IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

BRIAN RATCLIFF,

Plaintiff,

v.

MOUNT CARMEL HEALTH SYSTEM,

Defendant.

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CASE NO. 2:18-cv-00745

JUDGE ALGENON MARBLEY

MAGISTRATE JUDGE KIMBERLY 

JOLSON

DEFENDANT MOUNT CARMEL HEALTH SYSTEM’S ANSWER 

AND DEFENSES TO PLAINTIFF’S COMPLAINT

Defendant Mount Carmel Health System (“Defendant”) hereby submits its Answer and 

Defenses to Plaintiff Brian Ratcliff’s (“Plaintiff”) Complaint, averring, admitting and denying as 

follows:

Factual Allegations

1. Defendant lacks sufficient knowledge or information to form a belief about the 

truth of the allegations in Paragraph 1 of the Complaint and, therefore, denies the allegations. 

2. Defendant avers that Mount Carmel Health System is an Ohio non-profit 

corporation with an office located at 6001 East Broad Street, Columbus, Franklin County, Ohio. 

Defendant denies the remaining allegations in Paragraph 2 of the Complaint. 

3. Defendant lacks sufficient knowledge or information to form a belief about the 

truth of the allegations in Paragraph 3 of the Complaint and, therefore, denies the allegations.

4. Defendant avers that Plaintiff was employed by Defendant from on or about 

September 11, 2017 to on or about January 4, 2018 as a Lead Credentialing Coordinator. 

Defendant denies the remaining allegations in Paragraph 4 of the Complaint.

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FIRST CLAIM FOR RELIEF: VIOLATION OF OHIO 

WHISTLEBLOWER STATUTE ORC § 4113.52

5. Defendant restates the denials, admissions and averments set forth in the 

preceding paragraphs.

6. Defendant denies the allegations contained in Paragraph 6 of the Complaint.

7. Defendant lacks sufficient knowledge or information to form a belief about the 

truth of the allegations in Paragraph 7 of the Complaint and, therefore, denies the allegations.

8. Defendant denies the allegations contained in Paragraph 8 of the Complaint.

9. Defendant denies the allegations contained in Paragraph 9 of the Complaint.

10. Defendant denies the allegations contained in Paragraph 10 of the Complaint.

11. Defendant denies the allegations contained in Paragraph 11 of the Complaint.

SECOND CLAIM FOR RELIEF: WRONGFUL DISCHARGE IN VIOLATION 

OF PUBLIC POLICY AND OHIO COMMON LAW

12. Defendant restates the denials, admissions and averments set forth in the 

preceding paragraphs.

13. Defendant avers that Paragraph 13 of the Complaint states a legal conclusion to 

which no response is required. To the extent that a response is required, Defendant denies the 

allegations in Paragraph 13 of the Complaint. 

14. Defendant denies the allegations contained in Paragraph 14 of the Complaint.

15. Defendant denies the allegations contained in Paragraph 15 of the Complaint. 

16. Defendant denies the allegations contained in Paragraph 16 of the Complaint.

17. Defendant denies the allegations contained in Paragraph 17 of the Complaint.

18. Defendant denies the unnumbered paragraph following Paragraph 17 of the 

Complaint.

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19. Defendant denies each and every allegation in the Complaint not specifically 

admitted herein to be true. 

20. Defendant denies that Plaintiff is entitled to any of the relief requested in the 

Complaint. 

FIRST DEFENSE

21. Plaintiff’s Complaint, in whole or in part, fails to state a claim upon which relief 

can be granted.

SECOND DEFENSE

22. Defendant had a good faith, reasonable belief that its actions were taken for 

legitimate, non-discriminatory and non-retaliatory reasons. 

THIRD DEFENSE

23. Plaintiff failed to mitigate his damages, if any. 

FOURTH DEFENSE

24. Plaintiff’s Complaint fails to state a claim for which compensatory and/or 

punitive damages may be granted.

FIFTH DEFENSE

25. Plaintiff’s Complaint fails to state a clear public policy violated by Defendant.

SIXTH DEFENSE

26. Plaintiff’s claims fail because his termination did not jeopardize any public 

policy.

SEVENTH DEFENSE

27. Plaintiff’s claims fail because he cannot establish causation since his discharge 

was not motivated by conduct related to his alleged public policy.

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EIGHTH DEFENSE

28. Plaintiff’s claims fail because Defendant had an overriding legitimate business 

justification for terminating Plaintiff.

NINTH DEFENSE

29. Plaintiff’s claims are barred, in whole or in part, because Plaintiff failed to 

comply with the Ohio Whistleblower Act by not reporting the alleged wrong doing either orally 

or in writing to Defendant.

TENTH DEFENSE

30. Defendant reserves the right to add additional affirmative defenses that come to 

light during discovery.

WHEREFORE, Defendant, having responded to the allegations in Plaintiff’s Complaint, 

hereby demands judgment in its favor, that this case be dismissed with prejudice and that 

Defendant recover its attorneys’ fees and costs herein expended and such other and further relief 

as the Court deems just and proper. 

Respectfully submitted,

/s/ M.J. Asensio

M. J. Asensio (0030777), Trial Attorney

Samuel E. Endicott (0094026)

BAKER & HOSTETLER LLP

200 Civic Center Drive, Suite 1200 

Columbus, Ohio 43215

Telephone: (614) 228-1541

masensio@bakerlaw.com

sendicott@bakerlaw.com

Attorneys for Defendant 

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CERTIFICATE OF SERVICE

I hereby certify that on August 2, 2018, a copy of the foregoing was electronically filed 

with the Clerk of the Court using the CM/ECF system, which will send notification of such filing 

to Plaintiff’s counsel. 

I hereby certify that on August 2, 2018, a copy of the foregoing was served via U.S. mail 

postage prepaid on the following: 

Rayl L. Stepter (0047505)

Stepter Law Office 

5650 Blazer Parkway 

Dublin, Ohio 43017 

Attorney for Plaintiff

/s/ M.J. Asensio

Attorney for Defendant Mount Carmel Health System

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