Case: Reynoldson v. City of Seattle

2:15-cv-01608 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 8, 2015

Case Ongoing

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Case Summary

On October 8, 2015, Plaintiffs, a group of individuals with mobility disabilities filed this lawsuit, on behalf of themselves and a class, in the U.S. District Court for the Western District of Washington. Represented by Disability Rights Washington, Plaintiffs alleged that the City of Seattle unlawfully discriminated against those with mobility disabilities by failing to comply with state and federal regulations addressing accessibility for people with disabilities in its construction, and mai…

On October 8, 2015, Plaintiffs, a group of individuals with mobility disabilities filed this lawsuit, on behalf of themselves and a class, in the U.S. District Court for the Western District of Washington. Represented by Disability Rights Washington, Plaintiffs alleged that the City of Seattle unlawfully discriminated against those with mobility disabilities by failing to comply with state and federal regulations addressing accessibility for people with disabilities in its construction, and maintenance, of curb ramps, making a substantial portion of the city’s sidewalks and street crossings inaccessible for those who used mobility aids. The plaintiffs sued the City of Seattle under Section 504 of the Rehabilitation Act of 1973(“Section 504”); the Americans with Disabilities Act (“ADA”), and Wash. Rev. Code §49.60.010 (Washington Law Against Discrimination). Plaintiffs sought declaratory and injunctive relief, attorney fees and costs, and any other relief that the Court deemed just and proper. This case was assigned to Judge Marsha J. Pechman.  

 Plaintiffs argued that they, and those similarly situated to themselves, were being discriminated against by the City of Seattle due to the unlawful and hazardous conditions caused by the lack of meaningful access to accessible curb ramps for pedestrians.  Without these ramps, they argued, they were excluded from equal access to public life, and all the benefits of access to the goods, services, and activities that pedestrians without mobility challenges enjoy. Plaintiffs sought certification of their class as all persons with mobility disabilities who live, work or visit Seattle. 

Plaintiffs brought three claims. First, they argued, Seattle, a public entity violated the ADA, under which qualified individuals with disabilities may not be excluded from participation in or denied the benefits of a public entity (here pedestrian rights). Second, plaintiffs argued that Seattle had violated Section 504, which states that no otherwise qualified individual may be excluded from any program receiving federal financial assistance solely due to his or her disability. Additionally, recipients of federal financial assistance have been required to install ADAAG or UFAS compliant ramps at intersections of any newly constructed or altered rights of way any time after June 3, 1977 per Section 504. Finally, plaintiffs brought a third cause of action for violating the Washington Law Against Discrimination, a state law providing individuals the right to be free from discrimination in access to public accommodations, facilities or privileges of any place of public resort, including pedestrian rights. Plaintiffs' complaint suffered clear harm from not having access to such public accommodations, and dealt with hardships, difficulties, anxieties, and physical danger from the lack of access. 

Plaintiffs' requested relief included:

  • A declaratory judgment that the Defendant’s conduct violated the ADA, Section 504, and the Washington Law Against Discrimination, and their regulations.
  • A permanent injunction, enjoining the Defendant to at minimum (with the court monitoring):
    • Ensure the installation, repair and maintenance of curb ramps so that Seattle was entirely accessible to and useable by individuals with mobility disabilities;
    • Ensure fast solutions to fix past violations of the City’s obligations to alter curb ramps to meet new construction and design standards;
    • Ensure future compliance with the most stringent state and federal disability access design standards of all future construction and alterations to curb ramps;
    • Ensure that Seattle adopted and implemented methods, policies and practices to maintain accessible curb ramps; and
  • Attorney’s fees and costs. 

On May 2, 2016, the court granted the stipulated motion for class certification. The class was defined as any residents of and/or visitors to Seattle with a mobility disability who at any time prior to the action was denied full and equal access to pedestrian right of way due to a lack of, or poor or insufficient maintenance of a curb ramp.  

The case was reassigned to Judge Barbara J. Rothstein on September 1, 2016.  The parties prepared for trial, but continued to negotiate, and eventually came to an agreement. On July 17, 2017, a joint motion to approve a Consent Judgment by the plaintiff was filed. The amended final judgment and class action settlement were signed on November 1, 2017. Additionally on November 1, 2017, class representatives were awarded $5,000.  

The terms of the order were as follows:

  • Installation and Remediation of Curb Ramps (in order to meet the following requirements, Seattle was required to create a transition plan):
    • Seattle agreed to install missing curb ramps or upgrade non-compliant ramps in all locations associated with roadway or pedestrian facility projects to the maximum structurally practicable and technically feasible standards. 
    • Seattle agreed to prioritize new and remediated ramps based on their proximity to government businesses, transportation corridors, hospitals and medical facilities, places of public accommodation (commercial or business zones, for example), facilities containing employers and residential neighborhoods. 
    • Maintain an easily accessible procedure for residents to request installation, remediation and maintenance of curb ramps throughout the 18 year compliance period.   
  • Employment of an ADA Coordinator to develop the Transition Plan, implement the Consent Decree, and file a yearly report with the parties regarding Seattle’s compliance with the consent decree.
  • Additionally, throughout the 18-year compliance period of the consent decree, Plaintiffs and their Counsel were to conduct periodic monitoring and discussions with the city.
  • Plaintiffs’ Counsel was to be paid reasonable attorney’s fees and costs up to $40,000 in the year ending December 31, 2018, $40,000 in the year ending December 31, 2019, and up to $20,000 per year in each of the additional 16 years.  

The court maintained jurisdiction over enforcement of the consent decree, and Seattle remained liable for Plaintiffs’ counsel reasonable attorneys’ fees and expenses with a cap of $50,000 per dispute throughout the enforcement period.  

Finally, the court awarded the plaintiffs $1,388,729 in attorneys’ fees, expenses and costs.  

The court maintains jurisdiction over compliance, and as of May 2023, monitoring is ongoing through 2035.  

Summary Authors

Nina Charap (5/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4537369/parties/reynoldson-v-city-of-seattle/


Judge(s)
Attorney for Plaintiff

Carlson, David R (Washington)

Attorney for Defendant

Berman, Steve W. (Washington)

Boler, Jean M (Washington)

Brings, Amanda Hsiao-Ying (Washington)

Christie, Robert Leslie (Washington)

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4537369/reynoldson-v-city-of-seattle/

Last updated March 10, 2024, 4:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) City of Seattle (Receipt # 0981-4188454), filed by Conrad Reynoldson, Stuart Pixley, David Whedbee. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Cooper, Emily) (Entered: 10/08/2015)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

Oct. 8, 2015

Oct. 8, 2015

Clearinghouse
2

APPLICATION OF ATTORNEY Linda M. Dardarian FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Fee Paid) Receipt No. 0981-4189014 (Carlson, David) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
3

APPLICATION OF ATTORNEY Andrew P. Lee FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Fee Paid) Receipt No. 0981-4189024 (Carlson, David) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
4

APPLICATION OF ATTORNEY Raymond A. Wendell FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Fee Paid) Receipt No. 0981-4189037 (Carlson, David) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER

Judge Marsha J. Pechman added. (ST)

Oct. 9, 2015

Oct. 9, 2015

PACER
5

ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Linda M Dardarian for Stuart Pixley, Conrad Reynoldson and David Whedbee, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(AD) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
6

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew P Lee for Stuart Pixley, Conrad Reynoldson and David Whedbee, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(AD) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
7

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Raymond A Wendell for Stuart Pixley, Conrad Reynoldson and David Whedbee, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(AD) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
8

APPLICATION OF ATTORNEY Timothy P. Fox FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Fee Paid) Receipt No. 0981-4194126 (Carlson, David) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
9

APPLICATION OF ATTORNEY Sarah M. Morris FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Fee Paid) Receipt No. 0981-4194131 (Carlson, David) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
10

ORDER re 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Timothy P Fox for Stuart Pixley, Conrad Reynoldson, and for David Whedbee, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
11

ORDER re 9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sarah M Morris for Stuart Pixley, Conrad Reynoldson, and for David Whedbee, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
12

NOTICE of Appearance by attorney Lorraine Lewis Phillips on behalf of Defendant City of Seattle. (Phillips, Lorraine) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
13

NOTICE of Association of Attorney by Paul J Lawrence on behalf of Defendant City of Seattle. (Lawrence, Paul) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
14

NOTICE of Association of Attorney by Kymberly K. Evanson on behalf of Defendant City of Seattle. (Evanson, Kymberly) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
15

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 12/21/2015, FRCP 26f Conference Deadline is 12/7/2015, Initial Disclosure Deadline is 12/14/2015, by Judge Marsha J. Pechman. (RM) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

RECAP
16

PRAECIPE TO ISSUE SUMMONS re 1 Complaint by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Carlson, David) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
17

Summons electronically issued as to defendant City of Seattle. (PM) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
18

AFFIDAVIT of Service of Summons and Complaint on Pedro Gomez, External Affairs for City of Seattle on behalf of Seattle Mayor Ed Murray on 11/18/2015, filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Carlson, David) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
19

JOINT STATUS REPORT signed by all parties estimated Trial Days: 7-15. (Carlson, David) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
20

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *7-15 DAY* Bench Trial is set for 7/10/2017 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 2/2/2016, Amended Pleadings due by 2/12/2016, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/12/2016, Motions due by 1/11/2017, Discovery completed by 2/10/2017, Dispositive motions due by 3/13/2017, Motions in Limine due by 6/5/2017, Pretrial Order due by 6/28/2017, Trial briefs to be submitted by 6/28/2017, Proposed Findings of Fact and Conclusions of Law to be submitted by 6/28/2017, Pretrial Conference set for 6/30/2017 at 01:30 PM before Judge Marsha J. Pechman. (RM) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
21

MINUTE ORDER: After review of the Joint Status Report and at the request of the parties, the Court sets a status conference for 4/8/2016 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman.(RM) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
22

ANSWER to 1 Complaint by City of Seattle.(Evanson, Kymberly) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
23

NOTICE of Unavailability of counsel Lorraine Lewis Phillips for Defendant City of Seattle from 2/8/16 - 2/19/16. (Phillips, Lorraine) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
24

Joint MOTION AMEND DEADLINES by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Attachments: # 1 Proposed Order)(Cooper, Emily) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
25

ORDER granting 24 Joint Motion to Amend Deadlines; Amended Pleadings due by 6/6/2016, Deadline for filing motion for class certification: 6/13/2016, by Judge Marsha J. Pechman. (AD) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
26

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah M Morris for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Fox, Timothy) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
27

JOINT STATUS REPORT signed by all parties estimated Trial Days: 10. (Cooper, Emily) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER
28

NOTICE striking status conference scheduled for 4/8/2016. (RM) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
29

Stipulated MOTION for Class Certification by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Attachments: # 1 Proposed Order, # 2 Declarlation of Linda M. Dardarian, # 3 Declaration of David Carlson, # 4 Declaration of Timothy P. Fox, # 5 Declaration of Stuart Pixley, # 6 Declaration of Conrad Reynoldson, # 7 Declaration of David Whedbee) Noting Date 4/25/2016, (Dardarian, Linda) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
30

ORDER granting 29 Stipulated Motion Regarding Class Certification Pursuant to Federal Rule of Civil Procedure 23(b)(2) by Judge Marsha J. Pechman. (AD) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

Clearinghouse
31

MINUTE ORDER notifying the parties that on 9/1/2016, this case will be reassigned to Judge Barbara Jacobs Rothstein. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
32

ORDER REASSIGNING CASE. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. All future pleadings shall bear the cause number C15-1608BJR. Cc to BJR. by Judge Marsha J. Pechman. (RM) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
33

STANDING ORDER FOR CIVIL CASES by Judge Barbara J. Rothstein. (RM) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
34

Stipulated MOTION for 90-Day Continuance of All Pre-Trial and Trial Dates and Deadlines by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Attachments: # 1 Proposed Order Granting Parties' Stipulated Motion for 90-Day Continuance of all Pre-Trial and Trial Dates and Deadlines)(Dardarian, Linda) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
35

ORDER by Judge Barbara J. Rothstein granting 34 Stipulated Motion for 90 Day Continuance of All Pre-Trial and Trial Dates and Deadlines. BENCH TRIAL *7-15 DAYS* set for 10/10/2017, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/13/2017, Discovery Motions due by 4/11/2017, Discovery completed by 5/11/2017, Dispositive motions due by 6/12/2017, Motions in Limine due by 9/5/2017, Joint Pretrial Order due by 9/26/2017, Trial briefs due by 9/26/2017, Pretrial Conference set for 9/28/2017. (PM) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
36

Stipulated MOTION for Sixty-Day Continuance of Pre-Trial and Trial Dates and Deadlines, filed by Defendant City of Seattle. (Attachments: # 1 Proposed Order) Noting Date 2/10/2017, (Evanson, Kymberly) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
37

ORDER granting 36 Stipulated Motion for continuance of pretrial and trial dates. Bench Trial is continued to 12/11/2017 before Judge Barbara J. Rothstein. FRCP 26f Conference Deadline is 5/12/2017, Discovery Motions due by 6/12/2017, Discovery completed by 7/10/2017, Dispositive motions due by 8/11/2017, Motions in Limine due by 11/6/2017, Pretrial Order due by 11/27/2017, Trial briefs to be submitted by 11/27/2017, Pretrial Conference set for 11/27/2017. Signed by Judge Barbara J. Rothstein. (PM) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

RECAP
38

Stipulated MOTION for 60-Day Continuance of All Pre-Trial and Trial Dates and Deadlines, filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Attachments: # 1 Proposed Order Granting Parties' Stipulated Motion for 60-Day Continuance of All Pre-Trial & Trial Dates and Deadlines)(Dardarian, Linda) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
39

ORDER Granting 38 Parties' Stipulated Motion for Continuance of Trial Date and Pretrial Deadlines. Reports from expert witness under FRCP 26(a)(2) due by 7/13/2017, All motions related to discovery due by 8/11/2017, Discovery completed by 9/8/2017, Dispositive motions due by 10/10/2017, Motions in Limine due by 1/5/2018, Joint Pretrial Order due by 1/26/2018, Trial Briefs and Proposed Findings of Fact and Conclusions of Law due by1/26/2018, Pretrial Conference set for 1/26/2018 at 10:00 AM before Judge Barbara J. Rothstein. Bench Trial is set for 2/9/2018 at 09:00 AM in Courtroom 16106 before Judge Barbara J. Rothstein. (RM) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
40

MOTION Joint Motion for Order Granting Preliminary Approval of Class Action Settlement; Granting Certification of Settlement Class; Directing Notice to the Class; Setting Date for Fairness Hearing, filed by Defendant City of Seattle. Noting Date 7/17/2017, (Evanson, Kymberly) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

Clearinghouse
41

DECLARATION of Timothy P. Fox filed by Defendant City of Seattle re 40 MOTION Joint Motion for Order Granting Preliminary Approval of Class Action Settlement; Granting Certification of Settlement Class; Directing Notice to the Class; Setting Date for Fairness Hearing (Attachments: # 1 Exhibit 1)(Evanson, Kymberly) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
42

ORDER (1) granting preliminary approval of settlement ; (2) granting certification of settlement class ; (3) directing notice to the class ; and (4) setting date for Fairness Hearing ; re parties' 40 Joint Motion. Final approval of the Decree ("Fairness Hearing") set for 11/1/2017 at 10:00 AM in Courtroom 16106, signed by Judge Barbara J. Rothstein. (SWT) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

RECAP
43

MOTION for Class Representatives' Service Awards, filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Attachments: # 1 Proposed Order) Noting Date 11/1/2017, (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
44

DECLARATION of Conrad Reynoldson filed by Plaintiff Conrad Reynoldson re 43 MOTION for Class Representatives' Service Awards (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
45

DECLARATION of Stuart Pixley filed by Plaintiff Stuart Pixley re 43 MOTION for Class Representatives' Service Awards (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
46

DECLARATION of David Whedbee filed by Plaintiff David Whedbee re 43 MOTION for Class Representatives' Service Awards (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
47

MOTION for Attorney Fees, filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Attachments: # 1 Proposed Order) Noting Date 11/1/2017, (Dardarian, Linda) (Entered: 09/06/2017)

1 Proposed Order

View on PACER

Sept. 6, 2017

Sept. 6, 2017

RECAP
48

DECLARATION of Linda M. Dardarian filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee re 47 MOTION for Attorney Fees (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

RECAP
49

DECLARATION of Timothy P. Fox filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee re 47 MOTION for Attorney Fees (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
50

DECLARATION of Emily Cooper filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee re 47 MOTION for Attorney Fees (Dardarian, Linda) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
51

DECLARATION of Timothy P. Fox re Absence of Objections to Proposed Class Action Settlement by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee (Dardarian, Linda) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
52

MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement, filed by Defendant City of Seattle. (Attachments: # 1 Proposed Order) Noting Date 10/27/2017, (Evanson, Kymberly) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

RECAP
53

DECLARATION of Linda Dardarian filed by Defendant City of Seattle re 52 MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement (Evanson, Kymberly) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
54

DECLARATION of Timothy Fox filed by Defendant City of Seattle re 52 MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement (Attachments: # 1 Exhibit A)(Evanson, Kymberly) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
55

DECLARATION of Tina Pinedo filed by Defendant City of Seattle re 52 MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement (Evanson, Kymberly) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
56

DECLARATION of Caitilin Hall filed by Defendant City of Seattle re 52 MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Evanson, Kymberly) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
57

DECLARATION of Lorraine Lewis Phillips filed by Defendant City of Seattle re 52 MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement (Attachments: # 1 Exhibit A)(Evanson, Kymberly) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
58

PROPOSED ORDER (Unsigned) re 52 MOTION Joint Motion for Order Granting Final Approval of Class Action Settlement Amended Final Judgment and Order Approving Class Action Settlement (Evanson, Kymberly) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
59

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Stacie Siebrecht, Linda Dardarian; Def Counsel: Lorraine Phillips, Kymberly Evanson; CR: Debbie Zurn; Motion Hearing held on 11/1/2017 43 MOTION for Class Representatives' Service Awards filed by Conrad Reynoldson, Stuart Pixley, David Whedbee, 52 Joint Motion for Order Granting Final Approval of Class Action Settlement filed by City of Seattle, 47 MOTION for Attorney Fees filed by Conrad Reynoldson, Stuart Pixley, David Whedbee. Parties advise no objections have been received. While not formally objecting, Carol Haffar addresses the Court regarding question of ADA compliance. Court approves final judgment, class action settlement, and class representatives' service awards. Court grants attorneys' fees as stated on the record and a new proposed order will be presented to the Court. (RM) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
60

ORDER granting Plaintiffs' 43 Motion for Class Representatives' Service Awards. Defendant shall pay $5,000 to Plaintiff Conrad Reynoldson, $5,000 to Plaintiff Stuart Pixley, and $5,000 to Plaintiff David Whedbee as service awards for their contributions as Class Representatives and their general release of claims. Signed by Judge Marsha J. Pechman. (PM) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

Clearinghouse
61

AMENDED FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT re: 52 Stipulated Motion for Order Granting Final Approval of Class Action Settlement. Signed by Judge Marsha J. Pechman. (PM) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

Clearinghouse
62

ORDER granting in part and denying in part Plaintiffs' 47 Motion for an Award of Reasonable Attorneys' Fees, Costs, and Expenses. Defendant shall pay $1,388,729 to Plaintiffs in attorneys' fees, costs, and expenses, within the time period set forth in the Consent Decree. Signed by Judge Marsha J. Pechman. (PM) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

Clearinghouse
63

NOTICE of Appearance by attorney Susan Linn Kas on behalf of Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Kas, Susan) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
64

NOTICE of Appearance by attorney Michael Jay Smith on behalf of Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Smith, Michael) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
65

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Emily Cooper and Stacie Berger Siebrecht for Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Siebrecht, Stacie) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
66

NOTICE of Appearance by attorney Leah Salerno on behalf of Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Salerno, Leah) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
67

NOTICE of Change of Address/Change of Name of Attorney Timothy P Fox. Filed by Plaintiffs Stuart Pixley, Conrad Reynoldson, David Whedbee. (Fox, Timothy) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
68

Notice of Appearance

Feb. 11, 2022

Feb. 11, 2022

PACER
69

Notice of Change of Address/Change of Name

Feb. 22, 2022

Feb. 22, 2022

PACER
70

Notice of Withdrawal of Counsel

March 8, 2022

March 8, 2022

PACER
71

Application for Leave to Appear Pro Hac Vice

March 10, 2022

March 10, 2022

PACER

Order on Application for Leave to Appear Pro Hac Vice

March 11, 2022

March 11, 2022

PACER
73

Notice of Withdrawal of Counsel

Dec. 6, 2022

Dec. 6, 2022

PACER
74

Notice of Withdrawal of Counsel

Dec. 7, 2022

Dec. 7, 2022

PACER
75

Notice of Appearance

April 14, 2023

April 14, 2023

PACER
76

Notice of Withdrawal of Counsel

July 18, 2023

July 18, 2023

PACER
77

Notice of Withdrawal of Counsel

Oct. 19, 2023

Oct. 19, 2023

PACER

Case Details

State / Territory: Washington

Case Type(s):

Disability Rights

Public Accommodations/Contracting

Public Benefits/Government Services

Key Dates

Filing Date: Oct. 8, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Seattle, Washington

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: Granted

Defendants

City of Seattle (Seattle), City

Case Details

Causes of Action:

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

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Monitoring

Amount Defendant Pays: 1,388,729

Order Duration: 2017 - 2035

Issues

General/Misc.:

Access to public accommodations - governmental

Road construction

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Sidewalks

Discrimination Area:

Accommodation / Leave

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)