Case: ADAPT v. Philadelphia Housing Authority

2:98-cv-04609 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 27, 1998

Clearinghouse coding complete

Case Summary

On August 27, 1998, plaintiff, an advocacy group, filed this lawsuit under §504 of the Rehabilitation Act of 1973 on behalf of persons with mobility impairments eligible for housing assistance from the Philadelphia Housing Authority (PHA). This action was filed against the PHA in the Philadelphia Division of the United States Court for the Eastern District of Pennsylvania. The plaintiff, ADAPT of Philadelphia, asked the court for declaratory and injunctive relief, claiming that PHA was violati…

On August 27, 1998, plaintiff, an advocacy group, filed this lawsuit under §504 of the Rehabilitation Act of 1973 on behalf of persons with mobility impairments eligible for housing assistance from the Philadelphia Housing Authority (PHA). This action was filed against the PHA in the Philadelphia Division of the United States Court for the Eastern District of Pennsylvania. The plaintiff, ADAPT of Philadelphia, asked the court for declaratory and injunctive relief, claiming that PHA was violating the Rehabilitation Act. Specifically, the plaintiffs alleged that by not making enough units available in the PHA system handicap-accessible, the PHA, as a recipient of federal funds ran afoul of the Rehabilitation Act of 1973.

PHA administers public housing benefits in the City of Philadelphia through being a direct provider of housing, as well as issuing Section 8 'vouchers' for low-rent housing. The total capacity at the time of filing was 20,000 units. 13,000 of those units were in 'high-rise' buildings. 7,000 were in 'scattered-site' buildings which were built into rowhouse-like blocs adjacent to one another. Plaintiffs alleged that there were not enough accessible scattered-site units.

PHA received block grants from the U.S. Department of Housing and Urban Development (HUD) for renovation and modernization from 1993 to 1997. Before renovations, PHA had no mobility-impaired accessible scattered-site units. After renovations, PHA only had 22 accessible units. Accessible units for persons with mobility impairments represented only 2.7% of the scattered-site units.

Implementing regulations of § 504 of the Rehabilitation Act of 1973 require that if renovations take place in a structure, and the renovation costs 75% or more of the replacement cost of the unit, then 5% of the renovated housing must be "made accessible for people with mobility impairments." 24 C.F.R. § 8.22(b).

On April 14, 2000, following a non-jury trial, the Court (Judge Harvey Bartle III) entered partial findings of fact to assist the parties in reaching a settlement agreement. The Court found that PHA was covered by the HUD regulation and was required to make 5% of its scattered-site units accessible to people with mobility impairments, and that furthermore, that the cost of such alterations was not prohibitively expensive.

On May 20, 2002, the parties entered into a private settlement agreement , which was filed under seal. The entire document is not currently available, so the duration and exact contents of the PHA's obligations under the settlement agreement are unknown at this time. The contents of the settlement agreement are detailed in later litigation to enforce the settlement agreement.

Under the Settlement Agreement, the PHA was required to construct 248 units accessible to persons with mobility impairments by December 2005 (with 124 to be available in December 2003). The Settlement Agreement also stipulated the locations of the accessible units, with a proviso that if the PHA decided to construct the units elsewhere, it would seek the Plaintiff's approval, which would be given or denied within 15 days of notice.

Plaintiffs rejected several 'off-settlement' unit proposals in the "Tasker Homes" because plaintiffs believed they were in conventional buildings and not scattered-site units. The PHA sued to enforce the settlement agreement, alleging the Plaintiff's approval was unreasonably withheld. The Court found in the PHA's favor and certified the "Tasker Homes" as satisfying the PHA's obligations under the settlement agreement.

On June 8, 2004, the Court again approved another batch of the "Tasker Homes" as satisfying the PHA's settlement obligations after the Court found that the Plaintiffs approval was unreasonably withheld.

On August 29, 2005, the Court entered an Order following an evidentiary hearing on yet another alleged violation of the Settlement Agreement. Plaintiffs claimed that the PHA was not taking steps to "maximize use" of accessible scattered-site units, in contravention of the Settlement Agreement. The Resident Advisory Board (RAB) moved to intervene as a defendant. The motion was granted, and the RAB presented testimony that the occupants of the units in question were disabled, but not dependent on wheelchairs for mobility. The Court found violations, but found that they were moot, and encouraged the Plaintiffs to be vigilant in ensuring compliance with the Settlement Agreement.

During the course of the evidentiary hearing, the PHA filed several interlocutory appeals contesting discovery orders entered by the District Court.

On January 9, 2006, the 3rd Circuit Court of Appeals (Judges Roth, Fuentes, and Garth), in a published opinion authored by Judge Garth (433 F.3d 353) found that the litigation was piecemeal and that the appellate court did not have jurisdiction under 28 U.S.C. § 1291. The Court vacated the appeal.

On May 11, 2006, The plaintiffs informed the District Court in a letter that the PHA had complied with its obligations under the Settlement Agreement.

On May 15, 2007, the District Court denied the plaintiffs' motion for attorney's fees as untimely. There has been no litigation following the entry of this order.

Summary Authors

Blase Kearney (6/12/2012)

Greg in den Berken (10/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4721724/parties/adapt-of-phila-v-phila-housing-auth/


Judge(s)

Bartle, Harvey III (Pennsylvania)

Attorney for Plaintiff

Clarke, Jennifer R. (Pennsylvania)

Eiseman, James Jr. (Pennsylvania)

Attorney for Defendant

Curley, Andrew Coyne (Pennsylvania)

Esq., Brian P.

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:98-cv-04609

DOCKET [PACER]

March 22, 2012

March 22, 2012

Docket
56

2:98-cv-04609

Opinion

April 14, 2000

April 14, 2000

Order/Opinion

2000 WL 433976

137

2:98-cv-04609

Order

April 23, 2004

April 23, 2004

Order/Opinion
147

2:98-cv-04609

Memorandum

June 8, 2004

June 8, 2004

Order/Opinion

2004 WL 1576639

300

2:98-cv-04609

Memorandum

Aug. 29, 2005

Aug. 29, 2005

Order/Opinion

2005 WL 3274331

05-02080

Opinion

Adapt v. Philadelphia Housing Authority

U.S. Court of Appeals for the Third Circuit

Jan. 9, 2006

Jan. 9, 2006

Order/Opinion

433 F.3d 353

318

2:98-cv-04609

Memorandum

May 15, 2007

May 15, 2007

Order/Opinion

511 F.Supp.2d 510

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4721724/adapt-of-phila-v-phila-housing-auth/

Last updated Oct. 29, 2026, 7:35 p.m.

Docket for: ADAPT OF PHILA. v. PHILA. HOUSING AUTH.
ECF Number Date Description Link
1 Aug. 27, 1998

Complaint. filing fee $ 150 receipt # 676630 (aam) (Entered: 08/27/1998)

RECAP
Aug. 27, 1998

Summons(es) issued; 2 originals mailed to: Counsel 8/27/98 (aam)

Aug. 27, 1998

Standard Case Management Track. (aam)

2 Sept. 16, 1998

Appearance of CARL OXHOLM III for DEFENDANT PHILA. HOUSING AUTH., DEFENDANT CARL GREENE . (jl) (Entered: 09/16/1998)

RECAP
3 Sept. 17, 1998

Affidavit of: GEORGE PHILLIPS re: served summons and complaint upon DEFENDANT PHILA. HOUSING AUTH., DEFENDANT CARL GREENE (service accepted by Ms. Thompson) . Served by: PERSONAL SERVICE on 9/1/98 . (jl) (Entered: 09/17/1998)

RECAP
4 Sept. 23, 1998

Stipulation extending time to answer the complaint. Answer due on 10/19/98 for CARL GREENE, for PHILA. HOUSING AUTH., with Clerk's approval (copies mailed). (jl) (Entered: 09/24/1998)

RECAP
5 Oct. 1, 1998

Entry of Appearance of ALAN C. KESSLER for DEFENDANT PHILA. HOUSING AUTH., DEFENDANT CARL GREENE, Certificate of Service. (fdc) (Entered: 10/02/1998)

RECAP
6 Oct. 6, 1998

STIPULATION AND ORDER THAT THE TIME IN WHICH DEFTS MAY ANSWER, PLEAD OR OTHERWISE PLEAD TO THE COMPLAINT IS EXTENDED UNTIL 10/29/98 . (SIGNED BY JUDGE HARVEY BARTLE III) 10/7/98 ENTERED AND COPIES MAILED; COPIES FAXED 10/6/98. (adr) (Entered: 10/07/1998)

RECAP
7 Oct. 29, 1998

MOTION by DEFENDANT PHILA. HOUSING AUTH., DEFENDANT CARL GREENE TO DISMISS, OR, IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (md) (Entered: 10/30/1998)

RECAP
8 Nov. 5, 1998

ORDER THAT MOTIONS OF DEFTS PHILADELPHIA HOUSING AUTHORITY AND CARL GREENE TO DISMISS PLFF'S COMPLAINT, OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT, IS DENIED AS MOOT, ETC. ( SIGNED BY JUDGE HARVEY BARTLE III ) 11/6/98 ENTERED AND COPIES MAILED AND FAXED. (jef) (Entered: 11/06/1998)

RECAP
9 Nov. 23, 1998

Amended complaint by PLAINTIFF ADAPT OF PHILA., PLAINTIFF LIBERTY RESOURCES, Certificate of Service. (sc) (Entered: 11/24/1998)

RECAP
10 Dec. 18, 1998

STIPULATION AND ORDER THAT THE ANSWER DEADLINE TO PLAINTIFFS' AMENDED COMPLAINT IS EXTENDED TO 1/8/99 FOR DEFENDANT CARL GREENE, DEFENDANT PHILADELPHIA HOUSING AUTHORITY . THIS IS THE FIRST EXTENSION OF TIME GRANTED TO DEFENDANTS' TO RESPOND TO PLAINTIFFS' AMENDED COMPLAINT. ( SIGNED BY JUDGE HARVEY BARTLE III ) 12/18/98 ENTERED AND COPIES MAILED AND FAXED. (md) Modified on 12/18/1998 (Entered: 12/18/1998)

RECAP
11 Jan. 8, 1999

MOTION by DEFENDANT PHILA. HOUSING AUTH., DEFENDANT CARL GREENE TO DISMISS PLAINTIFF'S AMENDED COMPLAINT, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (tj) (Entered: 01/11/1999)

RECAP
12 Jan. 27, 1999

STIPULATION AND ORDER THAT THE TIME IN WHICH PLAINTIFFS MAY FILE THEIR RESPONSE TO DEFENDANTS' PENDING MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT IS EXTENDED TWO WEEKS, UP TO AND INCLUDING 2/8/99. ( SIGNED BY JUDGE HARVEY BARTLE III ) 1/27/99 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 01/27/1999)

RECAP
13 Feb. 8, 1999

Response by PLAINTIFF ADAPT OF PHILA., PLAINTIFF LIBERTY RESOURCES in opposition to DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, Declarations, Certificate of Service. (np) (Entered: 02/08/1999)

RECAP
14 Feb. 10, 1999

ORDER THAT THE MOTION OF DEFENDANTS TO DISMISS THE AMENDED COMPLAINT IS DENIED. IT IS FURTHER ORDERED THAT THE MOTION IN THE ALTERNATIVE FOR SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE, ETC. ( SIGNED BY JUDGE HARVEY BARTLE III ) 2/10/99 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 02/10/1999)

RECAP
15 Feb. 24, 1999

Answer by PHILA. HOUSING AUTH., CARL GREENE to amended complaint, Certificate of Service. (lm) (Entered: 02/25/1999)

RECAP
16 March 3, 1999

ORDER THAT ALL DISCOVERY SHALL BE COMPLETED BY 9/15/99 ; ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION, TOGETHER WITH SUPPORTING BRIEF, SHALL BE FILED AND SERVED ON OR BEFORE 9/30/99 ; THE CASE WILL BE PLACED IN THE TRIAL POOL ON 11/1/99, ETC. ( SIGNED BY JUDGE HARVEY BARTLE III ) 3/3/99 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 03/03/1999)

RECAP
17 June 30, 1999

MOTION by DEFENDANT PHILA. HOUSING AUTH., DEFENDANT CARL GREENE FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (jl) (Entered: 07/01/1999)

RECAP
18 July 6, 1999

Appearance of CARL OXHOLM III of FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP, for DEFENDANT PHILA. HOUSING AUTHORITY, DEFENDANT CARL GREENE, Certificate of Service. (Withdrawal of CARL OXHOLM, III, of CONNOLLY, EPSTEIN, CHICCO, FOXMAN, OXHOLM & EWING) (md) Modified on 07/07/1999 (Entered: 07/07/1999)

RECAP
19 July 16, 1999

STIPULATION AND ORDER THAT PLAINTIFFS' COUNSEL SHALL DELIVER TO DEFENDANTS' COUNSEL THE REPORT OF PLAINTIFFS' EXPERT WITNESS, ROBERT THOMAS BY 7/23/99; PLAINTIFFS SHALL SERVE THEIR RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BY 8/14/99 ; DEFENDANTS SHALL SERVE THEIR REPLY BRIEF BY 8/31/99 . ( SIGNED BY JUDGE HARVEY BARTLE III ) 7/19/99 ENTERED AND COPIES MAILED AND FAXED ON 7/16/99. (md) (Entered: 07/19/1999)

RECAP
20 July 26, 1999

Entry of Appearance of JOEL M. SWEET for DEFENDANT PHILA. HOUSING AUTH., Certificate of Service. (np) (Entered: 07/27/1999)

RECAP
21 Aug. 5, 1999

Withdrawal of appearance of JEFFREY B. FIRST for DEFENDANTS PHILA. HOUSING AUTHORITY, and CARL GREENE, Certificate of Service. (md) (Entered: 08/06/1999)

RECAP
22 Aug. 13, 1999

MOTION by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. TO AMEND COMPLAINT, CERTIFICATE OF SERVICE. (SECOND AMENDED COMPLAINT ATTACHED) (gn) Modified on 08/13/1999 (Entered: 08/13/1999)

RECAP
23 Aug. 13, 1999

MOTION by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. FOR PARTIAL SUMMARY JUDGMENT THAT PHA VIOLATED ITS DUTY TO MAKE SCATTERED SITE HOUSING ACCESSIBLE CONSOLIDATED WITH PLFFS' RESPONSE OPPOSING DEFTS' SUMMARY JUDGMENT MOTION, CERTIFICATE OF SERVICE. (gn) Modified on 08/13/1999 (Entered: 08/13/1999)

RECAP
24 Aug. 13, 1999

Memorandum by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. in support of its motion for partial summary judgment that PHA violated its duty to make scattered site housing accessible consolidated with plffs' response opposing defts' summary judgment motion, Certificate of Service. (Exhibits attached) (gn) (Entered: 08/13/1999)

RECAP
25 Sept. 3, 1999

Answer by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTHORITY in opposition to PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE ALREADY AMENDED COMPLAINT, Certificate of Service. (md) (Entered: 09/07/1999)

RECAP
26 Sept. 15, 1999

Reply by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. in support of their MOTION TO AMEND COMPLAINT, Certificate of Service. (md) (Entered: 09/15/1999)

RECAP
27 Sept. 16, 1999

ORDER THAT THE MOTION OF PLAINTIFFS FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT IS GRANTED. DEFENDANTS SHALL HAVE SEVEN DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER. ( SIGNED BY JUDGE HARVEY BARTLE III ) 9/16/99 ENTERED AND COPIES MAILED. (md) (Entered: 09/16/1999)

RECAP
28 Sept. 16, 1999

Second Amended complaint by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA., PLAINTIFF MARIE WATSON, PLAINTIFF MARSHALL WATSON, PLAINTIFF DIANE HUGHES, Certificate of Service. (md) (Entered: 09/16/1999)

RECAP
29 Sept. 17, 1999

ORDER THAT THE FIRST SCHEDULING ORDER DATED 3/3/99 IS VACATED. ALL DISCOVERY SHALL BE COMPLETED BY 9/15/99 ; THE CASE WILL BE PLACED IN THE TRIAL POOL ON 12/1/99 ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 11/18/99 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 11/30/99 ; ANY BRIEF BY DEFENDANTS IN OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT AND REPLY IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT DUE 9/27/99 ; ANY REPLY BY PLAINTIFFS IN SUPPORT OF THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT DUE 10/6/99. ( SIGNED BY JUDGE HARVEY BARTLE III ) 9/17/99 ENTERED AND COPIES MAILED. (md) (Entered: 09/17/1999)

RECAP
30 Sept. 22, 1999

Notice by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA., PLAINTIFF MARIE WATSON, PLAINTIFF MARSHALL WATSON, PLAINTIFF DIANE HUGHES of withdrawal of rule 56(f) affidavit, Certificate of Service. (md) (Entered: 09/22/1999)

RECAP
31 Sept. 27, 1999

Answer by CARL GREENE, PHILA. HOUSING AUTH. (Attorney JOEL M. SWEET) to second amended complaint, Certificate of Service. (af) Modified on 09/28/1999 (Entered: 09/28/1999)

RECAP
32 Sept. 28, 1999

Reply Brief by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTHORITY in support of their MOTION FOR SUMMARY JUDGMENT, and in opposition to PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT, Certificate of Service, Appendix. (md) (Entered: 09/28/1999)

RECAP
33 Oct. 7, 1999

Reply by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA., PLAINTIFF MARIE WATSON, PLAINTIFF MARSHALL WATSON, PLAINTIFF DIANE HUGHES in support of MOTION FOR SUMMARY JUDGMENT, Certificate of Service, Exhibits (1 volume). (md) (Entered: 10/07/1999)

RECAP
34 Oct. 8, 1999

Appendix by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTHORITY to their Reply Brief in support of their MOTION FOR SUMMARY JUDGMENT, and in opposition to PLAINTIFFS' CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT. (md) (Entered: 10/12/1999)

RECAP
35 Dec. 8, 1999

ORDER THAT (1) THE MOTION OF DEFENDANTS PHILADELPHIA HOUSING AUTHORITY AND CARL GREEN FOR SUMMARY JUDGMENT IS DENIED BECAUSE OF THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT; AND (2) THE CROSS-MOTION OF PLAINTIFFS ADAPT OF PHILADELPHIA, LIBERTY RESOURCES, INC., MARIE WATSON, MARSHALL WATSON, AND DIANE HUGHES FOR PARTIAL SUMMARY JUDGMENT IS DENIED BECUASE OF THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT. (SIGNED BY JUDGE HARVEY BARTLE III) 12/8/99 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 12/08/1999)

RECAP
36 Dec. 9, 1999

Plaintiffs' Pretrial Memorandum, with proposed findings of fact and conclusions of law, and lists of witnesses and exhibits, Certificate of Service. (md) (Entered: 12/09/1999)

RECAP
37 Dec. 13, 1999

Defendant's Pretrial Memorandum, with lists of witnesses and exhibits, Certificate of Service. (md) (Entered: 12/14/1999)

RECAP
38 Dec. 13, 1999

MOTION by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. IN LIMINE TO DISMISS CLAIMS ARISING BEFORE 1997, CERTIFICATE OF SERVICE. (md) (Entered: 12/14/1999)

RECAP
39 Dec. 13, 1999

Proposed Findings of Facts and Conclusions of Law by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH., Certificate of Service. (md) (Entered: 12/14/1999)

RECAP
40 Dec. 16, 1999

Minute entry re: 12/15/99 civil non-jury trial day one. Statement of counsel for PLAINTIFF. Statement of counsel for DEFENDANT. JOHN WHITE, sworn. (md) (Entered: 12/16/1999)

RECAP
41 Dec. 17, 1999

Minute entry re: 12/16/99 civil non-jury trial day two. John White resumes. Marie Watson, Marshall Watson, Thomas Kuhar, Dainette Mintz, and Susan Klein, sworn. Thomas Kuhar recalled. (md) (Entered: 12/20/1999)

RECAP
42 Dec. 20, 1999

Minute entry re: 12/17/99 civil non-jury trial day three. Carl Greene, Vita Prophet, John Quinn, and Margaret Fahringer, sworn. (md) (Entered: 12/20/1999)

RECAP
43 Dec. 21, 1999

Minute entry re: 12/20/99 civil non-jury trial day four. Frederick Purnell, sworn. Margaret Fahringer, resumes. Elizabeth Albert, sworn. (md) (Entered: 12/21/1999)

RECAP
44 Dec. 22, 1999

Minute entry re: 12/21/99 civil non-jury trial day five. Elizabeth Albert, resumes. Robert Thomas, sworn. (md) (Entered: 12/22/1999)

RECAP
45 Jan. 6, 2000

Minute entry re: 1/5/00 civil non-jury trial day six. Witnesses sworn. Hearing on exhibits. (md) (Entered: 01/06/2000)

RECAP
46 Jan. 7, 2000

Minute entry re: 1/7/00 civil non-jury trial day 8. Witness Margaret Fahringer, resumes. (md) (Entered: 01/07/2000)

RECAP
48 Jan. 7, 2000

Minute entry re: 1/6/00 civil non-jury trial day 7. Witness sworn. (md) (Entered: 01/13/2000)

RECAP
47 Jan. 12, 2000

Memorandum of Law by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. in support of their MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO RULE 52(C), Certificate of Service. (md) (Entered: 01/12/2000)

RECAP
49 Feb. 10, 2000

ORDER THAT THE POST-TRIAL BRIEF OF PLFFS SHALL BE FILED BY 2/25/00 ; AND THE POST-TRIAL BRIEF OF DEFTS SHALL BE FILED BY 3/10/00 ; AND ANY REPLY BE PLFFS SHALL BE FILED BY 3/17/00; AND THE COURT WILL HOLD ORAL ARGUMENT ON 3/22/00 AT 3:30 . ( SIGNED BY JUDGE HARVEY BARTLE III ) 2/10/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 02/10/2000)

RECAP
50 Feb. 25, 2000

Post-Trial brief by LIBERTY RESOURCES, ADAPT OF PHILA., MARIE WATSON, MARSHALL WATSON, DIANE HUGHES, including proposed findings of fact, and conclusions of law, Certificate of Service, Appendix. (md) (Entered: 02/28/2000)

RECAP
51 March 13, 2000

Post-Trial brief by CARL GREENE, PHILA. HOUSING AUTH., Certificate of Service. (md) (Entered: 03/14/2000)

RECAP
52 March 13, 2000

Proposed Findings of Facts and Conclusions of Law by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH., Certificate of Service. (md) (Entered: 03/14/2000)

RECAP
53 March 17, 2000

Post-Trial Reply Brief by LIBERTY RESOURCES, ADAPT OF PHILA., MARIE WATSON, MARSHALL WATSON, DIANE HUGHES, Certificate of Service. (md) (Entered: 03/20/2000)

RECAP
54 March 23, 2000

Minute entry re: 3/22/00 civil non-jury trial oral argument. Counsel for PLFF argues to Court. Counsel for DEFT argues to Court. PLFF rebuttal. C.A.V. (md) (Entered: 03/23/2000)

RECAP
55 April 13, 2000

ORDER THAT DEFTS' MOTION IN LIMINE TO DISMISS CLAIMS ARISING BEFORE 1997 IS DENIED. ( SIGNED BY JUDGE HARVEY BARTLE III ) 4/13/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 04/13/2000)

RECAP
56 April 14, 2000

PARTIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW THAT THE COURT AGREES WITH THE PLFFS THAT, AS IT IS USED IN 24 C.F.R. SECTION 8.23(a), A "PROJECT" IS A GROUP OF UNITS TO WHICH HUD HAS ASSIGNED A PARTICULAR PA PROJECT NUMBER. ANY UNITS PHA SUBSTANTIALLY ALTERED WITHIN ONE PA NUMBER HAD TO BE MADE ACCESSIBLE UNTIL 5% OF THE TOTAL UNITS WITHIN THAT PA NUMBER WERE ACCESSIBLE. AS REQUESTED, THE COURT WILL NOW EXTEND THE PARTIES AN OPPORTUNITY AMICABLY TO RESOLVE THIS ACTION; SHOULD THE PARTIES FAIL TO DO SO EXPEDITIOUSLY, THE COURT IS PREPARED TO MAKE ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND TO ENTER AN ORDER GRANTING APPROPRIATE RELIEF. ( SIGNED BY JUDGE HARVEY BARTLE III ) 4/14/00 ENTERED AND COPIES MAILED. (md) (Entered: 04/14/2000)

RECAP
57 May 23, 2000

ORDER THAT ANY MOTION TO REOPEN THE RECORD DUE BY 5/25/00 ; ANY RESPONSE TO THE MOTION DUE BY 5/30/00 ; PLFFS SHALL FILE ANY PROPOSED SUPPLEMENTAL FINDINGS OF FACT, CONCLUSIONS OF LAW, FORM OF ORDER AS TO REMEDY, AND SUPPORTING BRIEF BY 6/5/00 ; DEFTS SHALL FILE ANY PROPOSED SUPPLEMENTAL FINDINGS OF FACT, CONCLUSIONS OF LAW, FORM OF ORDER AS TO REMEDY, AND RESPONSIVE BRIEF BY 6/14/00 ; ANY REPLY BY PLFFS DUE BY 6/21/00; THE COURT WILL HOLD ORAL ARGUMENT ON 6/29/00 AT 9:45 . ( SIGNED BY JUDGE HARVEY BARTLE III ) 5/24/00 ENTERED AND COPIES MAILED AND FAXED. (md) Modified on 05/24/2000 (Entered: 05/24/2000)

RECAP
58 May 25, 2000

MOTION by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA., PLAINTIFF MARIE WATSON, PLAINTIFF MARSHALL WATSON, PLAINTIFF DIANE HUGHES TO OPEN THE RECORD, CERTIFICATE OF SERVICE. (md) (Entered: 05/25/2000)

RECAP
59 May 30, 2000

Response by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. in Opposition to MOTION TO RE-OPEN THE RECORD, Certificate of Service. (fh) (Entered: 05/31/2000)

RECAP
60 May 31, 2000

ORDER THAT PLFFS' MOTION TO OPEN THE RECORD IS GRANTED IN THE INTEREST OF JUSTICE. ( SIGNED BY JUDGE HARVEY BARTLE III ) 5/31/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 05/31/2000)

RECAP
61 June 2, 2000

ORDER THAT DEFTS SHALL PROMPTLY SPECIFY THE PA PROJECT NOS. FOR THE 678 SCATTERED SITE UNITS IDENTIFIED BY COUNSEL FOR PLFFS IN A CHART DELIVERED TO COUNSEL FOR DEFTS ON 5/24/00. ( SIGNED BY JUDGE HARVEY BARTLE III ) 6/2/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 06/02/2000)

RECAP
62 June 6, 2000

Memorandum by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA., PLAINTIFF MARIE WATSON, PLAINTIFF MARSHALL WATSON, PLAINTIFF DIANE HUGHES in support of their proposed remedy, Certificate of Service. (md) (Entered: 06/07/2000)

RECAP
63 June 22, 2000

MOTION by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. TO OPEN THE RECORD TO ADMIT EVIDENCE RELEVANT TO PLAINTIFFS' REQUESTED RELIEF, MEMORANDUM, CERTIFICATE OF SERVICE. (md) (Entered: 06/23/2000)

RECAP
64 June 22, 2000

MOTION by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. TO OPEN THE RECORD TO ADMIT THREE EXHIBITS INTO EVIDENCE, MEMORANDUM, CERTIFICATE OF SERVICE. (md) (Entered: 06/23/2000)

RECAP
65 June 22, 2000

Memorandum by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. in opposition to PLAINTIFFS' proposed remedy, Certificate of Service. (md) (Entered: 06/23/2000)

RECAP
66 June 22, 2000

Supplemental Post-Trial Proposed Findings of Facts and Conclusions of Law by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH., Certificate of Service. (md) (Entered: 06/23/2000)

RECAP
67 June 29, 2000

Reply by PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA., PLAINTIFF MARIE WATSON, PLAINTIFF MARSHALL WATSON, PLAINTIFF DIANE HUGHES on remedy, Certificate of Service. (md) (Entered: 06/29/2000)

RECAP
68 July 7, 2000

Minute entry: 7/6/00, Hearing on the motions. Counsel for the plaintiff and the defendant argues to the court. (jl) (Entered: 07/07/2000)

RECAP
69 July 7, 2000

ORDER THAT THE MOTION OF DEFENDANTS TO OPEN THE RECORD TO ADMIT EVIDENCE RELEVANT TO PLAINTIFFS' REQUESTED RELIEF IS GRANTED IN THE INTEREST OF JUSTICE. (SIGNED BY JUDGE HARVEY BARTLE III) 7/10/00 ENTERED AND COPIES MAILED AND FAXED. (dt) (Entered: 07/10/2000)

RECAP
70 July 7, 2000

ORDER THAT MOTION OF DEFTS TO OPEN THE RECORD TO ADMIT INTO EVIDENCE THREE LETTERS FROM HUD TO PHA, IS GRANTED IN THE INTEREST OF JUSTICE. ( SIGNED BY JUDGE HARVEY BARTLE III ) 7/10/00 ENTERED AND COPIES MAILED AND FAXED. (kw) (Entered: 07/10/2000)

RECAP
71 July 26, 2000

SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER THAT DEFTS SHALL PROVIDE AN ADDITIONAL 248 SCATTERED SITE UNITS WHICH ARE FULLY WHEELCHAIR ACCESSIBLE AND AVAILABLE FOR OCCUPANCY BY 9/1/04, AS OUTLINED IN THIS ORDER; WITHIN 3 MONTHS OF THE DATE OF THIS ORDER, DEFTS SHALL SUBMIT TO THE COURT FOR APPROVAL THEIR PLAN TO PROVIDE THE REMAINING 90 FULLY WHEELCHAIR ACCESSIBLE SCATTERED SITE UNITS BY 9/1/04; IT APPEARING THAT CURRENTLY THE DEFTS OWN 1,663 VACANT BUILDINGS AND LOTS ON WHICH ACCESSIBLE SCATTERED SITE UNITS COULD BE BUILT, DEFTS, THEIR OFFICERS, AGENTS, ETC., ARE HEREBY ENJOINED FROM SELLING, LEASING, TRANSFERRING OR OTHERWISE DISPOSING OF ANY SUCH LOTS OR INTEREST IN THEM UNTIL FURTHER ORDER OF THE COURT. ( SIGNED BY JUDGE HARVEY BARTLE, III ) 7/26/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 07/26/2000)

RECAP
July 26, 2000

Case closed (kv)

72 Aug. 8, 2000

JOINT MOTION by PLAINTIFF DIANE . HUGHES, PLAINTIFF MARSHALL WATSON, PLAINTIFF MARIE WATSON, PLAINTIFF LIBERTY RESOURCES, DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH., PLAINTIFF ADAPT OF PHILA. FOR EXTENSION OF TIME IN WHICH PLFFS MAY FILE THEIR MOTION FOR ATTYS' FEES, LITIGATION EXPENSES, AND COSTS . (md) (Entered: 08/09/2000)

RECAP
73 Aug. 8, 2000

ORDER THAT THE JOINT MOTION FOR EXTENSION OF TIME IN WHICH PLFFS MAY FILE THEIR MOTION FOR ATTYS' FEES, LITIGATION EXPENSES, AND COSTS, IS GRANTED; AND PLFFS MAY FILE THEIR MOTION FOR ATTYS' FEES, LITIGATION EXPENSES, AND COSTS, BY 10/15/00 . ( SIGNED BY JUDGE HARVEY BARTLE III ) 8/9/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 08/09/2000)

RECAP
74 Aug. 9, 2000

MOTION by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. TO RECONSIDER AND TO AMEND THE ORDER OF COURT ISSUED 7/26/00, MEMORANDUM, CERTIFICATE OF SERVICE. (md) (Entered: 08/10/2000)

RECAP
75 Aug. 15, 2000

PLAINTIFFS Memorandum in opposition to Defts' MOTION TO RECONSIDER AND AMEND THE ORDER OF JULY 26, 2000, Certificate of Service. (aa) (Entered: 08/16/2000)

RECAP
76 Aug. 25, 2000

Notice of appeal by DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH. Fee Status: Paid. Copies to: JUDGE HARVEY BARTLE III, Clerk USCA, Appeals Clerk, and STEPHEN F. GOLD, DAVID A. KAHNE, ALAN C. KESSLER, JOEL M. SWEET, Certificate of Service. (md) (Entered: 08/28/2000)

RECAP
77 Aug. 25, 2000

Copy of Clerk's notice to USCA re: [76-1] appeal . (md) (Entered: 08/28/2000)

RECAP
78 Aug. 25, 2000

ORDER THAT, UPON CONSIDERATION OF THE STIPULATION SIGNED BY COUNSEL FOR ALL PARTIES, THE INJUNCTION ISSUED 7/26/00 IS HEREBY LIFTED FOR THE SOLE PURPOSE OF ALLOWING THE PHA TO CONVEY TO THE SCHOOL DIST. OF PHILA. TITLE TO THE PROPERTY LOCATED AT 2443 NORTH HOWARD STREET IN PHILA., FOR USE BY THE SCHOOL DIST. AS PART OF THE SITE FOR THE NEW HUNTER SCHOOL, CURRENTLY UNDER DEVELOPMENT. ( SIGNED BY JUDGE HARVEY BARTLE III ) 8/28/00 ENTERED AND COPIES MAILED AND FAXED ON 8/25/00. (md) (Entered: 08/28/2000)

RECAP
79 Aug. 30, 2000

Copy of order from USCA dated 8/30/00 that, it appearing that a timely post-decision motion of a type specified by F.R.A.P. is pending in the Dist. Court, it is hereby ordered that the appeal is stayed pending disposition of the motion. The parties are directed to file written reports addressing the status of the pending motion on 9/29/00 and every 30 days thereafter until the motion is determined. This stay does not apply to the obligation to pay filing and docketing fees. (md) (Entered: 08/31/2000)

RECAP
Aug. 30, 2000

Notice of Docketing ROA from USCA Re: [76-1] appeal USCA NUMBER: 00-2543 . 8/30/00 (md)

80 Sept. 14, 2000

STIPULATION AND ORDER THAT THE INJUNCTION ISSUED 7/26/00 IS LIFTED FOR THE SOLE PURPOSE OF ALLOWING PHA TO MAKE THE CONVEYANCES AS OUTLINED IN THIS ORDER. ( SIGNED BY JUDGE HARVEY BARTLE III ) 9/14/00 ENTERED AND COPIES MAILED. (md) Modified on 09/15/2000 (Entered: 09/14/2000)

RECAP
81 Sept. 28, 2000

JOINT MOTION by PLAINTIFF DIANE . HUGHES, PLAINTIFF MARSHALL WATSON, PLAINTIFF MARIE WATSON, PLAINTIFF LIBERTY RESOURCES, DEFENDANT CARL GREENE, DEFENDANT PHILA. HOUSING AUTH., PLAINTIFF ADAPT OF PHILA. FOR FURTHER EXTENSION OF TIME IN WHICH PLFFS MAY FILE THEIR MOTION FOR ATTYS' FEES, LITIGATION EXPENSES, AND COSTS . (md) (Entered: 09/28/2000)

RECAP
82 Sept. 28, 2000

ORDER THAT THE PARTIES' JOINT MOTION FOR FURTHER EXTENSION OF TIME IN WHICH PLFFS MAY FILE THEIR MOTION FOR ATTYS' FEES, LITIGATION EXPENSES, AND COSTS IS GRANTED, AND THE TIME IN WHICH PLFFS MAY FILE SAID MOTION IS EXTENDED UNTIL FURTHER ORDER OF THIS COURT. ( SIGNED BY JUDGE HARVEY BARTLE III ) 9/28/00 ENTERED AND COPIES MAILED. (md) (Entered: 09/28/2000)

RECAP
83 Oct. 25, 2000

PHA'S Plan for the creation of a minimum of 90 additional accessible scattered-site units, Certificate of Service. (md) (Entered: 10/26/2000)

RECAP
84 Nov. 7, 2000

Objections by PLAINTIFF DIANE . HUGHES, PLAINTIFF MARSHALL WATSON, PLAINTIFF MARIE WATSON, PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. to PHA'S proposed remedy and proposed relief from injunction, Certificate of Service. (md) (Entered: 11/07/2000)

RECAP
85 Nov. 9, 2000

ORDER THAT, UPON CONSIDERATION OF STIPULATION SIGNED BY COUNSEL FOR ALL PARTIES, THE INJUNCTION ISSUED 7/26/00 IS HEREBY LIFTED FOR SOLE PURPOSE OF ALLOWING PHA TO MAKE THE CONVEYANCES OUTLINED IN THIS ORDER. ( SIGNED BY JUDGE HARVEY BARTLE III ) 11/9/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 11/09/2000)

RECAP
86 Nov. 9, 2000

Stipulation by STEPHEN F. GOLD, ESQ. on behalf of PLFFS and CARL OXHOLM, III, ESQ. on behalf of DEFTS for relief from stay. (md) (Entered: 11/13/2000)

RECAP
87 Dec. 14, 2000

ORDER THAT THE INJUNCTION IMPOSED BY THE 7/26/00 ORDER ON THE DISPOSITION OF VACANT PHA PROPERTIES IS HEREBY STAYED UNTIL 2/1/01, OR UNTIL SUBSEQUENT ORDER OF THIS COURT; AND A HEARING ON DEFTS' PENDING MOTION TO DISSOLVE THE INJUNCTION IS SET FOR 1/16/01 AT 4:00 . ( SIGNED BY JUDGE HARVEY BARTLE III ) 12/14/00 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 12/14/2000)

RECAP
88 Jan. 31, 2001

ORDER THAT THE PARTIES SHALL MEET WITH THE COURT ON 2/16/01 AT 11:00 ; AND THE INJUNCTION IMPOSED BY THIS COURT'S ORDER OF 7/26/00, ON THE DISPOSITION OF VACANT PHA PROPERTIES, WHICH WAS STAYED BY ORDER OF THIS COURT DATED 12/14/00, IS HEREBY STAYED TO AND INCLUDING 2/16/01. ( SIGNED BY JUDGE HARVEY BARTLE III ) 2/1/01 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 02/01/2001)

RECAP
89 Feb. 15, 2001

ORDER THAT THE INJUNCTION IMPOSED BY THIS COURT'S ORDER OF 7/26/00, ON THE DISPOSITION OF VACANT PHA PROPERTIES, WHICH WAS STAYED BY ORDER OF THIS COURT DATED 12/14/00, IS HEREBY STAYED TO AND INCLUDING 2/26/01. ( SIGNED BY JUDGE HARVEY BARTLE III ) 2/16/01 ENTERED AND COPIES MAILED AND FAXED ON 2/15/01. (md) (Entered: 02/16/2001)

RECAP
90 Feb. 26, 2001

ORDER THAT, FOLLOWING A CONF. WITH COUNSEL, THE INJUNCTION IMPOSED BY COURT'S 7/26/00 ORDER, ON DISPOSITION OF VACANT PHA PROPERTIES, WHICH WAS STAYED BY COURT'S 12/14/00 ORDER, IS HEREBY STAYED TO AND INCLUDING 3/6/01. ( SIGNED BY JUDGE HARVEY BARTLE III ) 2/26/01 ENTERED AND COPIES MAILED AND FAXED. (md) (Entered: 02/26/2001)

RECAP
91 March 23, 2001

Supplemental Memorandum by PLAINTIFF DIANE . HUGHES, PLAINTIFF MARSHALL WATSON, PLAINTIFF MARIE WATSON, PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. in opposition to "PHA'S Plan for the creation of a minimum of ninety additional accessible scattered-site units", Certificate of Service. (md) (Entered: 03/26/2001)

RECAP
92 March 23, 2001

Response by PLAINTIFF DIANE . HUGHES, PLAINTIFF MARSHALL WATSON, PLAINTIFF MARIE WATSON, PLAINTIFF LIBERTY RESOURCES, PLAINTIFF ADAPT OF PHILA. to DEFTS' MOTION TO RECONSIDER, Certificate of Service. (md) (Entered: 03/26/2001)

RECAP
93 April 12, 2001

ORDER THAT UPON STIPULATION OF COUNSEL FOR ALL PARTIES, THE APPOINTMENT OF THE HONORABLE NELSON A. DIAZ IS HEREBY CONFIRMED AS A MEDIATOR IN THIS MATTER, EFFECTIVE FEBRUARY 26, 2001. (SIGNED BY JUDGE HARVEY BARTLE III) 4/12/01 ENTERED AND COPIES MAILED AND FAXED ON 4/11/01. (fh) (Entered: 04/12/2001)

RECAP
94 April 18, 2001

Minute entry: 4/18/01, Oral argument of Defendant's motion for reconsideration and Proposed Plan. Statement of counsel for defendant; Statement of counsel for plaintiff; Statement of Margaret Fahringer. Continued to 4/24/01 at 1:00. (jl) (Entered: 04/18/2001)

RECAP
95 April 20, 2001

Transcript for Hearing held April 18, 2001 before Judge Bartle. (mbh) (Entered: 04/20/2001)

RECAP
96 May 4, 2001

Plaintiffs' Supplemental Brief on Remedy, Cert of Service. (jpd) (Entered: 05/04/2001)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Public Housing

Key Dates

Filing Date: Aug. 27, 1998

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

ADAPT is an organization that advocates for the rights of individuals with disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Interest Law Center (PILCOP)

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Philadelphia

Defendant Type(s):

Housing Authority

Facility Type(s):

Government-run

Case Details

Causes of Action:

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Eastern District of Pennsylvania 2:98-cv-04609

U.S. Court of Appeals for the Third Circuit 05-02080

U.S. Court of Appeals for the Third Circuit 04-02595

U.S. Court of Appeals for the Third Circuit 04-03651

U.S. Court of Appeals for the Third Circuit 04-03686

U.S. Court of Appeals for the Third Circuit 04-04502

U.S. Court of Appeals for the Third Circuit 04-04734

U.S. Court of Appeals for the Third Circuit 05-01692

U.S. Court of Appeals for the Third Circuit 05-01727

U.S. Court of Appeals for the Third Circuit 05-02079

U.S. Court of Appeals for the Third Circuit 05-02954

U.S. Court of Appeals for the Third Circuit 00-02543

U.S. Court of Appeals for the Third Circuit 01-02587

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Issues

General/Misc.:

Access to public accommodations - governmental

Disability and Disability Rights:

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation