Case: Liberty Resources, Inc. v. the City of Philadelphia

Liberty Resources, Inc. v. City of Philadelphia

Liberty Resources, Inc. v. City of Philadelphia

COMPLAINT against THE CITY OF PHILADELPHIA ( Filing fee $ 400 receipt number 202566.), filed by FRAN FULTON, PHILADELPHIA ADAPT, LOUIS OLIVO, DISABLED IN ACTION OF PENNSYLVANIA, INC., TONY BROOKS, LIBERTY RESOURCES, INC., LIAM DOUGHERTY.(ahf) (Entered: 08/26/2019)

Disclosure Statement Form pursuant to FRCP 7.1 by DISABLED IN ACTION OF PENNSYLVANIA, INC., LIBERTY RESOURCES, INC..(ahf) (Entered: 08/26/2019)

Summons Issued

Summons Issued as to THE CITY OF PHILADELPHIA. 1 Forwarded To: Counsel on 8/26/2019 (ahf)

MOTION for Pro Hac Vice for Maia B. Goodell filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Application for Admission Pro Hac Vice for Maia B. Goodell.(FERLEGER, DAVID) Modified on 9/5/2019 (mbh, ). (fee paid on 9/5/19) (Entered: 09/03/2019)

MOTION for Pro Hac Vice for Meredith J. Weaver filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT..(FERLEGER, DAVID) Modified on 9/5/2019 (mbh, ).(fee paid on 9/5/19) (Entered: 09/03/2019)

MOTION for Pro Hac Vice for Andrea Kozak-Oxnard filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT..(FERLEGER, DAVID) Modified on 9/5/2019 (mbh, ).(fee paid on 9/5/19) (Entered: 09/03/2019)

WAIVER OF SERVICE Returned Executed by FRAN FULTON, PHILADELPHIA ADAPT, LOUIS OLIVO, DISABLED IN ACTION OF PENNSYLVANIA, INC., TONY BROOKS, LIBERTY RESOURCES, INC., LIAM DOUGHERTY. THE CITY OF PHILADELPHIA waiver sent on 8/30/2019, answer due 10/29/2019. (FERLEGER, DAVID) (Entered: 09/05/2019)

ORDER THAT THE APPLICATION OF MAIA B. GOODELL, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/9/19. 9/10/19 ENTERED AND COPIES MAILED (W/ ECF APPLICATION AND E-MAILED.(mbh, ) (Entered: 09/10/2019)

ORDER THAT THE APPLICATION OF MEREDITH J. WEAVER, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/9/19. 9/10/19 ENTERED AND COPIES MAILED (W/ECF APPLICATION) AND E-MAILED.(mbh, ) (Entered: 09/10/2019)

ORDER THAT THE APPLICATION OF ANDREA KOZAK-OXNARD, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/9/19. 9/10/19 ENTERED AND COPIES MAILED (W/ECF APPLICATION) AND E-MAILED.(mbh, ) (Entered: 09/10/2019)

NOTICE of Appearance by SEAN J. MCGRATH on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(MCGRATH, SEAN) (Entered: 10/28/2019)

NOTICE of Appearance by ELEANOR N. EWING on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(EWING, ELEANOR) (Entered: 10/29/2019)

NOTICE of Appearance by BENJAMIN H. FIELD on behalf of THE CITY OF PHILADELPHIA with Certificate of Service(FIELD, BENJAMIN) (Entered: 10/29/2019)

NOTICE of Appearance by DIANA P. CORTES on behalf of THE CITY OF PHILADELPHIA (CORTES, DIANA) (Entered: 10/30/2019)

ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE FOR 90 DAYS. THE PARTIES SHALL REPORT TO JUDGE BARTLE AFTER 90 DAYS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/4/19. 11/4/19 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/04/2019)

ORDER THAT THIS CASE IS REFERRED TO MAGISTRATE JUDGE ELIZABETH T. HEY FOR A SETTLEMENT CONFERENCE TO BE SCHEDULED AS SOON AS POSSIBLE. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/4/19. 11/4/19 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/04/2019)

MOTION to Withdraw as Attorney Maia Goodell filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT..(WEAVER, MEREDITH) (Entered: 11/07/2019)

Proposed Pretrial Order Proposed Order Granting Plaintiffs' Motion to Withdraw Maia Goodell as Attorney for Plaintiffs by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (WEAVER, MEREDITH) (Entered: 11/08/2019)

MOTION for Pro Hac Vice for Michelle A Caiola filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Certificate of Service.(FERLEGER, DAVID)(Fee paid on 11/13/19) (Entered: 11/12/2019)

ORDER THAT A TELEPHONIC SETTLEMENT STATUS CONFERENCE WILL BE HELD ON 11/13/19 AT 4:00 PM. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 11/12/19. 11/14/19 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/14/2019)

ORDER THAT PLAINTIFFS' MOTION TO WITHDRAW MAIA GOODELL AS ATTORNEY IS GRANTED AND MAIA GOODALL SHLL BE REMOVED AS COUNSEL FOR PLAINTIFF'S IN THIS CASE. SIGNED BY HONORABLE HARVEY BARTLE, III ON 11/13/19. 11/14/19 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/14/2019)

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 1/29/2020 AT 9:30 A.M., BEFORE THE UNDERSIGNED IN CHAMBERS, ROOM 3038, 3RD FLOOR, U.S. COURTHOUSE, 601 MARKET STREET, PHILA., PA, ETC. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 11/18/19. 11/19/19 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 11/19/2019)

ORDER THAT THE APPLICATION OF MICHELLE A. CAIOLA, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 12/3/19. 12/4/19 ENTERED AND COPIES MAILED TO ATTY WITH ECF APPLICATION AND E-MAILED.(mbh, ). (Entered: 12/04/2019)

ORDER THAT THE SETTLEMENT CONFERENCE HAS BEEN RESCHEDULED AND WILL NOW BE HELD ON 2/4/20 AT 9:30 AM IN CHAMBERS. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 12/5/19. 12/6/19 ENTERED AND COPIES E-MAILED.(mbh, ). (Entered: 12/06/2019)

Minute Entry for Settlement Conference held on 2/4/20 before Judge Hey. (mbh, ) (Entered: 02/05/2020)

NOTICE of Hearing: STATUS CONFERENCE SET FOR 2/24/2020 09:30 AM IN JUDGE BARTLE'S CHAMBERS BEFORE HONORABLE HARVEY BARTLE III. ADDITIONAL CONFERENCE INFORMATION CONTAINED HEREIN.(km, ) (Entered: 02/06/2020)

ORDER THAT TWO SUPPLEMENTAL SETTLEMENT CONFERENCES WILL BE HELD ON 3/6/20 AT 9:30 AM AND 4/6/20 AT 9:30 AM IN CHAMBERS. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 2/5/20. 2/7/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 02/07/2020)

NOTICE by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT re 14 Suspense Order, PLAINTIFFS' REPORT PURSUANT TO COURT's CIVIL SUSPENSE ORDER (Doc. 14) (FERLEGER, DAVID) (Entered: 02/19/2020)

ORDER THAT THE CLERK OF COURT TRANSFER SAID CASE FROM THE CIVIL SUSPENSE FILE TO THE CURRENT DOCKET FOR FINAL DISPOSITION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/20/2020. 2/21/2020 ENTERED AND COPIES E-MAILED.(amas) (Entered: 02/21/2020)

Minute Entry for Status Conference held on 2/24/20 before Judge Bartle. (mbh, ) (Entered: 02/24/2020)

ORDER THAT UPON THE JOINT REQUEST OF THE PARTIES, THE SETTLEMENT CONFERENCES SCHEDULED FOR 3/6/20 AND 4/6/20 ARE CANCELLED. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 2/26/20. 2/27/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 02/27/2020)

SCHEDULING ORDER THAT DEFTS SHALL FILE & SERVE AN ASNSWER OR OTHER RESPONSE ON OR BEFORE 3/24/2020. ALL DISCOVERY DUE BY 12/30/2020. ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION DUE BY 4/15/2021. PARTIES SHALL FILE & SERVE PRETRIAL MEMORANDA BY 8/25/2021. TRIAL POOL SET FOR 9/1/2021. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/4/20. 3/5/20 ENTERED AND COPIES E-MAILED.(kw, ) Modified on 3/19/2020 (lvj, ). (VACATED PER ORDER #32) (Entered: 03/05/2020)

SECOND SCHEDULING ORDER THAT THE FIRST SCHEDULING ORDER IS VACATED. DEFTS SHALL FILE AND SERVE AN ANSWER ON OR BEFORE APRIL 24, 2020. PLFFS SHALL FILE AND SERVE A MOTION FOR CLASS CERTIFICATION ON OR BEFORE 4/7/20. DISCOVERY DUE BY 12/30/2020. MOTIONS DUE BY 4/15/2021. PLAINTIFF PRETRIAL MEMO DUE BY 8/25/2021. DEFENDANT PRETRIAL MEMO DUE BY 8/25/2021. TRIAL POOL SET FOR 9/1/2021.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/19/20. 3/19/20 ENTERED AND E-MAILED.(lvj, ). Modified on 3/23/2020 (mbh, ). (VACATED PER ORDER #33) (Entered: 03/19/2020)

AMENDED SECOND SCHEDULING ORDER:ALL DISCOVERY IS DUE BY 12/30/2020. DISPOSITIVE MOTIONS AND MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 4/15/2021. THE CASE WILL BE PLACED IN THE TRIAL POOL ON 9/1/2021.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/19/20. 3/23/20 ENTERED AND COPIES E-MAILED.(mbh, ) Modified on 1/12/2021 (VACATED PER ORDER #70) (mbh, ). (Entered: 03/23/2020)

MOTION to Certify Class pursuant to FRCP 23(a) and 23(b)(2) filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Brief, Declaration. (Attachments: # 1 Brief in Support of Plaintiffs' Motion for Class Certification, # 2 Declaration of Orlando Acosta in Support of Plaintiffs' Motion for Class Certification, # 3 Declaration of Tony Brooks in Support of Plaintiffs' Motion for Class Certification, # 4 Declaration of Kenneth Brown in Support of Plaintiffs' Motion for Class Certification, # 5 Declaration of Caitlin Chasar in Support of Plaintiffs' Motion for Class Certification, # 6 Declaration of Liam Dougherty in Support of Plaintiffs' Motion for Class Certification, # 7 Declaration of Thomas Earle in Support of Plaintiffs' Motion for Class Certification, # 8 Declaration of Fran Fulton in Support of Plaintiffs' Motion for Class Certification, # 9 Declaration of Latoya Maddox in Support of Plaintiffs' Motion for Class Certification, # 10 Declaration of Louis Olivo in Support of Plaintiffs' Motion for Class Certification, # 11 Declaration of German Parodi in Support of Plaintiffs' Motion for Class Certification, # 12 Declaration of Meredith Weaver in Support of Plaintiffs' Motion for Class Certification, # 13 Declaration of David Ferleger in Support of Plaintiffs' Motion for Class Certification, # 14 Text of Proposed Order Granting Plaintiffs' Motion for Class Certification)(WEAVER, MEREDITH) (Entered: 04/07/2020)

RESPONSE to Motion re 34 MOTION to Certify Class pursuant to FRCP 23(a) and 23(b)(2) filed by THE CITY OF PHILADELPHIA. (MCGRATH, SEAN) (Entered: 04/21/2020)

RESPONSE to Motion re 34 MOTION to Certify Class pursuant to FRCP 23(a) and 23(b)(2) CORRECTED - With Certification of Service filed by THE CITY OF PHILADELPHIA. (MCGRATH, SEAN) (Entered: 04/21/2020)

MOTION for Pro Hac Vice for Kymberly K. Evanson ( Filing fee $ 40 receipt number 0313-14256897.) filed by THE CITY OF PHILADELPHIA..(CORTES, DIANA) (Entered: 04/24/2020)

MOTION for Pro Hac Vice for Paul J. Lawrence ( Filing fee $ 40 receipt number 0313-14256912.) filed by THE CITY OF PHILADELPHIA..(CORTES, DIANA) (Entered: 04/24/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THE CITY OF PHILADELPHIA.. (Attachments: # 1 Memorandum in Support of Partial Motion to Dismiss, # 2 Text of Proposed Order, # 3 Certificate of Service)(CORTES, DIANA) (Entered: 04/24/2020)

ORDER THAT THE APPLICATION OF KYMBERLY K. EVANSON, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/27/20.4/27/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 04/27/2020)

ORDER THAT THE APPLICATION OF PAUL J. LAWRENCE, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 4/27/20.4/27/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 04/27/2020)

REPLY to Response to Motion re 34 MOTION to Certify Class pursuant to FRCP 23(a) and 23(b)(2) filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (WEAVER, MEREDITH) (Entered: 04/28/2020)

MOTION for Pro Hac Vice admission of Rebecca Sobie filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Plaintiffs' Motion for Pro Hac Vice Admission of Rebecca Sobie.(FERLEGER, DAVID) Modified on 5/27/2020 (mbh, ). (fee paid on 5/26/20) (Entered: 05/07/2020)

RESPONSE in Opposition re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (Attachments: # 1 Text of Proposed Order Denying Defendant's Partial Motion to Dismiss)(KOZAK-OXNARD, ANDREA) (Entered: 05/08/2020)

REPLY in Support re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THE CITY OF PHILADELPHIA. (CORTES, DIANA) Modified on 5/18/2020 (fb). (Entered: 05/15/2020)

ORDER THAT THE APPLICATION OF REBECCA H, SOBIE, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/20/20.5/21/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 05/21/2020)

STIPULATION and Proposed Protective Order by THE CITY OF PHILADELPHIA. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL). (EVANSON, KYMBERLY) Modified on 6/2/2020 (fb). (Entered: 06/01/2020)

STIPULATION AND PROPOSED PROTECTIVE ORDER, WITH COURT APPROVAL. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/4/20. 6/4/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 06/04/2020)

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/6/20. 7/6/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/06/2020)

ORDER THAT THE MOTION TO DISMISS IN PART PLAINTIFF'S COMPLAINT IS GRANTED.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/6/20. 7/6/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/06/2020)

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/7/20. 7/7/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/07/2020)

ORDER THAT THE MOTIONS OF PLAINTIFFS FOR CLASS CERTIFICATION IS GRANTED. . SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/7/20. 7/7/20 ENTERED AND COPIES E-MAILED. (mbh, ) (Entered: 07/07/2020)

Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 7/13/20. (JL ) (Entered: 07/14/2020)

MOTION for Entry of Judgment under Rule 54(b) or, Alternatively, for Practical Modification, Pursuant to Federal Rule of Civil Procedure 54(b) filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Brief, Certificate of Counsel, Certificate of Service. (Attachments: # 1 Brief In Support of Plaintiffs' Motion for Entry of Final Judgment, or, Alternatively, for Practical Modification, Pursuant to Federal Rule of Civil Procedure 54(b), # 2 Text of Proposed Order Granting Plaintiffs Motion for Entry of Final Judgment Pursuant to Federal Rule of Civil Procedure 54(b))(KOZAK-OXNARD, ANDREA) (Entered: 07/20/2020)

1 Brief In Support of Plaintiffs' Motion for Entry of Final Judgment, or, Alt

View on RECAP

2 Text of Proposed Order Granting Plaintiffs Motion for Entry of Final Judgment Pu

View on PACER

MOTION for Extension of Time to File Answer filed by THE CITY OF PHILADELPHIA.Motion for Extension of Time to File a Responsive Pleading. (Attachments: # 1 Brief in Support of Motion for Extension of Time to File a Responsive Pleading, # 2 Declaration of Kymberly Evanson in Support of Motion for Extension, # 3 Text of Proposed Order Granting Motion for Extension of Time to File Responsive Pleading)(EVANSON, KYMBERLY) (Entered: 07/21/2020)

RESPONSE to Motion re 55 MOTION for Extension of Time to File Answer filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (KOZAK-OXNARD, ANDREA) (Entered: 07/24/2020)

ORDER THAT DEFENDANT'S MOTION TO EXTEND TIME TO FILE A RESPONSIVE PLEADING TO THE COMPLAINT IS GRANTED. DEFENDANT SHALL FILE ITS RESPONSIVE PLEADING 14 DAYS AFTER THE COURT ENTERS AN ORDER ADJUDICATING PLAINTIFFS' RULE 54(b) MOTION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/27/20.7/28/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/28/2020)

RESPONSE in Opposition re 54 MOTION for Entry of Judgment under Rule 54(b) or, Alternatively, for Practical Modification, Pursuant to Federal Rule of Civil Procedure 54(b) filed by THE CITY OF PHILADELPHIA. (CORTES, DIANA) (Entered: 08/03/2020)

ORDER THAT THE MOTION OF PLAINTIFFS FOR ENTRY OF A FINAL JUDGMENT UNDER RULE 54(b) OF THE FRCP ON THE COURT'S 7/6/20 DISMISSAL OF THE PLAINTIFFS' PROGRAM ACCESS CLAIMS IS DENIED. THE ALTERNATIVE MOTION OF PLAINTIFFS TO MODIFY THE COURT 7/6/20 ORDER IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/5/20.8/5/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 08/05/2020)

ANSWER to 1 Complaint by THE CITY OF PHILADELPHIA.(EVANSON, KYMBERLY) (Entered: 08/18/2020)

ORDER THAT A TELEPHONIC SETTLEMENT STATUS CONFERENCE IS SCHEDULED ON 9/24/20 AT 4:30 PM . SIGNED BY UNTED STATES MAGISTRATE JUDGE ELIZABETH T. HEY ON 9/1/20. 9/1/20 ENTERED AND COPIES E-MAILED. (mbh, ) Modified on 9/2/2020 (mbh, ). (Entered: 09/01/2020)

MOTION to Withdraw as Attorney Michelle Caiola filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT..(WEAVER, MEREDITH) (Entered: 09/17/2020)

Proposed Pretrial Order Granting Plaintiffs' Motion to Withdraw Michelle Caiola as Attorney for Plaintiffs by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL).(WEAVER, MEREDITH) Modified on 9/18/2020 (fb). (Entered: 09/17/2020)

ORDER THAT PLAINTIFFS' MOTION TO WITHDRAW MICHELLE CAIOLA AS ATTORNEY IS GRANTED AND MICHELLE CAIOLA SHALL BE REMOVED AS COUNSEL FOR PLAINTIFFS IN THIS CASE. ALL FUTURE CORRESPONDENCE AND PAPERS IN THIS ACTION SHOULD CONTINUE TO BE DIRECTED TO MEREDITH J. WEAVER, ANDREA KOZAK-OXNARD AND REBECCA J. SOBIE OF DISABILITY RIGHTS ADVOCATES AND DAVID FERLEGER LAW OFFICE. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/18/20. 9/18/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 09/18/2020)

Minute Entry for proceedings held before MAGISTRATE JUDGE ELIZABETH T. HEY Telephonic Pretrial Conference held on 9/24/20 (mbh, ) (Entered: 09/25/2020)

ORDER THAT A SUPPLEMENTAL SETTLEMENT CONFERENCE WILL BE HELD ON 11/17/2020 AT 9:30 AM IN CHAMBERS BEFORE MAGISTRATE JUDGE ELIZABETH T. HEY. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 9/25/20. 9/25/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 09/25/2020)

Minute Entry for proceedings held before MAGISTRATE JUDGE ELIZABETH T. HEY Settlement Conference held on 11/17/20. (mbh, ) (Entered: 11/17/2020)

ORDER THAT IN ACCORDANCE WITH THE SETTLEMENT CONFERENCE HELD THIS DAY, COUNSEL SHALL MEET WEEKLY TO DISCUSS POTENTIAL TERMS OF SETTLEMENT AND BY THE END OF EACH WEEK SHALL PROVIDE AN EMAIL UPDATE TO JUDGE HEYS CONFIRMING WHETHER THE PARTIES HAVE MET, WHEN THEY NEXT PLAN TO MEET AND IDENTIFYING ANY ISSUES ON WHICH THEY SEEK JUDGE HEY'S ASSISTANCE. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 11/17/20. 11/18/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/18/2020)

Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 1/11/21. (mbh, ) (Entered: 01/12/2021)

THIRD SCHEDULING ORDER: ALL DISCOVERY SHALL BE COMPLETED BY 3/31/2021. ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE MOTION SHALL BE FILED BY 7/1/2021. THE PARTIES SHALL FILE PRETRIAL MEMORANDA BY 10/25/2021. THIS CASE WILL BE PLACED IN THE TRIAL POOL 11/1/2021. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/12/21. 1/12/21 ENTERED AND COPIES E-MAILED.(mbh, ) Modified on 5/20/2021 (mbh, ). (VACATED PER ORDER #76) (Entered: 01/12/2021)

Minute Entry for proceedings held before MAGISTRATE JUDGE ELIZABETH T. HEY Status Telephone Conference held on 1/25/21. (mbh, ) (Entered: 01/26/2021)

Minute Entry for proceedings held before MAGISTRATE JUDGE ELIZABETH T. HEY Status Telephone Conference held on 1/28/21. (mbh, ) (Entered: 01/28/2021)

ORDER THAT A SUPPLEMENTAL SETTLEMENT CONFERENCE WILL BE HELD ON 2/25/2021 AT 1:30 PM IN CHAMBERS BEFORE MAGISTRATE JUDGE ELIZABETH T. HEY. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 1/29/21. 1/29/21 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 01/29/2021)

Minute Entry for proceedings held before MAGISTRATE JUDGE ELIZABETH T. HEY Settlement Conference held on 2/25/21. (mbh, ) (Entered: 02/26/2021)

Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 5/20/21. (mbh, ) (Entered: 05/20/2021)

FOURTH SCHEDULING ORDER: THE THIRD SCHEDULING ORDER (DOC #70) IS VACATED. ANY SUMMARY JUDGMENT MOTION OR OTHER DISPOSITIVE SHALL BE FILED BY 7/22/2021. THE PARTIES SHALL FILE PRETRIAL MEMORANDA ON OR BEFORE 11/23/21. THE CASE WILL BE PLACED IN THE TRIAL POOL FOR 12/1/2021. SIGNED BY HONORABLE HARVEY BARTLE, III ON 5/20/21. 5/20/21 ENTERED AND COPIES E-MAILED.(mbh, ) Modified on 11/12/2021 (mbh, ). (PARAGRAPHS 7 & 8 VACATED PER ORDER #103) (Entered: 05/20/2021)

MOTION to Compel Disclosure of Withheld Documents filed by THE CITY OF PHILADELPHIA.Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum In Support of Defendant's Motion to Compel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(MCGRATH, SEAN) (Entered: 07/13/2021)

NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 7/28/2021 11:00 AM BEFORE HONORABLE HARVEY BARTLE III. CALL-IN INFORMATION HAS BEEN CIRCULATED BY CHAMBERS.(km, ) (Entered: 07/16/2021)

MOTION for Partial Summary Judgment filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Brief, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S)(WEAVER, MEREDITH) (Entered: 07/22/2021)

MOTION for Partial Summary Judgment filed by THE CITY OF PHILADELPHIA.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Declaration Sean McGrath, # 4 Exhibit A-McGrath, # 5 Exhibit B-McGrath, # 6 Exhibit C-McGrath, # 7 Exhibit D-McGrath, # 8 Exhibit E-McGrath, # 9 Exhibit F-McGrath, # 10 Exhibit G-McGrath, # 11 Exhibit H-McGrath, # 12 Exhibit I-McGrath, # 13 Exhibit J-McGrath, # 14 Exhibit K-McGrath, # 15 Exhibit L-McGrath, # 16 Exhibit M-McGrath, # 17 Exhibit N-McGrath, # 18 Exhibit O-McGrath, # 19 Exhibit P-McGrath, # 20 Exhibit Q-McGrath, # 21 Exhibit R-McGrath, # 22 Exhibit S-McGrath, # 23 Declaration Michael Carroll, # 24 Exhibit A Part 1-Carroll, # 25 Exhibit A Part 2-Carroll, # 26 Exhibit B-Carroll, # 27 Exhibit C-Carroll, # 28 Exhibit D-Carroll, # 29 Exhibit E-Carroll, # 30 Exhibit F-Carroll, # 31 Declaration Sunil Gill, # 32 Declaration Dan Call)(EVANSON, KYMBERLY) (Entered: 07/22/2021)

RESPONSE in Opposition re 77 MOTION to Compel Disclosure of Withheld Documents filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (Attachments: # 1 Declaration of Rebecca Sobie, # 2 Exhibit A - Sobie, # 3 Exhibit B - Sobie, # 4 Declaration of Josh Safdie)(SOBIE, REBECCA) (Entered: 07/27/2021)

ORDER THAT THE MOTION OF THE CITY OF PHILADELPHIA TO COMPEL DISCLOSURE OF DOCUMENTS AND RELATED COMMUNICATIONS WITHHELD BY PLAINTIFFS IS DENIED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/28/21.7/29/21 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 07/29/2021)

Minute Entry for proceedings held before HONORABLE HARVEY BARTLE, III Status Conference held on 7/28/21 (mbh, ) (Entered: 07/29/2021)

MOTION to Strike 80 MOTION for Partial Summary Judgment Portions of Decl. of Michael Carroll [ECF No. 80-23] and Def's MOL relying thereon [ECF No. 80-2] filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Declaration and Exhibits)(SOBIE, REBECCA) (Entered: 08/05/2021)

RESPONSE in Opposition re 80 MOTION for Partial Summary Judgment filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (Attachments: # 1 Declaration and Exhibits, # 2 Text of Proposed Order)(WEAVER, MEREDITH) (Entered: 08/05/2021)

RESPONSE in Opposition re 79 MOTION for Partial Summary Judgment filed by THE CITY OF PHILADELPHIA. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Supplemental Declaration of Sunil Gill, # 3 Declaration Second Declaration of Sean McGrath, # 4 Exhibit A-McGrath, # 5 Exhibit B-McGrath, # 6 Exhibit C-McGrath, # 7 Exhibit D-McGrath, # 8 Exhibit E-McGrath, # 9 Exhibit F-McGrath)(EVANSON, KYMBERLY) (Entered: 08/05/2021)

NOTICE and Motion of Withdrawal of Appearance by REBECCA J. SOBIE on behalf of All Plaintiffs (Attachments: # 1 Text of Proposed Order)(SOBIE, REBECCA) Modified on 8/10/2021 (fb). (Entered: 08/09/2021)

REPLY in Support re 80 MOTION for Partial Summary Judgment filed by THE CITY OF PHILADELPHIA. (EVANSON, KYMBERLY) Modified on 8/13/2021 (fb). (Entered: 08/12/2021)

REPLY in Support re 79 MOTION for Partial Summary Judgment filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT. (Attachments: # 1 Declaration of Meredith J. Weaver, # 2 Exhibit A, # 3 Exhibit C, # 4 Exhibit D)(WEAVER, MEREDITH) Modified on 8/13/2021 (fb). (Entered: 08/12/2021)

ORDER THAT PLAINTIFFS' MOTION TO WITHDRAW IS GRANTED AND ANDREA KOZAK-OXNARD SHALL BE REMOVED AS COUNSEL FOR PLAINTIFFS IN THIS CASE. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/17/21.8/17/21 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 08/17/2021)

RESPONSE in Opposition re 84 MOTION to Strike 80 MOTION for Partial Summary Judgment Portions of Decl. of Michael Carroll [ECF No. 80-23] and Def's MOL relying thereon [ECF No. 80-2] filed by THE CITY OF PHILADELPHIA. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Third Declaration of Sean McGrath, # 3 Exhibit A-McGrath, # 4 Exhibit B-McGrath, # 5 Exhibit C-McGrath, # 6 Exhibit D-McGrath, # 7 Exhibit E-McGrath)(MCGRATH, SEAN) (Entered: 08/19/2021)

NOTICE of Hearing on Motion 79 MOTION for Partial Summary Judgment, 84 MOTION to Strike 80 MOTION for Partial Summary Judgment Portions of Decl. of Michael Carroll [ECF No. 80-23] and Def's MOL relying thereon [ECF No. 80-2], 80 MOTION for Partial Summary Judgment : MOTION HEARING SET FOR 9/15/2021 10:30 AM IN Courtroom 16A BEFORE HONORABLE HARVEY BARTLE III.(km, ) (Entered: 09/07/2021)

NOTICE of Withdrawal of Appearance by ELEANOR N. EWING on behalf of All Defendants (EWING, ELEANOR) (Entered: 09/10/2021)

Minute Entry for proceedings held on 9/15/21 before HONORABLE HARVEY BARTLE, IIIin Courtroom 16-A Oral Argument on Cross Motions for Summary Judgment (Doc #79 & 80). Court Reporter: ESR. (mbh, ) (Entered: 09/16/2021)

MOTION for Pro Hac Vice admission of Rebecca Serbin filed by TONY BROOKS, DISABLED IN ACTION OF PENNSYLVANIA, INC., LIAM DOUGHERTY, FRAN FULTON, LIBERTY RESOURCES, INC., LOUIS OLIVO, PHILADELPHIA ADAPT.Affidavit and Certificate of Service.(FERLEGER, DAVID) (FEE PAID ON 10/5/21; RECEIPT #PPE232642) (Entered: 10/24/2021)

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/27/21. 10/27/21 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 10/27/2021)

ORDER THAT THE MOTION OF PLAINTIFFS FOR PARTIAL SUMMARY JUDGMENT IS DENIED. THE MOTION OF THE CITY OF PHILADELPHIA FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/27/21. 10/27/21 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 10/27/2021)

ORDER THAT THE APPLICATION OF REBECCA C. SERBIN, ESQUIRE TO PRACTICE IN THE COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/27/21.10/27/21 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 10/27/2021)