Case: Wilson v. Shinseki

1:13-cv-00930 | U.S. District Court for the Southern District of Ohio

Filed Date: Dec. 27, 2013

Closed Date: Feb. 17, 2015

Clearinghouse coding complete

Case Summary

This case involves the denial of access to employment and medical care at the defendant’s, the Department of Veterans Affairs (“VA”), facility for a veteran with a disability. Represented by Disability Rights Ohio and private counsel, the plaintiff filed suit in the U.S. District Court for the Southern District of Ohio on December 27, 2013, alleging violations of Section 504 of the Rehabilitation Act of 1973 for the VA’s refusal to allow the plaintiff to enter the Department of Veterans Affairs…

This case involves the denial of access to employment and medical care at the defendant’s, the Department of Veterans Affairs (“VA”), facility for a veteran with a disability.

Represented by Disability Rights Ohio and private counsel, the plaintiff filed suit in the U.S. District Court for the Southern District of Ohio on December 27, 2013, alleging violations of Section 504 of the Rehabilitation Act of 1973 for the VA’s refusal to allow the plaintiff to enter the Department of Veterans Affairs Medical Center in Cincinnati, Ohio (“VA Medical Center”), where the plaintiff both worked and sought medical care, with her service animal. Plaintiff sought declaratory and injunctive relief and attorneys fees. Judge Susan J. Dlott presided.

The parties settled on November 20, 2014 and the case was dismissed. As part of the settlement agreement, plaintiff’s service animal was no longer excluded from the VA Medical Center and the VA agreed to pay the plaintiff $44,328.50, which included back pay, compensatory damages, attorneys’ fees, and costs. $1,328.50 of the settlement was included to provide payment for plaintiff’s service animal to become a certified “covered service dog” pursuant to 38 U.S.C. § 901(f)(1) and (2).

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/14386526/parties/wilson-v-shinseki/


Judge(s)

Dlott, Susan J. (Ohio)

Attorney for Plaintiff

Boylan, Jason Charles (Ohio)

Forman, Edward Reilley (Ohio)

Marshall, John Spenceley (Ohio)

Attorney for Defendant

King, William Bryan (Ohio)

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Documents in the Clearinghouse

Document
1

1:13-cv-00930

Complaint

Dec. 27, 2013

Dec. 27, 2013

Complaint
14

1:13-cv-00930

Notice of Settlement Agreement

Dec. 17, 2014

Dec. 17, 2014

Settlement Agreement
14-1

1:13-cv-00930

Settlement Agreement

Dec. 17, 2014

Dec. 17, 2014

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14386526/wilson-v-shinseki/

Last updated Aug. 7, 2025, 3:44 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against Eric K Shinseki, filed by Lisa Wilson. (Attachments: # 1 Civil Cover Sheet) (pb1) (Entered: 12/27/2013)

1 Civil Cover Sheet

View on PACER

Dec. 27, 2013

Dec. 27, 2013

Clearinghouse
2

Filing fee: $ 400.00, receipt number 300DAY012547 (gh1) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER

Pursuant to General Order of Assignment and Reference filed on February 23, 2011, Magistrate Judge Karen L. Litkovitz added for purposes of discovery. (km1)

Dec. 30, 2013

Dec. 30, 2013

PACER
3

Summons Issued as to Secretary, Department of Veterans Affairs. (pes1) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
4

ANSWER to 1 Complaint filed by Secretary, Department of Veterans Affairs. (King, William) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
5

NOTICE of Hearing: Preliminary Pretrial Conference set for 5/16/2014 10:30 AM in Chambers before Chief Judge Susan J. Dlott. (vp) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
6

NOTICE by Plaintiff Lisa Wilson of Joint Discovery Plan (Marshall, John) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
7

MOTION to Continue by Plaintiff Lisa Wilson. (Marshall, John) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
8

ORDER by Chief Judge Susan J. Dlott granting 7 Motion to Continue the preliminary pretrial conference on Friday, May 16, 2014. (vp) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
9

NOTICE of Hearing: Preliminary Pretrial Conference reset for 6/25/2014 10:00 AM in Chambers before Chief Judge Susan J. Dlott. (vp) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Initial Pretrial Conference held on 6/25/2014. Telephonic status conference set for 9/3/14 at 10:00 a.m. Scheduling order to follow. (wam1)

June 25, 2014

June 25, 2014

PACER
10

ORDER TRANSFERRING CASE to the docket of The Honorable Susan J. Dlott. Signed by Chief Judge Susan J. Dlott on 6/26/14. (sct1) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER

***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (sct1)

June 27, 2014

June 27, 2014

PACER
11

PRELIMINARY PRETRIAL ORDER: Plaintiff Primary Expert due by 10/15/2014. Defendant Primary Expert due by 12/17/2014. Discovery due by 1/16/2015. Motions not directed to pleadings due by 3/2/2015. Final Pretrial Conference set for 6/12/2015 10:00 AM in Chambers before Chief Judge Susan J. Dlott. Jury Trial set for 7/20/2015 09:30 AM in Courtroom 7 - Cincinnati before Chief Judge Susan J. Dlott.. Signed by Chief Judge Susan J. Dlott (wam1) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference on settlement held on 9/3/2014. If necessary, another telephonic status conference on settlement is scheduled for 10/1/14 at 10:00 a.m. (Court Reporter Julie Wolfer (Official).) (wam1)

Sept. 3, 2014

Sept. 3, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Telephonic Status Conference held on 10/1/2014. Another telephonic status conference is scheduled for 10/3/14 at 1:30 p.m. (Court Reporter Julie Wolfer (Official).) (wam1)

Oct. 1, 2014

Oct. 1, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status Conference held on 10/3/2014. Plaintiff's are filing a motion for TRO. A hearing on their anticipated motion is scheduled for 10/15/14 at 11:00 a.m. (Court Reporter Julie Wolfer (Official).) (wam1)

Oct. 3, 2014

Oct. 3, 2014

PACER

The Preliminary Injunction hearing on 10/15/14 at 11:00 a.m. has been converted into a telephonic status conference. (wam1)

Oct. 7, 2014

Oct. 7, 2014

PACER

Minute Entry for proceedings held before Chief Judge Susan J. Dlott: Status/Scheduling Conference held on 10/15/2014. Case didn't settle. Scheduling order to follow. (Court Reporter Julie Wolfer (Official).) (wam1)

Oct. 15, 2014

Oct. 15, 2014

PACER
12

PRELIMINARY PRETRIAL ORDER: Discovery due by 3/1/2015. Motions not directed to pleadings due by 4/20/2015. Final Pretrial Conference set for 7/24/2015 10:00 AM in Chambers before Chief Judge Susan J. Dlott. Jury Trial set for 8/31/2015 09:30 AM in Courtroom 7 - Cincinnati before Chief Judge Susan J. Dlott.. Signed by Chief Judge Susan J. Dlott. (wam1) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
13

ORDER DISMISSING CASE with prejudice provided that any of the parties may upon good cause shown reopen the action no later than 12/22/14 if settlement is not consummated. Signed by Chief Judge Susan J. Dlott on 11/19/14. (wam1) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
14

NOTICE of Settlement Agreement by Defendant Secretary, Department of Veterans Affairs (Attachments: # 1 Exhibit A - Settlement Agreement) (King, William) (Entered: 12/17/2014)

1 Exhibit A - Settlement Agreement

View on RECAP

Dec. 17, 2014

Dec. 17, 2014

Clearinghouse
15

Joint MOTION for Extension of Time New date requested 2/17/2015. by Plaintiff Lisa Wilson, Defendant. (Boylan, Jason) Modified to include defendant as filer on 12/18/2014 (eh1). (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER
16

ORDER by Chief Judge Susan J. Dlott granting 15 Motion for Extension of Timeuntil February 17, 2015 for the dismissal date. (vp) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 27, 2013

Closing Date: Feb. 17, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individual veteran

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

Ohio Department of Veterans Affairs, State

Case Details

Causes of Action:

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:

Private Settlement Agreement

Amount Defendant Pays: $44,328.50

Issues

Disability and Disability Rights:

Mobility impairment