Civil Rights Litigation Clearinghouse

Case: Voices for Independence v. Meadville

1:04-cv-00328 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Nov. 10, 2004

Closed Date: 2017

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Case Summary

On November 10, 2004, Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, filed a lawsuit in the United States District Court for the Western District of Pennsylvania, against the City of Meadville, PA. The plaintiffs alleged that Meadville had used federal funds to repave roads and had failed to install mandatory curb cuts and to otherwise comply with the accessibility mandates of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et…

The Court granted approval of the parties' Consent Decree on May 17, 2005, wherein the City of Meadville committed to ensure, to the maximum extent feasible, that all roads resurfaced in 2005 would be accessible to individuals with disabilities. This included a commitment to ensure that all resurfaced intersections had curb cuts. They also agreed to require all bids and contracts for the work specify ADA compliance. The City of Meadville also agreed to issue an Annual Report of Compliance on or before January 31, 2006, the report would list each intersection resurfaced in 2005 and state where new curb cuts had been installed. The City agreed to retrofit roads that had been resurfaced in 2003 in order to bring them into compliance with the ADA.

A Second Consent Decree was entered on August 9, 2005. In the Second Consent Decree, the City of Meadville agreed that all resurfacing in 2006 and thereafter would comply with the ADA. The City agreed to prepare a list of all roads resurfaced since January 26, 2002 and provide the ADA compliance status of all relevant intersections and sidewalks. The parties also agreed to enter good faith negotiations to identify areas in need of retrofitting. In the Consent Decree, the plaintiffs acknowledged that certain highways in the City of Meadville had been resurfaced by the Pennsylvania Department of Transportation (PennDOT), and that the City would not be responsible for retrofitting these areas. The City of Meadville agreed to prepare a list of streets resurfaced by PennDOT and submit them to the Court within ninety days of the effective date of the decree.

The Second Consent Decree granted the plaintiffs $82,762 in attorneys' fee and costs. The Court retained jurisdiction to enforce the terms of the consent decrees.

In 2006, a related case was filed against PennDOT (see related cases). On March 11, 2009, the plaintiffs, the City of Meadville, and PennDOT entered another Consent Decree, wherein the City of Meadville and PennDOT divided responsibility for the resurfaced roads, sidewalks, and intersections in Meadville still in need retrofitting in order to be ADA-compliant. The City of Meadville agreed to retrofit the roads for which it was responsible by no later than December 31, 2013. The parties also agreed to pay the plaintiff’s attorneys’ fees.

After several years of providing status reports to the Court and fulfilling all of its obligations under the various Consent Decrees, the Court granted a joint motion to dismiss all claims against the City of Meadville on August 8, 2017. There has been no action on the docket since this date.

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Summary Authors

Alex Colbert-Taylor (6/11/2013)

Cade Boland (11/3/2017)

Voices for Independence v. Pennsylvania Department of Transportation, Western District of Pennsylvania (2006)

People

Judge(s)

McLaughlin, Sean J. (Pennsylvania)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Markham, Craig A. (Pennsylvania)

Attorneys(s) for Defendant

Adsit, Diane Putney (Pennsylvania)

Alizzeo, Gary M. (Pennsylvania)

Hotchkiss, David L. (Pennsylvania)

Schetroma, Russell I (Pennsylvania)

Yoset, Thomas L. (Pennsylvania)

Judge(s)

McLaughlin, Sean J. (Pennsylvania)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Markham, Craig A. (Pennsylvania)

Attorneys(s) for Defendant

Adsit, Diane Putney (Pennsylvania)

Alizzeo, Gary M. (Pennsylvania)

Hotchkiss, David L. (Pennsylvania)

Schetroma, Russell I (Pennsylvania)

Yoset, Thomas L. (Pennsylvania)

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Documents in the Clearinghouse

	Document
	Docket Voices for Independence v. City of Meadville	Aug. 8, 2017	Docket
30	All Parties' Joint Motion for Entry of Consent Decree [With First Consent Decree Attached] Voices for Independence v. City of Meadville	May 12, 2005	Settlement Agreement
35	Second Consent Decree Voices for Independence v. City of Meadville	Aug. 24, 2005	Settlement Agreement
38	Order [Closing Case Administratively] Voices for Independence v. City of Meadville	Oct. 28, 2005	Order/Opinion
42	Consent Decree Voices for Independence v. City of Meadville, Pennsylvania	March 11, 2009	Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date
1	COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 05−53 (sdp) (Entered: 11/12/2004)	Nov. 10, 2004
2	DISCLOSURE statement by VOICES FOR INDEPENDE, PAUL PECUNAS (sdp) (Entered: 11/12/2004)	Nov. 10, 2004
3	ANSWER to Complaint by CITY OF MEADVILLE, P (Attorney David L. Hotchkiss) (sdp) (Entered: 12/15/2004)	Dec. 15, 2004
4	ORDER, that the parties are to conduct their Rule 26 meeting by 12−27−04; Report of the Rule 26 hearing shall be filed by 1−25−05; set Case Management Conference for 10:30 2/1/05 signed by Judge Sean J. McLaughlin on 12/16/04 ) CM all parties of record. (sdp) (Entered: 12/16/2004)	Dec. 16, 2004
8	REPORT OF RULE 26(F) conference of counsel. (sdp) (Entered: 03/07/2005)	Jan. 27, 2005
5	Case Management Conference held before Judge Sean J. McLaughlin [ Reporter: Ron Bench ]. Order entered. (sdp) (Entered: 02/16/2005)	Feb. 15, 2005
6	CASE MANAGEMENT ORDER setting Discovery cutoff on 8/15/05 ; Motion Filing deadline due 9/5/05 ; Response to motions due 9/26/05 ; Track II designation. ( signed by Judge Sean J. McLaughlin on 2/15/05 ) CM all parties of record. (sdp) (Entered: 02/16/2005)	Feb. 15, 2005
	CASE DESIGNATED to Track 2. (sdp) (Entered: 02/16/2005)	Feb. 15, 2005
7	AMENDMENT by CITY OF MEADVILLE, P to [3−1] answer by CITY OF MEADVILLE, P (sdp) (Entered: 02/23/2005)	Feb. 23, 2005
9	MOTION with Brief in Support by VOICES FOR INDEPENDE, PAUL PECUNAS to Certify Class (sdp) (Entered: 03/11/2005)	March 11, 2005
10	MOTION with Brief in Support by VOICES FOR INDEPENDE, PAUL PECUNAS for Preliminary Injunction (sdp) (Entered: 03/11/2005)	March 11, 2005
11	Status Conference held before Judge Sean J. McLaughlin [ Reporter: Ron Bench ]. Def to answer pltf's mtn for class certification and mtn for preliminary injunction within 20 days. Parties to confer with respect to entering a possible consent decree. (sdp) (Entered: 03/17/2005)	March 16, 2005
12	RESPONSE and Memorandum in Opposition by CITY OF MEADVILLE, P to [9−1] motion to Certify Class by PAUL PECUNAS, VOICES FOR INDEPENDE (sdp) (Entered: 04/06/2005)	April 5, 2005
13	RESPONSE and Memorandum in Opposition by CITY OF MEADVILLE, P to [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (sdp) (Entered: 04/06/2005)	April 5, 2005
14	Status Conference held 4/15/05 2:15 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Pltf will submit reply brief by 4/22/05. Hearing set for 5/3/05 at 9:00 a.m. relative to pending motion for class certification and Motion for Preliminary Injunction. Prior Friday to 5/3/05 hearing the parties will submit proposed findings of fact and conclusions of law. (mad) (Entered: 04/19/2005)	April 18, 2005
15	REPly in SUPPORT by VOICES FOR INDEPENDE, PAUL PECUNAS to [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)	April 22, 2005
16	REPLY BRIEF by VOICES FOR INDEPENDE, PAUL PECUNAS for [9−1] motion to Certify Class by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)	April 22, 2005
17	DECLARATION by PAUL PECUNAS Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)	April 22, 2005
18	DECLARATION of Class Member and VFI Employee, SHONA EAKIN in support of Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)	April 22, 2005
19	DECLARATION of CLASS MEMBER SANDRA FULLER Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (mad) (Entered: 04/25/2005)	April 22, 2005
20	Proposed Findings of Fact and Conclusions of Law by CITY OF MEADVILLE, P (mad) (Entered: 04/29/2005)	April 29, 2005
21	Status Conference held 4/29/05 @ 9:30 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] (mad) (Entered: 04/29/2005)	April 29, 2005
22	Proposed Findings of Fact and Conclusions of Law by VOICES FOR INDEPENDE, PAUL PECUNAS (nk) (Entered: 04/29/2005)	April 29, 2005
23	DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Sandra Fuller Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)	April 29, 2005
24	DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Shona Eakin Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)	April 29, 2005
25	DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Alan Dunfee Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)	April 29, 2005
26	DECLARATION by PAUL PECUNAS Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)	April 29, 2005
27	DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Jay Shuffstall Re: [10−1] motion for Preliminary Injunction by PAUL PECUNAS, VOICES FOR INDEPENDE (nk) (Entered: 04/29/2005)	April 29, 2005
28	DECLARATION by VOICES FOR INDEPENDE, PAUL PECUNAS of Megan Buffington Re: Inspection of Resurfacing Projects completed in 2003 and 2004 in the City of Meadville (nk) (Entered: 04/29/2005)	April 29, 2005
	Jury Trial continued to 5/12/05 before Judge Sean J. McLaughlin (mad) (Entered: 05/18/2005)	May 11, 2005
30	JOINT MOTION by VOICES FOR INDEPENDE, PAUL PECUNAS, CITY OF MEADVILLE, P for entry of consent decree with Proposed Order. (mad) (Entered: 05/12/2005)	May 12, 2005
	ORDER upon motion granting [30−1] joint motion for entry of consent decree ( signed by Judge Sean J. McLaughlin on 5/16/05 ) CM all parties of record. (mad) CONSENT DECREE ATTACHED. Modified on 9/1/2005 (sdp). (Entered: 05/18/2005)	May 17, 2005
31	Joint MOTION for Extension of Time to Complete Discovery by CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 Proposed Order on Joint Motion to Extend Time)(Yoset, Thomas) (Entered: 08/08/2005)	Aug. 8, 2005
32	ORDER granting 31 Motion for Extension of Time to Complete Discovery: Discovery to be completed by 9/14/2005; Summary Judgment motions and supporting briefs due by 10/4/2005; Responses and/or briefs in opposition to summary judgment due by 10/25/2005. Signed by Judge Sean J. McLaughlin on 8/12/05. (kas) (Entered: 08/12/2005)	Aug. 12, 2005
33	CONSENT DECREE by VOICES FOR INDEPENDENCE, PAUL PECUNAS, CITY OF MEADVILLE, PENNSYLVANIA. (Markham, Craig) (Entered: 08/31/2005)	Aug. 31, 2005
	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 33 Consent Decree ERROR: did not file motion with proposed consent decree as an attachment CORRECTION: to file a motion for approval of consent decree with the proposed consent decree as an attachment for the judge to sign. This message is for informational purposes only. (sdp) (Entered: 09/01/2005)	Sept. 1, 2005
34	Second MOTION entry of consent decree filed by VOICES FOR INDEPENDENCE, PAUL PECUNAS, CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 Proposed Order consent decree)(Markham, Craig) (Entered: 09/01/2005)	Sept. 1, 2005
35	ORDER granting 34 Motion for entry of second consent decree. Signed by Judge Sean J. McLaughlin on 9/2/2005. (rlh) (Entered: 09/02/2005)	Sept. 2, 2005
36	MOTION to Extend Time for Case Management Order by CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 Scheduling Motion Certificate# 2 Proposed Order Extending the Case Management Order# 3 Certificate of Service)(Yoset, Thomas) Modified on 10/5/2005 (sdp). (Entered: 10/04/2005)	Oct. 4, 2005
37	ORDER granting 36 Motion to Extend Time. Signed by Judge Sean J. McLaughlin on 10/7/05. (nk) (Entered: 10/07/2005)	Oct. 7, 2005
	TEXT ORDER Telephonic Status Conference set for 10/28/2005 at 11:00 AM before Sean J. McLaughlin. Attorney Hotchkiss is to initiate the call by calling the conference line at (814)464−9615. This is a text only entry no PDF document attached; This is an official Court document. Signed by Judge Sean J. McLaughlin on 10/25/05. (nk) (Entered: 10/25/2005)	Oct. 25, 2005
	Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 10/28/2005. Clerk is directed to mark this case closed. This is a text only entry; no PDF document attached; this is an official court document. (Court Reporter Ron Bench.) (nk) (Entered: 10/28/2005)	Oct. 28, 2005
38	ORDER DISMISSING CASE. Signed by Judge Sean J. McLaughlin on 10/28/05. (nk) (Entered: 10/28/2005)	Oct. 28, 2005
39	STATUS REPORT of Completed Projects by CITY OF MEADVILLE, PENNSYLVANIA. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 Certificate of Service)(Yoset, Thomas) (Entered: 11/22/2005)	Nov. 22, 2005
	CLERK'S OFFICE QUALITY CONTROL MESSAGE. re 40 Amended Document. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (sdp) (Entered: 08/18/2006)	Aug. 18, 2006
41	Errata re 40 Amended Document by CITY OF MEADVILLE, PENNSYLVANIA Reason for Correction: Wrong attorney filed − filer did not match signer. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Certificate of Service)(Hotchkiss, David) Modified on 8/28/2006 (sdp). (Entered: 08/25/2006)	Aug. 25, 2006
42	PROPOSED CONSENT DECREE by VOICES FOR INDEPENDENCE, PAUL PECUNAS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order) (Markham, Craig) (Entered: 03/11/2009)	March 11, 2009
43	Joint MOTION to Dismiss All Claims Against City of Meadville by CITY OF MEADVILLE, PENNSYLVANIA. (Alizzeo, Gary) (Main Document 43 replaced on 11/25/2016) (nk) (Additional attachment(s) added on 11/25/2016: # 1 Proposed Order) (nk) (Entered: 11/23/2016)	Nov. 23, 2016
	Case Reassigned to Judge Barbara Rothstein. Chief Judge Sean J. McLaughlin no longer assigned to the case. (nk) (Entered: 11/23/2016)	Nov. 23, 2016
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 43 Motion to Dismiss. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (nk) (Entered: 11/25/2016)	Nov. 25, 2016
44	ORDER granting 43 Joint MOTION to Dismiss All Claims Against City of Meadville by CITY OF MEADVILLE, PENNSYLVANIA. Signed by Judge Barbara Rothstein on 8/7/2017. (nk) (Entered: 08/08/2017)	Aug. 8, 2017

State / Territory: Pennsylvania

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Nov. 10, 2004

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, alleging the City of Meadville, PA failed to provide adequate curb cuts as required by the ADA.

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 Meadville, PA (Meadville), City

Defendant Type(s):

Transportation

Jurisdiction-wide

Case Details