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

2:19-cv-03846 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Aug. 26, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an Americans with Disabilities Act (ADA) and Rehabilitation Act class action case brought in 2019 against the City of Philadelphia in the U.S. District Court for the Eastern District of Pennsylvania. Judge Harvey Bartle III and Magistrate Judge Elizabeth T. Hey presided over the case. The class action suit was brought by Liberty Resources, an independent living center that serves Philadelphian residents with disabilities, along with several related non-profits and a number of Philadelph…

This is an Americans with Disabilities Act (ADA) and Rehabilitation Act class action case brought in 2019 against the City of Philadelphia in the U.S. District Court for the Eastern District of Pennsylvania. Judge Harvey Bartle III and Magistrate Judge Elizabeth T. Hey presided over the case. The class action suit was brought by Liberty Resources, an independent living center that serves Philadelphian residents with disabilities, along with several related non-profits and a number of Philadelphian residents who use wheelchairs or canes for mobility because of a disability. In their complaint filed on August 26, 2019, plaintiffs alleged that Philadelphia had violated the ADA and the Rehabilitation Act. Specifically, plaintiffs alleged that Philadelphia had failed to maintain its sidewalks, curb ramps, crosswalks, and other parts of pedestrian travel according to federally mandated standards, and the disrepair of pedestrian rights of way made daily life unsafe, time-consuming, and frustrating for plaintiffs and those in similar situations. Plaintiffs sought class certification and injunctive relief requiring Philadelphia to develop and implement a plan to provide meaningful access for persons with impairments that affect mobility to Philadelphia’s pedestrian rights of way program.

Plaintiffs moved for class certification in April 2020, and the court granted class certification on July 7, 2020, after concluding that plaintiffs met the requirements of a class under the Federal Rules of Civil Procedure. 2020 WL 3816109.

Also in April 2020, the City of Philadelphia moved to dismiss the case in part for failure to state a claim. On July 6, 2020, the court granted the city’s motion to dismiss in part. First, the court dismissed plaintiffs’ complaint to the extent that they alleged that the failure of the city to maintain pedestrian rights of way itself constitutes the denial of plaintiffs of the benefits of services under the ADA or the Rehabilitation Act. Here, the court maintained that under the ADA and Rehabilitation Act, pedestrian rights of way are not themselves a service. Rather, the city only had a duty to maintain sidewalks, curbs, and other walkways that either were necessary to access public services or were built or altered after 1992. As a result, the court dismissed plaintiffs’ complaint to the extent that it implied a greater duty of the city than required under the ADA. Similarly, the court dismissed plaintiffs' claim for relief requiring the city to create a Self-Evaluation and Transition Plan. The court concluded that the Self-Evaluation and Transition Plan regulations in the ADA and Rehabilitation Act were not privately enforceable because they impose on public entities duties beyond what the statutes imposed. 2020 WL 3642484.

Following discovery and some trial preparation, the parties began to engage in serious settlement discussions in January 2022. Between January and September 2022, the case was stayed pending settlement negotiations, and on October 14, 2022, parties entered a joint motion for preliminary approval of settlement. The court granted the motion on October 19, 2022, certifying the Settlement Class and finding the settlement agreement to be fair, reasonable, and adequate. The City of Philadelphia agreed to install 10,000 curb ramps over the 15-year settlement period, with at least 2,000 ramps installed every three years. The City also agreed to repair and maintain existing curbs ramps as required under the ADA, to implement a new system that allows Philadelphian residents to submit installation and remediation requests regarding specific curb ramps, and to publicly report the location, installation, and completion of curb ramp work undertaken each year. Finally, the City agreed to pay the negotiated amount of $1,100,000 in attorneys’ fees and costs.

On January 9, 2023, five people who met the class definition moved to intervene in the case as plaintiffs under Rule 24 and to dismiss the case. The proposed intervenors argued that the settlement was unfair because the 15-year window for Philadelphia’s compliance was too long and contradicted federal law. They also raised several other challenges. First, they argued that dismissal was proper because the plaintiffs had not properly notified the Justice Department, state governments, and the public about the case. Second, they argued that the class should not have been certified because its members' claims lacked sufficient commonality and because class actions are generally inappropriate in ADA cases. Finally, they argued that the plaintiffs lacked standing to sue.

The court denied the motion to intervene two months later, on March 1, 2023. The court held that the motion failed to properly identify what type of intervention was sought, that the litigation was too far along to allow intervenors, and that the movants had not clearly established that their interests were different from the existing plaintiffs. However, the court took the movants’ objections to the fairness of the settlement into consideration for its later ruling. Because the court had denied the motion to intervene, it also denied the motion to dismiss. 2023 WL 2588167.

Back in January 2023, the parties filed a joint motion for approval of the final settlement agreement. The plaintiffs also filed an unopposed motion for attorney’s fees.

On May 1, 2023, the court approved the final settlement agreement and granted the motion for attorney's fees. In its ruling, the court addressed various objections to the agreement. The court held that the plaintiffs had standing to sue, and that the class certification was proper and met the commonality requirements. The court also held that the agreement was fair, and that the 15-year window was not too long. It also found that the proposed attorney’s fees were reasonable. 2023 WL 3204018.

Summary Authors

Sarah Portwood (11/13/2022)

Micah Pollens-Dempsey (6/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16109594/parties/liberty-resources-inc-v-the-city-of-philadelphia/


Judge(s)

Bartle, Harvey (Pennsylvania)

Attorney for Plaintiff

CAIOLA, MICHELLE A. (Pennsylvania)

Attorney for Defendant

CORTES, DIANA P. (Pennsylvania)

EVANSON, KYMBERLY K. (Pennsylvania)

EWING, ELEANOR N. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

2:19-cv-03846

Complaint

Aug. 26, 2019

Aug. 26, 2019

Complaint
49

2:19-cv-03846

Memorandum

July 6, 2020

July 6, 2020

Order/Opinion

2020 WL 3642484

51

2:19-cv-03846

Memorandum

July 7, 2020

July 7, 2020

Order/Opinion

2020 WL 3816109

142-4

2:19-cv-03846

Settlement Agreement

Oct. 14, 2022

Oct. 14, 2022

Settlement Agreement
143

2:19-cv-03846

Order Granting Motion for Preliminary Approval of Class Settlement; Certifying Settlement Class; Directing Issuance of Settlement Notice; and Scheduling Hearing on Final Approval

Oct. 19, 2022

Oct. 19, 2022

Order/Opinion
160

2:19-cv-03846

Memorandum

Liberty Resources, Inc. v. City of Philadelphia

March 21, 2023

March 21, 2023

Order/Opinion

2023 WL 2588167

163

2:19-cv-03846

Memorandum

Liberty Resources, Inc. v. City of Philadelphia

May 1, 2023

May 1, 2023

Order/Opinion

2023 WL 3204018

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16109594/liberty-resources-inc-v-the-city-of-philadelphia/

Last updated July 1, 2026, 7:51 a.m.

ECF Number Date Description Link
1 Aug. 26, 2019

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)

RECAP
2 Aug. 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)

RECAP
Aug. 26, 2019

Summons Issued

Aug. 26, 2019

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

3 Sept. 3, 2019

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)

RECAP
4 Sept. 3, 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)

RECAP
5 Sept. 3, 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)

RECAP
6 Sept. 5, 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)

RECAP
7 Sept. 9, 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)

RECAP
8 Sept. 9, 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)

RECAP
9 Sept. 9, 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)

RECAP
10 Oct. 28, 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)

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11 Oct. 29, 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)

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12 Oct. 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)

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13 Oct. 30, 2019

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

RECAP
14 Nov. 4, 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)

RECAP
15 Nov. 4, 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)

RECAP
16 Nov. 7, 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)

RECAP
17 Nov. 8, 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)

RECAP
18 Nov. 12, 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)

RECAP
19 Nov. 13, 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)

RECAP
20 Nov. 13, 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)

RECAP
21 Nov. 18, 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)

RECAP
22 Dec. 4, 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)

RECAP
23 Dec. 6, 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)

RECAP
24 Feb. 5, 2020

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

RECAP
25 Feb. 6, 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)

RECAP
26 Feb. 6, 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)

RECAP
27 Feb. 19, 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)

RECAP
28 Feb. 20, 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)

RECAP
29 Feb. 24, 2020

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

RECAP
30 Feb. 26, 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)

RECAP
31 March 4, 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)

RECAP
32 March 19, 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)

RECAP
33 March 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)

RECAP
34 April 7, 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)

RECAP
35 April 21, 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)

RECAP
36 April 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)

RECAP
37 April 24, 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)

RECAP
38 April 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)

RECAP
39 April 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)

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40 April 27, 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)

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41 April 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)

RECAP
42 April 28, 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)

RECAP
43 May 7, 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)

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44 May 8, 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)

RECAP
45 May 15, 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)

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46 May 21, 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)

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47 June 1, 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)

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48 June 4, 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)

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49 July 6, 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)

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50 July 6, 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)

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51 July 7, 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)

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52 July 7, 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)

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53 July 14, 2020

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

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54 July 20, 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

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55 July 21, 2020

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)

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56 July 24, 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)

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57 July 28, 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)

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58 Aug. 3, 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)

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59 Aug. 5, 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)

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60 Aug. 18, 2020

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

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61 Sept. 1, 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)

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62 Sept. 17, 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)

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63 Sept. 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)

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64 Sept. 18, 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)

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65 Sept. 25, 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)

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66 Sept. 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)

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67 Nov. 17, 2020

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

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68 Nov. 18, 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)

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69 Jan. 12, 2021

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

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70 Jan. 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)

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71 Jan. 26, 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)

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72 Jan. 28, 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)

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73 Jan. 29, 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)

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74 Feb. 26, 2021

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

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75 May 20, 2021

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

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76 May 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)

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77 July 13, 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)

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78 July 16, 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)

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79 July 22, 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)

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80 July 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)

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81 July 27, 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)

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82 July 28, 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)

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83 July 28, 2021

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

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84 Aug. 5, 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)

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85 Aug. 5, 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)

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86 Aug. 5, 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)

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87 Aug. 9, 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)

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88 Aug. 12, 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)

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89 Aug. 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)

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90 Aug. 17, 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)

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91 Aug. 19, 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)

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92 Sept. 7, 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)

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93 Sept. 10, 2021

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

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94 Sept. 15, 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)

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95 Oct. 24, 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)

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96 Oct. 27, 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)

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97 Oct. 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)

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98 Oct. 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)

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Disability Rights

Key Dates

Filing Date: Aug. 26, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons with disabilities or impairments that affect their mobility--including, for example, people who use wheelchairs or other mobility devices, as well as those who are blind or have low vision--and who use or will use pedestrian rights of way in the City of Philadelphia.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Philadelphia

Defendant Type(s):

Jurisdiction-wide

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

Other Dockets:

Eastern District of Pennsylvania 2:19-cv-03846

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Required disclosure

Training

Amount Defendant Pays: $1100000.00

Issues

Disability and Disability Rights:

Mobility impairment

Sidewalks

Visual impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation