Case: Disability Rights New York v. City of New York

1:22-cv-04493 | U.S. District Court for the Southern District of New York

Filed Date: June 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about challenging the inaccessibility of sidewalks in the East Mount Eden neighborhood of the Bronx, New York. On June 1, 2022, Disability Rights New York, alongside two plaintiffs representing a class of similarly affected individuals (all people with mobility and vision disabilities who use or will use sidewalks and pedestrian street crossings in the East Mount Eden neighborhood), filed this lawsuit in the United States District Court for the Southern District of New York. The …

This is a case about challenging the inaccessibility of sidewalks in the East Mount Eden neighborhood of the Bronx, New York. On June 1, 2022, Disability Rights New York, alongside two plaintiffs representing a class of similarly affected individuals (all people with mobility and vision disabilities who use or will use sidewalks and pedestrian street crossings in the East Mount Eden neighborhood), filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the City of New York, the New York City Police Department, the New York City Department of Transportation, and specific city officials under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law (NYCHRL). Represented by attorneys from Disability Rights New York, the plaintiffs sought declaratory and injunctive relief, as well as monetary damages for the named plaintiffs. They claimed that the defendants had failed to maintain pedestrian pathways in the East Mount Eden neighborhood that are accessible to individuals with mobility and vision disabilities, thereby discriminating against them.

The plaintiffs outlined the geographical scope of their claim to include the area around Claremont Park and the BronxCare Health Services Hospital in the East Mount Eden neighborhood, bordered by Jerome Avenue, Clay Avenue, 170th Street, and 174th Street. The lawsuit accused the defendants of neglecting to provide accessible pedestrian pathways, resulting in violations of the ADA, Section 504, and the NYCHRL. The inaccessibility issues highlighted included parked vehicles blocking curb cuts and intersections, barriers on sidewalks such as trash cans, debris, cracks, and potholes, and a general failure to enforce parking regulations that ensure clear pathways for people with disabilities.

The two plaintiffs, one who uses a wheelchair due to cerebral palsy and the other who has a visual disability caused by keratoconus, shared their personal experiences to illustrate the impact of these barriers. They reported physical and mental harm due to the inaccessibility of their neighborhood, including being unable to navigate sidewalks, cross streets, access public transportation, and participate fully in their community. The lawsuit detailed how the named plaintiffs and others with similar disabilities are deprived of their rights to access public spaces and services, causing significant distress and isolation.

The lawsuit also chronicled the plaintiffs' unsuccessful attempts to resolve these issues through city channels. Despite numerous complaints to city agencies, meetings with hospital officials, and outreach to local elected representatives, the conditions remained unchanged. The plaintiffs emphasized the city's lack of concrete action to address the reported barriers, including the failure of the NYPD to enforce parking regulations effectively and the Department of Transportation's neglect in maintaining accessible pedestrian infrastructure.

In seeking legal redress, the plaintiffs requested the court to order the city to make immediate and long-term changes to ensure the accessibility of pedestrian pathways in the East Mount Eden neighborhood. They asked for the removal of obstacles and vehicles that block access, the repair of damaged sidewalks and curb cuts, and the implementation of policies to prevent future discrimination against individuals with disabilities. Additionally, they sought compensatory and punitive damages for the named plaintiffs, as well as coverage of legal fees and costs.

The lawsuit is ongoing.

Summary Authors

Carlos Larrauri (3/31/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63352125/parties/disability-rights-new-york-v-city-of-new-york/


Judge(s)
Attorney for Plaintiff

Asbee, Christina N. (New York)

Attorney for Defendant

Hudson, Jesse Edward (New York)

Hui, Jacqueline (New York)

Lulich, Aimee Kara (New York)

Expert/Monitor/Master/Other

Bannon, Zachary (New York)

show all people

Documents in the Clearinghouse

Document
1

1:22-cv-04493

Class Action Complaint and Demand for Jury Trial

June 1, 2022

June 1, 2022

Complaint
38

1:22-cv-04493

Order

June 9, 2022

June 9, 2022

Order/Opinion
58

1:22-cv-04493

Opinion & Order

Sept. 28, 2023

Sept. 28, 2023

Order/Opinion

2023 WL 6308574

68

1:22-cv-04493

Mediation Referral Order

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion
67

1:22-cv-04493

Order

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63352125/disability-rights-new-york-v-city-of-new-york/

Last updated Sept. 4, 2025, 11:56 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Eric Adams, City of New York, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, Keechan L. Sewell. (Filing Fee $ 402.00, Receipt Number ANYSDC-26219844)Document filed by Stephanie Diaz, Carlos Leon, Disability Rights New York.(Asbee, Christina) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

RECAP
2

FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
3

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint,. Document filed by Disability Rights New York, Carlos Leon, Stephanie Diaz .(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
4

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to New York City Department of Transportation, re: 1 Complaint,. Document filed by Carlos Leon, Stephanie Diaz.(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
5

FILING ERROR - DEFICIENT- SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to New York City Police Department, re: 1 Complaint,. Document filed by Disability Rights New York, Carlos Leon, Stephanie Diaz.(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
6

FILING ERROR - DEFICIENT- SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Hon. Eric Adams, re: 1 Complaint,. Document filed by Carlos Leon, Stephanie Diaz .(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
7

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to NYC DOT Commissioner Ydanis Rodriguez, re: 1 Complaint. Document filed by Disability Rights New York, Carlos Leon, Stephanie Diaz .(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
8

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Commissioner Keechant Sewell, re: 1 Complaint,. Document filed by Disability Rights New York, Carlos Leon, Stephanie Diaz .(Asbee, Christina) Modified on 6/2/2022 (vf). (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK, re: 1 Complaint,. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY POLICE DEPARTMENT, re: 1 Complaint,. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY DEPARTMENT OF TRANSPORTATION, re: 1 Complaint,. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
13

REQUEST FOR ISSUANCE OF SUMMONS as to ERIC ADAMS, in his official capacity as Mayor of the City of New York, re: 1 Complaint,. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS as to KEECHANT L. SEWELL, in her official capacity as Commissioner of the New York Police Department, re: 1 Complaint,. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
15

REQUEST FOR ISSUANCE OF SUMMONS as to YDANIS RODRIGUEZ, in his official capacity as Commissioner of the New York City Department of Transportation, re: 1 Complaint,. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
16

EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon. (Attachments: # 1 Supplement TRO/PI Memorandum of Law, # 2 Affidavit of Christina Asbee, # 3 Text of Proposed Order OSC).(Asbee, Christina) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
17

AFFIDAVIT of Carlos Leon in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon. (Attachments: # 1 Affidavit of Carlos Leon).(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
18

DECLARATION of Stephanie Diaz in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
19

AFFIRMATION of Helen Hellmuth in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
20

ELECTRONIC SUMMONS ISSUED as to The City of New York. (vf) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
21

ELECTRONIC SUMMONS ISSUED as to New York City Police Department. (vf) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
22

ELECTRONIC SUMMONS ISSUED as to New York City Department of Transportation. (vf) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
23

ELECTRONIC SUMMONS ISSUED as to Eric Adams. (vf) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
24

ELECTRONIC SUMMONS ISSUED as to Keechant L. Sewell. (vf) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
25

ELECTRONIC SUMMONS ISSUED as to Ydanis Rodriguez. (vf) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
26

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED that the above named Defendants show cause before a motion term of this Court, at Room 619, United States Courthouse, 40 Centre Street, in the City, County and State of New York, on Thursday June 9, at 11:30 o'clock in the morning or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure. ORDERED that personal service of a copy of this order and annexed affidavit upon the Defendants or their Counsel, in person at the following addresses on or before 5 o'clock in the afternoon, on June 3, 2022. ORDERED that defendants may file opposing papers by Tuesday, June 7, 2022, by 5:00pm. ORDERED that reply papers may be filed by Wednesday, June 8, 2022, by 5:00pm. Show Cause Hearing set for 6/9/2022 at 11:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 6/02/2022) (ama) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
9

CIVIL COVER SHEET filed..(Asbee, Christina) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christina N. Asbee. The party information for the following party/parties has been modified: CITY OF NEW YORK, Ydanis Rodriguez, Keechant Sewell, Eric Adams, Diaz Stephanie, Carlos Leon. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; party name entered incorrectly. (vf)

June 2, 2022

June 2, 2022

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Christina N. Asbee to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Civil Cover Sheet is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)

June 2, 2022

June 2, 2022

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

June 2, 2022

June 2, 2022

PACER

Case Designation

June 2, 2022

June 2, 2022

PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

June 2, 2022

June 2, 2022

PACER

Case Designated ECF

June 2, 2022

June 2, 2022

PACER

Case Designated ECF. (vf)

June 2, 2022

June 2, 2022

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christina N. Asbee to RE-FILE Document No. 7 Request for Issuance of Summons, 5 Request for Issuance of Amended Summons, 8 Request for Issuance of Summons, 3 Request for Issuance of Summons, 6 Request for Issuance of Amended Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; and Defendant party name errors. Defendant party name listed on Summons and Summons Caption does not correspond to exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

June 2, 2022

June 2, 2022

PACER

Notice to Attorney Regarding Party Modification

June 2, 2022

June 2, 2022

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

June 2, 2022

June 2, 2022

PACER

Case Opening Initial Assignment Notice

June 2, 2022

June 2, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
27

NOTICE OF APPEARANCE by Emma Noftz Stern on behalf of Disability Rights New York..(Stern, Emma) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
28

LETTER addressed to Judge Edgardo Ramos from Christina Asbee dated June 3, 2022 re: Completed Service of Process. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
29

AFFIDAVIT OF SERVICE. New York City Department of Transportation served on 6/3/2022, answer due 6/24/2022; Ydanis Rodriguez served on 6/3/2022, answer due 6/24/2022. Service was accepted by Aida C., Title unknown. Document filed by Stephanie Diaz; Carlos Leon; Disability Rights New York..(Asbee, Christina) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
30

AFFIDAVIT OF SERVICE. Keechant L. Sewell served on 6/3/2022, answer due 6/24/2022; New York City Police Department served on 6/3/2022, answer due 6/24/2022. Service was accepted by Georgia Bono, Title unknown. Document filed by Stephanie Diaz; Carlos Leon; Disability Rights New York..(Asbee, Christina) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
31

AFFIDAVIT OF SERVICE. Eric Adams served on 6/3/2022, answer due 6/24/2022; The City of New York served on 6/3/2022, answer due 6/24/2022. Service was accepted by ServiceECF@law.nyc.gov. Document filed by Stephanie Diaz; Carlos Leon; Disability Rights New York..(Asbee, Christina) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
32

DECLARATION of City Defendants Memo of Law in Opposition to Motion for TRO/PI in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Goldberg-Cahn, Michelle) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
33

DECLARATION of DOT Deputy Commissioner Joshua Benson in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. (Attachments: # 1 Exhibit Ex A Sample COVID 19 Permit, # 2 Exhibit Ex B COVID Parking Rules, # 3 Exhibit Ex C Emails to Agencies Re Parking).(Goldberg-Cahn, Michelle) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
34

DECLARATION of NYPD Joseph Robinson in Opposition re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. (Attachments: # 1 Exhibit Ex A Crime Statistics, # 2 Exhibit Ex B Summons Data, # 3 Exhibit Ex C NYPD Map).(Goldberg-Cahn, Michelle) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
35

NOTICE OF APPEARANCE by Jacqueline Hui on behalf of Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hui, Jacqueline) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
36

REPLY MEMORANDUM OF LAW in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION. . Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon..(Asbee, Christina) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
37

REPLY AFFIDAVIT of Stephanie Diaz in Support re: 16 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION.. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon. (Attachments: # 1 Exhibit 311 Report, # 2 Exhibit Photos May 2022 to Present).(Asbee, Christina) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
38

ORDER: denying 16 Motion for TRO. For the reasons set forth on the record at today's hearing, plaintiffs' request for a preliminary injunction is denied. The Clerk of Court is respectfully directed to terminate the motion, Doc. 16. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 6/09/2022) (ama)

June 9, 2022

June 9, 2022

Clearinghouse

Show Cause Hearing

June 9, 2022

June 9, 2022

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 6/9/2022. Plaintiffs' and Defendants' counsel present. For the reasons stated on the record, Plaintiffs' application for a temporary restraining order and preliminary injunction is denied. City's answer is due July 9, 2022. (jar)

June 9, 2022

June 9, 2022

PACER

~Util - Set Deadlines AND Show Cause Hearing

June 9, 2022

June 9, 2022

PACER
39

TRANSCRIPT of Proceedings re: CONFERENCE held on 6/9/2022 before Judge Edgardo Ramos. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2022. Redacted Transcript Deadline set for 7/29/2022. Release of Transcript Restriction set for 9/26/2022..(McGuirk, Kelly) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/9/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
41

ANSWER to 1 Complaint,. Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hui, Jacqueline) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
42

NOTICE OF INITIAL COURT CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on August 19, 2022 at 9:30 a.m. The conference will be held remotely by telephone. The parties are instructed to call the Court at (877) 411-9748 and use access code 3029857#. PLAINTIFF, OR COUNSEL FOR PLAINTIFF(S) SHALL NOTIFY ALL PARTIES IN WRITING AND PROVIDE ALL PARTIES WITH A COPY OF THIS NOTICE ANDTHE ATTACHED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER, UNLESS THE CASE HAS BEEN REMOVED FROM STATE COURT, IN WHICH EVENT COUNSEL FOR THE REMOVING DEFENDANT(S) SHALL PROVIDE SUCH NOTICE TO ALL PARTIES.Telephonic Initial Conference set for 8/19/2022 at 09:30 AM before Judge Edgardo Ramos..(ama) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
43

FIRST LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Jacqueline Hui dated August 12, 2022. Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. Return Date set for 8/19/2022 at 09:30 AM..(Hui, Jacqueline) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
44

ORDER granting 43 Letter Motion for Conference. The August 19 conference is converted to a pre-motion conference and rescheduled for August 25, 2022 at 11 a.m. Plaintiff is directed to respond by August 19, 2022. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER

Order on Motion for Conference

Aug. 16, 2022

Aug. 16, 2022

PACER
45

LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Christina Asbee dated August 19, 2022 re: 43 FIRST LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Jacqueline Hui dated August 12, 2022. . Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon. (Attachments: # 1 Exhibit Photos of Vehicles in Crosswalks July 1-Aug 18, 2022).(Asbee, Christina) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER

Pre-Motion Conference

Aug. 25, 2022

Aug. 25, 2022

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 8/25/2022 by telephone. Plaintiffs; and Defendants' counsel present. Defendants are granted leave to file a motion for judgment on the pleadings with the following briefing schedule: moving papers due September 15, 2022; response due October 6, 2022; and reply due October 13, 2022. Discovery is stayed pending the resolution of the motion. (jar)

Aug. 25, 2022

Aug. 25, 2022

PACER

~Util - Set Deadlines AND Pre-Motion Conference

Aug. 25, 2022

Aug. 25, 2022

PACER
46

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#49) FIRST MOTION for Judgment on the Pleadings . Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. Responses due by 10/6/2022.(Hui, Jacqueline) Modified on 9/16/2022 (lb). (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
47

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#50) DECLARATION of Jacqueline Hui in Support re: 46 FIRST MOTION for Judgment on the Pleadings .. Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - Answer, # 3 Exhibit C - Sample COVID-19 Permit, # 4 Exhibit D - COVID-19 Parking Privileges, # 5 Exhibit E - Parking Permit Info, # 6 Exhibit F - Healthcare Parking Permit Termination Flyer, # 7 Exhibit G - EPVA Complaint 01261994, # 8 Exhibit H - EPVA Stip of Settlement 09102002, # 9 Exhibit I - CIDNY Complaint 07302014, # 10 Exhibit J - EPVA/CIDNY Settlement Agreement 03192019, # 11 Exhibit K - EPVA/CIDNY Settlement Order 07232019, # 12 Exhibit L - EPVA/CIDNY Order Appointing Monitor 07052020, # 13 Exhibit M - EPVA/CIDNY Order of Appointment of Monitor 02032022).(Hui, Jacqueline) Modified on 9/16/2022 (lb). (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
48

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#51) MEMORANDUM OF LAW in Support re: 46 FIRST MOTION for Judgment on the Pleadings . . Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hui, Jacqueline) Modified on 9/16/2022 (lb). (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

RECAP
49

FIRST MOTION for Judgment on the Pleadings . Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. Responses due by 10/6/2022.(Hui, Jacqueline) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
50

DECLARATION of Jacqueline Hui in Support re: 49 FIRST MOTION for Judgment on the Pleadings .. Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York. (Attachments: # 1 Exhibit A - Complaint, # 2 Exhibit B - Answer, # 3 Exhibit C - Sample COVID-19 Permit, # 4 Exhibit D - COVID-19 Parking Privileges, # 5 Exhibit E - Parking Permit Info, # 6 Exhibit F - Healthcare Parking Permit Termination Flyer, # 7 Exhibit G - EPVA Complaint 01261994, # 8 Exhibit H - EPVA Stip of Settlement 09102002, # 9 Exhibit I - CIDNY Complaint 07302014, # 10 Exhibit J - EPVA/CIDNY Settlement Agreement 03192019, # 11 Exhibit K - EPVA/CIDNY Settlement Order 07232019, # 12 Exhibit L - EPVA/CIDNY Order Appointing Monitor 07052020, # 13 Exhibit M - EPVA/CIDNY Order of Appointment of Monitor 02032022).(Hui, Jacqueline) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
51

MEMORANDUM OF LAW in Support re: 49 FIRST MOTION for Judgment on the Pleadings . . Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hui, Jacqueline) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

RECAP
52

NOTICE OF APPEARANCE by Zachary Bannon on behalf of United States of America..(Bannon, Zachary) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
53

RESPONSE to Motion re: 49 FIRST MOTION for Judgment on the Pleadings . Statement of Interest of the United States of America pursuant to 28 U.S.C. § 517. Document filed by United States of America..(Bannon, Zachary) (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER
54

MEMORANDUM OF LAW in Opposition re: 49 FIRST MOTION for Judgment on the Pleadings . . Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon. (Attachments: # 1 Affidavit of Christina Asbee with Exhibits, # 2 Affidavit of Helen Hellmuth with Exhibits, # 3 Affidavit of Leticia Fiscian with Exhibits, # 4 Affidavit of Stephanie Diaz with Exhibits, # 5 Affidavit of Carlos Leon with Exhibits).(Stern, Emma) (Entered: 10/06/2022)

1 Affidavit of Christina Asbee with Exhibits

View on PACER

2 Affidavit of Helen Hellmuth with Exhibits

View on PACER

3 Affidavit of Leticia Fiscian with Exhibits

View on PACER

4 Affidavit of Stephanie Diaz with Exhibits

View on RECAP

5 Affidavit of Carlos Leon with Exhibits

View on PACER

Oct. 6, 2022

Oct. 6, 2022

PACER
55

REPLY MEMORANDUM OF LAW in Support re: 49 FIRST MOTION for Judgment on the Pleadings . . Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hui, Jacqueline) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
56

MOTION for Emma Noftz Stern to Withdraw as Attorney . Document filed by Disability Rights New York..(Stern, Emma) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

RECAP
57

ORDER granting 56 Motion to Withdraw as Attorney. Attorney Emma Noftz Stern terminated. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
58

OPINION AND ORDER re: 49 FIRST MOTION for Judgment on the Pleadings . filed by Eric Adams, New York City Department of Transportation, Keechant L. Sewell, New York City Police Department, The City of New York, Ydanis Rodriguez . For the foregoing reasons, Defendants' motion is DENIED. Additionally, the Court lifts the prior stay on discovery. The parties are directed to appear for a telephonic conference on November 1, 2023 at 11:30 AM. they are directed to call (87 7) 411-9748 at that time and enter access code 3029857#. The Clerk of Court is respectfully directed to terminate the motion, Doc. 49. It is SO ORDERED. (Telephone Conference set for 11/1/2023 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/28/2023) (jca)

Sept. 28, 2023

Sept. 28, 2023

Clearinghouse
59

NOTICE OF APPEARANCE by Jesse Edward Hudson, III on behalf of Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hudson, Jesse) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
60

NOTICE of Substitution of Attorney. Old Attorney: JACQUELINE HUI, New Attorney: JESSE E. HUDSON, Address: New York City Law Department, 100 Church Street, New York, NY, United States 10007, 2123562172. Document filed by Eric Adams, Keechant L. Sewell, New York City Department of Transportation, New York City Police Department, Ydanis Rodriguez, The City of New York..(Hudson, Jesse) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only..(kgo)

Oct. 4, 2023

Oct. 4, 2023

PACER
61

NOTICE OF APPEARANCE by Aimee Kara Lulich on behalf of Eric Adams, Keechant L. Sewell, Ydanis Rodriguez, The City of New York..(Lulich, Aimee) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
62

NOTICE OF APPEARANCE by Jessica Alison Scholes on behalf of Stephanie Diaz, Disability Rights New York, Carlos Leon..(Scholes, Jessica) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

PACER
63

PROPOSED CASE MANAGEMENT PLAN. Document filed by Stephanie Diaz, Disability Rights New York, Carlos Leon. (Attachments: # 1 Proposed Order for a Case Management Plan).(Asbee, Christina) (Entered: 10/31/2023)

1 Proposed Order for a Case Management Plan

View on PACER

Oct. 31, 2023

Oct. 31, 2023

PACER
64

MEMO ENDORSEMENT on re: 60 Notice of Substitution of Attorney, filed by Eric Adams, New York City Department of Transportation, Keechant L. Sewell, New York City Police Department, The City of New York, Ydanis Rodriguez ENDORSEMENT The Clerk of the Court is respectfully directed to terminate Jacqueline Hui as counsel of record for the defendants. SO ORDERED. Attorney Jacqueline Hui terminated. (Signed by Judge Edgardo Ramos on 11/1/2023) (jca) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

PACER
65

CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. Amended Pleadings due by 6/30/2024. Joinder of Parties due by 4/15/2024. Deposition due by 5/1/2024. All Discovery due by 5/1/2024. Non-expert depositions shall be completed by 3/01/2024. The Magistrate Judge assigned to this case is the Hon. Gary Stein. The next Case Management Conference set for 5/8/2024 at 11:30 AM before Judge Edgardo Ramos. and as set forth herein. SO ORDERED. (Signed by Judge Edgardo Ramos on 11/01/2023) (ama) (Entered: 11/01/2023)

Nov. 1, 2023

Nov. 1, 2023

RECAP

Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 11/1/2023. Plaintiffs' and Defendants' counsel present. Case management plan signed. A case management conference is scheduled for May 8, 2024, at 11:30 a.m. (jar)

Nov. 1, 2023

Nov. 1, 2023

PACER

Telephone Conference

Dec. 7, 2023

Dec. 7, 2023

PACER
66

JOINT LETTER MOTION to Stay pending mediation and requesting referral for mediation addressed to Judge Edgardo Ramos from Jesse E Hudson III dated January 19, 2024. Document filed by Eric Adams, Keechant L. Sewell, Ydanis Rodriguez, The City of New York..(Lulich, Aimee) (Entered: 01/19/2024)

Jan. 19, 2024

Jan. 19, 2024

PACER
67

ORDER granting 66 Letter Motion to Stay pending mediation and requesting referral for mediation addressed to Judge Edgardo Ramos from Jesse E Hudson III dated January 19, 2024. The Court will issue a mediation referral order and discovery is stayed while the parties engage in mediation. The parties are directed to provide an update at the conclusion of mediation. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/23/2024) (vfr) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

Clearinghouse
68

MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court- annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/6/2024. (Signed by Judge Edgardo Ramos on 1/23/2024) (vfr) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

Clearinghouse

Notice of Mediator Assignment

Feb. 1, 2024

Feb. 1, 2024

PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/4/2024.(sge)

Feb. 1, 2024

Feb. 1, 2024

PACER

Mediation Conference

April 17, 2024

April 17, 2024

PACER

Mediation Conference Scheduled

April 17, 2024

April 17, 2024

PACER
69

Conference

May 7, 2024

May 7, 2024

PACER

Order on Motion for Conference

May 7, 2024

May 7, 2024

PACER

Mediation Conference Scheduled

June 6, 2024

June 6, 2024

PACER

Mediation Conference

June 6, 2024

June 6, 2024

PACER

Case Management Conference

June 14, 2024

June 14, 2024

PACER

Mediation Conference

July 11, 2024

July 11, 2024

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 1, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Rights New York, alongside two plaintiffs representing a class of similarly affected individuals (all people with mobility and vision disabilities who use or will use sidewalks and pedestrian street crossings in the East Mount Eden neighborhood), challenging the inaccessibility of sidewalks in the Bronx, New York.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City of New York (New York), City

New York City Police Department (New York), City

New York City Department of Transportation (New York), City

Defendant Type(s):

Law-enforcement

Transportation

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General/Misc.:

Access to public accommodations - governmental

Barrier Removal

Pattern or Practice

Disability and Disability Rights:

Disability, unspecified

Mobility impairment

P&A Associational Standing

Reasonable Accommodations

Sidewalks

Visual impairment

Discrimination Area:

Disparate Impact

Discrimination Basis:

Disability (inc. reasonable accommodations)