Case: Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority

2:03-cv-01577 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: March 3, 2003

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On March 3, 2003, Disabled in Action of Pennsylvania (DIA) brought this action against the Southeastern Pennsylvania Transportation Authority (SEPTA) alleging that SEPTA violated the Americans with Disabilities Act, 42 U.S.C. § 12101 (ADA) and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (RA) after it completed two construction projects on its public transit facilities in Philadelphia and did not make the facilities sufficiently accessible to people with disabilities. DIA, represented…

On March 3, 2003, Disabled in Action of Pennsylvania (DIA) brought this action against the Southeastern Pennsylvania Transportation Authority (SEPTA) alleging that SEPTA violated the Americans with Disabilities Act, 42 U.S.C. § 12101 (ADA) and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (RA) after it completed two construction projects on its public transit facilities in Philadelphia and did not make the facilities sufficiently accessible to people with disabilities.

DIA, represented by attorneys from the Disability Law Project and a private disability rights firm, asked the court for injunctive relief requiring SEPTA to make the stations accessible to persons who use wheelchairs by constructing elevators at the City Hall Station and the 15th Street Courtyard, which provides access to the 15th Street Station.

Specifically, DIA alleged that SEPTA replaced an existing stairway at the 15th Street Courtyard without making the entrance accessible to persons in wheelchairs, and that SEPTA replaced an existing escalator at the City Hall Station Broad Street entrance but did not make the entrance accessible to persons using wheelchairs.

DIA's fourth amended complaint alleged that SEPTA violated the ADA and RA by making "alterations" to the 15th Street Courtyard and the City Hall Station without also making the affected portions of the facilities accessible to individuals with disabilities. Additionally, DIA alleged that the 15th Street Station and City Hall Station were "key stations" under the ADA and RA. Therefore, SEPTA was required to make those stations handicapped accessible.

On May 15, 2003, the United States District Court Eastern District of Pennsylvania (Judge Clifford Scott Green) granted SEPTA's motion to dismiss under Federal Rules of Civil Procedure R. 19(b) for DIA's failure to join the City of Philadelphia as a defendant. SEPTA argued that joinder of the City of Philadelphia was required, because the property at issue was owned by the City. On June 4, 2003 the District Court (Judge Green) granted DIA's motion vacating the May 15, 2003 order granting dismissal. On June 12, 2003, DIA filed an amended complaint, which included the City of Philadelphia as a defendant.

DIA reached a settlement agreement with the City of Philadelphia on August 16, 2004. The terms of the agreement provided that the City encouraged and would permit SEPTA to construct ADA-compliant elevators at the City Hall Station and the 15th Street Courtyard. On August 19, 2004, the case was reassigned and on November 30, 2004, the Court (Judge Gene E.K. Pratter) granted DIA's motion to dismiss the City of Philadelphia pursuant to the settlement agreement.

On January 7, 2004, DIA filed its third amended complaint, adding the "key station" claim. On December 23, 2004, the District Court (Judge Pratter) granted in part and denied in part SEPTA's motion to dismiss and motion to strike portions of DIA's third amended complaint. Specifically, the District Court (Judge Pratter) denied SEPTA's motion to strike DIA's allegations that SEPTA violated the "key station" provisions of Title II of the ADA, but DIA was ordered to strike allegations relating to an alleged agreement SEPTA made to construct elevators at City Hall in lieu of construction of an elevator at the 15th Street Station.

On February 15, 2005, DIA filed a fourth amended complaint, and alleged that SEPTA's renovations to both the 15th Street Courtyard and City Hall Station constituted "alterations" that triggered ADA and RA accessibility obligations.

The parties filed cross motions for summary judgment on April 5, 2006. On November 17, 2006, the Court (Judge Pratter) granted SEPTA's motion for summary judgment regarding all of DIA's claims. Disabled in Action of Pa. v. Southeastern Pa. Transp. Auth., No. 03-CV-1577, 2006 WL 3392733 (E.D. Pa. Nov. 17, 2006). The Court (Judge Pratter) held that DIA's claims were barred by the two-year statute of limitations, because the claims accrued when DIA knew, or had reason to know, that SEPTA's renovations would not include elevators. DIA filed its claims more than two years after those dates. DIA subsequently appealed.

On March 27, 2007, the United States filed an amicus curiae brief in support of DIA urging a reversal of the Court's summary judgment in favor of SEPTA.

On August 19, 2008, the United States Court of Appeals for the Third Circuit (Judge Michael D. Fisher; Judge Thomas M. Hardiman, Judge Walter King Stapleton) reversed the District Court and remanded the case. Disabled in Action of Pa. v. Southeastern Pa. Transp. Auth., 539 F.3d 199 (3rd Cir. 2008). The Third Circuit (Judges Fisher, Hardiman, Stapleton) held that the accrual date of a discrimination claim depends on when the discrimination occurred and that discrimination did not occur until the construction was completed. Therefore, DIA's claims were not barred by the statute of limitations.

On November 04, 2008, DIA filed its motion for summary judgment. On January 16, 2009, SEPTA filed its motion for summary judgment. On September 11, 2009, the United States District Court Eastern District of Pennsylvania (Judge Pratter) granted DIA's motion for summary judgment. Disabled in Action of Pa. v. Southeastern Pa. Transp. Auth., 655 F. Supp. 2d 553 (E.D.Pa. 2009). The Court (Judge Pratter) held that SEPTA's construction work at both the 15th Street Courtyard and City Hall Station were "alterations" under the ADA and RA. Therefore, the ADA and RA required SEPTA to make both locations readily accessible to individuals with disabilities.

SEPTA appealed the District Court decision. On February 16, 2011, the United States Court of Appeals for the Third Circuit (Judge Julio M. Fuentes, Judge Kent A. Jordan, Judge Anthony Joseph Scirica) affirmed the District Court's decision granting summary judgment in favor of DIA Disabled in Action of Pa. v. Southeastern Pa. Transp. Auth., No. 09-3964, 2011 WL 522947 (3rd Cir. Feb. 16, 2011). The Third Circuit held that the ADA must be interpreted liberally to provide equal access for disabled persons to public facilities. The court concluded that the City Hall Station and 15th Street Courtyard construction projects were "alterations" under the ADA, even though they were not "major structural alterations." Additionally, the court held that the ADA required SEPTA to make the alterations "to the maximum extent feasible" regardless of their cost, because "feasible" referred to technical matters and not economic costs. Furthermore, the court held that the 15th Street and the City Hall stations were not already "readily accessible" merely because there were disabled accessible elevators at other portions of the underground concourse connecting the 15th Street, City Hall, and Suburban Station.

On remand, the case finally settled; a consent decree was entered September 16, 2011, approved by Judge Pratter. The decree provided that SEPTA would install several elevators at the relevant stations, make fare lines accessible, and pay attorneys fees of about $500,000. It also required SEPTA to provide status reports to plaintiffs counsel, quarterly.

The agreement lasted until 2013. The case is now closed.

Summary Authors

Joe Reiter (8/29/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4850107/parties/disabled-in-action-of-pennsylvania-v-southeastern-pennsylvania/

Judge(s)

Fisher, D. Michael (Pennsylvania)

Fuentes, Theresa J (California)

Attorney for Plaintiff
Attorney for Defendant

Bennett, Jo (Pennsylvania)

Desipio, Adam A (Pennsylvania)

Expert/Monitor/Master/Other

Friel, Gregory (District of Columbia)

Documents in the Clearinghouse

2:03-cv-01577

United States District Court Eastern District of Pennsylvania (Philadelphia)

Disability in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority

Sept. 16, 2011

Sept. 16, 2011

Docket
4

2:03-cv-01577

DEFENDANT SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY'S RULE 12(b)(7) MOTION TO DISMISS PLAINTIFF'S COMPLAINT DUE TO PLAINTIFF'S FAILURE TO COMPLY WITH THE FEDERAL RULES REQUIREMENTS UNDER 19(a) OF COMPULSORY JOINDER

April 24, 2003

April 24, 2003

Pleading / Motion / Brief
5

2:03-cv-01577

ORDER

May 15, 2003

May 15, 2003

Order/Opinion
7

2:03-cv-01577

ORDER

June 4, 2003

June 4, 2003

Order/Opinion
21

2:03-cv-01577

PLAINTIFFS’ MOTION FOR PARTIAL PRELIMINARY INJUNCTION

Jan. 5, 2004

Jan. 5, 2004

Pleading / Motion / Brief
32

2:03-cv-01577

DEFENDANT SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY’S MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S THIRD AMENDED COMPLAINT

July 1, 2004

July 1, 2004

Pleading / Motion / Brief
49-1

2:03-cv-01577

Settlement Agreement

Disabled in Action of Pennyslvania v. Southeastern Pennsylvania Transportation Authority

Aug. 16, 2004

Aug. 16, 2004

Settlement Agreement
50

2:03-cv-01577

ORDER

Aug. 29, 2004

Aug. 29, 2004

Order/Opinion
68

2:03-cv-01577

Memorandum

Nov. 30, 2004

Nov. 30, 2004

Order/Opinion

224 F.R.D. 601

70

2:03-cv-01577

ORDER

Dec. 27, 2004

Dec. 27, 2004

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4850107/disabled-in-action-of-pennsylvania-v-southeastern-pennsylvania/

Last updated Oct. 29, 2026, 9:05 p.m.

Docket for: DISABLED IN ACTION OF PENNSYLVANIA v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY
ECF Number Date Description Link
1 March 14, 2003

COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ( Filing fee $ 150 receipt number 884398.), filed by DISABLED IN ACTION OF PENNSYLVANIA.(ss, ) Additional attachment(s) added on 3/26/2003 (ldb, ). (Entered: 03/14/2003)

RECAP
March 14, 2003

Summons Issued, mailed 3/14/03 as to SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. (ss, )

2 March 25, 2003

SUMMONS Returned Executed by DISABLED IN ACTION OF PENNSYLVANIA re: LATRICE BROOKS served Summons and Complaint upon SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY by PERSONAL SERVICE. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY served on 3/21/2003, answer due 4/10/2003. (jl, ) (jl, ). (Entered: 03/25/2003)

RECAP
3 March 25, 2003

NOTICE of Appearance by SAUL H. KRENZEL on behalf of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (jl, ) (jl, ). (Entered: 03/26/2003)

RECAP
4 April 24, 2003

MOTION TO DISMISS filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, MEMORANDUM, CERTIFICATE OF SERVICE.(tj, ) Modified on 4/25/2003 (td). (jl, ). (Entered: 04/25/2003)

RECAP
5 May 15, 2003

ORDER THAT DEFENDANT'S UNCONTESTED MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FED.R.CIV.P. 12 (b)(7) IS GRANTED; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 5/14/03. 5/15/03 ENTERED AND COPIES MAILED.(jl, ) (jl, ). (Entered: 05/15/2003)

RECAP
May 15, 2003

***Civil Case Terminated. (kv, )

6 May 16, 2003

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR RELIEF FROM ORDER, CERTIFICATE OF SERVICE, MEMORANDUM..(jl, ) Additional attachment(s) added on 6/19/2003 (ldb, ). (Entered: 05/16/2003)

RECAP
7 June 4, 2003

ORDER THAT PLAINTIFF'S UNCONTESTED MOTION FOR RELIEF FROM THE COURT'S 5/14/03 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT IS GRANTED. IT IS FURTHER ORDERED THAT THE COURT'S 5/14/03 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT IS VACATED; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/3/03. 6/4/03 ENTERED AND COPIES MAILED.(jl, ) Additional attachment(s) added on 6/4/2003 (jl, ). (Entered: 06/04/2003)

RECAP
8 June 12, 2003

AMENDED COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, THE CITY OF PHILADELPHIA, filed by DISABLED IN ACTION OF PENNSYLVANIA., CERTIFICATE OF SERVICE(jl, ) Modified on 6/12/2003 (jl, ). Additional attachment(s) added on 6/18/2003 (ldb, ). (Entered: 06/12/2003)

RECAP
June 12, 2003

2 Amended Summons Issued as to SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, THE CITY OF PHILADELPHIA. Forwarded To: STEPHEN GOLD on 6/12/03 (jl, )

9 June 18, 2003

SUMMONS Returned Executed by DISABLED IN ACTION OF PENNSYLVANIA re: STEPHEN GOLD served Summons and Complaint upon SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, THE CITY OF PHILADELPHIA by PERSONAL SERVICE. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY served on 6/18/2003, answer due 7/8/2003; THE CITY OF PHILADELPHIA served on 6/18/2003, answer due 7/8/2003. (jl, ) (jl, ). (Entered: 06/18/2003)

RECAP
10 Aug. 1, 2003

ANSWER to Amended Complaint and Affirmative Defenses by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Certificate of Service.(cdd, ) (jl, ). (Entered: 08/01/2003)

RECAP
Aug. 1, 2003

Issue Joined. (cdd, )

11 Sept. 30, 2003

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (SECOND AMENDED COMPLAINT ATTACHED).. (Attachments: # 1 MEMORANDUM)(jl, ) (Entered: 09/30/2003)

RECAP
12 Oct. 10, 2003

ORDER THAT DEFENDANT SEPTA MOTION TO DISMISS IS DISMISSED AS MOOT. PLAINTIFF'S MOTION TO FILE A SECOND AMENDED COMPLAINT IS GRANTED. A RULE 16 CONFERENCE BE HELD ON 10/21/03 AT 11:00 IN CHAMBERS; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 10/9/03.10/10/03 ENTERED AND COPIES MAILED. (jl, ) (jl, ). (Entered: 10/10/2003)

RECAP
13 Oct. 10, 2003

SECOND AMENDED COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, THE CITY OF PHILADELPHIA, filed by DISABLED IN ACTION OF PENNSYLVANIA.(jl, ) (jl, ). (Entered: 10/10/2003)

RECAP
Oct. 10, 2003

Set/Reset Hearings: RULE 16 CONFERENCE SET FOR 10/21/2003 11:00 AM BEFORE HONORABLE CLIFFORD SCOTT GREEN. (jl, )

Oct. 10, 2003

2 AMENDED Summons Issued as to SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, THE CITY OF PHILADELPHIA. Forwarded To: STEPHEN GOLD on 10/10/03 (jl, )

14 Oct. 20, 2003

NOTICE of Appearance by MARK R. ZECCA on behalf of THE CITY OF PHILADELPHIA with CERTIFICATE OF SERVICE. (jl, ) (jl, ). (Entered: 10/21/2003)

RECAP
15 Oct. 31, 2003

ORDER THAT A PRETRIAL CONFERENCE WILL BE HELD ON 11/5/03 AT 11:00 IN CHAMBERS; ETC... SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 10/31/03. 10/31/03 ENTERED AND COPIES MAILED.(jl, ) (Entered: 10/31/2003)

RECAP
16 Oct. 31, 2003

AFFIDAVIT of Service by STEPHEN GOLD re: served SECOND AMENDED COMPLAINT AND SUMMONES upon COUNSEL TO BOTH DEFENDANTS by MAIL (NO GREEN CARD ATTACHED). (jl, ) (jl, ). (Entered: 10/31/2003)

RECAP
17 Nov. 18, 2003

ANSWER WITH AFFIRMATIVE DEFNSES to SECOND Amended Complaint by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, CERTIFICATE OF SERVICE.(jl, ) (jl, ). (Entered: 11/19/2003)

RECAP
18 Nov. 26, 2003

AMENDED ANSWER WITH AFFIRMATIVE DEFENSES by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY TO PLAINTIFF'S SECOND AMENDED COMPLAINT, CERTIFICATE OF SERVICE.(jl, ) (jl, ). (Entered: 11/28/2003)

RECAP
19 Dec. 15, 2003

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (THIRD AMENDED COMPLAINT ATTACHED).. (Attachments: # 1 MEMORANDUM)(jl, ) (Entered: 12/15/2003)

RECAP
20 Jan. 5, 2004

REQUEST FOR EVIDENTIARY HEARING AND ORAL ARGUMENT. by DISABLED IN ACTION OF PENNSYLVANIA. (jl, ) Additional attachment(s) added on 1/6/2004 (jl, ). (Entered: 01/06/2004)

RECAP
21 Jan. 5, 2004

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR PARTIAL PRELIMINARY INJUCTION, MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) Additional attachment(s) added on 1/6/2004 (jl, ). (Entered: 01/06/2004)

RECAP
22 Jan. 7, 2004

ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT IS GRANTED; ETC. . SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/7/04.1/8/04 ENTERED AND COPIES MAILED. (jl, ) (Entered: 01/08/2004)

RECAP
23 Jan. 7, 2004

THIRD AMENDED COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, THE CITY OF PHILADELPHIA, filed by DISABLED IN ACTION OF PENNSYLVANIA.(jl, ) (Entered: 01/08/2004)

RECAP
24 Jan. 27, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY RESPONSE TO PLAINTIFF'S REQUEST FOR EVIDENTIARY HEARING AND ORAL ARGUMENT ON ITS MOTION FOR PARTIAL PRELIMINARY INJUNCTION, CERTIFICATE OF SERVICE. (jl, ) (Entered: 01/28/2004)

RECAP
25 Jan. 27, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY BRIEF IN SUPPORT OF ITS RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL PRELIMINARY INJUNCTION, CERTIFICATE OF SERVICE, AFFIDAVIT. (jl, ) (Entered: 01/28/2004)

RECAP
26 Jan. 27, 2004

STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT SEPTA TO FILE ITS RESPONSES TO PLAINTIFF'S MOTION FOR PARTIAL PRELIMINARY INJUNCTION AND PLAINTIFF'S REQUEST FOR EVIDENTIARY HEARING AND ORAL ARGUMENT SHALL BE EXTENDED FROM 1/22/04 UNTIL 1/27/04; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/27/04. 1/28/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 01/28/2004)

RECAP
27 Feb. 6, 2004

DISABLED IN ACTION OF PENNSYLVANIA REPLY TO SEPTA'S RESPONSE TO THE MOTION FOR PARTIAL PRELIMINARY INJUNCTION, CERTIFICATE OF SERVICE. (jl, ) (Entered: 02/06/2004)

RECAP
28 Feb. 18, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY RESPONSE TO PLAINTIFF'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR PARTIAL PRELIMINARY INJUNCTION, CERTIFICATE OF SERVICE. (jl, ) (Entered: 02/18/2004)

RECAP
29 June 14, 2004

ORDER THAT A CONFERENCE WILL BE HELD IN THE ABOVE CAPTIONED CASE ON 6/16/04 AT 3:00 IN CHAMBERS; ETC. . SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/14/04. 6/14/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 06/14/2004)

RECAP
30 June 16, 2004

ORDER THAT PLAINTIFF'S REQUEST FOR AN EVIDENTIARY HEARING AND ORAL ARGUMENT IS GRANTED. DEFENDANT'S REQUEST TO PERMIT THE PARTIES TO TAKE DISCOVERY PRIOR TO THE EVIDENTIARY HEARING IS GRANTED. DISCOVERY SHALL BE COMPLETED WITHIN 90 DAYS OF THIS ORDER; ETC. . SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/16/04.6/17/04 ENTERED AND COPIES MAILED. (jl, ) (Entered: 06/17/2004)

RECAP
31 June 25, 2004

NOTICE of Appearance by ROCCO J. IACULLO on behalf of DISABLED IN ACTION OF PENNSYLVANIA with CERTIFICATE OF SERVICE. (jl, ) (Entered: 06/28/2004)

RECAP
32 July 1, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE.. (Attachments: # 1 MEMORANDUM)(jl, ) (Entered: 07/01/2004)

RECAP
33 July 12, 2004

INITIAL Disclosure with CERTIFICATE OF SERVICE by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.(jl, ) (Entered: 07/13/2004)

RECAP
34 July 15, 2004

MOTION TO COMPEL DEFENDANT CITY OF PHILADELPHIA TO ANSWER INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FILED BY SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, CERTIFICATE OF SERVICE. (Attachments: # 1 CERTIFICATE OF COUNSEL# 2 ORDER# 3 ORDER-2)(mar, ) (Entered: 07/16/2004)

RECAP
35 July 19, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MOTION TO COMPEL DEFENDANT CITY OF PHILADELPHIA TO FILE AN ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE.. (Attachments: # 1 MEMORANDUM)(jl, ) (Entered: 07/20/2004)

RECAP
36 July 20, 2004

STIPULATION AND ORDER THAT THE TIME FOR PLAINTIFF TO FILE ITS RESPONSE TO DEFENDANT SEPTA'S MOTION TO DISMISS THE "KEY STATION" ALLEGATIONS IN PLAINTIFF'S THIRD AMENDED COMPLAINT SHALL BE EXTENDED UNTIL 8/9/04; ETC.. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 7/20/04. 7/21/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 07/21/2004)

RECAP
37 July 26, 2004

THE CITY OF PHILADELPHIA MOTION TO LIMIT DISCOVERY PURSUANT TO A DISCOVERY PLAN, MEMORANDUM, CERTIFICATE OF SERVICE.. (Attachments: # 1 MEMORANDUM)(jl, ) (Entered: 07/27/2004)

RECAP
38 July 26, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 07/27/2004)

RECAP
39 July 28, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MOTION TO COMPEL THE DEPOSITIONS OF CITY REPRESENTATIVES AND MOTION TO COMPEL DOCUMENT PRODUCTION/MOTION FOR CONTEMPT FOR THE CITY'S FAILURE TO RESPOND TO SUBPEONAS, MEMORANDUM, CERTIFICATE OF SERVICE.. (Attachments: # 1 MEMORANDUM)(jl, ) (Entered: 07/28/2004)

RECAP
40 July 29, 2004

Response to defendant SEPTA'S motion to compel defendant The City of Philadelphia to answer interrogatories and requests for the production of documents filed by THE CITY OF PHILADELPHIA, certificate of service. (Attachments: # 1 proposed order# 2 certificate of service)(mac, ) (Entered: 07/29/2004)

RECAP
41 Aug. 2, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MOTION TO COMPEL THE CITY OF PHILADELPHIA TO PROVIDE THE INITIAL DISCLOSURES REQUIRED BY F.R.C.P. 26 (a)(1), MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE..(jl, ) (jl, ). (Entered: 08/03/2004)

RECAP
42 Aug. 2, 2004

RESPONSE to SEPTA'S Motion TO COMPEL CITY OF PHILA. TO FILE AN ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT, Memorandum, Certificate of service THE CITY OF PHILADELPHIA. (ph, ) Additional attachment(s) added on 9/2/2004 (md, ). (Entered: 08/03/2004)

RECAP
43 Aug. 5, 2004

PLAINTIFF'S MOTION TO DISMISS THE CITY OF PHILADELPHIA FROM THE LAWSUIT FILED BY DISABLED IN ACTION OF PENNSYLVANIA, CERIFICATE OF SERVICE.(mac, ) Modified on 8/5/2004 (mac, ). (Entered: 08/05/2004)

RECAP
44 Aug. 6, 2004

Plaintiff's response to defendant's motion to dismiss filed by DISABLED IN ACTION OF PENNSYLVANIA, memorandum, certificate of service. (mac, ) (Entered: 08/06/2004)

RECAP
45 Aug. 6, 2004

Disclosure with Certificate of Service by THE CITY OF PHILADELPHIA.(ZECCA, MARK) (Entered: 08/06/2004)

RECAP
46 Aug. 10, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY RESPONSE TO THE CITY OF PHILADELPHIA MOTION TO LIMIT DISCOVERY, MEMORANDUM, CERTIFICATE OF SERVICE. (jl, ) (jl, ). (Entered: 08/11/2004)

RECAP
47 Aug. 11, 2004

THE CITY OF PHILADELPHIA RESPONSE TO DEFENDANT SEPTA'S MOTION TO COMPEL THE DEPOSITIONS OF CITY REPRESENTATIVES AND MOTION TO COMPEL DOCUMENT PRODUCTION/MOTION FOR CONTEMPT, CERTIFICATE OF SERVICE. (Attachments: # 1 CERTIFICATE OF SERVICE)(jl, ) (Entered: 08/11/2004)

RECAP
48 Aug. 16, 2004

RESPONSE in Opposition re 41 MOTION to Compel filed by THE CITY OF PHILADELPHIA. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C)(ZECCA, MARK) (Entered: 08/16/2004)

RECAP
49 Aug. 16, 2004

SETTLEMENT AGREEMENT by THE CITY OF PHILADELPHIA. (Attachments: # 1 Settlement Agreement# 2 Certificate of Service)(ZECCA, MARK) (Entered: 08/16/2004)

RECAP
50 Aug. 19, 2004

ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF JUDGE CLIFFORD SCOTT GREEN TO THE CALENDAR OF JUDGE GENE E.K. PRATTER. (SIGNED BY JUDGE MICHAEL E. KUNZ ON 8/19/04.) 8/20/04 ENTERED AND COPIES MAILED.(jy, ) (Entered: 08/20/2004)

RECAP
51 Aug. 24, 2004

STIPULATION AND ORDER THAT DEFENDANT SEPTA SHALL HAVE UNTIL 5:00 ON 8/25/04 TO FILE A REPLY TO PLAINTIFF DISABLED IN ACTION'S RESPONSE TO SEPTA'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT. IT IS FURTHER STIPULATED AND AGREED, BY AND BETWEEN THE UNDERSIGNED COUNSEL, THAT DEFENDANT SEPTA SHALL HAVE UNTIL 5:00 ON 8/25/04 TO FILE A RESPONSE TO PLAINTIFF'S MOTION TO DISMISS THE CITY OF PHILADELPHIA; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 8/23/04. 8/24/04 ENTERED AND COPIES MAILED.(jl, ) (jl, ). (Entered: 08/24/2004)

RECAP
52 Aug. 25, 2004

RESPONSE to Plaintiff's MOTION to Dismiss THE CITY OF PHILADELPHIA from this Lawsuit Pursuant to Rule 41(a)(2) filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Memorandum, Certificate of Service. (mar, ) Additional attachment(s) added on 8/27/2004 (mar, ). (Entered: 08/26/2004)

RECAP
53 Aug. 25, 2004

MEMORANDUM of Law in Reply to Response to Plaintiff's Answer to Defendant's MOTION to Strike Portions of Plaintiff's Third Amended Complaint filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Certificate of Service. (mar, ) Additional attachment(s) added on 8/27/2004 (mar, ). (Entered: 08/26/2004)

RECAP
54 Sept. 3, 2004

DISABLED IN ACTION OF PENNSYLVANIA RESPONSE TO SEPTA'S MEMORANDUM OF LAW IN REPLY TO PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT, CERTIFICATE OF SERVICE. (jl, ) Additional attachment(s) added on 9/3/2004 (jl, ). (Entered: 09/03/2004)

RECAP
55 Sept. 8, 2004

Memorandum of Law in Reply to Response to Motion re 43 MOTION to Dismiss filed by THE CITY OF PHILADELPHIA, Certificate of Service. (Attachments: # 1 Exhibit A# 2 Exhibit B) (ZECCA, MARK) Modified on 9/9/2004 (np). (Entered: 09/08/2004)

RECAP
56 Sept. 10, 2004

JOINT MOTION OF PLAINTIFF AND DEFENDANT SOUTHEASTERN PENNSYLVANIA TRANSPORATION AUTHORITY TO EXTEND DEADLINES, CERTIFICATE OF SERVICE.. (Attachments: # 1 CERTIFICATE OF SERVICE)(jl, ) (Entered: 09/13/2004)

RECAP
57 Sept. 14, 2004

ORDER THAT THE JOINT MOTION OF PLAINTIFF AND DEFENDANT SEPTA TO EXTEND DEADLINES IS GRANTED. DISCOVERY EXTENDED FOR 90 DAYS. A STATUS CONFERENCE TO BE ATTENDED BY ALL COUNSEL IS SCHEDULED FOR 9/24/04 AT 11:00; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 9/14/04. 9/14/04 ENTERED AND COPIES MAILED.(jl, ) Modified on 9/15/2004 (jl, ). (Entered: 09/14/2004)

RECAP
58 Sept. 15, 2004

DISABLED IN ACTION OF PENNSYLVANIA MOTION TO COMPEL DEFENDANT SEPTA'S RESPONSE TO DISCOVERY, MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) (Entered: 09/16/2004)

RECAP
59 Sept. 15, 2004

SUPPLEMENT by DISABLED IN ACTION OF PENNSYLVANIA TO JOINT MOTION TO EXTEND DISCOVERY DEADLINE, CERTIFICATE OF SERVICE.. (jl, ) (jl, ). (Entered: 09/16/2004)

RECAP
60 Sept. 30, 2004

ORDER THAT THE PARTIES SHALL, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26 (f), MEET SEPARATELY TO DISCUSS, PLAN AND RESOLVE DISPUTES RELATING TO DISCOVERY. UPON COMPLETION OF SUCH CONFERENCES, THE PARTIES SHALL SUBMIT TO THE COURT THEIR INDIVIDUAL LETTER REPORTS OUTLINING ANY REMAINING DISCOVERY DISPUTES. THE LETTER REPORTS SHALL BE SUBMITTED ON OR BEFORE 10/21/04; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 9/29/04. 9/30/04 ENTERED AND COPIES MAILED.(jl, ) (Entered: 09/30/2004)

RECAP
61 Oct. 19, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF ITS OPPOSITION TO THE PLAINTIFF'S MOTION TO DISMISS THE CITY OF PHILADELPHIA, CERTIFICATE OF SERVICE. (jl, ) (Entered: 10/19/2004)

RECAP
62 Oct. 21, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY ANSWER TO THE MOTION OF PLAINTIFF DISABLED IN ACTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION, CERTIFICATE OF SERVICE. (jl, ) (jl, ). (Entered: 10/21/2004)

RECAP
63 Oct. 26, 2004

MOTION to Strike 61 Supplemental Memorandum of Law Relating to the MOTION TO DISMISS THE CITY OF PHILADELPHIA, OR IN THE ALTERNATIVE, TO Allow the City of Philadelphia to Respond FILED BY THE CITY OF PHILADELPHIA, Memorandum, Certificate of Service. (Attachments: # 1 Memorandum# 2 Text of Proposed Order 1# 3 Text of Proposed Order 2# 4 Certificate of Service) (ZECCA, MARK) Modified on 10/27/2004 (np). (Entered: 10/26/2004)

RECAP
64 Oct. 27, 2004

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MOTION TO FILE ITS EMERGENCY SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF'S THIRD AMENDED COMPLAINT NUNC PRO TUNC, CERTIFICATE OF SERVICE. (SUPPLEMENTAL MEMORANDUM ATTACHED).. (Attachments: # 1 SUPPLEMENTAL MEMORANDUM ATTACHED)(jl, ) (Entered: 10/28/2004)

RECAP
65 Nov. 1, 2004

ORDER THAT THE MOTION OF SEPTA TO FILE ITS EMERGENCY SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT NUNC PRO TUNC IS DENIED, AND DISCOVERY SHALL NOT BE STAYED DURING THE PENDENCY OF THE SEPTA MOTION TO DISMISS, ETC. SIGNED BY JUDGE GENE E.K. PRATTER ON 10/29/04.11/01/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (ac, ) Additional attachment(s) added on 11/1/2004 (ac, ). (Entered: 11/01/2004)

RECAP
66 Nov. 1, 2004

ORDER THAT THE MOTION OF DEFENDANT SEPTA TO COMPEL DEFENDANT CITY OF PHILADELPHIA TO ANSWER INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS IS DENIED WITHOUT PREJUDICE. THE MOTION TO DEFENDANT CITY OF PHILADELPHIA TO LIMIT DISCOVERY PURSUANT TO A DISCOVERY PLAN IS DENIED WITHOUT PREJUDICE. THE MOTION OF DEFENDANT SEPTA TO COMPEL THE DEPOSITIONS OF CITY REPRESENTATIVES AND MOTION FOR CONTEMPT FOR THE CITY'S FAILURE TO RESPOND TO SUBPEONAS IS DENIED WITHOUT PREJUDICE AND THE MOTION OF SEPTA TO COMPEL THE CITY TO PROVIDE THE INITIAL DISCLOSURES REQUIRED TO F.R.C.P. 26 (a)(1) IS DENIED WITHOUT PREJUDICE; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 11/1/04. 11/2/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jl, ) (Entered: 11/02/2004)

RECAP
67 Nov. 16, 2004

ORDER THAT PLAINTIFF DISABLED IN ACTION IN PENNSYLVANIA'S MOTION TO COMPEL DEFENDANT SEPTA'S RESPONSES TO DISCOVERY IS GRANTED IN PART AND DENIED IN PART. THE PLAINTIFF'S REQUEST FOR AN AWARD OF ATTORNEY'S FEES AND EXPENSES INCURRED IN FILING THIS MOTION IS DENIED; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 11/16/04. 11/17/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jl, ) (Entered: 11/17/2004)

RECAP
68 Nov. 30, 2004

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO DISMISS THE CITY OF PHILADELPHIA WITHOUT PREJUDICE IS GRANTED. THE CITY OF PHILADELPHIA IS HEREBY DISMISSED FROM THIS ACTION WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT THE MOTION TO COMPEL THE DEFENDANT CITY OF PHILADELPHIA TO FILE AN ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT IS DENIED AS MOOT; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 11/30/04. 11/30/04 ENTERED AND COPIES MAILED.(jl, ) Modified on 11/30/2004 (jl, ). (Entered: 11/30/2004)

RECAP
69 Dec. 21, 2004

Certified Copy of Order from THE USCA THAT THE FOREGOING PETITION FOR WRIT OF MANDAMUS AND MOTION FOR STAY OF THE DISTRICT COURT'S 11/16/04 ORDER ARE DENIED; ETC. (jl, ) (jl, ). (Entered: 12/21/2004)

RECAP
70 Dec. 27, 2004

ORDER THAT SEPTA MOTION TO DISMISS AND MOTION TO STRIKE PORTIONS OF THE PLAINTIFF'S THIRD AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 12/23/04. 12/28/04 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jl, ) (Entered: 12/28/2004)

RECAP
71 Dec. 29, 2004

NOTICE of Hearing: STATUS CONFERENCE SET FOR 1/13/2005 03:30 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 12/29/2004)

RECAP
72 Dec. 30, 2004

MOTION AND MEMORANDUM OF LAW FOR A RULE 26(C) PROTECTIVE ORDER OR, IN THE ALTERNATIVE, MOTION FOR RECONSIDERATION OF THE COURT'S ORDER OF NOVEMBER 16, 2004 RELATING TO DIA'S DISCOVERY REQUESTS BY SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.CERTIFICATE OF SERVICE.(stb, ) (Entered: 01/03/2005)

RECAP
73 Jan. 12, 2005

DISABLED IN ACTION OF PENNSYLVANIA MEMORANDUM OF LAW IN OPPOSITION TO SEPTA MOTION AND MEMORANDUM OF LAW FOR A RULE 26 (c) PROTECTIVE ORDER OR IN THE ALTERNATIVE, MOTION FOR RECONSIDERATION OF THE COURT'S ORDER OF 11/16/04, CERTIFICATE OF SERVICE. (jl, ) (jl, ). (Entered: 01/12/2005)

RECAP
74 Jan. 14, 2005

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (FOURTH AMENDED COMPLAINT ATTACHED)..(jl, ) (Entered: 01/14/2005)

RECAP
75 Jan. 14, 2005

Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Status Conference held on 1/13/05. Court Reporter: M. Ciamaichelo. Counsel for Defendant and Plaintiff address the court on Motion for Protective Order;Motion granted in part and denied in part;the Court will issue and order (wgc, ) (Entered: 01/14/2005)

RECAP
76 Jan. 27, 2005

ORDER THAT THE MOTION FOR RECONSIDERATION OF THE 11/16/04 ORDER IS DENIED; THE MOTION FOR A RULE 26 (c) PROTECTIVE ORDER IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 1/25/05. 1/27/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jl, ) (Entered: 01/27/2005)

RECAP
77 Jan. 31, 2005

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY RESPONSE AND OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 memorandum# 2 order)(jl, ) (Entered: 02/01/2005)

RECAP
78 Feb. 2, 2005

NOTICE of Hearing on Motion 74 MOTION for Leave to File: MOTION HEARING SET FOR 2/11/2005 04:00 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 02/02/2005)

RECAP
79 Feb. 14, 2005

Minute Entry for proceedings held before Judge GENE E.K. PRATTER : 2/11/05 ORAL ARGUMENT ON MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT (jl, ) (Entered: 02/14/2005)

RECAP
80 Feb. 15, 2005

FOURTH AMENDED COMPLAINT against SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, CERTIFICATE OF SERVICE filed by DISABLED IN ACTION OF PENNSYLVANIA.(jl, ) Modified on 2/18/2005 (jl, ). (Entered: 02/16/2005)

RECAP
81 Feb. 16, 2005

MEMORANDUM AND ORDER THAT THE MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT OF DISABLED IN ACTION IS GRANTED. DISABLED IN ACTION IS DIRECTED TO FILE ITS FOURTH AMENDED COMPLAINT ON OR BEFORE 2/18/05; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 2/15/05.2/16/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (jl, ) (Entered: 02/16/2005)

RECAP
82 March 2, 2005

TRANSCRIPT of Proceedings held on 2/11/05 before Judge PRATTER. Court Reporter: MARK CIAMAICHELO. HEARING (jl, ) (Entered: 03/02/2005)

RECAP
83 March 7, 2005

ANSWER WITH AFFIRMATIVE DEFENSES to PLAINTIFF'S FOURTH Amended Complaint by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, CERTIFICATE OF SERVICE(jl, ) (Entered: 03/08/2005)

RECAP
84 March 8, 2005

NOTICE of Hearing: STATUS CONFERENCE SET FOR 3/30/2005 09:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (rab, ) (Entered: 03/08/2005)

RECAP
85 March 29, 2005

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR PARTIAL SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE, EXHIBITS.. (Attachments: # 1 MOTION# 2 MEMORANDUM)(jl, ) (Entered: 03/30/2005)

RECAP
86 March 30, 2005

DISABLED IN ACTION OF PENNSYLVANIA MOTION FOR PARTIAL SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE..(jl, ) (jl, ). (Entered: 03/30/2005)

RECAP
87 March 30, 2005

Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Status Conference held on 3/30/05. (jl, ) (Entered: 03/30/2005)

RECAP
88 March 31, 2005

STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT SEPTA TO FILE A RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT SHALL BE EXTENDED FROM 4/12/05 UNTIL 5/3/05; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 3/31/05. 4/1/05 ENTERED AND COPIES MAILED AND FAXED.(jl, ) (jl, ). (Entered: 04/01/2005)

RECAP
89 April 1, 2005

STIPULATION AND ORDER THAT THE TIME FOR DEFENDANT SEPTA TO FILE A RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT SHALL BE EXTENDED FROM 4/12/05 UNTIL 5/3/05; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 4/1/05. 4/1/05 ENTERED AND E-MAILED AND FAXED.(jl, ) (Entered: 04/01/2005)

RECAP
90 April 1, 2005

SCHEDULING ORDER THAT DISCOVERY WILL BE SERVED, NOTICED AND COMPLETED BY 11/15/05; ANY MOTIONS FOR SUMMARY JUDGMENT OR DAUBERT MOTIONS SHALL BE FILED AND SERVED ON OR BEFORE 3/15/06; PLAINTIFF'S PRETRIAL MEMORANDUM ARE DUE BY 4/4/06; DEFENDANT'S PRETRIAL MEMORANDUM ARE DUE BY 4/11/06; A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 4/19/06 AT 9:30 A.M.; THE CASE WILL BE PLACED ON THE COURT'S TRIAL POOL LIST ON 4/25/06; ETC.. SIGNED BY JUDGE GENE E.K. PRATTER ON 3/31/05. 4/1/05 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 04/01/2005)

RECAP
91 April 14, 2005

ORDER THAT COUNSEL FOR THE PARTIES SHALL ATTEND A CONFERENCE IN THE COURT'S CHAMBERS AT 2:00 P.M. ON WEDNESDAY, APRIL 20, 2005, ETC . SIGNED BY JUDGE GENE E.K. PRATTER ON 04/14/05. 04/14/05 ENTERED AND COPIES E-MAILED AND FAXED.(ac, ) (Entered: 04/14/2005)

RECAP
92 April 18, 2005

EMERGENCY MOTION FILED BY SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY TO VACATE THE 4/14/05 ORDER, CERTIFICATE OF SERVICE. (Attachments: # 1 Certificate of Service# 2 Proposed Order)(le, ) (Entered: 04/18/2005)

RECAP
93 April 18, 2005

ORDER THAT A CONFERENCE IS SET FOR 5/3/2005 04:30 PM BEFORE HONORABLE GENE E.K. PRATTER.. SIGNED BY JUDGE GENE E.K. PRATTER ON 4/18/05. 4/19/05 ENTERED AND COPIES MAILED, EMAILED AND FAXED.(wgc, ) Modified on 4/19/2005 (wgc, ). (Entered: 04/19/2005)

RECAP
94 April 19, 2005

ORDER THAT SEPTA'S MOTION TO VACATE THE 4/14/05 ORDER IS DENIED AS MOOT. . SIGNED BY JUDGE GENE E.K. PRATTER ON 4/18/05.4/19/05 ENTERED AND COPIES E-MAILED AND FAXED. (wgc, ) (Entered: 04/19/2005)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 3, 2003

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a non-profit organization that provides advocacy and services to people with disabilities.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Steve Gold

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Philadelphia

Regional

Southeastern Pennsylvania Transportation Authority

Defendant Type(s):

Transportation

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

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

Other Dockets:

Eastern District of Pennsylvania 2:03-cv-01577

U.S. Court of Appeals for the Third Circuit 09-03964

U.S. Court of Appeals for the Third Circuit 06-05109

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Recordkeeping

Reporting

Amount Defendant Pays: $495,889.37

Order Duration: 2011 - 2013

Issues

General/Misc.:

Access to public accommodations - governmental

Barrier Removal

Government services

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation