Case: Vinyard v. IL Dept. Human Svc.

2:21-cv-02043 | U.S. District Court for the Central District of Illinois

Filed Date: March 5, 2021

Closed Date: June 2, 2023

Clearinghouse coding complete

Case Summary

Plaintiff in this case is a young man with a physical disability who had received support services, through the State Medicaid waiver program since 1990. These services enabled him to live independently in the community, but on March 2019, his home care provider told him his services would be terminated on March 22, 2019. He received no notice from the Illinois Department of Human Services (IDHS) that ran the waiver program.   On April 11, 2019 he requested an administrative hearing. The hearin…

Plaintiff in this case is a young man with a physical disability who had received support services, through the State Medicaid waiver program since 1990. These services enabled him to live independently in the community, but on March 2019, his home care provider told him his services would be terminated on March 22, 2019. He received no notice from the Illinois Department of Human Services (IDHS) that ran the waiver program.  

On April 11, 2019 he requested an administrative hearing. The hearing officer reviewed the facts and recommended that the services be reversed. The hearing officer found that “any challenges [IDHS] had in locating homemakers for Plaintiff’s care did not justify termination…”and that Plaintiff should have the right to self-direct his care and select his own providers. In November 2019, the Secretary of IDHS adopted this decision and reinstated the services.  Plaintiff was never told that he had a right to continue to receive services during the 8 months that he requested a hearing and awaited the decision. He went without services, and he could not meet his daily needs and faced a serious risk of institutionalization. His sister left her job and moved herself and her children to Illinois to care for him. They incurred high costs for his care and struggled.

On March 5, 2021, Equip for Equality filed suit, on his behalf, in the U.S. District Court for the Central District of Illinois. They claimed that the Secretary of IDHS, prevented his right to live independently in the community in violation the 14th Amendment and the integration regulations of the Americans with Disabilities Act (ADA) and Rehabilitation Act, Section 504 and failed to provide timely notice of the termination, or inform him that he has a right to appeal and continue to receive services pending a decision, in violation of federal Medicaid law and the Affordable Care Act (ACA). 

Plaintiffs sought compensatory and punitive damages as well as attorneys’ fees and costs. Plaintiffs also sought a jury trial.  The parties engaged in several months of discovery, as well as settlement negotiations.  On February 17, 2023, the parties reported the case settled, for a monetary amount not known to the Clearinghouse.  On June 1, 2023, the parties filed a stipulation of voluntary dismissal in light of their settlement.  The court closed the case on June 2, 2023.

Summary Authors

NDRN (6/29/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59710697/parties/vinyard-v-illinois-department-of-human-services/


Judge(s)

Bruce, Colin Stirling (Illinois)

Attorney for Plaintiff

Miller, Laura J (Illinois)

Mollica, Paul W (Illinois)

Attorney for Defendant

Fruth, Shannon Lynn (Illinois)

Traynoff, Taylor (Illinois)

Documents in the Clearinghouse

Documents in this case
1

2:21-cv-02043

Complaint

Vinyard v. Illinois Department Human Services

March 5, 2021

March 5, 2021

Complaint
32

2:21-cv-02043

Status Report

Vinyard v. Illinois Department Human Services

Feb. 17, 2023

Feb. 17, 2023

Pleading / Motion / Brief
36

2:21-cv-02043

Parties’ FED. R. CIV. P. 41(a)(1)(A)(ii) Stipulation of Dismissal

Vinyard v. Illinois Department Human Services

June 1, 2023

June 1, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59710697/vinyard-v-illinois-department-of-human-services/

Last updated Sept. 29, 2026, 5:12 a.m.

Docket for: Vinyard v. Illinois Department of Human Services
ECF Number Date Description Link
1 March 5, 2021

COMPLAINT against Illinois Department of Human Services, Tammy Nemeth (Filing fee $402, Receipt 24626009888), filed by Bobby Vinyard. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet, # 3 Nemeth Summons, # 4 IL Dept Summons) (TC) (Entered: 03/05/2021)

1 Exhibits

View on PACER

2 Civil Cover Sheet

View on PACER

3 Nemeth Summons

View on PACER

4 IL Dept Summons

View on PACER

RECAP
2 March 5, 2021

Summons Issued as to Illinois Department of Human Services, Tammy Nemeth. (Mailed to Plaintiff's attorney for service.) (TC) (Entered: 03/05/2021)

RECAP
March 5, 2021

Case Assigned to Judge Colin Stirling Bruce and Magistrate Judge Eric I. Long. (TC)

March 5, 2021

Case Assigned/Reassigned

3 March 8, 2021

NOTICE of Appearance of Attorney by Andrew Rowland Webb on behalf of Bobby Vinyard (Webb, Andrew) (Entered: 03/08/2021)

RECAP
4 March 16, 2021

NOTICE of Appearance of Attorney by Shannon Lynn Fruth on behalf of Illinois Department of Human Services, Tammy Nemeth (Fruth, Shannon) (Entered: 03/16/2021)

RECAP
5 March 16, 2021

WAIVER OF SERVICE Returned Executed by Bobby Vinyard. Illinois Department of Human Services waiver sent on 3/11/2021, answer due 5/10/2021. (Mollica, Paul) (Entered: 03/16/2021)

RECAP
6 March 16, 2021

WAIVER OF SERVICE Returned Executed by Bobby Vinyard. Tammy Nemeth waiver sent on 3/11/2021, answer due 5/10/2021. (Mollica, Paul) (Entered: 03/16/2021)

RECAP
7 March 18, 2021

NOTICE of Appearance of Attorney by Paul W Mollica on behalf of Bobby Vinyard (Mollica, Paul) (Entered: 03/18/2021)

RECAP
8 March 18, 2021

NOTICE of Appearance of Attorney by Laura J Miller on behalf of Bobby Vinyard (Miller, Laura) (Entered: 03/18/2021)

RECAP
9 March 18, 2021

ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 3/18/2021. Rule 16 Scheduling Conference is set for 4/21/2021 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written Order. (DS) (Entered: 03/18/2021)

RECAP
10 April 12, 2021

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Bobby Vinyard. (Mollica, Paul) (Entered: 04/12/2021)

RECAP
11 April 13, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/13/2021. Pursuant to Central District of Illinois Amended General Order 20-01, In Re: COVID-19 Public Emergency, the court hereby vacates the Rule 16 Scheduling Conference set for 4/21/21. The court adopts the deadlines in the Parties Agreed Report of Rule 26(f) Planning Meeting 10 . The following deadlines are set: Defendant's answer or other filing is due 5/10/21, initial disclosures due 5/31/21, discovery closes 12/3/21, case dispositive motions due 1/24/22. Final Pretrial Conference set for 5/27/22 at 10:30 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 6/14/22 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. The court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are reminded of option of Court sponsored mediation/Settlement Conference. The Court directs the Clerk to provide the parties with a copy of the Court's consent to magistrate judge form. A telephone status conference is set for 6/23/21 at 10:00 AM, before Magistrate Judge Eric I. Long. The call-in number is 571-353-2300, then enter 068715238#. If the prior conference has not finished, please mute your line while you wait for your case to be called. (DS) Modified on 4/13/2021 to correct Rule 16 Date (DS). (Entered: 04/13/2021)

RECAP
12 May 10, 2021

MOTION for Extension of Time to File Answer re 1 Complaint by Defendants Illinois Department of Human Services, Tammy Nemeth. Responses due by 5/24/2021 (Fruth, Shannon) (Entered: 05/10/2021)

RECAP
May 11, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/11/2021. Defendants' Motion for Extension of Time 12 is GRANTED. Defendants' deadline to respond to Plaintiff's Complaint is extended to 5/24/21. (DS)

May 11, 2021

Order on Motion for Extension of Time to Answer

13 May 24, 2021

ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by Illinois Department of Human Services, Tammy Nemeth.(Fruth, Shannon) (Entered: 05/24/2021)

RECAP
June 23, 2021

Minute entry for proceedings held 6/23/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Paul Mollica. Appearance on behalf of defendants by Shannon Fruth. Status hearing held by telephone. Status of the case/discovery discussed. Further status hearing set for 9/20/21 at 10:45 AM by telephone from Urbana before Magistrate Judge Eric I. Long. Parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (Tape #UR-B 10:06 AM.) (DS)

June 23, 2021

~Util - Set/Reset Hearings AND Status Conference - Referral Judge

Sept. 15, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/15/2021. Due to a conflict, the Status Conference set for 9/20/21 is RESCHEDULED to 9/27/21 at 10:30 AM. The call-in number is 571-353-2300, then enter 068715238#. (DS)

Sept. 15, 2021

~Util - Set/Reset Hearings AND Order

Sept. 22, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/22/2021. Due to a conflict in the Court's calendar, the Status Conference set for 9/27/21 at 10:30 AM is changed in time only to 9/27/21 at 11:15 AM. The call-in number is 571-353-2300, then enter 068715238#. If the prior conference has not finished, please mute your line while you wait for your case to be called. (DS)

Sept. 22, 2021

~Util - Set/Reset Hearings AND Order

Sept. 27, 2021

Minute entry for proceedings held on 9/27/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Andrew Webb and Paul Mollica. Appearance on behalf of defendants by Shannon Fruth. Status hearing held by telephone. Status of the case/discovery discussed. Parties request a settlement conference be set. The Court will contact parties to schedule a date. (Tape #UR-B 11:15 AM.) (DS)

Sept. 27, 2021

Status Conference - Referral Judge

14 Sept. 29, 2021

ORDER entered by Magistrate Judge Eric I. Long on 9/29/2021. A Settlement Conference is set for 12/1/2021 at 1:30 PM via video conference before Magistrate Judge Eric I. Long. A Presettlement Conference with Plaintiff's Counsel is set for 11/30/2021 at 1:30 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. A Presettlement Conference with Defendant's Counsel is set for 11/30/2021 at 2:00 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Confidential Settlement letters due 11/24/2021. See written Order. (DS) (Entered: 09/29/2021)

RECAP
15 Sept. 29, 2021

Letter to Counsel from Judge Long regarding settlement conference. (DS) (Entered: 09/29/2021)

RECAP
16 Oct. 15, 2021

NOTICE of Appearance of Attorney by Taylor Traynoff on behalf of Illinois Department of Human Services, Tammy Nemeth (Traynoff, Taylor) (Entered: 10/15/2021)

RECAP
17 Oct. 15, 2021

MOTION to Substitute Attorney, Shannon Fruth to be replaced by Taylor Traynoff, by Defendants Illinois Department of Human Services, Tammy Nemeth. Responses due by 10/29/2021 (Traynoff, Taylor) (Entered: 10/15/2021)

RECAP
Oct. 18, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/18/2021. The Motion to Substitute Attorney 17 is GRANTED. The Court directs the Clerk to terminate attorney Shannon Fruth from this case. (DS)

Oct. 18, 2021

Order on Motion to Substitute Attorney

18 Nov. 22, 2021

MOTION to Continue Settlement by Defendants Illinois Department of Human Services, Tammy Nemeth. Responses due by 12/6/2021 (Traynoff, Taylor) (Entered: 11/22/2021)

RECAP
Nov. 23, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/23/2021. The Motion to Continue Settlement Conference 18 is GRANTED. The Settlement Conference set for 12/1/21 and pre-Settlement Conference calls set for 11/30/21 are VACATED. The Court directs the parties to contact the Court when they are ready to reschedule the settlement conference. (DS)

Nov. 23, 2021

Order AND 1 - Terminate Deadlines and Hearings AND Order on Motion to Continue

Nov. 23, 2021

1 - Terminate Deadlines and Hearings AND Order AND Order on Motion to Continue

Nov. 23, 2021

1 - Terminate Deadlines and Hearings AND Order on Motion to Continue AND Order

Nov. 23, 2021

Order AND Order on Motion to Continue AND 1 - Terminate Deadlines and Hearings

19 Dec. 3, 2021

Joint MOTION to Amend/Correct 11 Order,,,,,, Terminate Deadlines and Hearings,,,,,, Set/Reset Deadlines/Hearings,,,,, by Defendants Illinois Department of Human Services, Tammy Nemeth. Responses due by 12/17/2021 (Traynoff, Taylor) (Entered: 12/03/2021)

RECAP
Dec. 6, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/6/2021. The Joint Motion to Amend Scheduling Order 19 is GRANTED. Discovery closes 5/2/22. Dispositive motions due 6/2/22. Final Pretrial Conference set for 10/31/22 at 11:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 11/15/22 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana.(DS)

Dec. 6, 2021

Order AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct

Dec. 6, 2021

~Util - Set/Reset Deadlines/Hearings AND Order AND Order on Motion to Amend/Correct

Dec. 6, 2021

~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct AND Order

20 Dec. 8, 2021

MOTION to Compel Discovery by Plaintiff Bobby Vinyard. Responses due by 12/22/2021 (Mollica, Paul) (Entered: 12/08/2021)

RECAP
21 Dec. 22, 2021

RESPONSE to Motion re 20 MOTION to Compel Discovery filed by Defendants Illinois Department of Human Services, Tammy Nemeth. (Traynoff, Taylor) (Entered: 12/22/2021)

RECAP
Dec. 27, 2021

TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/27/2021. Pursuant to the representations in Defendants' Response to Motion to Compel 21, Plaintiff's Motion to Compel 20 is denied as moot. (DS)

Dec. 27, 2021

Order on Motion to Compel

22 Jan. 28, 2022

Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Deadlines/Hearings, by Defendant Illinois Department of Human Services. Responses due by 2/11/2022 (Traynoff, Taylor) (Entered: 01/28/2022)

RECAP
Feb. 1, 2022

TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/1/2022. The Joint Motion to Amend Schedule 22 is GRANTED. The following deadlines are set: discovery closes 10/3/22, case dispositive motions due 11/1/22. Final Pretrial Conference set for 2/6/23 at 11:45 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 2/21/23 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. (DS)

Feb. 1, 2022

Order AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct

Feb. 1, 2022

~Util - Set/Reset Deadlines/Hearings AND Order AND Order on Motion to Amend/Correct

Feb. 1, 2022

~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct AND Order

23 Aug. 22, 2022

Third MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Deadlines/Hearings, by Defendants Illinois Department of Human Services, Tammy Nemeth. Responses due by 9/6/2022 (Traynoff, Taylor) (Entered: 08/22/2022)

RECAP
Aug. 23, 2022

TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/23/2022. The parties' Joint Motion to Amend Scheduling Order 23 is GRANTED. Discovery closes 12/30/22, dispositive motions due 1/30/23. Final Pretrial Conference set for 6/5/23 at 10:45 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 6/20/23 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana.(DS)

Aug. 23, 2022

~Util - Set/Reset Deadlines/Hearings AND Order AND Order on Motion to Amend/Correct

Aug. 23, 2022

~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct AND Order

Aug. 23, 2022

Order AND ~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Amend/Correct

24 Oct. 26, 2022

NOTICE of Appearance of Attorney by Salena Young on behalf of Illinois Department of Human Services, Tammy Nemeth (Young, Salena) (Entered: 10/26/2022)

RECAP
25 Oct. 26, 2022

MOTION to Substitute Attorney, Taylor Traynoff to be replaced by Salena Young, by Defendants Illinois Department of Human Services, Tammy Nemeth. Responses due by 11/9/2022 (Young, Salena) (Entered: 10/26/2022)

RECAP
Oct. 27, 2022

TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/27/2022. The Motion to Substitute Counsel 25 is GRANTED. The Court directs the Clerk to terminate attorney Taylor Traynoff from this case. (DS)

Oct. 27, 2022

Order on Motion to Substitute Attorney

26 Nov. 10, 2022

Second MOTION to Compel Discovery by Plaintiff Bobby Vinyard. Responses due by 11/25/2022 (Mollica, Paul) (Entered: 11/10/2022)

RECAP
27 Nov. 23, 2022

RESPONSE to Motion re 26 Second MOTION to Compel Discovery filed by Defendants Illinois Department of Human Services, Tammy Nemeth. (Young, Salena) (Entered: 11/23/2022)

RECAP
28 Nov. 28, 2022

MOTION for Leave to File a Reply in Support of the Second Motion to Compel by Plaintiff Bobby Vinyard. Responses due by 12/12/2022 (Mollica, Paul) (Entered: 11/28/2022)

RECAP
29 Nov. 28, 2022

PLAINTIFF'S REPLY IN SUPPORT OF THE Second MOTION to Compel Discovery 26 filed by Plaintiff Bobby Vinyard. (TC) (Entered: 11/28/2022)

RECAP
Nov. 28, 2022

TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/28/2022. Plaintiff's Motion for Leave to File Reply 28 is GRANTED. The Court directs the Clerk to file the proposed reply instanter. (TC)

Nov. 28, 2022

Order on Motion for Leave to File

30 Dec. 14, 2022

Joint MOTION to Continue Discovery Schedule by Plaintiff Bobby Vinyard. Responses due by 12/28/2022 (Mollica, Paul) (Entered: 12/14/2022)

RECAP
Dec. 15, 2022

TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/15/2022. The Joint Motion to Suspend Discovery 30 is GRANTED. The discovery schedule is vacated. The Court directs the parties to file a status report by 1/18/23.(DS)

Dec. 15, 2022

~Util - Set/Reset Deadlines AND 1 - Terminate Deadlines and Hearings AND Order on Motion to Continue AND Order

Dec. 15, 2022

~Util - Set/Reset Deadlines AND Order on Motion to Continue AND 1 - Terminate Deadlines and Hearings AND Order

Dec. 15, 2022

1 - Terminate Deadlines and Hearings AND Order AND ~Util - Set/Reset Deadlines AND Order on Motion to Continue

Dec. 15, 2022

1 - Terminate Deadlines and Hearings AND ~Util - Set/Reset Deadlines AND Order AND Order on Motion to Continue

31 Jan. 18, 2023

STATUS REPORT (Joint) on Settlement by Bobby Vinyard. (Mollica, Paul) (Entered: 01/18/2023)

RECAP
Jan. 19, 2023

TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/19/2023. The Court has reviewed the parties' Status Report 31 and directs the parties to file a stipulation of dismissal or status report within 30 days. (JMB)

Jan. 19, 2023

~Util - Set/Reset Deadlines AND Order

32 Feb. 17, 2023

STATUS REPORT on Settlement by Bobby Vinyard. (Mollica, Paul) (Entered: 02/17/2023)

RECAP
33 Feb. 21, 2023

ORDER FOLLOWING REPORT OF SETTLEMENT Entered by Magistrate Judge Eric I. Long on 2/21/2023. All time tables and scheduled hearings are VACATED until further order. See written order. Settlement Papers due by 3/28/2023. (JMB) (Entered: 02/21/2023)

RECAP
34 March 28, 2023

STATUS REPORT (Joint) on Settlement by Bobby Vinyard. (Mollica, Paul) (Entered: 03/28/2023)

RECAP
March 29, 2023

~Util - Set/Reset Deadlines AND Order

March 29, 2023

TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/29/2023. The Court has reviewed the parties' Status Report 34 . The deadline for settlement papers is extended to 5/12/23. (JMB)

35 May 12, 2023

STATUS REPORT Joint by Illinois Department of Human Services, Tammy Nemeth. (Young, Salena) (Entered: 05/12/2023)

RECAP
May 15, 2023

Order AND ~Util - Set/Reset Deadlines

May 15, 2023

TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/15/2023. The Court has reviewed the parties' Status Report 35 . The deadline for settlement papers or the filing of a stipulation to dismiss is extended to 6/16/23.(JMB)

36 June 1, 2023

STIPULATION of Dismissal by Bobby Vinyard. (Mollica, Paul) (Entered: 06/01/2023)

RECAP
June 2, 2023

Order AND ~Util - Terminate Civil Case

June 2, 2023

TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/2/2023. Pursuant to Stipulation of Dismissal 36 and Rule 41(a) of the Federal Rules of Civil Procedure, this matter is hereby terminated. All pending motions are denied as moot and all scheduled deadlines and court settings are vacated.(JMB)

Case Details

State / Territory:

Illinois

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: March 5, 2021

Closing Date: June 2, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A young man with a physical disability who received support services through the State Medicaid waiver program until they were terminated.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Illinois Department of Human Services

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Central District of Illinois 2:21-cv-02043

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: unknown

Issues

Disability and Disability Rights:

Disability, unspecified

Recommended Citation