Case: Donzel Shepherd v. Opportunities for Ohioans with Disabilities, et al.

2:16-cv-00776 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 9, 2016

Closed Date: Oct. 16, 2017

Clearinghouse coding complete

Case Summary

This case involves a Vocational Rehabilitation Services recipient’s appeal of an adverse Vocational Rehabilitation Act fair hearing decision. The plaintiff, an individual with a spinal cord injury, filed this lawsuit on August 9, 2016 in the United States District Court for the Southern District of Ohio. The plaintiff sued Opportunities for Ohioans with Disabilities as well as the executive and administrative officer of the VR agency, under the Rehabilitation Act of 1973. Represented by counsel…

This case involves a Vocational Rehabilitation Services recipient’s appeal of an adverse Vocational Rehabilitation Act fair hearing decision. The plaintiff, an individual with a spinal cord injury, filed this lawsuit on August 9, 2016 in the United States District Court for the Southern District of Ohio. The plaintiff sued Opportunities for Ohioans with Disabilities as well as the executive and administrative officer of the VR agency, under the Rehabilitation Act of 1973.

Represented by counsel from Disability Rights Ohio (DRO), the plaintiff sought a reversal of the fair hearing decision that denied: adequate notice of his appeal rights and the existence of the Client Assistance Program, the opportunity to appeal the removal of vehicle modification from his Individualized Plan of Employment (IPE) and his right to appeal the denial of a requested counselor change.

The case was assigned to Magistrate Judge Kimberly A. Jolson on October 28, 2016 and a mediation conference occurred on March 13, 2017. The plaintiff reached a settlement and voluntarily dismissed the complaint on October 16, 2017.

 

Summary Authors

NDRN (8/11/2022)

Documents in the Clearinghouse

Document
1

2:16-cv-00776

Complaint

Shepherd v. Opportunities for Ohioans with Disabilities, et al.

Aug. 9, 2016

Aug. 9, 2016

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14500781/shepherd-v-opportunities-for-ohioans-with-disabilities/

Last updated July 5, 2023, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5607671), filed by Donzel Shepherd. (Attachments: # 1 Civil Cover Sheet) (Corner, Barbara) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

Clearinghouse
2

WAIVER OF SERVICE Returned Executed. Waiver sent to All Defendants. All Defendants answer due 10/9/2016. (Corner, Barbara) Modified text on 8/12/2016 (mas). (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER

Set/Reset Deadlines: Kevin L. Miller answer due 10/9/2016; Opportunities for Ohioans with Disabilities answer due 10/9/2016. (mas)

Aug. 12, 2016

Aug. 12, 2016

PACER
3

ANSWER to 1 Complaint filed by All Defendants. (Payer, Charissa) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
4

NOTICE of Appearance by Deborah A. Enck for Defendants Kevin L. Miller, Opportunities for Ohioans with Disabilities (Enck, Deborah) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
5

NOTICE of Hearing:Preliminary Pretrial Conference set for 11/30/2016 02:15 PM before Magistrate Judge Kimberly A. Jolson. (jr) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER
6

RULE 26(f) REPORT of Parties by Plaintiff Donzel Shepherd. (Corner, Barbara) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
7

ORDER. Administrative record due by 1/6/2017. Dispositive motions due by 4/14/2017. Settlement Week 3/2017. Signed by Magistrate Judge Kimberly A. Jolson on 11/29/2016. (pes) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
8

ADMINISTRATIVE RECORD by Defendants Kevin L. Miller, Opportunities for Ohioans with Disabilities. (Payer, Charissa) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
9

ORDER - Counsel to confer and inform the Court via e-mail by 2/15/2017 if case should not be set for March 2017 Settlement Week. Signed by Magistrate Judge Kimberly A. Jolson on 2/9/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
10

Notice of Mediation Conference: Mediator Jessica Goldman to conduct Settlement Week Conference on 3/13/2017 at 01:30 PM. (Attachments: # 1 Mediator's Report) (jr) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
11

Joint MOTION for Extension of Time New date requested 10/16/2017. Filed by Defendants Kevin L. Miller, Opportunities for Ohioans with Disabilities. (Payer, Charissa) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
12

ORDER granting 11 Joint Motion for Extension of Time, until 10/16/17, for any dispositive motions to be filed. Signed by Magistrate Judge Kimberly A. Jolson on 3/15/17. (sem) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER

Set/Reset Columbus PPTO Deadlines: Dispositive motions now due by 10/16/2017. (sem)

March 15, 2017

March 15, 2017

PACER
13

NOTICE: Joint Mediation Report (Corner, Barbara) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
14

First MOTION to Substitute Attorney Deborah Enck by Defendants Kevin L. Miller, Opportunities for Ohioans with Disabilities. (Haywood, Lisa) Document restricted by Clerk on 7/3/2017; for corrected version of notice and doc see 15 (er). (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
15

NOTICE of Substitution of Counsel - Lisa M. Haywood substituting for Deborah Enck as to Defendants Kevin L. Miller, Opportunities for Ohioans with Disabilities. (Haywood, Lisa) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
16

Joint MOTION to Continue Date by Plaintiff Donzel Shepherd. (Corner, Barbara) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
17

ORDER granting Motion to Continue (Doc. 16). For good cause shown, the parties' Joint Motion to continue the dispositive motion deadline to November 6, 2017, is GRANTED. Signed by Magistrate Judge Kimberly A. Jolson on 9/21/2017. (KAJ) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER

Reset Deadlines pursuant to 17 : Dispositive motions due by 11/6/2017. (ew)

Sept. 21, 2017

Sept. 21, 2017

PACER
18

STIPULATION of Dismissal of Claims by Plaintiff Donzel Shepherd. (Corner, Barbara) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: Aug. 9, 2016

Closing Date: Oct. 16, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Vocational rehabilitation services client who was denied certain VR services

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Opportunities for Ohioans with Disabilities, State

Case Details

Causes of Action:

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

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment