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Case: Frame v. City of Arlington

4:05-cv-00470 | U.S. District Court for the Northern District of Texas

Filed Date: July 22, 2005

Clearinghouse coding complete

Case Summary

On July 22, 2005, a group of Arlington residents who have mobility impairments that require that they use motorized wheelchairs filed a lawsuit under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. The plaintiffs, represented by private counsel, asked the U.S. District Court for the Northern District of Texas for an injunction requiring the City to bring its curbs, sidewalks, and parking lots into AD…

On July 22, 2005, a group of Arlington residents who have mobility impairments that require that they use motorized wheelchairs filed a lawsuit under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. The plaintiffs, represented by private counsel, asked the U.S. District Court for the Northern District of Texas for an injunction requiring the City to bring its curbs, sidewalks, and parking lots into ADA compliance. In their complaint, plaintiffs point to more than one hundred curbs and poorly maintained sidewalks in Arlington that they allege make their travel impossible or unsafe. They also point to at least three public facilities lacking adequate handicap parking.

In response to plaintiffs' Fourth Amended Complaint, defendant filed a motion to dismiss on April 30, 2007, arguing that the claim was out of time; that the plaintiffs lacked standing to invoke Title II or Section 504 of the Rehabilitation Act; and that the alleged facts did not state a legal claim of discrimination (that an enforceable duty only arose when new construction or alteration triggered the duty). On March 31, 2008, Judge Terry R. Means granted defendants motion and dismissed plaintiffs' complaint on the basis that their claims were barred by the applicable two-year statute of limitations. Plaintiffs appealed.

On July 7, 2009, the Fifth Circuit issued an opinion finding that the ADA authorizes plaintiffs' claims because the City's curbs, sidewalks, and parking lots are a service, program, or activity within the meaning of Title II. The Court also held that, although the district court correctly held both that the plaintiffs' claims were subject to a two-year statute of limitations, and that they accrued on the date the City completed any noncompliant construction or alteration, it improperly burdened the plaintiffs with proving accrual within the two years preceding the filing of their complaint. The Court therefore vacated the district court's judgment of dismissal and remanded for further proceedings. Circuit Judge Prado dissented, arguing that the statute of limitations was triggered by the plaintiffs' encounters with, not the City's completion of, noncompliant sidewalks, curbs, or parking lots.

On August 23, 2010, the Fifth Circuit granted a petition for rehearing and withdrew its July 7, 2009 Opinion. On rehearing, the Court held that sidewalks, curbs, and parking lots are not Title II services, programs, or activities, and thus, plaintiffs lack a private right of action to enforce the regulations unless noncompliance has denied access to a service, program, or activity. Where a cause of action is established, the statute of limitations is triggered when the plaintiff knew or should have known that he or she was excluded from a city service, program, or activity. Again, the Court vacated the district court's judgment for improperly burdening plaintiffs with proving accrual within the two years preceding the filing of their complaint and remanded for further proceedings.

On January 26, 2011, the Fifth Circuit ordered that the case be reheard by the Court. On October 11, 2011, the Fifth Circuit issued its en banc decision, finding that the District Court had erred in granting the Defendant's Motion to Dismiss. The Court held that all public sidewalks that were built or modified after the passage of the ADA are covered by Title II, and that the plaintiffs here had a valid private right of action to challenge the inaccessible sidewalks. The court also held that the statute of limitations did not bar this claim because it begins to run only when plaintiffs knew or should have known about the violation (regardless of when the sidewalks were actually constructed).

Following this decision, the City petitioned the United States Supreme Court to hear the case, but the Supreme Court denied certiorari review in February 2012.

In October 2012, the City Council approved a Settlement Agreement to resolve the plaintiffs' claims rather than proceed to trial. Through this agreement, the City has promised to remedy specific sidewalk violations over a period of 25 months. The City will also engage in efforts to proactively comply with ADA requirements going forward, and will hire an ADA coordinator. The City also agreed to pay the plaintiffs' attorney's fees.

Summary Authors

Clearinghouse (11/27/2012)

People


Judge(s)

Benavides, Fortunato Pedro (Texas)

Bleil, Charles (Texas)

Clement, Edith Brown (Louisiana)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Elrod, Jennifer Walker (Texas)

Garza, Emilio M. (Texas)

Haynes, Catharina (Texas)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Judge(s)

Benavides, Fortunato Pedro (Texas)

Bleil, Charles (Texas)

Clement, Edith Brown (Louisiana)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Elrod, Jennifer Walker (Texas)

Garza, Emilio M. (Texas)

Haynes, Catharina (Texas)

Jolly, E. Grady (Mississippi)

King, Carolyn Dineen (Texas)

Means, Terry R. (Texas)

Owen, Priscilla Richman (Texas)

Prado, Edward Charles (Texas)

Smith, Jerry Edwin (Texas)

Southwick, Leslie (Mississippi)

Stewart, Carl E. (Louisiana)

Attorneys(s) for Plaintiff

de la O, Miguel Manuel (Florida)

Ferguson, Charles Duke (Florida)

Ferleger, David (Pennsylvania)

Freeman, John L. (Texas)

Nevins, John Mitchell (Texas)

Attorneys(s) for Defendant

Barlow, Melinda H. (Texas)

Hofmeister, Kent S. (Texas)

Voss, Edwin P. Jr. (Texas)

Wilkerson, Denise V. (Texas)

Other Attorney(s)

Canupp, David Jonathon (Alabama)

Caso, Christopher John (Texas)

Houston, Scott N. (Texas)

Janardan, Devala (Maryland)

Phillips, Dirk Christian (District of Columbia)

Rosenberg, Barbara Elaine (Texas)

Royer, George W. Jr. (Alabama)

Samberg-Champion, Sasha M. (District of Columbia)

Signorille, Mary E. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Expert/Monitor/Master

Jones, Edith Hollan (Texas)

Stahl, Sidney C. (Texas)

Documents in the Clearinghouse

Document

08-10630

Docket (5th Circuit)

U. S. Court of Appeals for the Fifth Circuit

March 18, 2011

March 18, 2011

Docket

4:05-cv-00470

Docket [PACER]

June 22, 2012

June 22, 2012

Docket
86

4:05-cv-00470

Defendant City of Arlington's Third Renewed Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claims

April 30, 2007

April 30, 2007

Pleading / Motion / Brief
94

4:05-cv-00470

Fourth Amended Complaint

Aug. 9, 2007

Aug. 9, 2007

Complaint
97

4:05-cv-00470

Plaintiffs' Brief in Response to Defendant's Third Renewed Motion to Dismiss

Sept. 4, 2007

Sept. 4, 2007

Pleading / Motion / Brief
98

4:05-cv-00470

Defendant's Reply to Plaintiffs' Brief in Response to Defendant's Third Renewed Motion to Dismiss

Sept. 19, 2007

Sept. 19, 2007

Pleading / Motion / Brief
105

4:05-cv-00470

Order Granting Third Renewed Motion to Dismiss

March 31, 2008

March 31, 2008

Order/Opinion
109

4:05-cv-00470

Plaintiffs' Motion to Alter and/or Amend the Judgment of Dismissal and Memorandum of Law in Support Thereof

April 14, 2008

April 14, 2008

Pleading / Motion / Brief
110

4:05-cv-00470

Defendant's Response to Plaintiffs' Motion to Alter and/or Amend Judgment

April 29, 2008

April 29, 2008

Pleading / Motion / Brief
111

4:05-cv-00470

Plaintiffs' Reply to the Defendant's Response to Plaintiffs' Motion to Alter and/or Amend Judgment

May 12, 2008

May 12, 2008

Pleading / Motion / Brief

Docket

Last updated Nov. 21, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The City of Arlington ( Filing fee $250; Receipt number 53387), filed by Richard Frame, Wendell Decker.(csw, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

2

Summons Issued as to The City of Arlington. (csw, ) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

3

Order Designating Case for ECF − see order for specifics. (Signed by Judge Terry R Means on 7/25/05) (wrb, ) Additional attachment(s) added on 7/27/2005 (dld, ). (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

4

SUMMONS Returned Executed as to The City of Arlington served on 7/22/2005, answer due 8/11/2005. Served personally at City of Arlington Muni Bldg on City Secretary by Legal Asst Judy Moulton (wrb, ) (Entered: 07/28/2005)

July 27, 2005

July 27, 2005

5

Rule 12(b)(6) MOTION to Dismiss Pltfs' Claims by The City of Arlington with Brief. (pdm, ) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

6

UNFILED PER 7 ORDER...CERTIFICATE OF INTERESTED PERSONS by The City of Arlington. (pdm, ) Modified on 8/15/2005 (dld, ). (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

7

Order Unfiling 6 Cert. Of Interested Persons/Disclosure Statement filed by The City of Arlington, due to the following deficiency: Pleadings must be submitted electronically per 7/25/05 order. (Signed by Judge Terry R Means on 8/15/05) (dld, ) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

8

Order Unfiling 5 MOTION to Dismiss filed by The City of Arlington, due to the following deficiency: Pleadings must be submitted electroncially per 7/25/05 order. (Signed by Judge Terry R Means on 8/15/05) (dld, ) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

9

MOTION for Leave to File Defendant City of Arlington's Rule 12(b)(6) Motion to Dismiss Plaintiff's Claims and Brief by The City of Arlington with Brief. (Attachments: # 1 Defendant City of Arlington's Rule 12(b)(6) Motion to Dismiss Plaintiff's Claims and Brief)(Wilkerson, Denise) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

10

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The City of Arlington. (Wilkerson, Denise) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

11

CERTIFICATE of Conference re 9 MOTION for Leave to File Defendant City of Arlington's Rule 12(b)(6) Motion to Dismiss Plaintiff's Claims and Brief Amended Certificate of Conference by Denise V Wilkerson on behalf of The City of Arlington (Wilkerson, Denise) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

12

ORDER granting 9 Motion for Leave to File Responsive Pleadings Out of Time; to be electronically filed within 3 days of this order's issuance. (Signed by Judge Terry R Means on 8/19/05) (dld, ) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

13

MOTION to Dismiss by The City of Arlington with Brief in Support. (Wilkerson, Denise) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

14

CERTIFICATE OF SERVICE by The City of Arlington re 13 MOTION to Dismiss (Wilkerson, Denise) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

15

ORDER TO SUBMIT JOINT STATUS REPORT AND PROPOSED DISCOVERY PLAN (Signed by Judge Terry R Means on 08/24/05) (wrb, ) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

16

AMENDED COMPLAINT First Amended Complaint against The City of Arlington, filed by Richard Frame.(Nevins, John) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

18

Vacation Letter as to Denise Wilkerson Vacation for dates December 26−30, 2005. (Wilkerson, Denise) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

19

ORDER finding as moot 13 Motion to Dismiss (Signed by Judge Terry R Means on 09/15/05) (wrb, ) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

20

Application and Order for Admission Pro Hac Vice by Charles Duke Ferguson for Richard Frame and Wendell Decker (Signed by Judge Terry R Means on 09/15/05) (wrb, ) (Entered: 09/19/2005)

Sept. 15, 2005

Sept. 15, 2005

21

STIPULATION by The City of Arlington Stipulation Regarding Initial Pleadings by Plaintiffs and Defendant . (Voss, Edwin) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

22

STATUS REPORT Parties' Proposed Discovery Plan and Joint Status Report by Richard Frame. (Nevins, John) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

23

AMENDED DOCUMENT by Richard Frame, Wendell Decker. Second Amended Complaint . (Ferguson, Charles) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

24

ORDER OF REFERRAL FOR MEDIATION IN OCTOBER 2006; parties to agree on mediator nlt Aug 1 2006. (Signed by Judge Terry R Means on 11/4/05) (wrb, ) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

25

INITIAL SCHEDULING ORDER: Discovery due by 9/29/2006. Joinder of Parties due by 2/3/2006. Motions due by 10/30/2006. Parties to participate in a formal settlement conf nlt Mar 31 2006. (Signed by Judge Terry R Means on 11/4/05) (wrb, ) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

26

MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) by The City of Arlington (Voss, Edwin) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

27

BRIEF IN SUPPORT OF MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) by The City of Arlington with Brief in Support. (Voss, Edwin) Modified on 11/8/2005 (wrb, ). (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

28

Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Brief in Support of MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) , 26 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) by Richard Frame, Wendell Decker (Ferguson, Charles) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

29

ORDER granting 28 Motion to Extend Time to File Response/Reply. Responses due by 12/5/2005 (Signed by Judge Terry R Means on 11/16/05) (wrb, ) (Entered: 11/16/2005)

Nov. 16, 2005

Nov. 16, 2005

30

Second MOTION for Extension of Time to File Response/Reply to Defendant's Renewed Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claims by Richard Frame, Wendell Decker (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Second Unopposed Motion for Extension of Time to Respond to Defendant's Renewed Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claims)(Ferguson, Charles) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

31

ORDER granting 30 Motion to Extend Time to File Response/Reply. Plaintiffs are granted until 12/9/2005 to respond to Defendant's motion and deft granted until Dec 27 to file its reply. (Signed by Judge Terry R Means on 12/5/05) (wrb, ) (Entered: 12/05/2005)

Dec. 5, 2005

Dec. 5, 2005

32

Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) by Richard Frame, Wendell Decker (Ferguson, Charles) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

33

Application and Order for Admission Pro Hac Vice by Miguel M de la O for Richard Frame and Wendell Decker (Signed by Judge Terry R Means on 12/9/05) (wrb, ) (Entered: 12/12/2005)

Dec. 9, 2005

Dec. 9, 2005

34

Plaintiff's Amended Unopposed Motion to Their Unoppposed Motion for a One Day Extension of Time to Respond to Defendant's Renewed Rule 12(b)(6) Motion to Dismiss Plaintiffs' Claims by Richard Frame, Wendell Decker (Ferguson,

Dec. 12, 2005

Dec. 12, 2005

36

RESPONSE to Motion re 26 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) filed by Richard Frame, Wendell Decker. (Ferguson, Charles) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

37

RESPONSE to Motion re 27 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) , 26 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) filed by Richard Frame, Wendell Decker. (Attachments: # 1)(Ferguson, Charles) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

38

REPLY to Response to Motion re 27 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) , 26 MOTION to Dismiss Plaintiffs' Claims Pursuant to Rule 12(b)(6) filed by The City of Arlington. (Voss, Edwin) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

39

SETTLEMENT CONFERENCE REPORT by The City of Arlington. (Voss, Edwin) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

40

MOTION for Protective Order to Stay Discovery by The City of Arlington (Voss, Edwin) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

41

Brief/Memorandum in Support filed by The City of Arlington re 40 MOTION for Protective Order to Stay Discovery (Voss, Edwin) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

42

Appendix in Support filed by The City of Arlington re 41 Brief/Memorandum in Support of Motion, 40 MOTION for Protective Order to Stay Discovery Appendix, Part A (Voss, Edwin) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

43

Appendix in Support filed by The City of Arlington re 41 Brief/Memorandum in Support of Motion, 40 MOTION for Protective Order to Stay Discovery Appendix Part B (Voss, Edwin) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

44

SETTLEMENT CONFERENCE REPORT Defendant's Amended Report by The City of Arlington. (Voss, Edwin) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

45

ORDER EXPEDITING FILING OF RESPONSE AND REPLY...If Plaintiff's desire to file a response to defendant's motion 40 they must do so nlt Friday June 2, 2006. Deft may file its reply nlt Wed June 7, 2006. (Signed by Judge Terry R Means on 5/25/06) (jmb, ) (Entered: 05/26/2006)

May 25, 2006

May 25, 2006

46

Vacation Letter as to Edwin Voss, Jr. for dates 6/21 thru 6/26/06 and 8/1 thru 8/7/06. (pdm, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

47

RESPONSE filed by Richard Frame, Wendell Decker re 40 MOTION for Protective Order to Stay Discovery (Ferguson, Charles) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

48

OBJECTION (Response) filed by Richard Frame, Wendell Decker re 44 Amended Settlement Conference Report (Ferguson, Charles) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

49

REPLY to Deft's Response filed by The City of Arlington re 40 MOTION for Protective Order to Stay Discovery to Plaintiffs' Response (Voss, Edwin) Modified on 6/7/2006 (pdm, ). (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

50

Defendant's Reply to Plaintiffs' Response to the Amended Settlement Conference Report filed by The City of Arlington. (Voss, Edwin) Modified on 6/7/2006 (pdm, ). (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

51

ORDER REFERRING MOTION to Magistrate Judge Bleil: 40 Motion for Protective Order filed by The City of Arlington, (Signed by Judge Terry R Means on 6/14/06) (jmb, ) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

52

ORDER denying 40 Motion for Protective Order (Signed by Judge Charles Bleil on 6/26/06) (jmb, ) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

54

Joint Designation of Mediator by The City of Arlington &Pltfs.(Voss, Edwin) Modified on 7/28/2006 (pdm, ). (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

55

ORDER finding as moot 26 Motion to Dismiss and Directing Amended Complaint...The court DIRECTS Plaintiffs to file a third amended complaint nlt August 22, 2006 (Signed by Judge Terry R Means on 7/31/06) (jmb, ) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

56

ORDER APPOINTING MEDIATOR...Sidney Stahl appointed as mediator. Copy of this order, order of Nov 4, 2005 and docket sheet to mediator. (Signed by Judge Terry R Means on 8/1/06) (jmb, ) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

57

UNFILED PER 59 ORDER...Out of Time MOTION for Leave to Serve Disclosure of Expert Witnesses by Scott Updike, Richard Frame, Wendell Decker with Brief in Support (Attachments: # 1 Brief in Support of Motion# 2 Text of Proposed Order Granting Plaintiffs' Motion)(Ferguson, Charles) Modified on 8/25/2006 (dld, ). (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

58

UNFILED PER 60 ORDER... MOTION for Extension of Time to File Third Amended Complaint by Scott Updike, Richard Frame, Wendell Decker (Attachments: # 1 Text of Proposed Order Granting Plaintiff's Motion for Extension of Time to File)(Ferguson, Charles) Modified on 8/25/2006 (dld, ). (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

59

Order Unfiling 57 MOTION for Leave to File Disclosure of Expert Witnesses filed by Richard Frame,, Wendell Decker,, Scott Updike, see order for specifics. (Signed by Judge Terry R Means on 8/25/06) (dld, ) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

60

Order Unfiling 58 MOTION for Extension of Time to File Third Amended Complaint filed by Richard Frame,, Wendell Decker,, Scott Updike, See order for specifics. (Signed by Judge Terry R Means on 8/25/06) (dld, ) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

61

MOTION for Leave to File Disclosure of Expert Witnesses by Scott Updike, Richard Frame, Wendell Decker with Brief in support of Plaintiffs' Out of Time Motion for Leave to File Disclosure of Expert Witnesses. (Ferguson, Charles) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

62

Brief/Memorandum in Support filed by Scott Updike, Richard Frame, Wendell Decker re 61 MOTION for Leave to File Disclosure of Expert Witnesses (Ferguson, Charles) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

63

MOTION for Extension of Time to File Third Amended Complaint by Scott Updike, Richard Frame, Wendell Decker (Ferguson, Charles) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

64

RESPONSE filed by The City of Arlington re 63 MOTION for Extension of Time to File Third Amended Complaint (Voss, Edwin) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

65

Appendix in Support filed by The City of Arlington re 64 Response to Motion (Voss, Edwin) (Entered: 09/18/2006)

Sept. 18, 2006

Sept. 18, 2006

66

REPLY filed by Scott Updike, Richard Frame, Wendell Decker re 63 MOTION for Extension of Time to File Third Amended Complaint (Ferguson, Charles) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

67

ORDER GRANTING LEAVE TO SERVE DISCLOSURE OF EXPERT WITNESSES OUT OF TIME... granting 61 Motion for Leave to File. (Signed by Judge Terry R Means on 10/16/06) (jmb, ) Modified on 10/16/2006 (jmb, ). (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

68

ORDER denying 63 Motion for Extension of Time to File Third Amended Complaint. Plaintiffs are directed to file their third amended complaint within 3 days of the date of this order. (Signed by Judge Terry R Means on 10/17/06) (jmb,

Oct. 17, 2006

Oct. 17, 2006

70

ORDER FOR TRIAL SETTING CONFERENCE... Pretrial Conference set for 11/30/2006 09:30 AM before Judge Terry R Means. Joint pretrial order due nlt 11/24/06. (Signed by Judge Terry R Means on 10/19/06) (jmb, ) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

71

Second MOTION to Dismiss under Rule 12(b)(6) by The City of Arlington (Voss, Edwin) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

72

Brief/Memorandum in Support filed by The City of Arlington re 71 Second MOTION to Dismiss under Rule 12(b)(6) (Voss, Edwin) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

73

Joint MOTION to Temporarily Abate Case by Plaintiffs and by The City of Arlington with Brief in Support. (Voss, Edwin) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

74

Letter to the Judge regarding mediation filed by ADR Provider. (jmb, ) (Entered: 11/13/2006)

Nov. 7, 2006

Nov. 7, 2006

75

ORDER GRANTING JOINT MOTION TO TEMPORARILY STAY CASE....ORDER granting 73 Motion...The case is stayed for 90 days from the date of this order. All deadlines and activity are stayed for 90 days. Pretrial conference scheduled for nov 30 at 9:30 is cancelled. (Signed by Judge Terry R Means on 11/13/06) (jmb, ) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

76

Vacation Letter as to Denise Wilkerson for dates June 25, 2007 through July 6, 2007. (Wilkerson, Denise) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

77

Joint MOTION to Extend Time Temporary Stay by Scott Updike, Richard Frame, Wendell Decker (Attachments: # 1 Text of Proposed Order Joint Motion to Extend Temporary Stay) (Ferguson, Charles) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

78

ORDER granting 77 Joint Motion to Extend Temporary Stay denying 71 Defendant's Motion to Dismiss. The stay is extended for an additional 30 days. Further all deadlines and activity in this case are stayed. Deft will be free to refile its motion to dismiss should the parties fail to reach settlement after the stay has been lifted. (Signed by Judge Terry R Means on 2/15/07) (jmb) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

79

Vacation Letter as to Edwin Voss for dates 3/12−15 and 5/7−9, 2007. (jmb) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

80

Vacation Letter as to Denise Wilkerson for dates June 29, 2007−July 13, 2007. (Wilkerson, Denise) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

81

Joint MOTION to Stay (Second) by The City of Arlington with Brief in Support. (Voss, Edwin) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

82

ORDER granting 81 Joint Motion to Extend Temporary Stay (Signed by Judge Terry R Means on 3/21/07) (jmb) (Entered: 03/21/2007)

March 21, 2007

March 21, 2007

83

STATUS REPORT Joint Report on Settlement Negotiations by The City of Arlington. (Voss, Edwin) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

84

ORDER AMENDING INITIAL SCHEDULING ORDER:Discovery due by 1/31/2008.Joinder of Parties due by 5/31/2007. Pretrial/dispositive Motions due by 2/28/2008. Mediation nlt Feb 29, 2008. Formal Settlement conf nlt 9/28/2007. See order for specifics (Signed by Judge Terry R Means on 4/12/07) (jmb) (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

85

NOTICE of Change of Address by John Mitchell Nevins, counsel for Richard Frame. New address is: 3878 Oak Lawn Avenue, Suite 400, Dallas, TX 75219−4469 (Nevins, John) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

87

Brief/Memorandum in Support filed by The City of Arlington re 86 Third MOTION to Dismiss under Rule 12(b)(6) (Voss, Edwin) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

88

MOTION for Extension of Time to File Response/Reply as to 87 Brief/Memorandum in Support of Motion, 86 Third MOTION to Dismiss under Rule 12(b)(6) by Scott Updike, Richard Frame, Wendell Decker (Attachments: # 1 Text of Proposed Order) (Ferguson, Charles) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

89

ORDER granting 88 Motion to Extend Time to response to Deft's third renewed motion to dismiss; Accordingly, should the court deny plaintiffs' motion for leave to file a fourth amended complaint, plaintiffs shall have 10 days from date the court denies motion to file a response to deft's motion to dismiss. (Signed by Judge Terry R Means on 5/25/07) (dld) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

90

MOTION for Leave to File Fourth Amended Complaint by Scott Updike, Richard Frame, Wendell Decker with Brief in Support. (Attachments: # 1 Exhibit Fourth Amended Complaint). Party JUAN NUNEZ, a minor, by his next friend and mother, GABRIELA CASTRO, MARK HAMMAN and JOEY SALAS added. (Ferguson, Charles) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

91

RESPONSE filed by The City of Arlington re 90 MOTION for Leave to File Fourth Amended Complaint (Voss, Edwin) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

92

REPLY filed by Scott Updike, Richard Frame, Wendell Decker re 90 MOTION for Leave to File Fourth Amended Complaint (Ferguson, Charles) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

93

ORDER granting 90 Motion for Leave to File Fourth Amended Complaint...Plaintiffs may file their fourth amended complaint no later than five government working days from the date of this order. Plaintiffs shall file their response to Dft's motion to dismiss no later than ten days from the date of this order in accordance with this Court's order of May 25, 2007. The regular time for the filing of a reply under the local rules shall apply. (Signed by Judge Terry R Means on 8/9/2007) (csw) (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

94

AMENDED COMPLAINT Fourth against The City of Arlington filed by Scott Updike, Richard Frame, Wendell Decker, Gabriela Castro, JN, Mark Hamman, Joey Salas. (Ferguson, Charles) Modified on 8/13/2007 (cxb). (Entered: 08/09/2007)

Aug. 9, 2007

Aug. 9, 2007

95

Unopposed MOTION for Extension of Time to File Response/Reply as to 86 Third MOTION to Dismiss under Rule 12(b)(6) by Scott Updike, JN, Gabriela Castro, Mark Hamman, Joey Salas, Richard Frame, Wendell Decker (Attachments: # 1 Text of Proposed Order Plaintiffs Motion for Enlargement of Time) (Ferguson, Charles) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

96

ORDER granting 95 Motion to Extend Time to File Response/Reply. Response due by 11:59pm on 9/4/2007 (Signed by Judge Terry R Means on 8/16/07) (jmb) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

97

Brief in Response filed by Scott Updike, JN, Gabriela Castro, Mark Hamman, Joey Salas, Richard Frame, Wendell Decker re 86 Third MOTION to Dismiss under Rule 12(b)(6) (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Ferguson, Charles) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

98

REPLY filed by The City of Arlington re 86 Third MOTION to Dismiss under Rule 12(b)(6) to Plaintiffs' Brief in Response to Defendant's Third Renewed Motion to Dismiss (Voss, Edwin) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

99

Unopposed MOTION to Extend Time To Conduct Formal Settlement Meeting by Scott Updike, JN, Gabriela Castro, Mark Hamman, Joey Salas, Richard Frame, Wendell Decker (Attachments: # 1 Text of Proposed Order) (Ferguson, Charles) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

101

Unopposed MOTION to Extend Time of deadlines to conduct settlement conference and Defendant's expert witness designation by The City of Arlington (Voss, Edwin) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

102

ORDER granting 101 Unopposed MOTION to Extend Time of deadlines to conduct settlement conference and Defendant's expert witness designation. Deadline is extended to 30 days after the Court has ruled on Deft's Motion to dismiss under rule 12(b)(6). (Signed by Judge Terry R Means on 11/13/07) (dld) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

103

Joint MOTION to Extend Time of deadlines in scheduling order by The City of Arlington (Voss, Edwin) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

104

ORDER GRANTING MOTION TO STAY DEADLINES granting 103 Motion to Extend Time. See Order for specifics. (Signed by Judge Terry R Means on 02/04/2008) (krg) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

105

ORDER GRANTING THIRD RENEWED MOTION TO DISMISS granting 86 : See Order for specifics. (Signed by Judge Terry R Means on 03/31/2008) (krg) (Entered: 04/01/2008)

March 31, 2008

March 31, 2008

106

FINAL JUDGMENT... all claims in this cause are hereby DISMISSED with prejudice. All costs under 28 USC 1920 are taxed against Plaintiffs. (Signed by Judge Terry R Means on 03/31/2008) (krg) (Entered: 04/01/2008)

March 31, 2008

March 31, 2008

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 22, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons with disabilities who depend on motorized wheelchairs for mobility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Arlington (Arlington, Tarrant), City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Reasonable Accommodation

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Government services

Sidewalks

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment