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

Clearinghouse coding complete

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…

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, under Title II of the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law (“NYCHRL”).

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.

Summary Authors

Nina Cahill (1/19/2018)

Sichun Liu (1/14/2020)

Related Cases

Center for the Independence of the Disabled v. Metropolitan Transportation Authority, New York state trial court (2017)

People

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


Judge(s)

Daniels, George B. (New York)

Forrest, Katherine Bolan (New York)

Attorneys(s) for Plaintiff

Brown, Daniel L (New York)

Caiola, Michelle Anne (New York)

Goodell, Maia Beth (New York)

Kolic, Jelena (Illinois)

Rodgers, Rebecca Juliet (New York)

Seaborn, Stuart (California)

Seelenfreund, Emily (New York)

Wolinsky, Sidney M. (California)

Judge(s)

Daniels, George B. (New York)

Forrest, Katherine Bolan (New York)

Attorneys(s) for Plaintiff

Brown, Daniel L (New York)

Caiola, Michelle Anne (New York)

Goodell, Maia Beth (New York)

Kolic, Jelena (Illinois)

Rodgers, Rebecca Juliet (New York)

Seaborn, Stuart (California)

Seelenfreund, Emily (New York)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Bowe, Martin John (New York)

Foley, Eamonn Francis (New York)

Hechtkopf, Helene Rachel (New York)

Kerwin, James Luke (New York)

Lipton, Ira J. (New York)

Manber, Miriam Jerry (New York)

Packrone, Seth Emmanuel (New York)

Silverberg, Steven Mark (New York)

Toews, Mark Galen (New York)

Other Attorney(s)

Boller, Robert James (New York)

Ross, Lauren Kelley (New York)

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

Resources

Docket

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

Last updated Aug. 6, 2022, 3:20 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: 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
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
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

***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
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
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
82

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)

June 27, 2018

June 27, 2018

PACER
83

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)

July 12, 2018

July 12, 2018

PACER
84

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)

July 27, 2018

July 27, 2018

PACER
85

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)

Aug. 14, 2018

Aug. 14, 2018

PACER
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. 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

View on PACER

2 Letter to Court

View on PACER

3 Pro Hac Vice Order for Admission

View on PACER

4 Certificate of Good Standing for Emily Seelenfreund

View on PACER

Aug. 29, 2018

Aug. 29, 2018

PACER

>>>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)

Aug. 29, 2018

Aug. 29, 2018

PACER
87

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)

Aug. 30, 2018

Aug. 30, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

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):

Non-profit NON-religious organization

Private Plaintiff

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

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

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

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Buildings

Funding

Government Services

Other

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run