Case: Barrier Busters v. City of Erie

1:02-cv-00203 | U.S. District Court for the Western District of Pennsylvania

Filed Date: June 27, 2002

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 27, 2002, Barrier Busters (a disability advocacy group) and a class of disabled individuals filed a lawsuit in the United States District Court for the Western District of Pennsylvania against the City of Erie, PA. The Plaintiffs alleged that the city of Erie had frequently failed to install mandatory curb cuts and to otherwise comply with the accessibility mandates of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq., when it performed road and sidewalk construction…

On June 27, 2002, Barrier Busters (a disability advocacy group) and a class of disabled individuals filed a lawsuit in the United States District Court for the Western District of Pennsylvania against the City of Erie, PA. The Plaintiffs alleged that the city of Erie had frequently failed to install mandatory curb cuts and to otherwise comply with the accessibility mandates of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq., when it performed road and sidewalk construction and alterations since the ADA was passed in 1992.

The parties entered a court-approved Partial Consent Decree on March 18, 2003. On September 16, 2003, the parties entered a Second Partial Consent Decree and Partial Settlement; a third consent decree was entered on April 1, 2004, and a fourth on February 2, 2005. The Clearinghouse has not obtained these consent decrees, but it is clear from later documents that Erie made substantial commitments to both ensure adherence to the ADA curb cut requirements for new roads and future resurfacing projects, and to retrofit with curb cuts all areas where roads were built or resurfaced after the January 26, 1992 effective date of the ADA. Erie committed to make annual reports showing where new road work had taken place and where new curb cuts were built. The consent agreements also recognized that Erie was not responsible for the non-compliance of state roads and highways in Erie that were resurfaced by the Pennsylvania Department of Transportation.

In 2006, a separate case was filed against PennDOT, addressing the issues of ADA compliance and curb cuts on state roads in Erie. See Voices for Independence v. Pennsylvania Department of Transportation in related cases. The plaintiffs in Voices for Independence were represented by the same attorneys as the plaintiffs in this case.

In 2010, the Plaintiffs observed that the City of Erie's street resurfacing in 2007, 2008, 2009 and 2010 should have triggered the construction of ADA-compliant curb cuts, but none were built, contrary to the earlier agreements. On September 27, 2011, the court entered a stipulated order under which Erie agreed to retrofit these sites with curb cuts and to pay Plaintiffs $31,000 in attorneys' fees and costs for the period from March 11, 2011, to August 26, 2011. This stipulated order did not abrogate the earlier Consent Agreements.

Nevertheless, Erie failed to install curb cuts. In an attempt to correct the problem, the parties agreed to a second stipulated order on August 31, 2012. The city promised to take remedial action to install these curb cuts and agreed to pay an unspecified amount to the plaintiffs for attorneys' fees and costs.

On April 18, 2013, the Third Stipulated Order was entered, which changed Erie's reporting obligations to the plaintiffs to make the process more efficient. Erie agreed to pay an unspecified amount to the Plaintiffs for attorneys' fees and costs. The Third Stipulated Order was amended on May 22, 2014, to mandate that construction work performed on or before August 5 must include curb ramps within the same construction season. The City also committed to use “best efforts” to complete 70% of curb ramps within the same calendar year for construction performed after August 5; plaintiffs agreed that, when necessary, construction could be delayed until June 30 of the next calendar year.

On March 11, 2015, plaintiffs moved to enforce the consent decrees. They alleged that the City violated the consent decrees for “an unspecified number of years” by installing fewer than six curb ramps at “T”-shaped intersections and fewer than eight curb ramps at “+”-shaped intersections. After discussions between the parties, Judge Baxter approved a fifth consent decree on May 27, 2015. The Fifth Consent Decree required the City to install 6 or 8 ramps, as appropriate, in all future construction. It also required the City to add ramps across the “leg” of the T in “T”-shaped intersections missing them at a rate of at least 75 ramps per year and included associated reporting requirements.

Three years later, a new disagreement emerged about what kinds of intersections had to be retrofitted with curb ramps. Plaintiffs asserted that adding a thin layer of asphalt to a concrete intersection was an “alteration” under the ADA that required installation curb ramps. Erie disagreed. It argued that it is only required to add curb ramps when replacing old asphalt with new asphalt at asphalt intersections. On September 26, 2018, the court entered the Fourth Stipulated Order, which adopted plaintiffs’ view based on June, 2013 U.S. Department of Transportation guidelines. The Order required:

  • Installation of curb ramps at previously altered asphalt intersections at a rate of at least 125 ramps per year, estimated to finish by the end of 2024.

  • Installation of at least 125 curb ramps at previously altered concrete intersections by the end of 2025.

However, the parties could not reach an agreement on whether there was a legal requirement to install curb ramps at concrete intersections altered prior to July, 2013. Erie preserved its right to litigate this issue in the Fourth Stipulated Order.

As of March 29, 2021, the consent decrees and stipulated orders remain in effect. The defendants continue to file annual status reports. The most recent status report was filed on February 2, 2021 and the case is ongoing.

Summary Authors

Alex Colbert-Taylor (6/13/2013)

Timothy Leake (11/16/2018)

Alex Moody (5/20/2020)

Related Cases

Voices for Independence v. Meadville, Western District of Pennsylvania (2004)

Voices for Independence v. Pennsylvania Department of Transportation, Western District of Pennsylvania (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7937438/parties/barrier-busters-v-city-of-erie-pennsylvania/


Judge(s)

Baxter, Susan Paradise (Pennsylvania)

McLaughlin, Sean J. (Pennsylvania)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Markham, Craig A. (Pennsylvania)

Attorneys(s) for Defendant

Villella, Gerald (Pennsylvania)

Judge(s)

Baxter, Susan Paradise (Pennsylvania)

McLaughlin, Sean J. (Pennsylvania)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Markham, Craig A. (Pennsylvania)

Attorneys(s) for Defendant

Villella, Gerald (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

Feb. 2, 2021 Docket

Barrier Busters v. City of Erie - United States' Memorandum in Support of Plaintiffs’ Opposition to Defendants’ Motion to Restrict Plaintiffs’ Action to A Two-Year Pre-Filing Period

Aug. 8, 2003 Pleading / Motion / Brief
42

Stipulated Order Regarding Interpretation Among Plaintiffs and Defendant City of Erie

Sept. 27, 2011 Order/Opinion
48

2011 Progress Report of City of Erie, Pennsylvania ADA Curb Ramp Program

No Court

Jan. 31, 2012 Findings Letter/Report
50

Second Stipulated Order Between Plaintiffs and Defendant Erie

Aug. 31, 2012 Order/Opinion
52

Third Stipulated Order Among Plaintiffs and Defendant City of Erie

April 15, 2013 Settlement Agreement
55

Amended Third Stipulated Order Among Plaintiffs and Defendant City of Erie

May 22, 2014 Pleading / Motion / Brief
70

Fifth Consent Decree Among Plaintiffs and Defendant City of Erie

May 26, 2015 Pleading / Motion / Brief
85

Fourth Stipulated Order Among Plaintiffs and Defendant City of Erie

Sept. 21, 2018 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7937438/barrier-busters-v-city-of-erie-pennsylvania/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 02-501 (nk) Modified on 07/10/2002 (Entered: 06/27/2002)

June 27, 2002 PACER
2

DISCLOSURE statement by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN (nk) (Entered: 06/27/2002)

June 27, 2002 PACER
3

ORDER, Referring Case to Magistrate Judge Susan P. Baxter as more fully stated in Order ( signed by Judge Sean J. McLaughlin on 6/28/02 ) CM all parties of record. (nk) (Entered: 06/28/2002)

June 28, 2002 PACER
4

RETURN OF SERVICE executed as to CITY OF ERIE, PENNSYLVANIA/CITY SOLICITOR AND MAYOR 6/27/02 Answer due on 7/17/02 for CITY OF ERIE, PENNSYLVANIA/CITY SOLICITOR AND MAYOR (nk) (Entered: 07/09/2002)

July 9, 2002 PACER
5

ANSWER to Complaint by CITY OF ERIE, PENNSY (Attorney Gerald J. Villella) (nk) (Entered: 07/17/2002)

July 17, 2002 PACER
6

Case Management Conference set for 10:00 7/30/02 before Baxter, M.J. in Room 227, U.S. Courthouse. (mad) (Entered: 07/19/2002)

July 19, 2002 PACER
7

CASE MANAGEMENT ORDER Plaintiffs will file motion for class certification or consent to class certification before 9/28/02. Defendant may oppose any motion for class certification by brief filed before 10/28/02 - setting Discovery cutoff on 2/21/03 ; Motion Filing deadline due 11/27/02 ; Response to motions due 12/17/02 ; All other pretrial deadlines will be set after 2/21/03. ( signed by Magistrate Judge Susan P. Baxter on 8/6/02 ) CM all parties of record. (nk) (Entered: 08/07/2002)

Aug. 6, 2002 PACER
8

MOTION with Brief in Support by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN to Certify Class (nk) (Entered: 09/27/2002)

Sept. 27, 2002 PACER
9

MOTION by CITY OF ERIE, PENNSY to restrict Plaintiff's Action to a two-year pre-filing period with Proposed Order. (nk) (Entered: 11/27/2002)

Nov. 27, 2002 PACER
10

BRIEF by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN in opposition to [9-1] motion to restrict Plaintiff's Action to a two-year pre-filing period by CITY OF ERIE, PENNSY (nk) (Entered: 12/17/2002)

Dec. 17, 2002 PACER
11

MOTION for Leave to participate as Amicus Curiae with Proposed Order. (nk) (Entered: 12/20/2002)

Dec. 20, 2002 PACER
12

BRIEF in support of [11-1] motion for Leave to participate as Amicus Curiae (nk) (Entered: 12/20/2002)

Dec. 20, 2002 PACER
13

ORDER granting [11-1] motion for Leave to participate as Amicus Curiae ( signed by Magistrate Judge Susan P. Baxter on 1/13/03 ) CM all parties of record. (nk) (Entered: 01/14/2003)

Jan. 14, 2003 PACER
14

PARTIAL CONSENT DECREE by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 02/11/2003)

Feb. 11, 2003 PACER
15

Notice of Status Conference set for 9:30 a.m. on 3/17/03 before the Honorable Judge Susan Paradise Baxter in Room 227, U.S. Courthouse, Erie, PA (nk) (Entered: 03/11/2003)

March 10, 2003 PACER
16

Status Conference held on 3/17/03 at 9:35 a.m. before Magistrate Judge Susan P. Baxter [ Reporter: 3/17/03 ] The pending Motions (#8 and #9) are taken under advisement. Defendant's Motion to restrict action (#) will be construed by this Court as a motion for summary judgment. A settlement conference is tentatively scheduled for Wednesday, May 7, 2003 at 10:00 a.m. (nk) (Entered: 03/17/2003)

March 17, 2003 PACER

ORDER upon motion granting [14-1] decree consent ( signed by Judge Sean J. McLaughlin on 3/18/03 ) CM all parties of record. (nk)

March 18, 2003 PACER
17

Hearing on Follow up Status Conference that was held on 3/17/03. Follow up held on 3/21/03 at 9:00 a.m. before Magistrate Judge Susan P. Baxter [ Reporter: Ron Bench ] (nk) (Entered: 03/21/2003)

March 21, 2003 PACER
18

REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 3/26/03 Recommending that [8-1] motion to Certify Class be granted ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (nk) (Entered: 03/26/2003)

March 26, 2003 PACER
19

REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 3/26/03 Recommending that granting in part, denying in part [9-1] motion to restrict Plaintiff's Action to a two-year pre-filing period ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (nk) (Entered: 03/26/2003)

March 26, 2003 PACER
20

Settlement Conference set for 3:00 p.m. on 6/11/03 in Room 302, U.S. Courthouse, 617 State Street, Erie, PA. (nk) (Entered: 06/04/2003)

June 4, 2003 PACER
21

Status Conference held on 6/19/03 at 1:45 p.m. before Magistrate Judge Susan P. Baxter [ Reporter: n/a ] Agree to revised consent decree. Monthly reports; revisions done by 12/31/03. Final orders will be foward to District Judge. R & R Orders will be published. January 14, 2004 Status Conference. (nk) (Entered: 06/19/2003)

June 19, 2003 PACER
22

Status Conference held on 6/26/03 at 3:30 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Parties are directed to files a supp. brief of the adequacy of class representations within 10 days. (nk) (Entered: 07/15/2003)

June 26, 2003 PACER
23

MEMORANDUM by CITY OF ERIE, PENNSY to [8-1] motion to Certify Class by CAROLYN CREHAN, MARY ANN PARSNIK, MICHAEL EAKIN, SHONA EAKIN, BARRIER BUSTERS (nk) (Entered: 07/21/2003)

July 21, 2003 PACER
24

Status Conference held on 7/24/03 at 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Amended Complaint to be filed within one week. No answer to the amended complaint will be required as oonly the request for monetary relief will change. Second partial consent decree will be filed within one week. (nk) (Entered: 07/24/2003)

July 24, 2003 PACER
25

Stipulation by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN Dismissing Claims for Damages with proposed order. (nk) (Entered: 07/28/2003)

July 28, 2003 PACER

ORDER upon motion granting [25-1] stipulation Dismissing Claims for Damages ( signed by Judge Sean J. McLaughlin on 7/29/03 ) CM all parties of record. (nk)

July 29, 2003 PACER
26

ORDER, adopting [19-1] report and recommendations ( signed by Judge Sean J. McLaughlin on 7/30/03 ) CM all parties of record. (nk) (Entered: 07/30/2003)

July 30, 2003 PACER
27

JOINT MOTION by UNITED STATES OF AMERICA AND BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN for adoption of report and recommendation concerning statute of limitations for injunctive relief with Proposed Order. (nk) (Entered: 08/08/2003)

Aug. 8, 2003 PACER
28

MEMORANDUM ORDER, adopting [19-1] report and recommendations in part, Specifically, this Court adots the recommendation that Defendant's motion for summary judgment be denied as to the class, thereby allowing the class to litigate its claims as to the time period from 1992 through the present. IT IS FURTHER ORDERED taht the Report and Recommendation relative to the limitations period for the recovery of monetary damages by the individual plaintiff's is not adopted as the issue has been rendered moot by the withdrawal of these claims ( signed by Judge Sean J. McLaughlin on 8/8/03 ) CM all parties of record. (nk) (Entered: 08/11/2003)

Aug. 8, 2003 PACER
29

ORDER, That Parties are to Show Cause before 8/20/03, for failure to file the second partial consent decree, as ordered by Judge McLaughlin on 7/24/03 ( signed by Magistrate Judge Susan P. Baxter on 8/13/03 ) CM all parties of record. (nk) Modified on 08/13/2003 (Entered: 08/13/2003)

Aug. 13, 2003 PACER
30

ORDER dismissing as moot [27-1] joint motion for adoption of report and recommendation concerning statute of limitations for injunctive relief ( signed by Judge Sean J. McLaughlin on 8/14/03 ) CM all parties of record. (nk) (Entered: 08/14/2003)

Aug. 14, 2003 PACER
31

JOINT MOTION and BRIEF IN SUPPORT by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY for entry of second consent decree and partial settlement with Proposed Order. (nk) Modified on 08/20/2003 (Entered: 08/18/2003)

Aug. 18, 2003 PACER
32

ORDER, That Defendant, City of Erie is to Show Cause befor September 19, 2003 for failure to file a second partial consent decree signed by the City, as Ordered by Judge McLaughlin on 7/24/03 ( signed by Magistrate Judge Susan P. Baxter on 9/8/03 ) CM all parties of record. (nk) (Entered: 09/08/2003)

Sept. 8, 2003 PACER
33

Certification regarding second consent decree and partial settlement (nk) (Entered: 09/10/2003)

Sept. 10, 2003 PACER

ORDER upon motion granting [31-1] joint motion for entry of second consent decree and partial settlement ( signed by Judge Sean J. McLaughlin on 9/12/03 ) CM all parties of record. (nk)

Sept. 16, 2003 PACER
34

Status Conference held on 1/14/04 at 1:35 p.m. before Magistrate Judge Susan P. Baxter [ Reporter: 1/14/04 ] Third Consent Decree due by 2/13/04. Status Conference set for 11/3/04 (nk) (Entered: 01/15/2004)

Jan. 14, 2004 PACER
35

THIRD CONSENT DECREE by CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 03/12/2004)

March 11, 2004 PACER
36

THIRD CONSENT DECREE by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN with proposed order. (nk) (Entered: 04/01/2004)

April 1, 2004 PACER

ORDER upon motion granting [36-1] decree consent ( signed by Judge Sean J. McLaughlin on 4/29/04 ) CM all parties of record. (nk)

April 29, 2004 PACER
37

Notice of Status Conference rescheduled for 1:30 p.m. on 11/10/04 before the Honorable Susan Paradise Baxter in Room A280, United States Courthouse, Erie, PA (nk) (Entered: 10/26/2004)

Oct. 26, 2004 PACER
38

Status Conference held on 11/10/04 at 1:40 p.m. before Magistrate Judge Susan P. Baxter [ Reporter: Sonya Hoffman ] Consent Decree to be filed by Wednesday, 11/24/04 (nk) (Entered: 11/15/2004)

Nov. 12, 2004 PACER
39

CONSENT to trial before Magistrate by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 12/17/2004)

Dec. 17, 2004 PACER

ORDER upon motion granting [39-1] Magistrate trial ( signed by Judge Sean J. McLaughlin on 12/22/04 ) CM all parties of record. (nk)

Dec. 22, 2004 PACER

CASE assigned to Magistrate Judge Susan P. Baxter (nk)

Dec. 22, 2004 PACER

CASE NO LONGER REFERRED TO Magistrate Judge Susan P. Baxter (nk)

Dec. 22, 2004 PACER
40

CONSENT DECREE by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 12/27/2004)

Dec. 23, 2004 PACER

ORDER upon motion granting [40-1] decree consent ( signed by Magistrate Judge Susan P. Baxter on 1/31/05 ) CM all parties of record. (nk)

Feb. 2, 2005 PACER
41

Fairness Hearing Held on 3/11/05 at 10:05 a.m. before th Honorable U.S. Magistrate Judge Susan Paradise Baxter [ Reporter: Ron Bench] No objections to settlement; Court rules from the Bench that class action settlement is approved; Clerk is directed to Close this Case. (nk) (Entered: 03/11/2005)

March 11, 2005 PACER

Case closed (nk)

March 11, 2005 PACER
42

STIPULATION Of All Parties For Entry of Court Order by BARRIER BUSTERS. (Markham, Craig) (Entered: 09/27/2011)

Sept. 27, 2011 PACER
43

Proposed Order re 42 Stipulation by BARRIER BUSTERS. (Markham, Craig) (Entered: 10/04/2011)

Oct. 4, 2011 PACER
44

ORDER, that upon consideration of the Stipulated Order Regarding Interpretation among Plaintiffs and Defendant City of Erie 42, the Stipulated Order is hereby approved, accepted and entered. Signed by Judge Susan Paradise Baxter on 10/4/11. (lrw) (Entered: 10/04/2011)

Oct. 4, 2011 PACER
45

CERTIFICATE of Compliance re 43 Proposed Order Notice of Filing Reports by Gerald J. Villella on behalf of CITY OF ERIE, PENNSYLVANIA (Villella, Gerald) Modified on 10/17/2011 DVD stored at Clerks Office dm) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
46

CONSENT DECREE by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) Modified on 2/16/2012 removed from public view; document refiled at 48 per attorney (Entered: 02/14/2012)

Feb. 14, 2012 PACER
47

NOTICE of Filing of Executive Summary 2011 Curb Report by CITY OF ERIE, PENNSYLVANIA re 46 Consent Decree (Villella, Gerald) (Entered: 02/14/2012)

Feb. 14, 2012 PACER
48

NOTICE of FIling 2011 Curb Report-Full by CITY OF ERIE, PENNSYLVANIA (Villella, Gerald) (Entered: 02/14/2012)

Feb. 14, 2012 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 46 Consent Decree. ERROR: Incorrect document attached. CORRECTION: Attorney advised to refile the document, using the Errata event and attach the correct document. This message is for informational purposes only. (dm)

Feb. 15, 2012 PACER

TEXT ORDER, at the request of the parties, a Status Conference has been set for 7/26/2012 11:30 AM before Magistrate Judge Susan Paradise Baxter. Signed by Magistrate Judge Susan Paradise Baxter on 7/25/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw)

July 25, 2012 PACER
49

Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Status Conference held on 7/26/2012. Parties are working to identify non-compliance, and intend to enter a further Consent Decree. (Court Reporter: Ron Bench) (lrw) (Entered: 07/26/2012)

July 26, 2012 PACER
50

CONSENT DECREE by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit one, # 2 Exhibit two, # 3 Exhibit three) (Markham, Craig) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
51

NOTICE Of Filing 2012 Progress Report by CITY OF ERIE, PENNSYLVANIA (Villella, Gerald) (Entered: 02/22/2013)

Feb. 22, 2013 PACER
52

SETTLEMENT AGREEMENT Third Stipulated Order filed by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 04/17/2013)

April 17, 2013 PACER
53

ORDER, upon consideration of the Third Stipulated Order Among Plaintiffs and Defendant, City of Erie, the Stipulated Order is hereby approved, accepted and entered. The Court retains jurisdiction to enforce this Third Stipulated Order. Signed by Magistrate Judge Susan Paradise Baxter on 4/18/13. (lrw) (Entered: 04/18/2013)

April 18, 2013 PACER
54

STATUS REPORT 2013 Curb Ramps by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
55

STIPULATION Amended Third Stipulated Order by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 05/22/2014)

May 22, 2014 PACER
56

ORDER re 55 Stipulation filed by MICHAEL EAKIN, CAROLYN CREHAN, SHONA EAKIN, MARY ANN PARSNIK, BARRIER BUSTERS; that the Amended Third Stipulated Order is approved, accepted and entered. The court retains jurisdiction to enforce this Amended Third Stipulated Order. Signed by Magistrate Judge Susan Paradise Baxter on 6/26/14. (lrw) (Entered: 06/27/2014)

June 27, 2014 PACER
57

STATUS REPORT 2014 Curb Ramp Report by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 02/05/2015)

Feb. 5, 2015 PACER
58

MOTION to Enforce Consent Decrees filed by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (Markham, Craig) (Entered: 03/11/2015)

March 11, 2015 PACER
59

EXHIBITS D of Document 58 in Support by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit D) (Markham, Craig) (Entered: 03/11/2015)

March 11, 2015 PACER
60

TEXT ORDER Response/Briefing Schedule re 58 Motion to Enforce: Response to Motion due by 3/26/2015. Signed by Magistrate Judge Susan Paradise Baxter on 3/12/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/12/2015)

March 12, 2015 PACER
61

REPLY to Response to Motion re 58 Motion to Enforce Consent Decrees filed by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit DOJ/DOT July 2013 Joint Technical Assistance) (Villella, Gerald) Modified on 3/26/2015 removed from public view; refiled at 62 (dm) (Entered: 03/26/2015)

March 26, 2015 PACER
62

RESPONSE to Motion re 58 MOTION to Enforce Consent Decrees filed filed by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit) (dm) (Entered: 03/26/2015)

March 26, 2015 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 61 Reply to Response to Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as Response to Motion. This message is for informational purposes only. (dm)

March 26, 2015 PACER
63

TEXT ORDER Setting Hearing on Motion 58 MOTION to Enforce Consent Decrees: Motion Hearing set for 5/7/2015 10:00 AM in Courtroom B - Erie before Magistrate Judge Susan Paradise Baxter. Signed by Magistrate Judge Susan Paradise Baxter on 3/31/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/31/2015)

March 31, 2015 PACER
64

BRIEF in Support re 58 Motion to Enforce Consent Decrees filed by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Markham, Craig) (Entered: 04/21/2015)

April 21, 2015 PACER
65

TEXT ORDER Response/Briefing Schedule re 64 Brief in Support of Motion. Response due by 5/4/2015. Signed by Magistrate Judge Susan Paradise Baxter on 4/22/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 04/22/2015)

April 22, 2015 PACER
66

REPLY BRIEF In Response to Plaintiffs filed by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 05/04/2015)

May 4, 2015 PACER
67

Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Motion Hearing held on 5/7/2015 re 58 MOTION to Enforce Consent Decrees filed by MICHAEL EAKIN, CAROLYN CREHAN, SHONA EAKIN, MARY ANN PARSNIK, BARRIER BUSTERS. Case remains closed. Argument on motion to enforce taken under advisement. (Court Reporter: Ron Bench) (Attachments: # 1 Exhibit E Partial Consent Decree filed 2/11/2003, # 2 Exhibit F Second Consent Decree dated July 2003, # 3 Exhibit G Third Consent Decree dated April 2004, # 4 Exhibit H Fourth and Final Consent Decree filed February 2005) (lrw) (Entered: 05/07/2015)

May 7, 2015 PACER
68

TEXT ORDER. Parties may file supplemental briefs by May 15, 2015. Signed by Magistrate Judge Susan Paradise Baxter on 5/8/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (css) (Entered: 05/08/2015)

May 8, 2015 PACER
69

TEXT ORDER. The parties have advised the Court that they are engaging in settlement discussions on the pending motion to enforce. The deadline for filing supplemental briefs on that motion is hereby extended until May 29, 2015. Signed by Magistrate Judge Susan Paradise Baxter on 5/15/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (css) (Entered: 05/15/2015)

May 15, 2015 PACER
70

CONSENT DECREE by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2- illustration A, # 3 Exhibit 3-illustration B, # 4 Exhibit 4-illustration C, # 5 Proposed Order) (Markham, Craig) (Entered: 05/26/2015)

May 26, 2015 PACER
71

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/7/2015 before Judge Susan Paradise Baxter. Court Reporter/Transcriber Ronald Bench, Telephone number 814-464-9613. 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. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 6/2/2015. Redaction Request due 6/16/2015. Redacted Transcript Deadline set for 6/26/2015. Release of Transcript Restriction set for 8/24/2015. (dm) (Entered: 05/26/2015)

May 26, 2015 PACER
72

ORDER that the Fifth Consent Decree is approved, accepted and entered. The court retains jurisdiction to enforce this Fifth Consent Decree. Signed by Magistrate Judge Susan Paradise Baxter on 5/27/15. (lrw) (Entered: 05/27/2015)

May 27, 2015 PACER
73

TEXT ORDER dismissing as moot 58 Motion to Enforce, in light of the filing of the 72 consent decree. Signed by Magistrate Judge Susan Paradise Baxter on 5/28/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 05/28/2015)

May 28, 2015 PACER
74

Addendum by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK in Support of 70 Consent Decree. (Attachments: # 1 Exhibit T listing) (Markham, Craig) (Entered: 11/17/2015)

Nov. 17, 2015 PACER
75

Approved Fifth Consent Decree. Signed by Magistrate Judge Susan Paradise Baxter on 11/20/15. (lrw) (Entered: 11/20/2015)

Nov. 20, 2015 PACER
76

STATUS REPORT 2015 Curb Ramps by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 02/05/2016)

Feb. 5, 2016 PACER
77

STATUS REPORT CURB RAMPS 6-1-2017 by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 06/05/2017)

June 5, 2017 PACER
78

NOTICE of Filing Annual Report by CITY OF ERIE, PENNSYLVANIA (Attachments: # 1 Exhibit, # 2 Certificate of Mailing) (Karle, Gregory) (Entered: 12/01/2017)

Dec. 1, 2017 PACER
79

MOTION to Withdraw as Attorney and Substitute Counsel by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 certificate of mailing) (Karle, Gregory) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
80

MOTION to Withdraw as Attorney and Substitute Counsel by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Certificate of Mailing) (Villella, Gerald) (Entered: 12/29/2017)

Dec. 29, 2017 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 80 Motion to Withdraw as Attorney, 79 Motion to Withdraw as Attorney. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (dm)

Jan. 2, 2018 PACER
81

NOTICE OF FILING 2017 PROGRESS REPORT by CITY OF ERIE, PENNSYLVANIA (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Zak, Kenneth) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
82

NOTICE of Appearance by Catherine Moodey Doyle on behalf of CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Certificate of Service) (Doyle, Catherine) (Entered: 04/26/2018)

April 26, 2018 PACER
83

SUPPLEMENT by CITY OF ERIE, PENNSYLVANIA to 81 Notice. (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Doyle, Catherine) (Entered: 04/26/2018)

April 26, 2018 PACER
84

TEXT ORDER granting 79 Motion to Withdraw as Attorney; granting 80 Motion to Withdraw as Attorney. Attorney Gregory A. Karle and Gerald J. Villella terminated. Signed by Magistrate Judge Susan Paradise Baxter on 4/26/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 04/26/2018)

April 26, 2018 PACER
85

STIPULATION and Proposed Order by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order) (Markham, Craig) (Entered: 09/21/2018)

Sept. 21, 2018 PACER
86

STIPULATION AND ORDER: Upon consideration of the Fourth Stipulated Order Among Plaintiffs and Defendant, City of Erie, it is hereby ORDERED, ADJUDGED and DECREED that the Fourth Stipulated Order is approved, accepted and entered. The court retains jurisdiction to enforce this Fourth Stipulated Order Signed by Judge Susan Paradise Baxter on 9/26/18. (lrw) (Entered: 09/26/2018)

Sept. 26, 2018 PACER
87

STATUS REPORT Notice of Filing Annual Report by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit) (Doyle, Catherine) (Entered: 01/31/2019)

Jan. 31, 2019 PACER

State / Territory: Pennsylvania

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: June 27, 2002

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Barrier Busters, a disability advocacy group, and a class of disabled individuals, alleging that Erie, PA failed to provide adequate curb cuts as required by the ADA.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Erie, PA (Erie, Erie), City

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Amount Defendant Pays: Unknown

Order Duration: 2003 - 2025

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

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

Implement complaint/dispute resolution process

Reasonable Accommodation

Reporting

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Disparate Impact

Reasonable Accommodations

Reasonable Modifications

Sidewalks

Transportation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment