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

1:14-cv-00103 | U.S. District Court for the Southern District of Ohio

Filed Date: Jan. 31, 2014

Closed Date: May 22, 2015

Clearinghouse coding complete

Case Summary

This is a vocational rehabilitation services recipient’s appeal of an adverse Rehabilitation Act fair hearing decision. The plaintiff, a high school student with an intellectual disability, filed suit in the U.S. District Court for the Southern District of Ohio on February 3, 2014, against Opportunities for Ohioans with Disabilities and several of its officers. Represented by counsel from Disability Rights Ohio, the plaintiff sought a reversal of the fair hearing decision that denied him partic…

This is a vocational rehabilitation services recipient’s appeal of an adverse Rehabilitation Act fair hearing decision. The plaintiff, a high school student with an intellectual disability, filed suit in the U.S. District Court for the Southern District of Ohio on February 3, 2014, against Opportunities for Ohioans with Disabilities and several of its officers. Represented by counsel from Disability Rights Ohio, the plaintiff sought a reversal of the fair hearing decision that denied him participation in a comprehensive transition program. He alleged that the fair hearing decision violated the procedural requirements of the Rehabilitation Act and associated regulations. He also claimed that the decision itself denied him access to vocational rehabilitation services because of his disability in violation of Section 504 of the Rehabilitation Act. The plaintiff sought a reversal of the fair hearing decision that denied his participation in the Comprehensive Transition Program, an invalidation of the VR policy denying participation in such programs, a change in the plaintiff’s employment goal so that it more effectively aligns with his interests, skills and abilities as well as attorney fees based upon the denial of his rights under the Rehabilitation Act. Soon after the case was filed, it was assigned to Magistrate Judge Karen L. Litkovitz.

After several months of negotiations, including a stay of the litigation on October 9, 2014, the parties reached a private settlement. On May 22, 2015, the plaintiff voluntarily dismissed the case.

Summary Authors

NDRN (8/11/2022)

Jonah Hudson-Erdman (9/25/2022)

Documents in the Clearinghouse

Document
3

1:14-cv-00103

Complaint

Merz v. Opportunities for Ohioans with Disabilities

Feb. 3, 2014

Feb. 3, 2014

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5245732/merz-v-opportunities-for-ohioans-with-disabilities/

Last updated Dec. 1, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis by Plaintiff Peter Merz. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Summons Form OOD, # 4 Summons Form Kevin L. Miller, # 5 USM 285 - OOD, # 6 USM 285 - Kevin L. Miller) (White, Emily) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
2

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge William O. Bertelsman on 2/3/14. (lk) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
3

COMPLAINT against Kevin L Miller, Opportunities for Ohioans with Disabilities, filed by Peter Merz. (lk) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

Clearinghouse
4

ORDER directing the U.S. Marshal to serve a copy of the complaint, summons, order granting leave to proceed in forma pauperis, and this order for service upon defendants as directed by plaintiff.. Signed by Judge William O. Bertelsman on 3/14/14. (lk) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER
5

Summons Issued as to Kevin L Miller, Opportunities for Ohioans with Disabilities. Sent to the U.S. Marshal's office along with order granting IFP, order for service, USM285, and complaint. (lk) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER
6

ANSWER to 3 Complaint filed by All Defendants. (O'Carroll, Leah) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
7

NOTICE of Appearance by Yvonne Tertel for Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities (Tertel, Yvonne) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
8

ORDER signed by Judge William O. Bertelsman on 5/5/14. Rule 26 Meeting Report due by 5/23/2014. (eh) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
9

SUMMONS Returned Executed as to Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities. Kevin L Miller served on 4/10/2014, answer due 5/1/2014; Opportunities for Ohioans with Disabilities served on 4/10/2014, answer due 5/1/2014. (jlw1) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
10

RULE 26(f) REPORT of the Parties by Plaintiff Peter Merz. (Corner, Barbara) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
11

ORDER REASSIGNING CASE signed by Judge William O. Bertelsman on 5/27/14. Case reassigned to Magistrate Judge Karen L. Litkovitz for all further proceedings. (eh) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh1)

May 28, 2014

May 28, 2014

PACER
12

NOTICE: Scheduling Conference set for Tuesday, 7/15/2014 at 02:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE SCHEDULING CONFERENCE). (art) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
13

NOTICE of Rule 26(a) by Defendant Opportunities for Ohioans with Disabilities (O'Carroll, Leah) Modified docket text for clarity on 6/16/2014 (jee). (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
14

NOTICE by Defendant Opportunities for Ohioans with Disabilities (Tertel, Yvonne) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER
15

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 7/15/2014.Counsel for plaintiff and defendants present. Case calendar established. Order of the Court to follow. Case to be referred to MJ Bowman for mediation. (Court Reporter none present.) (art) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
16

CALENDAR ORDER: Deadline for leave to amend the pleadings set for 10/15/2014; Plaintiff identify and produce primary expert reports deadline 10/1/2014; Defendants identify and produce primary expert reports deadline 11/3/2014; Parties disclosure and report of rebuttal experts deadline 12/1/2014; Parties disclosure of non-expert (fact) witnesses deadline 10/15/2014; Parties to exchange witness list and summary deadline 11/5/2014; Discovery deadline 12/5/2014; Dispositive motion deadline 2/5/2015; Joint final pretrial order deadline 5/19/2015; Final Pretrial Conference set for 5/26/2015 at 02:00 PM before Magistrate Judge Karen L. Litkovitz; Bench Trial set for 6/8/2015 at 09:00 AM before Magistrate Judge Karen L. Litkovitz. Signed by Magistrate Judge Karen L. Litkovitz on 7/15/2014. (art) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
17

ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman for purposes of conducting a settlement conference. The parties shall contact MJ Bowman's chambers at 513-564-7646 by no later than 7/25/2014 and arrange a future date for the settlement conference to be held. Signed by Magistrate Judge Karen L. Litkovitz on 7/15/2014. (art) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
18

Order Setting Settlement Conference: Settlement Conference set for 8/1/2014 at 10:30 AM in Chambers Room 706 before Magistrate Judge Stephanie K. Bowman. Confidential statements due to the Court by 7/30/2014 at 12:00 Noon. Signed by Magistrate Judge Stephanie K Bowman on 7/21/2014. (km1) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER

MEDIATOR'S NOTE: Settlement Conference held on 8/1/2014 before Magistrate Judge Stephanie K Bowman (attorneys only). Mediation is ongoing. Parties continue to work together. Follow-up Telephone Conference set for 9/3/2014 at 3:00 PM (km1)

Aug. 1, 2014

Aug. 1, 2014

PACER

NOTICE: Follow-Up Telephone Conference re: Settlement set for 9/3/2014 03:00 PM before Magistrate Judge Stephanie K. Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010 (km1)

Aug. 1, 2014

Aug. 1, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-Up Telephone Conference re: Settlement Conference held on 9/3/2014. Talks ongoing. Follow-up conference set for 10/3/2014 at 2:00 PM by telephone. (km1)

Sept. 3, 2014

Sept. 3, 2014

PACER

Remark re: Follow-up Telephone Conference set for 10/3/2014 at 2:00 PM before Magistrate Judge Stephanie K Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010 (km1)

Sept. 3, 2014

Sept. 3, 2014

PACER
19

Unopposed MOTION for Extension of Time New date requested 10/14/2014. by Plaintiff Peter Merz. (White, Emily) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
20

NOTATION ORDER granting plaintif's unopposed 19 Motion for Extension of Time for disclosure of expert witnesses and submission of expert reports. Plaintiff to identify and produce primary expert reports by 10/14/2014; Defendant to identify and produce primary expert reports by 11/17/2014; Parties disclosure and report of rebuttal experts due by 12/1/2014. Signed by Magistrate Judge Karen L. Litkovitz on 10/2/2014. (art) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Status Update on Settlement held on 10/3/2014. Parties still working to resolve the case. Parties to file a joint motion to stay the calendar. Follow-up telephone conference set for 11/3/2014 at 10:00 AM. (km1)

Oct. 6, 2014

Oct. 6, 2014

PACER

NOTICE: Follow-up Telephone Conference re: Status of Settlement set for 11/3/2014 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010 (km1)

Oct. 6, 2014

Oct. 6, 2014

PACER
21

Joint MOTION to Stay re 16 Scheduling Order by Plaintiff Peter Merz and Defendants. (White, Emily) Modified to add filers on 10/9/2014 (jlw1). (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
22

ORDER granting parties Joint 21 Motion to Stay the calendar in this matter. Signed by Magistrate Judge Karen L. Litkovitz on 10/9/2014. (art) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

RECAP

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-Up Telephone Conference re: Status of Settlement Discussions held on 11/3/2014. Attorneys Barbara Corner and Emily White appeared for Plaintiff; Attorney Henry Appel appeared for Defendants. Documents are being produced and progress is being made. Talks continue. Follow-up telephone conference set for 12/4/2014 at 10:30 AM. (km1)

Nov. 3, 2014

Nov. 3, 2014

PACER

NOTICE: Follow-Up Telephone Conference re: Status of Settlement Discussions set for 12/4/2014 10:30 AM before Magistrate Judge Stephanie K. Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010. (km1)

Nov. 3, 2014

Nov. 3, 2014

PACER

NOTICE: Follow-Up Telephone Conference re: Status of Settlement Discussions set for 1/23/2015 10:00 AM before Magistrate Judge Stephanie K. Bowman. COUNSEL TO CALL 1-888-363-4749; ACCESS CODE: 8651321; SECURITY CODE: 2010. (km1)

Dec. 4, 2014

Dec. 4, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-Up Telephone Conference held on 12/4/2014. Attorneys Barbara Corner and Emily White appeared for Plaintiff; Attorneys Ted Klecker and Henry Appel appeared for Defendants. Settlement discussions progressing. Next follow-up telephone conference set for 1/23/2015 at 10:00 AM. (km1)

Dec. 4, 2014

Dec. 4, 2014

PACER
23

NOTICE by Defendant Opportunities for Ohioans with Disabilities Notice Of Withdrawal Of Counsel (O'Carroll, Leah) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
24

NOTICE of Substitution of Counsel - Henry G. Appel substituting for Leah O'Carroll and Yvonne Tertel as to Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities. (Appel, Henry) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference regarding status of settlement discussions held on 1/23/2015. Discussions are still ongoing, but parties anticipate jointly moving to lift stay and reset deadlines. (km1)

Jan. 23, 2015

Jan. 23, 2015

PACER
25

NOTICE: Status Conference set for Wednesday, 4/8/2015 at 03:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. PARTIES MUST ACCESS THIS DOCUMENT TO OBTAIN RESTRICTED CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (art) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER
26

Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Status Conference held via telephone on 4/8/2015. Counsel for plaintiff present. Parties are directed to file a Joint Status Report with the Court within (7) days detailing the current status of this matter. (Court Reporter none present.) (art) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
27

NOTICE of Substitution of Counsel - Matthew J Lampke substituting for Henry Appel as to Defendants Kevin L Miller, Opportunities for Ohioans with Disabilities. (Lampke, Matthew) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
28

JOINT STATUS REPORT by Plaintiff Peter Merz and Defendants. (White, Emily) Modified to clarify docket text on 4/14/2015 (jlw1). (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
29

ORDER that the 5/26/2015 FPTC, and the 6/8/2015 Trial dates are hereby Vacated pursuant to the parties notification that this matter has been settled 28 . Signed by Magistrate Judge Karen L. Litkovitz on 4/15/2015. (art) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

PACER
30

NOTICE of Voluntary Dismissal by Plaintiff Peter Merz, Defendants. (White, Emily) Modified to include defendants as filers on 5/26/2015 (eh). (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
31

NOTICE: Status Conference set for Wednesday, 6/24/2015 at 03:30 PM via telephone before Magistrate Judge Karen L. Litkovitz. PARTIES MUST ACCESS THIS DOCUMENT TO OBTAIN RESTRICTED CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (art) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER

Pursuant to the parties 30 stipulated notice of dismissal, the status conference set for 6/24/2015 at 3:30 pm has been Vacated. (art)

June 18, 2015

June 18, 2015

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: Jan. 31, 2014

Closing Date: May 22, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

High school student with an intellectual disability who was denied vocational rehabilitation 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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Classification / placement

Public assistance grants

Rehabilitation

Disability:

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability