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IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY, OHIO
CASSANDRA WILTZ, CASE NO. 23-CVH-070523
PLAINTIFF,
JUDGE D. GORMLEY
vs.
OHIOHEALTH, et al.,
MOTION OF DEFENDANTS
OHIOHEALTH, OHIOHEALTH PHYSICIAN GROUP, DR. CANDACE MARTIN, AND
QHIOQHEALTH CUSTODIAN OF RECORDS TO STAY DISCOVERY
Now come Defendants OhioHealth, OhioHealth Physician Group, Inc., Dr. Candace
Martin, and OhioHealth Custodian of Records, by and through counsel, and hereby move this
Court pursuant to Ohio Civ. R. 26, to order that discovery be stayed pending this Court’s decision
on their Motion to Dismiss, filed August 25, 2023, based upon Plaintiff's failure to file required
Affidavits of Merit. Plaintiff is a habitual, harassing litigant, now the subject of a Complaint filed
by the Ohio Attorney General’s Office in Franklin County, Ohio, to have her declared a vexatious
litigator pursuant to O.R.C. §2323.52(A)(2). Given Plaintiff's litigation history and the likely
frivolous nature of any discovery served by Plaintiff, the economic administration of justice
outweighs any unlikely benefit that Plaintiff would receive from early discovery or disclosures in
this case. The full reasons in support of this Motion are contained in the following Memorandum
In Support
CLERK OF CQWRTS,, DELAWARE COUNTY, OH - COMMON PLEAS COURT
23 CV H 07 0523 - GORMLEY, DAVID M
FILED: 09/19/2023 10:57 AM
Respectfully submitted,
s/ Karen L. Clouse
Bobbie S. Sprader (0064015)
bsprader@brickergraydon.com
Karen L. Clouse (0037294)
kclouse@brickergraydon.com
Karin M. Long (0101480)
kmlong@brickergraydon.com
Bricker Graydon LLP
100 South Third Street
Columbus, Ohio 43215-4291
Phone: (614) 227-2300
Fax: (614) 227-2390
Counsel for Defendants,
OhioHealth, OhioHealth Physician Group,
Dr. Candace Martin, and
OhioHealth Custodian of Records
Of Counsel:
Nita Garg, Esq. (0100479)
OhioHealth Corporation
David P. Blom Administrative Campus
3430 OhioHealth Parkway, 5'» Floor
Columbus, OH 43202
MEMORANDUM IN SUPPORT
Plaintiff filed this lawsuit on July 26, 2023, alleging a factual variety of medical
claims against, among others, Defendants OhioHealth, OhioHealth Physician Group,
Inc., Dr. Candace Martin and OhioHealth Custodian of Records (hereinafter “the
OhioHealth Defendants”). The OhioHealth Defendants filed a Motion to Dismiss
Plaintiffs’ claims in their entirety, pursuant to Civ. R. 12(B)(6) on August 25, 2023. The
basis for Defendants’ Motion to Dismiss is, generally, that Plaintiff filed this medical
malpractice action against Defendants without fulfilling the statutory requirement of
submitting Affidavits of Merit regarding the standard of care and proximate cause. (See,
Defendants’ Motion to Dismiss filed August 25, 2023; Ohio Civ. R. 10(D)). As such,
Plaintiff has failed to state a claim upon which relief may be granted and her claims should
be dismissed.
As was referenced in Defendants’ Motion to Dismiss, Plaintiff Cassandra Wiltz has
a history of filing prolific litigation against medical entities and providers, including
OhioHealth defendants, as well as others. In their Motion to Dismiss, Defendants
referenced the preparation of litigation to have Plaintiff declared a “vexatious litigator”
under O.R.C. §2323.52(A)(2). At this time, the Ohio Attorney General has filed a
vexatious litigator Complaint in Franklin County, Ohio. (See, Complaint, Dave Yost v.
Cassandra Wiltz, Franklin County Com. Pl. Case No. 23CV006543, filed September 14,
20203, attached as Exhibit A). The vexatious litigator Complaint filed against Plaintiff
Wiltz identifies thirty-two (32) actions filed by Plaintiff in Ohio’s common pleas courts,
appellate courts and Supreme Court. Insofar as all of the actions referenced identify
specific courts with assigned case numbers, Defendants ask this Court to take judicial
notice of them, as well as the fact that, in all of Plaintiff's prior actions (with the exception
of 4 that remain pending dismissal), Plaintiff has been unsuccessful in a single case.
LAW AND ARGUMENT
Ohio Civ. R. 26(A) permits this Court to issue orders regarding discovery and R.
26(C) specifically authorizes this Court, upon motion of any party, for good cause, to
“make any order that justice requires to protect a party or person from annoyance,
embarrassment, oppression, or undue burden or expense, including one or more of the
following: (1) that discovery not be had... .” Civ. R. 26 reflects the policy in Ohio that trial
courts have broad discretion in managing discovery to prevent abuses and unnecessary
burdens and costs to litigants. Toney v. Berkemer, 6 Ohio St.3d 455, 453 N.E.2d 700
(1983), citing Societe Internationale v. Rogers, 357 U.S. 197, 212 (1958); see also,
Utterback Dental Group, Inc., v. Lucido, 2013-Ohio-76, 2013 WL 160450 (5* Dist).
Furthermore, as set forth in Defendants’ Motion to Dismiss, the Ohio Supreme
Court has stated that the purpose behind requiring plaintiffs to file affidavits of merit is
to curtail the filing of frivolous medical malpractice claims, which, if not meritorious, are
a drain on judicial resources and those resources of unfortunate target defendants.
Fletcher v. University Hospitals of Cleveland, 120 Ohio St.3d 167, 2008-Ohio-5379, 110.
Following the clear mandates of Civ. R. 10(D) and the Ohio Supreme Court, it has been
found that affidavits of merit must be filed before discovery should be permitted.
Otherwise, the deterrent effect on frivolous malpractice claims is eroded. See, Colon v.
Fortune, 2008-Ohio-576, Cuyahoga App. No. 89527, unreported (8th Dist. 2008); Sapp
v. Hillcrest Hospital, Cuyahoga Com. Pl. Case No. 14CV819789, Journal Entry, Feb. 21,
2014; Robinson v. Cedarwood Plaza, Cuyahoga Com. Pl. Case No. 13CV809698, Journal
Entry, Oct. 16, 2013.
This Court should stay discovery with respect to these Defendants because the only
single issue immediately before the Court is whether Plaintiff filed the affidavits of merit
required by Civ. R. 10(D), which she did not, and any discovery on any other factual
matter would be premature and likely a futile waste of time and resources.
Furthermore, this lawsuit is just one of thirty-two (32) legal actions initiated by
Plaintiff Wiltz. She is not seeking any legitimate redress through a successful outcome of
any action. She gets her satisfaction by simply filing the lawsuits in the first instance and
causing time, expense, and disruption to her target defendants and the courts. Each time
a defendant is required to respond to her, she accomplishes her goals. There is no valid
end to her means. Defendants urge this Court to reduce the impact of Plaintiff's vexatious
filing in this case by staying discovery until such time as the Court rules on Defendants’
Motion to Dismiss.
Issuing an Order granting the Motion to Stay of these Defendants would be
consistent with prior Orders issued by this Court in this case with respect to Motions to
Stay of co-defendants. (See, Entry Granting Defendants Ashleigh Brody, M.D., Carl Allen,
M.D., and Central Ohio Skin Cancer, Inc.’s Motion to Stay Discovery Pending Motion for
Judgment on the Pleadings, filed September 15, 2023; Entry Granting Defendants Jacob
Burkart, M.D., Kaleigh Hinton, Sarah Withers, John Doe No. 2, University
Otolaryngologists, Inc., d/b/a Ohio ENT & Allergy Physicians’ Motion to Stay Discovery
Pending Motion for Judgment on the Pleadings, filed September 15, 20203).
CONCLUSION
For all of the foregoing reasons, Defendants OhioHealth, OhioHealth Physician
Group, Inc., Dr. Candace Martin and OhioHealth Custodian of Records respectfully
request this Court to issue an Order staying any and all discovery requirements or
obligations with respect to them until this Court has decided their Motion to Dismiss.
Defendants request this Court to include in its Order stay of: 1) the deadline for exchange
of initial disclosures under Civ. R. 26(B)(3); 2) any pre-trial conference, case management
conference or conference of the parties to plan discovery; 3) any and all discovery
obligations under the Ohio Rules of Civil Procedure.
Respectfully submitted,
s/ Karen L. Clouse
Bobbie S. Sprader (0064015)
bsprader@brickergraydon.com
Karen L. Clouse (0037294)
kclouse@brickergraydon.com
Karin M. Long (0101480)
kmlong@brickergraydon.com
Bricker Graydon LLP
100 South Third Street
Columbus, Ohio 43215-4291
Phone: (614) 227-2300
Fax: (614) 227-2390
Counsel for Defendants,
OhioHealth, OhioHealth Physician Group,
Dr. Candace Martin, and
OhioHealth Custodian of Records
Of Counsel:
Nita Garg, Esq. (0100479)
OhioHealth Corporation
David P. Blom Administrative Campus
3430 OhioHealth Parkway, 5'» Floor
Columbus, OH 43202
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Motion of Defendants
OhioHealth, OhioHealth Physician Group, Dr. Candace Martin, and OhioHealth
Custodian of Records to Stay Discovery was served via electronic mail, the court’s
electronic system, and/or regular U.S. mail, postage prepaid, this 19th day of September,
2023:
Cassandra Wiltz
PO Box 64
Delaware, Ohio 43015
Pro Se Plaintiff
Brant E. Poling, Esq.
Justin Przezdziecki, Esq.
300 East Broad Street, Suite 350
Columbus, Ohio 43215
Poling
bpoling@poling-law.com
jprzezdziecki@poling-law.com
Counsel For Defendants
Ohio ENT and Allergy Physicians,
Sarah Withers, Dr. Jacob Paul Burkhart,
Kaleigh Hinton, Ashleigh Briody,
Dr. Carl Allen & Central Ohio Skin and Cancer, Inc.,
s/ Karen L. Clouse
Karen L. Clouse (0037294)
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IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, OHIO CASSANDRA WILTZ, CASE NO. 23-CVH-070523 PLAINTIFF, JUDGE D. GORMLEY vs. OHIOHEALTH, et al., MOTION OF DEFENDANTS OHIOHEALTH, OHIOHEALTH PHYSICIAN GROUP, DR. CANDACE MARTIN, AND QHIOQHEALTH CUSTODIAN OF RECORDS TO STAY DISCOVERY Now come Defendants OhioHealth, OhioHealth Physician Group, Inc., Dr. Candace Martin, and OhioHealth Custodian of Records, by and through counsel, and hereby move this Court pursuant to Ohio Civ. R. 26, to order that discovery be stayed pending this Court’s decision on their Motion to Dismiss, filed August 25, 2023, based upon Plaintiff's failure to file required Affidavits of Merit. Plaintiff is a habitual, harassing litigant, now the subject of a Complaint filed by the Ohio Attorney General’s Office in Franklin County, Ohio, to have her declared a vexatious litigator pursuant to O.R.C. §2323.52(A)(2). Given Plaintiff's litigation history and the likely frivolous nature of any discovery served by Plaintiff, the economic administration of justice outweighs any unlikely benefit that Plaintiff would receive from early discovery or disclosures in this case. The full reasons in support of this Motion are contained in the following Memorandum In Support CLERK OF CQWRTS,, DELAWARE COUNTY, OH - COMMON PLEAS COURT 23 CV H 07 0523 - GORMLEY, DAVID M FILED: 09/19/2023 10:57 AM Respectfully submitted, s/ Karen L. Clouse Bobbie S. Sprader (0064015) bsprader@brickergraydon.com Karen L. Clouse (0037294) kclouse@brickergraydon.com Karin M. Long (0101480) kmlong@brickergraydon.com Bricker Graydon LLP 100 South Third Street Columbus, Ohio 43215-4291 Phone: (614) 227-2300 Fax: (614) 227-2390 Counsel for Defendants, OhioHealth, OhioHealth Physician Group, Dr. Candace Martin, and OhioHealth Custodian of Records Of Counsel: Nita Garg, Esq. (0100479) OhioHealth Corporation David P. Blom Administrative Campus 3430 OhioHealth Parkway, 5'» Floor Columbus, OH 43202 MEMORANDUM IN SUPPORT Plaintiff filed this lawsuit on July 26, 2023, alleging a factual variety of medical claims against, among others, Defendants OhioHealth, OhioHealth Physician Group, Inc., Dr. Candace Martin and OhioHealth Custodian of Records (hereinafter “the OhioHealth Defendants”). The OhioHealth Defendants filed a Motion to Dismiss Plaintiffs’ claims in their entirety, pursuant to Civ. R. 12(B)(6) on August 25, 2023. The basis for Defendants’ Motion to Dismiss is, generally, that Plaintiff filed this medical malpractice action against Defendants without fulfilling the statutory requirement of submitting Affidavits of Merit regarding the standard of care and proximate cause. (See, Defendants’ Motion to Dismiss filed August 25, 2023; Ohio Civ. R. 10(D)). As such, Plaintiff has failed to state a claim upon which relief may be granted and her claims should be dismissed. As was referenced in Defendants’ Motion to Dismiss, Plaintiff Cassandra Wiltz has a history of filing prolific litigation against medical entities and providers, including OhioHealth defendants, as well as others. In their Motion to Dismiss, Defendants referenced the preparation of litigation to have Plaintiff declared a “vexatious litigator” under O.R.C. §2323.52(A)(2). At this time, the Ohio Attorney General has filed a vexatious litigator Complaint in Franklin County, Ohio. (See, Complaint, Dave Yost v. Cassandra Wiltz, Franklin County Com. Pl. Case No. 23CV006543, filed September 14, 20203, attached as Exhibit A). The vexatious litigator Complaint filed against Plaintiff Wiltz identifies thirty-two (32) actions filed by Plaintiff in Ohio’s common pleas courts, appellate courts and Supreme Court. Insofar as all of the actions referenced identify specific courts with assigned case numbers, Defendants ask this Court to take judicial notice of them, as well as the fact that, in all of Plaintiff's prior actions (with the exception of 4 that remain pending dismissal), Plaintiff has been unsuccessful in a single case. LAW AND ARGUMENT Ohio Civ. R. 26(A) permits this Court to issue orders regarding discovery and R. 26(C) specifically authorizes this Court, upon motion of any party, for good cause, to “make any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that discovery not be had... .” Civ. R. 26 reflects the policy in Ohio that trial courts have broad discretion in managing discovery to prevent abuses and unnecessary burdens and costs to litigants. Toney v. Berkemer, 6 Ohio St.3d 455, 453 N.E.2d 700 (1983), citing Societe Internationale v. Rogers, 357 U.S. 197, 212 (1958); see also, Utterback Dental Group, Inc., v. Lucido, 2013-Ohio-76, 2013 WL 160450 (5* Dist). Furthermore, as set forth in Defendants’ Motion to Dismiss, the Ohio Supreme Court has stated that the purpose behind requiring plaintiffs to file affidavits of merit is to curtail the filing of frivolous medical malpractice claims, which, if not meritorious, are a drain on judicial resources and those resources of unfortunate target defendants. Fletcher v. University Hospitals of Cleveland, 120 Ohio St.3d 167, 2008-Ohio-5379, 110. Following the clear mandates of Civ. R. 10(D) and the Ohio Supreme Court, it has been found that affidavits of merit must be filed before discovery should be permitted. Otherwise, the deterrent effect on frivolous malpractice claims is eroded. See, Colon v. Fortune, 2008-Ohio-576, Cuyahoga App. No. 89527, unreported (8th Dist. 2008); Sapp v. Hillcrest Hospital, Cuyahoga Com. Pl. Case No. 14CV819789, Journal Entry, Feb. 21, 2014; Robinson v. Cedarwood Plaza, Cuyahoga Com. Pl. Case No. 13CV809698, Journal Entry, Oct. 16, 2013. This Court should stay discovery with respect to these Defendants because the only single issue immediately before the Court is whether Plaintiff filed the affidavits of merit required by Civ. R. 10(D), which she did not, and any discovery on any other factual matter would be premature and likely a futile waste of time and resources. Furthermore, this lawsuit is just one of thirty-two (32) legal actions initiated by Plaintiff Wiltz. She is not seeking any legitimate redress through a successful outcome of any action. She gets her satisfaction by simply filing the lawsuits in the first instance and causing time, expense, and disruption to her target defendants and the courts. Each time a defendant is required to respond to her, she accomplishes her goals. There is no valid end to her means. Defendants urge this Court to reduce the impact of Plaintiff's vexatious filing in this case by staying discovery until such time as the Court rules on Defendants’ Motion to Dismiss. Issuing an Order granting the Motion to Stay of these Defendants would be consistent with prior Orders issued by this Court in this case with respect to Motions to Stay of co-defendants. (See, Entry Granting Defendants Ashleigh Brody, M.D., Carl Allen, M.D., and Central Ohio Skin Cancer, Inc.’s Motion to Stay Discovery Pending Motion for Judgment on the Pleadings, filed September 15, 2023; Entry Granting Defendants Jacob Burkart, M.D., Kaleigh Hinton, Sarah Withers, John Doe No. 2, University Otolaryngologists, Inc., d/b/a Ohio ENT & Allergy Physicians’ Motion to Stay Discovery Pending Motion for Judgment on the Pleadings, filed September 15, 20203). CONCLUSION For all of the foregoing reasons, Defendants OhioHealth, OhioHealth Physician Group, Inc., Dr. Candace Martin and OhioHealth Custodian of Records respectfully request this Court to issue an Order staying any and all discovery requirements or obligations with respect to them until this Court has decided their Motion to Dismiss. Defendants request this Court to include in its Order stay of: 1) the deadline for exchange of initial disclosures under Civ. R. 26(B)(3); 2) any pre-trial conference, case management conference or conference of the parties to plan discovery; 3) any and all discovery obligations under the Ohio Rules of Civil Procedure. Respectfully submitted, s/ Karen L. Clouse Bobbie S. Sprader (0064015) bsprader@brickergraydon.com Karen L. Clouse (0037294) kclouse@brickergraydon.com Karin M. Long (0101480) kmlong@brickergraydon.com Bricker Graydon LLP 100 South Third Street Columbus, Ohio 43215-4291 Phone: (614) 227-2300 Fax: (614) 227-2390 Counsel for Defendants, OhioHealth, OhioHealth Physician Group, Dr. Candace Martin, and OhioHealth Custodian of Records Of Counsel: Nita Garg, Esq. (0100479) OhioHealth Corporation David P. Blom Administrative Campus 3430 OhioHealth Parkway, 5'» Floor Columbus, OH 43202 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Motion of Defendants OhioHealth, OhioHealth Physician Group, Dr. Candace Martin, and OhioHealth Custodian of Records to Stay Discovery was served via electronic mail, the court’s electronic system, and/or regular U.S. mail, postage prepaid, this 19th day of September, 2023: Cassandra Wiltz PO Box 64 Delaware, Ohio 43015 Pro Se Plaintiff Brant E. Poling, Esq. Justin Przezdziecki, Esq. 300 East Broad Street, Suite 350 Columbus, Ohio 43215 Poling bpoling@poling-law.com jprzezdziecki@poling-law.com Counsel For Defendants Ohio ENT and Allergy Physicians, Sarah Withers, Dr. Jacob Paul Burkhart, Kaleigh Hinton, Ashleigh Briody, Dr. Carl Allen & Central Ohio Skin and Cancer, Inc., s/ Karen L. Clouse Karen L. Clouse (0037294)