Case: Paulino-Santos v. Metropolitan Transit Authority

COMPLAINT against Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit. (Filing Fee $ 402.00, Receipt Number ANYSDC-27656536)Document filed by Betty Vega, Michael Ring, New York Integrated Network, Luz Paulino-Santos..(Goodell, Maia) (Entered: 04/26/2023)

CIVIL COVER SHEET filed..(Goodell, Maia) (Entered: 04/26/2023)

FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to John Lieber, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) Modified on 4/27/2023 (vf). (Entered: 04/26/2023)

FILING ERROR - DEFICIENT- SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Davey, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) Modified on 4/27/2023 (vf). (Entered: 04/26/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to New York City Transit, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 04/26/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Transit Authority, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 04/26/2023)

NOTICE OF APPEARANCE by Emily Bass on behalf of New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Bass, Emily) (Entered: 04/26/2023)

FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to John Lieber, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) Modified on 4/28/2023 (jgo). (Entered: 04/27/2023)

FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Richard Davey, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) Modified on 4/28/2023 (jgo). (Entered: 04/27/2023)

ELECTRONIC SUMMONS ISSUED as to New York City Transit. (vf) (Entered: 04/27/2023)

ELECTRONIC SUMMONS ISSUED as to Metropolitan Transit Authority. (vf) (Entered: 04/27/2023)

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Maia Beth Goodell. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Case Opening Statistical Error Correction

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)

Magistrate Judge Jennifer Willis 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)

Case Designated ECF. (vf)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Maia Beth Goodell to RE-FILE Document No. 4 Request for Issuance of Summons, 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Party Name Error. Defendant party text listed does not correspond 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)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Maia Beth Goodell to RE-FILE Document No. 11 Request for Issuance of Amended Summons, 10 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (jgo)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

REQUEST FOR ISSUANCE OF SUMMONS as to Richard Davey, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Bass, Emily) (Entered: 05/01/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to John Lieber, re: 1 Complaint,. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Bass, Emily) (Entered: 05/01/2023)

ELECTRONIC SUMMONS ISSUED as to John Lieber..(jgo) (Entered: 05/02/2023)

ELECTRONIC SUMMONS ISSUED as to Richard Davey..(jgo) (Entered: 05/02/2023)

NOTICE OF APPEARANCE by Britney Renee Wilson on behalf of New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Wilson, Britney) (Entered: 05/03/2023)

NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. As further set forth by this Order. SO ORDERED. Initial Conference set for 7/28/2023 at 04:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/12/2023) (tg) (Entered: 05/12/2023)

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Katherine Polk Failla from Allan J. Arffa dated May 15, 2023. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 05/15/2023)

ORDER granting 18 Letter Motion for Extension of Time to Answer re: 1 Complaint addressed to Judge Katherine Polk Failla from Allan J. Arffa dated May 15, 2023. Application GRANTED. The Clerk of Court is directed to terminate the motion at docket entry 18. SO ORDERED. 1 Complaint,. Richard Davey answer due 7/13/2023; John Lieber answer due 7/13/2023; Metropolitan Transit Authority answer due 7/13/2023; New York City Transit answer due 7/13/2023. (Signed by Judge Katherine Polk Failla on 5/16/2023) (vfr) (Entered: 05/16/2023)

NOTICE OF APPEARANCE by Gregory Frederick Laufer on behalf of Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 05/16/2023)

NOTICE OF APPEARANCE by Tamar Holoshitz on behalf of Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Holoshitz, Tamar) (Entered: 05/16/2023)

ACKNOWLEDGMENT OF SERVICE. John Lieber served on 6/6/2023, answer due 7/13/2023. Service was accepted by Tamar Holoshitz, Attorney. Document filed by Betty Vega; Michael Ring; New York Integrated Network; Luz Paulino-Santos..(Bass, Emily) (Entered: 06/06/2023)

AFFIDAVIT OF SERVICE. Richard Davey served on 5/4/2023, answer due 7/13/2023. Service was accepted by Laverne Sterling. Document filed by Betty Vega; Michael Ring; New York Integrated Network; Luz Paulino-Santos..(Bass, Emily) (Entered: 06/06/2023)

AFFIDAVIT OF SERVICE. Metropolitan Transit Authority served on 5/3/2023, answer due 7/13/2023. Service was accepted by John Doe. Document filed by Betty Vega; Michael Ring; New York Integrated Network; Luz Paulino-Santos..(Bass, Emily) (Entered: 06/06/2023)

ACKNOWLEDGMENT OF SERVICE. New York City Transit served on 5/3/2023, answer due 7/13/2023. Service was accepted by Laverne Sterling. Document filed by Betty Vega; Michael Ring; New York Integrated Network; Luz Paulino-Santos..(Bass, Emily) (Entered: 06/06/2023)

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, and Adjourn Initial Pre-Trial Conference addressed to Judge Katherine Polk Failla from Allan J. Arffa dated July 11, 2023. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 07/11/2023)

ORDER granting 26 Letter Motion for Extension of Time to Answer re 26 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, and Adjourn Initial Pre-Trial Conference addressed to Judge Katherine Polk Failla from Allan J. Arffa dated July 11, 2023. Application GRANTED. Defendants shall file their pre-motion letter on or before July 31, 2023, and Plaintiffs shall file their response on or before August 7, 2023. Because this intended motion is potentially dispositive of this action, the initial pretrial conference currently scheduled for July 28, 2023 is hereby ADJOURNED sine die, as is the parties' obligation to submit a proposed case management plan. The parties are hereby ORDERED to appear for a telephone conference regarding the anticipated motion on August 17, 2023, at 3:30 p.m. The dial-in information is as follows: At 3:30 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to that time. The Clerk of Court is directed to terminate the motion at docket entry 26. SO ORDERED. Richard Davey answer due 7/31/2023; John Lieber answer due 7/31/2023; Metropolitan Transit Authority answer due 7/31/2023; New York City Transit answer due 7/31/2023. (Signed by Judge Katherine Polk Failla on 7/12/2023) (jca) (Entered: 07/12/2023)

Set/Reset Hearings: Telephone Conference set for 8/17/2023 at 03:30 PM before Judge Katherine Polk Failla. (jca)

NOTICE OF REASSIGNMENT, This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment, including ECF No. 27, except that the deadlines for the parties' pre-motion letter and response are hereby ADJOURNED. The Court's Individual Rules do not require such submissions. See Rule 4(a). All counsel must familiarize themselves with the Court's Indiv idual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. SO ORDERED. (Telephone Conference set for 8/17/2023 at 03:30 PM before Judge Jessica G. L. Clarke.) (Signed by Judge Jessica G. L. Clarke on 7/28/2023) (kv)

NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Katherine Polk Failla is no longer assigned to the case. (laq)

Notice of Case Assignment/Reassignment

LETTER addressed to Judge Jessica G. L. Clarke from Maia Goodell dated August 2, 2023 re: deadline for defendants to answer or move to dismiss the Complaint. Document filed by Michael Ring..(Goodell, Maia) (Entered: 08/02/2023)

LETTER addressed to Judge Jessica G. L. Clarke from Allan J. Arffa dated August 3, 2023 re: 29 Plaintiffs' August 2, 2023 Letter. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 08/03/2023)

MEMO ENDORSEMENT on re: 29 Letter filed by Michael Ring. ENDORSEMENT: The conference scheduled for August 17, 2023 is ADJOURNED. The parties shall propose a joint briefing schedule, incorporating a third extension of time for defendants to respond to the Complaint. The parties shall file this letter request no later than August 10, 2023. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/3/2023) (tg) (Entered: 08/03/2023)

JOINT LETTER addressed to Judge Jessica G. L. Clarke from Maia Goodell dated August 7, 2023 re: proposed briefing schedule for defendants' anticipated motion to dismiss. Document filed by Michael Ring..(Goodell, Maia) (Entered: 08/07/2023)

MEMO ENDORSEMENT: on re: 32 Letter filed by Michael Ring. ENDORSEMENT: Application GRANTED. Defendants' motion to dismiss is due August 24, 2023. Plaintiffs' opposing papers are due October 12, 2023. Defendants' reply papers are due November 13, 2023. SO ORDERED., ( Motions due by 8/24/2023., Responses due by 10/12/2023, Replies due by 11/13/2023.) (Signed by Judge Jessica G. L. Clarke on 8/07/2023) (ama) (Entered: 08/07/2023)

MOTION to Dismiss the Complaint. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 08/24/2023)

MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss the Complaint. . Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 08/24/2023)

DECLARATION of Allan J. Arffa in Support re: 34 MOTION to Dismiss the Complaint.. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit. (Attachments: # 1 Exhibit 1 - Guide to Access-A-Ride Paratransit, # 2 Exhibit 2 - MTA Paratransit Metrics, # 3 Exhibit 3 - Making a Reservation and Managing Trips, # 4 Exhibit 4 - New York City Transit Key Performance Metrics, # 5 Exhibit 5 - E-Hail Pilot Program, # 6 Exhibit 6 - Mass Transit Article, # 7 Exhibit 7 - 10/11/2016 DOJ Letter).(Arffa, Allan) (Entered: 08/24/2023)

LETTER addressed to Judge Jessica G. L. Clarke from Maia Goodell dated August 30, 2023 Document filed by Luz Paulino-Santos..(Goodell, Maia) (Entered: 08/30/2023)

NOTICE OF CHANGE OF ADDRESS by Emily Bass on behalf of Luz Paulino-Santos. New Address: Vladeck, Raskin & Clark, P.C., 111 Broadway, Suite 1505, New York, New York, United States 10006, (212) 403-7300..(Bass, Emily) (Entered: 09/01/2023)

NOTICE OF CHANGE OF ADDRESS by Maia Beth Goodell on behalf of Luz Paulino-Santos. New Address: Vladeck, Raskin & Clark, P.C., 111 Broadway, Suite 1505, New York, New York, United States 10006, (212) 403-7300..(Goodell, Maia) (Entered: 09/01/2023)

JOINT LETTER MOTION for Discovery (Letter Motion Requesting Stay of Discovery Pending Motion to Dismiss) addressed to Judge Jessica G. L. Clarke from Allan J. Arffa dated September 19, 2023. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 09/19/2023)

ORDER denying 40 Letter Motion for Discovery. Because of the potential prejudice to Plaintiffs and Defendants' failure to show harm, Defendants' motion for a stay of discovery is DENIED. The Court notices an initial pretrial conference by separate order. As described in that order, the parties shall confer about structuring discovery in phases. The Clerk of Court is directed to terminate ECF No. 40. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 9/26/2023) (tg)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/18/2023 at 02:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 9/26/2023) (tg) (Entered: 09/26/2023)

JOINT LETTER addressed to Judge Jessica G. L. Clarke from Allan J. Arffa dated October 11, 2023 re: Pretrial Conference. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 10/11/2023)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit. (Attachments: # 1 Appendix Addendum to Civil Case Management Plan and Scheduling Order).(Arffa, Allan) (Entered: 10/11/2023)

MEMORANDUM OF LAW in Opposition re: 34 MOTION to Dismiss the Complaint. . Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 10/12/2023)

Minute Entry for proceedings held before Judge Jessica G. L. Clarke: Initial Pretrial Conference held on 10/18/2023. Counsel Britney R. Wilson and Maia B. Goodell present for the plaintiffs. Counsel Allan J. Arffa and Gregory F. Laufer present for the defendants. (stt)

Pretrial Conference - Initial

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have not taken place. The parties shall file a joint letter regarding settlement and ADR no later than October 8, 2023. Any motion for leave to amend or join additional parties shall be filed no later than November 17, 2023. Depositions pursuant to Fed. R. Civ. P. 30 and 31 shall be completed by the date set forth in paragraph 8(a). The case is not to be tried to a jury. The parties believe the initial pretrial conference is necessary. To be determined following receipt of joint letter submitted after the first phase of discovery. SO ORDERED. The parties must file a joint letter addressing the topics specified in the Court's Individual Rule 3(d) no later than one week after the close of each of the above phases of discovery. The first such letter shall also include a proposed briefing schedule for any class certification motion practice. Motions due by 11/17/2023. Expert Deposition due by 1/20/2025. Fact Discovery due by 9/30/2024. Expert Discovery due by 1/20/2025. (Signed by Judge Jessica G. L. Clarke on 10/18/2023) (tg) (Entered: 10/19/2023)

JOINT LETTER addressed to Judge Jessica G. L. Clarke from Allan J. Arffa dated October 30, 2023 re: Clarifying Civil Case Management Plan and Scheduling Order (Dkt. No. 46). Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 10/30/2023)

MEMO ENDORSEMENT on re: 47 Letter, filed by New York City Transit, Metropolitan Transit Authority, John Lieber, Richard Davey ENDORSEMENT The Court thanks the parties for their attentiveness. The joint letter regarding settlement and ADR is due November 8, 2023. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/31/2023) (jca) (Entered: 10/31/2023)

JOINT LETTER addressed to Judge Jessica G. L. Clarke from Allan J. Arffa dated November 8, 2023 re: Settlement and ADR. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 11/08/2023)

REPLY MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss the Complaint. . Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 11/13/2023)

NOTICE OF APPEARANCE by Kerissa Barron on behalf of Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Barron, Kerissa) (Entered: 12/07/2023)

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Arffa, Allan) (Entered: 12/22/2023)

MEMO ENDORSEMENT on re: 52 Proposed Order for Withdrawal of Attorney filed by New York City Transit, Metropolitan Transit Authority, John Lieber, Richard Davey. ENDORSEMENT: Motion to withdraw GRANTED. SO ORDERED. Attorney Allan J. Arffa terminated. (Signed by Judge Jessica G. L. Clarke on 12/26/2023) (tg) (Entered: 12/26/2023)

PROPOSED PROTECTIVE ORDER. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 01/04/2024)

STIPULATED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. and as set forth herein. This Stipulated Protective Order may be changed by further order of this Court, and is without prejud ice to the rights of a Party to move for relief from any of its provisions, or to seek or agree to different or additional protection for any particular material or information. IT IS SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 1/08/2024) (ama)

JOINT LETTER addressed to Judge Jessica G. L. Clarke from Gregory F. Laufer dated January 26, 2024 re: the Court's Individual Rule 3(d) in the Civil Case Management Plan and Scheduling Order 46 and the Memo Endorsement 48 . Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 01/26/2024)

MEMO ENDORSEMENT on re: 56 Letter, filed by New York City Transit, Metropolitan Transit Authority, John Lieber, Richard Davey. ENDORSEMENT: Application GRANTED. The deadlines for class certification briefing are adopted as set forth in Annex A. The parties are directed to resolve the pending discovery disputes as set forth herein, without waiver of the parties' ability raise discovery disputes in accordance with Individual Rule 4(k). Any such application must be in the form of a joint letter-motion that states: (1) the position the parties started with at the beginning of the meet and confer; (2) each party's final proposed compromise; and (3) why the opposing side finds the compromise position insufficient. Any letter-motion that fails to include this information will be denied. SO ORDERED. ( Deposition due by 3/20/2024., Discovery due by 3/20/2024., Motions due by 2/27/2024., Replies due by 5/20/2024., Responses due by 4/29/2024) (Signed by Judge Jessica G. L. Clarke on 1/29/2024) (tg) (Entered: 01/29/2024)

MOTION to Certify Class . Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

MEMORANDUM OF LAW in Support re: 58 MOTION to Certify Class . . Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

AFFIDAVIT of Maia Goodell in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9).(Goodell, Maia) Modified on 5/10/2024 (db). Modified as per 80 ORDER. As per ECF-ERROR Email Correspondence Received on 5/10/2024 @ 10:36am. (Entered: 02/27/2024)

AFFIDAVIT of Britney R. Wilson in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Evelyn Alvarez-Richards in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Dr. Rita Bilello in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Christina Gilly in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Luz Paulino-Santos in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Gilbert Plaza in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Michael Ring in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Evelyn Santiago in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Matthew Sturiale in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

DECLARATION of Betty Vega in Support re: 58 MOTION to Certify Class .. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 02/27/2024)

LETTER MOTION to Seal addressed to Judge Jessica G. L. Clarke from Maia Goodell dated March 1, 2024. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Bass, Emily) (Entered: 03/01/2024)

LETTER addressed to Judge Jessica G. L. Clarke from Gregory F. Laufer dated March 6, 2024 re: Supporting Plaintiffs' Letter Motion to redact or seal documents recently filed as exhibits. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 03/06/2024)

NOTICE OF APPEARANCE by Matthew Clarida on behalf of Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Clarida, Matthew) (Entered: 03/12/2024)

LETTER MOTION for Leave to File Excess Pages addressed to Judge Jessica G. L. Clarke from Maia Goodell dated March 25, 2024. Document filed by New York Integrated Network, Luz Paulino-Santos, Michael Ring, Betty Vega..(Goodell, Maia) (Entered: 03/25/2024)

ORDER granting 74 Letter Motion for Leave to File Excess Pages. GRANTED. The page limit for the joint letter is extended to 10 pages. The parties are reminded of the requirements the Court set forth at ECF No. 57. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 3/26/2024) (vfr) (Entered: 03/26/2024)

OPINION AND ORDER re: 34 MOTION to Dismiss the Complaint. filed by New York City Transit, Metropolitan Transit Authority, John Lieber, Richard Davey. For the reasons set forth herein, Plaintiffs fail to state a claim that the Nex t-Day Policies and One-Hour Policy on their face violate the ADA. In this respect, Defendants' motion to dismiss is GRANTED; in all other respects, the Rule 12(b)(6) motion is DENIED. Because Plaintiff Ring lacks standing, Defendant's Rule 12(b)(1) motion is GRANTED. The Clerk of Court is directed to terminate ECF No. 34. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 3/29/2024) (tg)

PROPOSED STIPULATION AND ORDER. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 04/10/2024)

ANSWER to 1 Complaint,. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 04/12/2024)

STIPULATION AND ORDER CERTIFYING CLASS, Motions terminated: 58 MOTION to Certify Class . filed by Betty Vega, New York Integrated Network, Michael Ring, Luz Paulino-Santos. NOW, THEREFORE, IT IS STIPULATED AND SO ORDERED THAT: 1. The requirements of Rule 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure having been met, this action is certified to proceed as a class action on behalf of all people who cannot consistently use fixed-route transit (defined as subways and buses operating solely within New York City) because of a disability, and who use Access-A-Ride or would use Access-A-Ride if it had response and travel times more comparable to the MTA's fixed-route transit (the "Class"). 2. Lucy "Luz" Paulino-Santos, Betty Vega, and the New York Integrated Network ("NYIN") are appointed representatives for the Class. 3. Vladeck, Raskin & Clark, P.C., and New York Law School Legal Services, Inc., are appointed counsel for the Class. The Clerk of Court is directed to terminate ECF No. 58. (Signed by Judge Jessica G. L. Clarke on 4/11/2024) (ks) (Entered: 04/12/2024)

ORDER granting in part and denying in part 71 Letter Motion to Seal. The motion to seal, see ECF No. 71, is GRANTED in part and DENIED in part. Pursuant to Individual Rule 5(a)(b), the parties may substitute Exhibits 1-3 of ECF No. 60 (" Goodell Decl.") with the new, redacted versions at ECF No. 71-1-71-3, no later than April 15, 2024. Defendants request to seal Exhibits 4 and 5 of the Goodell Decl., which are charts containing "aggregated data describing the number of, and percentage change in, Access-A-Ride registrants, potential applicants, and eligibility determinations on a month-by-month basis for both 2022 and 2023." ECF No. 72. This application is DENIED for several reasons, as further set forth her ein. Accordingly, competing considerations do not outweigh the strong presumption of public access that attaches to ECF Nos. 60-4 and 60-5. See Lugosch, 435 F.3d at 120. The Clerk of Court is directed to unseal ECF Nos. 60-4 and 60-5 and terminate ECF No 71. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 4/12/2024) (vfr)

JOINT LETTER addressed to Judge Jessica G. L. Clarke from Gregory F. Laufer, Maia Goodell and Britney R. Wilson dated May 14, 2024 re: Fact Discovery Schedule. Document filed by Metropolitan Transit Authority..(Laufer, Gregory) (Entered: 05/14/2024)

MEMO ENDORSEMENT on re: 81 Letter filed by Metropolitan Transit Authority ENDORSEMENT The parties shall submit the joint letter following the second phase of discovery, pursuant to the Court's Individual Rule 3(d), no later than July 24, 2024. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 5/15/2024) (jca) (Entered: 05/15/2024)

JOINT LETTER MOTION for Local Rule 37.2 Conference re Discovery Dispute Concerning Defendants' Third Set of Interrogatories addressed to Judge Jessica G. L. Clarke from Gregory F. Laufer, Maia Goodell, Britney R. Wilson dated June 3, 2024. Document filed by Metropolitan Transit Authority, New York City Transit. (Attachments: # 1 Exhibit A-Defendants' Third Set of Interrogatories to Plaintiffs, # 2 Exhibit B-Plaintiffs' Responses and Objections to Defendants' Third Set of Interrogatories).(Laufer, Gregory) (Entered: 06/03/2024)

ORDER granting 83 Letter Motion for Local Rule 37.2 Conference. To address this discovery dispute, the parties shall appear before the Court for a case management conference on June 12, 2024 at 12:00 p.m. via Microsoft Teams. Counsel will receiv e Microsoft Teams log-in credentials at the email addresses listed on the docket. The public listen-only line may be accessed by dialing: 646-453-4442 | Access Code: 548 276 134#. SO ORDERED. Case Management Conference set for 6/12/2024 at 12:00 PM before Judge Jessica G. L. Clarke. (Signed by Judge Jessica G. L. Clarke on 6/7/2024) (tg)

LETTER MOTION to Adjourn Conference / June 12, 2024 Hearing on Defendant's Motion to Compel Interrogatory Responses addressed to Judge Jessica G. L. Clarke from Gregory F. Laufer dated June 11, 2024. Document filed by Richard Davey, John Lieber, Metropolitan Transit Authority, New York City Transit..(Laufer, Gregory) (Entered: 06/11/2024)