Case: Center for Independence of the Disabled v. Metropolitan Transportation Authority

1:17-cv-02990 | U.S. District Court for the Southern District of New York

Filed Date: April 25, 2017

Case Ongoing

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Case Summary

On April 25, 2017, a group of New York City disability rights organizations and three New York City residents who use wheelchairs filed this class-action lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the Metropolitan Transportation Authority, the interim executive director of the Metropolitan Transportation Authority, the New York City Transit Authority, the acting president of the New York City Transit Authority, and the City of New York…

The plaintiffs sought class-action certification; an order and judgment enjoining defendants from violating Title II of the ADA, Section 504 of the Rehabilitation Act of 1973, and the NYCHRL; declaratory relief; an order requiring defendants to institute system-wide policies and practices necessary to ensure the subway system elevators regularly operate in a useable and sanitary condition and provision of adequate notice and alternative accommodations when outages occur; and attorneys’ fees.

The plaintiffs claimed that the defendants’ failure to maintain the limited number of elevators in the subway caused the systematic discriminatory exclusion of hundreds of thousands of New Yorkers with mobility disabilities from New York City’s subway system in violation of state and federal law. Specifically, they claimed that the defendants’ failure to maintain the subway elevators caused riders with mobility disabilities to routinely face frequent elevator outages occurring without notice and lasting as long as several months; that the defendants gave no warning of outages and did not provide alternate accommodations when they occur; and that as a result of defendants’ failure to provide proper maintenance, they have denied New Yorkers with mobile disabilities access to public transportation.

The plaintiffs argued that the transit agency’s failure to provide an adequate number of elevators in the subway system violates the city’s human rights law, whose aim is to “eliminate and prevent discrimination from playing any role in actions relating to employment, public accommodations and housing and other real estate, and to take other actions against prejudice, intolerance, bigotry, discrimination and bias-related violence or harassment.” The plaintiffs' federal claims alleged that the transit agency’s failure to maintain operable elevators violated the Americans with Disabilities Act, which prohibits discriminating against people with disabilities in public facilities.

On September 6, 2017, the Court dismissed the action without prejudice as against the City of New York on the ground that the lease between the City and the Transit Authority gives the Transit Authority full jurisdiction, control, possession, and supervision of New York transit facilities and limits the City’s right of reentry to the leased facilities to repair service facilities that are not used for transit purposes.

On November 3, 2017, Judge Katherine B. Forrest issued an order certifying the action to proceed as a class action on behalf of all persons who use or seek to use the New York City subway system and have a disability that requires them to use an elevator to access the subway system.

The parties proceeded to discovery and deposition in 2018 and the case was reassigned to Judge Robert W. Sweet on September 20, 2018. Discovery continued under Judge Sweet, until he passed away on March 24, 2019. The case was reassigned to Judge George B. Daniels on April 8, 2019. On May 28, 2019, Judge Daniels terminated a motion for extension of time to complete discovery, a motion to compel, and a motion for discovery pursuant to the May 2, 2019, status conference. Two more motions were resolved on June 4, 2019.

On August 9, 2019, the plaintiffs filed a motion for partial summary judgment. They moved the court to find that the defendant discriminated against individuals with mobility disabilities by systemically failing to implement adequate, programmatic subway system elevator maintenance in violation of Title II of the ADA, Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law. Plaintiffs' experts also filed supporting statements.

On the same day, the defendants filed a motion for summary judgment. They moved the court to find in favor of the defendant on all claims in the complaint and dismiss the complaint in its entirety.

An oral argument was held on October 24, 2019. At the conclusion of oral argument, the court reserved decision on the motions and declined to set a trial date.

On November 14, 2019, the plaintiffs filed proposed findings of fact and conclusions of law. On November 18, the defendants briefly responded in a letter to the judge and asked that the plaintiffs’ filing be stricken from the docket because the filing was not solicited by the court.

The case is ongoing.

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Summary Authors

Nina Cahill (1/19/2018)

Sichun Liu (1/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6060215/parties/center-for-independence-of-the-disabled-new-york-v-metropolitan/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Adegbile, Debo Patrick (New York)

Anakhu, Joy Tolulope (New York)

Andalia, Candice Amber (New York)

Apostol, Barbara Jean (New York)

Aribakan, Suzanne Emily (New York)

Expert/Monitor/Master/Other

Judge(s)

Daniels, George B. (New York)

Forrest, Katherine Bolan (New York)

Attorney for Plaintiff

Brown, Daniel L (New York)

Caiola, Michelle Anne (New York)

Castle, Brittany (New York)

Chuang, Christine Hsiao-Ting (New York)

Goodell, Maia Beth (New York)

Hanski, Robert Gerald (New York)

Hanski, Adam Saul (New York)

Holzman, Chloe Ines (New York)

Kolic, Jelena (Illinois)

Parker, Glen Howard (New York)

Parks, Shawna Leigh (New York)

Pinover, Julia Miriam (New York)

Reichman, Madeleine J (New York)

Rodgers, Rebecca Juliet (New York)

Rosenthal, Joshua Morris (New York)

Schwartz, Arthur Z (New York)

Schwartz, Bryan Jeffrey (New York)

Seaborn, Stuart (California)

Seelenfreund, Emily (New York)

Serbin, Rebecca Catherine (New York)

Smith, Mary-Lee Kimber (New York)

Williford, Rebecca Susanne (New York)

Wolinsky, Sid (New York)

Wolinsky, Sidney M. (California)

Attorney for Defendant

Adegbile, Debo Patrick (New York)

Anakhu, Joy Tolulope (New York)

Andalia, Candice Amber (New York)

Apostol, Barbara Jean (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher Gregory (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Barnes, Jason Douglas (New York)

Benson, Craig Robert (New York)

Bhatt, Tina S. (New York)

Bhatt, Kavita K. (New York)

Bianco, Angelo Mario (New York)

Biberman, Dana Hope (New York)

Blank, Shira M. (New York)

Blosveren, Joshua L. (New York)

Booth, Amatullah Khaliha (New York)

Bowe, Martin John (New York)

Braman, Leonard Matthew (New York)

Braun, Daniel Michael (New York)

Bridge, Matthew (New York)

Briones, Joshua (New York)

Brocker, Peter William (New York)

Bruno, Kyle C. (New York)

Brustein, Evan Craig (New York)

Burd, Samantha Maxwell (New York)

Byrns, Katherine Abigail (New York)

Canfield, Donna Anne (New York)

Carson, Maryanne (New York)

Cartwright, Rachel Anne (New York)

Cavaleri, Damian Raphael (New York)

Chin, Ching Wah (New York)

Chiu, Daniel (New York)

Cirone, Thomas Joseph (New York)

Clark, Shawn Matthew (New York)

Connahan, Matthew Joseph (New York)

Connelly, Elizabeth Colette (New York)

Cooper, David Allen (New York)

Coyne, Christopher John (New York)

Daitz, Elizabeth M. (New York)

Deas, Thomas John (New York)

Deatley, Tavish Coryell (New York)

Decastro, Maria Fernanda (New York)

Degori, Elizabeth Carolyn (New York)

Deluca, Charles A. (New York)

Depoian, Carolyn Kay (New York)

Devine, Paul S. (New York)

Devlin, Austa Starr (New York)

Drinan, Robert Kenneth (New York)

Edmonds, Elizabeth (New York)

Efron, Steve S. (New York)

Ekelman, Felice B. (New York)

Evans, Paige Ann (New York)

Faddis, Hannah Victoria (New York)

Fagen, Leslie Gordon (New York)

Farr, Alec W (New York)

Farrar, Brian Jeremy (New York)

Feder, Eric Joel (New York)

Ferrier, Valerie K (New York)

Fihma, Allison Naomi (New York)

Fineman, Beck S. (New York)

Finestone, Emily Catherine (New York)

Fisher, Lorrette (New York)

Fitzpatrick, Brendan Thomas (New York)

Fleming, Michael Friel (New York)

Fogarty, Peter John (New York)

Foley, Eamonn Francis (New York)

Fragoso, Edwin (New York)

Frank, Philip Sebastian (New York)

Friedman, Joshua Mathew (New York)

Friedrich, Krista Ann (New York)

Fromm, Helene (New York)

Fuchs, Stephen Andrew (New York)

Fudim, Elissa Paulette (New York)

Garcia, John L (New York)

Garman, Ashley Rebecca (New York)

Gertzer, Michael Keith (New York)

Giambrone, Jessica (New York)

Giovanatti, Neil Anthony (New York)

Goldstein, Rebecca Ann (New York)

Goykadosh, Brachah (New York)

Grey, William Andrew (New York)

Gross, Jackie L. (New York)

Grupsmith, George S. (New York)

Gutmann, Joseph Aaron (New York)

Haber, Erica Michelle (New York)

Hall, Randolph Warren (New York)

Harrison, Bryan J (New York)

Hechtkopf, Helene Rachel (New York)

Herzog, Steven Craig (New York)

Hickey, Robert O. (New York)

Hoffman, Beth Jenifer (New York)

Hoguet, Laura B. (New York)

Hollander, David C (New York)

Hubscher, Sofia C (New York)

Jacobs, Elissa Beth (New York)

Jaffe, Evan F. (New York)

James, Joshua A (New York)

Jenerette, Tonya (New York)

Jenkins, Jared Ryan (New York)

Johnson, Gregory Charles (New York)

Johnson, Boyd Milo (New York)

Johnson, Gordon Jay (New York)

Johnson, Paul Hasan (New York)

Joyce, Kimberly (New York)

Jr, Martin John (New York)

Jr, Philip Joseph (New York)

Kahn, Elias Jay (New York)

Kamara, Baimusa (New York)

Karmel, Philip Elias (New York)

Karpousis, John F. (New York)

Kaufman, Beth L. (New York)

Kaye, Joshua David (New York)

Keaveney, Andrew Patrick (New York)

Kerwin, James Luke (New York)

Kim, Grace Diane (New York)

Kim, Melissa (New York)

Kitzinger, Stephen Edward (New York)

Klein, Douglas Joseph (New York)

Knauth, Daniel Christopher (New York)

Koduru, Jennifer Lilly (New York)

Kornikova, Anna A. (New York)

Kosh, Joel Howard (New York)

Kovner, Victor A. (New York)

Kramer, Liliya Perelman (New York)

Kurland, Sherrill M. (New York)

Kuruvilla, Ben Ninan (New York)

Lambert, Thomas S. (New York)

Lange, Kenneth R. (New York)

Larkin, Arthur Gabriel (New York)

Lax, Joshua Joseph (New York)

Lear, Lewis R. (New York)

Lesser, Robert I. (New York)

Leung, Christopher Kin (New York)

Lichterman, Ariel Shaun (New York)

Lipkin, Andrew Gary (New York)

Lipton, Ira J. (New York)

Louis, Ramy (New York)

Lucas, Andrew Joseph (New York)

Lulich, Aimee Kara (New York)

MacGregor, Alison Leigh (New York)

Manber, Miriam Jerry (New York)

Marcus, Natalie Sharon (New York)

Martin, Kathryn E (New York)

Mbaye, Lesley Berson (New York)

McCaffrey, Kevin Patrick (New York)

McIntosh, Kristen Monet (New York)

McQueen, Matthew William (New York)

McTiernan, Roger Paul (New York)

Melissinos, Nicholas (New York)

Melzer, Marc Aaron (New York)

Menaker, Francine Ellen (New York)

Mettham, Suzanna Publicker (New York)

Miller, Jeffrey Alan (New York)

Mindrutiu, Linda Margareta (New York)

Mishra, Anjan (New York)

Mitchell, Alison Sue (New York)

Modafferi, Matthew Joseph (New York)

Monteleone, Melissa Courtney (New York)

Morales, Esteban (New York)

Moy, Gary (New York)

Murphy, Ellen Deirdre (New York)

Mustafa, Sarah Tagrit (New York)

Nacchio, Michael (New York)

Nguyen, Diep (New York)

Nimick, Virginia Jackson (New York)

Nolan, Kristen Mary (New York)

O'Brien, John Charles (New York)

O'Connor, Andrea Mary (New York)

Oehsen, Gina M. (New York)

Ogden, David William (New York)

Okoh, Okwede Niesha (New York)

Oleske, John P. (New York)

Oliner, Daniel Harrison (New York)

Ortiz, Julie Ann (New York)

Osmond, Mark Andrew (New York)

Pacholec, Tomasz (New York)

Packrone, Seth Emmanuel (New York)

Palencia, Gabriella D (New York)

Passeser, Daniel Louis (New York)

Perry, Kathy R. (New York)

Piercey, Evan Michael (New York)

Pierre, Lucienne (New York)

Pierre-Louis, Luc Christopher (New York)

Pischl, Stephen Paul (New York)

Pogula, Monica Mongillo (New York)

Pollack, David Michael (New York)

Preston, Andrew Kenneth (New York)

Profeta, Lawrence John (New York)

Proshansky, Eric (New York)

Pullman, Sandra Elizabeth (New York)

Renaghan, Sean Robert (New York)

Rieman, Walter (New York)

Rievman, Joshua Daniel (New York)

Roberts, Thomas B. (New York)

Robinson, Amy (New York)

Rodriguez, Wilda Jacqueline (New York)

Rosenbaum, Todd Fredrick (New York)

Rosenblatt, Keith Jay (New York)

Rush, Brian P (New York)

Ryan, Erin Teresa (New York)

Saavedra, Daniel Guillermo (New York)

Saint-Fort, Dominique F. (New York)

Sampale, Suvarna S. (New York)

Sanghvi, Saurabh (New York)

Sarpong, Nana Kwame (New York)

Schaerf, Carl J. (New York)

Scharfstein, Susan P. (New York)

Scheiner, Alan Howard (New York)

Schoolman, Richard (New York)

Scoville, William Beecher (New York)

Seacord, Christopher Aaron (New York)

Selvin, Karen Beth (New York)

Shaffer, Ryan Glenn (New York)

Shammas, Cheryl Leah (New York)

Shaw, Susan Abigail (New York)

Shoffel, Amanda (New York)

Siddiqi, Omar Javed (New York)

Silverberg, Steven Mark (New York)

Siravo, Michael Paul (New York)

Siskind, Shira Rachel (New York)

Sistrom, Peter Andrew (New York)

Sivin, Joshua Michael (New York)

Sohn, Liza Jin (New York)

Speight, Melanie Mary (New York)

Stackhouse, Noreen M. (New York)

Stannard, Geoffrey Mcmillan (New York)

Steinman, Linda Jane (New York)

Stodola, Damion Kenneth (New York)

Strikowsky, Bruce (New York)

Swartz, Rhiana Lauren (New York)

Tanne, Mariel Alyson (New York)

Telfort, Pernell Michael (New York)

Thadani, Kavin Suresh (New York)

Thomas, Angelie (New York)

Toews, Mark Galen (New York)

Toson, Lilia Isobel (New York)

Wachs, Melissa (New York)

Wanner, Bradley Michael (New York)

Ward, Alison K. (New York)

Weber, Steven Douglas (New York)

Weingarten, Richard Keith (New York)

Weinstein, Sheila (New York)

Weintraub, Jeremy Miguel (New York)

Weiss, Dara Lynn (New York)

Weng, Jenny Sue-Ya (New York)

Wilson, Angharad (New York)

Winslow, Lamar Devaughn (New York)

Wisniewski, Jessica (New York)

Witkin, Eric Douglas (New York)

Yost, William Howard (New York)

Zimmerman, Tobias Eli (New York)

Zinonos, Byron Zinon (New York)

Zoldessy, Jason A (New York)

Zuckerman, Mark David (New York)

Expert/Monitor/Master/Other

Boller, Robert James (New York)

Ross, Lauren Kelley (New York)

Sonn, Paul K. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:17-cv-02990	Docket [PACER] Center for Independence of the Disabled, New York v. Metropolitan Transportation Authority	Nov. 21, 2019	Nov. 21, 2019 Docket
1 1:17-cv-02990	Complaint Center for Independence of the Disabled, New York v. Metropolitan Transportation Authority	April 25, 2017	April 25, 2017 Complaint
53 1:17-cv-02990	Stipulation of Dismissal Without Prejudice	Sept. 6, 2017	Sept. 6, 2017 Order/Opinion
63 1:17-cv-02990	Stipulation and Order Certifying Class	Nov. 3, 2017	Nov. 3, 2017 Order/Opinion
143 1:17-cv-02990	Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment	Aug. 9, 2019	Aug. 9, 2019 Pleading / Motion / Brief
162 1:17-cv-02990	Transit Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment	Aug. 9, 2019	Aug. 9, 2019 Pleading / Motion / Brief
193 1:17-cv-02990	Plaintiffs' Proposed Findings of Fact and Conclusions of Law	Nov. 14, 2019	Nov. 14, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6060215/center-for-independence-of-the-disabled-new-york-v-metropolitan/

Last updated March 2, 2025, 9:31 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority, The City Of New York,. (Filing Fee $ 400.00, Receipt Number 0208-13580030)Document filed by New York Statewide Senior Action Council, Bronx Independent Living Services, Sasha Blair-Goldensohn, Dustin Jones, Brooklyn Center for Independence of the Disabled, Chris Pangilinan, Center for Independence of the Disabled, New York, Harlem Independent Living Center, Disabled In Action of Metropolitan New York.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
2	CIVIL COVER SHEET filed. (Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 RECAP
3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
5	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
6	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
7	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
8	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
9	REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Transportation Authority, re: 1 Complaint,,. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
10	REQUEST FOR ISSUANCE OF SUMMONS as to New York City Transit Authority, re: 1 Complaint,,. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
11	REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint,,. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
12	REQUEST FOR ISSUANCE OF SUMMONS as to Veronique Hakim, re: 1 Complaint,,. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
13	REQUEST FOR ISSUANCE OF SUMMONS as to Darryl C. Irick, Acting President, re: 1 Complaint,,. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Caiola, Michelle) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
14	NOTICE OF APPEARANCE by Jelena Kolic on behalf of Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, New York Statewide Senior Action Council, Chris Pangilinan. (Kolic, Jelena) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
15	NOTICE OF APPEARANCE by Rebecca Juliet Rodgers on behalf of Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Rodgers, Rebecca) (Entered: 04/25/2017)	April 25, 2017	April 25, 2017 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michelle Anne Caiola. The party information for the following party/parties has been modified: Darryl C. Irick, New York City Transit Authority, Veronique Hakim, Metropolitan Transportation Authority, Dustin Jones, Chris Pangilinan, Sasha Blair-Goldensohn, New York Statewide Senior Action Council, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)	April 26, 2017	April 26, 2017 PACER
	Case Opening Initial Assignment Notice	April 26, 2017	April 26, 2017 PACER
	Notice to Attorney Regarding Party Modification	April 26, 2017	April 26, 2017 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)	April 26, 2017	April 26, 2017 PACER
	Magistrate Judge Debra C. Freeman is so designated. (kl)	April 26, 2017	April 26, 2017 PACER
	Case Designated ECF. (kl)	April 26, 2017	April 26, 2017 PACER
16	ELECTRONIC SUMMONS ISSUED as to Metropolitan Transportation Authority. (kl) (Entered: 04/26/2017)	April 26, 2017	April 26, 2017 PACER
17	ELECTRONIC SUMMONS ISSUED as to New York City Transit Authority. (kl) (Entered: 04/26/2017)	April 26, 2017	April 26, 2017 PACER
18	ELECTRONIC SUMMONS ISSUED as to The City Of New York. (kl) (Entered: 04/26/2017)	April 26, 2017	April 26, 2017 PACER
19	ELECTRONIC SUMMONS ISSUED as to Veronique Hakim. (kl) (Entered: 04/26/2017)	April 26, 2017	April 26, 2017 PACER
20	ELECTRONIC SUMMONS ISSUED as to Darryl C. Irick. (kl) (Entered: 04/26/2017)	April 26, 2017	April 26, 2017 PACER
21	ORDER: Initial Conference set for 6/12/2017 at 01:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 4/27/2017) (cla) (Entered: 04/27/2017)	April 27, 2017	April 27, 2017 PACER
22	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sidney M. Wolinsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13600430. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Wolinsky, Sid) Modified on 4/28/2017 (ma). (Entered: 04/28/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Text of Proposed Order View on PACER	April 28, 2017	April 28, 2017 PACER
	Notice Regarding Deficient Motion to Appear Pro Hac Vice	April 28, 2017	April 28, 2017 PACER
23	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stuart J. Seaborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13600747. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Seaborn, Stuart) Modified on 4/28/2017 (ma). (Entered: 04/28/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Text of Proposed Order View on PACER	April 28, 2017	April 28, 2017 PACER
	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 23 MOTION for Stuart J. Seaborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13600747. Motion and supporting papers to be reviewed by Clerk's Office staff., 22 MOTION for Sidney M. Wolinsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13600430. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)	April 28, 2017	April 28, 2017 PACER
24	MOTION for Sidney M. Wolinsky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Attachments: # 1 Errata Certificate of Good Standing, # 2 Affidavit of Sidney Wolinsky, # 3 Text of Proposed Order)(Wolinsky, Sid) (Entered: 05/02/2017) 1 Errata Certificate of Good Standing View on PACER 2 Affidavit of Sidney Wolinsky View on PACER 3 Text of Proposed Order View on PACER	May 2, 2017	May 2, 2017 PACER
25	MOTION for Stuart J. Seaborn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit of Stuart Seaborn, # 3 Text of Proposed Order)(Seaborn, Stuart) (Entered: 05/02/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Affidavit of Stuart Seaborn View on PACER 3 Text of Proposed Order View on PACER	May 2, 2017	May 2, 2017 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Stuart J. Seaborn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., 24 MOTION for Sidney M. Wolinsky to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)	May 3, 2017	May 3, 2017 PACER
	Notice Regarding Pro Hac Vice Motion	May 3, 2017	May 3, 2017 PACER
26	ORDER FOR ADMISSION PRO HAC VICE: granting 24 Motion for Sidney M. Wolinsky to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 5/4/2017) (ap) (Entered: 05/04/2017)	May 4, 2017	May 4, 2017 PACER
27	ORDER FOR ADMISSION PRO HAC VICE granting 25 Motion for Stuart J. Seaborn to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 5/5/2017) (mro) (Entered: 05/05/2017)	May 5, 2017	May 5, 2017 PACER
28	NOTICE OF APPEARANCE by James Luke Kerwin on behalf of Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Kerwin, James) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
29	AFFIDAVIT OF SERVICE of Summons and Complaint,,. Metropolitan Transportation Authority served on 5/2/2017, answer due 5/23/2017. Service was accepted by Jana Parker, Legal Clerk. Document filed by New York Statewide Senior Action Council; Bronx Independent Living Services; Sasha Blair-Goldensohn ; Dustin Jones; Brooklyn Center for Independence of the Disabled; Chris Pangilinan; Center for Independence of the Disabled, New York ; Harlem Independent Living Center; Disabled In Action of Metropolitan New York. (Caiola, Michelle) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
30	AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Transit Authority served on 5/2/2017, answer due 5/23/2017. Service was accepted by Laverne Sterling, Legal Clerk. Document filed by New York Statewide Senior Action Council; Bronx Independent Living Services; Sasha Blair-Goldensohn ; Dustin Jones; Brooklyn Center for Independence of the Disabled; Chris Pangilinan; Center for Independence of the Disabled, New York ; Harlem Independent Living Center; Disabled In Action of Metropolitan New York. (Caiola, Michelle) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
31	AFFIDAVIT OF SERVICE of Summons and Complaint,,. The City Of New York, served on 5/2/2017, answer due 5/23/2017. Service was accepted by Betty Mazyck, Legal Clerk. Document filed by New York Statewide Senior Action Council; Bronx Independent Living Services; Sasha Blair-Goldensohn ; Dustin Jones; Brooklyn Center for Independence of the Disabled; Chris Pangilinan; Center for Independence of the Disabled, New York ; Harlem Independent Living Center; Disabled In Action of Metropolitan New York. (Caiola, Michelle) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
32	AFFIDAVIT OF SERVICE of Summons and Complaint,,. Veronique Hakim served on 5/2/2017, answer due 5/23/2017. Service was accepted by Jana Parker, Legal Clerk. Document filed by New York Statewide Senior Action Council; Bronx Independent Living Services; Sasha Blair-Goldensohn ; Dustin Jones; Brooklyn Center for Independence of the Disabled; Chris Pangilinan; Center for Independence of the Disabled, New York ; Harlem Independent Living Center; Disabled In Action of Metropolitan New York. (Caiola, Michelle) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
33	AFFIDAVIT OF SERVICE of Summons and Complaint,,. Darryl C. Irick served on 5/2/2017, answer due 5/23/2017. Service was accepted by Laverne Sterling, Legal Clerk. Document filed by New York Statewide Senior Action Council; Bronx Independent Living Services; Sasha Blair-Goldensohn ; Dustin Jones; Brooklyn Center for Independence of the Disabled; Chris Pangilinan; Center for Independence of the Disabled, New York ; Harlem Independent Living Center; Disabled In Action of Metropolitan New York. (Caiola, Michelle) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
34	NOTICE OF APPEARANCE by Daniel L. Brown on behalf of Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Brown, Daniel) (Entered: 05/11/2017)	May 11, 2017	May 11, 2017 PACER
35	JOINT LETTER MOTION to Adjourn Conference and to Extend Time to Answer Complaint addressed to Judge Katherine B. Forrest from James L. Kerwin dated May 16, 2017. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority.(Kerwin, James) (Entered: 05/16/2017)	May 16, 2017	May 16, 2017 PACER
36	ORDER granting 35 Letter Motion to Adjourn Conference. Ordered. 1. IPTC adjourned to 7/26/17 at 1pm. (I'm not available on your August 11 date). 2. Time to respond/answer extended to 8/21/17. (Initial Conference set for 7/26/2017 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/17/17) (yv) (Entered: 05/18/2017)	May 18, 2017	May 18, 2017 PACER
	Set/Reset Deadlines: Veronique Hakim answer due 8/21/2017; Metropolitan Transportation Authority answer due 8/21/2017; New York City Transit Authority answer due 8/21/2017. (yv)	May 18, 2017	May 18, 2017 PACER
37	JOINT PRE-CONFERENCE STATEMENT / Proposed Scheduling Order. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority.(Kerwin, James) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
38	NOTICE OF APPEARANCE by Ira Jonathan Lipton on behalf of Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Lipton, Ira) (Entered: 07/25/2017)	July 25, 2017	July 25, 2017 PACER
39	NOTICE OF APPEARANCE by Helene Rachel Hechtkopf on behalf of Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Hechtkopf, Helene) (Entered: 07/25/2017)	July 25, 2017	July 25, 2017 PACER
40	NOTICE OF APPEARANCE by Eamonn F. Foley on behalf of Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Foley, Eamonn) (Entered: 07/26/2017)	July 26, 2017	July 26, 2017 PACER
41	NOTICE OF APPEARANCE by Mark Galen Toews on behalf of The City Of New York,. (Toews, Mark) (Entered: 07/26/2017)	July 26, 2017	July 26, 2017 PACER
	Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 7/26/2017. (jp)	July 26, 2017	July 26, 2017 PACER
42	SCHEDULING ORDER: Application to extend discovery based on rule 16 conference should by 9/15/2017. class cert. motion (R.23) 11/6/2017, 12/22/2017 and 1/25/2018. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Trial will not be before a jury. trial is anticipated to take 1 week. Motions due by 9/4/2018. Responses due by 9/25/2018 Replies due by 10/2/2018. Fact Discovery due by 6/21/2018. Expert Discovery due by 8/21/2018. Final Pretrial Conference set for 12/4/2018 at 01:00 PM before Judge Katherine B. Forrest. Status Conference set for 10/20/2018 at 10:00 AM before Judge Katherine B. Forrest. Joint Pretrial Order due by 11/28/2018. .Settlement discussions must occur in parallel to this (schedule will not be adjourned, except in very unusual situations, for settlement discussions). So Ordered. (Signed by Judge Katherine B. Forrest on 7/26/2017) (js) Modified on 8/9/2017 (js). (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 PACER
43	LETTER MOTION to Stay the action as against the City of New York addressed to Judge Katherine B. Forrest from Martin Bowe dated August 16, 2017. Document filed by The City Of New York,. (Attachments: # 1 Text of Proposed Order)(Bowe, Martin) (Entered: 08/16/2017) 1 Text of Proposed Order View on PACER	Aug. 16, 2017	Aug. 16, 2017 PACER
44	Stipulation and Order AND ~Util - Terminate Motions	Aug. 17, 2017	Aug. 17, 2017 PACER
	***DELETED DOCUMENT. Deleted document number 44 So-Ordered Stipulation. The document was incorrectly filed in this case. (rjm)	Aug. 17, 2017	Aug. 17, 2017 PACER
54	MEMO ENDORSEMENT on PROPOSED STIPULATION. ENDORSEMENT: Ordered. I don't want to "stay" the action as to NYC. Either NYC is in or out. It sounds like you can dismiss subject to a tolling agreement that would allow either party to trigger it and refile the action. Let me know if that would work. Motions terminated: 43 LETTER MOTION to Stay the action as against the City of New York addressed to Judge Katherine B. Forrest from Martin Bowe dated August 16, 2017. Document filed by The City Of New York. (Signed by Judge Katherine B. Forrest on 8/17/2017) (rjm) (Entered: 09/08/2017)	Aug. 17, 2017	Aug. 17, 2017 PACER
45	LETTER MOTION for Extension of Time of the City's time to respond to the complaint addressed to Judge Katherine B. Forrest from Martin Bowe dated August 18, 2017. Document filed by The City Of New York,.(Bowe, Martin) (Entered: 08/18/2017)	Aug. 18, 2017	Aug. 18, 2017 PACER
46	NOTICE OF APPEARANCE by Martin John Bowe, Jr on behalf of The City Of New York,. (Bowe, Martin) (Entered: 08/18/2017)	Aug. 18, 2017	Aug. 18, 2017 PACER
47	ORDER granting 45 Letter Motion for Extension of Time to respond to the Complaint. So Ordered.. (Signed by Judge Katherine B. Forrest on 8/21/2017) (js) (Entered: 08/21/2017)	Aug. 21, 2017	Aug. 21, 2017 PACER
	Set/Reset Deadlines: The City Of New York, answer due 9/6/2017. (js)	Aug. 21, 2017	Aug. 21, 2017 PACER
48	ANSWER to 1 Complaint,,. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority.(Hechtkopf, Helene) (Entered: 08/21/2017)	Aug. 21, 2017	Aug. 21, 2017 PACER
49	TRANSCRIPT of Proceedings re: conference held on 7/26/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/22/2017.(McGuirk, Kelly) (Entered: 08/24/2017)	Aug. 24, 2017	Aug. 24, 2017 PACER
50	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/24/2017)	Aug. 24, 2017	Aug. 24, 2017 PACER
51	NOTICE OF APPEARANCE by Maia Beth Goodell on behalf of Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Goodell, Maia) (Entered: 08/25/2017)	Aug. 25, 2017	Aug. 25, 2017 PACER
52	FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) The City Of New York, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The City Of New York,.(Bowe, Martin) Modified on 9/5/2017 (dt). (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Martin Bowwe for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 52 Stipulation of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt)	Sept. 5, 2017	Sept. 5, 2017 PACER
	Note to Attorney to E-Mail PDF	Sept. 5, 2017	Sept. 5, 2017 PACER
53	STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Now therefore, with the agreement of all Parties, this action is dismissed without prejudice as against City of New York. So Ordered (Signed by Judge Katherine B. Forrest on 9/6/2017) (js) (Entered: 09/06/2017)	Sept. 6, 2017	Sept. 6, 2017 PACER
	Notice Regarding Deleted Document	Sept. 8, 2017	Sept. 8, 2017 PACER
55	NOTICE OF APPEARANCE by Miriam Jerry Manber on behalf of Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Manber, Miriam) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
56	LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Katherine B. Forrest from Ira J. Lipton dated September 15, 2017. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority.(Manber, Miriam) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
57	ORDER: granting 56 Letter Motion for Extension of Time to Complete Discovery. So ordered. A new schedule with all dates shall issue shortly. Motions due by 10/16/2017. Response due by 11/6/2018. Reply due by 11/13/2017. Pretrial order due by 1/9/2018. (Signed by Judge Katherine B. Forrest on 9/15/2017) (ap) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
	Set/Reset Deadlines: Responses due by 11/6/2017. Replies due by 11/13/2017. (ap)	Sept. 15, 2017	Sept. 15, 2017 PACER
58	ORDER: The Court received the defendants' request to extend the discovery deadlines. (ECF No. 56.) The Court hereby sets out the following amended schedule: ( Expert Discovery due by 10/2/2018., Fact Discovery due by 7/31/2018., Motions due by 10/16/2018., Joint Pretrial Order due by 1/9/2019., Responses due by 11/6/2018, Replies due by 11/13/2018., Final Pretrial Conference set for 1/16/2019 at 01:00 PM before Judge Katherine B. Forrest., Telephone Conference set for 10/20/2017 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/19/2017) (js) (Entered: 09/19/2017)	Sept. 19, 2017	Sept. 19, 2017 PACER
59	NOTICE OF APPEARANCE by Steven Mark Silverberg on behalf of Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Silverberg, Steven) (Entered: 09/19/2017)	Sept. 19, 2017	Sept. 19, 2017 PACER
60	MOTION for Stuart J. Seaborn to Withdraw as Attorney . Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Seaborn, Stuart) (Entered: 09/25/2017)	Sept. 25, 2017	Sept. 25, 2017 PACER
61	MEMO ENDORSEMENT: on re: 60 NOTICE OF MOTION TO WITHDRAWAL OF COUNSEL, for Stuart J. Seaborn to Withdraw as Attorney, filed by Center for Independence of the Disabled, New York, Brooklyn Center for Independence of the Disabled, Harlem Independent Living Center, Sasha Blair-Goldensohn, New York Statewide Senior Action Council, Disabled In Action of Metropolitan New York, Chris Pangilinan, Dustin Jones, Bronx Independent Living Services. ENDORSEMENT: So ordered. Attorney Stuart John Seaborn terminated. (Signed by Judge Katherine B. Forrest on 9/27/2017) (ap) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
62	ORDER. The Court held a telephonic status conference on October 20, 2017. The Court now clarifies the questions it posed about notice for a Rule 23(b)(2) class for purely injunctive and declaratory relief. While the Court may require that notice be provided to a (b)(2) class, Rule 23(c)(2)(A) makes such notice discretionary. The Court declines to require notice at this stage of the litigation. Should the parties reach a settlement or other final disposition, the Court will at that time, per Rule 23(e), determine if/what type of notice shall be provided. Furthermore, the Court misspoke when it referred to an "opt out" provision, given that the plaintiffs seek purely injunctive and declaratory relief. The Court will hold another telephonic status conference on this matter on Friday, January 19, 2018 at 4:30 p.m. The parties shall call Chambers (212-805-0276) from one line at that time. SO ORDERED. (Telephone Conference set for 1/19/2018 at 04:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/20/2017) (rjm) (Entered: 10/20/2017)	Oct. 20, 2017	Oct. 20, 2017 PACER
63	STIPULATION AND ORDER CERTIFYING CLASS:NOW, THEREFORE, IT IS STIPULATED AND SO ORDERED THAT: 1. The requirements of Rule 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure having been met, this action is certified to proceed as a class action on behalf of all persons who use or seek to use the New York City subway system, and have a disability that requires them to use an elevator to access the subway system (the "Class"). 2. Sasha Blair-Goldensohn. Chris Pangilinan, and Dustin Jones are appointed representatives for the Class. 3. Disability Rights Advocates and Sheppard Mullin Richter & Hampton LLP are appointed counsel for the Class. (Signed by Judge Katherine B. Forrest on 11/3/2017) (js) (Entered: 11/06/2017)	Nov. 3, 2017	Nov. 3, 2017 PACER
64	ORDER: The telephonic status conference currently scheduled for Friday, January 19, 2018 at 4:30 p.m. is rescheduled to Wednesday, January 24, 2018 at 2:30 p.m. Parties shall call Chambers (212-806-0276) from one line at that time. (Telephone Conference set for 1/24/2018 at 2:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/18/2018) (ap) (Entered: 01/18/2018)	Jan. 18, 2018	Jan. 18, 2018 PACER
65	ORDER: The Court held a telephonic status conference on this matter on January 24, 2018. The next telephonic status conference is hereby scheduled for Friday, April 13, 2018 at 9:00 a.m. The parties shall call Chambers (212-805-0276) from one line at that time. (Telephone Conference set for 4/13/2018 at 9:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/24/2018) (ap) (Entered: 01/24/2018)	Jan. 24, 2018	Jan. 24, 2018 PACER
66	PROTECTIVE ORDER PURSUANT TO F.R.E. 502(d): ORDERED that if, in connection with this litigation, a party inadvertently discloses information subject to a claim of attorney-client privilege or work-product protection ("Inadvertently Disclosed Information"), such disclosure shall not constitute or be deemed a waiver or forfeiture of any claim of privilege or work-product protection with respect to the Inadvertently Disclosed Information and its subject matter. IT IS FURTHER ORDERED that if a disclosing party makes a claim of inadvertent disclosure, the receiving party shall, within five business days, return or destroy all copies of the Inadvertently Disclosed Information, and provide a certification of counsel that all such information has been returned or destroyed. Within five business days of the notification that such Inadvertently Disclosed Information has been returned or destroyed, the disclosing party shall produce a privilege log with respect to the Inadvertently Disclosed Information. The receiving party may move the Court for an Order compelling production of the Inadvertently Disclosed Information. The motion shall be filed under seal and shall not assert as a ground forentering such an Order the fact or circumstances of the inadvertent production. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/12/2018) (ama) (Entered: 03/12/2018)	March 12, 2018	March 12, 2018 PACER
67	NOTICE OF CHANGE OF ADDRESS by Rebecca Juliet Rodgers on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York, USA 10017, 2126448644. (Rodgers, Rebecca) (Entered: 03/12/2018)	March 12, 2018	March 12, 2018 PACER
68	NOTICE OF CHANGE OF ADDRESS by Maia Beth Goodell on behalf of Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York (NY), 10017, 2126448644. (Goodell, Maia) (Entered: 03/13/2018)	March 13, 2018	March 13, 2018 PACER
69	NOTICE OF CHANGE OF ADDRESS by Michelle Anne Caiola on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 655 Third Avenue, 14th Floor, New York, New York, USA 10017, 2126448644. (Caiola, Michelle) (Entered: 03/22/2018)	March 22, 2018	March 22, 2018 PACER
	Minute Entry for proceedings held before Judge Katherine B. Forrest: Telephonic Status Conference held on 4/13/2018. (jp)	April 13, 2018	April 13, 2018 PACER
70	ORDER: The Court held a telephonic status conference on this matter on April 13, 2018. As discussed in the conference: A proposed schedule for depositions shall be submitted to the Court not later than April 23, 2018; All document production shall be completed not later than May 4, 2018; A telephonic status conference shall be held in this matter on Friday, July 13, 2018 at 1:00 p.m. (Deposition due by 4/23/2018. Status Conference set for 7/13/2018 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/17/2018) (jwh) (Entered: 04/17/2018)	April 17, 2018	April 17, 2018 PACER
71	JOINT LETTER MOTION for Extension of Time to File Proposed Schedule for Depositions addressed to Judge Katherine B. Forrest from Daniel L. Brown dated April 23, 2018. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Brown, Daniel) (Entered: 04/23/2018)	April 23, 2018	April 23, 2018 PACER
72	ORDER granting 71 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/25/2018) (mml) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 PACER
73	JOINT LETTER addressed to Judge Katherine B. Forrest from Ira J. Lipton dated April 30, 2018 re: Deposition Schedule. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority.(Manber, Miriam) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 PACER
74	JOINT LETTER addressed to Judge Katherine B. Forrest from Ira J. Lipton dated April 30, 2018 re: Deposition Schedule - CORRECTED. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority.(Manber, Miriam) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 PACER
75	MEMO ENDORSEMENT on re: 74 JOINT LETTER addressed to Judge Katherine B. Forrest from Ira J. Lipton dated April 30, 2018 re: Deposition Schedule - CORRECTED. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. ENDORSEMENT: So ordered. (Deposition due by 7/12/2018.) (Signed by Judge Katherine B. Forrest on 5/1/2018) (rjm) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
76	TRANSCRIPT of Proceedings re: CONFERENCE held on 1/24/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 7/31/2018.(McGuirk, Kelly) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
77	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/24/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
78	NOTICE OF APPEARANCE by Seth Emmanuel Packrone on behalf of Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan. (Packrone, Seth) (Entered: 05/31/2018)	May 31, 2018	May 31, 2018 PACER
79	LETTER addressed to Judge Katherine B. Forrest from Michelle Caiola dated June 6, 2018 re: Request to the Court to Compel Defendants to produce Mr. Andrew Byford, President of the New York City Transit Authority (NYCTA), to appear for deposition pursuant to a properly served notice dated May 16, 2018.. Document filed by Sasha Blair-Goldensohn, Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled In Action of Metropolitan New York, Harlem Independent Living Center, Dustin Jones, New York Statewide Senior Action Council, Chris Pangilinan.(Caiola, Michelle) (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
80	LETTER addressed to Judge Katherine B. Forrest from Ira J. Lipton dated June 11, 2018 re: Plaintiff's motion to compel the deposition of NYCT President Andy Byford. Document filed by Veronique Hakim, Darryl C. Irick, Metropolitan Transportation Authority, New York City Transit Authority. (Attachments: # 1 Andy Byford declaration)(Hechtkopf, Helene) (Entered: 06/11/2018) 1 Andy Byford declaration View on PACER	June 11, 2018	June 11, 2018 PACER
81	ORDER re: 80 Letter, filed by Darryl C. Irick, Metropolitan Transportation Authority, Veronique Hakim, New York City Transit Authority. Before the Court is plaintiffs motion to compel defendants to produce Andrew Byford, President of the New York City Transit Authority, to appear for a deposition. Having carefully reviewed the submissions, the Court DENIES the motion. The material facts of the complaint will not be developed through this witness. While he is in possession of some relevant information, the facts needed to either prove liability or provide relief will not be drawn from his views or opinions but from the facts of what happened. There are other witnesses better positioned to provide relevant information in this matter. SO ORDERED. (Signed by Judge Katherine B. Forrest on 6/14/2018) (ne) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 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: April 25, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who use or seek to use the New York City Subway system, and have a disability that requires them to use the elevator to access the subway system.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City Transit Authority, Private Entity/Person

City of New York (New York City, NY), City

Metropolitan Transit Authority (New York City), Private Entity/Person

Defendant Type(s):