Case: Segal v. Metropolitan Council

0:18-cv-02333 | U.S. District Court for the District of Minnesota

Filed Date: Sept. 9, 2018

Closed Date: Oct. 6, 2022

Clearinghouse coding complete

Case Summary

On August 9, 2018, a DeafBlind individual, filed a lawsuit against the Metropolitan Council, which operates Metro Transit buses in the Minneapolis-St. Paul metropolitan area. The suit was filed in the U.S. District Court for the District of Minnesota and assigned to District Judge David S. Doty and Magistrate Judge Hildy Bowbeer. The plaintiff alleged that the defendant's bus drivers often failed to stop for him while he waited at designated bus stops. He claimed that this violated the American…

On August 9, 2018, a DeafBlind individual, filed a lawsuit against the Metropolitan Council, which operates Metro Transit buses in the Minneapolis-St. Paul metropolitan area. The suit was filed in the U.S. District Court for the District of Minnesota and assigned to District Judge David S. Doty and Magistrate Judge Hildy Bowbeer. The plaintiff alleged that the defendant's bus drivers often failed to stop for him while he waited at designated bus stops. He claimed that this violated the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Minnesota state anti-discrimination law.

After extensive discovery and attempts to settle, on April 27, 2020, the plaintiff filed a motion for partial summary judgment. However, on November 30, 2020, the district court denied the plaintiff's motion.

On December 29, 2020, the plaintiff filed a notice of appeal. On March 15, 2021 the National Disability Rights Network filed an amicus in support of plaintiff in the Eighth Circuit. The case was argued in the Eighth Circuit on June 17, 2022 and on March 28, 2022 the Eighth Circuit reversed the district court and remanded for proceedings consistent with its opinion.

Once the case was remanded, the parties were able to able to reach a settlement agreement and a stipulation of dismissal was filed on October 6, 2022. The terms of the settlement are not publicly available, though news reports indicate that included $400,000 of monetary relief and improved training for bus drivers. The case is now closed.

Summary Authors

NDRN (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7668315/parties/segal-v-metropolitan-council/


Judge(s)

Doty, David Singleton (Minnesota)

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Documents in the Clearinghouse

Document
1

0:18-cv-02333

Complaint; Jury Demanded

Seagal v. Metropolitan Council

Aug. 9, 2018

Aug. 9, 2018

Complaint
61

0:18-cv-02333

Memorandum of Law in Support of Plaintiff's Motion for Partial Summary Judgment

Seagal v. Metropolitan Council

July 30, 2020

July 30, 2020

Pleading / Motion / Brief
85

0:18-cv-02333

Order

Seagal v. Metropolitan Council

Nov. 30, 2020

Nov. 30, 2020

Order/Opinion

20-03728

Brief of Amici Curiae the National Association of the Deaf, the National Disability Rights Network, the National Federation of the Blind, Disability Rights Advocates and the Disability Rights Bar Association in Support of Plaintiff and Appellant, and in Support of Reversal

U.S. Court of Appeals for the Eighth Circuit

March 15, 2021

March 15, 2021

Pleading / Motion / Brief

2021 WL 2021

20-03728

Opinion

U.S. Court of Appeals for the Eighth Circuit

March 28, 2022

March 28, 2022

Order/Opinion

29 F.4th 29

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7668315/segal-v-metropolitan-council/

Last updated April 28, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Metropolitan Council (filing fee $ 400, receipt number AMNDC-6295031) filed by Barry R. Segal. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (Macpherson, Roderick) (Entered: 08/09/2018)

1 Exhibit(s) A

View on PACER

2 Civil Cover Sheet

View on PACER

Aug. 9, 2018

Aug. 9, 2018

Clearinghouse
2

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge David S. Doty per 3rd, 4th - Civil Rights: Housing/Accomomdations, ADA Other list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 18cv2333 DSD/HB. (AKL) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
3

Summons Issued as to Metropolitan Council. (AKL) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
4

TEXT ONLY NOTICE: Magistrate Judge Hildy Bowbeer's Practice Pointers, which have recently been revised, are available on the United States District Court for the District of Minnesota's website (www.mnd.uscourts.gov). All parties are expected to be familiar with and adhere to these Practice Pointers, including any variances from the Local Rules.(JMK) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
5

SUMMONS Returned Executed by Barry Segal. Metropolitan Council served on 8/13/2018, answer due 9/4/2018. (Macpherson, Roderick) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
6

ORDER Regarding Dispositive Motion Procedure. Signed by Senior Judge David S. Doty on 8/15/2018. (CLB) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
7

NOTICE of Appearance by Susan E Ellingstad on behalf of Metropolitan Council. (Ellingstad, Susan) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
8

NOTICE of Appearance by Stephen Matthew Owen on behalf of Metropolitan Council. (Owen, Stephen) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
9

STIPULATION TO ENLARGE DEFENDANT'S TIME TO ANSWER OR OTHERWISE PLEAD by Metropolitan Council. Jointly Signed by Barry Segal. (Ellingstad, Susan) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
10

PROPOSED ORDER TO JUDGE re 9 Stipulation. (Ellingstad, Susan) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
11

ORDER on 9 Stipulation to Enlarge Defendant's Time to Answer or Otherwise Respond: The time for Defendant to answer or otherwise respond to the Complaint shall be extended until and including September 14, 2018. Signed by Magistrate Judge Hildy Bowbeer on 8/29/2018. (JMK) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
12

ANSWER to Complaint filed by Metropolitan Council. (Ellingstad, Susan) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
13

ORDER Setting PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report due by 11/19/2018. Pretrial Conference set for 11/26/2018 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 10/24/2018. (Attachments: # 1 Consent Form) (JMK) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
14

REPORT of Rule 26(f) Planning Meeting. Filed by Metropolitan Council. Jointly Signed by Barry Segal.(Ellingstad, Susan) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
15

Minute Entry for Initial Pretrial Scheduling Conference held before Magistrate Judge Hildy Bowbeer on 11/26/2018. A written Pretrial Scheduling Order will be issued. (JMK) (Entered: 11/28/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
16

PRETRIAL SCHEDULING ORDER: Telephone Conference set for 2/6/2019 at 08:30 AM before Magistrate Judge Hildy Bowbeer. Amended Pleadings due by 1/22/2019. Discovery due by 7/1/2019. Motions (non-disp) due 7/15/2019. Motions (disp) due by 12/2/2019. Ready for trial due by 4/1/2020. See the order for additional details. Signed by Magistrate Judge Hildy Bowbeer on 11/29/2018. (JMK) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
17

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 2/6/2019. The Court will hold another telephone status conference at 8:30 a.m., on Monday, July 8, 2019. Chambers will initiate the call. Counsel must meet and confer and submit a joint update letter by June 28, 2019, regarding the status of discovery and their position/s on the timing of a settlement conference. (JMK) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
18

STIPULATION for Protective Order by Barry Segal. Jointly Signed by Metropolitan Council. (Macpherson, Roderick) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
19

PROPOSED ORDER TO JUDGE re 18 Stipulation. (Macpherson, Roderick) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
20

PROTECTIVE ORDER. Signed by Magistrate Judge Hildy Bowbeer on 3/22/2019. (JMK) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
21

STIPULATION To Extend Dates for Completing Expert Witness Disclosure and For Completing Fact Discovery by Barry Segal. Jointly Signed by Metropolitan Council. (Attachments: # 1 Exhibit(s) A- Proposed Revisions, # 2 Exhibit(s) B- Proposed Order)(Macpherson, Roderick) Modified text on 5/29/2019 (LPH). (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
22

PROPOSED ORDER TO JUDGE re 21 Stipulation,. (Macpherson, Roderick) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
23

ORDER on Stipulation to Extend Dates for Completing Expert Witness Disclosure and Discovery and for Completing Fact Discovery (ECF No. 21): Fact Discovery due by 9/3/2019. Motions (non-disp) due 9/16/2019. Motions (disp) due by 1/21/2020. Signed by Magistrate Judge Hildy Bowbeer on 5/28/2019. (JMK) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
24

LETTER TO MAGISTRATE JUDGE by Barry Segal Regarding Defendant's disputed discovery responses. (Macpherson, Roderick) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
25

LETTER TO MAGISTRATE JUDGE by Metropolitan Council in Response to Plaintiff's June 10, 2019 Letter. (Owen, Stephen) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
26

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 7/8/2019. Counsel updated the Court on the parties' progress in discovery. The Court also discussed with counsel whether a settlement conference could be productive prior to dispositive motion practice. (JMK) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
27

Minute Entry for proceedings held before Magistrate Judge Hildy Bowbeer: Informal Dispute Resolution Conference held on 9/23/2019. Please see minutes for full details. (ERE) (Entered: 09/24/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
28

Minute Entry for Status Conference held before Magistrate Judge Hildy Bowbeer on 9/25/2019. The Court and Plaintiff's counsel discussed the prospects for settlement. (JMK) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
29

STIPULATION to Extend Dates for Completing Expert Witness Disclosures, Discovery, and Depositions by Metropolitan Council. Jointly Signed by Barry Segal. (Ellingstad, Susan) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
30

PROPOSED ORDER TO JUDGE re 29 Stipulation. (Ellingstad, Susan) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
31

SECOND AMENDED PRETRIAL SCHEDULING ORDER on 29 Stipulation to Extend Dates for Completing Expert Witness Disclosures, Discovery and Depositions. Signed by Magistrate Judge Hildy Bowbeer on 9/27/2019. (JMK) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
32

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 10/2/2019. The Court and Defendant's counsel discussed the prospects for settlement. (JMK) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
33

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 10/4/2019. The Court and Plaintiff's counsel discussed the prospects for settlement. (JMK) (Entered: 10/07/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
34

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 10/8/2019. The Court and Defendant's counsel discussed the prospects for settlement. (JMK) (Entered: 10/09/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
35

STIPULATION to Extend Dates for Completing Expert Witness Disclosures, Discovery, and Depositions by Metropolitan Council. Jointly Signed by Barry Segal. (Ellingstad, Susan) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
36

PROPOSED ORDER TO JUDGE re 35 Stipulation. (Ellingstad, Susan) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
37

ORDER on 35 Stipulation to Extend Dates for Completing Expert Witness Disclosures, Discovery and Depositions. Expert Discovery due by 12/23/2019. See the order for additional deadlines. Signed by Magistrate Judge Hildy Bowbeer on 10/17/2019. (JMK) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
38

ORDER setting SETTLEMENT CONFERENCE: Parties are directed to Meet and Confer by 12/3/2019. Confidential Letter to Court due by 12/6/2019. Settlement Conference set for 12/13/2019 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 10/21/2019. (JMK) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
39

NOTICE OF INTERPRETER CONFIRMATION re 38 Order/Notice of Setting/Resetting Hearings/Deadlines. Katherine Hines, Jill Hartman, and Albert Walla will provide ASL pro-tactile interpreting services for the settlement conference scheduled for December 13, 2019. (JMK) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
40

Minute Entry for Settlement Conference held before Magistrate Judge Hildy Bowbeer on 12/13/2019. No settlement reached - Conference to be continued to February 26, 2020. (JMK) (Entered: 12/18/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
41

THIRD AMENDED PRETRIAL SCHEDULING ORDER: Motions (disp) due by 4/15/2020. Ready for trial due by 8/17/2020. Signed by Magistrate Judge Hildy Bowbeer on 12/18/2019. (JMK) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
42

ORDER FOR CONTINUED SETTLEMENT CONFERENCE: Parties are directed to Meet and Confer by 2/14/2020. Updated Confidential Letter to Court due by 2/19/2020. Settlement Conference set for 2/26/2020 at 09:00 AM in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Judge Magistrate Judge Hildy Bowbeer. (JMK) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
43

NOTICE OF INTERPRETER CONFIRMATION re 42 Order for Continued Settlement Conference. Katherine Hines, Jill Hartman, and Albert Walla will provide ASL pro-tactile interpreting services for the continuation of settlement conference scheduled for February 26, 2020. (JMK) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
44

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 12/18/2019. The Court and Defendant's counsel discussed follow-up on settlement negotiations. (JMK) (Entered: 12/19/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
45

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 12/18/2019. The Court and Plaintiff's counsel discussed follow-up on settlement negotiations. (JMK) (Entered: 12/19/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
46

Minute Entry for telephone Status Conference held before Magistrate Judge Hildy Bowbeer on 12/20/2019. The Court and Defendant's counsel discussed follow-up on settlement negotiations. (JMK) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
47

Minute Entry for Settlement Conference held before Magistrate Judge Hildy Bowbeer on 2/26/2020. No settlement was reached, but concrete proposals were exchanged and the parties are committed to continuing the negotiations with the assistance of the Court over the next several days. (JMK) (Entered: 02/27/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
48

STIPULATION to Extend Date for Dispositive Motions by Metropolitan Council. Jointly Signed by Barry Segal. (Ellingstad, Susan) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
49

PROPOSED ORDER TO JUDGE re 48 Stipulation. (Ellingstad, Susan) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
50

ORDER on 48 Stipulation to Extend Date for Dispositive Motions. Motions (disp) due by 4/29/2020. Ready for trial due by 8/31/2020. Signed by Magistrate Judge Hildy Bowbeer on 4/7/2020. (JMK) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
51

MOTION for Partial Summary Judgment filed by Barry Segal. (Macpherson, Roderick) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
52

NOTICE OF HEARING ON MOTION 51 MOTION for Partial Summary Judgment : Date and time to be determined. (Macpherson, Roderick) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
53

MOTION for Summary Judgment filed by Metropolitan Council. (Ellingstad, Susan) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
54

NOTICE OF HEARING ON MOTION 53 MOTION for Summary Judgment : Date and time to be determined. (Ellingstad, Susan) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
55

AMENDED NOTICE of Hearing on Motion: 53 MOTION for Summary Judgment : Motion Hearing set for 9/10/2020 at 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Ellingstad, Susan) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
56

AMENDED NOTICE of Hearing on Motion: 51 MOTION for Partial Summary Judgment : Motion Hearing set for 9/10/2020 at 10:00 AM in Courtroom 14W (MPLS) before Senior Judge David S. Doty. (Macpherson, Roderick) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
57

STIPULATION re 53 MOTION for Summary Judgment, 51 MOTION for Partial Summary Judgment re Joint Exhibits by Barry Segal. (Macpherson, Roderick) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
58

PROPOSED ORDER TO JUDGE re 57 Stipulation. (Macpherson, Roderick) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
59

ORDER approving 57 Stipulation for Joint Exhibits for the Cross Motions for Summary Judgment of the Parties. Signed by Senior Judge David S. Doty on 7/30/2020.(DLO) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
60

EXHIBIT List of Joint Exhibits re 51 MOTION for Partial Summary Judgment, 53 MOTION for Summary Judgment filed by Barry Segal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s), # 21 Exhibit(s))(Macpherson, Roderick) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
61

MEMORANDUM in Support re 51 MOTION for Partial Summary Judgment filed by Barry Segal. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Macpherson, Roderick) (Entered: 07/30/2020)

1 LR7.1/LR72.2 Word Count Compliance Certificate

View on PACER

July 30, 2020

July 30, 2020

Clearinghouse
62

Declaration of Barry Segal in Support of 51 MOTION for Partial Summary Judgment filed by Barry Segal.(Macpherson, Roderick) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
63

Declaration of Roderick J. Macpherson III in Support of 51 MOTION for Partial Summary Judgment filed by Barry Segal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s))(Macpherson, Roderick) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
64

Declaration of Hanne Goetz in Support of 51 MOTION for Partial Summary Judgment filed by Barry Segal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s))(Macpherson, Roderick) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
65

PROPOSED ORDER TO JUDGE re 51 MOTION for Partial Summary Judgment filed by Barry Segal.(Macpherson, Roderick) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
66

MEMORANDUM in Support re 53 MOTION for Summary Judgment filed by Metropolitan Council. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ellingstad, Susan) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
67

AFFIDAVIT of Susan E. Ellingstad in SUPPORT OF 53 MOTION for Summary Judgment filed by Metropolitan Council. (Attachments: # 1 Placeholder for Def. Exhibit 1, # 2 Exhibit(s) Def. 2, # 3 Exhibit(s) Def. 3, # 4 Exhibit(s) Def. 4, # 5 Exhibit(s) Def. 5, # 6 Exhibit(s) Def. 6, # 7 Exhibit(s) Def. 7, # 8 Exhibit(s) Def. 8, # 9 Placeholder for Def. Exhibit 9, # 10 Exhibit(s) Def. 10, # 11 Exhibit(s) Def. 11, # 12 Exhibit(s) Def. 12, # 13 Exhibit(s) Def. 13, # 14 Exhibit(s) Def. 14, # 15 Exhibit(s) Def. 15, # 16 Exhibit(s) Def. 16, # 17 Exhibit(s) Def. 17, # 18 Exhibit(s) Def. 18, # 19 Exhibit(s) Def. 19, # 20 Exhibit(s) Def. 20, # 21 Exhibit(s) Def. 21, # 22 Placeholder for Def. Exhibit 22, # 23 Placeholder for Def. Exhibit 23, # 24 Placeholder for Def. Exhibit 24, # 25 Exhibit(s) Def. 25, # 26 Exhibit(s) Def. 26, # 27 Exhibit(s) Def. 27, # 28 Exhibit(s) Def. 28, # 29 Exhibit(s) Def. 29, # 30 Exhibit(s) Def. 30, # 31 Exhibit(s) Def. 31, # 32 Exhibit(s) Def. 32, # 33 Exhibit(s) Def. 33)(Ellingstad, Susan) FLASH DRIVE RECEIVED CONVENTIONALLY ON 7/30/2020. CORRECTED FLASH DRIVE RECEIVED CONVENTIONALLY ON 7/31/2020. (kt) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
68

PROPOSED ORDER TO JUDGE re 53 MOTION for Summary Judgment filed by Metropolitan Council.(Ellingstad, Susan) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
69

STIPULATION re 52 Notice of Hearing on Motion, 51 MOTION for Partial Summary Judgment, 54 Notice of Hearing on Motion, 53 MOTION for Summary Judgment by Barry Segal. (Macpherson, Roderick) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
70

PROPOSED ORDER TO JUDGE re 69 Stipulation. (Macpherson, Roderick) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
71

ORDER on 69 Stipulation re 53 MOTION for Summary Judgment, 51 MOTION for Partial Summary Judgment. Responses due by 8/21/2020; Replies (for both parties) due by 8/28/2020. Signed by Senior Judge David S. Doty on 8/20/2020.(DLO) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
72

MEMORANDUM in Opposition re 51 MOTION for Partial Summary Judgment filed by Metropolitan Council. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ellingstad, Susan) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
73

AFFIDAVIT of Susan E. Ellingstad in OPPOSITION TO 51 MOTION for Partial Summary Judgment [Second] filed by Metropolitan Council. (Attachments: # 1 Exhibit(s) Def. 34, # 2 Placeholder for Def. Ex. 35, # 3 Exhibit(s) Def. 36, # 4 Placeholder for Def. Ex. 37, # 5 Placeholder for Def. Ex. 38, # 6 Placeholder for Def. Ex. 39, # 7 Exhibit(s) Def. 40, # 8 Exhibit(s) Def. 41, # 9 Exhibit(s) Def. 42, # 10 Exhibit(s) Def. 43, # 11 Exhibit(s) Def. 44)(Ellingstad, Susan) FLASH DRIVE FILED CONVENTIONALLY IN CLERK'S OFFICE FILE ON 8/21/20. (kt) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
74

MEMORANDUM in Opposition re 53 MOTION for Summary Judgment filed by Barry Segal. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Macpherson, Roderick) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
75

Supplemental Declaration of Barry Segal in Support of 53 MOTION for Summary Judgment, 51 MOTION for Partial Summary Judgment filed by Barry Segal.(Macpherson, Roderick) Modified text on 8/24/2020 (CLK). (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
76

Supplemental Declaration of Roderick J. Macpherson III in Support of 51 MOTION for Partial Summary Judgment, 53 MOTION for Summary Judgment filed by Barry Segal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s))(Macpherson, Roderick) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
77

Supplemental Declaration of Hanne Goetz in Support of 53 MOTION for Summary Judgment, 51 MOTION for Partial Summary Judgment filed by Barry Segal. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s))(Macpherson, Roderick) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
78

MEMORANDUM in Support re 53 MOTION for Summary Judgment, 51 MOTION for Partial Summary Judgment Reply filed by Barry Segal. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Macpherson, Roderick) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
79

Second Declaration of Hanne Goetz in Support of 53 MOTION for Summary Judgment, 51 MOTION for Partial Summary Judgment filed by Barry Segal. (Attachments: # 1 Exhibit(s))(Macpherson, Roderick) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
80

Reply to Response to Motion re 53 MOTION for Summary Judgment filed by Metropolitan Council. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ellingstad, Susan) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
81

Declaration of Christy Bailly in Support of 53 MOTION for Summary Judgment filed by Metropolitan Council.(Ellingstad, Susan) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
82

NOTICE of Interpreter Confirmation - Jill Hartman has been confirmed for 10:00 AM on 9/10/2020 re 53 Motion for Summary Judgment, 51 Motion for Partial Summary Judgment. (DLO) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
83

NOTICE of Interpreter Confirmation - Albert Walla has been confirmed for 10:00 AM on 9/10/2020 re 53 Motion for Summary Judgment, 51 Motion for Partial Summary Judgment (DLO) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
84

TEXT-ONLY Minute Entry for proceedings held before Senior Judge David S. Doty: Appearances: Roderick J. Macpherson for plaintiff; Susan E. Ellingstad for defendant;Motion Hearing held on 9/10/2020 re 53 MOTION for Summary Judgment filed by Metropolitan Council, 51 MOTION for Partial Summary Judgment filed by Barry Segal - argued and taken under advisement. Order to follow. TIME IN COURT: 55 minutes. (Court Reporter Renee Rogge) (DLO) Modified text on 9/11/2020 (kt). (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
85

ORDER denying 51 Motion for Partial Summary Judgment; granting 53 Motion for Summary Judgment. (Written Opinion) Signed by Judge David S. Doty on 11/30/2020. (DLO) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

Clearinghouse
86

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(KNK) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
87

NOTICE OF APPEAL TO 8TH CIRCUIT as to 86 Judgment, 85 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment by Barry Segal. Filing fee $ 505, receipt number AMNDC-8348117. (Macpherson, Roderick) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
88

TRANSMITTAL OF APPEAL LETTER TO U.S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 87 . (lmb) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
89

USCA Case Number 20-3728 for 87 Notice of Appeal to 8th Circuit filed by Barry Segal. (CLK) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

PACER
90

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 84 Motion Hearing,, to Court Reporter Renee Rogge. (Ellingstad, Susan) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
91

TRANSCRIPT of Motions Hearing held on 9/10/2020 before Judge David S. Doty. (31 pages). Court Reporter: Renee Rogge. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 1/28/2021. Redaction Request due 2/11/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/21/2021. (RAR) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
92

(Text-Only) NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 91 . (KNK) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
93

Opinion of USCA (electronic copy) as to 87 Notice of Appeal to 8th Circuit filed by Barry Segal. (CLK) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
94

USCA JUDGMENT (electronic copy) as to 87 Notice of Appeal to 8th Circuit filed by Barry Segal. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court.(CLK) Modified text on 3/29/2022 (CLK). (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
95

MANDATE of USCA (electronic copy) as to 87 Notice of Appeal to 8th Circuit filed by Barry Segal. (CLK) (Entered: 04/22/2022)

April 21, 2022

April 21, 2022

PACER
96

ORDER FOR SETTLEMENT CONFERENCE: Status Conference set for 5/31/2022 at 10:00 AM, Central time by Zoom audio (no courtroom) before Magistrate Judge Hildy Bowbeer. Counsel must let chambers know who will be attending the status conference no later than 5/27/2022. Confidential Letter to Court due by 6/8/2022. Settlement Conference set for 6/15/2022 at 09:00 AM, Central time in Courtroom 6B (STP) before Magistrate Judge Hildy Bowbeer. Signed by Magistrate Judge Hildy Bowbeer on 4/29/2022.(LNP) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
97

TEXT ONLY ORDER: Counsel for Defendant has been in touch with chambers about rescheduling the status conference in advance of the settlement conference and adjusting certain deadlines set by the Court for exchanging proposals prior to the settlement conference. Counsel for Plaintiff does not object. Accordingly, the status conference scheduled for May 31, 2022 is RESCHEDULED and will be held on June 7, 2022 at 11:00 AM by Zoom audio. The parties' confidential letters will now be due on or before 4:30 p.m. on June 13, 2022. The parties must have completed at least one full round of proposals before the status conference, and must have completed at least two full rounds of proposals no later than 12:00 p.m. Central time on June 13, 2022. Ordered by Magistrate Judge Hildy Bowbeer on 5/16/2022.(LNP) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
98

NOTICE of Interpreter Confirmation - Patty McCutcheon has been confirmed for 9:00 AM CT on 6/15/2022 for an in-person settlement conference in Courtroom 6B (STP) (ECF No. 96 ). (LNP) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
99

NOTICE of Interpreter Confirmation - Quincy Craft Faber has been confirmed for 9:00 AM CT on 6/15/2022 for an in-person settlement conference in Courtroom 6B (STP) (ECF No. 96 ). (LNP) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
100

FILED IN ERROR: NO DOCUMENT ATTACHED. WILL REFILE - NOTICE of Interpreter Confirmation - Janine Cashman has been confirmed for 9:00 AM CT on 6/15/2022 for an in-person settlement conference in Courtroom 6B (STP) (ECF No. 96 ). (LNP) Modified text on 5/31/2022 (LNP). (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER

Case Details

State / Territory: Minnesota

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 9, 2018

Closing Date: Oct. 6, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A DeafBlind public transit patron (and his service dog, Daisy)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Metropolitan Council, None

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Training

Amount Defendant Pays: $400,000

Issues

General/Misc.:

Transportation

Disability and Disability Rights:

Hearing impairment

Reasonable Accommodations

Visual impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)