Case: Noel v. New York City Taxi and Limousine Commission

Noel v. New York Taxi and Limousine Commission

Noel v. New York City Taxi and Limousine Commission

No Court

Noel v. New York Taxi and Limousine Commission

U.S. Court of Appeals for the Second Circuit

The Taxis for All Campaign v. New York City Taxi and Limousine Commission

COMPLAINT against New York City Taxi and Limousine Commission, David Yassky(in his official capacity), David Yassky(as commissioner of the New York City Taxi and Limousine Commission). (Filing Fee $ 350.00, Receipt Number 925598)Document filed by The Taxis For All Campaign, Simi Linton, Disabled in Action, 504 Democratic Club, Christopher Noel, United Spinal.(mro) (ama). (ama). (Entered: 01/13/2011)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal.(mro) (ama). (Entered: 01/13/2011)

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/16/2011 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/14/11) (rjm) (Entered: 01/14/2011)

NOTICE OF APPEARANCE by Robin Binder on behalf of New York City Taxi and Limousine Commission, David Yassky(in his official capacity), David Yassky(as commissioner of the New York City Taxi and Limousine Commission) (Binder, Robin) (Entered: 01/24/2011)

NOTICE OF APPEARANCE by Michelle L. Goldberg-Cahn on behalf of New York City Taxi and Limousine Commission, David Yassky(in his official capacity) (Goldberg-Cahn, Michelle) (Entered: 01/24/2011)

AFFIDAVIT OF SERVICE. New York City Taxi and Limousine Commission served on 1/19/2011, answer due 2/9/2011; David Yassky(in his official capacity) served on 1/19/2011, answer due 2/9/2011; David Yassky(as commissioner of the New York City Taxi and Limousine Commission) served on 1/19/2011, answer due 2/9/2011. Service was accepted by R. Comeyers. Document filed by The Taxis For All Campaign; Simi Linton; Disabled in Action; 504 Democratic Club; Christopher Noel; United Spinal. (Pinover, Julia) (Entered: 02/01/2011)

MOTION for Kara Werner to Appear Pro Hac Vice for plaintiffs. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal.(cd) (Entered: 02/03/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Robin Binder dated 2/1/11 re: Request for an extension of time until 3/10/11 for defendant to respond to the complaint. ENDORSEMENT: SO ORDERED. New York City Taxi and Limousine Commission answer due 3/10/2011; David Yassky(in his official capacity) answer due 3/10/2011; David Yassky (as commissioner of the New York City Taxi and Limousine Commission) answer due 3/10/2011. (Signed by Judge George B. Daniels on 2/3/11) (db) (Entered: 02/03/2011)

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. granting 8 Motion for Kara Werner to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 2/7/2011) (rjm) (Entered: 02/07/2011)

NOTICE OF APPEARANCE by Allegra Louise Fishel on behalf of 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal (Fishel, Allegra) (Entered: 02/14/2011)

MOTION for Sid Wolinsky to Appear Pro Hac Vice. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal.(mro) (Entered: 02/16/2011)

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 11 Motion for Sid Wolinsky to Appear Pro Hac Vice for plaintiffs. (Signed by Judge George B. Daniels on 2/22/11) (cd) (Entered: 02/22/2011)

MOTION to Dismiss the Complaint. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). Responses due by 3/17/2011(Goldberg-Cahn, Michelle) (Entered: 03/03/2011)

MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss the Complaint.. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 03/03/2011)

SCHEDULING ORDER:, CASE MANAGEMENT PLAN: Amended Pleadings due by 7/1/2011. Joinder of Parties due by 7/1/2011. Discovery due by 8/26/2011. Joint Pretrial Order due by 10/28/2011. So Ordered (Signed by Judge George B. Daniels on 3/11/11) (js) (Entered: 03/11/2011)

MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss the Complaint.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 03/16/2011)

REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss the Complaint.. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 03/23/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Julia Pinover dated 3/23/2011 re: Counsel respectfully request that the Court set a new oral argument, as is convenient for Your Honor's calendar, on 5/10, 11, 12, 16 or 17. ENDORSEMENT: The oral argument is adjourned to May 17, 2011 at 10:00 a.m. So Ordered. (Signed by Judge George B. Daniels on 3/24/2011) (jfe) (Entered: 03/24/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Julia Pinover dated 5/6/2011 re: Counsel writes to request permission to use several demonstrative visual aids during the 5/17/2011 hearing on Defendant's Motion to Dismiss. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 5/9/2011) (ab) (Entered: 05/09/2011)

ORDER: The oral argument currently scheduled for 5/17/2011, is ADJOURNED until 5/24/2011 at 10:30 AM. (Signed by Judge George B. Daniels on 5/11/2011) (ab) (Entered: 05/12/2011)

ORDER denying 13 Motion to Dismiss the Complaint, filed by New York City Taxi and Limousine Commission and David Yassky (in his official capacity). (Signed by Judge George B. Daniels on 5/24/2011) (ab) (Entered: 05/25/2011)

ANSWER to 1 Complaint,. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity).(Goldberg-Cahn, Michelle) (Entered: 06/07/2011)

ANSWER to 1 Complaint,. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity).(Goldberg-Cahn, Michelle) (Entered: 06/07/2011)

ORDER that defendants' letter request to modify the Court's order dated 5/24/11 and certify this matter for intelocutory appeal is DENIED, as further set forth in this document. (Signed by Judge George B. Daniels on 6/15/11) (cd) (Entered: 06/16/2011)

AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 7/1/2011. Joinder of Parties due by 7/1/2011. Fact Discovery due by 10/16/2011. Expect Discovery due by 10/16/2011. Dispositive Motions due by 11/16/2011. Joint Pretrial Order due by 12/15/2011. The parties shall be ready for trial within 48 hours notice. The estimated trial time is 5 days. This is a non-jury trial. Case Management Conference set for 8/10/2011 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/17/2011) (ab) (Entered: 06/17/2011)

TRANSCRIPT of Proceedings re: Conference held on 5/24/2011 before Judge George B. Daniels. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly) (Entered: 06/23/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/24/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/23/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/24/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/23/2011)

MOTION for Mary-Lee Kimber Smith to Appear Pro Hac Vice. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal.(pgu) (Entered: 07/14/2011)

ORDER FOR ADMISSION PRO HAC VICE, granting 29 Motion for Mary-Lee Kimber Smith to Appear Pro Hac Vice. Additional relief as set forth in this Order. (Signed by Judge George B. Daniels on 7/15/11) (pl) Modified on 7/15/2011 (pl). (Entered: 07/15/2011)

JOINT STIPULATION EXTENDING EXPERT DISCLOSURE DEADLINE. IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties in the above captioned matter that the deadline for Plaintiffs' expert reports along with the required material relied upon, shall be extended from August 1, 2011 to August 15, 2011. (Signed by Judge George B. Daniels on 7/21/11) (rjm) (Entered: 07/21/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Julia M. Pinover dated 7/26/2011 re: Counsel for the Plaintiff writes to request permission for attorney Sid Wolinsky to appear via telephone for the Initial Pretrial Conference scheduled for 8/10/2011. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/26/2011) (ab) (Entered: 07/26/2011)

STIPULATION AND ORDER GRANTING CLASS CERTIFICATION. (1) The class is defined as "All persons) using wheelchairs or scooters who reside in or visit New York City who are persons with disabilities under the Americans with Disabilities Act, Rehabilitation Act and/or City Human Rights Law and who seek to use New York City medallion taxis." (2) Disability Rights Advocates and Outten and Golden, LLP are designated as class counsel for the Plaintiffs. (3) Christopher Noel, Simi Linton, Ph.D., United Spinal Association, The Taxis for All Campaign, 504 Democratic Club, and Disabled In Action are designated as Plaintiff Class Representatives (Signed by Judge George B. Daniels on 8/10/11) (djc) (Entered: 08/10/2011)

SCHEDULING ORDER:Plaintiff's moving papers due 8/26/2011. Defendants' opposition papers due 9/23/2011. Plaintiffs' reply papers due 10/3/2011. In the event of a cross-motion by defendants, plaintiffs' opposition papers are due 10/11/2011 and defendants reply papers are due 10/18/2011. All fact discovery shall be completed by 12/15/2011. Expert discovery to be completed by 11/3/2011. The parties shall be ready for trial within 48 hours notice on or after (TBD by the Court). The estimated trial time is 5 days. This is a non-jury trial. (Signed by Judge George B. Daniels on 8/15/2011) (mro) (Entered: 08/15/2011)

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Partial Summary Judgment. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. Responses due by 9/23/2011 (Attachments: # 1 Supplement Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment, # 2 Supplement Rule 56.1 Statement of Undisputed Facts, # 3 Supplement Declaration of Julia Pinover in Support of Plaintiffs' Motion for Partial Summary Judgment, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D, # 8 Exhibit Exhibit E, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit K, # 15 Exhibit Exhibit L, # 16 Exhibit Exhibit M, # 17 Exhibit Exhibit N, # 18 Exhibit Exhibit O, # 19 Exhibit Exhibit P, # 20 Exhibit Exhibit Q, # 21 Exhibit Exhibit R, # 22 Supplement Declaration of Susan Dooha in Support of Plaintiffs' Motion for Partial Summary Judgment, # 23 Exhibit Exhibit A, # 24 Exhibit Exhibit B, # 25 Supplement Declaration of Douglas Kruse in Support of Plaintiffs' Motion for Partial Summary Judgment, # 26 Exhibit Exhibit A, # 27 Exhibit Exhibit B, # 28 Supplement Declaration of Christopher Noel in Support of Plaintiffs' Motion for Partial Summary Judgment, # 29 Supplement Declaration of Simi Linton in Support of Plaintiffs' Motion for Partial Summary Judgment)(Pinover, Julia) Modified on 8/26/2011 (db). (Entered: 08/26/2011)

MOTION for Partial Summary Judgment. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. Responses due by 9/23/2011(Pinover, Julia) (Entered: 08/26/2011)

MEMORANDUM OF LAW in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 08/26/2011)

RULE 56.1 STATEMENT. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 08/26/2011)

DECLARATION of Julia M. Pinover in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Pinover, Julia) (Entered: 08/26/2011)

DECLARATION of Susan Dooha in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pinover, Julia) (Entered: 08/26/2011)

DECLARATION of Douglas Kruse in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pinover, Julia) (Entered: 08/26/2011)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

DECLARATION of Christopher Noel in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 08/26/2011)

DECLARATION of Simi Linton in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 08/26/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Julia Pinover dated 8/26/11 re: Counsel for the plaintiffs request that the Court hold a hearing on their recently filed motion for partial summary judgment. Plaintiffs request that the Court schedule a hearing some time during the period of 11/7-11/10. ENDORSEMENT: So ordered. The conference is adjourned to November 9, 2011 at 10:00 a.m.Set Deadlines/Hearing as to 36 MOTION for Partial Summary Judgment:( Motion Hearing set for 11/9/2011 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 8/30/2011) (mro) Modified on 8/31/2011 (mro). (Entered: 08/30/2011)

CROSS MOTION for Summary Judgment. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). Responses due by 10/11/2011(Goldberg-Cahn, Michelle) (Entered: 09/23/2011)

DECLARATION of Deputy Commissioner Chhabra in Opposition re: 45 CROSS MOTION for Summary Judgment., 36 MOTION for Partial Summary Judgment.. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Goldberg-Cahn, Michelle) (Entered: 09/23/2011)

RULE 56.1 STATEMENT. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 09/23/2011)

COUNTER STATEMENT TO 38 Rule 56.1 Statement. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 09/23/2011)

MEMORANDUM OF LAW in Support re: 36 MOTION for Partial Summary Judgment., 45 CROSS MOTION for Summary Judgment. Memo of Law in Support of Cross Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 09/23/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Julia Pinover dated 9/28/2011 re: The parties have agreed and jointly request that the hearing date for the motion and cross-motion for summary judgment be set for November 22, 2011 at 10am. ENDORSEMENT: The oral argument is set for November 22, 2011 at 10:00 a.m. ( Oral Argument set for 11/22/2011 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/28/2011) (pl) (Entered: 09/28/2011)

REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 10/03/2011)

DECLARATION of Julia M. Pinover in Support re: 36 MOTION for Partial Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/03/2011)

MOTION to Strike Document No. 46 . Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. Responses due by 10/17/2011(Pinover, Julia) (Entered: 10/03/2011)

MEMORANDUM OF LAW in Support re: 53 MOTION to Strike Document No. 46 .. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 10/03/2011)

DECLARATION of Julia M. Pinover in Support re: 53 MOTION to Strike Document No. 46 .. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/03/2011)

DECLARATION of Douglas Kruse in Support re: 53 MOTION to Strike Document No. 46 .. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Attachments: # 1 Exhibit A)(Pinover, Julia) (Entered: 10/03/2011)

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #58) - REPLY MEMORANDUM OF LAW in Opposition re: 45 CROSS MOTION for Summary Judgment. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) Modified on 10/12/2011 (ldi). (Entered: 10/11/2011)

RESPONSE in Opposition re: 45 CROSS MOTION for Summary Judgment.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 10/11/2011)

COUNTER STATEMENT TO 47 Rule 56.1 Statement. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 10/11/2011)

BRIEF re: 36 MOTION for Partial Summary Judgment. Statement of Interest of the United States of America. Document filed by United States Of America.(Kuehler, Natalie) (Entered: 10/13/2011)

DECLARATION of Natalie N. Kuehler in Support re: 60 Brief. Document filed by United States Of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Kuehler, Natalie) (Entered: 10/13/2011)

ENDORSED LETTER addressed to Judge George B. Daniels from Robin Binder dated 10/14/2011 re: Counsel for the defendants request that their time to submit a reply memorandum of law be enlarged by 10 days, from October 18 to October 28, 2011. ENDORSEMENT: SO ORDERED. (Replies due by 10/28/2011.) (Signed by Judge George B. Daniels on 10/14/2011) (ft) (Entered: 10/14/2011)

MEMORANDUM OF LAW in Opposition re: 53 MOTION to Strike Document No. 46 .. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 10/28/2011)

DECLARATION of Deputy Commissioner Ashwini Chhabra in Opposition re: 53 MOTION to Strike Document No. 46 .. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Attachments: # 1 Exhibit K through O)(Goldberg-Cahn, Michelle) (Entered: 10/28/2011)

DECLARATION of Robin Binder in Opposition re: 53 MOTION to Strike Document No. 46 .. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Attachments: # 1 Exhibit P through V)(Goldberg-Cahn, Michelle) (Entered: 10/28/2011)

REPLY MEMORANDUM OF LAW in Support re: 45 CROSS MOTION for Summary Judgment.. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Goldberg-Cahn, Michelle) (Entered: 10/28/2011)

DECLARATION of Deputy Commissioner Ashwini Chhabra in Support re: 45 CROSS MOTION for Summary Judgment.. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Attachments: # 1 Exhibit K through O)(Goldberg-Cahn, Michelle) (Entered: 10/28/2011)

REPLY AFFIRMATION of Robin Binder in Support re: 45 CROSS MOTION for Summary Judgment.. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity). (Attachments: # 1 Exhibit P through V)(Goldberg-Cahn, Michelle) (Entered: 10/28/2011)

REPLY MEMORANDUM OF LAW in Support re: 53 MOTION to Strike Document No. 46 .. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 11/04/2011)

ORDER TO SHOW CAUSE: Movant Taxicab, Limousine & Paratransit Association shall show cause as to why an Order should not be issued granting Movant's motion for leave to file a brief as amicus curiae. Show Cause Hearing set for 11/22/2011 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet - Part I on 11/14/2011) (djc) Modified on 11/15/2011 (djc). (Entered: 11/15/2011)

NOTICE OF APPEARANCE by Richard D. Emery on behalf of Taxicab, Limousine & Paratransit Association (Emery, Richard) (Entered: 11/16/2011)

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Motion for Leave to File Brief as Amicus Curiae. Document filed by Taxicab, Limousine & Paratransit Association. (Emery, Richard) Modified on 11/18/2011 (kco). (Entered: 11/16/2011)

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEF re: 72 Notice (Other) in Support of Motion for Leave to File Brief of the Taxicab, Limousine & Paratransit Association as Amicus Curiae. Document filed by Taxicab, Limousine & Paratransit Association.(Emery, Richard) Modified on 11/17/2011 (ka). (Entered: 11/16/2011)

MOTION for Leave to File a Brief as Amicus Curiae. Document filed by Taxicab, Limousine & Paratransit Association.(Emery, Richard) (Entered: 11/16/2011)

MEMORANDUM OF LAW in Support re: 74 MOTION for Leave to File a Brief as Amicus Curiae.. Document filed by Taxicab, Limousine & Paratransit Association. (Emery, Richard) (Entered: 11/16/2011)

DECLARATION of Julia Einbond in Support re: 74 MOTION for Leave to File a Brief as Amicus Curiae.. Document filed by Taxicab, Limousine & Paratransit Association. (Attachments: # 1 Exhibit A)(Emery, Richard) (Entered: 11/16/2011)

MEMORANDUM OF LAW in Opposition re: 74 MOTION for Leave to File a Brief as Amicus Curiae.. Document filed by 504 Democratic Club, Disabled in Action, Simi Linton, Christopher Noel, The Taxis For All Campaign, United Spinal. (Pinover, Julia) (Entered: 11/16/2011)

ORDER: The order directing the Taxicab, Limousine & Paratransit Association to show cause before the Court on November 22 is hereby vacated. The parties are to proceed as instructed by Judge Daniel's chambers. (Signed by Judge Robert W. Sweet, Part I on 11/17/2011) (lmb) Modified on 11/17/2011 (lmb). (Entered: 11/17/2011)

NOTICE OF APPEARANCE by Robyn F. Tarnofsky on behalf of Committee for Taxi Safety (Tarnofsky, Robyn) (Entered: 11/18/2011)

NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Committee for Taxi Safety (Kaplan, Roberta) (Entered: 11/18/2011)

MOTION to Intervene Pursuant to Fed. R. Civ. P. 24. Document filed by Committee for Taxi Safety.(Kaplan, Roberta) (Entered: 11/18/2011)

MEMORANDUM OF LAW in Support re: 81 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24.. Document filed by Committee for Taxi Safety. (Kaplan, Roberta) (Entered: 11/18/2011)

DECLARATION of David L. Beier in Support re: 81 MOTION to Intervene Pursuant to Fed. R. Civ. P. 24.. Document filed by Committee for Taxi Safety. (Kaplan, Roberta) (Entered: 11/18/2011)

ANSWER to 1 Complaint,. Document filed by Committee for Taxi Safety.(Kaplan, Roberta) (Entered: 11/18/2011)

ORDER granting 74 Motion for Leave to File a Brief as Amicus Curiae filed by Taxicab, Limousine & Paratransit Association. The Taxicab, Limousine & Paratransit Association's Motion for Leave to File an Amicus Curiae Brief is granted. (Signed by Judge George B. Daniels on 11/22/2011) (mro) (Entered: 11/23/2011)

ORDER denying 81 Motion to Intervene. The Committee for Taxi Safety's Motion to Intervene pursuant to Fed. R. Civ. P. 24 is denied without prejudice. (Signed by Judge George B. Daniels on 11/22/2011) (mro) (Entered: 11/23/2011)

ORDER denying 53 Motion to Strike. Plaintiffs' Motion to Strike Portions of the Declaration of Ashwini Chhabra is denied. (Signed by Judge George B. Daniels on 11/22/2011) (mro) (Entered: 11/23/2011)

TRANSCRIPT of Proceedings re: Conference held on 11/22/2011 before Judge George B. Daniels. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/9/2012.(McGuirk, Kelly) (Entered: 12/07/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/22/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/07/2011)

MEMORANDUM DECISION AND ORDER; Plaintiffs' motion for summary judgment on their Title II, subtitle B claim is denied. The TLC's cross-motion for summary judgment on its Title II, subtitle B claim is granted. The TLC's cross-motion for summary judgment on its Title II, subtitle A, Rehabilitation Act, and NYCHRL claims is denied. Plaintiffs' motion for summary judgment on their Title II, subtitle A claim is granted. (Signed by Judge George B. Daniels on 12/23/2011) (ae) (Entered: 12/23/2011)

NOTICE OF APPEAL from 90 Order. Document filed by New York City Taxi and Limousine Commission, David Yassky(in his official capacity), David Yassky(as commissioner of the New York City Taxi and Limousine Commission). Filing fee $ 455.00, receipt number 465401025684. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 01/03/2012)

ORDER: A conference in this matter is scheduled for January 17, 2012 at 2:15 p.m. ( Status Conference set for 1/17/2012 at 02:15 PM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/6/2012) (mro) (Entered: 01/06/2012)

TRANSCRIPT of Proceedings re: MOTION held on 11/22/2011 before Judge George B. Daniels. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/13/2012.(McGuirk, Kelly) (Entered: 01/11/2012)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 11/22/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/11/2012)

ORDER: The conference in this matter is scheduled for January 17, 2012 is adjourned to January 18, 2012 at 2:15 p.m. ( Status Conference set for 1/18/2012 at 02:15 PM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/11/2012) (lmb) (Entered: 01/11/2012)

ORDER: Defendants' letter request for a stay pending appeal of this Court's 12/23/2011 order is DENIED. (Signed by Judge George B. Daniels on 1/18/2012) (ft) (Entered: 01/19/2012)

TRANSCRIPT of Proceedings re: Conference held on 1/18/2012 before Judge George B. Daniels. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2012. Redacted Transcript Deadline set for 3/22/2012. Release of Transcript Restriction set for 5/21/2012.(McGuirk, Kelly) (Entered: 02/17/2012)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/18/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 02/17/2012)

TRUE COPY OPINION of USCA as to 91 Notice of Appeal, filed by David Yassky, New York City Taxi and Limousine Commission USCA Case Number 12-0041. The District Court's temporary injunction is vacated. The case is remanded with instructions for the district court to grant summary judgment to defendants on the Title II(A) claim and for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/28/2012. (nd) (Entered: 06/28/2012)

MANDATE of USCA (Certified Copy) as to 91 Notice of Appeal, filed by David Yassky, New York City Taxi and Limousine Commission USCA Case Number 12-0041. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/01/2012. (nd) (Entered: 10/01/2012)