trial court. Cox v. Blue Cross Blue Shield of Mich., No. 14-cv-

13556, 2015 WL 13065092, at *1 (E.D. Mich. Sept. 10, 2015) (citing Cantrell v.

GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993)).

1 Jude Myers and Timothy Ryan Edwards are Defendants to cases numbered 2:23-cv-

3875 and 2:23-cv-3927. Jude Myers and Timothy Ryan Edwards are not named as

Defendants in cases numbered 2:23-cv-4008, 2:23-cv-4103, 2:24-cv-79, and 2:24-cv-

184. Otherwise, Defendants are the same in all cases.

Case No. 2:23-cv-3875 Page 4 of 6

Case No. 2:23-cv-3927

Case No. 2:23-cv-4008

Case No. 2:23-cv-4103

Case No. 2:24-cv-79

Case No. 2:24-cv-184

Upon review, the Court finds that the cases should be consolidated.

These cases involve similar factual allegations—namely, the instances of alleged

child sexual abuse perpetrated by Defendants Matthew Huck and Michal Paige

Huck, as well as various reports made by victims and witnesses to authorized

officials of River Valley High School. The cases also involve common legal

questions, as they all allege the same types of claims. Consolidation will best

serve the goals of the Federal Rules of Civil Procedure by promoting judicial

efficiency, avoiding duplicative and potentially contradictory rulings, and reducing

the complexity of the cases. Magna Electronics Inc. v. TRW Auto. Holdings

Corp., Nos. 1:12-cv-654, 1:13-cv-324, 1:13-cv-687, 2013 WL 12086667, at *3

(W.D. Mich. Sept. 25, 2013).

Thus, the Court ORDERS that the above-captioned cases be consolidated

into case number 2:23-cv-3875. The Court further ORDERS Plaintiffs to file a

consolidated complaint in case number 2:23-cv-3875 within 30 days of the entry

of this order. All future filings shall be made only in case number 2:23-cv-3875.

Additionally, Defendant Michal Paige Huck has moved to stay each of

these cases during the pendency of criminal charges against her for similar

misconduct as that which forms the bases of these cases. See ECF No. 17,

Case No. 2:23-cv-3875; ECF No. 15, Case No. 2:23-cv-3927; ECF No. 10, Case

No. 2:23-cv-4008; ECF No. 8, Case No. 2:23-cv-4103; ECF No. 9, Case No.

Case No. 2:23-cv-3875 Page 5 of 6

Case No. 2:23-cv-3927

Case No. 2:23-cv-4008

Case No. 2:23-cv-4103

Case No. 2:24-cv-79

Case No. 2:24-cv-184

2:24-cv-79; ECF No. 8, Case No. 2:24-cv-184. Because these cases are now

consolidated and the motions are identical, Plaintiffs are ORDERED to jointly

respond only in case number 2:23-cv-3875 to Defendant Michal Paige Huck’s

motion, ECF No. 17, by March 4, 2024. Defendant Michal Paige Huck may reply

only in case number 2:23-cv-3875.

The Clerk shall terminate the following motions: ECF No. 15 in case

number 2:23-cv-3927, ECF No. 10 in case number 2:23-cv-4008, ECF No. 8 in

case number 2:23-cv-4103, ECF No. 9 in case number 2:24-cv-79, and ECF No.

8 in case number 2:24-cv-184.

IT IS SO ORDERED. | Hi Uy me

MICHAEL H. WATSON, JUDGE

UNITED STATES DISTRICT COURT

Case No. 2:23-cv-3875 Page 6 of 6

Case No. 2:23-cv-3927

Case No. 2:23-cv-4008

Case No. 2:23-cv-4103

Case No. 2:24-cv-79

Case No. 2:24-cv-184

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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