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. The case is ongoing but administratively closed as of May 10, 2019. The court retains jurisdiction to enforce the terms of this and the prior consent decrees.

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Summary Authors

Alex Colbert-Taylor (6/13/2013)

Elena Malik (11/5/2017)

Sarah McDonald (3/25/2018)

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)

Hornak, Mark Raymond (Pennsylvania)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Markham, Craig A. (Pennsylvania)

Attorney for Defendant

Bradley, Scott A. (Pennsylvania)

Judge(s)

Hornak, Mark Raymond (Pennsylvania)

McLaughlin, Sean J. (Pennsylvania)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Markham, Craig A. (Pennsylvania)

Attorney for Defendant

Bradley, Scott A. (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 Aug. 19, 2025, 4:57 p.m.

ECF Number	Description	Date	Link Date / Link
	Order AND ~Util - Set Hearings AND 1 - Terminate Hearings	April 20, 2015	April 20, 2015 PACER
131	Continue	May 11, 2015	May 11, 2015 PACER
132	Order on Motion to Continue	May 11, 2015	May 11, 2015 PACER
133	~Util - Set Hearings AND Order	July 1, 2015	July 1, 2015 PACER
135	~Util - Set Hearings AND Order	July 13, 2015	July 13, 2015 PACER
137	~Util - Set Hearings AND Order	Aug. 24, 2015	Aug. 24, 2015 PACER
	Order AND 1 - Terminate Hearings	Sept. 8, 2015	Sept. 8, 2015 PACER
139	Extend Time	Sept. 23, 2015	Sept. 23, 2015 PACER
140	Order on Motion to Extend Time	Sept. 24, 2015	Sept. 24, 2015 PACER
141	~Util - Set Hearings AND Order	Jan. 5, 2016	Jan. 5, 2016 PACER
	Order AND ~Util - Set Hearings AND 1 - Terminate Hearings	Jan. 21, 2016	Jan. 21, 2016 PACER
145	~Util - Set Deadlines/Hearings AND Order	Jan. 25, 2016	Jan. 25, 2016 PACER
	~Util - Set Deadlines/Hearings AND Order	March 3, 2016	March 3, 2016 PACER
	Order	March 4, 2016	March 4, 2016 PACER
	Order AND ~Util - Set Hearings AND 1 - Terminate Hearings	May 10, 2016	May 10, 2016 PACER
156	~Util - Set Hearings AND Order	Sept. 23, 2016	Sept. 23, 2016 PACER
	~Util - Set Hearings AND Order AND 1 - Terminate Hearings	Oct. 5, 2016	Oct. 5, 2016 PACER
160	~Util - Set Hearings AND Order	Oct. 7, 2016	Oct. 7, 2016 PACER
	Order AND 1 - Terminate Hearings	Nov. 15, 2016	Nov. 15, 2016 PACER
162	Settlement	Nov. 21, 2016	Nov. 21, 2016 Clearinghouse
163	Order on Motion for Settlement	Nov. 23, 2016	Nov. 23, 2016 PACER
	~Util - Set Deadlines AND Order	Jan. 12, 2017	Jan. 12, 2017 PACER
171	Order	April 5, 2017	April 5, 2017 PACER
	Order	April 5, 2017	April 5, 2017 PACER
	~Util - Set Deadlines AND Order	May 16, 2017	May 16, 2017 PACER
	Order	July 3, 2017	July 3, 2017 PACER
	Order AND ~Util - Set Deadlines	Oct. 10, 2017	Oct. 10, 2017 PACER
	Order AND ~Util - Set Deadlines	Nov. 17, 2017	Nov. 17, 2017 PACER
181	Miscellaneous Relief (Use ONLY if no other relief applies)	Nov. 30, 2017	Nov. 30, 2017 PACER
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 PACER
	Status Report Order	Dec. 20, 2018	Dec. 20, 2018 PACER
	Order	April 8, 2019	April 8, 2019 PACER
	~Util - Set Hearings	April 8, 2019	April 8, 2019 PACER
	~Util - Set Hearings	May 6, 2019	May 6, 2019 PACER
	Order	May 6, 2019	May 6, 2019 PACER
	1 - Terminate Hearings	May 6, 2019	May 6, 2019 PACER
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 PACER
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 PACER
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 PACER
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 PACER
209	JOINT STATUS REPORT All Parties by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 08/30/2019)	Aug. 30, 2019	Aug. 30, 2019 PACER
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 PACER
	Status Report Order	Sept. 3, 2019	Sept. 3, 2019 PACER
211	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 10/03/2019)	Oct. 3, 2019	Oct. 3, 2019 PACER
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 PACER
	Status Report Order	Oct. 10, 2019	Oct. 10, 2019 PACER
213	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 11/15/2019)	Nov. 15, 2019	Nov. 15, 2019 PACER
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 PACER
	Status Report Order	Nov. 18, 2019	Nov. 18, 2019 PACER
215	JOINT STATUS REPORT by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 12/17/2019)	Dec. 17, 2019	Dec. 17, 2019 PACER
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 PACER
	Status Report Order	Dec. 19, 2019	Dec. 19, 2019 PACER
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 PACER
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 PACER
219	STATUS REPORT by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 02/03/2020)	Feb. 3, 2020	Feb. 3, 2020 PACER
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 PACER
	Status Report Order	Feb. 4, 2020	Feb. 4, 2020 PACER
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 PACER
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 PACER
	~Util - Set Deadlines	April 1, 2020	April 1, 2020 PACER
	Order	April 1, 2020	April 1, 2020 PACER
223	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 04/13/2020)	April 13, 2020	April 13, 2020 PACER
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 PACER
	Order	April 15, 2020	April 15, 2020 PACER
225	STATUS REPORT by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 09/01/2020)	Sept. 1, 2020	Sept. 1, 2020 PACER
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 PACER
	~Util - Set Deadlines AND Order	Sept. 11, 2020	Sept. 11, 2020 PACER
227	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 11/13/2020)	Nov. 13, 2020	Nov. 13, 2020 PACER
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 PACER
	~Util - Set Deadlines AND Order	Nov. 16, 2020	Nov. 16, 2020 PACER
	Order AND ~Util - Set Deadlines	Nov. 16, 2020	Nov. 16, 2020 PACER
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 PACER
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 PACER
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 PACER
	Order	Dec. 23, 2020	Dec. 23, 2020 PACER
	~Util - Set Hearings AND Order	Dec. 23, 2020	Dec. 23, 2020 PACER
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 PACER
233	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 PACER
234	ORDER ACCEPTING 233 Joint Status Report. On or before 4/15/21, counsel shall file a further Joint Status Report as to the current status of this action. Signed by Chief Judge Mark R. Hornak on 1/29/21. 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: 01/29/2021)	Jan. 29, 2021	Jan. 29, 2021 PACER
	~Util - Set Deadlines AND Order	Jan. 29, 2021	Jan. 29, 2021 PACER
235	Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Status Conference held on 2/1/21. (Court Reporter: Barbara Loch) (jad) Modified on 2/1/2021 to mark private. Minute entry was docketed to the wrong case. (jad). (Entered: 02/01/2021)	Feb. 1, 2021	Feb. 1, 2021 PACER
236	ORDER GRANTING 232 Motion for Extension of Time to File 2020 Report. Defendant's 2020 Report is due on or before 2/12/21. Signed by Chief Judge Mark R. Hornak on 2/1/21. (jad) (Entered: 02/01/2021)	Feb. 1, 2021	Feb. 1, 2021 PACER
237	NOTICE of death of Plaintiff, Pecunas by VOICES FOR INDEPENDENCE, (VFI) (Markham, Craig) (Entered: 02/04/2021)	Feb. 4, 2021	Feb. 4, 2021 PACER
238	ORDER AMENDING CAPTION. Based on the Court's review of 237 Notice of Death of Plaintiff, Pecunas, it is hereby ORDERED that the caption as to the above-referenced matter is hereby AMENDED as follows: EAKIN et al v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION et al. Signed by Chief Judge Mark R. Hornak on 2/5/21. 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: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 PACER
	Order	Feb. 5, 2021	Feb. 5, 2021 PACER
239	STATUS REPORT 2020 Status Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Certification of Matthew Waldinger, # 2 Certification of Sean Kern, # 3 Certification of Robert Donikowski, # 4 Certification of Matthew Puz) (Shaw, Mark) (Entered: 02/12/2021)	Feb. 12, 2021	Feb. 12, 2021 PACER
240	Appendix to 239 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D-1, # 6 Exhibit E, # 7 Exhibit E-1, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit G-1, # 11 Exhibit H, # 12 Exhibit H-1, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit J-1) (Shaw, Mark) (Entered: 02/12/2021)	Feb. 12, 2021	Feb. 12, 2021 PACER
241	Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 2/16/21. (Court Reporter: Barbara Loch) (jad) (Entered: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021 PACER
242	ORDER. Based on information provided at the Status Conference held on February 16, 2021, counsel shall continue to confer, and on or before March 19, 2021, counsel shall file a joint status report that includes, at least, a proposed timeline for finalization or resolution of this case along with any proposed orders. Signed by Chief Judge Mark R. Hornak on 2/16/21. 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: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021 PACER
	~Util - Set Deadlines AND Order	Feb. 16, 2021	Feb. 16, 2021 PACER
243	STATUS REPORT Joint Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 03/18/2021)	March 18, 2021	March 18, 2021 PACER
244	STATUS REPORT by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Exhibit A) (Bradley, Scott) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021 PACER
245	NOTICE of Appearance by Lydia H. Caparosa on behalf of MILLCREEK TOWNSHIP, PA. (Caparosa, Lydia) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
246	MOTION to Extend Time to File 2021 Annual Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Proposed Order) (Caparosa, Lydia) (Entered: 01/25/2022)	Jan. 25, 2022	Jan. 25, 2022 PACER
247	ORDER GRANTING 246 Motion to Extend Time for to File 2021 Report. IT IS ORDERED that the Consent Motion for Extension of Time for Defendant Millcreek Township, PA to File the 2021 Report is hereby GRANTED and that the time for Defendant Millcreek Township, PA to file its 2021 Report is hereby extended to February 28, 2022. Signed by Chief Judge Mark R. Hornak on 1/26/22. 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: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 PACER
	Order on Motion to Extend Time	Jan. 26, 2022	Jan. 26, 2022 PACER
248	STATUS REPORT 2021 Status Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit Certification of Christopher Brenner, # 2 Affidavit Certification of Robert Donikowski, # 3 Affidavit Certification of Sean Kern, # 4 Affidavit Certification of Matthew Waldinger, # 5 Affidavit Certification of Matthew Puz, Jr., # 6 Affidavit Certification Matthew Puda) (Shaw, Mark) (Entered: 02/28/2022)	Feb. 28, 2022	Feb. 28, 2022 PACER
249	Appendix to 248 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Exhibit E-1, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit G-1, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit J-1) (Shaw, Mark) (Entered: 02/28/2022)	Feb. 28, 2022	Feb. 28, 2022 PACER
250	SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 3/21/22 at 11:30 AM before Chief Judge Mark R. Hornak. Please refer to 201 AT&T Scheduling Notice and use dial-in no. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 3/1/22. 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: 03/01/2022)	March 1, 2022	March 1, 2022 PACER

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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):

Transportation

Jurisdiction-wide