Scully v. Hamilton County Developmental Disabilities Services et al

Filing 101

ORDER Memorializing Teleconference and Providing Additional Direction. Signed by Judge Timothy S. Black on 11/10/2020. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JESSICA SCULLY,
Plaintiff,
vs.
HAMILTON COUNTY
DEVELOPMENTAL DISABILITIES
SERVICES, et al.,
Defendants.

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Case No. 1:17-cv-685
Judge Timothy S. Black

ORDER
MEMORIALIZING TELECONFERENCE AND
PROVIDING ADDITIONAL DIRECTION
This civil action came before the Court for a status conference by telephone on
November 9, 2020 at 12:00 noon. Plaintiff Jessica Scully appeared pro se (i.e., without
counsel). Attorney Keona Padgett appeared on behalf of Defendant M.C. Mobility
Systems. Attorney Ian Smith appeared on behalf of Defendants Hamilton County
Developmental Disabilities Services (“HCDDS”), Jerry Clark, Alice Pavey, and Allison
Leedy. Jennifer Meadows, a Director for HCDDS, also called into the teleconference.
Below, the Court memorializes the key matters discussed at the teleconference and
provides the parties with additional direction. Additionally, the Court requires the parties
to provide it with a status update on certain issues. As explained at the teleconference,
Plaintiff, Ms. Padgett, and Mr. Smith shall each provide the Court with an email status
update on November 13, 2020. Plaintiff, Ms. Padgett, and Mr. Smith shall send their

email status updates to [e-mail]. Additionally, Plaintiff, Ms.
Padgett, and Mr. Smith shall each copy each other on their email status updates.1
A. Plaintiff’s lift
First, Plaintiff’s lift was discussed. Plaintiff has indicated that her lift needs to be
fixed.
Prior to the teleconference, HCDDS informed the Court that it would not be able
to fix Plaintiff’s lift until after Plaintiff provided HCDDS with a “My Plan revision”
form. HCDDS explained that, under the “Medicaid Waiver Rule,” all equipment/services
it provides need to be approved by the recipient. Additionally, HCDDS explained that its
standard method for obtaining approval is to have the recipient sign a My Plan revision
form. HCDDS represented that it had not been able to procure a My Plan revision form
from Plaintiff.
At the teleconference, HCDDS indicated that Plaintiff had recently provided
HCDDS with a My Plan revision form. And, as a result, HCDDS indicated that it had
sent Plaintiff a remote for the lift.2 In their November 13, 2020 email status updates,
Plaintiff, Ms. Padgett, and Mr. Smith SHALL inform the Court: (1) whether HCDDS’s
provision of the remote to Plaintiff will fully resolve Plaintiff’s concerns regarding the
lift; and, if not (2) what additional repairs remain outstanding; and (3) what additional
documents/cooperation HCDDS needs to fully fix the lift.

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So, e.g., Plaintiff shall copy both Ms. Padgett (at [e-mail]) and Mr. Smith (at
[e-mail]) on her email status update to the Court.
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HCDDS further represented that the remote would likely arrive at Plaintiff’s house this week.

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B. Plaintiff’s wheelchair seat
Second, Plaintiff’s wheelchair seat was discussed. Plaintiff has indicated that her
wheelchair seat needs to be fixed.
At the teleconference, HCDDS informed the Court that Plaintiff will need to
coordinate directly with National Seating (a vendor) to fix the wheelchair seat. HCDDS
further indicated that National Seating’s Cincinnati contact—Nick Hayden—had already
reached out to Plaintiff. In response, Plaintiff agreed that she would coordinate with Mr.
Hayden to repair her wheelchair seat.
In accordance with the foregoing, the Court DIRECTS Plaintiff to reach out to
Mr. Hayden about her wheelchair seat this week. Additionally, the Court DIRECTS
Plaintiff to confirm that she has done so in her November 13, 2020 email status update to
the Court.
C. Plaintiff’s wheelchair ramps
Third, Plaintiff’s wheelchair ramps were discussed. Plaintiff has indicated that she
needs two new wheelchair ramps—one for her front door, one for her back door.
At the teleconference, Plaintiff agreed that HCDDS can use American Ramp as
the vendor for the wheelchair ramps. In response, HCDDS agreed to: (1) reach out to
American Ramp for a price quote; and (2) send Plaintiff a My Plan revision form once it
received a response.
In accordance with the foregoing, the Court DIRECTS HCDDS to contact
American Ramp this week for a price quote on Plaintiff’s wheelchair ramps.
Additionally, the Court DIRECTS HCDDS to send Plaintiff a My Plan revision form
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promptly after it receives an appropriate response. Plaintiff SHALL promptly sign and
return any My Plan revision form she receives from HCDDS regarding the wheelchair
ramps. The Court DIRECTS Mr. Smith to confirm that HCDDS has reached out to
American Ramp for a price quote in his November 13, 2020 email status update.
D. Plaintiff’s generator
Fourth, Plaintiff’s generator was discussed. Plaintiff has asked that a generator be
installed at her home to keep her bed inflated in the event of power outages.
At the teleconference, HCDDS informed the Court that only one vendor is able to
help Plaintiff install a generator—a vendor called Casualty Restoration.
The Court DIRECTS Plaintiff to inform the Court, in her November 13, 2020
email status update, whether she will agree that HCDDS can use Casualty Restoration to
help Plaintiff install a generator. If Plaintiff does not agree that HCDDS can use Casualty
Restoration to help Plaintiff install a generator, Plaintiff must explain why—in detail.
E. Medical forms
Finally, Plaintiff’s medical authorization forms were discussed. Ms. Padgett
mailed the medical authorization forms to Plaintiff on October 29, 2020. Plaintiff has
confirmed receipt of the medical authorization forms.
The medical authorization forms are addressed to Medicare, Medicaid, Allstate,
Medical Mutual, and the Rawlings Company. The medical authorization forms seek the
release of certain information regarding Plaintiff’s medical liens. At the teleconference,
Plaintiff agreed to sign and mail the medical authorization forms to Ms. Padgett by the
end of the day November 10, 2020.
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In accordance with the foregoing, the Court DIRECTS Plaintiff to sign and mail
the medical authorization forms to Ms. Padgett on or before November 10, 2020.
Additionally, the Court DIRECTS Ms. Pagett to promptly send the medical authorization
forms to the appropriate recipients once they are received. Plaintiff SHALL confirm that
she has sent the medical authorization forms to Ms. Padgett in her November 13, 2020
email status update. And Ms. Padgett SHALL confirm whether she has received the
medical authorization forms from Plaintiff in her November 13, 2020 email status update.
F. Conclusion
With the foregoing in mind, this case is set for another status conference by
telephone on November 16, 2020 at 11:30 a.m. ALL TELECONFERENCE
PARTICIPANTS SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security
Code: 123456, and wait for the Court to join the conference.
As a final note, the Court ADVISES Plaintiff that she is expected to fully and
fairly participate in this case. If Plaintiff fails to provide the Court with a fully
responsive email status update on November 13, 2020, the Court may impose
sanctions including but not limited to the dismissal of this case.
The Clerk shall serve a copy of this Order on Plaintiff via certified mail.
IT IS SO ORDERED.
Date: 11/10/2020
Timothy S. Black
United States District Judge

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