Case: Pecunas v. Pennsylvania Department of Transportation

1:11-cv-00016 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Jan. 20, 2011

Case Ongoing

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Case Summary

On January 20, 2011, 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 Pennsylvania Department of Transportation (PennDOT), and Millcreek Township. The Plaintiffs alleged that the pedestrian walkways, sidewalks, and intersections in Millcreek Township were not in compliance with the accessibility mandates of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq. and Section 504 of the Rehabilitation Act, 29 U.S.C. § 701. They alleged that the walkways and intersections were dangerous and that people using wheelchairs were forced to travel in the streets because of the absence of curb cuts. They further alleged that PennDOT and Millcreek had altered the sidewalks, walkways, and intersections, using federal and state funds, in ways that triggered mandatory compliance with ADA guidelines. The number of proposed class members was large; at the time the complaint was filed, Millcreek Township was home to approximately 2000 residents categorized by the US Census Bureau as "Go Outside of Home-Disabled Residents, Noninstitutionalized," and 1000 residents in the category "Sensory-Disabled Residents, Noninstitutionalized." The Plaintiffs alleged that members of the proposed class were segregated from full participation in Millcreek because of the lack of accessible sidewalks. The plaintiffs sought injunctive and declaratory relief, and attorneys' fees.

On October 12, 2011, the court approved a Consent Decree and Partial Settlement between the Plaintiffs and Millcreek Township. PennDOT was not a party to this agreement. Millcreek agreed to ensure all future alterations to or construction of roads made by the Township would have ADA-compliant curb cuts at the intersections. Millcreek agreed to report all road work to the plaintiffs. The agreement contained provisions allowing exceptions where curb cuts were technically unfeasible. Millcreek also agreed to make a report of all newly constructed or altered roads dating back to January 1992 (when the ADA came into effect). The Plaintiffs and Millcreek agreed that they would meet and confer, when this list was completed, to determine a timetable for the retrofitting of these areas where necessary. The agreement acknowledged that Millcreek was not responsible for ensuring the compliance of state roads and highways running through the town. Millcreek agreed to pay $27,2479.97 in attorneys' fees and costs to the Plaintiffs. The court retained jurisdiction to enforce the terms of the Consent Decree.

Between 2014 and 2016, the parties continued to negotiate for a total of four Consent Decrees and Partial Settlement orders between Plaintiffs and Millcreek Township. Additionally, the court approved three Partial Settlements between Plaintiffs and PennDOT. On November 23, 2016, the court approved a Joint Partial Settlement Agreement among all parties. The Joint Partial Settlement Agreement resolved both of Plaintiff's claims (the Bus Stop claim and the Road Shoulder claim) and required Plaintiffs to make updates to existing infrastructure to comply with ADA requirements. Additionally, the parties agreed that any sidewalk construction within Millcreek Township would comply with ADA guidelines.

On November 30, 2017, the parties proposed a fifth Consent Decree and Partial Settlement, which Judge Hornak approved on December 1, 2017. Under the fifth Consent Decree, the requirements of the four prior consent decrees remain in effect, with the additional incorporation of the Millcreek Transition Plan. The Transition Plan, consistent with the April 2017 preliminary agreement of the parties, identifies the "remaining physical obstacles that limit accessibility of the facilities or park where Millcreek offers a program, service, or activity." It outlines and provides a timeline for the planned improvements and corrections to ensure that Millcreek's programs, services, and activities will be readily accessible to and useable by individuals with disabilities.

Following administrative closure, the court continued to monitor compliance through regular joint status reports. Over the next several years, Millcreek and PennDOT submitted annual reports detailing curb-ramp construction, roadwork, and ADA compliance progress. Judge Hornak issued multiple short orders between 2019 and 2022 acknowledging these reports and directing continued updates every few months.

On November 7, 2022, following years of reporting and partial settlements, the court held a final hearing and approved a Final Settlement Agreement Among All Parties. The agreement incorporated the prior consent decrees and confirmed that both Millcreek Township and PennDOT would continue to implement ADA-compliant practices for road and sidewalk projects. Judge Hornak retained jurisdiction to enforce all terms of the final settlement.

The parties continued to file annual reports documenting implementation of accessibility improvements. PennDOT filed its 2022 status report on April 3, 2023, and Millcreek filed its 2022 report on May 2, 2023. In an order dated April 5, 2023, the court accepted PennDOT’s report and stated that it would take no further action absent a party’s request.

From 2024 through 2025, the docket reflected routine compliance updates, orders regarding attorney substitutions and withdrawals, and the filing of annual progress reports.

As of October 2025, the case remained administratively closed but active for enforcement purposes, with the court retaining jurisdiction to oversee the parties’ continuing obligations under the five consent decrees and the 2022 Final Settlement Agreement.

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Summary Authors

Alex Colbert-Taylor (6/13/2013)

Elena Malik (11/5/2017)

Sarah McDonald (3/25/2018)

Kerry Holihan (10/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8439485/parties/eakin-v-commonwealth-of-pennsylvania-department-of-transportation/

Judge(s)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Finnegan, J. Mark (Pennsylvania)

Attorney for Defendant

Bradley, Scott A. (Pennsylvania)

Caparosa, Lydia H. (Pennsylvania)

Colalella, Jorden P. (Pennsylvania)

Judge(s)

Hornak, Mark Raymond (Pennsylvania)

McLaughlin, Sean J. (Pennsylvania)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Finnegan, J. Mark (Pennsylvania)

Heberle, Denise M. (Michigan)

Markham, Craig A. (Pennsylvania)

Zonna, Craig Anthony (Pennsylvania)

Attorney for Defendant

Bradley, Scott A. (Pennsylvania)

Caparosa, Lydia H. (Pennsylvania)

Colalella, Jorden P. (Pennsylvania)

Pavkov, Mark T. (Pennsylvania)

Shaw, Mark J. (Pennsylvania)

Watts, Marissa Savastana (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-00016 1:06-cv-00078	Docket [PACER] Pecunas v. Pennsylvania Department of Transportation and Millcreek Township	March 30, 2018	March 30, 2018 Docket
81 1:11-cv-00016	Class Action Complaint for Civil and Declaratory Relief Pecunas v. Pennsylvania Department of Transportation and Millcreek Township	Jan. 20, 2011	Jan. 20, 2011 Complaint
16 1:11-cv-00016	Motion to Approve Consent Decree and Partial Settlement Among Defendant Millcreek Township, PA and Plaintiffs [Consent Decree and Partial Settlement Attached] Pecunas v. Pennsylvania Department of Transportation and Millcreek Township	Oct. 4, 2011	Oct. 4, 2011 Pleading / Motion / Brief
17 1:11-cv-00016	Order [Granting Motion to Approve Consent Decree] Pecunas v. Pennsylvania Department of Transportation and Millcreek Township	Oct. 12, 2011	Oct. 12, 2011 Order/Opinion
162 1:11-cv-00016	Joint Motion to Approve Joint Partial Settlement Among All Parties	Nov. 21, 2016	Nov. 21, 2016 Pleading / Motion / Brief
181-1 1:11-cv-00016	Fifth Consent Decree and Partial Settlement Among Defendant Millcreek Township and Plaintiffs Pecunas v. Commonwealth of Pennsylvania Department of Transportation U.S. District Court for the Eastern District of Pennsylvania	Nov. 30, 2017	Nov. 30, 2017 Settlement Agreement
182 1:11-cv-00016	Order Pecunas v. Commonwealth of Pennsylvania Department of Transportation U.S. District Court for the Eastern District of Pennsylvania	Dec. 1, 2017	Dec. 1, 2017 Order/Opinion
257 1:11-cv-00016	Order	Nov. 8, 2022	Nov. 8, 2022 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8439485/eakin-v-commonwealth-of-pennsylvania-department-of-transportation/

Last updated Oct. 14, 2025, 4:02 a.m.

ECF Number	Description	Date	Link Date / Link
114	STATUS REPORT OF THE PARTIES, filed by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 01/12/2015)	Jan. 12, 2015	Jan. 12, 2015
115	Minute Entry for proceedings held before Judge Mark R. Hornak: AT&T Telephone Status Conference held on 1/20/15. (Court Reporter: Shirley Hall) (jad) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015
116	SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 2/26/15 at 3:00 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 1/20/15. (bdb) (Entered: 01/20/2015)	Jan. 20, 2015	Jan. 20, 2015
	ORDER. The Court hereby orders the following: Mr. Bradley shall, on or before 1/30/2015, respond to the settlement offer; Plaintiffs shall give Mill Creek a settlement proposal on or before 1/23/2015; a Telephone Status Conference is scheduled 2/26/2015 at 3:00 p.m.; and, finally, not later than 10 days before the conference, counsel shall confer regarding (1) all open conflicts and possible resolutions, (2) potential ADR procedures; and (3) the order and timing of pretrial scheduling orders. Signed by Judge Mark R. Hornak on 1/20/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)	Jan. 20, 2015	Jan. 20, 2015
117	STATUS REPORT Millcreek Township 2014 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement, Section XII of the January 15, 2014 Consent Decree and Partial Settlement and Section XX.3 of the September 2, 2014 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A - 2014 Paving List, # 2 Exhibit B - 2014 Paved, No Top and Accepted Roads, # 3 Exhibit C - 2014 Reclaim List, # 4 Exhibit D - 2014 Slurry Seal List, # 5 Exhibit E - 2014 Hot Patch List, # 6 Exhibit F-1 - Resolution 2014-R-28, # 7 Exhibit F-2 - Resolution 2014-R-34, # 8 Exhibit F-3 - Resolution 2014-R-35, # 9 Exhibit G - 2014 Ramps Installed by Millcreek Township, # 10 Exhibit G-1-60 - Curb Ramp Compliance Forms, # 11 Exhibit H - 2014 Ramps on Accepted Streets and-or Added by Others, # 12 Exhibit H-1-32 - Certificates of Approval, # 13 Exhibit I - Cumulative Ramps Completed Through 2014, # 14 Exhibit J - 2014 Street Crossings, # 15 Exhibit J-1-23 - Crosswalk data forms, # 16 Affidavit Certification of John Orr, # 17 Affidavit Certification of Charles Pierce, # 18 Affidavit Certification of Matthew Waldinger, # 19 Affidavit Certification of Gary Walters) (Shaw, Mark) (Entered: 01/30/2015)	Jan. 30, 2015	Jan. 30, 2015
118	SETTLEMENT AGREEMENT and Fourth Consent Decree by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit A) (Markham, Craig) (Entered: 02/04/2015)	Feb. 4, 2015	Feb. 4, 2015
119	Joint MOTION for Settlement Approval Between Millcreek Township, Pa. and Plaintiffs by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 02/04/2015)	Feb. 4, 2015	Feb. 4, 2015
120	ORDER APPROVING 118 Settlement Agreement and Fourth Consent Decree. Signed by Judge Mark R. Hornak on 2/4/15. (bdb) (Entered: 02/04/2015)	Feb. 4, 2015	Feb. 4, 2015
121	ORDER GRANTING 119 Joint Motion for Settlement Approval Between Millcreek Township, Pa. and Plaintiffs. 118 Fourth Consent Decree and Partial Settlement Agreement is hereby APPROVED and ACCEPTED by the Court. Signed by Judge Mark R. Hornak on 2/4/15. (bdb) (Entered: 02/04/2015)	Feb. 4, 2015	Feb. 4, 2015
122	Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 2/26/15. (Court Reporter: Richard Ford) (jad) (Entered: 02/26/2015)	Feb. 26, 2015	Feb. 26, 2015
123	SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 4/21/15 at 4:45 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/26/15. (bdb) (Entered: 02/26/2015)	Feb. 26, 2015	Feb. 26, 2015
124	SETTLEMENT AGREEMENT (3d) Between Plaintiffs and PennDOT filed by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Markham, Craig) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015
125	Joint MOTION for Settlement (3d) Approval filed by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015
126	ORDER GRANTING 125 Joint Motion to Approve Third Partial Settlement Agreement. It is ORDERED that 124 Third Partial Settlement Agreement is hereby APPROVED and ACCEPTED by the Court. Signed by Judge Mark R. Hornak on 3/16/15. (bdb) (Entered: 03/16/2015)	March 16, 2015	March 16, 2015
127	STATUS REPORT by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Exhibit A) (Bradley, Scott) (Entered: 03/31/2015)	March 31, 2015	March 31, 2015
128	ORDER ACCEPTING 127 Status Report. The Status Report filed at ECF docket no. 127 is hereby APPROVED and ACCEPTED by the Court. Signed by Judge Mark R. Hornak on 4/1/15. (bdb) (Entered: 04/01/2015)	April 1, 2015	April 1, 2015
129	ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 4/21/15 at 4:45 PM is hereby RESCHEDULED for 4/22/15 at 11:00 AM before Judge Mark R. Hornak. The information required to participate can be found at 123 Scheduling Order. Signed by Judge Mark R. Hornak on 4/7/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 04/07/2015)	April 7, 2015	April 7, 2015
130	ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 4/22/15 at 11:00 AM is hereby RESCHEDULED for 5/12/15 at 3:30 PM before Judge Mark R. Hornak. The information required to participate can be found at 123 Scheduling Order. Signed by Judge Mark R. Hornak on 4/20/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 04/20/2015)	April 20, 2015	April 20, 2015
	Order AND ~Util - Set Hearings AND 1 - Terminate Hearings	April 20, 2015	April 20, 2015
131	Joint MOTION to Continue Status Conference by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Proposed Order) (Shaw, Mark) (Entered: 05/11/2015)	May 11, 2015	May 11, 2015
132	ORDER GRANTING 131 Motion to Continue. The Telephonic Status Conference set for 5/12/15 at 3:30 PM is hereby CONTINUED pending further Order of Court. Signed by Judge Mark R. Hornak on 5/11/15. (bdb) (Entered: 05/11/2015)	May 11, 2015	May 11, 2015
133	SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for Monday, July 13, 2015 at 10:00 AM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 7/1/15. (bdb) (Entered: 07/01/2015)	July 1, 2015	July 1, 2015
134	Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 7/13/15. (Court Reporter: Shirley Hall) (jad) (Entered: 07/13/2015)	July 13, 2015	July 13, 2015
135	SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 8/24/15 at 3:30 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 7/13/15. (jad) (Entered: 07/13/2015)	July 13, 2015	July 13, 2015
136	Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 8/24/15. (Court Reporter: Shirley Hall) (jad) (Entered: 08/24/2015)	Aug. 24, 2015	Aug. 24, 2015
137	SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 9/9/15 at 4:15 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call-in number, which requires participants to dial-in and provide an access code. To obtain the information required to participate in the conference, please log-in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e-mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 8/24/15. (jad) (Main Document 137 replaced on 8/25/2015) (bdb) Modified on 8/25/2015 to correct date on document. (bdb) (Entered: 08/24/2015)	Aug. 24, 2015	Aug. 24, 2015
138	ORDER. The Telephonic Status Conference set for 9/9/15 at 4:15 PM is hereby CONTINUED pending further Order of Court. Signed by Judge Mark R. Hornak on 9/8/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/08/2015)	Sept. 8, 2015	Sept. 8, 2015
	Order AND 1 - Terminate Hearings	Sept. 8, 2015	Sept. 8, 2015
139	Joint MOTION to Extend Time to Joint Motion for Extensions of Deadlines in Fourth Consent Decree by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Proposed Order) (Shaw, Mark) (Entered: 09/23/2015)	Sept. 23, 2015	Sept. 23, 2015
140	ORDER GRANTING 139 Joint Motion to Extend Time of Deadlines in Fourth Consent Decree. The deadline for Millcreek Township's submission of the sidewalk survey report and facility survey report is EXTENDED to 12/2/15. Signed by Judge Mark R. Hornak on 9/24/15. (bdb) (Entered: 09/24/2015)	Sept. 24, 2015	Sept. 24, 2015
141	~Util - Set Hearings AND Order	Jan. 5, 2016	Jan. 5, 2016
	Order AND ~Util - Set Hearings AND 1 - Terminate Hearings	Jan. 21, 2016	Jan. 21, 2016
145	~Util - Set Deadlines/Hearings AND Order	Jan. 25, 2016	Jan. 25, 2016
	~Util - Set Deadlines/Hearings AND Order	March 3, 2016	March 3, 2016
	Order	March 4, 2016	March 4, 2016
	Order AND ~Util - Set Hearings AND 1 - Terminate Hearings	May 10, 2016	May 10, 2016
156	~Util - Set Hearings AND Order	Sept. 23, 2016	Sept. 23, 2016
	~Util - Set Hearings AND Order AND 1 - Terminate Hearings	Oct. 5, 2016	Oct. 5, 2016
160	~Util - Set Hearings AND Order	Oct. 7, 2016	Oct. 7, 2016
	Order AND 1 - Terminate Hearings	Nov. 15, 2016	Nov. 15, 2016
162	Settlement	Nov. 21, 2016	Nov. 21, 2016 Clearinghouse
163	Order on Motion for Settlement	Nov. 23, 2016	Nov. 23, 2016
	~Util - Set Deadlines AND Order	Jan. 12, 2017	Jan. 12, 2017
171	Order	April 5, 2017	April 5, 2017
	Order	April 5, 2017	April 5, 2017
	~Util - Set Deadlines AND Order	May 16, 2017	May 16, 2017
	Order	July 3, 2017	July 3, 2017
	Order AND ~Util - Set Deadlines	Oct. 10, 2017	Oct. 10, 2017
	Order AND ~Util - Set Deadlines	Nov. 17, 2017	Nov. 17, 2017
181	Miscellaneous Relief (Use ONLY if no other relief applies)	Nov. 30, 2017	Nov. 30, 2017
182	Order on Motion for Miscellaneous Relief	Dec. 1, 2017	Dec. 1, 2017 Clearinghouse
	Order AND ~Util - Set Deadlines	April 3, 2018	April 3, 2018
	Status Report Order	Dec. 20, 2018	Dec. 20, 2018
	Order	April 8, 2019	April 8, 2019
	~Util - Set Hearings	April 8, 2019	April 8, 2019
	~Util - Set Hearings	May 6, 2019	May 6, 2019
	Order	May 6, 2019	May 6, 2019
	1 - Terminate Hearings	May 6, 2019	May 6, 2019
205	Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 5/10/19. (Court Reporter: Noreen Re) (jad) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019
206	ORDER. The Court hereby Orders the following: 1. Defendant Commonwealth of Pennsylvania Department of Transportation shall respond to the parties' outstanding requests identified in the parties' Joint Status Report 199 on or before June 15, 2019. 2. The parties shall file a Joint Status Report on or before August 31, 2019. The parties shall file further Joint Status Reports ever ninety (90) days thereafter. 3. This action is hereby ADMINISTRATIVELY CLOSED without prejudice to the position of any party and without limitations to any party seeking judicial review of any dispute arising under this action. All consent decrees and partial settlements on this docket any imposed deadlines on the docket remain in full force and effect. Signed by Chief Judge Mark R. Hornak on 5/10/19. (bdb) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019
207	NOTICE OF WITHDRAWAL OF COUNSEL WITHOUT LEAVE OF COURT by MILLCREEK TOWNSHIP, PA (Pavkov, Mark) (Entered: 07/25/2019)	July 25, 2019	July 25, 2019
208	ORDER APPROVING 207 Notice of Withdrawal of Counsel Without Leave of Court. Mark T. Pavkov is withdrawn from this case. Signed by Chief Judge Mark R. Hornak on 8/1/19. (jad) (Entered: 08/01/2019)	Aug. 1, 2019	Aug. 1, 2019
209	JOINT STATUS REPORT All Parties by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 08/30/2019)	Aug. 30, 2019	Aug. 30, 2019
210	STATUS REPORT ORDER. Within thirty (30) days of the date of this Order, counsel shall file a further Joint Status Report. Signed by Chief Judge Mark R. Hornak on 9/3/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/03/2019)	Sept. 3, 2019	Sept. 3, 2019
	Status Report Order	Sept. 3, 2019	Sept. 3, 2019
211	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 10/03/2019)	Oct. 3, 2019	Oct. 3, 2019
212	STATUS REPORT ORDER. On or before 11/15/19, counsel shall file a further Joint Status Report. Signed by Chief Judge Mark R. Hornak on 10/10/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019
	Status Report Order	Oct. 10, 2019	Oct. 10, 2019
213	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 11/15/2019)	Nov. 15, 2019	Nov. 15, 2019
214	STATUS REPORT ORDER. On or before 12/17/19, counsel shall file a further Joint Status Report. Signed by Chief Judge Mark R. Hornak on 11/18/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019
	Status Report Order	Nov. 18, 2019	Nov. 18, 2019
215	JOINT STATUS REPORT by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019
216	STATUS REPORT ORDER. On or before 2/3/20, counsel shall file a further Joint Status Report. Signed by Chief Judge Mark R. Hornak on 12/19/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019
	Status Report Order	Dec. 19, 2019	Dec. 19, 2019
217	STATUS REPORT 2019 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Certification of Ann Sokol, # 2 Certification of Matthew Puda, # 3 Certification of Matthew Puz, # 4 Certification of Matthew Waldinger, # 5 Certification of Robert Donikowski, # 6 Certification of Sean Kern) (Shaw, Mark) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020
218	Appendix to 217 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A - List of MT owned/controlled streets paved in 2019, # 2 Exhibit B - 2019 MT Map of Paved Roads, # 3 Exhibit C - Resolutions Accepting Public Streets, # 4 Exhibit D - 2019 Accepted Road Ramps, # 5 Exhibit D1 Forms, # 6 Exhibit E - 2019 New Ramps, # 7 Exhibit E1 Forms, # 8 Exhibit F - Letter and Plaintiffs Approval, # 9 Exhibit G - 2019 Existing Ramps on Paved Roads, # 10 Exhibit G1 Forms, # 11 Exhibit H - 2019 Ramps by Others, # 12 Exhibit H1 Forms, # 13 Exhibit I - Cumulative Ramps List Through 2019, # 14 Exhibit J - 2019 Pedestrian Crossing, # 15 Exhibit J1 Forms) (Shaw, Mark) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020
219	STATUS REPORT by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 02/03/2020)	Feb. 3, 2020	Feb. 3, 2020
220	STATUS REPORT ORDER. On or before 4/15/20, counsel shall file a further Joint Status Report. Signed by Chief Judge Mark R. Hornak on 2/4/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 02/04/2020)	Feb. 4, 2020	Feb. 4, 2020
	Status Report Order	Feb. 4, 2020	Feb. 4, 2020
221	STATUS REPORT by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Exhibit A, # 2 Exhibit 1) (Bradley, Scott) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020
222	ORDER ACCEPTING 221 Status Report. On or before 9/1/20, counsel shall file a further status report. Signed by Chief Judge Mark R. Hornak on 4/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/01/2020)	April 1, 2020	April 1, 2020
	~Util - Set Deadlines	April 1, 2020	April 1, 2020
	Order	April 1, 2020	April 1, 2020
223	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 04/13/2020)	April 13, 2020	April 13, 2020
224	ORDER APPROVING 223 Joint Status Report. Signed by Chief Judge Mark R. Hornak on 4/15/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 04/15/2020)	April 15, 2020	April 15, 2020
	Order	April 15, 2020	April 15, 2020
225	STATUS REPORT by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020
226	ORDER ACCEPTING 225 Status Report. On or before 11/15/20, counsel shall file a further Joint Status Report. Signed by Chief Judge Mark R. Hornak on 9/11/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/11/2020)	Sept. 11, 2020	Sept. 11, 2020
	~Util - Set Deadlines AND Order	Sept. 11, 2020	Sept. 11, 2020
227	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020
228	ORDER ACCEPTING 227 Joint Status Report. On or before 12/22/20, counsel shall file a further Joint Status Report as to the current status of this action. The Court will convene a telephone status conference whenever any counsel files a request for such conference. Signed by Chief Judge Mark R. Hornak on 11/16/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 11/16/2020)	Nov. 16, 2020	Nov. 16, 2020
	~Util - Set Deadlines AND Order	Nov. 16, 2020	Nov. 16, 2020
	Order AND ~Util - Set Deadlines	Nov. 16, 2020	Nov. 16, 2020
229	STATUS REPORT 12-22-20 Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 12/22/2020)	Dec. 22, 2020	Dec. 22, 2020
230	ORDER ACCEPTING 229 Joint Status Report. On or before 1/29/21, counsel shall file a further Joint Status Report as to the current status of this action. Signed by Chief Judge Mark R. Hornak on 12/23/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020
231	SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 2/16/21 at 1:30 PM before Judge Mark R. Hornak. Please refer to 201 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 12/23/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) (Entered: 12/23/2020)	Dec. 23, 2020	Dec. 23, 2020
	Order	Dec. 23, 2020	Dec. 23, 2020
	~Util - Set Hearings AND Order	Dec. 23, 2020	Dec. 23, 2020
232	MOTION for Extension of Time to File Annual Report for 2020 by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Proposed Order) (Shaw, Mark) (Entered: 01/28/2021) 1 Proposed Order View on PACER	Jan. 28, 2021	Jan. 28, 2021
233	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 20, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, alleging that defendants Millcreek Township, PA and PennDOT failed to provide accessible sidewalks and curb cuts as required by the ADA.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Pennsylvania, State

Millcreek Township, PA (Millcreek Township), City

Defendant Type(s):

Jurisdiction-wide

Transportation