# Doe v. Gallia County Local Schools Board of Education

> District Court, S.D. Ohio · February 26, 2024

URL: https://www.frixlaw.com/law-library/cases/10384102

## Case

- **Court:** District Court, S.D. Ohio
- **Decided:** February 26, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10384102

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10384102. Public record. Not legal advice.