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

Clearinghouse coding complete

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.

Summary Authors

Brian Kempfer (12/6/2013)

Virginia Weeks (3/23/2018)

Hope Brinn (4/10/2020)

Related Cases

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People

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


Judge(s)

Furman, Jesse Matthew (New York)

Maas, Frank S. (New York)

Attorneys(s) for Plaintiff

Brown, Daniel L (New York)

Chuang, Christine (California)

Kolic, Jelena (Illinois)

Parks, Shawna L (California)

Pinover, Julia (New York)

Rodgers, Rebecca Juliet (New York)

Smith, Mary-Lee Kimber (California)

Williford, Rebecca S. (California)

Judge(s)

Furman, Jesse Matthew (New York)

Maas, Frank S. (New York)

Attorneys(s) for Plaintiff

Brown, Daniel L (New York)

Chuang, Christine (California)

Kolic, Jelena (Illinois)

Parks, Shawna L (California)

Pinover, Julia (New York)

Rodgers, Rebecca Juliet (New York)

Smith, Mary-Lee Kimber (California)

Williford, Rebecca S. (California)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

Kruk, Carolyn Elizabeth (New York)

Serbin, Rebecca Catherine (New York)

Toews, Mark Galen (New York)

Other Attorney(s)

Bharara, Preetinder S. (New York)

Jukubowski, Teresa L. (District of Columbia)

Tinio, Rebecca S. (New York)

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

290 F.R.D. 409

Sept. 7, 2012

Sept. 7, 2012

Order/Opinion
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

980 F.Supp.2d 588, 2013 WL 5943995, 2013 U.S.Dist.LEXIS 159532

Nov. 7, 2013

Nov. 7, 2013

Order/Opinion
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

Resources

Docket

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

Last updated Aug. 8, 2022, 3:10 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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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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

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2 Exhibit H to S. Parks' Declaration

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3 Exhibit J to S. Parks' Declaration

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4 Exhibit M to S. Parks' Declaration

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5 Exhibit N to S. Parks' Declaration

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6 Exhibit O to S. Parks' Declaration

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7 Exhibit R to S. Parks' Declaration

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8 Exhibit S to S. Parks' Declaration

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9 Exhibit U to S. Parks' Declaration

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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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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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

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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

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2 Exhibit J

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3 Exhibit M

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4 Exhibit O

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5 Exhibit R

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6 Exhibit S

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7 Exhibit U

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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

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

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,700,000

Order Duration: 2015 - 2019

Content of Injunction:

Reasonable Accommodation

Reporting

Monitoring

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Bathrooms

Buildings

Communication skills

Disparate Impact

Disparate Treatment

Emergency shelter

Failure to train

Government Services

Housing

Housing assistance

Improper treatment of mentally ill suspects

Individualized planning

Placement in shelters

Reasonable Accommodations

Reasonable Modifications

Reassessment and care planning

Transportation

TTY/Close Captioning/Videophone/etc.

Website

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Integrated setting

Mental impairment

Mobility impairment

Visual impairment

Mental Disability:

Brain injury

Cerebral palsy

Down syndrome

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run