Case: Brooklyn Center for Independence of the Disabled v. Bloomberg

1:11-cv-06690 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 26, 2011

Case Ongoing

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Case Summary

On September 26, 2011, individuals with disabilities and several related organizations filed a class action lawsuit in the U.S. District Court for the Southern District of New York against New York City and its mayor under Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 701, Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131 et seq., and the New York City Human Rights Law ("NYCHRL"), New York City Admin. Code §§ 8-101 et seq. Plaintiffs…

On September 26, 2011, individuals with disabilities and several related organizations filed a class action lawsuit in the U.S. District Court for the Southern District of New York against New York City and its mayor under Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 701, Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131 et seq., and the New York City Human Rights Law ("NYCHRL"), New York City Admin. Code §§ 8-101 et seq. Plaintiffs sought declaratory and injunctive relief and attorneys' fees.

The plaintiffs, represented by Disability Rights Advocates, claimed that the defendants unlawfully discriminated against disabled individuals by inadequately planning for the evacuation of people with disabilities, failing to provide an accessible shelter system; ignoring the unique needs of people with disabilities in the event of a power outage; failing to communicate adequately with people with special needs during an emergency; and failing to account for the needs of people with disabilities in recovery operations following a disaster. Specifically, the plaintiffs claim that the City's discrimination in emergency planning was demonstrated by the City's response to Hurricane Irene and September 11, 2001 terrorist attacks, which failed in various ways to appropriately accommodate those with disabilities.

On June 29, 2012, plaintiffs amended their complaint to add a plaintiff and clarify their factual claims.

On November 7, 2012, the District Court (Judge Jesse M. Furman) issued an opinion ruling that both the organized and individual plaintiffs had standing to sue and certifying the class defined as "all people with disabilities, as defined by the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12102, who are within the City and the jurisdiction served by the City's emergency preparedness programs and services." 290 F.R.D. 409.

On May 10, 2013, the United States Attorney for the Southern District of New York filed a statement of interest urging the court to find that the defendants violated the ADA and the Rehabilitation Act and noting among other things that the defendants nowhere contended that making reasonable accommodations was impractical.

On November 7, 2013, after a six-day bench trial on the question of liability the District Court (Judge Furman) ruled that the defendants violated the ADA, the Rehabilitation Act, and the NYCHRL. Specifically the court found that: "(1) The City's evacuation plans do not accommodate the needs of people with disabilities with respect to high-rise evacuation and accessible transportation; (2) its shelter plans do not require that the shelter system be sufficiently accessible, either architecturally or programmatically, to accommodate people with disabilities in an emergency; (3) the City has no plan for canvassing or for otherwise ensuring that people with disabilities -- who may, because of their disability, be unable to leave their building after a disaster -- are able to access the services provided by the City after an emergency; (4) the City's plans to distribute resources in the aftermath of a disaster do not provide for accessible communications at the facilities where resources are distributed; (5) the City's outreach and education program fails in several respects to provide people with disabilities the same opportunity as others to develop a personal emergency plan; and (6) the City lacks sufficient plans to provide people with disabilities information about the existence and location of accessible services in an emergency." 980 F. Supp. 2d 588.

On December 4, 2013, the District Court ordered the parties to engage in settlement negotiations with a mediator to be paid for by the defendants. Settlement negotiations progressed throughout 2014. On September 30, 2014, the parties indicated they reached a settlement. The court held a fairness hearing on February 13, 2015. On March 6, the court granted final approval of the settlement. The final settlement provided a remedial plan that included increasing shelter accessibility, surveying facilities for use as hurricane shelters, standardized procedures and amenities in emergency evacuation centers and shelters, operational plan for post-emergency rapid survey of population to determine critical needs, development of adequate accessible transportation and communication, increased accessibility to power outage services, hiring of a Disability and Access and Functional Needs Coordinator and the creation of a Disability Community Panel, and development of a high rise evacuation plan. The settlement also provided monitoring and reporting procedures.

On August 24, 2015, the parties stipulated to an agreement that the plaintiffs would be awarded $3,700,000 in attorney's fees. Further, the court would retain jurisdiction over the settlement until May 2019, when the agreement's obligations were set to terminate.

On three different occasions between 2018 and 2019, the parties jointly agreed to extend the deadline by which the defendant needed to comply with particular terms of the settlement. The defendant has continued submitting status reports with the court. Monitoring appears to be ongoing.

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Summary Authors

Brian Kempfer (12/6/2013)

Virginia Weeks (3/23/2018)

Hope Brinn (4/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4349617/parties/brooklyn-center-for-independence-of-the-disabled-v-de-blasio/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Abt, Uriel Benjamin (New York)

Adams, Daniel Lloyd (New York)

Expert/Monitor/Master/Other

Abrams, Robin E. (New York)

Adams, Andrew Caldwell (New York)

Amaditz, Kenneth Carl (New York)

Judge(s)

Furman, Jesse Matthew (New York)

Maas, Frank S. (New York)

Attorney for Plaintiff

Brandt-Young, Christina Louise (New York)

Brown, Daniel L (New York)

Caiola, Michelle Anne (New York)

Center, Claudia (New York)

Chuang, Christine (California)

Goldstein, Daniel Frank (New York)

Goodell, Maia Beth (New York)

Kohlmann, Susan Joan (New York)

Kolic, Jelena (Illinois)

Mizner, Susan (New York)

Packrone, Seth Emmanuel (New York)

Parks, Shawna L (California)

Pinover, Julia (New York)

Porter, Monica Marie (New York)

Rodgers, Rebecca Juliet (New York)

Seaborn, Stuart John (New York)

Seelenfreund, Emily (New York)

Smith, Mary-Lee Kimber (California)

Weber, Jessica Paulie (New York)

Williford, Rebecca S. (California)

Wolf, Daniel Harris (New York)

Wolinsky, Sid (New York)

Wolinsky, Sidney M. (California)

Attorney for Defendant

Abt, Uriel Benjamin (New York)

Adams, Daniel Lloyd (New York)

Anci, Joseph (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Ashanti, Karl J. (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Bassett, David De (New York)

Berger, Cheryl (New York)

Bergman, Zachary Russell (New York)

Birnbaum, Brooke Allyson (New York)

Bouriat, Christopher Saleh (New York)

Braun, Daniel Michael (New York)

Brennan, Ave Maria (New York)

Brocker, Peter William (New York)

Brown, Cherie N. (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Buch, June R. (New York)

Byrns, Katherine Abigail (New York)

Calhoun, Martha Anne (New York)

Calistro, Phyllis Gail (New York)

Ceres, Rudyard W (New York)

Chen, Caroline Ling-Yu (New York)

Chiu, Daniel (New York)

Ciappetta, Nicholas Robert (New York)

Cicala, Joanne M (New York)

Cohen, Jessica Talia (New York)

Comfrey, Kathleen Marie (New York)

Corsi, Alexandra (New York)

Costa, Richard J. (New York)

D'Andrea, Theresa Jeanine (New York)

Dawkins, Julinda A. (New York)

Deatley, Tavish C. (New York)

DeCastro, Maria Fernanda (New York)

DePaul, Philip Rudolph (New York)

Depoian, Carolyn Kay (New York)

Dervin, James Monroe (New York)

Desmond, James Finbar (New York)

Devlin, Austa S. (New York)

DiSenso, Anthony M. (New York)

Dole-Merson, Vivian (New York)

Downs, Alexis (New York)

Dufficy, Doreen (New York)

Duke, Brandon W. (New York)

Eichenholtz, Seth D. (New York)

Englert, Eviana Linnea (New York)

Evans, Sarah Beth (New York)

Fabian, Shawn David (New York)

Faddis, Hannah Victoria (New York)

Farrar, Brian Jeremy (New York)

Farrell, Peter G. (New York)

Farrell, Odile Maun (New York)

Fitzgibbon, Kaitlin E. (New York)

Fogarty, Peter John (New York)

Francolla, Brian Christopher (New York)

Frank, Philip S. (New York)

Fretel, Anna Nguyen (New York)

Frommer, Hillary Ann (New York)

Fudim, Elissa Paulette (New York)

Garman, Ashley Rebecca (New York)

Gill, Rippi (New York)

Goetz, Paul Allan (New York)

Goldman, Cynthia (New York)

Goykadosh, Brachah (New York)

Gutmann, Joseph Aaron (New York)

Haber, Erica Michelle (New York)

Haider, Bilal Husain (New York)

Halbardier, Suzanne M. (New York)

Hanlon, Craig Andrew (New York)

Hazan, David M. (New York)

Heim, Douglas William (New York)

Hoffman, Beth J (New York)

Hovan, Aaron D. (New York)

Jacobs, Elissa Beth (New York)

Johnson, Paul Hasan (New York)

Joyce, Kimberly Marie (New York)

Kirby, Roger W (New York)

Kitzinger, Stephen Edward (New York)

Kleinman, Alan H. (New York)

Kogel-Smucker, Sarah A. (New York)

Kranis, Jay Alan (New York)

Kruk, Carolyn Elizabeth (New York)

Kunz, Morgan David (New York)

Kuruvilla, Ben (New York)

Larkin, Arthur Gabriel (New York)

Lax, Joshua J. (New York)

Leist, Alexis L. (New York)

Lemonedes, James M. (New York)

Lerner, Richard E. (New York)

Lichterman, Ariel Shaun (New York)

Lipkin, Andrew Gary (New York)

Lippin, Louise H (New York)

Loperfido, Jeffrey (New York)

Low-Beer, John Rudolf (New York)

Lucas, Andrew Joseph (New York)

Lulich, Aimee Kara (New York)

MacFarlane, Katherine Alice (New York)

Manningham, Nicholas Daniel (New York)

Marquez, Jorge (New York)

Maxey, Brian Guenther (New York)

Mbabazi, Deborah L. (New York)

McCann, Max Oliver (New York)

McLaren, Joanne M. (New York)

McNally, Keri Reid (New York)

McQueen, Matthew W (New York)

Meltzer, Hilary Michele (New York)

Mettham, Suzanna Publicker (New York)

Mindrutiu, Linda Margareta (New York)

Minko, Anthony James (New York)

Mirro, James (New York)

Moe, Alison G. (New York)

Multer, Andrew Jay (New York)

Murray, Diana Marsh (New York)

Myerberg, Andrew Thomas (New York)

Myrvold, Barry K. (New York)

Najib, Mona Vivian (New York)

Nimick, Virginia Jackson (New York)

Noble, Alexander Macrae (New York)

Oliner, Daniel H. (New York)

O'Sullivan, Mary M (New York)

Parra, Elan David (New York)

Passeser, Daniel Louis (New York)

Patrick, Bradford Collins (New York)

Pejan, Ramin (New York)

Pierre, Lucienne (New York)

Pines, Jonathan L. (New York)

Pollack, David Michael (New York)

Profeta, Lawrence John (New York)

Reddy, Prathyusha Bandi (New York)

Rivera, Suzette Corinne (New York)

Rodriguez, Wilda J. (New York)

Rose, Kurt Brian (New York)

Rosencrantz, Caryn A. (New York)

Rosenkilde, Kiran Hans (New York)

Rowntree, Laura C. (New York)

Rubinstein, Yuval (New York)

Saavedra, Daniel G. (New York)

Sampale, Suvarna S. (New York)

Santiago, Leticia Joy (New York)

Scharfstein, Susan P. (New York)

Schowengerdt, John S (New York)

Schuman, Jennifer Helen (New York)

Selvin, Karen Beth (New York)

Serbin, Rebecca Catherine (New York)

Shaffer, Ryan Glenn (New York)

Shammas, Cheryl Leah (New York)

Shoffel, Amanda (New York)

Shtelmakher, Milena (New York)

Siddiqi, Omar Javed (New York)

Silverberg, Steven Mark (New York)

Silvermintz, Robyn Leigh (New York)

Singleton, Gerald E. (New York)

Siskind, Shira Rachel (New York)

Sitaras, Basil Constantine (New York)

Smith, Katherine Elizabeth (New York)

Smith, Jordan Michael (New York)

Smith-Williams, Qiana Charmaine (New York)

Sohn, Liza Jin (New York)

Speight, Melanie Mary (New York)

Sprovieri, Kathryn M (New York)

Stackhouse, Noreen M. (New York)

Stavridis, Steve (New York)

Stein, Matthew E. (New York)

Stolorow, Adam Michael (New York)

Sud, Sumit (New York)

Swartz, Rhiana L. (New York)

Tann, Sabrina Melissa (New York)

Telfort, Pernell Michael (New York)

Thadani, Kavin Suresh (New York)

Toews, Mark Galen (New York)

Vizzo, Ana Maria (New York)

Wachs, Melissa (New York)

Weber, Steven Douglas (New York)

Weinblatt, Amy J. (New York)

Weingarten, Richard Keith (New York)

Weir, Matthew Charles (New York)

Weiss, Dara Lynn (New York)

Weiss, Lisa Ann (New York)

Weiss, Jed Matthew (New York)

Wells, Elizabeth A. (New York)

Weng, Jenny (New York)

Wenzel, Andrew Patrick (New York)

Wilson, Angharad K (New York)

Wolf, Joshua Matthew (New York)

Yi, Gloria Mihee (New York)

Zgodny, Vicki Becker (New York)

Zimmerman, Tobias Eli (New York)

Zuber, Hugh A. (New York)

Zuckerman, Mark David (New York)

Expert/Monitor/Master/Other

Abrams, Robin E. (New York)

Adams, Andrew Caldwell (New York)

Amaditz, Kenneth Carl (New York)

America, United States (New York)

Anderson, Gary L. (New York)

Applegate, Daniel Arthur (New York)

Apps, Antonia Marie (New York)

Arreola, Anna Elizabeth (New York)

Attorney, Noticing 2255 (New York)

Attorney, United States (New York)

Bain-Creed, Benjamin (New York)

Barcelo, Amy Ann (New York)

Barnea, Jean-David (New York)

Bass, Steven B. (New York)

Benavides, Rene Carlo (New York)

Berger, Michael N. (New York)

Bergman, Jacob Max (New York)

Bharara, Preet (New York)

Bharara, Preetinder S. (New York)

Biro, Charles John (New York)

Blain, Jennifer Ellen (New York)

Blake, Trevor St. (New York)

Blaskopf, Lawrence Paul (New York)

Blewitt, Justin (New York)

Blewitt, J. Justin (New York)

Bobb, Andrew A (New York)

Bodey, Vivian (New York)

Booth, Patricia Hubert (New York)

Branda, Joyce R. (New York)

Brennan, Liam (New York)

Bretz, Emily Elizabeth (New York)

Brooks, Samuel D (New York)

Brown, James E (New York)

Brown, Harold E. (New York)

Brown, Thomas Mackinnon (New York)

Brown, Richard O.I. (New York)

Bueno, Edgar Dennis (New York)

Butler, Michael (New York)

Byars, Michael J. (New York)

Callahan, Kristy Karen (New York)

Cardona, George Sargent (New York)

Cassella, Stefan Dante (New York)

Castillo, Daniel M. (New York)

Cersonsky, M H (New York)

Cerutti, Stephen (New York)

Cha-Kim, Stephen Seungkun (New York)

Chernoff, Harry A. (New York)

Cho, James R. (New York)

Chung, Cindy K. (New York)

Clark, Jennifer (New York)

Clarkson, John Thomas (New York)

Clayton, Lindsay Laurie (New York)

Clopper, John Dalton (New York)

Coker, Thomas (New York)

Coleman, Leslie (New York)

Conrad, Mark R. (New York)

Coppolino, Anthony Joseph (New York)

Corwin, Neil Matthew (New York)

Cosentino, Michael (New York)

Cowart, Kerala Thie (New York)

Cowley, Jason Harris (New York)

Cruden, John C. (New York)

Cruz, Roger (New York)

Cruz-Zapata, Diana (New York)

Curteman, Thomas William (New York)

Davidson, H. Ron (New York)

Davis, Steven M. (New York)

Deiss, Ila Casy (New York)

Delery, Stuart F. (New York)

DePippo, Henry John (New York)

Diedrichs, Clayton R. (New York)

DiPietro, Michael A (New York)

Diskant, Edward B. (New York)

Division, Appellate (New York)

Donnellan, Michael Thomas (New York)

Dore, Carl Dore (New York)

Dougherty, Burtis Marshall (New York)

Duane, J. Mackenzie (New York)

Eckert, Thomas L. (New York)

Ehrlich, Jeffrey Paul (New York)

Elengold, Kate S. (New York)

Erickson-Pogorzelski, Anthony (New York)

Falk, Noah (New York)

Fee, Adam (New York)

Feinzig, Margery Beth (New York)

Feldman, Brian Marc (New York)

Ferguson, Edmund M. (New York)

Fernandez, Eloisa Delgado (New York)

Ferrara, Michael (New York)

Filor, Daniel Post (New York)

Fornos, Carolina A. (New York)

Freel, Jennifer Sheffield (New York)

Gibson, Stuart D. (New York)

Gilligan, James F. (New York)

Giorno, Anthony Paul (New York)

Girvin, Ralph Elwood (New York)

Gordon, Alex S (New York)

Graham, Margaret (New York)

Green, Richard L. (New York)

Grubman, Scott Robert (New York)

Guerrero, Marco Kelly (New York)

Guerrier, Pascale (New York)

Haas, Alexander Kenneth (New York)

Harrell-James, Veronica Vanessa (New York)

Harwood, Christopher Blake (New York)

Hayes-Deats, Caleb (New York)

Hernandez, Jason Peter (New York)

Herskowitz, Michael Vale (New York)

Hinrichs, Fred Turner (New York)

Holder, Charmaine Michele (New York)

Hottle, Douglas Morgan (New York)

Hu, Jessica Jean (New York)

Hudson, Jean Barrett (New York)

Hyde, Matthew Robb (New York)

Ingoglia, Eugene Edward (New York)

Jaso, Eric H. (New York)

Jennings, James W. (New York)

Johnson, Cory A (New York)

Jonas, Bonnie Brooks (New York)

Jones, David Stuart (New York)

Judge, Timothy (New York)

Jukubowski, Teresa L. (District of Columbia)

Kaplan, David Jay (New York)

Kay, Richard Charles (New York)

Kendall, Joe (New York)

Kennebrew, Delora L. (New York)

Kennedy, David J (New York)

Kenney, Patricia Jean (New York)

Khorshid, Anoiel (New York)

Kobre, Elisha Jonathan (New York)

Kovacev, Robert John (New York)

Kraemer, Talia (New York)

Krause, Andrew Edward (New York)

Krieger, Paul Matthew (New York)

Kruger, Mary F. (New York)

Lacosta, Anthony W. (New York)

Lai, Sarah Y. (New York)

Layton, Elisabeth (New York)

Lazos, Pamela (New York)

Leary, Peter Decklin (New York)

Lee, Casey Kyung-Se (New York)

Levin, Sharon Cohen (New York)

Lillywhite, Jacob Thomas (New York)

Lockard, Michael Dennis (New York)

LoCurto, John Joseph (New York)

Loh, David Yita (New York)

London, Ellen Melissa (New York)

Lowry, Faith Johnson (New York)

MacWilliams, Philip Davis (New York)

Magdo, Christine Ingrid (New York)

Magnanini, Robert A. (New York)

Majeed, Sameena Shina (New York)

Martin, Rebecca C. (New York)

McCarthy, Andrew C. (New York)

McClellan, Jessica L. (New York)

McEachin, Onjil Tianna (New York)

McIntosh, Robert P. (New York)

McKey, Jamie Jean (New York)

Meade, James A. (New York)

Mene, Gerard J. (New York)

Mershimer, Kate (New York)

Minnis, Tarra DeShields (New York)

Miranda, Annika Marie (New York)

Mirsky, Joe (New York)

Monteleoni, Paul Michael (New York)

Moore, Karen E (New York)

Moreno, Ignacia S. (New York)

Morrison, Mark E. (New York)

Morte, Tara Marie (New York)

Mosteller, Daniel Paul (New York)

Mountcastle, Rick A. (New York)

Mundell, Melissa Stebbins (New York)

Murphy, John E. (New York)

Myer, Peter G. (New York)

Naftalis, Joshua Arditi (New York)

Nichols, Roann (New York)

Normand, Sarah Sheive (New York)

Notinger, Ramona S (New York)

O'Connell, Sean Bryan (New York)

Okula, Stanley John (New York)

Oliphant, Dara B. (New York)

Olivera, Jose Apolinar (New York)

Olsen, Edward A. (New York)

Onozawa, Tomoko (New York)

Orleans, Renee S. (New York)

Padilla, Margarita (New York)

Padmanabhan, Kartic (New York)

Paniszczyn, John F. (New York)

Parnham, Thomas Arthur (New York)

Parr, Mary Elizabeth (New York)

Paul, Sarah Elizabeth (New York)

Pepper, Beth (New York)

Phillips, Cristine Irvin (New York)

Powell, Jeffrey Kenneth (New York)

Powell, Roger W (New York)

Price, Daniel Nikon (New York)

Putignano, Peter J. (New York)

Ramseyer, Steven Randall (New York)

Ratliff, Albert T (New York)

Rebold, Jonathan (New York)

Reddy, Kirti Vaidya (New York)

Reding, Ann Marie (New York)

Reinhart, Katherine M (New York)

Richter, Zachary Carl (New York)

Robinson, Richard E (New York)

Rodriguez, Joseph Cuauhtemoc (New York)

Rosado, David Richard (New York)

Rosen, Lawrence Nathan (New York)

Rosenbaum, Steven H. (New York)

Rosenstein, Rod J (New York)

Rubin-Smith, Elina A. (New York)

Said, Nadia Elizabeth (New York)

Samuel, Linda M. (New York)

Santos, Amelia Rebecca (New York)

Sassoon, Danielle Renee (New York)

Scharf, James A. (New York)

Schifman, Reuben (New York)

Schild, Clarissa Pinheiro (New York)

Schoenberger, Carina Hyatt (New York)

Schwabauer, Barbara A (New York)

Schwartz, Adam J. (New York)

Schwartz, Matthew Lane (New York)

Shaw, Deborah Brittain (New York)

Shea, Evan T (New York)

SHERER, MARK J. (New York)

Simmons, Alicia Marie (New York)

Simpson, D. Brian (New York)

Smeltzer, Joshua David (New York)

Smith, Curtis Cutler (New York)

Smith, Daniel (New York)

Smith, Micah William (New York)

Snell, Dietrich L. (New York)

Sobelman, Robert Benjamin (New York)

Sommer, Michael S (New York)

Spaccarotella, John C. (New York)

Sponseller, Richard W. (New York)

Stapleton, Robert (New York)

Statkus, Shannon Heath (New York)

Stier, Cynthia Lewis (New York)

Stone, David S. (New York)

Strawn, Susan Leslie (New York)

Strelka, Andrew Charles (New York)

Strickland, Arthur Patrick (New York)

Sun, Anthony Jan-Huan (New York)

Swauger, Melissa A. (New York)

Tarczynska, Dominika (New York)

Teleanu, Natasha Waglow (New York)

Thiel, G. (New York)

Thomas, Andrew Mark (New York)

Thoms, Laura Anne (New York)

Tinio, Rebecca S. (New York)

Towt, Katharine Farrell (New York)

Trager, Mara Emet (New York)

Treene, Eric W. (New York)

Tulis, Elizabeth (New York)

Tumlin-Bhattacharyya, Tracy Rupa (New York)

Turner, James L (New York)

Underhill, R. Michael (New York)

Valadez, Mary Nelda (New York)

Vargas, Jeannette Anne (New York)

Velamoor, Niketh Varadaraj (New York)

Walker, Krystal Dawn (New York)

Wallis, Jennifer (New York)

Ward, Barbara Ann (New York)

Wasserstrom, Leigh Aaron (New York)

Weidenbach, Mitchell L. (New York)

Weidman, Leon Warren (New York)

Weinkle, James Alan (New York)

Wetzler, Lauren A. (New York)

Whalen, Brock E. (New York)

Whitsett, Louis Clifford (New York)

Whittaker, Alexandra (New York)

Williamson, Christopher James (New York)

Wilson, Joel Eric (New York)

Wilson, Alexander Joshua (New York)

Winn, Sara Bugbee (New York)

Wirshba, Kyle Adam (New York)

Wong, Carol A (New York)

Woodard, Karen D. (New York)

Wright, Gary W. (New York)

Yasuda, Marsha Michiko (New York)

Yepuri, Moha Pradhan (New York)

Yu, Li (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-06690	Docket [PACER] Brooklyn Center for Independence of the Disabled v. de Blasio	Jan. 15, 2020	Jan. 15, 2020 Docket
1 1:11-cv-06690	Complaint	Sept. 26, 2011	Sept. 26, 2011 Pleading / Motion / Brief
31 1:11-cv-06690	First Amended Complaint	June 29, 2012	June 29, 2012 Complaint
82 1:11-cv-06690	Opinion and Order	Sept. 7, 2012	Sept. 7, 2012 Order/Opinion 290 F.R.D. 409
151 1:11-cv-06690	Statement of Interest of the United States of America	May 10, 2013	May 10, 2013 Pleading / Motion / Brief
159 1:11-cv-06690	Opinion and Order	Nov. 7, 2013	Nov. 7, 2013 Order/Opinion 980 F.Supp.2d 588
202 1:11-cv-06690	Stipulation Of Settlement And [Proposed] Remedial Order Brooklyn Center for Independence of the Disabled v. de Blasio	Oct. 15, 2014	Oct. 15, 2014 Settlement Agreement
222 1:11-cv-06690	[Proposed] Order Getting Motion for Final Approval of Class Action Settlement Brooklyn Center for Independence of the Disabled v. de Blasio	March 6, 2015	March 6, 2015 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Brooklyn Center for Independence of the Disabled (BCID), et al. v. Mayor Bloomberg, et al. Disability Rights Advocates	This federal class action lawsuit was filed in September of 2011. More than a decade after 9/11, New Yorkers with disabilities continued to face disproportionate risks of catastrophic harm and death …	March 6, 2015	March 6, 2015 https://dralegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349617/brooklyn-center-for-independence-of-the-disabled-v-de-blasio/

Last updated March 16, 2024, 3:09 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Michael R. Bloomberg, The City of New York. (Filing Fee $ 350.00, Receipt Number 465401017348)Document filed by Center for Independence of the Disabled, New York, Brooklyn Center for Indepndence of the Disabled, Tania Morales.(rdz) (ama). (Entered: 09/27/2011)	Sept. 26, 2011	Sept. 26, 2011 RECAP
	SUMMONS ISSUED as to Michael R. Bloomberg, The City of New York. (rdz)	Sept. 26, 2011	Sept. 26, 2011 PACER
	Magistrate Judge Frank Maas is so designated. (rdz)	Sept. 26, 2011	Sept. 26, 2011 PACER
	Case Designated ECF. (rdz)	Sept. 26, 2011	Sept. 26, 2011 PACER
2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(rdz) (rdz). (Entered: 09/27/2011)	Sept. 26, 2011	Sept. 26, 2011 PACER
3	NOTICE OF APPEARANCE by Martha Anne Calhoun on behalf of Michael R. Bloomberg, The City of New York (Calhoun, Martha) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
4	ANSWER to 1 Complaint,. Document filed by Michael R. Bloomberg, The City of New York.(Calhoun, Martha) (Entered: 10/17/2011)	Oct. 17, 2011	Oct. 17, 2011 PACER
5	AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael R. Bloomberg served on 9/26/2011, answer due 10/17/2011. Service was accepted by Brandon James. Document filed by Center for Independence of the Disabled, New York ; Brooklyn Center for Independence of the Disabled; Tania Morales. (Pinover, Julia) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
6	AFFIDAVIT OF SERVICE of Summons and Complaint,. The City of New York served on 9/26/2011, answer due 10/17/2011. Service was accepted by Brandon James. Document filed by Center for Independence of the Disabled, New York ; Brooklyn Center for Independence of the Disabled; Tania Morales. (Pinover, Julia) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
7	NOTICE OF APPEARANCE by Mark Galen Toews on behalf of Michael R. Bloomberg, The City of New York (Toews, Mark) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
8	MOTION for Mary-Lee Kimber Smith to Appear Pro Hac Vice. Document filed by Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(wb) (pgu). (Entered: 10/24/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
9	MOTION for Sid Wolinsky to Appear Pro Hac Vice. Document filed by Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(wb) (pgu). (Entered: 10/24/2011)	Oct. 21, 2011	Oct. 21, 2011 PACER
	CASHIERS OFFICE REMARK on 9 Motion to Appear Pro Hac Vice, 8 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 10/21/2011, Receipt Number 1019856,1019857. (jd)	Oct. 25, 2011	Oct. 25, 2011 PACER
10	Initial Scheduling Conference Notice and Order: Initial Conference set for 1/27/2012 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell, and as further set forth in this document. (Signed by Judge Richard J. Holwell on 12/12/2011) (cd) (Entered: 12/14/2011)	Dec. 14, 2011	Dec. 14, 2011 PACER
11	ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Mary-Lee Kimber Smith to Appear Pro Hac Vice. It is hereby Ordered that Mary-Lee Kimber Smith is admitted pro hac vice as counsel for the plaintiffs. (Signed by Judge Richard J. Holwell on 12/19/2011) (mro) (Entered: 12/20/2011)	Dec. 20, 2011	Dec. 20, 2011 PACER
12	ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Sid Wolinsky to Appear Pro Hac Vice. It is hereby Ordered that Sid Wolinsky is admitted to practice pro hac vice as counsel for the plaintiffs. (Signed by Judge Richard J. Holwell on 12/19/2011) (mro) (Entered: 12/20/2011)	Dec. 20, 2011	Dec. 20, 2011 PACER
13	MOTION for Rebecca Williford to Appear Pro Hac Vice. Document filed by Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(sjo) (Entered: 02/14/2012)	Feb. 14, 2012	Feb. 14, 2012 PACER
	CASHIERS OFFICE REMARK on 13 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/10/2012, Receipt Number 1029482. (jd)	Feb. 16, 2012	Feb. 16, 2012 PACER
14	CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 2/1/2012. Joinder of Parties due by 2/1/2012. Fact Discovery due by 2/10/2012. Expert Discovery due by 8/24/2012. Dispositive Motions due by 10/5/2012. Plaintiffs motion for class certification due by 7/27/2012. Final Pretrial Order due by 11/2/2012. The parties do not request a jury and anticipate a trial of two weeks. Ready for Trial by 12/3/2012. (Signed by Judge Loretta A. Preska on 2/23/2012) (ab) (Entered: 02/24/2012)	Feb. 24, 2012	Feb. 24, 2012 PACER
15	ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Loretta A. Preska on 2/23/2012) (ab) (Entered: 02/24/2012)	Feb. 24, 2012	Feb. 24, 2012 PACER
16	ORDER FOR ADMISSION PRO HAC VICE granting 13 Motion for Rebecca Williford to Appear Pro Hac Vice as counsel for Plaintiffs. (Signed by Judge Loretta A. Preska on 2/23/2012) (ab) (Entered: 02/24/2012)	Feb. 24, 2012	Feb. 24, 2012 PACER
	MEMORANDUM TO THE DOCKET CLERK: REMINDER : The conference scheduled for [03/02/11] at [10:00 am] "is adjourned sine die." Before the Honorable: Richard J. Holwell U.S.D.J. in courtroom 17-B 500 Pearl Street NYC. Due to the Judges Retirement all conferences are being rescheduled and an alternate conference date will be set in the near future. (tro)	Feb. 28, 2012	Feb. 28, 2012 PACER
17	STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. The Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this sttpulat1on, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review. Moreover, the Court does NOT so order 9/14, which purports to authorize the parties to file documents under seal without a prior court order. (Signed by Judge Denise L. Cote, Part I on 3/7/2012) (cd) (Entered: 03/08/2012)	March 8, 2012	March 8, 2012 PACER
18	NOTICE OF APPEARANCE by Daniel L. Brown on behalf of Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales (Brown, Daniel) (Entered: 03/14/2012)	March 14, 2012	March 14, 2012 PACER
19	ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Julia Pinover dated 3/28/2012 re: Counsel for the Plaintiffs writes to request that the mediation conference scheduled for 4/18/2012 be adjourned until 4/19/2012 at 2:00 PM. ENDORSEMENT: Approved. (Mediation Conference set for 4/19/2012 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 3/29/2012) (ab) (Entered: 03/29/2012)	March 29, 2012	March 29, 2012 PACER
20	NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Richard J. Holwell is no longer assigned to the case. (pgu) (Entered: 04/16/2012)	April 16, 2012	April 16, 2012 PACER
	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Settlement Conference held on 4/19/2012. (rjm)	April 19, 2012	April 19, 2012 PACER
21	ORDER: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that unless notified otherwise by the Court, any Scheduling Order or Case Management Plan remains in effect not withstanding the case's transfer, except that any currently scheduled conference or oral argument with the Court is adjourned until further notification.IT IS FURTHER ORDERED that each party must submit a letter to the Court, not to exceed five pages, updating the Court on the status of the case no later than May 9, 2012. The parties are directed to the Court's applicable Individual Rules and Practices (available at http://nysd.uscourts.gov/judge/Furman) regarding the submission of letters. The status letter should include the following: (Signed by Judge Jesse M. Furman on 4/24/2012) (js) (Entered: 04/25/2012)	April 24, 2012	April 24, 2012 PACER
22	MOTION for Shawna Leigh Parks to Appear Pro Hac Vice. Document filed by Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(arc) (Entered: 05/02/2012)	April 30, 2012	April 30, 2012 PACER
23	ORDER FOR ADMISSION PRO HAC VICE granting 22 Motion for Shawna Leigh Parks to Appear Pro Hac Vice. (Signed by Judge Jesse M. Furman on 5/3/2012) (cd) (Entered: 05/04/2012)	May 3, 2012	May 3, 2012 PACER
	CASHIERS OFFICE REMARK on 22 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/30/2012, Receipt Number 1036803. (jd)	May 7, 2012	May 7, 2012 PACER
24	ENDORSED LETTER: addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 5/9/2012 re: Counsel writes pursuant to Your Honor's order order dated April 24, 2012, to apprise the Court of the status of this case As indicated on the docket, defendants are represented by Michael A. Cardozo, Corporation Counsel of the City of New York by Assistant Corporation Counsel Martha A. Calhoun and Mark G. Toews. The contact information for Ms. Calhoun is correct on the docket. The contact information for Mr. Toews should be corrected as follows: Mark G. Toews New York City Law Department 100 Church Street New York, New York 10007 Tel: 212 788-1281 Fax: 212-788-8877 Email: mtoews@law.nyc.gov. ENDORSEMENT: All counsel must promptly take steps to ensure that the contact information on CM/ECF is accurate. The parties shall appear for a conference on June 29, 2012 at 11:00 a.m. All other dates and deadlines remain in effect. (Signed by Judge Jesse M. Furman on 5/14/2012) (js) (Entered: 05/15/2012)	May 14, 2012	May 14, 2012 PACER
25	Letter addressed to Judge Jesse M. Furman from Sid Wolinsky dated 5/9/2012 re: We write this status letter pursuant to your order of April 24, 2012. Plaintiffs' counsel has experience negotiating with cities and counties regarding the same issues that are presented by the instant case. Plaintiffs believe that the most effective basis for settlement is to involve a neutral expert who can evaluate the City's plans and provide a clear road map of the plans' deficiencies in a process-based solution. (js) (Entered: 05/15/2012)	May 14, 2012	May 14, 2012 PACER
27	MOTION for Teresa L. Jakubowski to Appear Pro Hac Vice. Document filed by The American Red Cross.(pgu) (Entered: 05/31/2012)	May 25, 2012	May 25, 2012 PACER
26	NOTICE OF CHANGE OF ADDRESS by Mark Galen Toews on behalf of Michael R. Bloomberg, The City of New York. New Address: New York City Law Department, 100 Church Street, New York, New York, U.S.A. 10007, 212-788-0800. (Toews, Mark) (Entered: 05/29/2012)	May 29, 2012	May 29, 2012 PACER
	CASHIERS OFFICE REMARK on 27 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/25/2012, Receipt Number 1039398. (jd)	June 5, 2012	June 5, 2012 PACER
28	ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 6/7/2012 re: Defendants respectfully request that the Court deny plaintiffs request to compel depositions and schedule a conference to discuss the issues. ENDORSEMENT: In light of Plaintiff's failure to meet and confer as required by the Court's Individual Rules, and their representation that they would provide defendants with a proposed amended complaint by today, plaintiffs' request for an Order compelling discovery is DENIED. Should there be any disputes requiring the Court's involvement after plaintiffs have provided their proposed amended complaint to defendants, or should the parties desire any changes to the existing schedule, either party may communicate with the Court - after conferring with opposing counsel - in accordance with the Court's Individual Rules. (Signed by Judge Jesse M. Furman on 6/11/2012) (jfe) (Entered: 06/11/2012)	June 11, 2012	June 11, 2012 PACER
29	Letter addressed to Judge Jesse M. Furman from Sid Wolinsky dated 6/7/2012 re: Plaintiffs are writing to the court at this time because Defendants have repeatedly refused to produce properly noticed deposition witnesses. Defendants' self-help approach has delayed the orderly progress of the case and prejudiced Plaintiffs in the preparation of their case. Counsel respectfully ask the court at this time to order that Defendants produce their witnesses for the depositions previously noticed for June 11 and 12. Plaintiffs request that the court order Defendants to make such witnesses available for deposition within 7 calendar days. (jfe) (Entered: 06/11/2012)	June 11, 2012	June 11, 2012 PACER
30	ORDER granting 27 Motion for Teresa L. Jakubowski to Appear Pro Hac Vice. (Signed by Judge Jesse M. Furman on 6/11/2012) (ama) (Entered: 06/12/2012)	June 11, 2012	June 11, 2012 PACER
31	FIRST AMENDED COMPLAINT amending 1 Complaint, against Michael R. Bloomberg, The City of New York.Document filed by Center for Independence of the Disabled, New York, Brooklyn Center for Independence of the Disabled, Tania Morales, Gregory D. Bell. Related document: 1 Complaint, filed by Center for Independence of the Disabled, New York, Tania Morales.(jfe) (Entered: 07/02/2012)	June 29, 2012	June 29, 2012 RECAP
	Minute Entry for proceedings held before Judge Jesse M. Furman: Status Conference held on 6/29/2012. (ab)	June 29, 2012	June 29, 2012 PACER
32	REVISED PRETRIAL SCHEDULING ORDER: Motions due by 8/31/2012. Fact Discovery due by 7/31/2012. Expert Discovery due by 10/29/2012. Final Pretrial Conference set for 12/4/2012 at 03:00 PM in Courtroom 26A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman. Joint Pretrial Order due by 11/19/2012. Bench Trial set for 12/10/2012 at 09:00 AM before Judge Jesse M. Furman, and as further specified in this Revised Pretrial Scheduling Order. (Signed by Judge Jesse M. Furman on 7/12/2012) (rjm) (Entered: 07/12/2012)	July 12, 2012	July 12, 2012 PACER
33	ANSWER to 31 Amended Complaint,. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 07/16/2012)	July 16, 2012	July 16, 2012 PACER
34	ENDORSED LETTER: addressed to Judge Jesse M. Furman from Shawna L. Parks dated 8/20/2012 re: Counsel for both Plaintiffs and defendants request that Plaintiffs' identification and disclosure of expert testimony be due September 17, 2012, Defendants' identification and disclosure of expert testimony due by October 15, 2012, Plaintiffs' disclosure of any rebuttal experts be due by October 29, 2012. The parties request that the deadline for the completion of all expert discovery be set for 11/12/2012. ENDORSEMENT: Application granted. All other dates and deadlines remain the same. Defense Counsel shall advise both Plaintiffs and the Court of the status of the Lovely H. Litigation on or before October 1, 2012. (Signed by Judge Jesse M. Furman on 8/23/2012) (js) (Entered: 08/23/2012)	Aug. 23, 2012	Aug. 23, 2012 PACER
35	MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. Responses due by 9/14/2012(Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
36	MEMORANDUM OF LAW in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
37	DECLARATION of SUSAN DOOHA in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A)(Parks, Shawna) (Entered: 08/31/2012) 1 Exhibit A View on PACER	Aug. 31, 2012	Aug. 31, 2012 PACER
38	DECLARATION of JOAN PETERS in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
39	DECLARATION of TANIA MORALES in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
40	DECLARATION of GREGORY D. BELL, Sr. in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
41	DECLARATION of MARVIN WASSERMAN in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
42	DECLARATION of CHRISTINA CURRY in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
43	DECLARATION of JENNIFER HALBERT in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
44	DECLARATION of JEAN RYAN in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
45	DECLARATION of RONNIE ELLEN RAYMOND in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
46	DECLARATION of VALARIE BUCKNER in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
47	DECLARATION of MARY CONNER in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
48	DECLARATION of JON ELLENHORN in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
49	DECLARATION of DR. PETER BLANCK, Ph.D, J.D. in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Parks, Shawna) (Entered: 08/31/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Aug. 31, 2012	Aug. 31, 2012 RECAP
50	DECLARATION of DANIELL. BROWN in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
51	DECLARATION of SHAWNA L. PARKS in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (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, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Parks, Shawna) (Entered: 08/31/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER	Aug. 31, 2012	Aug. 31, 2012 PACER
52	MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit 1, # 2 Exhibit H to S. Parks' Declaration, # 3 Exhibit J to S. Parks' Declaration, # 4 Exhibit M to S. Parks' Declaration, # 5 Exhibit N to S. Parks' Declaration, # 6 Exhibit O to S. Parks' Declaration, # 7 Exhibit R to S. Parks' Declaration, # 8 Exhibit S to S. Parks' Declaration, # 9 Exhibit U to S. Parks' Declaration)(Parks, Shawna) (Entered: 08/31/2012) 1 Exhibit 1 View on PACER 2 Exhibit H to S. Parks' Declaration View on PACER 3 Exhibit J to S. Parks' Declaration View on PACER 4 Exhibit M to S. Parks' Declaration View on PACER 5 Exhibit N to S. Parks' Declaration View on PACER 6 Exhibit O to S. Parks' Declaration View on PACER 7 Exhibit R to S. Parks' Declaration View on PACER 8 Exhibit S to S. Parks' Declaration View on PACER 9 Exhibit U to S. Parks' Declaration View on PACER	Aug. 31, 2012	Aug. 31, 2012 PACER
53	MEMORANDUM OF LAW in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 RECAP
54	ENDORSED LETTER addressed to Judge Jesse M. Furman from Julia Pinover dated 9/12/2012 re: Plaintiffs respectfully request that our expert report deadline be moved to September 19th, 2012, and as further requested in this letter. ENDORSEMENT: Application granted. So ordered. (Expert Discovery due by 11/14/2012.) (Signed by Judge Jesse M. Furman on 9/12/2012) (rjm) (Entered: 09/13/2012)	Sept. 12, 2012	Sept. 12, 2012 PACER
55	ENDORSED LETTER addressed to Judge Jesse M. Furman from Mark G. Toews and Matha A. Calhoun dated 9/13/2012 re: For the reasons set forth above, Defendants respectfully request a two (2) week extension of time to file opposition to Plaintiffs' motion to certify the proposed class and permission to simultaneously to move for summary judgment on the limited issue of standing. Again, I apologize for the tardiness of this request; however, we respectfully submit that the timing was unavoidable. Finally, given the complex nature of this case and the need to quote extensively from deposition transcripts, Defendants respectfully request that the Court extend the 25 page limit on legal memoranda to 30 pages. ENDORSEMENT: Defendants are granted until Monday, September 17, 2012, to file their opposition to plaintiffs' motion for class certification. Consistent with the Court's earlier order, plaintiffs shall have one week to file any reply to defendants' opposition. Otherwise, defendants' application is denied in all respects. Defendants may raise the issue of standing at trial. SO ORDERED., ( Responses due by 9/17/2012) (Signed by Judge Jesse M. Furman on 9/14/2012) (ama) (Entered: 09/14/2012)	Sept. 14, 2012	Sept. 14, 2012 PACER
56	Letter addressed to Judge Jesse M. Furman from Julia Pinover dated 9/14/2012 re: Plaintiffs write in response to Defendants' request for a two week extension on their deadline to submit opposition papers to Plaintiffs' motion for class certification, Defendants' request for a page extension on their brief, and Defendants' request to file a motion for summary judgment. Although the parties have generally been able to resolve scheduling and other such issues in this matter, Plaintiffs believe that in this instance Defendants' requests are unjustified. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(ama) (Entered: 09/14/2012)	Sept. 14, 2012	Sept. 14, 2012 PACER
57	NOTICE OF APPEARANCE by Carolyn Elizabeth Kruk on behalf of Michael R. Bloomberg, The City of New York (Kruk, Carolyn) (Entered: 09/14/2012)	Sept. 14, 2012	Sept. 14, 2012 PACER
58	DECLARATION of Carolyn E. Kruk in Opposition re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Michael R. Bloomberg, The City of New York. (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)(Toews, Mark) (Entered: 09/17/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER	Sept. 17, 2012	Sept. 17, 2012 PACER
59	MEMORANDUM OF LAW in Opposition re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Michael R. Bloomberg, The City of New York. (Toews, Mark) (Entered: 09/17/2012)	Sept. 17, 2012	Sept. 17, 2012 PACER
60	REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. PLAINTIFFS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012 PACER
61	DECLARATION of SHAWNA L. PARKS in Support re: 60 Reply Memorandum of Law in Support of Motion,. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Parks, Shawna) (Entered: 09/24/2012) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Sept. 24, 2012	Sept. 24, 2012 PACER
62	ENDORSED LETTER: addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 10/1/2012 re: Counsel write as directed by the Court to inform the Court and counsel for Plaintiffs of the status of Lovely H. v. Eggleston 05-cv-6920, a class action pending before Judge Forrest in which counsel is also lead counsel. This lawsuit will not be going to trial in mid November as previously scheduled. Judge Forrest has scheduled a conference in the case for tomorrow, October 2, 2012, at which it is anticipated that case scheduling issues will be discussed. ENDORSEMENT: Duly noted. The deadlines in the scheduling order of July 12, 2012, as modified by the letter endorsed on August 23, 2012, remain in effect. So Ordered. (Signed by Judge Jesse M. Furman on 10/3/2012) (js) (Entered: 10/03/2012)	Oct. 3, 2012	Oct. 3, 2012 PACER
63	Letter addressed to Judge Jesse M. Furman from Shawna L. Parks dated 10/10/2012 re: Plaintiffs write in response to Defendants' letter of October 8, 2012 requesting an extension of the pre-trial and trial dates in this matter. Plaintiffs respectfully oppose any postponement of these dates. (rjm) (Entered: 10/11/2012)	Oct. 10, 2012	Oct. 10, 2012 PACER
64	ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 10/8/2012 re: Defendants respectfully request that the date for pre trial submission be adjourned to January 11, 2012 and that the trial be adjourned to January 28, 2013. ENDORSEMENT: Application DENIED without prejudice to renewal if or when the United States files a motion to intervene. Defendants are directed to e-mail a copy of this endorsed letter to the assigned Assistant United States Attorney. (Signed by Judge Jesse M. Furman on 10/10/2012) (rjm) (Entered: 10/11/2012)	Oct. 10, 2012	Oct. 10, 2012 PACER
65	SEALED DOCUMENT placed in vault.(nm) (Entered: 11/07/2012)	Nov. 7, 2012	Nov. 7, 2012 PACER
66	OPINION AND ORDER re: #102561 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Center for Independence of the Disabled, New York, Brooklyn Center for Independence of the Disabled, Tania Morales, Gregory D. Bell. For the foregoing reasons, plaintiffs' motion for class certification is hereby GRANTED as modified and subject to comment from the parties. Absent objections, the Court will certify a plaintiff class consisting of the following: All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness programs and services. The parties shall have until November 13, 2012, at 12:00 p.m., to submit letter objections, not to exceed three pages, regarding the Court's proposed class definition. It is further ORDERED that defendants have until November 19, 2012, to respond to plaintiffs' motion to seal, showing good cause why maintaining the relevant materials under seal is consistent with the presumption of access created by both the common law and the First Amendment. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). In any such response, defendants shall also address whether there is a basis to maintain the unredacted version of this Opinion and Order under seal. Absent a response, the Court will publicly file the unredacted version of this Opinion and Order and deny plaintiffs' motion to seal without further notice to the parties. In the meantime, the Clerk of Court is directed to maintain the unredacted version of this Opinion and Order under seal. It is important to note that the fact that plaintiffs have carried their burden at this stage, and class certification is appropriate, is not to say that the plaintiff class is entitled to the relief it ultimately seeks. It may be, as defendants vigorously assert, that the plaintiffs' claims are "patently false" and that the City has "carefully developed sophisticated operational and logistical plans and supporting resources that effectively serve the health and safety needs of all New Yorkers during emergencies, including those with disabilities." (Defs.' Opp'n Mem. at 1- 2). The fact that plaintiffs have carried their present burden is only to say that they have satisfied the requirements for proceeding by way of a class action. Whether they ultimately prevail will be determined at the trial scheduled to begin on December 10, 2012. (Signed by Judge Jesse M. Furman on 11/7/2012) (lmb) Modified on 11/13/2012 (jab). (Entered: 11/07/2012)	Nov. 7, 2012	Nov. 7, 2012 RECAP
	Set/Reset Deadlines: Responses due by 11/19/2012. (lmb)	Nov. 7, 2012	Nov. 7, 2012 PACER
67	ENDORSED LETTER: addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 11/13/2012 re: For the reasons set forth above, Defendants propose that the trial be adjourned to January 2013. To this end, Plaintiffs propose that pre-trial submissions be made by December 21, 2012 and any replies be made by January 4, 2013, with trial to begin as soon thereafter as is convenient to the Court. Defendants' position is that a date of December 21, 2012 for pre-trial submission is simply not possible, given that, as noted above, key witnesses are and will continue to be heavily involved in recovery efforts and that the parties will be supplementing the record with evidence from Hurricane Sandy. Accordingly, the earliest that Defendants can make pre-trial submissions would be January 7, 2013, with replies due January 14, 2013, with trial to begin as soon thereafter as is convenient to the Court. ENDORSEMENT: The parties are ordered to appear for a conference with the Court on November 16, 2012, at 11:30 am. By separate order, the Court is re-referring the case to Magistrate Judge Maas for settlement purposes. The parties are ordered to contact his chambers by November 16, 2012, to schedule a settlement conference as soon as possible. ( Status Conference set for 11/16/2012 at 11:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/13/2012) (js) (Entered: 11/14/2012)	Nov. 13, 2012	Nov. 13, 2012 PACER
68	ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Jesse M. Furman on 11/13/2012) (js) (Entered: 11/14/2012)	Nov. 13, 2012	Nov. 13, 2012 PACER
69	ORDER: Accordingly, IT IS HEREBY ORDERED that this action iscertified as a class action under Rule 23(b)(2) of the Federal Rules of Civil Procedure. The class is defined as: "All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness programs and services." (Signed by Judge Jesse M. Furman on 11/14/2012) (mt) (Entered: 11/14/2012)	Nov. 14, 2012	Nov. 14, 2012 PACER
70	ENDORSED LETTER addressed to Judge Jesse M. Furman from Julia Pinover dated 11/14/2012 re: Request for permission for Ms. Parks to appear telephonically at the 11/16/2012 conference in satisfaction of the Court's individual rule 2(A). ENDORSEMENT: Application GRANTED, although counsel who is present in the courtroom should be prepared to do most of the talking. Counsel shall provide the Court with a number to reach Ms. Parks at the time of the conference. (Signed by Judge Jesse M. Furman on 11/15/2012) (cd) (Entered: 11/15/2012)	Nov. 15, 2012	Nov. 15, 2012 PACER
71	ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 11/15/2012 re: I write to request that defendants' time to respond to plaintiffs' motion to seal certain documents submitted by plaintiffs in connection with their motion for class certification be extended one week, until November 25, 2012. ENDORSEMENT: Defendants' time to respond to the motion to seal is extended to November 25, 2012. In light of Defendants' consent, the Clerk of Court is directed to unseal the Court's unredacted Opinion and Order (Docket No. 65). (Responses due by 11/25/2012) (Signed by Judge Jesse M. Furman on 11/16/2012) (rjm) (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
	Transmission to Sealed Records Clerk. Transmitted re: 71 Endorsed Letter, Set Deadlines to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)	Nov. 16, 2012	Nov. 16, 2012 PACER
72	SCHEDULING ORDER: It is hereby ORDERED that the parties shall file their joint pretrial order by February 18, 2013. Responses to any such filings shall be filed by March 1, 2013. It is further ORDERED that a final pretrial conference will be held on March 4, 2013, at 3:30 p.m. Trial will begin on March 11, 2013, at 9:00 a.m. It is further ORDERED that the parties shall submit a joint letter to the Court by 5:00 p.m. on Tuesday, November 20, 2012, advising the Court with respect to whether the parties have reached agreement on the scope and timing of supplemental discovery relating to the response to Hurricane Sandy or, if not, the nature of any disagreement. (Final Pretrial Conference set for 3/4/2013 at 03:30 PM before Judge Jesse M. Furman. Joint Pretrial Order due by 2/18/2013. Bench Trial set for 3/11/2013 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/16/2012) (rjm) (Entered: 11/16/2012)	Nov. 16, 2012	Nov. 16, 2012 PACER
	Minute Entry for proceedings held before Judge Jesse M. Furman: Status Conference held on 11/16/2012. (ab)	Nov. 16, 2012	Nov. 16, 2012 PACER
82	OPINION AND ORDER. For the foregoing reasons, plaintiffs' motion for class certification is hereby GRANTED as modified and subject to comment from the parties. Absent objections, the Court will certify a plaintiff class consisting of the following: All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness programs and services. The parties shall have until November 13, 2012, at 12:00 p.m., to submit letter objections, not to exceed three pages, regarding the Court's proposed class definition. It is further ORDERED that defendants have until November 19, 2012, to respond to plaintiffs' motion to seal, showing good cause why maintaining the relevant materials under seal is consistent with the presumption of access created by both the common law and the First Amendment. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). In any such response, defendants shall also address whether there is a basis to maintain the unredacted version of this Opinion and Order under seal. Absent a response, the Court will publicly file the unredacted version of this Opinion and Order and deny plaintiffs' motion to seal without further notice to the parties. In the meantime, the Clerk of Court is directed to maintain the unredacted version of this Opinion and Order under seal. It is important to note that the fact that plaintiffs have carried their burden at this stage, and class certification is appropriate, is not to say that the plaintiff class is entitled to the relief it ultimately seeks. It may be, as defendants vigorously assert, that the plaintiffs' claims are "patently false" and that the City has "carefully developed sophisticated operational and logistical plans and supporting resources that effectively serve the health and safety needs of all New Yorkers during emergencies, including those with disabilities." (Defs.' Opp'n Mem. at 1- 2). The fact that plaintiffs have carried their present burden is only to say that they have satisfied the requirements for proceeding by way of a class action. Whether they ultimately prevail will be determined at the trial scheduled to begin on December 10, 2012. (This document was previously sealed in envelope # 65 and unsealed by document # 71.) (Signed by Judge Jesse M. Furman on 11/7/2012) (lmb) (Entered: 12/17/2012)	Nov. 16, 2012	Nov. 16, 2012 RECAP
73	NOTICE OF CONFERENCE: A settlement conference in the above referenced matter has been scheduled for December 7, 2012, at 10:00 a.m., before Magistrate Judge Frank Maas, in Courtroom 20A, 500 Pearl Street, New York, NY 10007. Judge Maas' settlement procedures are attached. Requests for adjournment must be made to the Court, in writing, at least 48 hours prior to the conference. (Settlement Conference set for 12/7/2012 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas). (pl) (Entered: 11/20/2012)	Nov. 20, 2012	Nov. 20, 2012 PACER
74	ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 11/20/12 re: Counsel writes on behalf of the parties to advise the Court that they have agreed that fact discovery will be completed by 1/4/13 and that expert discovery will conclude by 2/1/13. ENDORSEMENT: So ordered. ( Expert Discovery due by 2/1/2013., Fact Discovery due by 1/4/2013.) (Signed by Judge Jesse M. Furman on 11/21/2012) (mro) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012 PACER
75	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Seal memorandum of law in support of. Document filed by The City of New York. (Attachments: # 1 Affidavit Declaration of Joseph Bruno)(Calhoun, Martha) Modified on 11/27/2012 (db). (Entered: 11/26/2012) 1 Affidavit Declaration of Joseph Bruno View on PACER	Nov. 26, 2012	Nov. 26, 2012 PACER
	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Martha Anne Calhoun to RE-FILE Document 75 MOTION to Seal memorandum of law in support of. Use the event type (1) Memorandum in Support of Motion; and also (2) Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. Re-File both documents separately, and link them both to the 52 Motion. (db)	Nov. 27, 2012	Nov. 27, 2012 PACER
76	MEMORANDUM OF LAW in Support re: 52 MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 11/27/2012)	Nov. 27, 2012	Nov. 27, 2012 PACER
77	DECLARATION of Joseph Bruno in Support re: 52 MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 11/27/2012)	Nov. 27, 2012	Nov. 27, 2012 PACER
78	ORDER granting in part and denying in part 52 Motion to Seal. For substantially the reasons stated in Defendants' November 27, 2012 Memorandum of Law in Support of Plaintiffs' Motion to Seal (Docket No. 76), Plaintiffs' August 31, 2012 Motion to Seal is GRANTED in part and DENIED in part. Specifically, it is hereby ORDERED that Plaintiffs shall file Exhibit N under seal. The Court is persuaded that there is no public right of access to this document at this stage of the proceedings. Plaintiffs are further ORDERED to publicly file unredacted versions of the remaining documents discussed in their motion on ECF. The Clerk of Court is directed to terminate the motion (Docket No. 52). (Signed by Judge Jesse M. Furman on 11/30/2012) (mro) (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012 PACER
79	SEALED DOCUMENT placed in vault.(nm) (Entered: 12/03/2012)	Dec. 3, 2012	Dec. 3, 2012 PACER
80	MEMORANDUM OF LAW in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 12/03/2012)	Dec. 3, 2012	Dec. 3, 2012 PACER
81	DECLARATION of SHAWNA L. PARKS in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit H, # 2 Exhibit J, # 3 Exhibit M, # 4 Exhibit O, # 5 Exhibit R, # 6 Exhibit S, # 7 Exhibit U)(Parks, Shawna) (Entered: 12/03/2012) 1 Exhibit H View on PACER 2 Exhibit J View on PACER 3 Exhibit M View on PACER 4 Exhibit O View on PACER 5 Exhibit R View on PACER 6 Exhibit S View on PACER 7 Exhibit U View on PACER	Dec. 3, 2012	Dec. 3, 2012 PACER
83	ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 2/1/2013 re: Counsel for the Defendants writes to request an extension of time to submit the joint pretrial order and request that the Court schedule a conference. ENDORSEMENT: The parties shall conduct the deposition of Deputy Mayor Holloway on February 5, 2013, or as soon thereafter as possible. The parties are granted until February 22, 2013, to submit the joint pretrial order and related filings. All other dates and deadlines remain in effect. (Deposition due by 2/5/2013. Joint Pretrial Order due by 2/22/2013.) (Signed by Judge Jesse M. Furman on 2/4/2013) (ab) (Entered: 02/04/2013)	Feb. 4, 2013	Feb. 4, 2013 PACER
84	Letter addressed to Judge Jesse M. Furman from Shawna L. Parks dated 2/4/2013 re: Counsel for the plaintiffs write in response to Defendants' requests to (1) postpone the pretrial filings, and (2) conduct an additional fact deposition and/or present this late witness at trial. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(ft) (Entered: 02/05/2013)	Feb. 5, 2013	Feb. 5, 2013 PACER
85	ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 2/19/2013 re: I write to respectfully request a two-week extension of the time to submit the joint pretrial order and related filings in the above-referenced matter. ENDORSEMENT: Application DENIED. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/20/2013) (ama) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013 PACER
86	Letter addressed to Judge Jesse M. Furman from Shawna L. Parks dated 2/19/2013 re: Plaintiffs write in response to Defendants' letter of today requesting another extension of the pre-trial and trial dates in this matter. Plaintiffs respectfully but strongly oppose postponement of the trial date in this case. (ama) (Entered: 02/20/2013)	Feb. 20, 2013	Feb. 20, 2013 PACER

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Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 26, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Organizations for people with disabilities and a class of "all people with disabilities, as defined by the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12102, who are within the City and the jurisdiction served by the City’s emergency preparedness programs and services."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City, City

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run