Case: Mote v. City of Chelsea

2:16-cv-11546 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 28, 2016

Case Ongoing

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Case Summary

This is a case about the accessibility of the City of Chelsea, Michigan to those with mobility impairments. On April 28. 2016, nine individuals with mobility impairments and the Ann Arbor Center for Independent Living, Inc. filed this class action lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the City of Chelsea, Chelsea Downtown Development Authority, and the Michigan Department of Transportation under the Americans with Disabilities Act, the Rehabilitation Act, and Michigan’s Persons with Disabilities Civil Rights Act. Represented by private counsel, the plaintiffs sought declarative relief and attorneys fees. The plaintiffs also sought a final injunction prohibiting each defendant from violating the Americans with Disabilities Act, the Rehabilitation Act, and the Chelsea defendants from violating Michigan’s Persons with Disabilities Civil Rights Act. The plaintiffs requested an injunction ordering the defendants to correct the access barriers according to law. They claimed that Chelsea’s streets and walks are not readily accessible to and usable by them, and new barriers to access were being created. They have difficulty on the sidewalks, with parking, and attending parades and festivals. The case was assigned to District Judge David M. Lawson.

On April 4, 2016 an amended complaint was filed changing a minor plaintiff from their full name to initials and clarifying their desire for final injunctive relief.

On April 1, 2016 the City of Chelsea filed a third party complaint by against the Washtenaw County Road Commission and an amended complaint April 5. The City of Chelsea alleged the responsibility for regulating and maintaining one of the main roadways that is the locale of certain alleged accessibility defects described in the complaint rests entirely with the Washtenaw County Road Commission. The City of Chelsea requested that the Washtenaw County Road Commission respond to any relief granted to the defendants regarding that roadway.

In October the Washtenaw County Road Commission moved for judgment on the pleadings. In November the Michigan Department of Transportation moved to dismiss and the Chelsea defendants and the plaintiffs entered a consent decree and partial settlement.

In January of 2017 Judge Lawson held a motion hearing. On May 19, 2017 Judge Lawson denied both the defendants’ motion for judgment on the pleadings and motion to dismiss, and granted plaintiffs' motion to amend the complaint and joint motion to approve the consent decree.

Judge Lawson found the pleadings stated plausible claims against all of the public entities under the Americans with Disabilities Act and the Rehabilitation Act. The Michigan Department of Transportation and the Washtenaw County Road Commission argued the plaintiffs must allege they were denied a service by a facility due to inaccessibility. However, the plaintiffs had claimed they were unable safely to navigate the sidewalks and have been denied the full enjoyment and benefit of public services such as municipal parking, parades, and festivals. The defendants had worked on sidewalks, curbs, and parking spaces without following statutory requirements regarding accessibility. The Michigan Department of Transportation and the Washtenaw County Road Commission also argued only the city was liable as the provider of the services. Judge Lawson found the Americans with Disabilities Act makes no distinction between the entity responsible for causing an obstruction and the entity that provides a service that is obstructed by accessibility defects.

Judge Lawson also found that bringing the Washtenaw County Road Commission into the dispute as a main defendant clarified the issues, properly aligned the parties, and would not prejudice anyone. The plaintiffs’ motion to amend the complaint to include the Washtenaw County Road Commission was granted. The amended complaint was filed five days after Judge Lawson’s ruling.

The plaintiffs and the Chelsea defendants reached a settlement presented as a proposed consent decree. The Michigan Department of Transportation took no position on that request, but the Washtenaw County Road Commission opposed it. They argued the claims in the amended complaint were without merit, the proposed settlement agreement is ambiguous and indefinite in scope, and entry of the consent decree may impair their ability to defend against the complaints. Judge Lawson found the consent decree only binds the parties in it and there was no good reason not to allow the settlement between the Chelsea defendants and the plaintiffs. 252 F.Supp.3d 642.

Judge Lawson signed the first consent decree between the plaintiffs and the Chelsea defendants on August 4, 2017. The Chelsea defendants agreed that all future construction and alterations be accessible by individuals with disabilities, unless technically infeasible. The Chelsea defendants would file annual reports of compliance listing each facility or portion of facility constructed or altered including its location and physical limits. The report would also include where new curb ramps or other sloped areas have been installed or removed as part of the projects. The Chelsea defendants agreed to file another report of all the same details of each facility built between 1992 and 2016. The prior report will include if the facilities meet the standards for each year and the Chelsea defendants’ intent to replace any non-conforming facility. It would list all missing ramps or sloped areas. The plaintiffs and the Chelsea defendants would use the report to determine what shall be replaced and file a second consent decree. The parties also agreed to comply with any changes in future standards. The Chelsea defendants agreed to pay $30,000 in attorney fees and costs and the initial term of the decree was for five years.

In April of 2017 the Michigan Department of Transportation and the Washtenaw County Road Commission both moved for summary judgment and the City of Chelsea moved for partial summary judgment. In August, Judge Lawson held a motion hearing and January 2, 2018 issued an order. Judge Lawson granted the Michigan Department of Transportation’s motion for summary judgment, granted in part and denied in part the Washtenaw County Road Commission’s motion for summary judgment, and denied the City of Chelsea’s motion for summary judgment.

The Michigan Department of Transportation claimed Eleventh Amendment immunity as a state agency barred from suit in a federal court. Judge Lawson pointed out the plaintiffs could easily amend their complaint to name the state agency’s highest official and congress removed state’s sovereign immunity in Title II of the ADA. However, the plaintiffs’ claims were dismissed because they have failed to submit adequate, prospectively admissible information to establish the existence of defects in the sidewalks which violated the regulations.

Judge Lawson found, contrary to the Washtenaw County Road Commission’s motion for summary judgment, that sidewalks functioned as both facilities and services, and that the plaintiffs had pointed out specific instances of inaccessibility and defects within the statute of limitations. The Ann Arbor Center for Independent Living, Inc. established standing by showing that they had to divert resources to secure compliance by the defendants. The Washtenaw County Road Commission also argued the defects were due to improper maintenance, for which they weren’t responsible. Judge Lawson found that they did not submit any evidence to support the defects weren’t due to their construction. However, the plaintiffs’ claims based on the alleged elimination of a pair of curb ramps at some intersections was dismissed; those instances were where the sidewalk does not intersect with the roadway, as required by law.

The City of Chelsea moved for summary judgment against the Washtenaw County Road Commission, but Michigan law imposed a duty on the city to maintain sidewalks. The Americans with Disabilities Act also imposed an express requirement on a responsible public entity to maintain in operable working condition facilities and equipment that are required to be readily usable by persons with disabilities. 284 F.Supp.3d 863

On January 23, 2018 costs were taxed for $3,891.55 against the plaintiffs for the Michigan Department of Transportation.

On June 19, 2018 the City of Chelsea released its first annual report per their consent decree. They identified all the facilities covered by the first consent decree and notified the court they intend to remedy all curb ramps constructed after 2007.

May 28 through June 1, 2018 the parties had a bench trial with Judge Lawson. July 3, 2019 Judge Lawson filed his opinion after the trial. Standing was again challenged. The Ann Arbor Center for Independent Living, Inc. maintained standing for the same reason previously decided, they had devoted significant resources. The individual plaintiffs also showed standing, as they had a significant possibility of future harm due to the faulty construction, and ordering compliance would likely redress the injury.

The plaintiffs showed that the Washtenaw County Road Commission’s construction of curb ramps failed to comply with the statutes. They must rework the offending curb ramps to improve drainage and to eliminate the incidence of standing water and the deposits of debris on the curb ramps. While the City of Chelsea issues permits for the Washtenaw County Road Commission, they had no inspection obligation concerning the project. Judge Lawson held the City of Chelsea was not liable for any resulting defects. While the Washtenaw County Road Commission alleged the City of Chelsea ought to maintain the curb ramps clear of water and debris, Judge Lawson found the problem was due to their construction.

Judge Lawson entered judgment for injunctive and declaratory relief against the Washtenaw County Road Commission, finding their facilities discriminated against the plaintiffs and failed to provide access for persons with disabilities as required by law and they shall be promptly fixed. Accordingly, the third party complaint was dismissed as moot. Except as to the claims addressed by the consent judgment, the claims against the Chelsea defendants were dismissed. 391 F.Supp.3d 720

The Washtenaw County Road Commission appealed to the Sixth Circuit July 30, 2019, but voluntarily dismissed their appeal October 10, 2019 after a private settlement with plaintiffs. 2019 WL 7834248.

On July 15, 2019 the City of Chelsea released its second annual report and on September 8, 2020 they released their third annual report per their consent decree. In each they described what they had constructed the last year and planned to construct.

On December 14, 2020 the plaintiffs and the Chelsea defendants entered their second consent decree. The city of Chelsea had performed all its obligations under the first settlement agreement. However, it had identified hundreds of defective curbs ramps and had corrected approximately twenty. They would file a report on which curb ramps would be technically infeasible to remedy and negotiate a timetable for repair in a third consent decree. The City of Chelsea was ordered to ensure a list accessible parking spaces. The Chelsea defendants were to pay $10,836.15 in costs and attorney fees.

The terms of the second consent decree were in force until August 4, 2022. This case is now believed to be closed.

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Summary Authors

Zoe Van Dyke (12/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6100702/parties/mote-v-chelsea-city-of-michigan/

Judge(s)

Lawson, David M. (Michigan)

Judge(s)

Lawson, David M. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
16 2:16-cv-11546	Class Action Amended Complaint	Aug. 4, 2016	Aug. 4, 2016 Complaint
20 2:16-cv-11546	Amended Third Party Complaint by City of Chelsea Against the Washtenaw County Road Commission Mote v. City of Chelse	Aug. 5, 2016	Aug. 5, 2016 Complaint
63 2:16-cv-11546	Corrected Opinion and Order Denying Motions for Judgment on the Pleadings, and Granting Plaintiffs' Motion to Amend the Complaint, and Joint Motion to Approve the Consent Decree	May 19, 2017	May 19, 2017 Order/Opinion 252 F.Supp.3d 252
65 2:16-cv-11546	Class Action Second Amended Complaint	May 22, 2017	May 22, 2017 Complaint
87 2:16-cv-11546	First Consent Decree	Aug. 4, 2017	Aug. 4, 2017 Order/Opinion
96 2:16-cv-11546	Opinion and Order Granting Motion for Summary Judgment by Defendant MichiganDepartment of Transportation, Granting in Part and Denying in Part Motion for Summary Judgment By Defendant Washtenaw County Road Commission, Denying Motion for Reconsideration By Defendant Michigan Department of Transportation, Denying Motion For Summary Judgment By Defendant City of Chelsea, and Ordering Status Conference	Jan. 2, 2018	Jan. 2, 2018 Order/Opinion 284 F.Supp.3d 284
118 2:16-cv-11546	City of Chelsea First Annual Report	June 19, 2018	June 19, 2018 Pleading / Motion / Brief
134 2:16-cv-11546	Judgment	July 3, 2019	July 3, 2019 Order/Opinion
132 2:16-cv-11546	Opinion After Trial	July 3, 2019	July 3, 2019 Order/Opinion 391 F.Supp.3d 391
136 2:16-cv-11546	City of Chelsea Second Annual Report	July 15, 2019	July 15, 2019 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6100702/mote-v-chelsea-city-of-michigan/

Last updated March 9, 2024, 3:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	[STRICKEN PER 08/02/16 ORDER] COMPLAINT filed by All Plaintiffs against All Defendants. No summons requested. Receipt No: 0645-5668965 - Fee: $ 400. County Where Action Arose: Washtenaw - [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Document Continuation) (Finnegan, John) Modified on 8/3/2016 (DPer). (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
	NOTICE of Error directed to: John Mark Finnegan re 1 Complaint. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (DWor)	April 29, 2016	April 29, 2016 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor)	April 29, 2016	April 29, 2016 PACER
	Addition of Parties to CM/ECF: Plaintiff Jennifer Kundak. Reason: The party was not added to CM/ECF when e-filing 1 Complaint, (Finnegan, John)	April 29, 2016	April 29, 2016 PACER
2	[STRICKEN PER 08/02/16 ORDER] ANSWER to Complaint with Affirmative Defenses by Chelsea Downtown Development Authority, Chelsea, City of. (Flintoft, Peter) Modified on 8/3/2016 (DPer). (Entered: 05/25/2016)	May 25, 2016	May 25, 2016 PACER
3	[STRICKEN PER 08/02/16 ORDER] NOTICE of Appearance by Michael J. Dittenber on behalf of Michigan Department of Transportation. (Dittenber, Michael) Modified on 8/3/2016 (DPer). (Entered: 05/27/2016)	May 27, 2016	May 27, 2016 PACER
4	[STRICKEN PER 08/02/16 ORDER] NOTICE TO APPEAR: Scheduling Conference set for 8/1/2016 at 2:00 PM before District Judge David M. Lawson. See image for document deadline. (SPin) Modified on 8/3/2016 (DPer). (Entered: 06/01/2016)	June 1, 2016	June 1, 2016 PACER
5	[STRICKEN PER 08/02/16 ORDER] WAIVER OF SERVICE Returned Executed. Ann Arbor Center for Independent Living, Inc. waiver sent on 5/3/2016, answer due 7/5/2016; Brenda Baraniak waiver sent on 5/3/2016, answer due 7/5/2016; Lee Benton waiver sent on 5/3/2016, answer due 7/5/2016; Deborah Clark waiver sent on 5/3/2016, answer due 7/5/2016; Carlos Gray-Lion waiver sent on 5/3/2016, answer due 7/5/2016; Jennifer Kundak waiver sent on 5/3/2016, answer due 7/5/2016; Shauna M Mote waiver sent on 5/3/2016, answer due 7/5/2016; JN waiver sent on 5/3/2016, answer due 7/5/2016; Karen Street waiver sent on 5/3/2016, answer due 7/5/2016; Merlyn Street waiver sent on 5/3/2016, answer due 7/5/2016. (Finnegan, John) Modified on 6/2/2016 (DWor). [WAIVER OF SERVICE IS FOR MICHIGAN DEPARTMENT OF TRANSPORTATION - WAIVER SENT ON 5/3/16] Modified on 8/3/2016 (DPer). (Entered: 06/01/2016)	June 1, 2016	June 1, 2016 PACER
6	[STRICKEN PER 08/02/16 ORDER] ATTORNEY APPEARANCE: Kenneth V. Klaus appearing on behalf of All Plaintiffs (Klaus, Kenneth) Modified on 8/3/2016 (DPer). (Entered: 06/03/2016)	June 3, 2016	June 3, 2016 PACER
7	[STRICKEN PER 08/02/16 ORDER] ANSWER to Complaint with Affirmative Defenses by Michigan Department of Transportation. (Dittenber, Michael) Modified on 8/3/2016 (DPer). (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
8	[STRICKEN PER 08/2/16 ORDER] STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Michigan Department of Transportation (Dittenber, Michael) Modified on 8/3/2016 (DPer). (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
9	[STRICKEN PER 08/02/16 ORDER] MOTION for Leave to File by Chelsea, City of. (Attachments: # 1 Exhibit, # 2 Document Continuation, # 3 Document Continuation) (Flintoft, Peter) Modified on 8/3/2016 (DPer). (Entered: 07/29/2016)	July 29, 2016	July 29, 2016 PACER
	Minute Entry for proceedings before District Judge David M. Lawson: Scheduling Conference held on 8/1/2016. (SPin)	Aug. 1, 2016	Aug. 1, 2016 PACER
10	[STRICKEN PER 08/02/16 ORDER] ORDER Granting 9 Motion for Leave to File Third-Party Complaint. Signed by District Judge David M. Lawson. (SPin) Modified on 8/3/2016 (DPer). (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
11	[STRICKEN PER 08/02/16 ORDER] THIRD PARTY COMPLAINT filed by Chelsea, City of against Washtenaw County Road Commission (Attachments: # 1 Exhibit Plaintiffs' Complaint) (Flintoft, Peter) Modified on 8/3/2016 (DPer). (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER
	REQUEST for THIRD-PARTY SUMMONS for Washtenaw County Road Commission. (Flintoft, Peter)	Aug. 2, 2016	Aug. 2, 2016 PACER
12	THIRD-PARTY SUMMONS Issued for Washtenaw County Road Commission (LHos) (Entered: 08/02/2016)	Aug. 2, 2016	Aug. 2, 2016 PACER
	Minute Entry for proceedings before District Judge David M. Lawson: Status Conference held on 8/2/2016. (SPin)	Aug. 2, 2016	Aug. 2, 2016 PACER
13	SCHEDULING ORDER: Status Conference set for 11/2/2016 at 3:00 PM; Discovery due by 1/31/2017; Dispositive Motion Cut-off set for 2/17/2017; Final Pretrial Conference set for 8/2/2017 at 3:00 PM; Bench Trial set for 8/14/2017 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (SPin) (Entered: 08/02/2016)	Aug. 2, 2016	Aug. 2, 2016 PACER
14	ORDER striking improper pleadings and filings, directing the Clerk of Court of correct the docket, and directing parties to file amended pleadings. Signed by District Judge David M. Lawson. (DPer) (Entered: 08/03/2016)	Aug. 2, 2016	Aug. 2, 2016 PACER
15	AMENDED ORDER Granting Motion for Leave to File Third-Party Complaint. Signed by District Judge David M. Lawson. (SPin) (Entered: 08/04/2016)	Aug. 2, 2016	Aug. 2, 2016 PACER
16	AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Finnegan, John) (Entered: 08/04/2016)	Aug. 4, 2016	Aug. 4, 2016 Clearinghouse
17	ANSWER to Amended Complaint with Affirmative Defenses by Chelsea Downtown Development Authority, Chelsea, City of. (Flintoft, Peter) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016 PACER
18	NOTICE of Appearance by Michael J. Dittenber on behalf of Michigan Department of Transportation. (Dittenber, Michael) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016 PACER
19	ANSWER to Amended Complaint with Affirmative Defenses by Michigan Department of Transportation. (Dittenber, Michael) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016 PACER
20	Amended THIRD PARTY COMPLAINT filed by Chelsea, City of against Washtenaw County Road Commission (Attachments: # 1 Exhibit Plaintiffs' Amended Complaint) (Flintoft, Peter) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016 Clearinghouse
21	NOTICE of Appearance by Kenneth V. Klaus on behalf of All Plaintiffs. (Klaus, Kenneth) (Entered: 08/05/2016)	Aug. 5, 2016	Aug. 5, 2016 PACER
22	ATTORNEY APPEARANCE: Thomas H. Derderian appearing on behalf of Washtenaw County Road Commission (Derderian, Thomas) (Entered: 08/29/2016)	Aug. 29, 2016	Aug. 29, 2016 PACER
23	ATTORNEY APPEARANCE: Wendy S. Hardt appearing on behalf of Washtenaw County Road Commission (Hardt, Wendy) (Entered: 08/29/2016)	Aug. 29, 2016	Aug. 29, 2016 PACER
24	ANSWER to Third Party Complaint with Affirmative Defenses by Washtenaw County Road Commission. (Derderian, Thomas) (Entered: 09/06/2016)	Sept. 6, 2016	Sept. 6, 2016 PACER
25	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Washtenaw County Road Commission (Derderian, Thomas) (Entered: 09/06/2016)	Sept. 6, 2016	Sept. 6, 2016 PACER
	Set/Reset Scheduling Order Deadlines: Interim Status Conference reset for 11/9/2016 at 2:00 PM before District Judge David M. Lawson. (SPin)	Oct. 4, 2016	Oct. 4, 2016 PACER
26	MOTION for Judgment on the Pleadings by Washtenaw County Road Commission. (Attachments: # 1 Brief in Support of Motion, # 2 Exhibit Exhibit A) (Hardt, Wendy) (Entered: 10/12/2016)	Oct. 12, 2016	Oct. 12, 2016 PACER
27	NOTICE OF HEARING on 26 MOTION for Judgment on the Pleadings. Motion Hearing set for 1/5/2017 at 10:30 AM before District Judge David M. Lawson. (SPin) (Entered: 10/13/2016)	Oct. 13, 2016	Oct. 13, 2016 PACER
	Set/Reset Scheduling Order Deadlines: Interim Status Conference reset for 10/26/2016 at 10:00 AM before District Judge David M. Lawson. (SPin)	Oct. 18, 2016	Oct. 18, 2016 PACER
28	NOTICE of Appearance by John L. Tuttle on behalf of Michigan Department of Transportation. (Tuttle, John) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016 PACER
	Minute Entry for proceedings before District Judge David M. Lawson: Status Conference held on 10/26/2016. (SPin)	Oct. 26, 2016	Oct. 26, 2016 PACER
29	RESPONSE to 26 MOTION for Judgment on the Pleadings filed by Chelsea, City of. (Attachments: # 1 Brief in Support of Opposition to Motion, # 2 Exhibit, # 3 Exhibit) (Flintoft, Peter) (Entered: 11/02/2016)	Nov. 2, 2016	Nov. 2, 2016 PACER
30	MOTION to Dismiss Under Fed. R. Civ. P. 12(c) by Michigan Department of Transportation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Tuttle, John) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
31	Joint MOTION by Defendant Chelsea and All Plaintiffs For Entry of First Consent Decree and Partial Settlement by All Plaintiffs. (Attachments: # 1 Exhibit Chelsea and Plaintiffs' Proposed First Consent Decree) (Finnegan, John) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 PACER
32	NOTICE OF HEARING on 30 MOTION to Dismiss Under Fed. R. Civ. P. 12(c). Motion Hearing set for 1/5/2017 at 10:30 AM before District Judge David M. Lawson. (SPin) (Entered: 11/10/2016)	Nov. 10, 2016	Nov. 10, 2016 PACER
33	REPLY to Response re 26 MOTION for Judgment on the Pleadings filed by Washtenaw County Road Commission. (Attachments: # 1 Exhibit) (Derderian, Thomas) (Entered: 11/16/2016)	Nov. 16, 2016	Nov. 16, 2016 PACER
34	MOTION to Amend/Correct 16 Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Second Amended Complaint) (Finnegan, John) (Entered: 11/21/2016)	Nov. 21, 2016	Nov. 21, 2016 PACER
35	RESPONSE to 31 Joint MOTION by Defendant Chelsea and All Plaintiffs For Entry of First Consent Decree and Partial Settlement filed by Washtenaw County Road Commission. (Attachments: # 1 Document Continuation) (Derderian, Thomas) (Entered: 11/21/2016)	Nov. 21, 2016	Nov. 21, 2016 PACER
36	MOTION to Amend/Correct Conclusion and signature page to documents 34 and 34-1 by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Second Amended Complaint) (Finnegan, John) (Entered: 11/22/2016)	Nov. 22, 2016	Nov. 22, 2016 PACER
37	NOTICE OF HEARING on 31 Joint MOTION For Entry of First Consent Decree and Partial Settlement. Motion Hearing set for 1/5/2017 at 10:30 AM before District Judge David M. Lawson. (SPin) (Entered: 11/23/2016)	Nov. 23, 2016	Nov. 23, 2016 PACER
	TEXT-ONLY ORDER Extending Time to Respond to 30 MOTION to Dismiss to 11/29/2016 and to Reply on or before 12/13/2016. Signed by District Judge David M. Lawson. (SPin)	Nov. 23, 2016	Nov. 23, 2016 PACER
38	RESPONSE to 30 MOTION to Dismiss Under Fed. R. Civ. P. 12(c) filed by Chelsea, City of. (Attachments: # 1 Document Continuation City of Chelsea Brief) (Flintoft, Peter) (Entered: 11/25/2016)	Nov. 25, 2016	Nov. 25, 2016 PACER
39	REPLY to Response re 31 Joint MOTION by Defendant Chelsea and All Plaintiffs For Entry of First Consent Decree and Partial Settlement filed by All Plaintiffs. (Finnegan, John) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
40	RESPONSE to 30 MOTION to Dismiss Under Fed. R. Civ. P. 12(c) filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Email Admitting MDOT will install curb ramps and MDOT Standard Curb Ramp Plan, # 3 Exhibit MDOT Website Documents, # 4 Exhibit USDOJ Amicus Brief in Frame v Arlington, # 5 Exhibit USDOJ Amicus Brief in Barden v Sacramento, # 6 Exhibit USDOJ Amicus Brief in Fortyune v City of Lomita) (Finnegan, John) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016 PACER
41	REPLY to Response re 31 Joint MOTION by Defendant Chelsea and All Plaintiffs For Entry of First Consent Decree and Partial Settlement filed by Chelsea Downtown Development Authority, Chelsea, City of. (Flintoft, Peter) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 PACER
42	RESPONSE to 34 MOTION to Amend/Correct 16 Amended Complaint Brief in Opposition filed by Washtenaw County Road Commission. (Derderian, Thomas) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
43	RESPONSE to 34 MOTION to Amend/Correct 16 Amended Complaint filed by Michigan Department of Transportation. (Tuttle, John) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
44	NOTICE OF HEARING on 34 MOTION to Amend/Correct 16 Amended Complaint / 36 MOTION to Amend/Correct Conclusion and signature page to documents 34 and 34-1. Motion Hearing set for 1/5/2017 at 10:30 AM before District Judge David M. Lawson. (SPin) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
45	REPLY to Response re 30 MOTION to Dismiss Under Fed. R. Civ. P. 12(c) filed by Michigan Department of Transportation. (Attachments: # 1 Exhibit Exhibit 1) (Tuttle, John) (Entered: 12/13/2016)	Dec. 13, 2016	Dec. 13, 2016 PACER
46	STIPULATED ORDER GRANTING EXTENDING DEADLINES: Discovery extended to 2/28/2017; Dispositive Motion Cut-off reset for 3/17/2017. Signed by District Judge David M. Lawson. (SPin) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
	Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 1/5/2017 re 31 Joint MOTION For Entry of First Consent Decree and Partial Settlement, 36 MOTION to Amend/Correct Conclusion and signature page to documents 34 and 34-1, 34 MOTION to Amend/Correct 16 Amended Complaint, 26 MOTION for Judgment on the Pleadings, and 30 MOTION to Dismiss. Disposition: Motions taken under advisement. (Court Reporter: Rene Twedt) (SPin)	Jan. 5, 2017	Jan. 5, 2017 PACER
47	ORDER AMENDING SCHEDULING ORDER DATES: Dispositive Motion Cut-off set for 4/17/2017; Final Pretrial Conference set for 9/5/2017 at 3:30 PM; Bench Trial set for 9/19/2017 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (SPin) (Entered: 03/09/2017)	March 8, 2017	March 8, 2017 PACER
48	MOTION for Summary Judgment by Washtenaw County Road Commission. (Attachments: # 1 Document Continuation Brief in Support of Motion, # 2 Exhibit Exhibits 1-12, # 3 Exhibit Exhibits 13-19, # 4 Exhibit Exhibits 20-22) (Derderian, Thomas) (Entered: 04/17/2017)	April 17, 2017	April 17, 2017 PACER
49	MOTION for Partial Summary Judgment by Chelsea, City of. (Attachments: # 1 Exhibit Washtenaw County Road Commission contract, # 2 Exhibit Excerpts, Deposition of Christine Linfield, # 3 Exhibit Excerpts, Deposition of Mark McCullough) (Flintoft, Peter) (Entered: 04/17/2017)	April 17, 2017	April 17, 2017 PACER
50	MOTION for Summary Judgment by Michigan Department of Transportation. (Attachments: # 1 Document Continuation Brief in Support, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11) (Tuttle, John) (Entered: 04/17/2017)	April 17, 2017	April 17, 2017 PACER
51	MOTION for Extension of Time to File Response/Reply as to 47 Scheduling Order, 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, 48 MOTION for Summary Judgment, MOTION TO EXTEND or Vacate Dispositive Motion Deadline by All Plaintiffs. (Finnegan, John) (Entered: 04/19/2017)	April 19, 2017	April 19, 2017 PACER
52	EXHIBIT 1 Email Chain Showing Lack of Objection re 51 MOTION for Extension of Time to File Response/Reply as to 47 Scheduling Order, 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, 48 MOTION for Summary Judgment MOTION TO EXTEND or Vacate Dispositive Motion Deadline by All Plaintiffs (Finnegan, John) (Entered: 04/19/2017)	April 19, 2017	April 19, 2017 PACER
53	EXHIBIT 1 Email Chain Showing Lack of Objection re 51 MOTION for Extension of Time to File Response/Reply as to 47 Scheduling Order, 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, 48 MOTION for Summary Judgment MOTION TO EXTEND or Vacate Dispositive Motion Deadline by All Plaintiffs (Finnegan, John) (Entered: 04/19/2017)	April 19, 2017	April 19, 2017 PACER
54	NOTICE OF HEARING on 51 MOTION for Extension of Scheduling Order: Motion Hearing set for 5/30/2017 at 4:00 PM before District Judge David M. Lawson; 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, and 48 MOTION for Summary Judgment: Motion Hearing set for 5/30/2017 at 4:00 PM before District Judge David M. Lawson. (SPin) (Entered: 04/21/2017)	April 21, 2017	April 21, 2017 PACER
55	NOTICE OF HEARING on 51 MOTION for Extension as to 47 Scheduling Order. Motion Hearing set for 5/30/2017 at 4:00 PM before District Judge David M. Lawson. (SPin) (Entered: 04/21/2017)	April 21, 2017	April 21, 2017 PACER
56	NOTICE OF HEARING on 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, and 48 MOTION for Summary Judgment. Motion Hearing set for 8/31/2017 at 3:00 PM before District Judge David M. Lawson. (SPin) (Entered: 04/21/2017)	April 21, 2017	April 21, 2017 PACER
57	RESPONSE to 51 MOTION for Extension of Time to File Response/Reply as to 47 Scheduling Order, 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, 48 MOTION for Summary Judgment MOTION TO EXTEND or Vacate Dispositive Motion Deadline filed by Michigan Department of Transportation. (Tuttle, John) (Entered: 05/03/2017)	May 3, 2017	May 3, 2017 PACER
58	RESPONSE to 51 MOTION for Extension of Time to File Response/Reply as to 47 Scheduling Order, 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, 48 MOTION for Summary Judgment MOTION TO EXTEND or Vacate Dispositive Motion Deadline filed by Washtenaw County Road Commission. (Attachments: # 1 Exhibit) (Derderian, Thomas) (Entered: 05/03/2017)	May 3, 2017	May 3, 2017 PACER
59	RESPONSE to 48 MOTION for Summary Judgment with Brief and Certificate of service filed by Chelsea, City of. (Attachments: # 1 Exhibit Depostion of Lee Benton, excerpts, # 2 Exhibit Deposition of Marijane Nelson, # 3 Exhibit Contract #07-7435, # 4 Exhibit Deposition of Christine Linfield, excerpts, # 5 Exhibit Work Order Project #126196, # 6 Exhibit Deposition of Mark McCullough, excerpts, # 7 Exhibit Affidavit of Christine Linfield, # 8 Exhibit Affidavit of Derik Bollinger, Part I - attached photos, # 9 Document Continuation Affidavit of Derik Bollinger, Part II - attached photos, # 10 Exhibit Traffic Control Device Agreements, # 11 Exhibit C. Linfield letter) (Flintoft, Peter) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
60	RESPONSE to 49 MOTION for Partial Summary Judgment filed by Washtenaw County Road Commission. (Attachments: # 1 Document Continuation Brief, # 2 Exhibit Exhibits 1 - 9) (Derderian, Thomas) (Entered: 05/08/2017)	May 8, 2017	May 8, 2017 PACER
61	REPLY to Response re 51 MOTION for Extension of Time to File Response/Reply as to 47 Scheduling Order, 50 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment, 48 MOTION for Summary Judgment MOTION TO EXTEND or Vacate Dispositive Motion Deadline filed by All Plaintiffs. (Finnegan, John) (Entered: 05/15/2017)	May 15, 2017	May 15, 2017 PACER
62	OPINION AND ORDER Denying 26 Motion for Judgment and 30 Motion to Dismiss, and Granting 34 and 36 Motion to Amend the Complaint and 31 Joint Motion to Approve Consent Decree. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/16/2017)	May 16, 2017	May 16, 2017 Clearinghouse
63	CORRECTED OPINION and 62 Order Denying Motions for Judgment on the Pleadings, and Granting Plaintiffs' Motion to Amend the Complaint and Joint Motion to Approve the Consent Decree. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/19/2017)	May 19, 2017	May 19, 2017 Clearinghouse
64	REPLY to Response re 48 MOTION for Summary Judgment filed by Washtenaw County Road Commission. (Derderian, Thomas) (Entered: 05/22/2017)	May 22, 2017	May 22, 2017 PACER
65	AMENDED COMPLAINT Adding WCRC as a Party Defendant filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Finnegan, John) (Entered: 05/22/2017)	May 22, 2017	May 22, 2017 Clearinghouse
66	MOTION To Amend Response and File Brief re 59 Response to Motion,, for Summary Judgment by Washtenaw County Road Commission by Chelsea, City of. (Attachments: # 1 Document Continuation City of Chelsea Response and Brief to Washtenaw Co Rd Comm Motion for Summary Judgment, # 2 Exhibit Ex 1 - Deposition of Lee Benton, excerpts, # 3 Exhibit Ex 2 - Depostion of Marijane Nelson, excerpts, # 4 Exhibit Ex 3 - Contract #07-7435, # 5 Exhibit Ex 4 - Deposition of C. Linfield, excerpts, # 6 Exhibit Ex 5 - Work Order, # 7 Exhibit Ex 6 - Depostion of mark mcCullough, excerpts, # 8 Exhibit Ex 7 - Affidavit of C. Linfield, excerpts, # 9 Exhibit Ex 8 - Affidavit of Derik Bollinger & photos - part I, # 10 Exhibit Ex 8 - Affidavit of Derik Bollinger & photos - part II, # 11 Exhibit Ex 9 - Traffic Control Device Agreement, # 12 Exhibit Ex 10 - C. Linfield letter) (Flintoft, Peter) (Entered: 05/26/2017)	May 26, 2017	May 26, 2017 PACER
	Minute Entry for proceedings before District Judge David M. Lawson: Status Conference held on 5/30/2017. (SPin)	May 30, 2017	May 30, 2017 PACER
68	ORDER AMENDING SCHEDULING ORDER AND SETTING BRIEFING SCHEDULE. Signed by District Judge David M. Lawson. (SPin) (Entered: 06/01/2017)	May 31, 2017	May 31, 2017 PACER
67	Witness and Exhibit List WITNESS LIST by Chelsea, City of (Flintoft, Peter) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
	TEXT-ONLY NOTICE: Hearings on 9/5/2017 and 9/19/2017 are Cancelled. (SPin)	June 1, 2017	June 1, 2017 PACER
69	NOTICE by All Plaintiffs of Fed.R. Civ. P. 26(a)(3) Disclosures (Finnegan, John) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
70	ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Washtenaw County Road Commission. (Derderian, Thomas) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 PACER
71	MOTION for Summary Judgment by Washtenaw County Road Commission. (Derderian, Thomas) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 PACER
72	ANSWER to Amended Complaint with Affirmative Defenses by Michigan Department of Transportation. (Tuttle, John) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 PACER
73	ANSWER Defendant City of Chelsea's Answer to Plaintiff's Second Amended Complaint by Chelsea Downtown Development Authority, Chelsea, City of. (Flintoft, Peter) (Entered: 06/05/2017)	June 5, 2017	June 5, 2017 PACER
74	REPLY to Response re 48 MOTION for Summary Judgment Amended Reply Brief filed by Washtenaw County Road Commission. (Attachments: # 1 Exhibit) (Derderian, Thomas) (Entered: 06/08/2017)	June 8, 2017	June 8, 2017 PACER
75	SUPPLEMENTAL BRIEF re 50 MOTION for Summary Judgment filed by Michigan Department of Transportation. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F) (Tuttle, John) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
76	NOTICE by Michigan Department of Transportation re 75 Supplemental Brief, Notice of Constitutional Question (Tuttle, John) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
77	[STRICKEN] RESPONSE to 50 MOTION for Summary Judgment All Plaintiffs by MDOT filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Fact Set 1, # 3 Exhibit Facts Set 2, # 4 Exhibit Facts Set 3A, # 5 Exhibit Facts Set 3B, # 6 Exhibit Facts Set 4, # 7 Exhibit Facts Set 5, # 8 Exhibit Facts Set 6, # 9 Exhibit Facts Set 7, # 10 Document Continuation, # 11 Document Continuation, # 12 Document Continuation, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit) (Finnegan, John) Modified on 7/7/2017 (SSch). (Entered: 06/20/2017)	June 20, 2017	June 20, 2017 PACER
78	RESPONSE to 50 MOTION for Summary Judgment by MDOT filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Facts Set 1, # 3 Exhibit Facts Set 2, # 4 Exhibit Facts Set 3, # 5 Document Continuation Facts Set 3, # 6 Exhibit Facts Set 4, # 7 Exhibit Facts Set 5, # 8 Exhibit Facts Set 6, # 9 Exhibit Facts Set 7, # 10 Document Continuation Facts Set 7, # 11 Document Continuation Facts Set 7, # 12 Document Continuation Facts Set 7, # 13 Exhibit Facts Set 8, # 14 Exhibit Declaration Mote, # 15 Exhibit Declaration Clark, # 16 Exhibit Declaration Baraniak, # 17 Exhibit Declaration Street Karen, # 18 Exhibit Declaration Street Merlyn, # 19 Exhibit Declaration Kundak, # 20 Exhibit Declaration Nelson, # 21 Exhibit Declaration Benton, # 22 Exhibit Declaration Ladio, # 23 Exhibit Declaration Grawli) (Finnegan, John) (Entered: 06/20/2017)	June 20, 2017	June 20, 2017 PACER
79	RESPONSE to 48 MOTION for Summary Judgment by WCRC filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Facts Set 1, # 3 Exhibit Facts Set 2, # 4 Exhibit Facts Set 4, # 5 Exhibit Facts Set 5, # 6 Exhibit Declaration Mote, # 7 Exhibit Declaration Clark, # 8 Exhibit Declaration Baraniak, # 9 Exhibit Declaration Street Karen, # 10 Exhibit Declaration Street Merlyn, # 11 Exhibit Declaration Kundak, # 12 Exhibit Declaration Nelson, # 13 Exhibit Declaration Benton, # 14 Exhibit Declaration Ladio, # 15 Exhibit Declaration Grawi, # 16 Exhibit Facts Set 3, # 17 Document Continuation Facts Set 3) (Finnegan, John) (Entered: 06/20/2017)	June 20, 2017	June 20, 2017 PACER
80	Pretrial Disclosure of Witnesses and Exhibits WITNESS LIST by Washtenaw County Road Commission (Derderian, Thomas) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017 PACER
81	Pretrial Disclosure of Witnesses and Exhibits WITNESS LIST by Michigan Department of Transportation (Tuttle, John) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017 PACER
82	REPLY to Response re 71 MOTION for Summary Judgment Amended Reply to All Plaintiffs' Response filed by Washtenaw County Road Commission. (Derderian, Thomas) (Entered: 07/03/2017)	July 3, 2017	July 3, 2017 PACER
83	REPLY to Response re 50 MOTION for Summary Judgment filed by Michigan Department of Transportation. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Exh A MDOT Contract 07-5435, # 3 Exhibit Exh B Chelsea Ordinances, # 4 Exhibit Exh C Chelsea's Answers to MDOT Req for Admissions, # 5 Exhibit Exh D Mark Sweeney Dep Excerpts, # 6 Exhibit Exh E MDOT Contract 15-5409, # 7 Exhibit Exh F Everybody Counts v Ind. Reg'l Planning, # 8 Exhibit Exh G Carlos Libiran Affidavit) (Dittenber, Michael) (Entered: 07/03/2017)	July 3, 2017	July 3, 2017 PACER
84	STIPULATION by all Parties to Strike DKT 77 by All Plaintiffs (Finnegan, John) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
85	ORDER to Strike 77 Response to Motion,, filed by Lee Benton, Carlos Gray-Lion, Jennifer Kundak, JN, Merlyn Street, Ann Arbor Center for Independent Living, Inc., Mary Jane Nelson, Karen Street, Shauna M Mote, Brenda Baraniak, Daniel Nelson, Deborah Clark. Signed by District Judge David M. Lawson. (SSch) (Entered: 07/07/2017)	July 6, 2017	July 6, 2017 PACER
86	NOTICE of Appearance by Denise M. Heberle on behalf of All Plaintiffs. (Heberle, Denise) (Entered: 07/13/2017)	July 13, 2017	July 13, 2017 PACER
87	FIRST CONSENT DECREE. Signed by District Judge David M. Lawson. (SPin) (Entered: 08/04/2017)	Aug. 4, 2017	Aug. 4, 2017 Clearinghouse

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Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Public Accommodations/Contracting

Public Benefits/Government Services

Key Dates

Filing Date: April 28, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nine individuals with mobility impairments on behalf of themselves and others similarly situated and the Ann Arbor Center for Independent Living, Inc.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

City of Chelsea (Chelsea, Washtenaw), City

Chelsea Downtown Development Authority (Chelsea, Washtenaw), City

Michigan Department of Transportation (Lansing, Ingham), State

Washtenaw County Road Commission (Ann Arbor, Washtenaw), County