Case: Scharff v. Shah-Gavnoudias

2:10-cv-04208 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 15, 2010

Clearinghouse coding complete

Case Summary

On September 15, 2010, plaintiffs, represented by private counsel, filed suit against the County of Nassau and the Commissioner of the Nassau County Department of Public Works, in her official capacity, for violations of the Americans with Disabilities Act (ADA) and Rehabilitation Act. The three named plaintiffs were visually impaired residents and members of the Long Island Council of the Blind (LICB), a private volunteer organization affiliated with the American Council of the Blind of New Yo…

On September 15, 2010, plaintiffs, represented by private counsel, filed suit against the County of Nassau and the Commissioner of the Nassau County Department of Public Works, in her official capacity, for violations of the Americans with Disabilities Act (ADA) and Rehabilitation Act. The three named plaintiffs were visually impaired residents and members of the Long Island Council of the Blind (LICB), a private volunteer organization affiliated with the American Council of the Blind of New York. Plaintiffs sought declaratory and injunctive relief, compensatory damages, and attorney’s fees. The case was initially assigned to Judge Denis Reagan Hurley and was referred to Judge Gary R. Brown over the course of litigation.

Plaintiffs had advocated since 2000 for the installation of accessible pedestrian signals (APS) in Nassau County. According to plaintiffs, defendants were obligated to install APS at intersections controlled by the county under 28 CFR § 35.130, Title II of the ADA, and the Rehabilitation Act. Plaintiffs stated that despite their repeated requests, local officials refused to install APS on high traffic roads, even in areas where renovations were already underway. The plaintiffs alleged that the discrimination by the defendants was knowing and intentional, causing them injury to their civil rights, emotional distress, and apprehension of bodily harm. Defendants admitted that they did not have a formalized process or policy for considering the installation of APS but denied violating the ADA. A lengthy discovery process followed.

On April 17, 2012, the parties held a settlement conference during which the plaintiffs agreed to supply the defendants with a modified list of the intersections on one of the high traffic streets that was one of the subjects of the suit. The defendants agreed to then report back within two weeks of receiving the list to advise how long it would take to do a feasibility study of those intersections. Other components of a resolution included the adoption of a policy that would include the installation of APS equipment in new installation or renovations of crosswalks, and a new policy on how the defendants would deal with individual requests for accommodations. Plaintiffs notified the court that the settlement discussions failed on May 11, 2012.

The parties filed cross-motions for summary judgment on February 8, 2013, and the court denied the cross-motions on June 2, 2014, because an issue of fact regarding the extent to which defendants were liable to comply with regulations precluded a granting summary judgment in favor of either party. In the memorandum denying summary judgment, the court enumerated the three necessary elements plaintiffs need to establish a violation under the ADA: (1) they are “qualified individuals”with a disability; (2) that the defendants are subject to the ADA; and (3) that plaintiffs were denied the opportunity to participate in or benefit from defendants’ services, programs, or activities, or were otherwise discriminated against by defendants, by reason of plaintiffs’ disabilities. The same requirements apply to the Rehabilitation Act. The court agreed with plaintiffs that, contrary to defendants’ allegations, pedestrian crossing signals constitute services, programs, activities or facilities. The court denied plaintiffs’ motion for summary judgment because triable issues of fact as to whether defendants were entitled to defenses provided under the relevant regulations remained. Federal regulations contain an exception which protects public entities from having to make any modifications or take any actions that would fundamentally alter the nature of the service, program or activity (28 C.F.R. § 35.130(b)(7) and 28 23 C.F.R. § 35.150(a)). Defendants argued that the exceptions applied because installation of APS would alter the existing pedestrian crossing facilities and equipment, and that it was structurally impractical and infeasible to install APS in all locations, a fact which plaintiffs seemed to acknowledge. 2014 WL 2454639.

On November 24, 2015, less than a week before the trial was scheduled to begin, the parties reported to the court that the case was settled. Following the settlement of the action, the parties submitted a consent decree and plaintiffs, as the prevailing parties, moved for attorney’s fees (in the amount of $217,110.80) with opposition from the defendants. The court granted the plaintiffs’ motion on May 20, 2016. The exact details of the consent decree are unavailable but contained both monetary and non-monetary terms. Lack of responsiveness by defendants prompted plaintiffs to bring defendants’ inaction to the court’s attention. The court appointed a monitor on July 15, 2016, with monitor’s fees to be paid by the defendants. Details regarding the term of monitoring required by the consent decree are unavailable. 2016 WL 3166848.

Summary Authors

Hannah Juge (11/11/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5677293/parties/scharff-v-shah-gavnoudias/


Judge(s)

Brown, Gary Richard (New York)

Hurley, Denis Reagan (New York)

Attorneys(s) for Plaintiff

Briglio, Robert R (New York)

Coleman, Martin J (New York)

Attorneys(s) for Defendant

Reissman, Ralph J. (New York)

Judge(s)

Brown, Gary Richard (New York)

Hurley, Denis Reagan (New York)

Attorneys(s) for Plaintiff

Briglio, Robert R (New York)

Coleman, Martin J (New York)

Attorneys(s) for Defendant

Reissman, Ralph J. (New York)

Documents in the Clearinghouse

Document

2:10-cv-04208

Docket [PACER]

July 15, 2016

July 15, 2016

Docket
1

2:10-cv-04208

Complaint

Scharff v. County of Nassau

Sept. 15, 2010

Sept. 15, 2010

Complaint
43

2:10-cv-04208

Memorandum & Order

Scharff v. County of Nassau

2014 WL 2454639

June 2, 2014

June 2, 2014

Order/Opinion
68

2:10-cv-04208

Order

Scharff v. County of Nassau

2016 WL 3172798

June 6, 2016

June 6, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5677293/scharff-v-shah-gavnoudias/

Last updated July 29, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against County of Nassau, Shila Shah-Gavnoudias Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Lori Scharff, Michael Godino, Edward Molloy, Long Island Council of the Blind. (Attachments: # 1 Civil Cover Sheet) (Romano, Daniel) (Entered: 09/16/2010)

2 Civil Cover Sheet

View on PACER

Sept. 15, 2010

Sept. 15, 2010

Clearinghouse

Summons Issued as to County of Nassau, Shila Shah-Gavnoudias. (Romano, Daniel)

Sept. 15, 2010

Sept. 15, 2010

PACER

FILING FEE: $ 350, receipt number 4299 (Romano, Daniel)

Sept. 15, 2010

Sept. 15, 2010

PACER
2

NOTICE of Appearance by Ralph J. Reissman on behalf of County of Nassau, Shila Shah-Gavnoudias (aty to be noticed) (Reissman, Ralph) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
3

Letter MOTION for Extension of Time to File Answer re 1 Complaint, with Attached Stipulation to be "So Ordered", by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER

ORDER granting 3 Motion for Extension of Time to Answer. The Defendants shall answer or otherwise move with respect to the Complaint by November 30, 2010. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/12/2010. (Spatola, Richard)

Oct. 12, 2010

Oct. 12, 2010

PACER
4

AMENDED COMPLAINT to Add Exhibit to Complaint against County of Nassau, filed by Lori Scharff. (Attachments: # 1 Exhibit 2007 FOIL Request by LICB) (Coleman, Martin) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER

Case Ineligible for Arbitration (Bollbach, Jean)

Nov. 2, 2010

Nov. 2, 2010

PACER
5

Letter with Stipulation to be "so ordered" extending time for defendants to respond to Compaint, by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER

ORDER re 5 Letter filed by Shila Shah-Gavnoudias, County of Nassau. The parties' agreement extending the time for Defendants to answer or otherwise move with respect to the Complaint to December 24, 2010 is hereby "So Ordered." Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/29/2010. (Spatola, Richard)

Nov. 29, 2010

Nov. 29, 2010

PACER
6

ANSWER to 4 Amended Complaint by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 12/24/2010)

Dec. 24, 2010

Dec. 24, 2010

PACER
7

SCHEDULING ORDER: Initial Conference set for 2/15/2011 before Magistrate Judge A. Kathleen Tomlinson. No later than two business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/28/2010. (Spatola, Richard) (Entered: 12/28/2010)

Dec. 28, 2010

Dec. 28, 2010

PACER
8

Letter MOTION to Adjourn Conference by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER

ORDER granting 8 Motion to Adjourn Conference. The February 15, 2011 Initial Conference is hereby ADJOURNED to February 17, 2011 at 10:00 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/30/2010. (Spatola, Richard)

Dec. 30, 2010

Dec. 30, 2010

PACER
9

Joint MOTION to Adjourn Conference for settlement purposes by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

PACER

ORDER granting 9 Motion to Adjourn Conference. The February 17, 2011 Initial Conference is hereby ADJOURNED to May 20, 2011 at 10:00 a.m. In light of the length of this adjournment, no further adjournments will be granted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/11/2011. (Spatola, Richard)

Feb. 11, 2011

Feb. 11, 2011

PACER
10

CASE MANAGEMENT STATEMENT, Joint Discovery Plan and Schedule (Attachments: # 1 Letter Advising Court of Status of Settlement Negotiations) (Coleman, Martin) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

PACER
11

Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference held on 5/20/2011. SCHEDULING: The discovery status conference will be held on November 18, 2011. THE FOLLOWING RULINGS WERE MADE: The parties are to file a letter on ECF no later than June 24 advising me of what agreement/ procedure has been put in place regarding the production of electronically stored information. SEE ATTACHED ORDER FOR FURTHER RULINGS AND INFORMATION. (Reifman, Marli) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
12

CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a): May 20, 2011 First request for production of documents and first request for interrogatories due by: June 24, 2011; Responses to first request for productionof documents and first set of interrogatoriesdue by: September 23, 2011; Deadline for joinder of additional parties andamendment of pleadings: October 10, 2011; Status Conference: November 18, 2011; All discovery, including production of allexpert reports, if any, to be completed by: January 31, 2012; Dispositive motion process started by: February 17, 2012; Joint pretrial order due by: March 16, 2012; Pretrial Conference: March 30, 2012. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/20/2011. (Reifman, Marli) (Entered: 05/23/2011)

May 23, 2011

May 23, 2011

PACER
13

Letter Electronically Stored Information by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER

ORDER re 13 Letter. The parties' agreement regarding the production of ESI is hereby "So Ordered." Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/28/2011. (Spatola, Richard)

June 28, 2011

June 28, 2011

PACER
14

Joint MOTION to Adjourn Conference INCLUDING DISCOVERY STATUS REPORT, by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER

ORDER granting 14 Motion to Adjourn Conference. Based on the parties' representation that discovery is proceeding on schedule without the need for Court intervention at this time, the Status Conference scheduled for November 18, 2011 is hereby CANCELLED. In the event of a discovery dispute, the parties are directed to inform the Court expeditiously after they have had the opportunity to confer in good faith in accordance with Local Rule 37.3 to resolve the dispute. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/15/2011. (Spatola, Richard)

Nov. 15, 2011

Nov. 15, 2011

PACER

Magistrate Judge Gary R. Brown added. Magistrate Judge A. Kathleen Tomlinson no longer assigned to case. (Siegfried, Evan)

Nov. 21, 2011

Nov. 21, 2011

PACER
15

ORDER: The parties are advised that, absent a specific order to the contrary, all previously established discovery deadlines and conference dates remain in effect. See attached order for additional directions. Ordered by Magistrate Judge Gary R. Brown on 11/30/2011. (Attachments: # 1 GRB Rules) (Disbrow, Sandra) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER
16

First MOTION for Extension of Time to Complete Discovery by Lori Scharff. (Coleman, Martin) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
17

ORDER granting 16 Motion for Extension of Time to Complete Discovery. Plaintiffs' motion for an extension of time to complete discovery is GRANTED. All discovery, inclusive of expert discovery, shall be completed by March 30, 2012. The pretrial conference scheduled for March 30, 2012 is ADJOURNED without date. A settlement conference will be held on April 13, 2012 at 11:00 a.m. - clients or other persons with full settlement authority must be present at this conference. Dispositive motion process must be commenced by April 27, 2012. Ordered by Magistrate Judge Gary R. Brown on 1/25/2012. (Demosthenous, Constantina) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
18

First MOTION to Adjourn Conference by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER

ELECTRONIC ORDER granting 18 Motion to Adjourn Conference. The settlement conference scheduled for April 13, 2012 is ADJOURNED to April 17, 2012 at 10:00 a.m. in courtroom 840. The parties are reminded that clients or other persons with full settlement authority must be present at this conference. Ordered by Magistrate Judge Gary R. Brown on 2/2/2012. (Demosthenous, Constantina)

Feb. 2, 2012

Feb. 2, 2012

PACER
19

Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Settlement Conference held on 4/17/2012. The plffs will supply the County with a modified list of the intersections on Hempstead Avenue which are one of the subjects of the suit. The County will report back to the Court within 2 weeks of receiving the list to advise how long it will take to do a feasability study, specifically of those intersections. The other two pieces of a resolution include the adoption of a policy that would deal with new installations or renovations of crosswalks and how the County would include the installation of the APS equipment in such renovations and new installations; and how the County would deal with individual requests for accomodations. All discovery dates are held in abeyance. (Brienza, Lauren) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
20

Letter regarding Accessible Pedestrian Signals by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
21

NOTICE by Lori Scharff re 20 Letter Informing teh Court of the Failure of Settlement Discussions (Coleman, Martin) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
22

MOTION for pre motion conference by Lori Scharff. (Coleman, Martin) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

PACER
23

Letter MOTION for pre motion conference re 22 MOTION for pre motion conference by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER

ORDER: The Court hereby REFERS the parties' requests for premotion conference (docket nos. 22, 23 ) to the Honorable Gary R. Brown for appropriate action, and, if necessary, to set a briefing schedule on the anticipated cross motions. Ordered by Senior Judge Denis R. Hurley on 5/30/2012. (Malley, Sean)

May 30, 2012

May 30, 2012

PACER

ELECTRONIC ORDER granting 22 Motion for Pre Motion Conference; granting 23 Motion for Pre Motion Conference. A pre-motion conference re 22 and 23 has been scheduled for June 22, 2012 at 1:30 p.m. in courtroom 840. Ordered by Magistrate Judge Gary R. Brown on 5/30/2012. (Demosthenous, Constantina)

May 30, 2012

May 30, 2012

PACER
24

Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Pre Motion Conference held on 6/22/2012. Motions for summary judgment are to be served by 8/3/2012; opposition due 9/21/12; replies due 10/26/2012. Defendant is to submit a letter providing additional details regarding the potential settlement via ECF by 7/23/12. (Brienza, Lauren) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
25

Letter regarding time estimated for feasibility study for installation of accessible pedestrian signals at 19 intersections selected by plaintiffs, by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
26

Joint MOTION for Extension of Time to File cross-motions for summary judgment, by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER

ELECTRONIC ORDER granting 26 Motion for Extension of Time to File. Defendants' motion for an amended briefing schedule for cross-motions for summary judgement is GRANTED. Cross-motions for summary judgment shall be served by September 14, 2012. Opposing papers shall be served by October 19, 2012 and reply papers served by November 2, 2012. The parties are reminded that under Rule 3F of Judge Hurley's individual rules no motion papers shall be filed until the motion is fully briefed (the "bundle rule"). Ordered by Magistrate Judge Gary R. Brown on 7/31/2012. (Demosthenous, Constantina)

July 31, 2012

July 31, 2012

PACER
27

Second MOTION for Extension of Time to File by Lori Scharff. (Coleman, Martin) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER

ELECTRONIC ORDER granting 27 Motion for Extension of Time to File. The parties' motion for an amended briefing schedule for cross-motions for summary judgment is GRANTED. Cross-motions for summary judgment shall be served by October 15, 2012. Opposing papers shall be served November 19, 2012, and reply papers served by December 3, 2012. The parties are reminded that under Rule 3F of Judge Hurley's individual rules, no motion papers shall be filed until the motion is fully briefed (the "bundle rule"). Ordered by Magistrate Judge Gary R. Brown on 9/11/2012. (Demosthenous, Constantina)

Sept. 11, 2012

Sept. 11, 2012

PACER
28

Joint MOTION for Extension of Time to File cross-motions for summary judgment, by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER

ELECTRONIC ORDER granting 28 Motion for Extension of Time to File. The parties' motion for an amended briefing schedule for cross-motions for summary judgment is GRANTED. Cross-motions for summary judgment shall be served by November 19, 2012. Opposing papers shall be served by December 19, 2012 and reply papers served by January 14, 2013. The parties are reminded that under Rule 3F of Judge Hurley's individual rules, no motion papers shall be filed until the motion is fully briefed (the "bundle rule"). Ordered by Magistrate Judge Gary R. Brown on 10/25/2012. (Demosthenous, Constantina)

Oct. 25, 2012

Oct. 25, 2012

PACER
29

First MOTION for Leave to File Excess Pages by Lori Scharff. (Coleman, Martin) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER

ORDER granting in part and denying in part 29 Motion for Leave to File Excess Pages. After speaking with counsel, plaintiffs' request to extend the page limit on their opening brief is granted to the extent that they now have 35-pages. Defendants' opposition papers are likewise increased to 35-pages. Finally, the briefing schedule is amended as follows: Cross-motions for summary judgment shall be served by December 14, 2012; Opposition papers shall be served by January 25, 2013; and Reply papers shall be served by February 8, 2013. The parties are reminded that no motion papers shall be filed until the motion is fully briefed. Ordered by Judge Denis R. Hurley on 11/20/2012. (Spatola, Richard)

Nov. 20, 2012

Nov. 20, 2012

PACER
30

MOTION for Summary Judgment by Lori Scharff. Responses due by 2/8/2013 (Attachments: # 1 Rule 56.1 Statement, # 2 Memorandum in Support Cover Sheet to pages 1-4, # 3 Memorandum in Support Memo Pages 5-19, # 4 Memorandum in Support Memo pages 20-34) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
31

EXHIBIT 1-8 of Plaintiffs' Motion for Summary Judgment by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Motion Exhibits 3-7, # 2 Exhibit Plaintifs' Motion Exhibit 8 Cover - 40, # 3 Exhibit Plaintiffs' Motion Exhibit 8 41-107) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
32

EXHIBIT Exhibit 9 to plaintiffs Motion for Summary Judgment by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Motion Exhibit 9 44-88, # 2 Exhibit Plaintiffs' Motion Exhibit 9 89 - 137) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
33

EXHIBIT Plaintiffs' Motion for Summary Judgment Exhibit 10 by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Motion Exhibit 10 56-110, # 2 Exhibit Plaintiffs' Motion Exhibit 10 111-172) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
34

EXHIBIT Plaintiffs Motion for Summary Judgment Exhibit 11 by Lori Scharff. (Attachments: # 1 Exhibit Plaintifs' Motion Exhibit 11 51-100, # 2 Exhibit Plaintiffs' Motion Exhibit 11 101-157) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
35

EXHIBIT Plainitffs' Motion for Summary Judgment Exhibits 12-19 by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Motion Exhibit 16 Part 1, # 2 Exhibit Plaintiffs' Motion Exhibit 16 Part 2, # 3 Exhibit Plaintiffs' Motion Exhibits 17-19) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
36

EXHIBIT Plaintiffs' Motion for Summary Judgment Exhibits 20-30 by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Motion Exhibit 23 Part 1, # 2 Exhibit Plaintiffs' Motion Exhibit 23 Part 2, # 3 Exhibit Plaintiffs' Motion Exhibits 24-30) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
37

EXHIBIT Plaintiffs' Motion for Summary Judgment Exhibits 31-35 by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Motion Exhibit 35) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
38

EXHIBIT Plaintifs' Motion Exhibit 36 by Lori Scharff. (Attachments: # 1 Exhibit Plaintifs' Motion Exhibit 36 Part 2) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
39

EXHIBIT Plaintiffs' Motion for Summary Judgment Exhibits 37-45 by Lori Scharff. (Attachments: # 1 Exhibit Plaintiffs' Moton Exhibits 42-46) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
40

MEMORANDUM in Opposition re 30 MOTION for Summary Judgment with Affidavit of Kenneth Arnold and Rule 56.1 Counter Statement filed by Lori Scharff. (Attachments: # 1 Affidavit in Opposition Affidavit of Kenneth Arnold, # 2 Rule 56.1 Statement Defendants Rulke 56.1 Counter Statement) (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
41

REPLY in Support re 30 MOTION for Summary Judgment filed by Lori Scharff. (Coleman, Martin) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
42

MOTION for Summary Judgment with Reissman Declaration and Arnold Affidavit, by County of Nassau, Shila Shah-Gavnoudias. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Answer, # 3 Exhibit Scharff Deposition, # 4 Exhibit Godino Deposition, # 5 Exhibit Molloy Deposition, # 6 Exhibit LICB Deposition, # 7 Rule 56.1 Statement Defendants 56.1 Statement, # 8 Memorandum in Support Defendants Memorandum of Law, # 9 Affidavit Plaintiffs Affirmation in Opposition, # 10 Rule 56.1 Statement Plaintiffs Counterstatement, # 11 Memorandum in Opposition Plaintiffs Memorandum of Law in Opposition, # 12 Memorandum in Support Defendants Reply Memorandum of Law) (Reissman, Ralph) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
43

ORDER denying 30 Motion for Summary Judgment; denying 42 Motion for Summary Judgment. For the reasons stated in the attached Memorandum and Order, the parties' motions for summary judgment are denied. Ordered by Judge Denis R. Hurley on 6/2/2014. (O'Connor, Madeline) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

Clearinghouse
44

Letter Requesting Conference by Lori Scharff (Coleman, Martin) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER

SCHEDULING ORDER re 44 : In light of the parties' letter 44, a discovery conference has been scheduled for August 12, 2014 at 11:00 AM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 7/11/2014. (Demosthenous, Constantina)

July 11, 2014

July 11, 2014

PACER
45

Joint MOTION to Adjourn Conference [TO ADVANCE CONFERENCE] by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER

ELECTRONIC ORDER granting 45 Motion to Adjourn Conference. The discovery conference scheduled for August 12, 2014 is ADVANCED to August 4, 2014 at 11:30 AM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 7/18/2014. (Demosthenous, Constantina)

July 18, 2014

July 18, 2014

PACER
46

Minute Entry and Order; For proceedings held on August 4, 2014 at 11:30 before Magistrate Judge Gary R. Brown; For Civil Cause for Discovery Conference; Appearances: For Pltff(s).: Martin Coleman; For Deft.: Ralph Reissman. The following Rulings were made: County to supply plaintiffs with feasibility study as to approximately 13 identified intersections on or before September 30,2014, and a feasibility study as to remaining intersections on or before November 28, 2014. All other documents that bearing on defendants' assertion of the Program Accessibility defense and related defenses will also be provided to plaintiffs on or before November 28, 2014. Any responsive expert reports will be provided by plaintiffs on or before January 30,2015. Absent any additional extensions, discovery will be complete and case will be deemed ready for trial. By February 15,2015, parties should submit a joint status report with an agreed-upon date for filing of a pre-trial order. SO ORDERED (Ordered by Gary R. Brown, United States Magistrate Judge, on August 4, 2014.) (Fagan, Linda) Modified on 8/4/2014 (Fagan, Linda). (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
47

Letter regarding production of documents pursuant to Order of Hon. Gary R. Brown, USMJ by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
48

MOTION for Extension of Time to Complete Discovery by Lori Scharff. (Coleman, Martin) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

PACER

ELECTRONIC ORDER granting 48 Motion for Extension of Time to Complete Discovery. The joint application to extend the time to complete expert discovery to March 31, 2015 is granted. Ordered by Magistrate Judge Gary R. Brown on 1/30/2015. c/ecf (Johnston, Linda)

Jan. 30, 2015

Jan. 30, 2015

PACER

SCHEDULING ORDER: The discovery deadline was March 31, 2015. The parties were to submit a joint status report for a date to file a pre-trial order. That letter was not filed. A joint pre-trial order in compliance with District Judge Denis Hurley's Individual Rules is to be filed by April 15, 2015.. Ordered by Magistrate Judge Gary R. Brown on 4/1/2015. (McMorrow, Karen)

April 1, 2015

April 1, 2015

PACER
49

MOTION for Extension of Time to File Pre-Trial Order by Lori Scharff. (Coleman, Martin) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER

ELECTRONIC ORDER granting 49 Motion for Extension of Time to File. Application granted. The joint proposed pretrial order shall be electronically filed by May 1, 2015 in accordance with District Judge Hurley's individual rules. Ordered by Magistrate Judge Gary R. Brown on 4/3/2015. c/ecf (Johnston, Linda)

April 3, 2015

April 3, 2015

PACER
50

Proposed Pretrial Order Joint Pre-Trial Order by Lori Scharff (Coleman, Martin) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER

PRETRIAL ORDER re 50 Proposed Pretrial Order filed by Lori Scharff. The parties have submitted their proposed revised joint pretrial order. After examination of the order, the Court finds that it substantially complies with District Judge Hurley's requirements. Accordingly, the joint pretrial order is accepted for filing and the case is returned to the District Judge for final disposition. Ordered by Magistrate Judge Gary R. Brown on 5/1/2015. c/ecf (Johnston, Linda)

May 1, 2015

May 1, 2015

PACER
51

Letter Requesting Pre-Trial Conference by Lori Scharff (Coleman, Martin) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER

SCHEDULING ORDER: The Court will hold a Final Pretrial/Settlement Conference on 10/5/2015 at 02:00 PM before Judge Denis R. Hurley. On or before September 25, 2015 each side shall submit an ex parte letter not to exceed three pages stating their respective positions. The settlement letters shall be filed under seal on ECF. Counsel attending the conference should have full authority to settle the case. If the case does not settle the Court will set a trial date.. Ordered by Judge Denis R. Hurley on 8/24/2015. (Lundy, Lisa)

Aug. 24, 2015

Aug. 24, 2015

PACER
52

Consent MOTION to Adjourn Conference by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER

ORDER granting 52 Motion to Adjourn Conference; The Final & Settlement Conference is adjourned to 10/13/2015 at 2:30 p.m.. Ordered by Judge Denis R. Hurley on 9/17/2015. (Lundy, Lisa)

Sept. 17, 2015

Sept. 17, 2015

PACER

Set/Reset Hearings: Final Pretrial & Settlement Conference set for 10/13/2015 02:30 PM before Judge Denis R. Hurley. (Lundy, Lisa)

Sept. 17, 2015

Sept. 17, 2015

PACER
54

Letter Ex Parte Providing Position of Plaintiffs for Final Pre-Trial Conference by Lori Scharff (Coleman, Martin) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER

Minute Entry for proceedings held before Judge Denis R. Hurley: Plaintiff Martin J. Coleman, Robert Briglio; Defendant Ralph J. Reissman;Final Pretrial & Settlement Conference held on 10/13/2015, (Status Report by due by 10/23/2015., Bench Trial set for 11/30/2015 09:30 AM in Courtroom 930 before Judge Denis R. Hurley., Status Conference by phone set for 11/6/2015 02:00 PM before Judge Denis R. Hurley.) (Lundy, Lisa). Modified on 10/14/2015 (Lundy, Lisa).

Oct. 13, 2015

Oct. 13, 2015

PACER

ELECTRONIC ORDER. A settlement conference is hereby scheduled for November 4, 2015 at 10:00am. The parties are directed to follow the undersigned's individual rules on settlement conferences. Ordered by Magistrate Judge Gary R. Brown on 10/22/2015. (Yim, Kevin)

Oct. 22, 2015

Oct. 22, 2015

PACER
55

STATUS REPORT by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
57

Joint MOTION to Adjourn Conference by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
58

Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 11/4/2015. CASE SETTLED, terms placed on the record. The parties will submit a Consent Decree before the 11/30/2015 bench trial. (McMorrow, Karen) (Entered: 11/05/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER

ORDER re 57 Motion to Adjourn Conference: The motion is granted to the extent that the telephone conference is adjourned for one week to November 13, 2015 at 2:00 p.m. Ordered by Judge Denis R. Hurley on 11/5/2015. (Gapinski, Michele)

Nov. 5, 2015

Nov. 5, 2015

PACER

Minute Entry for proceedings held before Judge Denis R. Hurley: Plaintiff Martin J. Coleman; Defendant Ralph J. ReissmanTelephone Status Conference held on 11/13/2015, (Next Telephone Status Conference set for 11/24/2015 03:30 PM in Courtroom 930 before Judge Denis R. Hurley.) (Lundy, Lisa)

Nov. 13, 2015

Nov. 13, 2015

PACER

Minute Entry for proceedings held before Judge Denis R. Hurley: Plaintiff Martin Coleman; Defendant Ralph Reissman; The parties report to the court that this case has settled. The trial scheduled for 11/302015 has settled Telephone Conference set for 12/2/2015 01:30 PM before Judge Denis R. Hurley. (Lundy, Lisa)

Nov. 24, 2015

Nov. 24, 2015

PACER
59

Letter with Consent Decree to be "So Ordered" by County of Nassau, Shila Shah-Gavnoudias (Reissman, Ralph) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
60

Order: The Consent Decree is So Ordered. The conference scheduled for December 2, 2015 is canceled. The parties shall consult on a briefing schedule for the motion for attorney's fees and submit the proposed schedule to Magistrate Judge Brown for approval. This action will remain open pending the determination of the motion for attorney's fees. Ordered by Judge Denis R. Hurley on 12/1/2015. (Gapinski, Michele) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
61

MOTION for Attorney Fees for Martin J. Coleman by Michael Godino, Long Island Council of the Blind, Edward Molloy, Lori Scharff. (Attachments: # 1 Affidavit Affidavit of James Weisman, # 2 Exhibit List of Relevant Cases, # 3 Exhibit Time Sheets) (Coleman, Martin) (Entered: 01/09/2016)

Jan. 9, 2016

Jan. 9, 2016

PACER
62

MOTION for Attorney Fees for Robert Briglio by Lori Scharff. (Attachments: # 1 Exhibit Summary of Relevant Litigation, # 2 Robert Briglio Time Records) (Coleman, Martin) (Entered: 01/09/2016)

Jan. 9, 2016

Jan. 9, 2016

PACER

ORDER REFERRING MOTION: [61,62] : Plaintiffs' motion for attorney's fees is respectfully referred to Magistrate Judge Gary R. Brown to issue a report and recommendation. It is further ORDERED that the scope of the foregoing reference shall be deemed to encompass such additional authority as reasonable or necessary to perform the foregoing duties and as is not inconsistent with the Constitution and laws of the United States. Ordered by Judge Denis R. Hurley on 1/11/2016. Motions referred to Gary R. Brown. (Gapinski, Michele)

Jan. 11, 2016

Jan. 11, 2016

PACER

ELECTORNIC ORDER re Order Referring Motion 61 62 . The movants are directed to submit a courtesy copy of their motions to chambers. Ordered by Magistrate Judge Gary R. Brown on 1/12/2016. c/ecf (Johnston, Linda)

Jan. 12, 2016

Jan. 12, 2016

PACER
63

Supplemental LETTER related to scheduling re: MOTION for Attorney Fees by Lori Scharff. (Coleman, Martin) Modified on 3/29/2016 (Fagan, Linda). (Entered: 03/25/2016)

March 25, 2016

March 25, 2016

PACER

Motions terminated, docketed incorrectly: 63 MOTION for Attorney Fees Supplemental Letter related to Scheduling filed by Lori Scharff. (The document should have been filed as a "LETTER", and the Court will address the document as such. All corrections have been made.) (Fagan, Linda)

March 25, 2016

March 25, 2016

PACER

ELECTRONIC ORDER re 63 MOTION for Attorney Fees Supplemental Letter related to Scheduling filed by Lori Scharff. The defendants are directed to file opposition papers to the motion for attorney fees, if any, by the close of business on April 8, 2016, or their opposition to the motions will be deemed waived. Ordered by Magistrate Judge Gary R. Brown on 3/30/2016. c/ecf (Johnston, Linda)

March 30, 2016

March 30, 2016

PACER
64

AFFIDAVIT/DECLARATION in Opposition re 62 MOTION for Attorney Fees for Robert Briglio, 61 MOTION for Attorney Fees for Martin J. Coleman filed by County of Nassau, Shila Shah-Gavnoudias. (Reissman, Ralph) (Entered: 03/30/2016)

March 30, 2016

March 30, 2016

PACER
65

Letter Informing Court that No Reply Brief Will Be Submited by Plaintiffs/Movants by Lori Scharff (Coleman, Martin) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
66

Letter Requesting a Judgment for All Monetary Relief Set Forth In Consent Decree and Requesting a Phone Conference by Lori Scharff (Attachments: # 1 Proposed Judgment) (Coleman, Martin) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
67

REPORT AND RECOMMENDATIONS re 62 MOTION for Attorney Fees for Robert Briglio filed by Lori Scharff, 61 MOTION for Attorney Fees for Martin J. Coleman filed by Lori Scharff, Edward Molloy, Michael Godino, Long Island Council of the Blind. See attached Report and Recommendations for details. Ordered by Magistrate Judge Gary R. Brown on 5/20/2016. c/ecf (Johnston, Linda) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 15, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The three named plaintiffs were longtime residents of Nassau County and members of the Long Island Council of the Blind, an organization dedicated to educating the public about the rights of visually impaired people and providing maximum support to visually impaired individuals in order to facilitate their ability to be self-sufficient and productive members of society.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Nassau (Nassau), County

Defendant Type(s):

Jurisdiction-wide

Sanitation/Public Works

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)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: >$217,110.80

Content of Injunction:

Monitor/Master

Issues

General:

Effective Communication (ADA)

Reasonable Accommodations

Screen readers and similar accessibility devices

Sidewalks

Transportation

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment