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 

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email status updates to black_chambers@ohsd.uscourts.gov. 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.

1 So, e.g., Plaintiff shall copy both Ms. Padgett (at kpadgett@reminger.com) and Mr. Smith (at 

irsmith@mimlaw.com) on her email status update to the Court.

2 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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