Case: Forsee v. Metropolitan Transportation Authority

1:19-cv-04406 | U.S. District Court for the Southern District of New York

Filed Date: May 15, 2019

Case Ongoing

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Case Summary

On May 15, 2019, three individuals with mobility disabilities and five disability rights organizations filed a putative class action lawsuit against the Metropolitan Transportation Authority (MTA), the New York City Transit Authority, and the City of New York in the U.S. District Court for the Southern District of New York. Represented by Disability Rights Advocates and private counsel, the complaint alleged that the defendants’ consistent failure to make feasible stair-free access improvements…

On May 15, 2019, three individuals with mobility disabilities and five disability rights organizations filed a putative class action lawsuit against the Metropolitan Transportation Authority (MTA), the New York City Transit Authority, and the City of New York in the U.S. District Court for the Southern District of New York. Represented by Disability Rights Advocates and private counsel, the complaint alleged that the defendants’ consistent failure to make feasible stair-free access improvements in the course of renovating subway stations and to adequately evaluate the feasibility of such improvements composed a discriminatory practice in violation of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law. The plaintiffs sought declaratory and injunctive order and judgment. 

As the proceedings proceeded, one of the three individual plaintiffs was substituted with a new one, and another individual plaintiff agreed to the dismissal of the claims without prejudice. Accordingly, discovery proceeded with delay.

On December 15, 2022, District Judge Edgardo Ramos issued a joint order granting preliminary approval of class settlement, certifying settlement class, approving notice, and setting dates for final approval. All people whose disabilities make the use of stairs difficult or impossible and who require stair-free paths of travel in the New York City subway system were certified as the class.

On April 7, 2023, District Judge Edgardo Ramos issued an order granting final approval of class settlement. The settlement agreement required the defendants to add elevators and ramps to stations so that by 2055, at least 95% of the MTA’s inaccessible stations would provide stair-free paths of travel, to commit to designating no less than 14.69% of the total New York City Transit portion of the Capital Plan funding to renovating subway stations so that they are accessible, to make stations accessible when the defendants conduct significant renovations, and to provide the plaintiffs routine updates about the progress toward making stations accessible. Furthermore, under the agreement, the defendants were to pay the class counsel’s fees and costs for all work done up to the time the agreement was approved and all work performed while monitoring, implementing, and administering the agreement. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15565999/parties/forsee-v-metropolitan-transportation-authority/


Judge(s)
Attorney for Plaintiff

Atkinson, Torie Alisa (New York)

Brown, Daniel L. (New York)

Caiola, Michelle Anne (New York)

Attorney for Defendant

Arffa, Allan J. (New York)

Burgess, Emily Maria (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:19-cv-04406

Complaint

May 15, 2019

May 15, 2019

Complaint
115

1:19-cv-04406

Third Amended Complaint

Oct. 30, 2020

Oct. 30, 2020

Complaint
175

1:19-cv-04406

Joint Order Granting Preliminary Approval of Class Settlement, Certifying Settlement Class, Approving Notice, and Setting Dates for Final Approval

Dec. 15, 2022

Dec. 15, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15565999/forsee-v-metropolitan-transportation-authority/

Last updated Oct. 31, 2025, 4:29 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andy Byford, City of New York, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority. (Filing Fee $ 400.00, Receipt Number ANYSDC-16885940)Document filed by Center for Independence of the Disabled, New York, Jean Ryan, Disabled in Action of Metropolitan New York, Vincent Russell, Harlem Independent Living Center, Bronx Independent Living Services, Lisa Forsee, Brooklyn Center for Independence of the Disabled.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

Clearinghouse
10

THIRD RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

11

FOURTH RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

12

FIFTH RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

13

STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-5023 (ER). Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

2

CIVIL COVER SHEET filed. (Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

3

REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Transportation Authority, re: 1 Complaint,. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

4

REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Foye, re: 1 Complaint,. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

5

REQUEST FOR ISSUANCE OF SUMMONS as to New York City Transit Authority, re: 1 Complaint,. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

6

REQUEST FOR ISSUANCE OF SUMMONS as to Andy Byford, re: 1 Complaint,. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

7

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint,. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

8

FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

9

SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Caiola, Michelle) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

14

ELECTRONIC SUMMONS ISSUED as to Andy Byford. (jgo) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

15

ELECTRONIC SUMMONS ISSUED as to City of New York. (jgo) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

16

ELECTRONIC SUMMONS ISSUED as to Metropolitan Transportation Authority. (jgo) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

17

ELECTRONIC SUMMONS ISSUED as to New York City Transit Authority. (jgo) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

18

ELECTRONIC SUMMONS ISSUED as to Patrick Foye. (jgo) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

19

NOTICE OF APPEARANCE by Maia Beth Goodell on behalf of Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Goodell, Maia) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

20

NOTICE OF APPEARANCE by Emily Seelenfreund on behalf of Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Seelenfreund, Emily) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

Case Opening Initial Assignment Notice

May 16, 2019

May 16, 2019

Notice to Attorney Regarding Party Modification

May 16, 2019

May 16, 2019

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michelle Anne Caiola. The party information for the following party/parties has been modified: Lisa Forsee; Vincent Russell; Jean Ryan; Bronx Independent Living Services; Brooklyn Center for Independence of the Disabled; Center for Independence of the Disabled, New York; Disabled in Action of Metropolitan New York; Patrick Foye. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party text contained a typographical error;. (jgo)

May 16, 2019

May 16, 2019

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)

May 16, 2019

May 16, 2019

Case Designated ECF. (jgo)

May 16, 2019

May 16, 2019

CASE REFERRED TO Judge Edgardo Ramos as possibly related to 16-cv-5023. (jgo)

May 16, 2019

May 16, 2019

21

NOTICE OF APPEARANCE by Daniel L. Brown on behalf of Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Brown, Daniel) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

Notice of Case Assignment/Reassignment

May 21, 2019

May 21, 2019

CASE ACCEPTED AS RELATED. Create association to 1:16-cv-05023-ER. Notice of Assignment to follow. (jc)

May 21, 2019

May 21, 2019

NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (jc)

May 21, 2019

May 21, 2019

Magistrate Judge James L. Cott 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: http://nysd.uscourts.gov/forms.php. (jc)

May 21, 2019

May 21, 2019

22

NOTICE OF APPEARANCE by Allan J. Arffa on behalf of Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority. (Arffa, Allan) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

23

NOTICE OF APPEARANCE by Gregory Frederick Laufer on behalf of Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority. (Laufer, Gregory) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

24

NOTICE OF APPEARANCE by Joseph Kolatch on behalf of Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority. (Kolatch, Joseph) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

25

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Edgardo Ramos from Gregory Laufer dated June 17, 2019. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

26

NOTICE OF APPEARANCE by Emily Maria Burgess on behalf of City of New York. (Burgess, Emily) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

27

LETTER addressed to Judge Edgardo Ramos from Emily Burgess dated 06/17/19 re: Request for Extension of Time to Respond to Complaint. Document filed by City of New York.(Burgess, Emily) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

28

AFFIDAVIT OF SERVICE of Summons and Complaint,. Metropolitan Transportation Authority served on 5/29/2019. Service was accepted by Ann Cutler Legal Clerk. Document filed by Center for Independence of the Disabled, New York; Jean Ryan; Disabled in Action of Metropolitan New York; Vincent Russell; Harlem Independent Living Center; Bronx Independent Living Services; Lisa Forsee; Brooklyn Center for Independence of the Disabled. (Goodell, Maia) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

29

AFFIDAVIT OF SERVICE of Summons and Complaint,. Patrick Foye served on 5/29/2019. Service was accepted by Ann Cutler Legal Clerk. Document filed by Center for Independence of the Disabled, New York; Jean Ryan; Disabled in Action of Metropolitan New York; Vincent Russell; Harlem Independent Living Center; Bronx Independent Living Services; Lisa Forsee; Brooklyn Center for Independence of the Disabled. (Goodell, Maia) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

30

AFFIDAVIT OF SERVICE of Summons and Complaint,. New York City Transit Authority served on 6/4/2019. Service was accepted by Vanessa Richardson Legal Clerk. Document filed by Center for Independence of the Disabled, New York; Jean Ryan; Disabled in Action of Metropolitan New York; Vincent Russell; Harlem Independent Living Center; Bronx Independent Living Services; Lisa Forsee; Brooklyn Center for Independence of the Disabled. (Goodell, Maia) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

31

AFFIDAVIT OF SERVICE of Summons and Complaint,. Andy Byford served on 6/4/2019. Service was accepted by Vanessa Richardson Legal Clerk. Document filed by Center for Independence of the Disabled, New York; Jean Ryan; Disabled in Action of Metropolitan New York; Vincent Russell; Harlem Independent Living Center; Bronx Independent Living Services; Lisa Forsee; Brooklyn Center for Independence of the Disabled. (Goodell, Maia) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

32

AFFIDAVIT OF SERVICE of Summons and Complaint,. City of New York served on 5/28/2019. Service was accepted by Betty Mazyck Legal Clerk. Document filed by Center for Independence of the Disabled, New York; Jean Ryan; Disabled in Action of Metropolitan New York; Vincent Russell; Harlem Independent Living Center; Bronx Independent Living Services; Lisa Forsee; Brooklyn Center for Independence of the Disabled. (Goodell, Maia) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

33

ORDER granting 25 Letter Motion for Extension of Time to Answer re 1 Complaint. Andy Byford answer due 7/10/2019; Patrick Foye answer due 7/10/2019; Metropolitan Transportation Authority answer due 7/10/2019; New York City Transit Authority answer due 7/10/2019. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

34

MEMO ENDORSEMENT on re: 27 Letter filed by City of New York. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Edgardo Ramos on 6/18/2019) (js) (Entered: 06/19/2019)

June 18, 2019

June 18, 2019

Order on Motion for Extension of Time to Answer

June 18, 2019

June 18, 2019

35

ANSWER to 1 Complaint,. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

36

MOTION to Dismiss for Lack of Jurisdiction . Document filed by City of New York. Responses due by 7/24/2019 Return Date set for 8/1/2019 at 10:00 AM.(Burgess, Emily) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

37

MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by City of New York. (Burgess, Emily) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

38

DECLARATION of Emily Burgess in Support re: 36 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by City of New York. (Attachments: # 1 Exhibit Lease Agreement Pt. 1, # 2 Exhibit Lease Agreement Pt. 2)(Burgess, Emily) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

39

LETTER MOTION for Extension of Time or in the alternative to dispense with the pre-motion requirement addressed to Judge Edgardo Ramos from Martin Bowe dated July 11, 2019. Document filed by City of New York.(Bowe, Martin) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

40

ORDER deferring ruling on 36 Motion to Dismiss for Lack of Jurisdiction; terminating 39 Letter Motion for Extension of Time. The parties are directed to appear for a pre-motion conference on Thursday, July 25, 2019, at 11:15 a.m. Defendant's motion is held in abeyance pending the pre-motion conference. (Signed by Judge Edgardo Ramos on 7/12/2019) (js) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

Set/Reset Hearings: Pre-Motion Conference set for 7/25/2019 at 11:15 AM before Judge Edgardo Ramos. (js)

July 12, 2019

July 12, 2019

Docket Annotation

July 15, 2019

July 15, 2019

DOCKET ANNOTATION: Rescheduling Notice - The pre-motion conference previously scheduled for July 25, 2019 is hereby rescheduled for Thursday, August 1, 2019 at 11:30 a.m.(jar)

July 15, 2019

July 15, 2019

Set/Reset Hearings: Pre-Motion Conference set for 8/1/2019 at 11:30 AM before Judge Edgardo Ramos. (jar)

July 15, 2019

July 15, 2019

41

CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Gregory Laufer dated 07/24/19. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

42

ORDER granting 41 Letter Motion to Adjourn Conference. The pre-motion conference previously scheduled for 11:30 a.m. on August 1, 2019 is rescheduled for 2:00 p.m. on August 1. (Pre-Motion Conference set for 8/1/2019 at 02:00 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

Order on Motion to Adjourn Conference

July 25, 2019

July 25, 2019

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 8/1/2019. Plaintiffs' counsel present. Defendants' counsel present. Plaintiffs are granted leave to file an amended complaint on or by August 8, 2019. (jar)

Aug. 1, 2019

Aug. 1, 2019

43

TRANSCRIPT of Proceedings re: Oral Argument held on 8/1/2019 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 8/27/2019. Redacted Transcript Deadline set for 9/6/2019. Release of Transcript Restriction set for 11/4/2019.(McGuirk, Kelly) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

44

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 8/1/19 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: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

45

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint against Center for Independence of the Disabled, New York, Jean Ryan, Disabled in Action of Metropolitan New York, Vincent Russell, Harlem Independent Living Center, Bronx Independent Living Services, Lisa Forsee, Brooklyn Center for Independence of the Disabled.Document filed by Center for Independence of the Disabled, New York, Jean Ryan, Disabled in Action of Metropolitan New York, Vincent Russell, Harlem Independent Living Center, Bronx Independent Living Services, Lisa Forsee, Brooklyn Center for Independence of the Disabled. Related document: 1 Complaint. (Attachments: # 1 Exhibit 1)(Goodell, Maia) Modified on 8/9/2019 (sj). (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

Notice to Attorney Regarding Deficient Pleading

Aug. 9, 2019

Aug. 9, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maia Beth Goodell to RE-FILE Document No. 45 Amended Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; The amended pleading was filed incorrectly on the due date set by the court, therefore Court's leave or consent from opposing parties will be required before re-filing the Amended Complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)

Aug. 9, 2019

Aug. 9, 2019

46

FIRST AMENDED COMPLAINT amending 1 Complaint, against Andy Byford, City of New York, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.Document filed by Center for Independence of the Disabled, New York, Jean Ryan, Disabled in Action of Metropolitan New York, Vincent Russell, Harlem Independent Living Center, Bronx Independent Living Services, Lisa Forsee, Brooklyn Center for Independence of the Disabled. Related document: 1 Complaint,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Goodell, Maia) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

47

MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by City of New York. Responses due by 9/5/2019 Return Date set for 9/13/2019 at 10:00 AM.(Burgess, Emily) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

RECAP
48

MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by City of New York. (Burgess, Emily) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

RECAP
49

ANSWER to 46 Amended Complaint,,. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

50

NOTICE OF APPEARANCE by Torie Alisa Atkinson on behalf of Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Atkinson, Torie) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

51

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Emily Burgess to Withdraw as Attorney . Document filed by City of New York.(Burgess, Emily) Modified on 10/30/2019 (db). (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

52

MEMO ENDORSED ORDER granting 51 Motion to Withdraw as Attorney. ENDORSEMENT: The application is granted. (Attorney Emily Maria Burgess terminated.) (Signed by Judge Edgardo Ramos on 9/3/19) (yv) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

53

MEMORANDUM OF LAW in Opposition re: 47 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Atkinson, Torie) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

54

LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Martin Bowe dated September 11, 2019., LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Edgardo Ramos from Martin Bowe dated September 11, 2019. Document filed by City of New York.(Bowe, Martin) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

55

LETTER MOTION for Extension of Time to File Response/Reply corrected (to replace EFC No. 54) addressed to Judge Edgardo Ramos from Martin Bowe dated September 11, 2019. Document filed by City of New York.(Bowe, Martin) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

56

LETTER addressed to Judge Edgardo Ramos from Torie Atkinson dated September 12, 2019 re: Pre-Motion Conference to Strike Nine of Transit Defendants' Twenty-Seven Affirmative Defenses. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Atkinson, Torie) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

57

ORDER granting 55 Letter Motion for Extension of Time to File Response/Reply re 47 MOTION to Dismiss Plaintiffs' Amended Complaint. Replies due by 9/18/2019. The Clerk of the Court is respectfully directed to terminate the motion, doc. 54, as moot. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

Order on Motion for Extension of Time to File Response/Reply

Sept. 12, 2019

Sept. 12, 2019

58

MEMO ENDORSEMENT on re: 56 Letter, filed by Jean Ryan, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Vincent Russell, Harlem Independent Living Center, Disabled in Action of Metropolitan New York, Lisa Forsee, Bronx Independent Living Services. ENDORSEMENT: A pre-motion conference will be held on October 10, 2019, at 10:00 a.m. Defendants' are directed to submit a written response by September 20, 2019. SO ORDERED. (Pre-Motion Conference set for 10/10/2019 at 10:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/13/2019) (kv) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

59

CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Gregory Laufer dated September 16, 2019. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

60

ORDER granting 59 Letter Motion to Adjourn Conference. The October 10, 2019 pre-motion conference is adjourned to October 16, 2019, at 11:00 a.m. (Pre-Motion Conference set for 10/16/2019 at 11:00 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Modified on 9/17/2019 (jar). (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

Order on Motion to Adjourn Conference

Sept. 17, 2019

Sept. 17, 2019

61

REPLY MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by City of New York. (Bowe, Martin) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

62

LETTER addressed to Judge Edgardo Ramos from Allan Arffa dated September 20, 2019 re: Response to 9/12/19 Pre-Motion Conference Letter. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Arffa, Allan) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 10/16/2019. Plaintiffs' counsel present. Defendants' counsel present. By October 30, 2019, the parties shall decide which affirmative defenses will be included in Plaintiff's motion to strike, if any. If Plaintiffs decide to proceed with their motion, moving papers are due November 11, 2019. Defendants' opposition is due December 11, 2019. Plaintiffs' reply is due January 3, 2020. The parties are also directed to meet and confer and provide to the Court a proposed joint discovery schedule by October 30, 2019. If the parties are unable to agree to a schedule, the parties are directed to appear for a scheduling conference on November 7, 2019, at 4:30 p.m. (jar)

Oct. 16, 2019

Oct. 16, 2019

63

LETTER addressed to Judge Edgardo Ramos from Torie Atkinson dated October 30, 2019 re: Proposed Scheduling Order. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Attachments: # 1 Exhibit A)(Atkinson, Torie) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

64

LETTER MOTION for Local Rule 37.2 Conference Seeking to Move for Class Certification addressed to Judge Edgardo Ramos from Torie Atkinson dated November 1, 2019. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan.(Atkinson, Torie) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

65

LETTER addressed to Judge Edgardo Ramos from Gregory F. Laufer dated November 4, 2019 re: Response to plaintiffs' 10/30/19 letter. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority. (Attachments: # 1 Exhibit 1-[Proposed] Civil Case Discovery Plan and Scheduling Order, # 2 Exhibit 2-10/11/19 Email)(Laufer, Gregory) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

66

PROPOSED STIPULATION AND ORDER. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority. (Laufer, Gregory) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

67

ORDER granting 64 Letter Motion for Local Rule 37.2 Conference. The plaintiffs' request for a pre-motion conference is GRANTED. It will be held at the same time as this matter's next scheduling conference: November 7, 2019 at 4:30 p.m. Defendants are directed to respond to plaintiffs' letter by close of business on November 6, 2019. SO ORDERED. Pre-Motion Conference set for 11/7/2019 at 04:30 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 11/4/2019) (kv) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

Set/Reset Deadlines: Responses due by 11/6/2019 (kv)

Nov. 4, 2019

Nov. 4, 2019

68

TRANSCRIPT of Proceedings re: conference held on 10/16/2019 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 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020.(McGuirk, Kelly) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/16/19 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: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

Docket Annotation

Nov. 5, 2019

Nov. 5, 2019

DOCKET ANNOTATION: Rescheduling Notice - The scheduling/pre-motion conference previously scheduled for 4:30 p.m. on November 7, 2019, is hereby rescheduled for 4:00 p.m. on November 7. (jar)

Nov. 5, 2019

Nov. 5, 2019

Set/Reset Hearings: Pre-Motion Conference set for 11/7/2019 at 04:00 PM before Judge Edgardo Ramos. Scheduling Conference set for 11/7/2019 at 04:00 PM before Judge Edgardo Ramos. (jar)

Nov. 5, 2019

Nov. 5, 2019

70

LETTER MOTION for Conference (Pre-Motion Conference) addressed to Judge Edgardo Ramos from Gregory F. Laufer dated November 6, 2019. Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

71

LETTER addressed to Judge Edgardo Ramos from Martin Bowe dated Nov. 6, 2019 re: Response to ECF No. 64. Document filed by City of New York.(Bowe, Martin) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

72

LETTER MOTION for Conference pre-motion City's motion for a Stay addressed to Judge Edgardo Ramos from Martin Bowe dated Nov. 6, 2019. Document filed by City of New York.(Bowe, Martin) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

73

LETTER addressed to Judge Edgardo Ramos from Gregory F. Laufer dated November 6, 2019 re: response to plaintiffs' request for leave to file a motion to certify a class (ECF No. 64). Document filed by Andy Byford, Patrick Foye, Metropolitan Transportation Authority, New York City Transit Authority.(Laufer, Gregory) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

74

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, Lisa Forsee, Harlem Independent Living Center, Vincent Russell, Jean Ryan. (Caiola, Michelle) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

Case Details

State / Territory:

New York

Case Type(s):

Disability Rights

Public Accommodations/Contracting

Key Dates

Filing Date: May 15, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class: All people whose disabilities make the use of stairs difficult or impossible and who require stair-free paths of travel in the New York City subway system.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Metropolitan Transportation Authority, State

New York City Transit Authority, State

City of New York, City

Patrick Foye, Private Entity/Person

Andy Byford, Private Entity/Person

Defendant Type(s):

Transportation

Facility Type(s):

Government-run

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 law

Other Dockets:

Southern District of New York 1:19-cv-04406

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Goals (e.g., for hiring, admissions)

Reporting

Issues

General/Misc.:

Access to public accommodations - governmental

Transportation

Disability and Disability Rights:

Mobility impairment

Discrimination Area:

Accommodation / Leave

Disparate Impact

Discrimination Basis:

Disability (inc. reasonable accommodations)