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

1:11-cv-00237 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 13, 2011

Case Ongoing

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Case Summary

On January 13, 2011, New York wheelchair users and several disability rights organizations filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York Taxi and Limousine Commission (TLC) under Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act (ADA), and the New York City Human Rights Law, alleging that TLC discriminated against persons with disabilities by maintaining a fleet unsuitable f…

On January 13, 2011, New York wheelchair users and several disability rights organizations filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York Taxi and Limousine Commission (TLC) under Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act (ADA), and the New York City Human Rights Law, alleging that TLC discriminated against persons with disabilities by maintaining a fleet unsuitable for use by wheelchair users and thereby failing to provide equal access to transportation. Represented by Disabilities Right Advocates and private counsel, the plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to District Judge George B. Daniels.

According to the complaint, only 1.8% of taxis were accessible to persons with mobility disabilities, which deprived them of meaningful access to New York City without using more expensive alternatives. In addition, TLC had recently approved of specific Nissan models of SUVs and hybrid automobiles for the next generation of NYC taxicabs. The complaint alleged that the SUVs were too high for wheelchair access and that the hybrids' trunk space could not accommodate a wheelchair, including the folding model.

TLC moved to dismiss the complaint on March 3, 2011. Judge Daniels held oral argument and issued a brief order denying the motion without explanation on May 25, 2011. TLC asked the court to certify its decision for interlocutory appeal, but Judge Daniels declined to do so on June 15, 2010, finding that TLC had not shown that the decision was ripe for appeal.

Pursuant to a stipulation by both parties, Judge Daniels granted the plaintiffs' motion for class certification on August 10, 2011, with the class 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."

On August 26, 2011, the plaintiffs moved for partial summary judgment on their Title II claim, noting that TLC did not dispute that 98% or more of the medallion taxicab fleet was inaccessible to wheelchair users. The defendants cross-moved for summary judgment, arguing that Title II applied to TLC only with respect to discrimination against disabled individuals seeking taxi licenses. TLC also asserted that it was in the process of launching a dispatch program that would allow wheelchair users to receive an immediate dispatch of a wheelchair accessible taxicab without having to hail one on the street and asked the court—if it did find Title II applicable to TLC as to discrimination against taxicab users—to hold resolution of the meaningful access question in abeyance until the new dispatch program was up and running. TLC further argued that the court should decline to exercise supplemental jurisdiction under the City Human Rights Law.

On October 13, 2011, the United States Attorney for the Southern District of New York filed a statement of interest in the case, arguing that Title II(B) applied to TLC as to taxicab users because TLC operated New York City's taxicab system, which qualified as a demand responsive public transportation system under the ADA. According to the statement of interest, TLC violated Title II(B) by failing to provide equivalent access to services for individuals with disabilities.

In November, the Taxicab, Limousine & Paratransit Association, a national organization representing owners and managers of various transportation fleets including taxicabs, filed a brief as amicus curiae on behalf of TLC. Also in November, the Committee for Taxi Safety moved to intervene as a defendant in the case, but the court denied the request on November 23rd.

On December 23, 2011, Judge Daniels entered partial summary judgment in favor of the plaintiffs, holding TLC liable under Title II(A) of the ADA for denying wheelchair users meaningful access to the City's taxicab system, and granted the plaintiffs a temporary injunction. The court ordered TLC to propose a comprehensive plan to provide meaningful access to taxicab service for wheelchair users, and until such a plan was approved by the court, ordered that all new taxi medallions and livery licenses or permits issued by TLC be limited to accessible vehicles. The court granted partial summary judgment in favor of TLC as to Title II(B) of the ADA, finding that TLC did not "operate" the City's taxicab transportation system, since taxicab drivers or fleet owners purchase their own vehicles and independently decide when and where to operate them. 837 F.Supp.2d 268.

On December 30, 2011, TLC appealed the lower court's decision to the U.S. Court of Appeals for the Second Circuit. Judge Daniels denied TLC's request for a stay pending appeal on January 19, 2012.

On June 28, 2012, the Second Circuit vacated both the temporary injunction and partial summary judgment in favor of the plaintiffs. The Second Circuit concluded that although TLC exercised "pervasive control" over the taxicab industry in New York City, it was not mandated by Title II(A) to provide meaningful access to taxis through its licensing and regulatory authority. Instead, citing 28 C.F.R. § 35.130(b)(6) and the Technical Assistance Manual of the Department of Justice, the Second Circuit agreed with the TLC that the ADA prohibited the TLC from refusing to grant licenses to persons with disabilities who were otherwise qualified to own or operate a taxi, but did not obligate the TLC to require that taxi owners provide meaningful access to taxis for persons with disabilities. The appellate court remanded the case and instructed the district court to grant summary judgment in favor of the TLC on the Title II(A) claim. 687 F.3d 63.

Pursuant to the Second Circuit's order, the district court granted the TLC partial summary judgment and dismissed the plaintiffs' Title II(A) claim on March 5, 2013.

On April 5, 2013, the plaintiffs filed a supplemental amended complaint. The amended complaint detailed a new rule passed by the TLC on September 20, 2012, which mandated that all unrestricted taxicab medallion holders replace retired vehicles with a purpose-built Nissan NV200 van that, as designed, was not accessible to wheelchair users because it lacked a ramp or lift to allow them to enter the van independently and safely. The plaintiffs argued that the TLC's new rule violated Section 504 of the Rehabilitation Act and Title II of the ADA because it caused providers of taxi services to directly violate Title III of the ADA, which prohibited private providers of public transportation from purchasing or leasing vans not readily accessible to or usable by individuals with disabilities unless they provided equivalent services to persons with disabilities. The plaintiffs also alleged that the accessible dispatch system implemented by the TLC did not constitute an equivalent service because it resulted in far greater response times for persons with disabilities needing accessible taxis. Incorporating the same arguments, the plaintiffs re-asserted their claim under the New York City Human Rights Law.

In an amended complaint filed on July 12, 2013, the plaintiffs added as defendants the City of New York and then-Mayor Michael Bloomberg, alleging that city representatives actively participated in negotiating the agreement between the City and Nissan for the new inaccessible vans and were therefore liable.

On August 29, 2013, the plaintiffs again moved for partial summary judgment. One month later, on September 25th, the defendants cross-moved for partial summary judgment. The district court heard oral arguments on the motions for summary judgment on October 11, 2013. The parties entered settlement discussions shortly thereafter, and as a result, the court did not make a formal ruling on the matter.

On December 9, 2013, the parties notified that court that they had reached a settlement. Under the agreement, the defendants agreed to commence rulemaking that would require taxicab medallion owners to phase in accessible vehicles until at least 50% of the taxi fleet was comprised of wheelchair accessible vehicles. This conversion to accessible vehicles was to begin either on the date on which an appropriate vehicle became commercially available or January 1, 2016, whichever occurred first. The defendants agreed that at least 50% of the new taxicab vehicles put into circulation from commencement of the conversion plan until the year 2020 would be wheelchair accessible, with the goal of having 50% of the fleet accessible by 2020. The defendants also agreed to regularly report their progress to the plaintiffs.

In mid-December, the Colonial Cab Corp. and the Metropolitan Taxicab Board of Trade moved to intervene as defendants in the case, which was opposed by the named parties.

On February 18, 2014, the court terminated as moot the pending summary judgment motions due to the settlement. Ten days later, the court issued a brief, unexplained order denying the motion to intervene.

Judge Daniels granted preliminary approval of the settlement agreement on June 10, 2014, before granting final approval on September 16, 2014. The court retained jurisdiction to enforce the terms of the settlement through December 31, 2020. 

The parties did not agree on attorneys' fees in the settlement and the plaintiffs moved for an award of attorneys' fees and costs on November 6, 2014. Judge Daniels subsequently referred the matter for mediation before Magistrate Judge Debra C. Freeman. Before the completion of mediation, however, the parties notified the court on August 7, 2015 that they had reached a private agreement on fees.

On July 1, 2020, the plaintiffs notified the court that they did not believe the defendants were on track to achieve accessibility in 50% of all taxicabs as mandated by the settlement agreement. The defendants responded that half of all taxicabs purchased since January 1, 2016 were wheelchair accessible. Judge Daniels again referred the case to Magistrate Judge Freeman for resolution of the dispute over the delay in implementation, and the parties entered discussions to resolve the dispute. 

On April 1, 2021, the parties amended their class settlement in a stipulated agreement. Under the amended terms, the defendants agreed to ensure that no less than 50% of all taxicabs would be accessible vehicles by June 30, 2023, extending the reporting requirement to July 10, 2023. The amended agreement also included a duty to develop and provide accessibility trainings for drivers, including proper securement of passengers and wheelchairs. All future taxicab licenses (whether new or renewed) would require the driver to pass a hands-on demonstration of using securements. 

However, the deadline passed and the defendants still had not met the 50% accessibility goal, indicating in a report to the plaintiffs that only 32% of the authorized medallion taxi fleet was wheelchair accessible. As a result, the plaintiffs filed a motion on February 21, 2024, to enforce the 2021 stipulation. The plaintiffs argued that because the defendants still had not satisfied the terms of the agreement, the court maintained jurisdiction over its enforcement. In response, the defendants moved to vacate some provisions of the settlement and stipulation on March 6, 2024.

As of May 1, 2024, the case is ongoing.

Summary Authors

Deirdre Aaron (6/28/2012)

Kathryn DeLong (7/3/2016)

Sandy Sulzer (12/22/2022)

Rachel Harrington (1/1/2023)

Venesa Haska (3/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4348582/parties/the-taxis-for-all-campaign-v-new-york-city-taxi-and-limousine-commission/


Judge(s)
Attorney for Plaintiff

Aberg, Sarah (New York)

Brooks, Molly A. (New York)

Brown, Daniel L (New York)

Costanzo, Cathy E. (Massachusetts)

Attorney for Defendant

Binder, Robin (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:11-cv-00237

Docket

Noel v. New York Taxi and Limousine Commission

Dec. 15, 2015

Dec. 15, 2015

Docket
1

1:11-cv-00237

Class Action Complaint for Discrimination Injunctive and Declaratory Relief

Jan. 13, 2011

Jan. 13, 2011

Complaint
21

1:11-cv-00237

Order (denying motion to dismiss)

Noel v. New York City Taxi and Limousine Commission

May 25, 2011

May 25, 2011

Order/Opinion
33

1:11-cv-00237

Stipulation and Order Granting Class Certification

Aug. 10, 2011

Aug. 10, 2011

Settlement Agreement

1:11-cv-00237

Press Release

No Court

Dec. 23, 2011

Dec. 23, 2011

Press Release
90

1:11-cv-00237

Memorandum Decision and Order

Noel v. New York Taxi and Limousine Commission

Dec. 23, 2011

Dec. 23, 2011

Order/Opinion

837 F.Supp.2d 837

129

12-00041

Opinion (2nd Cir. vacating TRO)

U.S. Court of Appeals for the Second Circuit

June 28, 2012

June 28, 2012

Order/Opinion

687 F.3d 687

104

1:11-cv-00237

Supplemental Amended Complaint for Declaratory and Injunctive Relief

April 5, 2013

April 5, 2013

Complaint
116

1:11-cv-00237

First Supplemental Amended Complaint for Declaratory and Injunctive Relief

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

July 12, 2013

July 12, 2013

Complaint
196-1

1:11-cv-00237

Settlement Agreement

June 6, 2014

June 6, 2014

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4348582/the-taxis-for-all-campaign-v-new-york-city-taxi-and-limousine-commission/

Last updated May 1, 2024, 2:12 p.m.

ECF Number Description Date Link Date / Link
1

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)

Jan. 13, 2011

Jan. 13, 2011

Clearinghouse
2

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)

Jan. 13, 2011

Jan. 13, 2011

PACER
3

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)

Jan. 14, 2011

Jan. 14, 2011

PACER
4

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)

Jan. 24, 2011

Jan. 24, 2011

PACER
5

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)

Jan. 24, 2011

Jan. 24, 2011

PACER
6

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)

Feb. 1, 2011

Feb. 1, 2011

PACER
8

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)

Feb. 2, 2011

Feb. 2, 2011

PACER
7

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)

Feb. 3, 2011

Feb. 3, 2011

PACER
9

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)

Feb. 7, 2011

Feb. 7, 2011

PACER
10

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)

Feb. 14, 2011

Feb. 14, 2011

PACER
11

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)

Feb. 14, 2011

Feb. 14, 2011

PACER
12

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)

Feb. 22, 2011

Feb. 22, 2011

PACER
13

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)

March 3, 2011

March 3, 2011

PACER
14

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)

March 3, 2011

March 3, 2011

PACER
15

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)

March 11, 2011

March 11, 2011

PACER
16

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)

March 16, 2011

March 16, 2011

PACER
17

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)

March 23, 2011

March 23, 2011

PACER
18

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)

March 24, 2011

March 24, 2011

PACER
19

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)

May 9, 2011

May 9, 2011

PACER
20

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)

May 12, 2011

May 12, 2011

PACER
21

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)

May 25, 2011

May 25, 2011

Clearinghouse
22

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)

June 7, 2011

June 7, 2011

PACER
23

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)

June 7, 2011

June 7, 2011

PACER
24

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)

June 16, 2011

June 16, 2011

PACER
25

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)

June 17, 2011

June 17, 2011

PACER
26

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)

June 23, 2011

June 23, 2011

PACER
27

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)

June 23, 2011

June 23, 2011

PACER
28

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)

June 23, 2011

June 23, 2011

PACER
29

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)

July 13, 2011

July 13, 2011

PACER
30

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)

July 15, 2011

July 15, 2011

PACER
31

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)

July 21, 2011

July 21, 2011

PACER
32

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)

July 26, 2011

July 26, 2011

PACER
33

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)

Aug. 10, 2011

Aug. 10, 2011

Clearinghouse
34

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)

Aug. 15, 2011

Aug. 15, 2011

PACER
35

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)

Aug. 26, 2011

Aug. 26, 2011

PACER
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. Responses due by 9/23/2011(Pinover, Julia) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
37

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)

Aug. 26, 2011

Aug. 26, 2011

Clearinghouse
38

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)

Aug. 26, 2011

Aug. 26, 2011

PACER
39

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)

Aug. 26, 2011

Aug. 26, 2011

PACER
40

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)

Aug. 26, 2011

Aug. 26, 2011

PACER
41

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

Aug. 26, 2011

Aug. 26, 2011

RECAP
42

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)

Aug. 26, 2011

Aug. 26, 2011

PACER
43

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)

Aug. 26, 2011

Aug. 26, 2011

PACER
44

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)

Aug. 30, 2011

Aug. 30, 2011

PACER
45

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)

Sept. 23, 2011

Sept. 23, 2011

PACER
46

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)

Sept. 23, 2011

Sept. 23, 2011

PACER
47

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)

Sept. 23, 2011

Sept. 23, 2011

PACER
48

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)

Sept. 23, 2011

Sept. 23, 2011

PACER
49

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)

Sept. 23, 2011

Sept. 23, 2011

Clearinghouse
50

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)

Sept. 28, 2011

Sept. 28, 2011

PACER
51

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)

Oct. 3, 2011

Oct. 3, 2011

Clearinghouse
52

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)

Oct. 3, 2011

Oct. 3, 2011

PACER
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. Responses due by 10/17/2011(Pinover, Julia) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

PACER
54

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)

Oct. 3, 2011

Oct. 3, 2011

PACER
55

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)

Oct. 3, 2011

Oct. 3, 2011

PACER
56

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)

Oct. 3, 2011

Oct. 3, 2011

PACER
57

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)

Oct. 11, 2011

Oct. 11, 2011

PACER
58

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)

Oct. 11, 2011

Oct. 11, 2011

PACER
59

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)

Oct. 11, 2011

Oct. 11, 2011

PACER
60

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)

Oct. 13, 2011

Oct. 13, 2011

PACER
61

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)

Oct. 13, 2011

Oct. 13, 2011

PACER
62

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)

Oct. 14, 2011

Oct. 14, 2011

PACER
63

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)

Oct. 28, 2011

Oct. 28, 2011

PACER
64

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)

Oct. 28, 2011

Oct. 28, 2011

PACER
65

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)

Oct. 28, 2011

Oct. 28, 2011

PACER
66

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)

Oct. 28, 2011

Oct. 28, 2011

PACER
67

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)

Oct. 28, 2011

Oct. 28, 2011

PACER
68

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)

Oct. 28, 2011

Oct. 28, 2011

PACER
69

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)

Nov. 4, 2011

Nov. 4, 2011

PACER
70

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)

Nov. 15, 2011

Nov. 15, 2011

PACER
71

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

Nov. 16, 2011

Nov. 16, 2011

PACER
72

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)

Nov. 16, 2011

Nov. 16, 2011

PACER
73

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)

Nov. 16, 2011

Nov. 16, 2011

PACER
74

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

Nov. 16, 2011

Nov. 16, 2011

PACER
75

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)

Nov. 16, 2011

Nov. 16, 2011

PACER
76

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)

Nov. 16, 2011

Nov. 16, 2011

PACER
77

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)

Nov. 16, 2011

Nov. 16, 2011

PACER
78

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)

Nov. 17, 2011

Nov. 17, 2011

PACER
79

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

Nov. 18, 2011

Nov. 18, 2011

PACER
80

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

Nov. 18, 2011

Nov. 18, 2011

PACER
81

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

Nov. 18, 2011

Nov. 18, 2011

PACER
82

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)

Nov. 18, 2011

Nov. 18, 2011

PACER
83

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)

Nov. 18, 2011

Nov. 18, 2011

PACER
84

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

Nov. 18, 2011

Nov. 18, 2011

PACER
85

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)

Nov. 23, 2011

Nov. 23, 2011

PACER
86

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)

Nov. 23, 2011

Nov. 23, 2011

PACER
87

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)

Nov. 23, 2011

Nov. 23, 2011

PACER
88

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)

Dec. 7, 2011

Dec. 7, 2011

PACER
89

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)

Dec. 7, 2011

Dec. 7, 2011

PACER
90

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)

Dec. 23, 2011

Dec. 23, 2011

Clearinghouse
91

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)

Dec. 30, 2011

Dec. 30, 2011

PACER
92

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)

Jan. 6, 2012

Jan. 6, 2012

PACER
93

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)

Jan. 11, 2012

Jan. 11, 2012

PACER
94

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)

Jan. 11, 2012

Jan. 11, 2012

PACER
95

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)

Jan. 11, 2012

Jan. 11, 2012

PACER
96

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)

Jan. 19, 2012

Jan. 19, 2012

PACER
97

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)

Feb. 17, 2012

Feb. 17, 2012

PACER
98

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)

Feb. 17, 2012

Feb. 17, 2012

PACER
99

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)

June 28, 2012

June 28, 2012

PACER
100

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)

Oct. 1, 2012

Oct. 1, 2012

RECAP

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 13, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

New York City Residents who rely on wheelchairs for mobility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

NYC Taxi and Limousine Commission (New York City), City

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Reporting

Order Duration: 2014 - None

Issues

General/Misc.:

Access to public accommodations - governmental

Access to public accommodations - privately owned

Barrier Removal

Transportation

Disability and Disability Rights:

Mobility impairment

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)