United States District Court, S.D. Ohio, Western Division, Cincinnati
Timothy S. Black District Judge.
REPORT AND RECOMMENDATION  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.
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.
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.
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. Having been advised that the case settled
at mediation, the Court conditionally dismissed the case with
prejudice on May 31, 2017. Doc. 18.
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
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 ...