Case: Metropolitan Transportation Authority v. Duffy

1:25-cv-01413 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 19, 2025

Case Ongoing

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Case Summary

(This summary is temporary, while we research the case.) On February 19, 2025, the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority filed this lawsuit in the United States District Court for the Southern District of New York. They named the U.S. Department of Transportation, the Federal Highway Administration, and the corresponding agency heads as Defendants. On January 5, 2025, the State of New York implemented a new Congestion Pricing program designed to reduce…

(This summary is temporary, while we research the case.) On February 19, 2025, the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority filed this lawsuit in the United States District Court for the Southern District of New York. They named the U.S. Department of Transportation, the Federal Highway Administration, and the corresponding agency heads as Defendants. On January 5, 2025, the State of New York implemented a new Congestion Pricing program designed to reduce traffic and commute times in and around New York City, with agreement from the federal government that the state could assess tolls on vehicles entering federal highways around the City. However, on February 19, 2025, the Trump Administration attempted to terminate the Congestion Pricing program in a letter issued to the Governor of New York that purported to rescind the federal government’s agreement. The Plaintiffs alleged that Defendants’ actions exceeded presidential authority and violated the Due Process Clause, the National Environmental Policy Act, and the Administrative Procedure Act.

Summary Authors

Oliver Farnum (2/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69652290/parties/metropolitan-transportation-authority-v-duffy/


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Documents in the Clearinghouse

Document
1

1:25-cv-01413

Complaint

Feb. 19, 2025

Feb. 19, 2025

Complaint
31

1:25-cv-01413

Memorandum of Law in Support of the New York State Department of Transportation's Motion to Intervene as Plaintiff

March 19, 2025

March 19, 2025

Pleading / Motion / Brief
30

1:25-cv-01413

Notice of Motion

March 19, 2025

March 19, 2025

Pleading / Motion / Brief
35

1:25-cv-01413

Letter

No Court

March 25, 2025

March 25, 2025

Notice Letter
38

1:25-cv-01413

Complaint-in-Intervention

March 27, 2025

March 27, 2025

Complaint
45

1:25-cv-01413

Notice of Motion to Intervene - Fed. R. Civ. P. 24

April 2, 2025

April 2, 2025

Pleading / Motion / Brief
62

1:25-cv-01413

Amended Complaint

April 18, 2025

April 18, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69652290/metropolitan-transportation-authority-v-duffy/

Last updated April 22, 2025, 6:46 p.m.

ECF Number Description Date Link Date / Link
1

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

View on RECAP

Feb. 19, 2025

Feb. 19, 2025

Clearinghouse
2

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

Feb. 19, 2025

Feb. 19, 2025

RECAP
3

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)

Feb. 19, 2025

Feb. 19, 2025

RECAP
4

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)

Feb. 19, 2025

Feb. 19, 2025

RECAP
5

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)

Feb. 19, 2025

Feb. 19, 2025

RECAP
6

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)

Feb. 19, 2025

Feb. 19, 2025

RECAP
7

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)

Feb. 19, 2025

Feb. 19, 2025

RECAP
8

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

Feb. 19, 2025

Feb. 19, 2025

RECAP
9

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

Feb. 19, 2025

Feb. 19, 2025

RECAP
10

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

Feb. 19, 2025

Feb. 19, 2025

RECAP

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

Feb. 20, 2025

Feb. 20, 2025

PACER

Case Designated ECF. (jgo)

Feb. 20, 2025

Feb. 20, 2025

PACER

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

Feb. 20, 2025

Feb. 20, 2025

PACER

***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)

Feb. 20, 2025

Feb. 20, 2025

PACER
11

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

Feb. 20, 2025

Feb. 20, 2025

RECAP
12

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

Feb. 20, 2025

Feb. 20, 2025

PACER
13

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

Feb. 20, 2025

Feb. 20, 2025

PACER
14

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

Feb. 20, 2025

Feb. 20, 2025

PACER

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

Feb. 20, 2025

Feb. 20, 2025

PACER

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

Feb. 20, 2025

Feb. 20, 2025

PACER

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)

Feb. 20, 2025

Feb. 20, 2025

PACER
15

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

Feb. 20, 2025

Feb. 20, 2025

PACER
16

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

Feb. 20, 2025

Feb. 20, 2025

PACER
17

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

Feb. 20, 2025

Feb. 20, 2025

RECAP
18

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

Feb. 20, 2025

Feb. 20, 2025

PACER
19

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

Feb. 24, 2025

Feb. 24, 2025

RECAP
20

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)

Feb. 24, 2025

Feb. 24, 2025

RECAP
21

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)

Feb. 27, 2025

Feb. 27, 2025

RECAP
22

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

March 4, 2025

March 4, 2025

RECAP
23

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

View on RECAP

March 4, 2025

March 4, 2025

RECAP
24

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

March 4, 2025

March 4, 2025

RECAP
25

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

March 4, 2025

March 4, 2025

RECAP
26

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

March 4, 2025

March 4, 2025

RECAP
27

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)

March 4, 2025

March 4, 2025

RECAP
28

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)

March 5, 2025

March 5, 2025

RECAP
29

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)

March 18, 2025

March 18, 2025

RECAP
30

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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March 19, 2025

March 19, 2025

Clearinghouse
31

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)

March 19, 2025

March 19, 2025

Clearinghouse
32

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)

March 19, 2025

March 19, 2025

RECAP
33

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)

March 19, 2025

March 19, 2025

RECAP
34

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)

March 20, 2025

March 20, 2025

PACER

Order on Motion to Intervene

March 20, 2025

March 20, 2025

PACER
35

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)

March 25, 2025

March 25, 2025

Clearinghouse
36

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)

March 26, 2025

March 26, 2025

RECAP
37

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

View on RECAP

2 Exhibit 2. Nov. 21, 2024 Agreement

View on RECAP

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

View on RECAP

4 Exhibit 4. June 17, 2019 Expression of Interest

View on RECAP

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

View on RECAP

March 27, 2025

March 27, 2025

Clearinghouse
38

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)

March 27, 2025

March 27, 2025

Clearinghouse
39

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)

March 27, 2025

March 27, 2025

RECAP
40

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)

March 27, 2025

March 27, 2025

RECAP

Notice to Attorney Regarding Deficient Pleading

March 28, 2025

March 28, 2025

PACER

***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)

March 28, 2025

March 28, 2025

PACER
41

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)

March 28, 2025

March 28, 2025

RECAP
42

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)

March 28, 2025

March 28, 2025

RECAP
43

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)

March 31, 2025

March 31, 2025

RECAP
44

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)

April 1, 2025

April 1, 2025

RECAP
45

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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April 2, 2025

April 2, 2025

Clearinghouse
46

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)

April 2, 2025

April 2, 2025

RECAP
47

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

April 2, 2025

April 2, 2025

RECAP
48

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)

April 3, 2025

April 3, 2025

PACER

Order on Motion to Intervene

April 3, 2025

April 3, 2025

PACER
49

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)

April 4, 2025

April 4, 2025

RECAP
50

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)

April 8, 2025

April 8, 2025

PACER

Order

April 8, 2025

April 8, 2025

PACER
51

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)

April 8, 2025

April 8, 2025

RECAP
52

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)

April 8, 2025

April 8, 2025

RECAP
53

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)

April 8, 2025

April 8, 2025

RECAP
54

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)

April 8, 2025

April 8, 2025

RECAP
55

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)

April 9, 2025

April 9, 2025

RECAP
56

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

View on RECAP

3 Exhibit Letter from Executive Director Gloria Shepherd to Commissioner Rodriguez

View on RECAP

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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April 9, 2025

April 9, 2025

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57

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)

April 9, 2025

April 9, 2025

RECAP

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)

April 10, 2025

April 10, 2025

PACER

***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)

April 10, 2025

April 10, 2025

PACER
58

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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April 10, 2025

April 10, 2025

RECAP
59

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)

April 14, 2025

April 14, 2025

RECAP
60

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)

April 16, 2025

April 16, 2025

PACER
61

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)

April 16, 2025

April 16, 2025

RECAP
62

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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April 18, 2025

April 18, 2025

Clearinghouse
63

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)

April 18, 2025

April 18, 2025

RECAP

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)

April 21, 2025

April 21, 2025

PACER

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 19, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Public benefit corporations in New York City.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Transportation (Washington, D.C., District of Columbia), Federal

Federal Highway Administration (Washington, D.C.), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Transportation