Opinion
2021-1210
10-07-2021
OHIO ORGANIZING COLLABORATIVE v. OHIO REDISTRICTING COMM.
CASE ANNOUNCEMENT
MOTION AND PROCEDURAL RULING
On complaint invoking this court's original jurisdiction pursuant to Article XI, Section 9 of the Ohio Constitution. On relators' motion to compel expedited discovery. Motion granted in part. Respondents' responses to relators' interrogatories, requests for production of documents, and requests for admission shall be served on or before October 12, 2021.
Relators in case Nos. 2021-1193, 2021-1198, and 2021-1210 shall be allowed to jointly take one deposition of each of the respondents, Governor Michael DeWine, Senate President Matt Huffman, House Speaker Robert R. Cupp, Secretary of State Frank LaRose, and Auditor of State Keith Faber, by October 21, 2021. Only one deposition of each of these respondents shall be allowed. Each deposition taken by relators shall be limited to two hours, with respondents' counsel allowed an additional one hour of examination if needed. Depositions may be taken remotely.
Discovery from nonparties shall be permitted and obtained pursuant to the Ohio Rules of Civil Procedure applicable to nonparty discovery.
Relators' request to appoint master commissioner for resolution of discovery disputes denied. Any disputes concerning discovery shall be addressed to the court by motion.
DeWine, J., would set October 15th as the response deadline.
Kennedy, J., concurs in part and dissents in part and would require the commission members to respond by October 15th, would allow the parties in each case to jointly depose each commission member for no more than four hours, and would appoint a retired judge or a Court of Claims judge as master commissioner to resolve discovery disputes.
Fischer, J., concurs in part and dissents in part and would deny the request to compel written discovery.