Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Young v. Winkler

United States District Court, S.D. Ohio, Western Division, Cincinnati

June 26, 2019

ROBERT YOUNG, et al., Plaintiffs,
v.
RANDALL WINKLER, et al., Defendants.

          Timothy S. Black District Judge.

          REPORT AND RECOMMENDATION [1] THAT: (1) DEFENDANTS' MOTION FOR SANCTIONS (DOC. 46) BE DENIED; AND (2) THE COURT RELINQUISH CONTINUING JURISDICTION TO ENFORCE THE SETTLEMENT AGREEMENT BETWEEN THE PARTIES

          Michael J. Newman United States Magistrate Judge.

         This civil case is before the Court on Defendants' motion for sanctions. Doc. 46. Plaintiffs filed a memorandum in opposition and Defendants filed a reply. Docs. 51, 54. The undersigned has carefully considered the foregoing, and Defendants' motion is now ripe for decision.

         I.

         Plaintiffs Robert and Elizabeth Young, a married couple who reside in Carlisle, Ohio (“the City”), filed this action in October 2016 alleging that the City, as well as numerous other individual City officials, discriminated against them on the basis of Robert Young's disability, i.e., post-traumatic stress disorder (“PTSD”). Doc. 1; see also doc. 12 at PageID 135-48. Specifically, at the time Plaintiffs filed this action, they housed 4 chickens and 3 pygmy goats in accessory buildings on their property -- in violation of City ordinances -- and requested accommodations from the City for Mr. Young's disability, claiming that the animals provided emotional support to Mr. Young and assisted him in coping with his disability. Id. at PageID 138-43.

         Following the City's denial of the requested accommodations, see id. at PageID 141, Plaintiffs filed this action alleging violations of: (1) the Fair Housing Amendments Act, 42 U.S.C. § 3601 et seq.; (2) Ohio Rev. Code § 4112.02(H); and (3) the Rehabilitation Act, 29 U.S.C. § 701 et seq. Doc. 12 at PageID 144-48. On May 15, 2017, the parties voluntarily settled this case following a day-long mediation session. See docs. 15, 16, 26-1. The essential terms of the settlement between the parties were memorialized in a mediation agreement signed by Plaintiffs, Plaintiffs' counsel, a representative of Defendants, and Defendants' counsel. Doc. 26-1.[2] Having been advised that the case settled at mediation, the Court conditionally dismissed the case with prejudice on May 31, 2017. Doc. 18.

         A full and final release and settlement agreement was later executed by the parties in August 2017. Defendants agreed to make a payment in the amount of $20, 000 to Plaintiffs and their lawyer in consideration for a dismissal of all claims with prejudice. See doc. 26-2. The parties also agreed to the following non-monetary terms in the full and final release and settlement agreement:

a. Plaintiffs can keep the current four (4) chickens on the property for up to one year from the date of the mediation agreement (May 15, 2017), after which time Plaintiffs agree to keep no chickens on the property;
b. Once any of the chickens pass, Plaintiffs shall not replace the deceased chickens;
c. Plaintiffs can keep the current three (3) pygmy goats on the property;
d. After the death of any one of the current pygmy goats, Plaintiffs will keep a maximum of two (2) pygmy goats on the property (the remaining two pygmy goats may be replaced by new pygmy goats upon their deaths);
e. Plaintiffs will give all street signs in their possession to the Municipality within thirty (30) days from this agreement; the signs at issues are as follows:
• A yellow direction arrow sign;
• A bridge weight limit 3 tons ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.