Case: Metropolitan Transportation Authority v. Duffy

No Court

COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria Shepherd, United States Department of Transportation. (Filing Fee $ 405.00, Receipt Number ANYSDC-30641885)Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority. (Attachments: # 1 Exhibit A - VPPP Agreement).(Kaplan, Roberta) (Entered: 02/19/2025)

1 Exhibit A - VPPP Agreement

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NOTICE OF APPEARANCE by Maximilian Crema on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Crema, Maximilian) (Entered: 02/19/2025)

CIVIL COVER SHEET filed..(Kaplan, Roberta) (Entered: 02/19/2025)

STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-10365; 24-cv-1644; 24-cv-04111; 24-cv-00367. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 02/19/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Sean Duffy, in his official capacity as Secretary of the United States Department of Transportation, re: 1 Complaint,. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 02/19/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Gloria M. Shepherd, in her official capacity as the Executive Director of the Federal Highway Administration, re: 1 Complaint,. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 02/19/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Transportation, re: 1 Complaint,. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 02/19/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Federal Highway Administration, re: 1 Complaint,. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 02/19/2025)

NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 02/19/2025)

NOTICE OF APPEARANCE by Dennis Brandon Trice on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Trice, Dennis) (Entered: 02/19/2025)

ELECTRONIC SUMMONS ISSUED as to Federal Highway Administration..(jgo) (Entered: 02/20/2025)

ELECTRONIC SUMMONS ISSUED as to Gloria M. Shepherd..(jgo) (Entered: 02/20/2025)

ELECTRONIC SUMMONS ISSUED as to Sean Duffy..(jgo) (Entered: 02/20/2025)

ELECTRONIC SUMMONS ISSUED as to United States Department of Transportation..(jgo) (Entered: 02/20/2025)

NOTICE OF APPEARANCE by John F. Nelson on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Nelson, John) (Entered: 02/20/2025)

NOTICE OF APPEARANCE by Mark A. Chertok on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Chertok, Mark) (Entered: 02/20/2025)

NOTICE OF APPEARANCE by Amy Lynn Cassidy on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Cassidy, Amy) (Entered: 02/20/2025)

NOTICE OF APPEARANCE by Elizabeth Read Knauer on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Knauer, Elizabeth) (Entered: 02/20/2025)

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

Case Designated ECF. (jgo)

CASE REFERRED TO Judge Lewis J. Liman as possibly related to 23-cv-10365. (jgo)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roberta Ann Kaplan. The party information for the following party/parties has been modified: Gloria Shepherd. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)

CASE ACCEPTED AS RELATED. Create association to 1:23-cv-10365-LJL. Notice of Assignment to follow. (laq)

NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (laq)

Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (laq)

NOTICE OF APPEARANCE by Phillip Dane Warren on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Warren, Phillip) (Entered: 02/24/2025)

NOTICE OF CHANGE OF ADDRESS by Amy Lynn Cassidy on behalf of Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority. New Address: Sive, Paget & Riesel P.C., 560 Lexington Avenue, 15th Floor, New York, New York, USA 10022, 212 421-2150..(Cassidy, Amy) (Entered: 02/24/2025)

AFFIDAVIT OF SERVICE of Summons and Complaint, served. All Defendants. Service was made by certified mail upon United States Attorney General Pam Bondi. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Trice, Dennis) (Entered: 02/27/2025)

NOTICE OF APPEARANCE by Dror Ladin on behalf of Riders Alliance, Sierra Club..(Ladin, Dror) (Entered: 03/04/2025)

MOTION to Intervene . Document filed by Riders Alliance, Sierra Club. (Attachments: # 1 Exhibit Proposed Complaint-in-Intervention).(Ladin, Dror) (Entered: 03/04/2025)

1 Exhibit Proposed Complaint-in-Intervention

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MEMORANDUM OF LAW in Support re: 23 MOTION to Intervene . . Document filed by Riders Alliance, Sierra Club..(Ladin, Dror) (Entered: 03/04/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Riders Alliance..(Ladin, Dror) (Entered: 03/04/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sierra Club..(Ladin, Dror) (Entered: 03/04/2025)

CERTIFICATE OF SERVICE of Motion to Intervene served on Sean Duffy, Gloria M. Shepherd, U.S. Department of Transportation, Federal Highway Administration on 03/04/2025. Service was made by Mail. Document filed by Riders Alliance, Sierra Club..(Ladin, Dror) (Entered: 03/04/2025)

LETTER addressed to Judge Vernon S. Broderick from Roberta A. Kaplan, dated March 5, 2025 re: related cases. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 03/05/2025)

LETTER addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated March 18, 2025 re: scheduling. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 03/18/2025)

MOTION to Intervene as Plaintiff. Document filed by New York State Department of Transportation. (Attachments: # 1 Exhibit proposed complaint-in-intervention).(Frank, Andrew) (Entered: 03/19/2025)

1 Exhibit proposed complaint-in-intervention

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MEMORANDUM OF LAW in Support re: 30 MOTION to Intervene as Plaintiff. . Document filed by New York State Department of Transportation..(Frank, Andrew) (Entered: 03/19/2025)

ORDER granting 23 Motion to Intervene. Because the Court grants Proposed Intervenors' motion pursuant to Federal Rule of Civil Procedure 24(b), the Court need not consider Proposed Intervenors' argument that intervention is also warranted as a matter of right pursuant to Federal Rule of Civil Procedure 24(a). The Clerk of Court is respectfully directed to close Dkt. No. 23. SO ORDERED.. (Signed by Judge Lewis J. Liman on 3/19/2025) (ks) (Entered: 03/19/2025)

CERTIFICATE OF SERVICE of notice of motion, proposed complaint-in-intervention, memorandum of law served on Secretary Sean Duffy, Executive Director Gloria Shepherd, U.S. Dept. of Transportation, Federal Highway Admin., Attorney General Pamela Bondi, U.S. Attorney's Office on March 19, 2025. Service was made by U.S. mail and e-mail. Document filed by New York State Department of Transportation..(Frank, Andrew) (Entered: 03/19/2025)

ORDER taking under advisement 30 Motion to Intervene. By March 25, 2025, Defendants shall submit a letter on ECF indicating whether they intend to oppose the motion by NYSDOT to intervene. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MB) (Entered: 03/20/2025)

Order on Motion to Intervene

LETTER addressed to Judge Lewis J. Liman from Dominika Tarczynska dated March 25, 2025 re: NYDOT Motion to Intervene. Document filed by Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation..(Tarczynska, Dominika) (Entered: 03/25/2025)

ORDER granting 30 Motion to Intervene. Because the Court grants NYSDOT's motion pursuant to Federal Rule of Civil Procedure 24(b), the Court need not consider NYSDOT's argument that intervention is also warranted as a matter of right pursuant to Federal Rule of Civil Procedure 24(a). The Clerk of Court is respectfully directed to close Dkt. No. 30. SO ORDERED.. (Signed by Judge Lewis J. Liman on 3/26/2025) (ks) (Entered: 03/26/2025)

INTERVENOR COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation.Document filed by New York State Department of Transportation. (Attachments: # 1 Exhibit 1. Feb. 19, 2025 Letter from Secretary Duffy to Governor Hochul, # 2 Exhibit 2. Nov. 21, 2024 Agreement, # 3 Exhibit 3. Feb. 20, 2025 Letter from Executive Director Shepherd to Commissioner Dominguez and others, # 4 Exhibit 4. June 17, 2019 Expression of Interest, # 5 Exhibit 5. Oct. 24, 2019 Letter from Administrator Nason to Executive Deputy Commissioner Epstein).(Frank, Andrew) (Entered: 03/27/2025)

1 Exhibit 1. Feb. 19, 2025 Letter from Secretary Duffy to Governor Hochul

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2 Exhibit 2. Nov. 21, 2024 Agreement

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3 Exhibit 3. Feb. 20, 2025 Letter from Executive Director Shepherd to Commission

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4 Exhibit 4. June 17, 2019 Expression of Interest

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5 Exhibit 5. Oct. 24, 2019 Letter from Administrator Nason to Executive Deputy C

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FILING ERROR DEFICIENT PLEADING - PDF ERROR - INTERVENOR COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation.Document filed by Sierra Club, Riders Alliance..(Ladin, Dror) Modified on 3/28/2025 (jgo). (Entered: 03/27/2025)

CERTIFICATE OF SERVICE of Summons and Intervenor Complaint,,. Sean Duffy served on 3/27/2025, answer due 4/17/2025; Federal Highway Administration served on 3/27/2025, answer due 4/17/2025; Gloria M. Shepherd served on 3/27/2025, answer due 4/17/2025; United States Department of Transportation served on 3/27/2025, answer due 4/17/2025. Service was made by U.S. mail and e-mail. Document filed by New York State Department of Transportation..(Frank, Andrew) (Entered: 03/27/2025)

CERTIFICATE OF SERVICE of Intervenor Complaint served on Sean Duffy, Gloria M. Shepherd, U.S. Department of Transportation, Federal Highway Administration on 03/27/2025. Service was made by Mail. Document filed by Riders Alliance, Sierra Club..(Ladin, Dror) (Entered: 03/27/2025)

INTERVENOR COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, Triborough Bridge and Tunnel Authority, United States Department of Transportation.Document filed by Sierra Club, Riders Alliance..(Ladin, Dror) (Entered: 03/28/2025)

ORDER The Court will hold an initial pretrial conference in the above-captioned cases on April 9, 2025 at 2 PM. The parties are directed to dial into the Court's teleconference line at 646-453-4442 and use conference ID# 358639322. The parties shall be expected to discuss case scheduling including any anticipated motion practice. The parties shall meet and confer in advance of the conference and shall submit letters no later than April 4, 2025, with proposals as to how the Court should manage these cases. SO ORDERED. Initial Conference set for 4/9/2025 at 02:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 3/28/2025) (jca) (Entered: 03/28/2025)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dror Ladin to RE-FILE Document No. 38 Intervenor Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF case caption must list the Intervenor Plaintiffs. Re-file the pleading using the event type Intervenor 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. (jgo)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dror Ladin to RE-FILE Document No. 38 Intervenor Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF case caption must list the Intervenor Plaintiffs. Re-file the pleading using the event type Intervenor 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. (jgo)

LETTER addressed to Judge Lewis J. Liman from Andrew G. Frank dated March 31, 2025 re: correction of defendants' time to respond to complaint-in-intervention. Document filed by New York State Department of Transportation..(Frank, Andrew) (Entered: 03/31/2025)

MEMO ENDORSEMENT on re: 43 Letter filed by New York State Department of Transportation, ENDORSEMENT: The Clerk of Court is respectfully directed to change the date by which the four federal defendants must answer or otherwise respond to the NYSDOT's complaint from April 17, 2025 to May 27, 2025. SO ORDERED (Signed by Judge Lewis J. Liman on 4/1/2025) New York State Department of Transportation answer due 5/27/2025. (ks) (Entered: 04/01/2025)

MOTION to Intervene as Plaintiff. Document filed by New York City Department of Transportation. (Attachments: # 1 Exhibit Proposed Complaint-in-Intervention).(Taylor, Nathan) (Entered: 04/02/2025)

1 Exhibit Proposed Complaint-in-Intervention

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MEMORANDUM OF LAW in Support re: 45 MOTION to Intervene as Plaintiff. . Document filed by New York City Department of Transportation..(Taylor, Nathan) (Entered: 04/02/2025)

NOTICE OF APPEARANCE by Christian Chase Harned on behalf of New York City Department of Transportation..(Harned, Christian) (Entered: 04/02/2025)

ORDER taking under advisement 45 Motion to Intervene. Any party intending to oppose the motion by NYCDOT to intervene shall inform the Court of that intention by letter filed on ECF no later than April 7, 2025. In the absence of any timely expressed intention to oppose the motion, the Court shall grant intervention. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MB) (Entered: 04/03/2025)

Order on Motion to Intervene

JOINT LETTER addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated April 4, 2025 re: Case Management. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 04/04/2025)

ORDER: The Initial Pretrial Conference scheduled for tomorrow, April 9, 2025 at 2:00PM will now proceed remotely by Microsoft Teams Video Conference. Parties will be provided instructions to access the hearing via email. The public/press may access the hearing through the Court's audio only teleconference line by dialing 646-453-4442 and using Conference ID# 358639322. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 04/08/2025)

NOTICE OF APPEARANCE by Dominika Natalia Tarczynska on behalf of Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation..(Tarczynska, Dominika) (Entered: 04/08/2025)

NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation..(Poscablo, Christine) (Entered: 04/08/2025)

NOTICE OF APPEARANCE by David E. Farber on behalf of Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation..(Farber, David) (Entered: 04/08/2025)

LETTER addressed to Judge Lewis J. Liman from Roberta A. Kaplan dated April 8, 2025 re: USDOT Social Media Post. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 04/08/2025)

Order

ORDER granting 45 Motion to Intervene. NYCDOT is a party to the Value Pricing Pilot Program agreement at issue and has an interest in determining the status of that agreement. Dkt. No. 46. Because the Court grants NYCDOT's motion pursuant to Federal Rule of Civil Procedure 24(b), the Court need not consider NYCDOTs argument that intervention is also warranted as a matter of right pursuant to Federal Rule of Civil Procedure 24(a). The Clerk of Court is respectfully directed to close Dkt. No. 45. SO ORDERED.. (Signed by Judge Lewis J. Liman on 4/9/2025) (ks) (Entered: 04/09/2025)

FILING ERROR - DEFICIENT PLEADING - FILER ERROR - INTERVENOR COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation.Document filed by New York City Department of Transportation. (Attachments: # 1 Exhibit Letter from Secretary Sean Duffy to Governor Kathy Hochul (Feb. 19, 2025), # 2 Exhibit Agreement among FHWA, State DOT, Triborough and New York City Department of Transportation (Nov. 21, 2024), # 3 Exhibit Letter from Executive Director Gloria Shepherd to Commissioner Rodriguez and others (Feb. 20, 2025), # 4 Exhibit Letter from Executive Director Shepherd to City DOT Commissioner Rodriguez and others (Mar. 20, 2025), # 5 Exhibit Expression of Interest (June 17, 2019), # 6 Exhibit Letter from Administrator Nicole Nason to Executive Deputy Commissioner Ron Epstein at 1 (Oct. 24, 2019).(Taylor, Nathan) Modified on 4/10/2025 (pc). (Entered: 04/09/2025)

1 Exhibit Letter from Secretary Sean Duffy to Governor Kathy Hochul (Feb. 19, 2025

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2 Exhibit Agreement among FHWA, State DOT, Triborough and New York City Department

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3 Exhibit Letter from Executive Director Gloria Shepherd to Commissioner Rodriguez

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4 Exhibit Letter from Executive Director Shepherd to City DOT Commissioner Rodrigu

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5 Exhibit Expression of Interest (June 17, 2019)

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6 Exhibit Letter from Administrator Nicole Nason to Executive Deputy Commissioner

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ORDER: The Court adopts as an Order of the Court the case schedule agreed to by the parties and discussed at the initial pretrial conference on April 9, 2025. Amendments to complaints are due April 18, 2025. Defendants' answer to the amended complaint or complaints is due May 27, 2025. Defendants shall produce the administrative record by May 27, 2025. Defendants shall inform the Court by no later than April 23, 2025 whether they anticipate the administrative record to include any documents other than Secretary Duffy's letter dated February 19, 2025. Motions to complete or supplement the record, or for extra record discovery, are due June 24, 2025. Oppositions to such motions are due July 15, 2025. Replies in support of such motions are due July 29, 2025. Defendants' motion for summary judgment must be filed within thirty days of resolution of the last of any motions for discovery and completion of the last of any resulting discovery and/or supplementation of the record. Plaintiffs' and Intervenors' cross-motions for summary judgment and opposition to Defendants' motion for summary judgment are due thirty days thereafter. Defendants' reply in support of their motion for summary judgment and in opposition to Plaintiffs' and Intervenors' cross-motions for summary judgment is due fourteen days thereafter. Plaintiffs' and Intervenors' replies in support of their motions for summary judgment are due fourteen days thereafter. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/9/2025) ( Amended Pleadings due by 4/18/2025., Motions due by 6/24/2025., Responses due by 7/15/2025, Replies due by 7/29/2025.) (ks) (Entered: 04/09/2025)

Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 4/9/2025 by Microsoft Teams Video Conference. Counsel present for Plaintiffs in both cases. Counsel present for Defendants in both cases. Counsel present for Intervenor Plaintiff NYSDOT. Counsel present for Intervenor Plaintiffs Riders Alliance and Sierra Club. Court reporter present. See Order issued by the Court. (mf)

INTERVENOR COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation.Document filed by New York City Department of Transportation. (Attachments: # 1 Exhibit 1 - Letter from Secretary Sean Duffy to Governor Kathy Hochul (Feb. 19, 2025), # 2 Exhibit 2 - Agreement among FHWA, State DOT, Triborough and New York City Department of Transportation (Nov. 21, 2024), # 3 Exhibit 3 - Letter from Executive Director Gloria Shepherd to Commissioner Rodriguez and others (Feb. 20, 2025), # 4 Exhibit 4 - Letter from Executive Director Shepherd to City DOT Commissioner Rodriguez and others (Mar. 20, 2025), # 5 Exhibit 5 - Expression of Interest (June 17, 2019), # 6 Exhibit 6 - Letter from Administrator Nicole Nason to Executive Deputy Commissioner Ron Epstein at 1 (Oct. 24, 2019)).(Taylor, Nathan) (Entered: 04/10/2025)

1 Exhibit 1 - Letter from Secretary Sean Duffy to Governor Kathy Hochul (Feb. 19,

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2 Exhibit 2 - Agreement among FHWA, State DOT, Triborough and New York City Depart

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3 Exhibit 3 - Letter from Executive Director Gloria Shepherd to Commissioner Rodri

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4 Exhibit 4 - Letter from Executive Director Shepherd to City DOT Commissioner Rod

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5 Exhibit 5 - Expression of Interest (June 17, 2019)

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6 Exhibit 6 - Letter from Administrator Nicole Nason to Executive Deputy Commissio

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NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nathan Michael Potter Taylor to RE-FILE Document No. 56 Intervenor Complaint,,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Intervenor 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. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nathan Michael Potter Taylor to RE-FILE Document No. 56 Intervenor Complaint,,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Intervenor 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. (pc)

AFFIDAVIT OF SERVICE of Summons and Intervenor Complaint,,,. Sean Duffy answer due 4/28/2025; Federal Highway Administration answer due 4/28/2025; Gloria M. Shepherd answer due 4/28/2025; United States Department of Transportation answer due 4/28/2025. Service was made by Mail. Document filed by New York City Department of Transportation..(Taylor, Nathan) (Entered: 04/14/2025)

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/9/2025 before Judge Lewis J. Liman. Court Reporter/Transcriber: Lisa Picciano Franko, (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 5/7/2025. Redacted Transcript Deadline set for 5/19/2025. Release of Transcript Restriction set for 7/15/2025..(McGuirk, Kelly) (Entered: 04/16/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/9/2025 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: 04/16/2025)

FIRST AMENDED COMPLAINT amending 37 Intervenor Complaint,, 58 Intervenor Complaint,,, 1 Complaint, against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation.Document filed by Triborough Bridge and Tunnel Authority, New York State Department of Transportation, Metropolitan Transportation Authority, New York City Department of Transportation. Related document: 37 Intervenor Complaint,, 58 Intervenor Complaint,,, 1 Complaint,. (Attachments: # 1 Exhibit A - June 2019 Expression of Interest, # 2 Exhibit B - VPPP Agreement, # 3 Exhibit C - Feb. 19, 2025 Letter from S. Duffy, # 4 Exhibit D - Mar. 18, 2025 Letter from S. Duffy, # 5 Exhibit E - Mar. 20, 2025 Letter from G. Shepherd, # 6 Exhibit F - Urban Partnership Agreement, # 7 Exhibit G - Oct. 2019 FHWA Response, # 8 Exhibit H - Feb. 20, 2025 Letter from G. Shepherd, # 9 Exhibit I - Mar. 30, 2025 Letter from J. Lieber).(Kaplan, Roberta) (Entered: 04/18/2025)

1 Exhibit A - June 2019 Expression of Interest

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2 Exhibit B - VPPP Agreement

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3 Exhibit C - Feb. 19, 2025 Letter from S. Duffy

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4 Exhibit D - Mar. 18, 2025 Letter from S. Duffy

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5 Exhibit E - Mar. 20, 2025 Letter from G. Shepherd

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6 Exhibit F - Urban Partnership Agreement

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7 Exhibit G - Oct. 2019 FHWA Response

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8 Exhibit H - Feb. 20, 2025 Letter from G. Shepherd

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9 Exhibit I - Mar. 30, 2025 Letter from J. Lieber

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AMENDED INTERVENOR COMPLAINT against Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation.Document filed by Sierra Club, Riders Alliance..(Ladin, Dror) (Entered: 04/18/2025)

NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Roberta Ann Kaplan to RE-FILE Document No. 62 Amended Complaint. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. 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. (jgo)

LETTER addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated April 23, 2025 re: April 21, 2025 Letter from Secretary Duffy. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 04/23/2025)

LETTER addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 23, 2025 re: Administrative Record & April 20, 2025 Secretary Duffy Letter. Document filed by Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation. (Attachments: # 1 Exhibit A - Secretary Duffy April 20, 2025 Letter).(Tarczynska, Dominika) (Entered: 04/23/2025)

1 Exhibit A - Secretary Duffy April 20, 2025 Letter

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LETTER addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 23, 2025 re: Administrative Record & April 21, 2025 Letter. Document filed by Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation. (Attachments: # 1 Exhibit A - April 21, 2025 Letter).(Tarczynska, Dominika) (Entered: 04/23/2025)

1 Exhibit A - April 21, 2025 Letter

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LETTER MOTION to Seal ECF No. 65 addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 24, 2025. Document filed by Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation..(Tarczynska, Dominika) (Entered: 04/24/2025)

LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from Dror Ladin dated April 24, 2025 re: 67 LETTER MOTION to Seal ECF No. 65 addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 24, 2025. . Document filed by Riders Alliance, Sierra Club..(Ladin, Dror) (Entered: 04/24/2025)

ORDER granting 67 Letter Motion to Seal. Defendants' letter motion to seal the document at Dkt. No. 65 raises two distinct questions: (1) whether, in light of the document's public filing on the docket and subsequent republication by media outlets, there exists sufficient basis to grant the motion to seal, and (2) whether Defendants' inadvertent publication of the document waives any applicable privilege. Any opposition to the motion to seal shall be filed no later than May 2, 2025, and shall address both these questions. Any letter in further support of sealing shall be filed no later than May 7, 2025. The document at Dkt. No. 65 shall remain temporarily sealed with access limited to the Federal Defendants and to the Court pending further order of the Court. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/24/2025) (ks) (Entered: 04/24/2025)

Pretrial Conference - Initial

LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Dror Ladin dated May 2, 2025 re: 67 LETTER MOTION to Seal ECF No. 65 addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 24, 2025. . Document filed by Riders Alliance, Sierra Club..(Ladin, Dror) (Entered: 05/02/2025)

LETTER addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated May 2, 2025 re: Preliminary Injunction Briefing. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority. (Attachments: # 1 Exhibit Email Correspondence).(Kaplan, Roberta) (Entered: 05/02/2025)

1 Exhibit Email Correspondence

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LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated May 2, 2025 re: 67 LETTER MOTION to Seal ECF No. 65 addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 24, 2025. . Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 05/02/2025)

MEMO ENDORSEMENT on re: 71 Letter, filed by Triborough Bridge and Tunnel Authority, Metropolitan Transportation Authority, ENDORSEMENT: The Court will take Plaintiffs' proposed briefing schedule under advisement. Plaintiffs may file a motion for a preliminary injunction by May 5, 2025. No later than May 3, 2025 at 5pm, Defendants shall file a letter stating why the Court should not require that Defendants' opposition to the preliminary injunction motion be filed by May 13, 2025, with Plaintiffs' reply due on May 19, 2025. Plaintiffs may respond to Defendants' position on the briefing schedule no later than 12pm on May 4, 2025. SO ORDERED (Signed by Judge Lewis J. Liman on 5/2/2025) ( Motions due by 5/5/2025., Responses due by 5/13/2025, Replies due by 5/19/2025.) (ks) (Entered: 05/02/2025)

LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Andrew G. Frank dated May 2, 2025 re: 67 LETTER MOTION to Seal ECF No. 65 addressed to Judge Lewis J. Liman from Dominika Tarczynska dated April 24, 2025. . Document filed by New York State Department of Transportation..(Frank, Andrew) (Entered: 05/02/2025)

LETTER addressed to Judge Lewis J. Liman from Christine S. Poscablo dated May 3, 2025 re: Response to Plaintiffs' Letter Requesting Preliminary Injunction Briefing Schedule and Court's May 2, 2025 Order Directing a Response. Document filed by Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation. (Attachments: # 1 Exhibit Email Correspondence).(Poscablo, Christine) (Entered: 05/03/2025)

1 Exhibit Email Correspondence

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LETTER addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated May 4, 2025 re: Response to Defendants' May 3, 2025 Letter Regarding Preliminary Injunction Briefing. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta) (Entered: 05/04/2025)

ORDER. Plaintiffs may file a motion for a preliminary injunction by May 5, 2025. Defendants' opposition is due May 16, 2025. Plaintiffs' reply in support of the motion is due May 22, 2025. If the Court decides it is necessary, the Court will hold a hearing on the preliminary injunction motion on May 27, 2025 at 10:00 AM. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (MB) (Entered: 05/04/2025)

Order

NOTICE OF APPEARANCE by Michael Benjamin Bruns on behalf of Sean Duffy, Federal Highway Administration, Gloria M. Shepherd, United States Department of Transportation..(Bruns, Michael)

MOTION for Leave to File CONSOLIDATED SECOND AMENDED COMPLAINT . Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta)

MEMORANDUM OF LAW in Support re: [79] MOTION for Leave to File CONSOLIDATED SECOND AMENDED COMPLAINT . . Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority. (Attachments: (1) Exhibit 1 - Second Amended Complaint, (2) Exhibit 2 - Blackline against Second Amended Complaint).(Kaplan, Roberta)

1 Exhibit 1 - Second Amended Complaint

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2 Exhibit 2 - Blackline against Second Amended Complaint

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LETTER MOTION for Leave to File Excess Pages addressed to Judge Lewis J. Liman from Roberta A. Kaplan, dated May 5, 2025. Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta)

MOTION for Preliminary Injunction . Document filed by Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority..(Kaplan, Roberta)