Case: Dudley v. Miami University

1:14-cv-00038 | U.S. District Court for the Southern District of Ohio

Filed Date: Jan. 10, 2014

Closed Date: Aug. 22, 2020

Clearinghouse coding complete

Case Summary

This case involves the denial of equal access to a zoology degree offered by Miami University (“Miami”) and its former President, Dr. David C. Hodge (“Hodge”). The plaintiff, a blind individual, represented by Disability Rights Ohio and private counsel, filed suit in the U.S. District Court for the Southern District of Ohio on January 10, 2014. The plaintiff sued Miami and Hodge for alleged violations of Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 for defendants' failu…

This case involves the denial of equal access to a zoology degree offered by Miami University (“Miami”) and its former President, Dr. David C. Hodge (“Hodge”). The plaintiff, a blind individual, represented by Disability Rights Ohio and private counsel, filed suit in the U.S. District Court for the Southern District of Ohio on January 10, 2014. The plaintiff sued Miami and Hodge for alleged violations of Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 for defendants' failure to provide accessible software programs and timely access to Braille textbooks, useful tactile graphics, course materials in an accessible format, and trained assistants to allow for full and meaningful participation in class activities necessary to complete a Bachelor of Science degree in zoology. Judge Susan J. Dlott presided.

The United States of America (“United States”) moved to intervene on May 15, 2015, and intervention was granted on September 10, 2015. The United States alleged Miami used technologies inaccessible to qualified individuals with disabilities and failed to ensure equal access to Miami’s curricular and co-curricular materials in violation of Title II of the ADA.

Subsequently, the plaintiff entered into a settlement agreement with defendants, resolving all of plaintiff’s claims against the two, and the case was dismissed with prejudice on August 22, 2016.  The settlement included Miami paying $260,000 in damages and $240,000 in attorneys’ fees. The case between the intervening United States and Miami continued until those parties entered a consent decree on December 14, 2016. The terms of consent decree included requirement that Miami conform with the latest web accessibility guidelines, designate a Web Accessibility Coordinator, conform its Learning Management System with web accessibility guidelines, provide alternate forms for curricular materials, mandatory accessible technology training for staff, among other items. The consent decree remained in effect for four years.

The case is now closed.

Summary Authors

NDRN (12/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4363490/parties/dudley-v-miami-university/


Judge(s)
Attorney for Plaintiff

Aldrich, Jennifer J (Ohio)

Attorney, Prim F. (Ohio)

Attorney, Joyce White (Ohio)

Attorney for Defendant

Adams, Deborah Susan (Ohio)

Allen, Thomas B (Ohio)

Attorney for Plaintiff

Aldrich, Jennifer J (Ohio)

Attorney, Prim F. (Ohio)

Attorney, Joyce White (Ohio)

Attorney, Noticing 2255 (Ohio)

Barlow, Davis A (Ohio)

Barnett, John Douglas (Ohio)

Beckerman, Laura C (Ohio)

Bedke, Rachelle DesVaux (Ohio)

Bennett, James R. (Ohio)

Billingsley, Michael B (Ohio)

Bloom, Sara M. (Ohio)

Bodnar, Roberta J. (Ohio)

Boer, Thomas (Ohio)

Bowens, Barbara Murcier (Ohio)

Branda, Joyce R. (Ohio)

Brooker, Renee (Ohio)

Cellini, Lorenzo (Ohio)

Cheek, Jason R (Ohio)

Clayton, Lindsay (Ohio)

Colker, Ruth (Ohio)

Conner, Laura (Ohio)

Couriel, John D. (Ohio)

CV, U S (Ohio)

Davis, Steven M. (Ohio)

Farrior, William Edward (Ohio)

Flake, Troy K. (Ohio)

Flick, Adam L (Ohio)

Fortune, Daniel J (Ohio)

Frey, William J (Ohio)

Gardner, Kelly (Ohio)

Garland, Scott (Ohio)

Gold, Jonathan H. (Ohio)

Goldberg, Arthur Robert (Ohio)

Goldsmith, William I (Ohio)

Goldstein, Daniel F (Ohio)

Govt, Daniel G. (Ohio)

Granston, Michael D. (Ohio)

Haas, Alexander Kenneth (Ohio)

Hartt, Grover Hartt (Ohio)

Harwell, Lacy R. (Ohio)

Hendon, Jeremy N (Ohio)

Ho, Katherine M. (Ohio)

Hong, Pearline M. (Ohio)

Hood, Jack B (Ohio)

Horwitz, Matthew Joseph (Ohio)

Howard-Allen, Kelley Clement (Ohio)

Hull, Jack D (Ohio)

Johnson-Brooks, Erika (Ohio)

Jondahl, Andrew K (Ohio)

Kistler, Megan K. (Ohio)

Kneedler, Jennie L. (Ohio)

Konig, Jordan Andrew (Ohio)

Kovacev, Robert J. (Ohio)

Krevor-Weisbaum, Sharon (Ohio)

LA-CV, Assistant US (Ohio)

Lavine, Mark Alan (Ohio)

Leary, Peter Decklin (Ohio)

Lehr, Alison Whitney (Ohio)

Levenson, Emily L. (Ohio)

Lynch, William F. (Ohio)

May, Michael W (Ohio)

Miller, Marissa Rose (Ohio)

Myers, Howard D (Ohio)

Nettles, William Norman (Ohio)

Osseck, Laura A. (Ohio)

Primes, Marlon A. (Ohio)

Pugsley, Anna M. (Ohio)

Ray, Jeffrey P. (Ohio)

Role, Gerald Alan (Ohio)

Savery, Donald J. (Ohio)

Schwartz, Adam J. (Ohio)

Sergi, Joseph Andrew (Ohio)

Shah, Nitin (Ohio)

Shapiro, Alan Martin (Ohio)

Shoemaker, Martin Morris (Ohio)

Simpson, William Scott (Ohio)

Sinha, Nabina (Ohio)

Sjoberg, Kerstin (Ohio)

Stallings, Mary A. (Ohio)

Stanek, Pamela M (Ohio)

Tycko, Jonathan (Ohio)

Vance, Joyce White (Ohio)

Vance, Holly A. (Ohio)

Villafana, Ann Marie (Ohio)

Watson, Brett David (Ohio)

Welsh, Blaine T (Ohio)

show all people

Documents in the Clearinghouse

Document
1

1:14-cv-00038

Complaint

Jan. 10, 2014

Jan. 10, 2014

Complaint
47

1:14-cv-00038

Plaintiff-Intervenor United States’ Complaint in Intervention

Sept. 11, 2015

Sept. 11, 2015

Complaint
61

1:14-cv-00038

Transcript of Proceedings Before the Honorable Timothy S. Black, Judge

Jan. 27, 2016

Jan. 27, 2016

Transcript
66

1:14-cv-00038

Consent Decree

Dec. 14, 2016

Dec. 14, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4363490/dudley-v-miami-university/

Last updated Aug. 7, 2025, 3:45 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against David Hodge, Miami University ( Filing fee $ 400 paid - receipt number: 0648-4403432), filed by Aleeha Dudley. (Attachments: # 1 Civil Cover Sheet) (Sjoberg-Witt, Kerstin) (Entered: 01/10/2014)

1 Civil Cover Sheet

View on PACER

Jan. 10, 2014

Jan. 10, 2014

Clearinghouse

Pursuant to General Order of Assignment and Reference filed on February 23, 2011, Magistrate Judge Stephanie K Bowman is added for purposes of discovery. (km1)

Jan. 13, 2014

Jan. 13, 2014

PACER

Add and Terminate Judges

Jan. 13, 2014

Jan. 13, 2014

PACER
2

MOTION for Leave to Appear Pro Hac Vice of Daniel F Goldstein (Filing fee $ 200, receipt number 200COL030899) by Plaintiff Aleeha Dudley. (kk2) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
3

MOTION for Leave to Appear Pro Hac Vice of Emily Levenson (Filing fee $ 200, receipt number 200COL030900) by Plaintiff Aleeha Dudley. (kk2) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
4

MOTION for Leave to Appear Pro Hac Vice of Sharon Krevor-Weisbaum (Filing fee $ 200, receipt number 200COL030901) by Plaintiff Aleeha Dudley. (kk2) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
5

ORDER granting 2 Motion for Leave to Appear Pro Hac Vice of Daniel F Goldstein; granting 3 Motion for Leave to Appear Pro Hac Vice of Emily L Levenson; granting 4 Motion for Leave to Appear Pro Hac Vice of Sharon Krevor-Weisbaum. Signed by Judge S Arthur Spiegel on 1/22/2014. (km1) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
6

MOTION for Leave to Appear Pro Hac Vice of Brett David Watson (Filing fee $ 200, receipt number COL31080) by Plaintiff Aleeha Dudley. (pes1) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
7

WAIVER OF SERVICE Returned Executed. Waiver sent to Miami University on 1/13/2014, answer due 3/14/2014. (Sjoberg-Witt, Kerstin) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
8

WAIVER OF SERVICE Returned Executed. Waiver sent to David Hodge on 1/13/2014, answer due 3/14/2014. (Sjoberg-Witt, Kerstin) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
9

NOTICE of Appearance by Angela Jo Rapp for Defendants David Hodge, Miami University (Rapp, Angela) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER

Notice of Correction re 9 Notice of Appearance: Document did not contain a certificate of service. Counsel to file a certificate of service using the certificate of service event under the service of process heading. (sct1)

Feb. 3, 2014

Feb. 3, 2014

PACER

Notice of Corrective Docket Entry

Feb. 3, 2014

Feb. 3, 2014

PACER
10

CERTIFICATE OF SERVICE by Defendants David Hodge, Miami University re 9 Notice of Appearance (Rapp, Angela) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
11

AMENDED CERTIFICATE OF SERVICE by Defendants David Hodge, Miami University (Rapp, Angela) Modified to clarify docket text on 2/4/2014 (jlw). (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
12

NOTICE of Appearance by Elizabeth Thym Smith for Defendants David Hodge, Miami University (Smith, Elizabeth) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
13

NOTICE of Appearance by Alycia N Broz for Defendants David Hodge, Miami University (Broz, Alycia) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
14

MOTION for Hearing /Status Conference by Plaintiff Aleeha Dudley. (Sjoberg-Witt, Kerstin) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER

NOTATION ORDER granting 14 Motion for Hearing. A telephone conference is hereby set for February 18, 2014 at 11:00am before Magistrate Judge Stephanie K. Bowman to discuss an expedited discovery calendar. The parties shall call 1-888-363-4749; Access code 8651321 and Participant security code 2010. Signed by Magistrate Judge Stephanie K. Bowman on 02/11/2014. (Bowman, Stephanie)

Feb. 11, 2014

Feb. 11, 2014

PACER

Order on Motion for Hearing

Feb. 11, 2014

Feb. 11, 2014

PACER
15

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Brett David Watson. Signed by Judge S Arthur Spiegel on 2/13/2014. (jlw) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Motion for Hearing/Status Conference 14 held on 2/18/2014. Attorneys Brett Watson, Laura Osseck, Kerstin Sjoberg-Witt, Daniel Goldstein and Sharon Krevor-Weisbaum appeared for Plaintiff; Attorneys Elizabeth Smith and Alycia Broz appeared for Defendants. Plaintiff anticipates filing a motion for preliminary injunction. Plaintiff will begin to produce initial disclosures/discovery in anticipation of hearing on the motion for preliminary injunction. Defendants anticipate filing a motion to dismiss. (km1) Modified to correct docket text on 2/18/2014 (km1).

Feb. 18, 2014

Feb. 18, 2014

PACER

Telephone Conference

Feb. 18, 2014

Feb. 18, 2014

PACER
16

MOTION for Preliminary Injunction by Plaintiff Aleeha Dudley. (Attachments: # 1 Affidavit Declaration of Aleeha Dudley, # 2 Affidavit Declaration of Dan Kelley, # 3 Affidavit Declaration of George Kerscher, # 4 Affidavit Declaration of Steve Noble, # 5 Exhibit 1-Dudley Transcript, # 6 Exhibit 2-DOJ/DOE Dear Colleague Letter, # 7 Exhibit 3-Univ. System of Ohio Letter to Member Schools) (Goldstein, Daniel) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER
17

NOTICE by Plaintiff Aleeha Dudley re 16 MOTION for Preliminary Injunction Manual Filing of Videos (Sjoberg-Witt, Kerstin) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER

Status Conference

Feb. 28, 2014

Feb. 28, 2014

PACER
18

ORDER REASSIGNING CASE. This matter is TRANSFERRED to the Clerk of the U.S. District Court for reassignment. Judge S. Arthur Spiegel no longer assigned to the case (reassigned to Chief Judge Susan J Dlott). Signed by Judge S Arthur Spiegel on 2/27/2014. (km1) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference regarding plaintiff's motion for preliminary injunction held on 2/28/2014. A scheduling conference in Chambers is scheduled for 3/12/14 at 1:30 p.m. Parties are to file their Rule 26 no later than 3/11/14 (Court Reporter Julie Wolfer (Official).) (wam1)

Feb. 28, 2014

Feb. 28, 2014

PACER
19

NOTICE of Appearance by Daniel Jerome Buckley for Defendants David Hodge, Miami University (Buckley, Daniel) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
20

RULE 26(f) REPORT Joint Discovery Plan by Plaintiff Aleeha Dudley. (Sjoberg-Witt, Kerstin) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Initial Pretrial Conference held on 3/12/2014. A telephonic status conference is scheduled for 4/30/14 at 2:00 p.m and for 6/2/14 at 11:00 a.m. Defendant's answer and response to pltf's motion for preliminary injunction are extended. Theses new deadlines will be determined on or before the June 2 telephonic status conference. (Court Reporter Julie Wolfer (Official).) (wam1)

March 12, 2014

March 12, 2014

PACER

Pretrial Conference - Initial

March 12, 2014

March 12, 2014

PACER

A telephonic discovery dispute has been set for Monday, April 21, 2014 at 1:30 PM before Chief Judge Susan J. Dlott; the Court will initiate the phone call. (vp)

April 15, 2014

April 15, 2014

PACER

Docket Annotation

April 15, 2014

April 15, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Discovery dispute conference held on 4/21/2014. (Court Reporter Julie Wolfer (Official).) (wam1)

April 21, 2014

April 21, 2014

PACER

Discovery Hearing

April 21, 2014

April 21, 2014

PACER
21

MOTION to Amend/Correct 1 Complaint by Plaintiff Aleeha Dudley. (Attachments: # 1 Exhibit Amended and Supplemental Complaint) (Goldstein, Daniel) (Entered: 04/22/2014)

1 Exhibit Amended and Supplemental Complaint

View on RECAP

April 22, 2014

April 22, 2014

PACER
22

ORDER tolling deadlines for responsive pleadings. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference on settlement held on 4/30/2014. Parties are working on a global settlement. (Court Reporter Julie Wolfer (Official).) (wam1)

April 30, 2014

April 30, 2014

PACER

Status Conference

April 30, 2014

April 30, 2014

PACER

The telephonic status conference scheduled for 6/2/14 has been RESET to 6/3/14 at 11:00 a.m. (wam1)

May 23, 2014

May 23, 2014

PACER

Docket Annotation

May 23, 2014

May 23, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference held on 6/3/2014. Parties are to submit a letter to the Court by 6/27/14 as to the status of the case. (Court Reporter Julie Wolfer (Official).) (wam1)

June 3, 2014

June 3, 2014

PACER

Status Conference

June 3, 2014

June 3, 2014

PACER

The Parties are ordered to provide the Court with another update no later than July 25, 2014. (wam1)

June 27, 2014

June 27, 2014

PACER

Docket Annotation

June 27, 2014

June 27, 2014

PACER
23

ORDER by Chief Judge Susan J. Dlott denying as moot 16 Motion for Preliminary Injunction (vp) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
24

ORDER denying without prejudice to refiling 21 Motion to Amend complaint. Signed by Chief Judge Susan J. Dlott on 11/19/14. (wam1) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
25

MOTION accept the proposed amended complaint, Doc. 21-1, as of the date filed, or alternatively, grant the motion for reconsideration, MOTION for Reconsideration by Plaintiff Aleeha Dudley. (Osseck, Laura) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
26

MOTION to Intervene by Intervenor Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Complaint in Intervention, # 2 Proposed Order) (Lynch, William) (Entered: 05/12/2015)

1 Proposed Complaint in Intervention

View on RECAP

2 Proposed Order

View on PACER

May 12, 2015

May 12, 2015

PACER
27

NOTICE of Appearance by William F. Lynch for Intervenor Plaintiff UNITED STATES OF AMERICA (Lynch, William) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
28

NOTICE of Appearance by Pearline M. Hong for Intervenor Plaintiff UNITED STATES OF AMERICA (Hong, Pearline) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
29

NOTICE of Hearing: Status Conference set for 5/19/2015 10:30 AM in Teleconference before Judge Susan J. Dlott. (wam) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER

The time of the Status Conference on 5/19/15 has been RESET to 2:30 p.m. This is a time change only. The Court will initiate the call. (wam)

May 18, 2015

May 18, 2015

PACER

Docket Annotation

May 18, 2015

May 18, 2015

PACER
30

NOTICE of Appearance by Matthew Joseph Horwitz for Intervenor Plaintiff UNITED STATES OF AMERICA (Horwitz, Matthew) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER

Minute Entry for proceedings held before Judge Susan J. Dlott: Status Conference held on 5/19/2015. Settlement conference to be scheduled (Court Reporter Julie Wolfer (Official).) (wam)

May 19, 2015

May 19, 2015

PACER

Status Conference

May 19, 2015

May 19, 2015

PACER
31

ORDER SETTING SETTLEMENT CONFERENCE - This case is hereby set for settlement conference on June 29, 2015 at 10:00 a.m., at the Potter Stewart U.S. Courthouse, 100 East Fifth Street, Room 815, Cincinnati, Ohio. Judge Black will serve as the facilitator of the settlement conference.Not later than June 25, 2015 by 5:00 p.m., each party shall submit to the Judge only, and without formal filing with the Clerk, a confidential letter of three pages or less regarding potential settlement by email (black_chambers@ohsd.uscourts.gov). Signed by Judge Timothy S. Black on 5/21/2015. (mr) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
32

Transcript of Status Conference by Telephone Proceedings held on May 19, 2015, before Judge Susan J. Dlott. Court Reporter/Transcriber Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/17/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/25/2015. (Wolfer, Julie) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
33

RESPONSE in Opposition re 25 MOTION accept the proposed amended complaint, Doc. 21-1, as of the date filed, or alternatively, grant the motion for reconsideration MOTION for Reconsideration filed by Defendant Miami University. (Buckley, Daniel) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
34

RESPONSE in Opposition re 26 MOTION to Intervene filed by Defendants David Hodge, Miami University. (Attachments: # 1 Affidavit Elizabeth T. Smith) (Buckley, Daniel) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
35

Transcript of Scheduling Conference Proceedings held on March 12, 2014, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/30/2015. Redacted Transcript Deadline set for 7/10/2015. Release of Transcript Restriction set for 9/8/2015. (Wolfer, Julie) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER

NOTATION ORDER: The settlement conference set for 6/29/2015 is VACATED and RESCHEDULED for 7/20/2015 at 10:00 a.m. Not later than 7/16/2015 by 5:00 p.m., each party shall submit to the Judge only, and without formal filing with the Clerk, a confidential letter of three pages or less regarding potential settlement by email (black_chambers@ohsd.uscourts.gov). IT IS SO ORDERED by Judge Timothy S. Black on 6/19/2015. (mr)

June 19, 2015

June 19, 2015

PACER

Order

June 19, 2015

June 19, 2015

PACER
36

[FORMER DOC. 36 - PLEASE DISREGARD. FILED IN ERROR] REPLY to Response to Motion re 25 MOTION accept the proposed amended complaint, Doc. 21-1, as of the date filed, or alternatively, grant the motion for reconsideration MOTION for Reconsideration filed by Plaintiff Aleeha Dudley. (Goldstein, Daniel) Modified docket text and pdf security on 6/23/2015 (jee). (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
37

REPLY to Response to Motion re 25 MOTION accept the proposed amended complaint, Doc. 21-1, as of the date filed, or alternatively, grant the motion for reconsideration MOTION for Reconsideration filed by Plaintiff Aleeha Dudley. (Goldstein, Daniel) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
38

REPLY to Response to Motion re 26 MOTION to Intervene filed by Intervenor Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of William F. Lynch) (Hong, Pearline) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER

Notice of Correction: re 36 Reply to Response to Motion restricted by clerk due to counsel request. Please see doc. 37 Reply to Response to Motion for corrected filing. (jee)

June 23, 2015

June 23, 2015

PACER

Notice of Corrective Docket Entry

June 23, 2015

June 23, 2015

PACER
39

Transcript of Status Conference by Telephone Proceedings held on February 28, 2014, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/17/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/24/2015. (Wolfer, Julie) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
40

Transcript of Discovery Dispute Conference by Telephone Proceedings held on April 21, 2014, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/17/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/24/2015. (Wolfer, Julie) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
41

Transcript of Status Conference by Telephone Proceedings held on April 30, 2014, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/17/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/24/2015. (Wolfer, Julie) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
42

Transcript of Status Conference by Telephone Proceedings held on June 3, 2014, before Chief Judge Susan J. Dlott. Court Reporter/Transcriber: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/17/2015. Redacted Transcript Deadline set for 7/27/2015. Release of Transcript Restriction set for 9/24/2015. (Wolfer, Julie) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER

Minute entry: This civil action came before the Court on 7/20/2015 at 10:00 a.m. for a settlement conference with Judge Timothy S. Black. For Plaintiff: Attorneys Kerstin Sjoberg-Witt, Laura A. Osseck, and Daniel Goldstein participated with Plaintiff Aleeha Dudley, and Marc Maurer (past president of the National Federation of the Blind). For the Government: Attorneys Pearline Hong, William Lynch, and Matthew Horowitz participated. For Defendants: Attorneys Elizabeth Thym Smith, Daniel Buckley, and Erin French participated, along with Mitchell McCrate, deputy general counsel for Miami University. The parties mediated, but the matter did not resolve. On or before August 3, 2015, Defendant Miami University shall email (ex parte) to Black_Chambers @ohsd.uscourts.gov whether or not it is prepared to reconvene. (mr) Modified docket text on 7/21/2015 (eh).

July 20, 2015

July 20, 2015

PACER

Settlement Conference

July 20, 2015

July 20, 2015

PACER

NOTATION ORDER: The Court having been advised by counsel for Miami University, (as required by the Minute Entry of 7/20/15), that settlement negotiations are on-going, Miami University shall email (ex parte) to Black_Chambers @ohsd.uscourts.gov another status report regarding settlement by August 10, 2015. IT IS SO ORDERED by Judge Timothy S. Black on 7/30/15. (mr)

July 30, 2015

July 30, 2015

PACER

Order

July 30, 2015

July 30, 2015

PACER

NOTATION ORDER: The Court having been advised by counsel for Miami University, (as required by the Minute Entry of 7/20/15), that settlement negotiations are on-going, Miami University shall email (ex parte) to Black_Chambers @ohsd.uscourts.gov another status report regarding settlement by August 17, 2015. IT IS SO ORDERED by Judge Timothy S. Black on 8/11/2015. (mr)

Aug. 11, 2015

Aug. 11, 2015

PACER

Order

Aug. 11, 2015

Aug. 11, 2015

PACER
43

NOTICE by Intervenor Plaintiff UNITED STATES OF AMERICA Notice of Withdrawal of Appearance of William F. Lynch (Lynch, William) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER

Minute Entry: Despite extended, hard work, this case has not settled and is hereby returned to Judge Dlott for litigation. IT IS SO ORDERED by Judge Timothy S. Black on 8/25/2015. (mr)

Aug. 25, 2015

Aug. 25, 2015

PACER

Order

Aug. 25, 2015

Aug. 25, 2015

PACER
44

NOTICE of Hearing: Status/Scheduling Conference set for 9/9/2015 at 2:00 PM in Teleconference before Judge Susan J. Dlott. (wam) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
45

NOTICE of Appearance by Erin Kieran Dwyer for Defendants David Hodge, Miami University (Dwyer, Erin) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
46

ORDER granting 26 United States of America's Motion to Intervene. Counsel for the United States will file its complaint in Intervention as a separate docket entry. Signed by Judge Susan J. Dlott. (wam) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

RECAP
47

COMPLAINT in Intervention against Miami University, filed by UNITED STATES OF AMERICA. (Hong, Pearline) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

Clearinghouse
48

Transcript of Status/Scheduling Conference by Telephone Proceedings held on September 9, 2015, before Judge Susan J. Dlott. Court Reporter/Transcriber: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 10/2/2015. Redacted Transcript Deadline set for 10/13/2015. Release of Transcript Restriction set for 12/10/2015. (Wolfer, Julie) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
49

NOTICE of Hearing: Status/Scheduling Conference set for 9/28/2015 10:00 AM in Chambers before Judge Susan J. Dlott. (wam) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
50

NOTICE of Appearance by Nabina Sinha for Intervenor Plaintiff UNITED STATES OF AMERICA (Sinha, Nabina) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
51

NOTICE of Hearing: The in Chambers Status/Scheduling Conference scheduled for 9/28/15 has been VACATED. The Status/Scheduling Conference has been RESET for 11/3/2015 10:00 AM in Chambers before Judge Susan J. Dlott. (wam) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
52

Unopposed MOTION for Extension of Time to File Answer re 47 Complaint New date requested 11/2/2015. by Defendants David Hodge, Miami University. Responses due by 11/2/2015 (Attachments: # 1 Proposed Entry) (French, Erin) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

PACER
53

ORDER granting 52 Motion for Extension of Time for Dfts Miami University and Dr. David Hodge until 11/2/15 to respond to pltf-intervenor, United States of America's complaint in intervention. Signed by Judge Susan J. Dlott on 10/7/15. (wam) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
54

MOTION for Leave to Appear Pro Hac Vice of Ruth Colker (Filing fee $ 200, receipt number 0648-5251357) by Plaintiff Aleeha Dudley. Responses due by 11/16/2015 (Attachments: # 1 Affidavit of Ruth Colker, # 2 Exhibit Certificate of Good Standing) (Sjoberg-Witt, Kerstin) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
55

NOTICE by Plaintiff Aleeha Dudley of Withdrawal of Brett D. Watson as Co-Counsel (Sjoberg-Witt, Kerstin) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
56

ORDER granting 54 Motion for Leave to Appear Pro Hac Vice of Ruth Colker. Signed by Judge Susan J. Dlott. (wam) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER

The time of the in Chambers conference on 11/3/15 has been reset to 1:30 p.m. This is a time change only. (wam)

Oct. 26, 2015

Oct. 26, 2015

PACER

Docket Annotation

Oct. 26, 2015

Oct. 26, 2015

PACER
57

Unopposed MOTION for Extension of Time to File Answer re 47 Complaint New date requested 12/2/2015. by Defendants David Hodge, Miami University. Responses due by 12/2/2015 (Attachments: # 1 Text of Proposed Order) (French, Erin) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER

Status Conference

Nov. 3, 2015

Nov. 3, 2015

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 10, 2014

Closing Date: Aug. 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individual blind university student

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

Miami University, Non-profit or advocacy

Defendant Type(s):

College/University

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $500,000

Issues

Disability and Disability Rights:

Visual impairment

Discrimination Area:

Accommodation / Leave