Brooklyn Center for Independence of the Disabled et al v. Bloomberg et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:11-cv-06690-JMF

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Last Updated October 6, 2020 at 10:38 AM DT (8.6 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Brooklyn Center for Independence of the Disabled, Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
a nonprofit organization Julia Miriam Pinover +5106 658 644 x128 jpinover@dralegal.org

Toggle Switch Represented by Diability Rights Advocates

Name Phone Fax E-Mail
a nonprofit organization Rebecca Williford +1 510 665 8644 +1 510 665 8511 rwilliford@dralegal.org

Toggle Switch Represented by Disability Rights Advocates

Name Phone Fax E-Mail
a nonprofit organization Mary-Lee Eileen Kimber +5106 658 644 x114 mkimber@dralegal.org
a nonprofit organization Shawna L Parks +1 510 655 8644 +1 510 665 8511 sparks@dralegal.org
a nonprofit organization Sid Wolinsky +1 510 665 8644 +1 510 665 8511 swolinsky@dralegal.org

Toggle Switch Represented by Sheppard Mullin LLP

Name Phone Fax E-Mail
a nonprofit organization Daniel L. Brown , +1 212 332 3879 +1 212 332 3888 dbrown@smrh.com
No Logo Center for Independence of the Disabled, New York , Plaintiff

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
a nonprofit organization Julia Miriam Pinover +5106 658 644 x128 jpinover@dralegal.org

Toggle Switch Represented by Diability Rights Advocates

Name Phone Fax E-Mail
a nonprofit organization Rebecca Williford +1 510 665 8644 +1 510 665 8511 rwilliford@dralegal.org

Toggle Switch Represented by Disability Rights Advocates

Name Phone Fax E-Mail
a nonprofit organization Mary-Lee Eileen Kimber +5106 658 644 x114 mkimber@dralegal.org
a nonprofit organization Shawna L Parks +1 510 655 8644 +1 510 665 8511 sparks@dralegal.org
a nonprofit organization Sid Wolinsky +1 510 665 8644 +1 510 665 8511 swolinsky@dralegal.org

Toggle Switch Represented by Sheppard Mullin LLP

Name Phone Fax E-Mail
a nonprofit organization Daniel L. Brown , +1 212 332 3879 +1 212 332 3888 dbrown@smrh.com
No Logo Gregory D. Bell, Plaintiff
No Logo Tania Morales, Plaintiff
v.
Bloomberg, Michael Rubens Bloomberg, Michael Rubens, Defendant
Officially listed as "Michael R. Bloomberg"

Toggle Switch Represented by NYC Law Department

Name Phone Fax E-Mail
in his official capacity as Mayor of the City of New York Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
in his official capacity as Mayor of the City of New York Mark Galen Toews +1 718 222 2038 +1 718 222 2088 mtoews@law.nyc.gov

Toggle Switch Represented by NYC Law Department, Office of the Corporation Counsel (NYC)

Name Phone Fax E-Mail
in his official capacity as Mayor of the City of New York Martha Anne Calhoun +1 212 788 0408 +1 212 788 8877 mcalhoun@law.nyc.gov
City of New York City of New York, Defendant
Officially listed as "The City of New York"

Toggle Switch Represented by NYC Law Department

Name Phone Fax E-Mail
Space Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
Space Mark Galen Toews +1 718 222 2038 +1 718 222 2088 mtoews@law.nyc.gov

Toggle Switch Represented by NYC Law Department, Office of the Corporation Counsel (NYC)

Name Phone Fax E-Mail
Space Martha Anne Calhoun +1 212 788 0408 +1 212 788 8877 mcalhoun@law.nyc.gov
No Logo The American Red Cross, Miscellaneous Party

Toggle Switch Represented by Barnes & Thornburg, LLP

Name Phone Fax E-Mail
TERMINATED: 06/29/2012 TERESA L. JAKUBOWSKI +1 202 371 6366 +1 202 289 1330 tjakubowski@btlaw.com
United States of America United States of America, Interested Party
Citation Section 42 U.S.C. § 12112
Nature of Suit Civil Rights: Americans with Disabilities - Other
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Legal Document (Payment Possibly Required) 300 Filed: 10/6/2020, Entered: None Stipulation and Order
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      Legal Document (Payment Possibly Required) 298 Filed: 10/5/2020, Entered: None Proposed Stipulation and Order
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            Legal Document (Payment Possibly Required) 294 Filed: 6/27/2019, Entered: None extension of time
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                        Legal Document (Payment Possibly Required) 287 Filed: 12/17/2018, Entered: None Stipulation and Order
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                          Legal Document (Payment Possibly Required) 286 Filed: 12/14/2018, Entered: None extension of time
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                            Legal Document (Payment Possibly Required) 285 Filed: 10/15/2018, Entered: None Status Report
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                              Legal Document (Payment Possibly Required) 284 Filed: 10/12/2018, Entered: None Stipulation and Order
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                                Legal Document (Payment Possibly Required) 283 Filed: 10/11/2018, Entered: None extension of time
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                                  Legal Document (Payment Possibly Required) 169 Filed: 3/10/2014, Entered: None Unknown Document TypeCourt Filing
                                  ORDER granting 168 Letter Motion to Adjourn Conference. The Pretrial Conference is ADJOURNED to 5/19/2014 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/10/2014)
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                                    Legal Document (Payment Possibly Required) 168 Filed: 3/10/2014, Entered: None Unknown Document TypeCourt Filing
                                    LETTER MOTION to Adjourn Conference Unopposed Request to Change Date of May 2014 Status Conference addressed to Judge Jesse M. Furman from SID WOLINSKY dated MARCH 10, 2014. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Wolinsky, Sid) (Entered: 03/10/2014)
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                                      Legal Document (Payment Possibly Required) 167 Filed: 3/4/2014, Entered: None Unknown Document TypeCourt Filing
                                      MEMO ENDORSEMENT on re: 166 Letter, filed by Center for Independence of the Disabled, New York, Brooklyn Center for Independence of the Disabled, Tania Morales, Gregory D. Bell. ENDORSEMENT: In light of the parties' progress and the ongoing negotiations, the Court sees no need for a conference on March 5, 2014. Accordingly, the conference is ADJOURNED to May 7, 2014, at 3 p.m., at which point the Court will, in all likelihood, set deadlines and dates for litigation of the remedy issues, including, if need be, trial. No later than the Thursday before that conference, the parties shall file a joint letter updating the Court on the status of their negotiations and proposing dates and deadlines for the remainder of the litigation. If the parties believe that a conference before May 7, 2014, is warranted, they should advise the Court by letter. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/4/2014) (mro) (Entered: 03/04/2014)
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                                        Legal Document (Payment Possibly Required) 166 Filed: 2/28/2014, Entered: None Unknown Document TypeCourt Filing
                                        JOINT LETTER addressed to Judge Jesse M. Furman from Sid Wolinsky & Martha Calhoun dated 02/27/14 re: Joint Status Update. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Attachment A)(Wolinsky, Sid) (Entered: 02/28/2014)
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                                          Legal Document (Payment Possibly Required) 165 Filed: 2/27/2014, Entered: None Unknown Document TypeCourt Filing
                                          JOINT LETTER addressed to Judge Jesse M. Furman from Sid Wolinsky dated 02/27/14 re: Joint Status Update. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Attachment A)(Wolinsky, Sid) (Entered: 02/27/2014)
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                                            Legal Document (Payment Possibly Required) 164 Filed: 1/8/2014, Entered: None Unknown Document Type
                                            NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/13 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...(Rodriguez, Somari) (Entered: 01/08/2014)
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                                              Legal Document (Payment Possibly Required) 163 Filed: 1/8/2014, Entered: None Unknown Document TypeCourt Filing
                                              TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Paula Speer, (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 2/3/2014. Redacted Transcript Deadline set for 2/13/2014. Release of Transcript Restriction set for 4/11/2014.(Rodriguez, Somari) (Entered: 01/08/2014)
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                                                Legal Document (Payment Possibly Required) 162 Filed: 12/4/2013, Entered: None Unknown Document TypeCourt Filing
                                                ORDER: As discussed on the record at the conference held yesterday, it is hereby ORDERED that the Honorable James M. McGuire is appointed as a mediator to assist the parties in reaching agreement and resolving disputes with respect to remedies in this case. The parties shall participate in the mediation in good faith, and Defendants shall bear the costs of the mediation. The parties shall bring any disputes with respect to discovery to the mediator in the first instance. If the mediator does not resolve any such dispute, either party may seek a ruling from the Court by filing a letter motion, not to exceed three pages. It is further ORDERED that the parties shall submit a joint status letter, no later than February 27, 2014, that (1) updates the Court on the status of remedies discussions and (2) indicates whether the parties believe there is a need for a conference. Unless the Court indicates otherwise, the parties shall appear for a conference with the Court on March 5, 2014, at 3 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York., ( Status Conference set for 3/5/2014 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/4/2013) (lmb) (Entered: 12/04/2013)
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                                                  Legal Document (Payment Possibly Required) 161 Filed: 11/26/2013, Entered: None Unknown Document TypeCourt Filing
                                                  JOINT LETTER addressed to Judge Jesse M. Furman from SID WOLINSKY and MARTHA CALHOUN dated NOVEMBER 26, 2013 re: Joint Status Letter for Brooklyn Center for Independence of the Disabled, et al. v. Bloomberg, et al. 11-Civ-6690. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Pinover, Julia) (Entered: 11/26/2013)
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                                                    Legal Document (Payment Possibly Required) 160 Filed: 11/7/2013, Entered: None Unknown Document TypeCourt Filing
                                                    LETTER addressed to Judge Jesse M. Furman from JULIA PINOVER dated 11/07/2013 re: Plaintiffs Lead Counsel. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Pinover, Julia) (Entered: 11/07/2013)
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                                                      Legal Document 159 Filed: 11/7/2013, Entered: None Unknown Document TypeCourt Filing
                                                      OPINION AND ORDER: As noted above, the trial in this case was limited to the question of liability. Having found that the City violated the ADA, the Rehabilitation Act, and the NYCHRL in several respects, the Court will proceed to consider the issue of how to remedy those violations. Given the complexity and potential expense involved, there is no question that crafting an appropriate remedy would be better accomplished by those with expertise in such matters and through negotiation, whether court-supervised or otherwise, than by Court order. Further, the United States has indicated that it is able and willing to assist the parties and, if necessary, the Court in addressing the question of remedy. (Statement of Interest of the United States 1 n.2). The parties are therefore directed to meet and confer - in person and with representatives of the Department of Justice, if they elect to participate - about the most productive means of resolving the question of remedies through alternative dispute mechanisms. At the same time, mindful that the Court will impose remedies if the parties cannot agree on them, the parties shall discuss the process and schedule for the remaining litigation, including but not limited to whether there is a need for additional discovery, whether the parties anticipate motion practice, and whether there is a need for another trial on remedies. The parties shall submit a joint status letter with respect to these matters and any other information that the parties believe may assist the Court in advancing the case to settlement or trial no later than November 26, 2013. They shall then appear for a conference with the Court on December 3, 2013 at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Status Conference set for 12/3/2013 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/7/2013) (tn) (Entered: 11/07/2013)
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                                                        Legal Document (Payment Possibly Required) 158 Filed: 8/6/2013, Entered: None Unknown Document Type
                                                        NOTICE OF CHANGE OF ADDRESS by Julia Miriam Pinover on behalf of All Plaintiffs. New Address: Disability Rights Advocates, 40 Worth Street, 10th Floor, New York, New York, United States 10013, 212-644-8644. (Pinover, Julia) (Entered: 08/06/2013)
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                                                          Legal Document (Payment Possibly Required) 157 Filed: 5/28/2013, Entered: None Unknown Document Type
                                                          RESPONSE re: 151 Post Trial Memorandum Response to DOJ statement of interest. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 05/28/2013)
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                                                            Legal Document (Payment Possibly Required) 156 Filed: 5/24/2013, Entered: None Unknown Document Type
                                                            FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: 151 Post Trial Memorandum Response to Statement of Interest of the United States. Document filed by Michael R. Bloomberg, The City of New York.(Calhoun, Martha) Modified on 5/28/2013 (ka). (Entered: 05/24/2013)
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                                                              Legal Document (Payment Possibly Required) 155 Filed: 5/17/2013, Entered: None Unknown Document TypeCourt Filing
                                                              ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 5/15/2013 re: The parties have conferred and share in the understanding that, consistent with the Court's March 19, 2013 Order (Docket No. 124), the deadline for submissions is now May 24, 2013, which is two weeks subsequent to the May 10, 2013 filing of the Statement; however, Defendants nonetheless seek confirmation of that deadline from the court to eliminate the possibility of any misunderstanding. ENDORSEMENT: So ordered. (Signed by Judge Jesse M. Furman on 5/17/2013) (lmb) Modified on 5/20/2013 (lmb). (Entered: 05/17/2013)
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                                                                Legal Document (Payment Possibly Required) 154 Filed: 5/10/2013, Entered: None Unknown Document Type
                                                                PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 05/10/2013)
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                                                                  Legal Document (Payment Possibly Required) 153 Filed: 5/10/2013, Entered: None Unknown Document Type
                                                                  PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 05/10/2013)
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                                                                    Legal Document (Payment Possibly Required) 152 Filed: 5/10/2013, Entered: None Unknown Document Type
                                                                    POST TRIAL MEMORANDUM. Document filed by United States Of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Tinio, Rebecca) (Entered: 05/10/2013)
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                                                                      Legal Document (Payment Possibly Required) 151 Filed: 5/10/2013, Entered: None Unknown Document Type
                                                                      POST TRIAL MEMORANDUM. Document filed by United States Of America. (Attachments: # 1 Appendix)(Tinio, Rebecca) (Entered: 05/10/2013)
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                                                                        Legal Document (Payment Possibly Required) 150 Filed: 4/29/2013, Entered: None Unknown Document TypeCourt Filing
                                                                        ORDER: Pursuant to the telephone conference held on April 29, 2013, a further telephone conference shall be held on May 2, 2013, at 2 p.m. Plaintiffs' counsel should initiate the call. (Telephone Conference set for 5/2/2013 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 4/29/2013)Copies Sent By Chambers to Hon. Jesse M. Furman. (djc) (Entered: 04/30/2013)
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                                                                          Legal Document (Payment Possibly Required) 149 Filed: 4/24/2013, Entered: None Unknown Document TypeCourt Filing
                                                                          ENDORSED LETTER addressed to Judge Jesse M. Furman from Rebecca S. Tinio dated 4/23/2013 re: The Government respectfully requests a corresponding one-week extension of the deadline for submission of its Statement of Interest to May 10, 2013, in order to submit an appropriately tailored Statement. ENDORSEMENT: Application GRANTED. (Signed by Judge Jesse M. Furman on 4/23/2013) (lmb) (Entered: 04/24/2013)
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                                                                            Legal Document (Payment Possibly Required) 148 Filed: 4/22/2013, Entered: None Unknown Document TypeCourt Filing
                                                                            ORDER: Pursuant to the settlement conference held on April 19, 2013, counsel for the parties shall exchange their proposals, with copies to my Chambers, by April 26, 2013, at 12 p.m. A telephone conference shall be held on April 29, 2013, at 9:30 a.m. Counsel for the plaintiffs should initiate the call. Accordingly, the schedule for the post-trial submission of proposed findings of fact and conclusions of law shall be extended by one week. (Telephone Conference set for 4/29/2013 at 09:30 AM before Magistrate Judge Frank Maas.)(Signed by Magistrate Judge Frank Maas on 4/22/2013) Copies Sent by Chambers to Hon Jesse M. Furman (djc) (Entered: 04/23/2013)
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                                                                              Legal Document (Payment Possibly Required) 147 Filed: 4/19/2013, Entered: None Unknown Document Type
                                                                              NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/4/13 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...(Rodriguez, Somari) (Entered: 04/19/2013)
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                                                                                Legal Document (Payment Possibly Required) 146 Filed: 4/19/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                TRANSCRIPT of Proceedings re: CONFERENCE held on 3/4/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Paula Speer, (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 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/22/2013.(Rodriguez, Somari) (Entered: 04/19/2013)
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                                                                                  Legal Document (Payment Possibly Required) 145 Filed: 4/11/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                  ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Julia Pinover dated 4/10/2013 re: I write on behalf of Plaintiffs in advance of the settlement conference scheduled before you on April 19, 2013 at 2:00 pm, regarding the following matters in this case. Plaintiffs would like to inform the Court that Julia Pinover and Daniel Brown, attorneys for Plaintiffs, will be present in person. Plaintiffs respectfully request that the Court allow Shawna Parks, Plaintiffs' lead counsel, to participate in the conference by telephone as she is in California and not able to travel east at the moment. Likewise, Plaintiffs inform the Court that representatives from organizational plaintiffs Brooklyn Center for Independence of the Disabled ("BCID") and the Center for the Independence of the Disabled, New York ("CIDNY) will attend the settlement conference. However, Plaintiffs respectfully request that the Court allow individual Plaintiffs Tania Morales and Greg Bell to not attend the conference. ENDORSEMENT: APPLICATIONS GRANTED. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 4/9/2013) (djc) Modified on 4/12/2013 (djc). Modified on 4/15/2013 (djc). (Entered: 04/12/2013)
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                                                                                    Legal Document (Payment Possibly Required) 144 Filed: 4/8/2013, Entered: None Unknown Document Type
                                                                                    POST TRIAL MEMORANDUM. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 04/08/2013)
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                                                                                      Legal Document (Payment Possibly Required) 143 Filed: 4/8/2013, Entered: None Unknown Document Type
                                                                                      POST TRIAL MEMORANDUM. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 04/08/2013)
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                                                                                        Legal Document (Payment Possibly Required) 142 Filed: 4/3/2013, Entered: None Unknown Document Type
                                                                                        NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/19/2013 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: 04/03/2013)
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                                                                                          Legal Document (Payment Possibly Required) 141 Filed: 4/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                          TRANSCRIPT of Proceedings re: TRIAL held on 3/19/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Drevis, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(McGuirk, Kelly) (Entered: 04/03/2013)
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                                                                                            Legal Document (Payment Possibly Required) 140 Filed: 4/3/2013, Entered: None Unknown Document Type
                                                                                            NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/18/2013 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: 04/03/2013)
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                                                                                              Legal Document (Payment Possibly Required) 139 Filed: 4/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                              TRANSCRIPT of Proceedings re: TRIAL held on 3/18/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Denise Richards, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(McGuirk, Kelly) (Entered: 04/03/2013)
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                                                                                                Legal Document (Payment Possibly Required) 138 Filed: 4/3/2013, Entered: None Unknown Document Type
                                                                                                NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/14/2013 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: 04/03/2013)
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                                                                                                  Legal Document (Payment Possibly Required) 137 Filed: 4/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                  TRANSCRIPT of Proceedings re: TRIAL held on 3/14/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Drevis, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(McGuirk, Kelly) (Entered: 04/03/2013)
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                                                                                                    Legal Document (Payment Possibly Required) 136 Filed: 4/3/2013, Entered: None Unknown Document Type
                                                                                                    NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/13/13 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: 04/03/2013)
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                                                                                                      Legal Document (Payment Possibly Required) 135 Filed: 4/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                      TRANSCRIPT of Proceedings re: TRIAL held on 3/13/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Denise Richards, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(McGuirk, Kelly) (Entered: 04/03/2013)
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                                                                                                        Legal Document (Payment Possibly Required) 134 Filed: 4/3/2013, Entered: None Unknown Document Type
                                                                                                        NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/12/2013 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: 04/03/2013)
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                                                                                                          Legal Document (Payment Possibly Required) 133 Filed: 4/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                          TRANSCRIPT of Proceedings re: TRIAL held on 3/12/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Drevis, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(McGuirk, Kelly) (Entered: 04/03/2013)
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                                                                                                            Legal Document (Payment Possibly Required) 132 Filed: 4/3/2013, Entered: None Unknown Document Type
                                                                                                            NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/11/2013 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: 04/03/2013)
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                                                                                                              Legal Document (Payment Possibly Required) 131 Filed: 4/3/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                              TRANSCRIPT of Proceedings re: TRIAL held on 3/11/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Denise Richards, (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 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013.(McGuirk, Kelly) (Entered: 04/03/2013)
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                                                                                                                Legal Document (Payment Possibly Required) 130 Filed: 3/25/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                ORDER: The parties are hereby granted leave to submit memoranda of law - no later than April 8, 2013, and not to exceed ten pages - addressing the implications, if any, of Defendants' post-complaint mitigation efforts on liability in this case. (Signed by Judge Jesse M. Furman on 3/25/2013) (lmb) (Entered: 03/25/2013)
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                                                                                                                  Legal Document (Payment Possibly Required) 129 Filed: 3/25/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                  Letter addressed to Judge Jesse M. Furman from Shawna L. Parks, Martha A. Calhoun, Michael A. Cardozo, and Paul Garrity dated 3/22/2013 re: The parties write in response to the Court's instructions at the end of trial proceedings and its March 19, 2013 Order. Document filed by Gregory D. Bell, Michael R. Bloomberg, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales, The City of New York.(lmb) (Entered: 03/25/2013)
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                                                                                                                    Legal Document (Payment Possibly Required) 128 Filed: 3/25/2013, Entered: None Unknown Document Type
                                                                                                                    MEMORANDUM OF LAW re: 123 Trial Memorandum opposition to admission of city council papers as party admission. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 03/25/2013)
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                                                                                                                      Legal Document (Payment Possibly Required) 127 Filed: 3/22/2013, Entered: None Unknown Document Type
                                                                                                                      FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - TRIAL MEMORANDUM. Document filed by Michael R. Bloomberg, The City of New York.(Calhoun, Martha) Modified on 3/25/2013 (ka). (Entered: 03/22/2013)
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                                                                                                                        Legal Document (Payment Possibly Required) 126 Filed: 3/22/2013, Entered: None Unknown Document Type
                                                                                                                        Exhibit List List of Admitted Trial Exhibits. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 03/22/2013)
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                                                                                                                          Legal Document (Payment Possibly Required) 125 Filed: 3/20/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                          NOTICE OF COURT CONFERENCE: A settlement conference in the above referenced matter has been scheduled for April 19, 2013, at 2:00 p.m., before Magistrate Judge Frank Maas, in Courtroom 20A, 500 Pearl Street, New York 10007. Judge Maas' settlement procedures are included in this notice. Requests for adjournment must be made to the Court, in writing, at least 48 hours prior to the conference. By: Richalyn Chambers, Courtroom Deputy, Dated: March 20, 2013. (Settlement Conference set for 4/19/2013 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas). (djc) (Entered: 03/20/2013)
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                                                                                                                            Legal Document (Payment Possibly Required) 124 Filed: 3/19/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                            ORDER: As discussed on the record at the end of today's proceedings, the parties are directed to submit to the Court by March 22, 2013: (1) a list of all exhibits that have been admitted in this case; (2) a list of submitted depositions and the portions of those depositions that have been designated for the Court's consideration; and (3) a joint letter indicating whether either party believes limited post-trial briefing would be useful and which issue or issues should be briefed. In addition, Defendants are to submit any opposition to Plaintiffs' Memorandum Regarding Admission of City Council Reports as Statement of Party Opponents by March 22, 2013. It is further ORDERED that the parties are to submit revised proposed findings of fact and conclusions of law, no longer than 75 pages, by May 3, 2013. The proposed findings of fact shall include specific citations to the record for every proposition or proposed fact. Any statement of interest by the United States Government is also due by May 3, 2013. Any response to such a statement must be filed two weeks after the statement is filed. Finally, the parties are directed to contact Magistrate Judge Maas by March 20, 2013 at 5:00 pm to schedule a settlement conference as soon as his schedule permits. (Signed by Judge Jesse M. Furman on 3/19/2013) (lmb) (Entered: 03/19/2013)
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                                                                                                                              Legal Document (Payment Possibly Required) 123 Filed: 3/19/2013, Entered: None Unknown Document Type
                                                                                                                              TRIAL MEMORANDUM. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit Exhibit A)(Pinover, Julia) (Entered: 03/19/2013)
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                                                                                                                                Legal Document (Payment Possibly Required) 122 Filed: 3/14/2013, Entered: None Unknown Document Type
                                                                                                                                TRIAL MEMORANDUM. Document filed by Michael R. Bloomberg, The City of New York.(Calhoun, Martha) (Entered: 03/14/2013)
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                                                                                                                                  Legal Document (Payment Possibly Required) 121 Filed: 3/14/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                  ENDORSED LETTER addressed to Judge Jesse M. Furman from Shawna Parks dated 3/13/2013 re: Plaintiffs are writing, per our discussion in Court, to identify the redacted pages of Joint Trial Exhibit 5, New York City's Area Evacuation Plan (2005), that are relevant to this case. These pages are: CNY019292- CNY019297; CNY019305-CNY019308; CNY019316-CNY019319; and CNY019327-CNY019330. ENDORSEMENT: For the reasons stated on the record in open court, Joint Trial Exhibit 5 - without the pages referenced above redacted - shall be maintained under seal. (Signed by Judge Jesse M. Furman on 3/14/2013) (lmb) (Entered: 03/14/2013)
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                                                                                                                                    Legal Document (Payment Possibly Required) 120 Filed: 3/14/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                    ORDER denying 106 Motion to Strike. For the reasons stated on the record at trial on March 13, 2013, Plaintiffs' Motion To Strike Lay Witness Testimony (Docket No. 106) is DENIED to the extent it seeks to exclude the testimony of Brad Gair. The Clerk of Court is directed to terminate Docket No. 106. (Signed by Judge Jesse M. Furman on 3/14/2013) (lmb) (Entered: 03/14/2013)
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                                                                                                                                      Legal Document (Payment Possibly Required) 119 Filed: 3/14/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                      Letter addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 3/9/2013 re: As one of the attorneys assigned to represent Defendants in the above-referenced class action, I write, consistent with the Court's Individual Rule 4(A), to respectfully request that select exhibits to be used at trial - consisting of various City emergency plans, protocols, guides and manuals - be filed in redacted form on ECF and in unredacted form under seal. Document filed by Michael R. Bloomberg, The City of New York.(lmb) (Entered: 03/14/2013)
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                                                                                                                                        Legal Document (Payment Possibly Required) 118 Filed: 3/13/2013, Entered: None Unknown Document Type
                                                                                                                                        TRIAL MEMORANDUM. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 03/13/2013)
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                                                                                                                                          Legal Document (Payment Possibly Required) 117 Filed: 3/7/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                          ENDORSED LETTER addressed to Judge Jesse M. Furman from Carolyn E. Kruk dated 3/7/2013 re: Counsel for the Defendants writes to request permission to allow two laptops into the Courtroom during the duration of the trial. ENDORSEMENT: Application GRANTED. Counsel shall complete a copy of the Electronic Devices General Purpose form, available at http://nysd.uscourts.gov/forms.php, and submit it to the Court for signature. (Signed by Judge Jesse M. Furman on 3/7/2013) (ab) (Entered: 03/08/2013)
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                                                                                                                                            Legal Document (Payment Possibly Required) 116 Filed: 3/7/2013, Entered: None Unknown Document Type
                                                                                                                                            RESPONSE to Motion re: 106 MOTION to Strike MOTION TO STRIKE LAY WITNESS TESTIMONY.. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 03/07/2013)
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                                                                                                                                              Legal Document (Payment Possibly Required) 115 Filed: 3/5/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                              ORDER denying 92 Motion in Limine; denying 98 Motion in Limine; denying 99 Motion in Limine; denying 107 Motion to Strike; denying 112 Motion for Pre-Trial. The Clerk of Court is directed to terminate Docket Nos. 92, 93, 95, 98, 99 107, 112. Docket No. 106 shall remain open pending the Court's ruling on the testimony of Brad Gair. It is further ORDERED that Defendants' response, if any, to Plaintiffs' objections to the testimony of Brad Gair shall be filed by March 7, 2013. In addition, the parties are directed to submit by letter their final lists of witnesses, in the order they will be called to testify, by March 7, 2013 at 5:00p.m. (Signed by Judge Jesse M. Furman on 3/5/2013) (mt) (Entered: 03/05/2013)
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                                                                                                                                                Legal Document (Payment Possibly Required) 114 Filed: 3/4/2013, Entered: None Unknown Document TypeCourt Filing
                                                                                                                                                PRETRIAL ORDER:This case is to be a bench trial. The parties estimate that it will require ten (10) court days. (Signed by Judge Jesse M. Furman on 3/4/2013) (lmb) (Entered: 03/05/2013)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 113 Filed: 3/1/2013, Entered: None
                                                                                                                                                  DECLARATION of Martha Calhoun in Support re: 112 MOTION for Pre-Trial (Motion to Strike Testimony).. Document filed by Michael R. Bloomberg, The City of New York. (Kruk, Carolyn) (Entered: 03/01/2013)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 112 Filed: 3/1/2013, Entered: None
                                                                                                                                                    MOTION for Pre-Trial (Motion to Strike Testimony). Document filed by Michael R. Bloomberg, The City of New York.(Kruk, Carolyn) (Entered: 03/01/2013)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 111 Filed: 3/1/2013, Entered: None
                                                                                                                                                      RESPONSE in Opposition re: 92 MOTION in Limine NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE RE PERSONAL EMERGENCY PREPAREDNESS AS A DEFENSE TO PLAINTIFFS CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT.. Document filed by Michael R. Bloomberg, The City of New York. (Toews, Mark) (Entered: 03/01/2013)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 110 Filed: 3/1/2013, Entered: None
                                                                                                                                                        RESPONSE in Opposition re: 92 MOTION in Limine NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE RE PERSONAL EMERGENCY PREPAREDNESS AS A DEFENSE TO PLAINTIFFS CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT.. Document filed by Michael R. Bloomberg, The City of New York. (Toews, Mark) (Entered: 03/01/2013)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 109 Filed: 3/1/2013, Entered: None
                                                                                                                                                          PRETRIAL MEMORANDUM. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 03/01/2013)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 108 Filed: 3/1/2013, Entered: None
                                                                                                                                                            DECLARATION of REBECCA S. WILLIFORD in Support re: 107 MOTION to Strike MOTION TO STRIKE SECTIONS OF EXPERT REPORTS OF ELIZABETH DAVIS.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 107 Filed: 3/1/2013, Entered: None
                                                                                                                                                              MOTION to Strike MOTION TO STRIKE SECTIONS OF EXPERT REPORTS OF ELIZABETH DAVIS. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 106 Filed: 3/1/2013, Entered: None
                                                                                                                                                                MOTION to Strike MOTION TO STRIKE LAY WITNESS TESTIMONY. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 105 Filed: 3/1/2013, Entered: None
                                                                                                                                                                  RESPONSE PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO PLAINTIFFS EXHIBITS. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 104 Filed: 3/1/2013, Entered: None
                                                                                                                                                                    DECLARATION of SHAWNA PARKS in Support re: 103 Memorandum of Law in Opposition to Motion,. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A)(Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 103 Filed: 3/1/2013, Entered: None
                                                                                                                                                                      MEMORANDUM OF LAW in Opposition re: 98 FIRST MOTION in Limine. PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE TO EXCLUDE TESTIMONY OF SUSAN DOOHA AND MARGI TRAPANI. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 102 Filed: 3/1/2013, Entered: None
                                                                                                                                                                        MEMORANDUM OF LAW in Opposition re: 99 SECOND MOTION in Limine. PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 101 Filed: 3/1/2013, Entered: None
                                                                                                                                                                          MEMORANDUM OF LAW in Opposition re: 97 Pretrial Memorandum PLAINTIFFS OPPOSITION TO DEFENDANTS MEMORANDUM OF LAW. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 03/01/2013)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 100 Filed: 2/26/2013, Entered: None
                                                                                                                                                                            PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Michael R. Bloomberg, The City of New York.(Calhoun, Martha) (Entered: 02/26/2013)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 99 Filed: 2/26/2013, Entered: None
                                                                                                                                                                              SECOND MOTION in Limine. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 02/26/2013)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 98 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                FIRST MOTION in Limine. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 02/26/2013)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 97 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                  PRETRIAL MEMORANDUM. Document filed by Michael R. Bloomberg, The City of New York.(Toews, Mark) (Entered: 02/26/2013)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 96 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                    DECLARATION of REBECCA S. WILLIFORD in Support re: 95 Objection (non-motion), Objection (non-motion). Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 95 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                      Objection PLAINTIFFS OBJECTIONS TO DEFENDANTS EXHIBITS. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 94 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                        DECLARATION of JULIA PINOVER in Support re: 93 Notice (Other), Notice (Other). Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 93 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                          NOTICE of PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit A)(Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 92 Filed: 2/26/2013, Entered: None Motion in Limine
                                                                                                                                                                                            MOTION in Limine NOTICE OF MOTION AND MOTION IN LIMINE TO EXCLUDE EVIDENCE RE PERSONAL EMERGENCY PREPAREDNESS AS A DEFENSE TO PLAINTIFFS CLAIMS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 91 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                              PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 90 Filed: 2/26/2013, Entered: None
                                                                                                                                                                                                PRETRIAL MEMORANDUM. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(Parks, Shawna) (Entered: 02/26/2013)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 89 Filed: 2/22/2013, Entered: None Court Filing
                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge Jesse M. Furman from Preet Bharara dated 2/21/2013 re: Accordingly, the Government respectfully requests permission to file a Statement of Interest on behalf of the United States in this case, following the conclusion of the bench trial that has been scheduled to commence on March 11, 2013. ENDORSEMENT: Application GRANTED. Unless the Court orders otherwise, the Government's Statement of Interest shall be filed no later than 45 days after the evidence closes at trial. (Signed by Judge Jesse M. Furman on 2/22/2013) (mt) (Entered: 02/22/2013)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 88 Filed: 2/21/2013, Entered: None Court Filing
                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 2/20/2013 re: To address these issues and to permit the trial to commence on schedule, defendants respectfully request that the joint pre--trial order, exhibits, motions in limine, and declarations representing direct testimony be submitted on February 26, 2013 and that the proposed findings of fact and conclusions of law be submitted on March 1, 2013. ENDORSEMENT: The deadline for submission of the joint pretrial order and related filings, including the affidavits of witnesses, AND the deadline for submission of proposed findings of fact conclusions of law are hereby extended to February 26, 2013. No further extension of these dates will be granted. Responses to these filings remain due on March 1, 2013. (Signed by Judge Jesse M. Furman on 2/21/2013) (mt) (Entered: 02/22/2013)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 87 Filed: 2/21/2013, Entered: None Court Filing
                                                                                                                                                                                                      Letter addressed to Judge Jesse M. Furman from Shawna L. Parks dated 2/21/2013 re: Plaintiffs write in response to Defendants' letter of late yesterday requesting another extension of the pre-trial deadlines in this matter. Plaintiffs respectfully oppose Defendants' latest request. Document filed by Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(mt) (Entered: 02/22/2013)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 86 Filed: 2/20/2013, Entered: None Court Filing
                                                                                                                                                                                                        Letter addressed to Judge Jesse M. Furman from Shawna L. Parks dated 2/19/2013 re: Plaintiffs write in response to Defendants' letter of today requesting another extension of the pre-trial and trial dates in this matter. Plaintiffs respectfully but strongly oppose postponement of the trial date in this case. (ama) (Entered: 02/20/2013)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 85 Filed: 2/20/2013, Entered: None Court Filing
                                                                                                                                                                                                          ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 2/19/2013 re: I write to respectfully request a two-week extension of the time to submit the joint pretrial order and related filings in the above-referenced matter. ENDORSEMENT: Application DENIED. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/20/2013) (ama) (Entered: 02/20/2013)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 84 Filed: 2/5/2013, Entered: None Court Filing
                                                                                                                                                                                                            Letter addressed to Judge Jesse M. Furman from Shawna L. Parks dated 2/4/2013 re: Counsel for the plaintiffs write in response to Defendants' requests to (1) postpone the pretrial filings, and (2) conduct an additional fact deposition and/or present this late witness at trial. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales.(ft) (Entered: 02/05/2013)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 83 Filed: 2/4/2013, Entered: None Court Filing
                                                                                                                                                                                                              ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 2/1/2013 re: Counsel for the Defendants writes to request an extension of time to submit the joint pretrial order and request that the Court schedule a conference. ENDORSEMENT: The parties shall conduct the deposition of Deputy Mayor Holloway on February 5, 2013, or as soon thereafter as possible. The parties are granted until February 22, 2013, to submit the joint pretrial order and related filings. All other dates and deadlines remain in effect. (Deposition due by 2/5/2013. Joint Pretrial Order due by 2/22/2013.) (Signed by Judge Jesse M. Furman on 2/4/2013) (ab) (Entered: 02/04/2013)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 82 Filed: 11/16/2012, Entered: None Court Filing
                                                                                                                                                                                                                OPINION AND ORDER. For the foregoing reasons, plaintiffs' motion for class certification is hereby GRANTED as modified and subject to comment from the parties. Absent objections, the Court will certify a plaintiff class consisting of the following: All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness programs and services. The parties shall have until November 13, 2012, at 12:00 p.m., to submit letter objections, not to exceed three pages, regarding the Court's proposed class definition. It is further ORDERED that defendants have until November 19, 2012, to respond to plaintiffs' motion to seal, showing good cause why maintaining the relevant materials under seal is consistent with the presumption of access created by both the common law and the First Amendment. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). In any such response, defendants shall also address whether there is a basis to maintain the unredacted version of this Opinion and Order under seal. Absent a response, the Court will publicly file the unredacted version of this Opinion and Order and deny plaintiffs' motion to seal without further notice to the parties. In the meantime, the Clerk of Court is directed to maintain the unredacted version of this Opinion and Order under seal. It is important to note that the fact that plaintiffs have carried their burden at this stage, and class certification is appropriate, is not to say that the plaintiff class is entitled to the relief it ultimately seeks. It may be, as defendants vigorously assert, that the plaintiffs' claims are "patently false" and that the City has "carefully developed sophisticated operational and logistical plans and supporting resources that effectively serve the health and safety needs of all New Yorkers during emergencies, including those with disabilities." (Defs.' Opp'n Mem. at 1- 2). The fact that plaintiffs have carried their present burden is only to say that they have satisfied the requirements for proceeding by way of a class action. Whether they ultimately prevail will be determined at the trial scheduled to begin on December 10, 2012. (This document was previously sealed in envelope # 65 and unsealed by document # 71.) (Signed by Judge Jesse M. Furman on 11/7/2012) (lmb) (Entered: 12/17/2012)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 81 Filed: 12/3/2012, Entered: None
                                                                                                                                                                                                                  DECLARATION of SHAWNA L. PARKS in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Attachments: # 1 Exhibit H, # 2 Exhibit J, # 3 Exhibit M, # 4 Exhibit O, # 5 Exhibit R, # 6 Exhibit S, # 7 Exhibit U)(Parks, Shawna) (Entered: 12/03/2012)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 80 Filed: 12/3/2012, Entered: None
                                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Document filed by Gregory D. Bell, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Tania Morales. (Parks, Shawna) (Entered: 12/03/2012)
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                                                                                                                                                                                                                      Sealed Legal Document 79 Filed: 12/3/2012, Entered: None
                                                                                                                                                                                                                      SEALED DOCUMENT placed in vault.(nm) (Entered: 12/03/2012)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 78 Filed: 11/30/2012, Entered: None Court Filing
                                                                                                                                                                                                                        ORDER granting in part and denying in part 52 Motion to Seal. For substantially the reasons stated in Defendants' November 27, 2012 Memorandum of Law in Support of Plaintiffs' Motion to Seal (Docket No. 76), Plaintiffs' August 31, 2012 Motion to Seal is GRANTED in part and DENIED in part. Specifically, it is hereby ORDERED that Plaintiffs shall file Exhibit N under seal. The Court is persuaded that there is no public right of access to this document at this stage of the proceedings. Plaintiffs are further ORDERED to publicly file unredacted versions of the remaining documents discussed in their motion on ECF. The Clerk of Court is directed to terminate the motion (Docket No. 52). (Signed by Judge Jesse M. Furman on 11/30/2012) (mro) (Entered: 11/30/2012)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 77 Filed: 11/27/2012, Entered: None
                                                                                                                                                                                                                          DECLARATION of Joseph Bruno in Support re: 52 MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 11/27/2012)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 76 Filed: 11/27/2012, Entered: None
                                                                                                                                                                                                                            MEMORANDUM OF LAW in Support re: 52 MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS MOTION to Seal PLAINTIFFS MOTION FOR AN ORDER PERMITTING PLAINTIFFS TO FILE UNDER SEAL: (1) UNREDACTED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CLASS CERTIFICATION; AND (2) CERTAIN EXHIBITS TO THE DECLARATION OF SHAWNA L. PARKS. Document filed by Michael R. Bloomberg, The City of New York. (Calhoun, Martha) (Entered: 11/27/2012)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 75 Filed: 11/26/2012, Entered: None
                                                                                                                                                                                                                              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Seal memorandum of law in support of. Document filed by The City of New York. (Attachments: # 1 Affidavit Declaration of Joseph Bruno)(Calhoun, Martha) Modified on 11/27/2012 (db). (Entered: 11/26/2012)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 74 Filed: 11/21/2012, Entered: None Court Filing
                                                                                                                                                                                                                                ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 11/20/12 re: Counsel writes on behalf of the parties to advise the Court that they have agreed that fact discovery will be completed by 1/4/13 and that expert discovery will conclude by 2/1/13. ENDORSEMENT: So ordered. ( Expert Discovery due by 2/1/2013., Fact Discovery due by 1/4/2013.) (Signed by Judge Jesse M. Furman on 11/21/2012) (mro) (Entered: 11/21/2012)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 73 Filed: 11/20/2012, Entered: None Court Filing
                                                                                                                                                                                                                                  NOTICE OF CONFERENCE: A settlement conference in the above referenced matter has been scheduled for December 7, 2012, at 10:00 a.m., before Magistrate Judge Frank Maas, in Courtroom 20A, 500 Pearl Street, New York, NY 10007. Judge Maas' settlement procedures are attached. Requests for adjournment must be made to the Court, in writing, at least 48 hours prior to the conference. (Settlement Conference set for 12/7/2012 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas). (pl) (Entered: 11/20/2012)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 72 Filed: 11/16/2012, Entered: None Court Filing
                                                                                                                                                                                                                                    SCHEDULING ORDER: It is hereby ORDERED that the parties shall file their joint pretrial order by February 18, 2013. Responses to any such filings shall be filed by March 1, 2013. It is further ORDERED that a final pretrial conference will be held on March 4, 2013, at 3:30 p.m. Trial will begin on March 11, 2013, at 9:00 a.m. It is further ORDERED that the parties shall submit a joint letter to the Court by 5:00 p.m. on Tuesday, November 20, 2012, advising the Court with respect to whether the parties have reached agreement on the scope and timing of supplemental discovery relating to the response to Hurricane Sandy or, if not, the nature of any disagreement. (Final Pretrial Conference set for 3/4/2013 at 03:30 PM before Judge Jesse M. Furman. Joint Pretrial Order due by 2/18/2013. Bench Trial set for 3/11/2013 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/16/2012) (rjm) (Entered: 11/16/2012)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 71 Filed: 11/16/2012, Entered: None Court Filing
                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 11/15/2012 re: I write to request that defendants' time to respond to plaintiffs' motion to seal certain documents submitted by plaintiffs in connection with their motion for class certification be extended one week, until November 25, 2012. ENDORSEMENT: Defendants' time to respond to the motion to seal is extended to November 25, 2012. In light of Defendants' consent, the Clerk of Court is directed to unseal the Court's unredacted Opinion and Order (Docket No. 65). (Responses due by 11/25/2012) (Signed by Judge Jesse M. Furman on 11/16/2012) (rjm) (Entered: 11/16/2012)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 70 Filed: 11/15/2012, Entered: None Court Filing
                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge Jesse M. Furman from Julia Pinover dated 11/14/2012 re: Request for permission for Ms. Parks to appear telephonically at the 11/16/2012 conference in satisfaction of the Court's individual rule 2(A). ENDORSEMENT: Application GRANTED, although counsel who is present in the courtroom should be prepared to do most of the talking. Counsel shall provide the Court with a number to reach Ms. Parks at the time of the conference. (Signed by Judge Jesse M. Furman on 11/15/2012) (cd) (Entered: 11/15/2012)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 69 Filed: 11/14/2012, Entered: None Court Filing
                                                                                                                                                                                                                                          ORDER: Accordingly, IT IS HEREBY ORDERED that this action iscertified as a class action under Rule 23(b)(2) of the Federal Rules of Civil Procedure. The class is defined as: "All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness programs and services." (Signed by Judge Jesse M. Furman on 11/14/2012) (mt) (Entered: 11/14/2012)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 68 Filed: 11/13/2012, Entered: None Court Filing
                                                                                                                                                                                                                                            ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Jesse M. Furman on 11/13/2012) (js) (Entered: 11/14/2012)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 67 Filed: 11/13/2012, Entered: None Court Filing
                                                                                                                                                                                                                                              ENDORSED LETTER: addressed to Judge Jesse M. Furman from Martha A. Calhoun dated 11/13/2012 re: For the reasons set forth above, Defendants propose that the trial be adjourned to January 2013. To this end, Plaintiffs propose that pre-trial submissions be made by December 21, 2012 and any replies be made by January 4, 2013, with trial to begin as soon thereafter as is convenient to the Court. Defendants' position is that a date of December 21, 2012 for pre-trial submission is simply not possible, given that, as noted above, key witnesses are and will continue to be heavily involved in recovery efforts and that the parties will be supplementing the record with evidence from Hurricane Sandy. Accordingly, the earliest that Defendants can make pre-trial submissions would be January 7, 2013, with replies due January 14, 2013, with trial to begin as soon thereafter as is convenient to the Court. ENDORSEMENT: The parties are ordered to appear for a conference with the Court on November 16, 2012, at 11:30 am. By separate order, the Court is re-referring the case to Magistrate Judge Maas for settlement purposes. The parties are ordered to contact his chambers by November 16, 2012, to schedule a settlement conference as soon as possible. ( Status Conference set for 11/16/2012 at 11:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/13/2012) (js) (Entered: 11/14/2012)
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                                                                                                                                                                                                                                                Blank 66 Filed: 11/7/2012, Entered: 11/7/2012 Memorandum and OpinionCourt Filing
                                                                                                                                                                                                                                                OPINION AND ORDER re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Center for Independence of the Disabled, New York, Brooklyn Center for In dependence of the Disabled, Tania Morales, Gregory D. Bell. For the foregoing reasons, plaintiffs' motion for class certification is hereby GRANTED as modified and subject to comment from the parties. Absent objections, the Court will certify a plaintiff class consisting of the following: All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness progra ms and services. The parties shall have until November 13, 2012, at 12:00 p.m., to submit letter objections, not to exceed three pages, regarding the Court's proposed class definition. It is further ORDERED that defendants have until November 19, 2012, to respond to plaintiffs' motion to seal, showing good cause why maintaining the relevant materials under seal is consistent with the presumption of access created by both the common law and the First Amendment. See, e.g., Lugosch v. P yramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). In any such response, defendants shall also address whether there is a basis to maintain the unredacted version of this Opinion and Order under seal. Absent a response, the Court will publicly file the unredacted version of this Opinion and Order and deny plaintiffs' motion to seal without further notice to the parties. In the meantime, the Clerk of Court is directed to maintain the unredacted version of this Opinion and Order under seal. It is important to note that the fact that plaintiffs have carried their burden at this stage, and class certification is appropriate, is not to say that the plaintiff class is entitled to the relief it ultimately seeks. It may be, as defendant s vigorously assert, that the plaintiffs' claims are "patently false" and that the City has "carefully developed sophisticated operational and logistical plans and supporting resources that effectively serve the health and safety needs of all New Yorkers during emergencies, including those with disabilities." (Defs.' Opp'n Mem. at 1- 2). The fact that plaintiffs have carried their present burden is only to say that they have satisfied the requirements for proceeding by way of a class action. Whether they ultimately prevail will be determined at the trial scheduled to begin on December 10, 2012. (Signed by Judge Jesse M. Furman on 11/7/2012) (lmb)
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                                                                                                                                                                                                                                                  Sealed Legal Document 65 Filed: 11/7/2012, Entered: None
                                                                                                                                                                                                                                                  SEALED DOCUMENT placed in vault.(nm) (Entered: 11/07/2012)
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                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 64 Filed: 10/10/2012, Entered: 10/11/2012 Endorsed Letter
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                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 60 Filed: 9/24/2012, Entered: 9/24/2012 Reply Memorandum of Law in Support of Motion
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                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 53 Filed: 8/31/2012, Entered: 8/31/2012 Memorandum of Law in Support of Motion
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                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 33 Filed: 7/16/2012, Entered: 7/16/2012 Answer to Amended Complaint
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                                                                                                                                                                                                                                                                                                                                                                                  OPINION AND ORDER re: 35 MOTION to Certify Class NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Center for Independence of the Disabled, New York, Brooklyn Center for In dependence of the Disabled, Tania Morales, Gregory D. Bell. For the foregoing reasons, plaintiffs' motion for class certification is hereby GRANTED as modified and subject to comment from the parties. Absent objections, the Court will certify a plaintiff class consisting of the following: All people with disabilities, as defined by the Americans with Disabilities Act, who are within the City of New York and the jurisdiction served by the City of New York's emergency preparedness progra ms and services. The parties shall have until November 13, 2012, at 12:00 p.m., to submit letter objections, not to exceed three pages, regarding the Court's proposed class definition. It is further ORDERED that defendants have until November 19, 2012, to respond to plaintiffs' motion to seal, showing good cause why maintaining the relevant materials under seal is consistent with the presumption of access created by both the common law and the First Amendment. See, e.g., Lugosch v. P yramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). In any such response, defendants shall also address whether there is a basis to maintain the unredacted version of this Opinion and Order under seal. Absent a response, the Court will publicly file the unredacted version of this Opinion and Order and deny plaintiffs' motion to seal without further notice to the parties. In the meantime, the Clerk of Court is directed to maintain the unredacted version of this Opinion and Order under seal. It is important to note that the fact that plaintiffs have carried their burden at this stage, and class certification is appropriate, is not to say that the plaintiff class is entitled to the relief it ultimately seeks. It may be, as defendant s vigorously assert, that the plaintiffs' claims are "patently false" and that the City has "carefully developed sophisticated operational and logistical plans and supporting resources that effectively serve the health and safety needs of all New Yorkers during emergencies, including those with disabilities." (Defs.' Opp'n Mem. at 1- 2). The fact that plaintiffs have carried their present burden is only to say that they have satisfied the requirements for proceeding by way of a class action. Whether they ultimately prevail will be determined at the trial scheduled to begin on December 10, 2012. (Signed by Judge Jesse M. Furman on 11/7/2012) (lmb)
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