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

Clearinghouse coding complete

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…

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 seq. Class certification was sought but the parties entered a court-approved Consent Decree before a decision on class certification was issued.

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.

Summary Authors

Alex Colbert-Taylor (6/11/2013)

Cade Boland (11/3/2017)

Related Cases

Barrier Busters v. City of Erie, Western District of Pennsylvania (2002)

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)

Documents in the Clearinghouse

Document

1:04-cv-00328

Docket

Voices for Independence v. City of Meadville

Aug. 8, 2017

Aug. 8, 2017

Docket
30

1:04-cv-00328

All Parties' Joint Motion for Entry of Consent Decree [With First Consent Decree Attached]

Voices for Independence v. City of Meadville

May 12, 2005

May 12, 2005

Settlement Agreement
35

1:04-cv-00328

Second Consent Decree

Voices for Independence v. City of Meadville

Aug. 24, 2005

Aug. 24, 2005

Settlement Agreement
38

1:04-cv-00328

Order [Closing Case Administratively]

Voices for Independence v. City of Meadville

Oct. 28, 2005

Oct. 28, 2005

Order/Opinion
42

1:04-cv-00328

Consent Decree

Voices for Independence v. City of Meadville, Pennsylvania

March 11, 2009

March 11, 2009

Order/Opinion

Resources

Docket

Last updated May 30, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 05−53 (sdp) (Entered: 11/12/2004)

Nov. 10, 2004

Nov. 10, 2004

2

DISCLOSURE statement by VOICES FOR INDEPENDE, PAUL PECUNAS (sdp) (Entered: 11/12/2004)

Nov. 10, 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

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

Dec. 16, 2004

8

REPORT OF RULE 26(F) conference of counsel. (sdp) (Entered: 03/07/2005)

Jan. 27, 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

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

Feb. 15, 2005

CASE DESIGNATED to Track 2. (sdp) (Entered: 02/16/2005)

Feb. 15, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

April 29, 2005

Jury Trial continued to 5/12/05 before Judge Sean J. McLaughlin (mad) (Entered: 05/18/2005)

May 11, 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Aug. 8, 2017

Case Details

State / Territory: Pennsylvania

Case Type(s):

Disability Rights

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

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - 2013

Content of Injunction:

Reporting

Recordkeeping

Reasonable Accommodation

Preliminary relief granted

Monitoring

Implement complaint/dispute resolution process

Goals (e.g., for hiring, admissions)

Discrimination Prohibition

Issues

General:

Access to public accommodations - governmental

Disparate Impact

Reasonable Accommodations

Reasonable Modifications

Sidewalks

Transportation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment

Type of Facility:

Government-run