Speck v. State Of Ohio

CourtDistrict Court, S.D. Ohio
DecidedJuly 17, 2025
Docket2:24-cv-03973
StatusUnknown

This text of Speck v. State Of Ohio (Speck v. State Of Ohio) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Speck v. State Of Ohio, (S.D. Ohio 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

TONYA MARIE SPECK,

Plaintiff, Case No. 2:24-cv-3973 v. Judge Edmund A. Sargus, Jr. Magistrate Judge Elizabeth P. Deavers STATE OF OHIO, et al.,

Defendants.

OPINION AND ORDER This matter is before the Court for consideration of Defendant State of Ohio’s Motion to Dismiss Plaintiff Tonya Marie Speck’s Complaint (ECF No. 8), Defendant Ethan Pfleiderer’s Motion to Set Aside Default (ECF No. 19), Plaintiff Tonya Marie Speck’s Motion to Note and Enter Default Against Defendants (ECF No. 10) and Ms. Speck’s Motion for Default Judgment (ECF No. 16). For the reasons stated below, the State of Ohio’s Motion to Dismiss is GRANTED. Mr. Pfleiderer’s Motion to Set Aside Default is GRANTED. Ms. Speck’s Motion to Note and Enter Default is DENIED, and her Motion for Default Judgment is DENIED. Ms. Speck’s claims against the State of Ohio and Mr. Pfleiderer are DISMISSED because this Court lacks subject matter jurisdiction. BACKGROUND Ms. Speck, proceeding pro se, filed a Complaint in this Court against Defendants the State of Ohio and Ethan Pfleiderer. (ECF No. 1.) She alleges that in two cases, the Morrow County, Ohio Court of Common Pleas wrongly granted summary judgment in favor of Mr. Pfleiderer and awarded him property. (Id. ¶¶ 11–24.) Ms. Speck alleges that the State of Ohio failed to prevent the judgments in favor of Mr. Pfleiderer and that Mr. Pfleiderer improperly benefitted from those judgments. (Id. ¶¶ 25–27.) I. State Court Litigation In July 2020, Ms. Speck brought an action in the Morrow County Court of Common Pleas regarding the Estate of Ruhl Edward Rogers (the “Estate”). In re: Estate of Rogers, No. 2020 ES 19057 (Morrow Cnty. Ct. Com. Pl. July 10, 2020). The Parties in this case agree that, pursuant to an order in that Morrow County Court case, Ms. Speck is a duly appointed and authorized Administrator of the Estate. (ECF No. 1, ¶ 8; ECF No. 19, PageID 112; see ECF No. 8, PageID 68.) In 2023, Defendant Ethan Pfleiderer brought a civil action in the Morrow County Court of Common Pleas against Ms. Speck in her capacity as Administrator of the Estate. Pfleiderer v. Speck, No. 2023 PC 0005 (Morrow Cnty. Ct. Com. Pl. May 24, 2023). He alleged that the Estate

previously owned a property located at 5061 County Road 29, Galion, Ohio (the “Property”) and that on March 3, 2021, Mr. Pfleiderer and Ms. Speck (acting in her role as Administrator) agreed in writing for Mr. Pfleiderer to purchase the Property. (ECF No. 19-1, PageID 120.) Ms. Speck, who was not represented by counsel in the 2023 case, made several filings challenging the property sale contract on behalf of other parties, including the Estate. (See ECF No. 19-2, PageID 139; ECF No. 19-3, PageID 141.) The Morrow County Court ordered Ms. Speck to obtain counsel to avoid the unauthorized practice of law on behalf of others (including the Estate). (ECF No. 19-2, PageID 139–40.) The Morrow County Court warned her that if she failed to obtain counsel, “all pleadings and other

documents filed in this matter” in her capacity as Administrator “shall be stricken from the record and dismissed without prejudice.” (Id.) Several weeks later, the Morrow County Court found that Ms. Speck did not comply with that order, struck her improper filings, and gave her the opportunity to refile amended documentation on behalf of herself only. (ECF No. 19-3, PageID 141–43.) Mr. Pfleiderer moved for summary judgment in May 2024. (ECF No. 19-4, PageID 144.) The Court granted his motion in September 2024, finding no genuine issue of material fact. (ECF No. 19-4, PageID 144–45.) Ms. Speck appealed the trial court’s order granting summary judgment to Mr. Pfleiderer to the Ohio Court of Appeals, arguing in part that the trial court should not have struck her pleadings on behalf of the Estate. Pfleiderer v. Speck, Case No. 2024CA00008, 2025 WL 1433712, at *1 (5th Dist. Ohio Ct. App. May 7, 2025). The Ohio Court of Appeals affirmed the trial court’s judgment, including its order striking Ms. Speck’s filings and its order granting summary judgment to Mr. Pfleiderer. Id. at *2. After the Morrow County Court granted summary judgment against her, Ms. Speck

brought another case in the same court against Mr. Pfleiderer. Speck v. Pfleiderer, No. 2024 CV 0116 (Morrow Cnty. Ct. Com. Pl. Sept. 12, 2024). The Morrow Court Court granted a motion by Mr. Pfleiderer for judgment on the pleadings and granted a motion to strike Ms. Speck’s filings on behalf of the Estate because she is not a licensed attorney. Speck v. Pfleiderer, No. 2024 CV 0116 (Morrow Cnty. Ct. Com. Pl. Oct. 1, 2024). Ms. Speck and Mr. Pfleiderer both filed numerous documents from their Morrow County Court cases in this proceeding, and this Court takes judicial notice of those filings and proceedings. (ECF Nos. 1, PageID 14–40; 19-1; 19-2; 19-3; 19-4); see Buck v. Thomas M. Cooley Law Sch., 597 F.3d 812, 816 (6th Cir. 2010) (In considering a motion to dismiss, “a court may take judicial

notice of other court proceedings without converting the motion into one for summary judgment.”); see also Ashland, Inc. v. Oppenheimer & Co., 648 F.3d 461, 467 (6th Cir. 2011) (“In addition to the allegations in the complaint, [courts] may also consider other materials that are integral to the complaint, are public records, or are otherwise appropriate for the taking of judicial notice.” (quotation omitted)). II. Federal Litigation On September 24, 2024, Ms. Speck, “as Principal Trustee for the Estate and Living Trust of Ruhl E. Rogers, and on her own behalf,” filed a Complaint in this Court against the State of Ohio and Mr. Pfleiderer. (ECF No. 1, PageID 1). She filed this case shortly after losing at summary judgment in the first Morrow County Court case and filing the second case in that court. Ms. Speck alleges that she is the “legal owner and trustee” of the Property that was subject to litigation in the Morrow County Court. (Id. ¶¶ 8, 11). She further alleges that Mr. Pfleiderer illegally obtained the Property by directing his attorney and Ms. Speck’s attorney to pressure Ms. Speck into signing the real estate contract and that she signed the contract under duress. (Id. ¶¶ 3,

35.) Ms. Speck also alleges that the state courts did not rule in her favor because the state courts were biased against her. (Id. ¶ 17.) Additionally, she claims that “the State of Ohio, through its judicial system, has not only failed to protect [her] rights but also permitted Defendant Pfleiderer to pursue his fraudulent claims.” (Id. ¶ 25.) Against Mr. Pfleiderer, Ms. Speck claims a violation of Ohio’s statute of frauds, Ohio Revised Code § 1335.04, fraud and duress, and unjust enrichment. (Id. ¶¶ 31–40.) Against the State of Ohio, Ms. Speck claims a violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution and “Complicity Through Inaction.” (Id. ¶¶ 28–30, 41–44.) Under the latter claim, Ms. Speck alleges that the State of Ohio “denied Plaintiff the equal

protection of the laws guaranteed by the Fourteenth Amendment,” so the Court construes her Complant as raising an Equal Protection Clause claim. (Id. ¶ 43.) The State of Ohio moved to dismiss Ms. Speck’s claims against it under Federal Rule of Civil Procedure 12(b)(1) on the grounds that the Court lacks subject matter jurisdiction and that it is immune to suit under the Eleventh Amendment to the United States Constitution. (ECF No. 8, PageID 59.) It also moved to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. (Id.) Ms. Speck filed a response in opposition to the State of Ohio’s motion. (ECF No. 9.) The State of Ohio filed a reply. (ECF No. 12.) Ms.

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