Center for Independence of the Disabled, New York v. Metropolitan Transportation Authority

Center for Independence of the Disabled, New York v. Metropolitan Transportation Authority

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)

CIVIL COVER SHEET filed. (Caiola, Michelle) (Entered: 04/25/2017)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

***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)

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)

Magistrate Judge Debra C. Freeman is so designated. (kl)

Case Designated ECF. (kl)

ELECTRONIC SUMMONS ISSUED as to Metropolitan Transportation Authority. (kl) (Entered: 04/26/2017)

ELECTRONIC SUMMONS ISSUED as to New York City Transit Authority. (kl) (Entered: 04/26/2017)

ELECTRONIC SUMMONS ISSUED as to The City Of New York. (kl) (Entered: 04/26/2017)

ELECTRONIC SUMMONS ISSUED as to Veronique Hakim. (kl) (Entered: 04/26/2017)

ELECTRONIC SUMMONS ISSUED as to Darryl C. Irick. (kl) (Entered: 04/26/2017)

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)

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

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2 Text of Proposed Order

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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

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2 Text of Proposed Order

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>>>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)

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

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2 Affidavit of Sidney Wolinsky

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3 Text of Proposed Order

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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

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2 Affidavit of Stuart Seaborn

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3 Text of Proposed Order

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>>>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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

NOTICE OF APPEARANCE by Mark Galen Toews on behalf of The City Of New York,. (Toews, Mark) (Entered: 07/26/2017)

Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 7/26/2017. (jp)

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)

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

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***DELETED DOCUMENT. Deleted document number 44 So-Ordered Stipulation. The document was incorrectly filed in this case. (rjm)

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)

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)

NOTICE OF APPEARANCE by Martin John Bowe, Jr on behalf of The City Of New York,. (Bowe, Martin) (Entered: 08/18/2017)

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)

Set/Reset Deadlines: The City Of New York, answer due 9/6/2017. (js)

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)

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)

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)

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)

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)

***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)

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)

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)

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)

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)

Set/Reset Deadlines: Responses due by 11/6/2017. Replies due by 11/13/2017. (ap)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Minute Entry for proceedings held before Judge Katherine B. Forrest: Telephonic Status Conference held on 4/13/2018. (jp)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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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)

ORDER. The telephonic status conference set for July 13, 2018 is hereby rescheduled to Thursday, July 12, 2018 at 12:30 p.m. The parties are directed to call Chambers (212-805-0276) from one line at that time. SO ORDERED. (Status Conference set for 7/12/2018 at 12:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/27/2018) (rjm) (Entered: 06/27/2018)

ORDER: The Court held a telephonic status conference on July 12, 2018 in the above captioned case. In accordance with the discussion had during that conference, the Court ordered as follows: 1. Fact discovery shall close on September 18, 2018 (but all requests for discovery shall be made on or before July 31, 2018); 2. Expert discovery shall close on October 16, 2018, initial expert reports shall be proffered not later than August 31, 2018, and rebuttal reports shall be provided not later than September 21, 2018; 3. The last date to file dispositive motions shall be October 30, 2018, with oppositions by November 20, 2018 and replies by December 4, 2018; 4. The joint pretrial order shall be filed not later than January 9, 2019; 5. The in-person final pretrial conference remains scheduled for January 16, 2018 at 1:00 p.m.; and 6. Trial shall commence on January 22, 2019. ( Discovery due by 7/31/2018. Expert Discovery due by 10/16/2018. Fact Discovery due by 9/18/2018. Motions due by 10/30/2018. joint Pretrial Order due by 1/9/2019. Responses due by 11/20/2018, Replies due by 12/4/2018., Final Pretrial Conference set for 1/16/2018 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/12/2018) (js) (Entered: 07/13/2018)

ORDER: A telephonic status conference is hereby scheduled for Friday, September 21, 2018 at 3:30 p.m. The parties shall call Chambers (212-805-0276) from one line at that time. So Ordered. ( Telephone Conference set for 9/21/2018 at 03:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/27/2018) (js) (Entered: 07/30/2018)

ORDER: The telephonic status conference that is currently scheduled for Friday, September 21, 2018, at 3:30 p.m. (see ECF No. 84) is hereby rescheduled to Friday, September 28, 2018, at 12:00 p.m. The parties shall provide Chambers with a call-in number ahead of the conference, unless the Court orders otherwise. So Ordered. ( Telephone Conference set for 9/28/2018 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/14/2018) (js) (Entered: 08/15/2018)

MOTION for Emily Seelenfreund to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15508296. 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 Affidavit Signed Affidavit, # 2 Letter to Court, # 3 Pro Hac Vice Order for Admission, # 4 Certificate of Good Standing for Emily Seelenfreund)(Seelenfreund, Emily) (Entered: 08/29/2018)

1 Affidavit Signed Affidavit

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2 Letter to Court

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3 Pro Hac Vice Order for Admission

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4 Certificate of Good Standing for Emily Seelenfreund

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 86 MOTION for Emily Seelenfreund to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15508296. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

ORDER FOR ADMISSION PRO HAC VICE granting 86 Motion for Emily Seelenfreund to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Katherine B. Forrest on 8/30/18) (yv) (Entered: 08/30/2018)