Case: Daniels-Finegold v. Massachusetts Bay Transportation Authority

1:02-cv-11504 | U.S. District Court for the District of Massachusetts

Filed Date: July 25, 2002

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Case Summary

In the U.S. District Court for the District of Massachusetts, on July 25, 2002, eight named plaintiffs sued the Massachusetts Bay Transportation Authority ("MBTA"), and two of its' officials, for what the plaintiffs alleged was a systematic failure by the defendants to provide basic, necessary public transportation services to plaintiffs and other similarly situated persons having physical, medical, and sensory disabilities. According to the complaint, the defendants' conduct violated the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12163, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Plaintiffs sought class action status for their case, and declaratory and injunctive relief to mandate compliance with these federal statutes. The complaint asked that the court require MBTA to make numerous specific improvements, such as making stations accessible, providing directional signage, providing telecommunications access, improving passenger elevators, preventing bus drivers from failing to stop for consumers with disabilities, and keeping wheelchair lifts in working condition. The complaint set out specific examples of how each named plaintiff repeatedly suffered from the MBTA's policies, practices and insensitive employees' conduct, and the MBTA's failure to provide equal access to bus and train facilities, as compared to the access available to non-disabled consumers. The plaintiffs, represented by attorneys from Greater Boston Legal Services, asked also that the court award attorneys' fees and costs.

On September 17, 2002, the MBTA filed an answer to the complaint and, two weeks later, the parties agreed to dismiss the MBTA officials from the case. After a year in which discovery presumably occurred, the plaintiffs filed an amended complaint on February 9, 2004, as well as a motion that the court certify the case as a class action. The amended complaint added another individual plaintiff, but also added an organizational plaintiff, the Boston Center for Independent Living ("BCIL"). The complaint explained that, in addition to providing services and advocacy for persons with disabilities, the majority of the staff and board of the BCIL were persons with disabilities. The thrust of the allegations and relief sought by the amended complaint matched the original complaint.

On February 17, 2004, the court certified plaintiffs' proposed class in the lawsuit. The class included all individuals with mobility, hearing, or visual disabilities, a defined by Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131(2), who use, will use, or would use the bus, light rail, and heavy rail rapid transit services operated by the MBTA who are, or will in the future be, denied equal use of these services because the services are not readily accessible to and usable by individuals with such disabilities;

Depositions and the discovery process continued in the following months. On July 25, 2005, plaintiffs moved for issuance of a preliminary injunction, but two days later joined with the defendant in a motion to stay proceedings. District Judge Morris E. Lasker granted the stay on August 1, 2005. Evidently, settlement discussions occurred in the ensuing period, because on April 20, 2006, Judge Lasker granted the parties' joint motion to approve an April 10, 2006, settlement agreement submitted to the court. The judge ordered publication of the proposed settlement and set a fairness hearing for June 15, 2006.

On June 15, 2006, following a hearing, the judge issued his unpublished order and final judgment approving the settlement. The settlement contained specific obligations for the MBTA to improve aspects of, for example, bus and/or train operations, maintenance, purchase, rehabilitation, access emergencies, station and elevator improvements, and service planning and performance; to provide alternative transportation service, updated staff training and management systems, and improved complaint response; to study accessible service needs, encourage use by disabled persons of MBTA services, and educate the public about the MBTA's providing accessible services; and to conduct bus operator performance monitoring which, itself, would be monitored by a jointly-selected independent court-appointed monitor responsible for assessing compliance with the settlement agreement. The agreement set out a five-year period for the obligations it imposed, with provision for modification of the period and the obligations, as well as dispute resolution.

The docket sheet for the case reflects that, in January 2007, an independent monitor was appointed by Judge Lasker, at the parties' joint request. We have no information showing more recent activity in the case.

Summary Authors

Mike Fagan (6/5/2008)

People

Judge(s)

Attorney for Plaintiff

Kaplan, Todd (Massachusetts)

Attorney for Defendant

Erlich, Scott E. (Massachusetts)

Henderson, David C. (Massachusetts)

Expert/Monitor/Master/Other

Bolzan, Anthony L. (Massachusetts)

Doucette, Tarmattie (Massachusetts)

Judge(s)

Lasker, Morris Edward (Massachusetts)

Attorney for Plaintiff

Kaplan, Todd (Massachusetts)

Manning, Daniel S. (Massachusetts)

Mitchell-Smith, Caryn (Massachusetts)

Attorney for Defendant

Erlich, Scott E. (Massachusetts)

Henderson, David C. (Massachusetts)

Llach, Salvador M. (Massachusetts)

Mitchell, William A. (Massachusetts)

Other

Bolzan, Anthony L. (Massachusetts)

Doucette, Tarmattie (Massachusetts)

Documents in the Clearinghouse

Documents in this case

1:02-cv-11504	Docket (PACER)	Feb. 1, 2007	Feb. 1, 2007 Docket
1 1:02-cv-11504	Complaint Harris v. Massachusetts Bay Transportation Authority	July 25, 2002	July 25, 2002 Complaint
11 1:02-cv-11504	Stipulation of Dismissal of Defendants James H. Scanlon and Michael E. Mulhern Harris v. Massachusetts Bay Transportation Authority	Oct. 2, 2002	Oct. 2, 2002 Pleading / Motion / Brief
22 1:02-cv-11504	Amended Complaint	Feb. 9, 2004	Feb. 9, 2004 Complaint
48 1:02-cv-11504	Order Granting Preliminary Approval of Settlement Agreement and Notice of Fairness Hearing	April 20, 2006	April 20, 2006 Order/Opinion
50 1:02-cv-11504	Order for Final Judgment	June 15, 2006	June 15, 2006 Order/Opinion
50-1 1:02-cv-11504	Settlement Agreement	June 15, 2006	June 15, 2006 Settlement Agreement

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Docket

Last updated March 28, 2025, 8:10 a.m.

ECF Number	Date	Description	Link
1	July 25, 2002	Complaint filed. Case assigned to Judge: Lasker. Receipt #: 40724 Amount:$ 150.00. Fee Status: paid (sat) (Entered: 07/26/2002)	PACER
	July 25, 2002	Summons issued for Massachusetts Bay Transportation Authority, James H. Scanlon, Michael H. Mulhern (sat) (Entered: 07/26/2002)	PACER
2	Aug. 8, 2002	Return receipt received for mail sent to: MBTA with delivery on 7/26/02 accepted by: n/a delivered at: Boston, MA (seh) (Entered: 08/08/2002)	PACER
3	Aug. 8, 2002	Return receipt received for mail sent to: James H. Scanlon with delivery on 7/26/02 accepted by: n/a delivered at: Boston, MA (seh) (Entered: 08/08/2002)	PACER
4	Aug. 8, 2002	Return receipt received for mail sent to: Michael H. Mulhern with delivery on 7/26/02 accepted by: n/a delivered at: Boston, MA (seh) (Entered: 08/08/2002)	PACER
5	Sept. 17, 2002	Motion by James H. Scanlon, Michael H. Mulhern to dismiss , filed; c/s. (sat) (Entered: 09/19/2002)	PACER
6	Sept. 17, 2002	Memorandum by James H. Scanlon, Michael H. Mulhern in support of [5−1] motion to dismiss, filed; c/s. (sat) (Entered: 09/19/2002)	PACER
7	Sept. 17, 2002	Answer by Massachusetts Bay Tr to complaint, filed; c/s. (sat) (Entered: 09/19/2002)	PACER
8	Oct. 1, 2002	Return of service executed as to James H. Scanlon with service on 9/19/02 filed. Answer due on 10/9/02 for James H. Scanlon (seh) (Entered: 10/02/2002)	PACER
9	Oct. 1, 2002	Return of service executed as to Michael H. Mulhern with service on 9/19/02 filed. Answer due on 10/9/02 for Michael H. Mulhern (seh) (Entered: 10/02/2002)	PACER
10	Oct. 1, 2002	Return of service executed as to Massachusetts Bay Tr with service on 9/20/02 filed. Answer due on 10/10/02 for Massachusetts Bay Tr (seh) (Entered: 10/02/2002)	PACER
11	Oct. 2, 2002	Stipulation of dismissal of DEFANDANTS JAMES H. SCANLON AND MICHAEL H. MULHERN by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James Scanlon, Michael H. Mulhern without prejudice, filed; c/s. (sat) (Entered: 10/04/2002)	PACER
	Oct. 7, 2002	Judge Morris E. Lasker. Endorsement re: [11−1] dismiss/dismissal stipulation.....So ordered. cc/cl. (sat) (Entered: 10/08/2002)	PACER
	Oct. 8, 2002	Mail sent to Aysha Batson returned by Post Office because: unclaimed. (sat) (Entered: 10/08/2002)	PACER
12	Oct. 17, 2002	Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James H. Scanlon, Michael H. Mulhern for approval of proposed order ounder L.R. 16.1 , filed. . (seh) (Entered: 10/18/2002)	PACER
13	Oct. 18, 2002	Judge Morris E. Lasker . Order entered under L.R. 16.1. [EOD Date 10/25/02] cc/cl (seh) (Entered: 10/25/2002)	PACER
	Oct. 18, 2002	Judge Morris E. Lasker . Endorsed Order entered granting [12−1] joint motion for approval of proposed order ounder L.R. 16.1 . MOTION ALLOWED. cc/cl [EOD Date 10/25/02] (seh) (Entered: 10/25/2002)	PACER
14	Nov. 12, 2002	Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James H. Scanlon, Michael H. Mulhern to extend time to 1/17/03 to compliance	PACER
15	Jan. 17, 2003	Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James H. Scanlon, Michael H. Mulhern to extend time to March 28,2003 to regarding compliance with Local Rule 16.1 , filed. c/s . (ghh) (Entered: 01/17/2003)	PACER
	Jan. 22, 2003	Judge Morris E. Lasker . Endorsed Order entered granting [15−1] joint motion to extend time to March 28,2003 to regarding compliance with Local Rule 16.1 . [EOD Date 1/22/03] cc/cl (ghh) (Entered: 01/22/2003)	PACER
16	March 25, 2003	Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, James H. Scanlon, Michael H. Mulhern, MBTA to extend time to 7/28/03 regarding compliance with L.R. 16.1 , filed. . (seh) (Entered: 03/27/2003)	PACER
	March 31, 2003	Judge Morris E. Lasker . Endorsed Order entered granting [16−1] joint motion to extend time to 7/28/03 regarding compliance with L.R. 16.1. MOTION ALLOWED. cc/cl [EOD Date 4/2/03] (seh) (Entered: 04/02/2003)	PACER
17	July 22, 2003	REPORT and JOINT MOTION for Extension of Time of the March 31, 2003 Order to October 31, 2003 filed by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Massachusetts Bay Transportation Authority, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Tebo, Susan) (Entered: 07/23/2003)	PACER
	July 28, 2003	Judge Morris E. Lasker : ORDER entered−motion allowed. re 17 MOTION for Extension of Time to October 31, 2003 filed by Massachusetts Bay Transportation Authority, Eileen Brewster, Janis Harris, Matlyn D. Starks, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach.cc/cl(Howarth, George) (Entered: 07/29/2003)	PACER
18	Oct. 23, 2003	REPORT AND JOINT MOTION for Extension of Time to 12/5/2003 for discovery by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Massachusetts Bay Transportation Authority, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Holahan, Sandra) (Entered: 10/28/2003)	PACER
	Oct. 29, 2003	Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 18 Motion for Extension of Time till December 5, 2003 regarding compliance with Local Rule 16.1.cc/cl (Howarth, George) (Entered: 11/05/2003)	PACER
19	Dec. 2, 2003	REPORT &JOINT MOTION to Extend Time to 11/5/03 Order under local rule by Reginald Clark, Janis Harris, Massachusetts Bay Transportation Authority, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Johnson, Jay) (Entered: 12/03/2003)	PACER
	Dec. 8, 2003	Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 19 Motion for Extension of Time up to and including March 5, 2004.cc/cl (Howarth, George) (Entered: 12/15/2003)	PACER
20	Feb. 4, 2004	MOTION for Leave to File Amended Complaint by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Holahan, Sandra) (Entered: 02/06/2004)	PACER
21	Feb. 4, 2004	MOTION to Certify Class by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Rogera Robinson, Gene Smith, Matlyn D. Starks. (Attachments: # 1 Exhibit A (NOT SCANNED))(Holahan, Sandra) (Entered: 02/06/2004)	PACER
	Feb. 9, 2004	Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 21 Motion to Certify Class on Consent.cc/cl (Howarth, George) (Entered: 02/17/2004)	PACER
	Feb. 9, 2004	Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 20 Motion for Leave to File Amended Complaint.cc/cl (Howarth, George) (Entered: 02/17/2004)	PACER
	Feb. 9, 2004	***Attorney Daniel S. Manning for MYRNAIRIS CEPEDA; JOANNE DANIELS−FINEGOLD; ANDREW FORMAN; MADELYN JOAN GOLDEN; DANFORD LARKIN; ROBERT PARK; Boston Center For Independent Living, Inc. and MAUREEN CANCEMI, Taramattie Doucette for MYRNAIRIS CEPEDA; JOANNE DANIELS−FINEGOLD; ANDREW FORMAN; MADELYN JOAN GOLDEN; DANFORD LARKIN; ROBERT PARK; Boston Center For Independent Living, Inc. and MAUREEN CANCEMI added. (Howarth, George) (Entered: 02/17/2004)	PACER
23	March 1, 2004	JOINT MOTION for Scheduling Conference filed by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, Massachusetts Bay Transportation Authority, ROBERT PARK, Rogera Robinson, Gene Smith.(Tebo, Susan) (Entered: 03/02/2004)	PACER
24	March 3, 2004	NOTICE of Scheduling Conference Scheduling Conference set for 4/8/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. cc/cl(Howarth, George) (Entered: 03/03/2004)	PACER
	March 3, 2004	Notice Resetting Hearing. Hearing rescheduled from April 8, 2004 at 2:15 p.m: to: 04/12/04 at 2:15 p.m..cc/cl (Howarth, George) (Entered: 03/03/2004)	PACER
25	March 12, 2004	ANSWER to Amended Complaint by Massachusetts Bay Transportation Authority.(Holahan, Sandra) (Entered: 03/17/2004)	PACER
	April 5, 2004	NOTICE OF RESCHEDULING Scheduling Conference set April 12, 2004 is now set for 4/15/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George) (Entered: 04/05/2004)	PACER
26	April 8, 2004	JOINT STATEMENT re scheduling conference. (Howarth, George) (Entered: 04/13/2004)	PACER
27	April 8, 2004	CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Bay Transportation Authority.(Howarth, George) (Entered: 04/13/2004)	PACER
28	April 13, 2004	CERTIFICATION pursuant to Local Rule 16.1 by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, ROBERT PARK, Rogera Robinson, Gene Smith.(Howarth, George) (Entered: 04/21/2004)	PACER
29	April 26, 2004	Judge Morris E. Lasker : ORDER entered SCHEDULING ORDER:Fact Discovery due by 12/31/2004.Pltf's expert disclosures by 01/31/05,deft's expert disclosures by 02/28,2005. Expert deposition completed on or before 03/31/05. Motions due by 4/15/2005, respond due within 21 days.(Howarth, George) (Entered: 04/29/2004)	PACER
30	July 13, 2004	JOINT MOTION for ENTRY of Stipulated Protective Order by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, Massachusetts Bay Transportation Authority, ROBERT PARK, Rogera Robinson, Gene Smith.(Howarth, George) (Entered: 07/20/2004)	PACER
31	Aug. 4, 2004	Judge Morris E. Lasker : ORDER entered STIPULATEDPROTECTIVE ORDER(Howarth, George) (Entered: 08/05/2004)	PACER
32	Nov. 12, 2004	MOTION To take more than Ten Depositions and request for oral arguments. by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, ROBERT PARK, Rogera Robinson, Gene Smith.(Howarth, George) (Entered: 11/15/2004)	PACER
33	Nov. 12, 2004	MEMORANDUM in Support re 32 MOTION To take more than Ten Depositions filed by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, ROBERT PARK, Rogera Robinson, Gene Smith. (Howarth, George) (Entered: 11/15/2004)	PACER
35	Nov. 24, 2004	Opposition re 32 MOTION To take more than Ten Depositions filed by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Howarth, George) (Entered: 12/01/2004)	PACER
34	Dec. 1, 2004	MOTION for Leave to File Amended Motion to Take More Than Ten Depositions by JOANNE DANIELS−FINEGOLD. (Attachments: # 1)(Manning, Daniel) (Entered: 12/01/2004)	PACER
	Dec. 1, 2004	NOTICE of Hearing on Motion 32 MOTION To take more than Ten Depositions: Motion Hearing set for 12/8/2004 10:00 AM in Courtroom 8 before Judge Morris E. Lasker. (Howarth, George) (Entered: 12/01/2004)	PACER
	Dec. 8, 2004	ELECTRONIC Clerk's Notes for proceedings held before Judge Morris E. Lasker : Motion Hearing held on 12/8/2004 re 32 MOTION To take more than Ten Depositions filed by Boston Center For Independent Living, Inc., Rogera Robinson, Gene Smith, Reginald Clark, JOANNE DANIELS−FINEGOLD, MADELYN JOAN GOLDEN, MYRNAIRIS CEPEDA, MAUREEN CANCEMI, ANDREW FORMAN, DANFORD LARKIN, ROBERT PARK. Arguments; motion taken under advisement (Court Reporter none.) (Howarth, George) (Entered: 12/10/2004)	PACER
38	Dec. 13, 2004	Judge Morris E. Lasker : ORDER entered denying 32 Motion Take more than 10 depositions.For full text see docket no 38 . (Howarth, George) Modified on 2/11/2005 (Howarth, George). Modified on 6/22/2005 (Catino2, Theresa). (Entered: 01/04/2005)	PACER
37	Dec. 27, 2004	NOTICE of Appearance by Salvador M. Llach on behalf of Massachusetts Bay Transportation Authority. c/s. (Bell, Marie) (Entered: 12/30/2004)	PACER
36	Dec. 29, 2004	JOINT MOTION to Amend 26 Joint statement re scheduling conference by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, Massachusetts Bay Transportation Authority, ROBERT PARK, Rogera Robinson, Gene Smith. c/s.(Bell, Marie) (Entered: 12/30/2004)	PACER
	Jan. 4, 2005	Judge Morris E. Lasker : ORDER entered granting 36 Motion to Amend Scheduling Order. (Howarth, George) Modified on 2/11/2005 (Howarth, George). Modified on 6/22/2005 (Catino2, Theresa). (Entered: 01/07/2005)	PACER
39	March 30, 2005	JOINT MOTION to Amend Scheduling Order by Boston Center For Independent Living, Inc., ROBERT PARK, DANFORD LARKIN, ANDREW FORMAN, MAUREEN CANCEMI, MYRNAIRIS CEPEDA, MADELYN JOAN GOLDEN, JOANNE DANIELS−FINEGOLD, Rogera Robinson, Gene Smith, Reginald Clark, Massachusetts Bay Transportation Authority.(Howarth, George) (Entered: 04/04/2005)	PACER
	April 5, 2005	NOTICE of Hearing re Status Conference :Hearing set for 4/13/2005 10:00 AM in Courtroom 8 before Judge Morris E. Lasker. (Howarth, George) (Entered: 04/05/2005)	PACER
	April 13, 2005	Clerk's Notes for proceedings held before Judge Morris E. Lasker : Status Conference held on 4/13/2005.Proposed amended scheduling order adopted by the Court. Parties to file joint report of progress of case by beginning October 2005 (Court Reporter none.) (Howarth, George) (Entered: 04/19/2005)	PACER
	April 13, 2005	Judge Morris E. Lasker : ORDER entered granting 39 Motion to Amend Scheduling Order. (Howarth, George) (Entered: 04/19/2005)	PACER
41	July 25, 2005	MEMORANDUM in Support re 40 MOTION for Preliminary Injunction filed by JOANNE DANIELS−FINEGOLD. (Manning, Daniel) (Entered: 07/25/2005)	PACER
42	July 25, 2005	MOTION for Leave to File Memorandum In Excess of Twenty Pages by JOANNE DANIELS−FINEGOLD.(Manning, Daniel) (Entered: 07/25/2005)	PACER
43	July 27, 2005	JOINT MOTION to Stay. Counsel will file updated report to the Court in early October, 2005. by Boston Center For Independent Living, Inc., ROBERT PARK, DANFORD LARKIN, ANDREW FORMAN, MAUREEN CANCEMI, MYRNAIRIS CEPEDA, MADELYN JOAN GOLDEN, JOANNE DANIELS−FINEGOLD, Rogera Robinson, Gene Smith, Reginald Clark, Massachusetts Bay Transportation Authority.(Howarth, George) (Entered: 08/01/2005)	PACER
	Aug. 1, 2005	Judge Morris E. Lasker : ORDER entered granting 43 Motion to Stay (Howarth, George) (Entered: 08/02/2005)	PACER
44	Oct. 12, 2005	JOINT STATUS REPORT by Boston Center For Independent Living, Inc., ROBERT PARK, DANFORD LARKIN, ANDREW FORMAN, MAUREEN CANCEMI, MYRNAIRIS CEPEDA, MADELYN JOAN GOLDEN, JOANNE DANIELS−FINEGOLD, Rogera Robinson, Gene Smith, Reginald Clark, Massachusetts Bay Transportation Authority. (Howarth, George) (Entered: 10/21/2005)	PACER
45	March 1, 2006	First NOTICE of Withdrawal of Appearance by Taramattie Doucette on behalf of Attorney Caryn Mitchell. (Doucette, Taramattie) (Entered: 03/01/2006)	PACER
46	March 10, 2006	First MOTION to Intervene Thomas Gilbert as a Named Plaintiff by JOANNE DANIELS−FINEGOLD.(Doucette, Taramattie) (Entered: 03/10/2006)	PACER
	March 15, 2006	NOTICE of Hearing: Status Conference set for 3/28/2006 02:30 PM in Courtroom 8 before Senior Judge Morris E. Lasker. (Howarth, George) (Entered: 03/15/2006)	PACER
	March 20, 2006	Judge Morris E. Lasker : Electronic ORDER entered granting on consent 46 Motion to Intervene (Howarth, George) (Entered: 03/20/2006)	PACER
	March 28, 2006	ElectronicClerk's Notes for proceedings held before Judge Morris E. Lasker : Status Conference held on 3/28/2006.The status of the case was reviewed. (Court Reporter none.) (Howarth, George) (Entered: 03/30/2006)	PACER
47	April 14, 2006	Joint MOTION for Settlement Approval by JOANNE DANIELS−FINEGOLD. (Attachments: # 1 Settlement Agreement# 2 Settlement Notice# 3 Summary of Settlement Notice# 4 Text of Proposed Order Proposed Order)(Manning, Daniel) (Entered: 04/14/2006)	PACER
48	April 20, 2006	Judge Morris E. Lasker : ORDER entered granting 47 Motion for Order Granting Preliminary Approval of Settlement Agreement and Notice of Fairness Hearing for June 15, 2006 at 9:30 a.m.For Full Text see Docket No. 48 . (Howarth, George) (Entered: 04/20/2006)	PACER
	April 20, 2006	NOTICE of Hearing: FAIRNESS Hearing set for 6/15/2006 09:30 AM in Courtroom 8 before Senior Judge Morris E. Lasker. (Howarth, George) (Entered: 04/20/2006)	PACER
49	June 1, 2006	MOTION for Attorney Fees by all plaintiffs. (Attachments: # 1 Affidavit Manning Affidavit)(Manning, Daniel) (Entered: 06/01/2006)	PACER
	June 5, 2006	E−Mail Notice returned as undeliverable. Name of Addressee: Salvador Llach. The ECF Help Desk has contacted the law firm, who advised that attorney Llach is no longer employed at that office. The attorney's email address has been removed from the ECF database to prevent the return of additional undeliverable email notices. (Hurley, Virginia) (Entered: 06/05/2006)	PACER
50	June 15, 2006	Judge Morris E. Lasker : ORDER entered. FINAL JUDGMENT (Attachments: # 1 Exhibit 1−Settlement Agreement)(Howarth, George) (Entered: 06/16/2006)	PACER
	June 15, 2006	ElectronicClerk's Notes for proceedings held before Judge Morris E. Lasker : Settlement Conference held on 6/15/2006. Fairness Hearing Held. Court hears from counsel on both sides and the Court hears from the following Individuals and as Class Representatives: Joanne Daniels−Finegold,Rogera Robinson,Reginald Clark, and Robert Park. The Court signs the The Order of Final Judgment in open Court. Order to issue (Court Reporter Marcia G. Patrisso.) (Howarth, George) (Entered: 06/16/2006)	PACER
51	June 28, 2006	EXCERPT TRANSCRIPT of Fairness Hearing held on June 15, 2006 before Judge Lasker. Court Reporter: Marcia G. Patrisso 617/737−8728. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Scalfani, Deborah) (Entered: 06/28/2006)	PACER
	June 28, 2006	Judge Morris E. Lasker : Electronic ORDER entered.Granting on Consent re 49 MOTION for Attorney Fees filed by Eileen Brewster,, Boston Center For Independent Living, Inc.,, Janis Harris,, Matlyn D. Starks,, Rogera Robinson,, John Alleyne,, Gene Smith,, Reginald Clark,, Louise Beach,, JOANNE DANIELS−FINEGOLD,, MADELYN JOAN GOLDEN,, MYRNAIRIS CEPEDA,, MAUREEN CANCEMI,, ANDREW FORMAN,, DANFORD LARKIN,, ROBERT PARK,, Thomas Gilbert, (Howarth, George) (Entered: 06/29/2006)	PACER
52	June 29, 2006	COMPLETE TRANSCRIPT of Fairness Hearing held on June 15, 2006 before Judge Lasker. Court Reporter: Marcia G. Patrisso 617/737−8728. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Scalfani, Deborah) (Entered: 06/29/2006)	PACER
53	Jan. 30, 2007	Joint MOTION for Order to Appoint Independent Monitor by JOANNE DANIELS−FINEGOLD.(Manning, Daniel) (Entered: 01/30/2007)	PACER
	Jan. 30, 2007	ELECTRONIC NOTICE of Hearing : For Approval of Independent Monitor.Hearing set for 2/1/2007 11:00 AM in Courtroom 8 before Senior Judge Morris E. Lasker. (Howarth, George) (Entered: 01/30/2007)	PACER
54	Jan. 31, 2007	Judge Morris E. Lasker : ORDER entered.granting re 53 Joint MOTION for Order to Appoint Independent Monitor filed by JOANNE DANIELS−FINEGOLD,(Patrick J. King Appointed as Independent Monitor(Howarth, George) (Entered: 02/02/2007)	PACER
	Jan. 31, 2007	Judge Morris E. Lasker : Electronic ORDER entered granting 53 Motion for Order appointment of independent monitor (Howarth, George) (Entered: 02/02/2007)	PACER
	Feb. 1, 2007	ElectronicClerk's Notes for proceedings held before Judge Morris E. Lasker : Status Conference held on 2/1/2007. Tkhe joint motion for appointment of a Independant monitor is approved. (Court Reporter none.) (Howarth, George) (Entered: 02/02/2007)	PACER
55	July 12, 2007	COPY OF GREEN LINE EXTENSION PROCESS REPORT. (Attachments: # 1 Exhibit A Copy of letter to Mr. Woelfel# 2 Exhibit B copy of letter to Mr.Talbot)(Howarth, George) (Entered: 07/17/2007)	PACER

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 25, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with disabilities who use, or would use, the transportation services offered by MBTA who are, or will in the future be, denied equal use of these services because they aren't readily accessible to and usable by individuals with disabilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Masachusetts Bay Transportation Authority

Case Details

Causes of Action:

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

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

Other Dockets:

District of Massachusetts 1:02-cv-11504

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Order Duration: 2006 - 2011

Recommended Citation

Case Summary of Daniels-Finegold v. Massachusetts Bay Transportation Authority, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/9807/ (last updated 6/5/2008).