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 attrorneys, 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)

Giles, James Tyrone (Pennsylvania)

Green, Clifford Scott (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Jordan, Kent A. (Delaware)

Pratter, Gene E.K. (Pennsylvania)

Rice, Timothy R. (Pennsylvania)

Scirica, Anthony Joseph (Pennsylvania)

Stapleton, Walter King (Delaware)

Judge(s)

Fisher, D. Michael (Pennsylvania)

Fuentes, Theresa J (California)

Giles, James Tyrone (Pennsylvania)

Green, Clifford Scott (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Jordan, Kent A. (Delaware)

Pratter, Gene E.K. (Pennsylvania)

Rice, Timothy R. (Pennsylvania)

Scirica, Anthony Joseph (Pennsylvania)

Stapleton, Walter King (Delaware)

Attorneys(s) for Plaintiff

Gold, Stephen F. (Pennsylvania)

Iacullo, Rocco (Pennsylvania)

Murphy, Mark J. (Pennsylvania)

Resnick, Robin (Pennsylvania)

Attorneys(s) for Defendant

Bennett, Jo (Pennsylvania)

Desipio, Adam A (Pennsylvania)

Klyashtorny, Natalie (Pennsylvania)

Krenzel, Saul H (Pennsylvania)

Scidurlo, Lisa Marie (Pennsylvania)

Tierce, Michael G (Pennsylvania)

Woehrle, Lawrence R (Pennsylvania)

Zecca, Mark R (Pennsylvania)

Other Attorney(s)

Friel, Gregory (District of Columbia)

Kim, Wan J. (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Documents in the Clearinghouse

Document

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

224 F.R.D. 601

Nov. 30, 2004

Nov. 30, 2004

Order/Opinion
70

2:03-cv-01577

ORDER

Dec. 27, 2004

Dec. 27, 2004

Order/Opinion

Resources

Docket

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

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

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)

March 14, 2003

March 14, 2003

Summons Issued, mailed 3/14/03 as to SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. (ss, ) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

2

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)

March 25, 2003

March 25, 2003

3

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

March 25, 2003

March 25, 2003

4

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)

April 24, 2003

April 24, 2003

5

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)

May 15, 2003

May 15, 2003

***Civil Case Terminated. (kv, ) (Entered: 05/28/2003)

May 15, 2003

May 15, 2003

6

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)

May 16, 2003

May 16, 2003

7

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)

June 4, 2003

June 4, 2003

8

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)

June 12, 2003

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, ) (Entered: 06/12/2003)

June 12, 2003

June 12, 2003

9

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)

June 18, 2003

June 18, 2003

10

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

Aug. 1, 2003

Aug. 1, 2003

Issue Joined. (cdd, ) (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

11

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)

Sept. 30, 2003

Sept. 30, 2003

12

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)

Oct. 10, 2003

Oct. 10, 2003

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

Oct. 10, 2003

Oct. 10, 2003

13

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)

Oct. 10, 2003

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, ) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

14

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

Oct. 20, 2003

Oct. 20, 2003

15

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)

Oct. 31, 2003

Oct. 31, 2003

16

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)

Oct. 31, 2003

Oct. 31, 2003

17

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

Nov. 18, 2003

Nov. 18, 2003

18

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)

Nov. 26, 2003

Nov. 26, 2003

19

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)

Dec. 15, 2003

Dec. 15, 2003

20

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)

Jan. 5, 2004

Jan. 5, 2004

21

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)

Jan. 5, 2004

Jan. 5, 2004

22

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)

Jan. 7, 2004

Jan. 7, 2004

23

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

Jan. 7, 2004

Jan. 7, 2004

25

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)

Jan. 27, 2004

Jan. 27, 2004

26

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)

Jan. 27, 2004

Jan. 27, 2004

27

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)

Feb. 6, 2004

Feb. 6, 2004

28

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)

Feb. 18, 2004

Feb. 18, 2004

29

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)

June 14, 2004

June 14, 2004

30

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)

June 16, 2004

June 16, 2004

31

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

June 25, 2004

June 25, 2004

32

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)

July 1, 2004

July 1, 2004

33

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

July 12, 2004

July 12, 2004

34

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)

July 15, 2004

July 15, 2004

35

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)

July 19, 2004

July 19, 2004

37

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)

July 26, 2004

July 26, 2004

38

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)

July 26, 2004

July 26, 2004

39

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)

July 28, 2004

July 28, 2004

40

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)

July 29, 2004

July 29, 2004

41

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)

Aug. 2, 2004

Aug. 2, 2004

42

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)

Aug. 2, 2004

Aug. 2, 2004

43

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)

Aug. 5, 2004

Aug. 5, 2004

44

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)

Aug. 6, 2004

Aug. 6, 2004

45

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

Aug. 6, 2004

Aug. 6, 2004

46

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

Aug. 10, 2004

Aug. 10, 2004

47

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)

Aug. 11, 2004

Aug. 11, 2004

48

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)

Aug. 16, 2004

Aug. 16, 2004

50

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)

Aug. 19, 2004

Aug. 19, 2004

51

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)

Aug. 24, 2004

Aug. 24, 2004

52

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)

Aug. 25, 2004

Aug. 25, 2004

53

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)

Aug. 25, 2004

Aug. 25, 2004

54

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)

Sept. 3, 2004

Sept. 3, 2004

55

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)

Sept. 8, 2004

Sept. 8, 2004

56

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)

Sept. 10, 2004

Sept. 10, 2004

57

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)

Sept. 14, 2004

Sept. 14, 2004

58

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

Sept. 15, 2004

Sept. 15, 2004

59

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

Sept. 15, 2004

Sept. 15, 2004

60

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)

Sept. 30, 2004

Sept. 30, 2004

61

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)

Oct. 19, 2004

Oct. 19, 2004

62

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)

Oct. 21, 2004

Oct. 21, 2004

63

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)

Oct. 26, 2004

Oct. 26, 2004

64

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)

Oct. 27, 2004

Oct. 27, 2004

65

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)

Nov. 1, 2004

Nov. 1, 2004

66

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)

Nov. 1, 2004

Nov. 1, 2004

67

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)

Nov. 16, 2004

Nov. 16, 2004

68

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)

Nov. 30, 2004

Nov. 30, 2004

69

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)

Dec. 21, 2004

Dec. 21, 2004

70

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)

Dec. 27, 2004

Dec. 27, 2004

71

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)

Dec. 29, 2004

Dec. 29, 2004

72

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)

Dec. 30, 2004

Dec. 30, 2004

73

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)

Jan. 12, 2005

Jan. 12, 2005

74

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)

Jan. 14, 2005

Jan. 14, 2005

75

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)

Jan. 14, 2005

Jan. 14, 2005

76

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)

Jan. 27, 2005

Jan. 27, 2005

77

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)

Jan. 31, 2005

Jan. 31, 2005

78

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)

Feb. 2, 2005

Feb. 2, 2005

79

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)

Feb. 14, 2005

Feb. 14, 2005

80

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)

Feb. 15, 2005

Feb. 15, 2005

82

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

March 2, 2005

March 2, 2005

83

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

March 7, 2005

March 7, 2005

84

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)

March 8, 2005

March 8, 2005

85

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)

March 29, 2005

March 29, 2005

86

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

March 30, 2005

March 30, 2005

87

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

March 30, 2005

March 30, 2005

88

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)

March 31, 2005

March 31, 2005

89

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)

April 1, 2005

April 1, 2005

90

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)

April 1, 2005

April 1, 2005

91

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)

April 14, 2005

April 14, 2005

92

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)

April 18, 2005

April 18, 2005

93

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)

April 18, 2005

April 18, 2005

94

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)

April 19, 2005

April 19, 2005

95

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY MOTION TO DISQUALIFY STEPHEN GOLD AS COUNSEL FOR PLAINTIFF DISABLED IN ACTION FILED PURSUANT TO FED.RUL.CIV.P.7 (b)(1) AND LOCAL RULE 7.1, MEMORANDUM, CERTIFICATE OF SERVICE, EXHIBITS..(jl, ) Additional attachment(s) added on 5/5/2005 (jl, ). (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

96

RESPONSE to Motion re 85 MOTION for Partial Summary Judgment and Memorandum of Law filed by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Certificate of Service. (DESIPIO, ADAM) Modified on 5/5/2005 (np). (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

97

Minute Entry for proceedings held before Judge GENE E.K. PRATTER : Status Conference held on 5/3/05. (jl, ) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

98

EXHIBITS by SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY. TO THEIR RESPONSE TO PLAINTIFF'S RECITATION OF FACTS AND MOTION FOR PARTIAL SUMMARY JUDGMENT AND MEMORANDUM OF LAW. (jl, ) (Entered: 05/04/2005)

May 4, 2005

May 4, 2005

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

Southeastern Pennsylvania Transportation Authority (Philadelphia, Philadelphia), Regional

City of Philadelphia (Philadelphia, Philadelphia), City

Defendant Type(s):

Transportation

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $495,889.37

Order Duration: 2011 - 2013

Content of Injunction:

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Government Services

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run