Tyler v. United States Department of Education Rehabilitation Services Administration

Filing 100

JUDGMENT. The arbitration panel's determination that Plaintiff violated the Randolph-Sheppard Act, 20 U.S.C. § 107 et seq., as amended, by awarding the Fort Sill contract to Robert Brown and the panel's order to remove Robert Brown as the licensed blind vendor at Fort Sill and to replace him with Defendant Intervenor are CONFIRMED and judgment is entered in favor of Defendant Intervenor on these issues. The arbitration panel's award of damages to Defendant Intervenor and against Plaintiff and its award of attorney fees and litigation costs to Defendant Intervenor are VACATED and judgment is entered in favor of Plaintiff on these issues. Signed by Honorable Charles Goodwin on 02/13/2019. (jb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
NOEL TYLER, AS INTERIM
DIRECTOR OF THE OKLAHOMA
DEPARTMENT OF REHABILITATION
SERVICES,
Plaintiff,
vs.
UNITED STATES DEPARTMENT
OF EDUCATION, REHABILITATION
SERVICES ADMINISTRATION,
Defendant,
and
DAVID ALTSTATT, SR.
Defendant Intervenor.

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Case No. CIV-16-137-G

JUDGMENT
On appeal, the United States Court of Appeals for the Tenth Circuit affirmed in part
and reversed in part this Court’s Judgment of March 8, 2017, and remanded for further
proceedings consistent with its Opinion. See Tyler v. U.S. Dep’t of Educ., Rehab. Servs.
Admin., 904 F.3d 1167 (10th Cir. 2018); J. (Doc. No. 46) (West, J.). The Court of Appeals
found (1) the arbitration panel’s order directing Plaintiff Noel Tyler, as Interim Director of
the Oklahoma Department of Rehabilitation Services, to replace Robert Brown with
Defendant Intervenor David Altstatt, Sr., as the licensed blind vendor for the contract to
provide food services at Fort Sill, in Lawton, Oklahoma, was properly confirmed; (2) the
arbitration panel violated state sovereign immunity when it awarded damages to Defendant

Intervenor and against Plaintiff; and (3) the Randolph-Sheppard Act, 20 U.S.C. § 107 et
seq., as amended, does not authorize an award of attorney fees or litigation costs.
In accordance with the circuit court’s mandate issued on November 27, 2018, the
Court VACATES its Judgment of March 8, 2017 (Doc. No. 46) and ORDERS as follows:
(1) The arbitration panel’s determination that Plaintiff violated the RandolphSheppard Act, 20 U.S.C. § 107 et seq., as amended, by awarding the Fort Sill contract to
Robert Brown and the panel’s order to remove Robert Brown as the licensed blind vendor
at Fort Sill and to replace him with Defendant Intervenor are CONFIRMED and judgment
is entered in favor of Defendant Intervenor on these issues.
(2) The arbitration panel’s award of damages to Defendant Intervenor and against
Plaintiff and its award of attorney fees and litigation costs to Defendant Intervenor are
VACATED and judgment is entered in favor of Plaintiff on these issues.
DATED and ENTERED this 13th day of February, 2019.

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