Case: Pecunas v. Pennsylvania Department of Transportation

1:11-cv-00016 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Jan. 20, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 20, 2011, Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, filed a lawsuit in the United States District Court for the Western District of Pennsylvania, against Pennsylvania Department of Transportation (PennDOT), and Millcreek Township. The Plaintiffs alleged that the pedestrian walkways, sidewalks, and intersections in Millcreek Township were not in compliance with the accessibility mandates of Title II of the Americans with Disa…

On January 20, 2011, Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, filed a lawsuit in the United States District Court for the Western District of Pennsylvania, against Pennsylvania Department of Transportation (PennDOT), and Millcreek Township. The Plaintiffs alleged that the pedestrian walkways, sidewalks, and intersections in Millcreek Township were not in compliance with the accessibility mandates of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq. and Section 504 of the Rehabilitation Act, 29 U.S.C. § 701. They alleged that the walkways and intersections were dangerous and that people using wheelchairs were forced to travel in the streets because of the absence of curb cuts. They further alleged that PennDOT and Millcreek had altered the sidewalks, walkways, and intersections, using federal and state funds, in ways that triggered mandatory compliance with ADA guidelines. The number of proposed class members was large; at the time the complaint was filed, Millcreek Township was home to approximately 2000 residents categorized by the US Census Bureau as "Go Outside of Home-Disabled Residents, Noninstitutionalized," and 1000 residents in the category "Sensory-Disabled Residents, Noninstitutionalized." The Plaintiffs alleged that members of the proposed class were segregated from full participation in Millcreek because of the lack of accessible sidewalks. The plaintiffs sought injunctive and declaratory relief, and attorneys' fees.

On October 12, 2011, the court approved a Consent Decree and Partial Settlement between the Plaintiffs and Millcreek Township. PennDOT was not a party to this agreement. Millcreek agreed to ensure all future alterations to or construction of roads made by the Township would have ADA-compliant curb cuts at the intersections. Millcreek agreed to report all road work to the plaintiffs. The agreement contained provisions allowing exceptions where curb cuts were technically unfeasible. Millcreek also agreed to make a report of all newly constructed or altered roads dating back to January 1992 (when the ADA came into effect). The Plaintiffs and Millcreek agreed that they would meet and confer, when this list was completed, to determine a timetable for the retrofitting of these areas where necessary. The agreement acknowledged that Millcreek was not responsible for ensuring the compliance of state roads and highways running through the town. Millcreek agreed to pay $27,2479.97 in attorneys' fees and costs to the Plaintiffs. The court retained jurisdiction to enforce the terms of the Consent Decree.

Between 2014 and 2016, the parties continued to negotiate for a total of four Consent Decrees and Partial Settlement orders between Plaintiffs and Millcreek Township. Additionally, the court approved three Partial Settlements between Plaintiffs and PennDOT. On November 23, 2016, the court approved a Joint Partial Settlement Agreement among all parties. The Joint Partial Settlement Agreement resolved both of Plaintiff's claims (the Bus Stop claim and the Road Shoulder claim) and required Plaintiffs to make updates to existing infrastructure to comply with ADA requirements. Additionally, the parties agreed that any sidewalk construction within Millcreek Township would comply with ADA guidelines.

On November 30, 2017, the parties proposed a fifth Consent Decree and Partial Settlement, which Judge Hornak approved on December 1, 2017. Under the fifth Consent Decree, the requirements of the four prior consent decrees remain in effect, with the additional incorporation of the Millcreek Transition Plan. The Transition Plan, consistent with the April 2017 preliminary agreement of the parties, identifies the "remaining physical obstacles that limit accessibility of the facilities or park where Millcreek offers a program, service, or activity." It outlines and provides a timeline for the planned improvements and corrections to ensure that Millcreek's programs, services, and activities will be readily accessible to and useable by individuals with disabilities. The case is ongoing but administratively closed as of May 10, 2019. The court retains jurisdiction to enforce the terms of this and the prior consent decrees.

Summary Authors

Alex Colbert-Taylor (6/13/2013)

Elena Malik (11/5/2017)

Sarah McDonald (3/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8439485/parties/eakin-v-commonwealth-of-pennsylvania-department-of-transportation/


Judge(s)

Hornak, Mark Raymond (Pennsylvania)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Heberle, Denise M. (Michigan)

Markham, Craig A. (Pennsylvania)

Attorney for Defendant

Bradley, Scott A. (Pennsylvania)

show all people

Documents in the Clearinghouse

Document

1:11-cv-00016

1:06-cv-00078

Docket [PACER]

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

March 30, 2018

March 30, 2018

Docket
81

1:11-cv-00016

Class Action Complaint for Civil and Declaratory Relief

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Jan. 20, 2011

Jan. 20, 2011

Complaint
16

1:11-cv-00016

Motion to Approve Consent Decree and Partial Settlement Among Defendant Millcreek Township, PA and Plaintiffs [Consent Decree and Partial Settlement Attached]

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Oct. 4, 2011

Oct. 4, 2011

Pleading / Motion / Brief
17

1:11-cv-00016

Order [Granting Motion to Approve Consent Decree]

Pecunas v. Pennsylvania Department of Transportation and Millcreek Township

Oct. 12, 2011

Oct. 12, 2011

Order/Opinion
162

1:11-cv-00016

Joint Motion to Approve Joint Partial Settlement Among All Parties

Nov. 21, 2016

Nov. 21, 2016

Pleading / Motion / Brief
181-1

1:11-cv-00016

Fifth Consent Decree and Partial Settlement Among Defendant Millcreek Township and Plaintiffs

Pecunas v. Commonwealth of Pennsylvania Department of Transportation

U.S. District Court for the Eastern District of Pennsylvania

Nov. 30, 2017

Nov. 30, 2017

Settlement Agreement
182

1:11-cv-00016

Order

Pecunas v. Commonwealth of Pennsylvania Department of Transportation

U.S. District Court for the Eastern District of Pennsylvania

Dec. 1, 2017

Dec. 1, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8439485/eakin-v-commonwealth-of-pennsylvania-department-of-transportation/

Last updated March 21, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $350, receipt number 315−1844102), filed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (sdp) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

2

AFFIDAVIT of Service for complaint and summons served on Millcreek Twp.−receptionist on 1/24/11, filed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR., SUMMONS/Return of Service Returned Executed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. MILLCREEK TOWNSHIP, PA served on 1/24/2011, answer due 2/14/2011. (Markham, Craig) (Entered: 01/27/2011)

Jan. 27, 2011

Jan. 27, 2011

3

NOTICE of Appearance by Scott A. Bradley on behalf of ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Bradley, Scott) (Entered: 02/07/2011)

Feb. 7, 2011

Feb. 7, 2011

4

NOTICE of Appearance by J. Mark Finnegan on behalf of VOICES FOR INDEPENDENCE, (VFI). (Finnegan, J.) (Entered: 02/08/2011)

Feb. 8, 2011

Feb. 8, 2011

5

AFFIDAVIT of Service of summons and complaint , filed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR., SUMMONS/Return of Service Returned Executed by PAUL PECUNAS, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. ALLEN D. BIEHLER served on 1/28/2011, answer due 2/18/2011. (Markham, Craig) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

6

NOTICE of Appearance by Marissa Savastana Watts on behalf of MILLCREEK TOWNSHIP, PA. (Watts, Marissa) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

7

Stipulation for Extension of Time to Answer by PAUL PECUNAS, MILLCREEK TOWNSHIP, PA, SHONA EAKIN, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR Answer due from MILLCREEK TOWNSHIP, PA on 3/31/2011. (Watts, Marissa) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

8

Stipulation for Extension of Time to Answer by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, ALLEN D. BIEHLER Answer due from COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION on 3/31/2011; ALLEN D. BIEHLER on 3/31/2011. (Bradley, Scott) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

9

NOTICE of Appearance by Mark J. Shaw on behalf of MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

10

ANSWER to 1 Complaint, CROSSCLAIM against COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION by MILLCREEK TOWNSHIP, PA. (Watts, Marissa) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

11

ANSWER to 1 Complaint by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Bradley, Scott) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

12

ANSWER to 10 Answer to Complaint, Crossclaim by COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. (Bradley, Scott) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

13

ORDER that the parties will conduct their Rule 26(f) meeting on or before July 18, 2011. The parties will then exchange their initial disclosures per Fed. R. Civ. P. 26(a)(1)(A)(B)(C) and (D). A joint or individualized report of the Rule 26(f) discovery plan that includes stipulated exceptions to disclosure per Rule 26(a)(1) not to exceed 3 pages in length shall be filed on or before August 8, 2011. In preparing the Rule 26(f) report, the parties must engage in discussion of the available Alternate Dispute Resolution (ADR) mechanisms and fully comply with paragraph 6 of the report, including the submission of their stipulation selecting the appropriate ADR Process. A Fed. R. Civ. P. 16(b) and Local Rule 16.1.1 Case Management Conference will be held before the undersigned on September 1, 2011 at 10:30 a.m. Room A−250, U.S. Courthouse, 17 South Park Row, Erie, Pennsylvania. Signed by Judge Sean J. McLaughlin on 7/8/11. (nk) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

14

REPORT of Rule 26(f) Planning Meeting. (Watts, Marissa) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

15

Errata re 14 Report of Rule 26(f) Planning Meeting by MILLCREEK TOWNSHIP, PA. Reason for Correction: Attorney filer correction. (Watts, Marissa) (Entered: 08/02/2011)

Aug. 2, 2011

Aug. 2, 2011

Minute Entry for proceedings held before Judge Sean J. McLaughlin: Case Management Conference held on 9/2/2011. Court Adopts Rule 26 F report; Post Discovery Conference to be Scheduled at the close of discovery. Text−only entry; no PDF document will issue. This text−only entry constitutes the Court's order or notice on the matter. (Court Reporter: Ron Bench) (nk) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

16

MOTION to Approve Consent Decree and Partial Settlement Among Defendant Millcreek Township and Plaintiffs by SHONA EAKIN, MILLCREEK TOWNSHIP, PA, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Shaw, Mark) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

Clearinghouse
17

ORDER granting 16 Motion to approve Consent Decree; IT IS HEREBY ORDERED that this Consent Decree and Partial Settlement Among Defendant Millcreek Township, PA and Plaintiffs is ORDERED AND ENTERED this 12th day of October, 2011. The Court will retain jurisdiction to enforce all terms of this Consent Decree. Signed by Judge Sean J. McLaughlin on 11/12/11. (nk) Modified on 10/13/2011. (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

Clearinghouse
18

STATUS REPORT Millcreek Township Report of Projects Undertaken After January 1992 and Through December 31, 2010 by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit of Mark Dietz, # 2 Affidavit of Peter Dion, # 3 Affidavit of John Orr, # 4 Affidavit of Charles Pierce) (Shaw, Mark) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

19

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Shaw, Mark) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

20

Appendix to 19 Appendix, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O) (Shaw, Mark) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

21

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−1 (1−3), # 2 Exhibit L−1 (4−53)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

22

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−2 (1−3), # 2 Exhibit L−2 (4−6), # 3 Exhibit L−2 (7−9), # 4 Exhibit L−2 (10−40), # 5 Exhibit L−2 (41−80), # 6 Exhibit L−2 (81−101)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

23

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−3 (1−3), # 2 Exhibit L−3 (4−6), # 3 Exhibit L−3 (7), # 4 Exhibit L−3 (8−40), # 5 Exhibit L−3 (41−75)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

24

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−4 (1−3), # 2 Exhibit L−4 (4−5), # 3 Exhibit L−4 (6−40)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

25

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−5 (1−3), # 2 Exhibit L−5 (4), # 3 Exhibit L−5 (5−30)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

26

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−6 (1−3), # 2 Exhibit L−6 (4−33), # 3 Exhibit L−7 (1−3), # 4 Exhibit L−7 (4−33)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

27

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−8 (1−2), # 2 Exhibit L−8 (3−22), # 3 Exhibit L−9, # 4 Exhibit L−10 (1−2), # 5 Exhibit L−10 (3−18)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

29

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−13 (1−3), # 2 Exhibit L−13 (4−25), # 3 Exhibit L−14 (1−5), # 4 Exhibit L−14 (6−35), # 5 Exhibit L−14 (36−67)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

30

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit L−15 (1−5), # 2 Exhibit L−15 (6−25), # 3 Exhibit L−15 (26−45), # 4 Exhibit M−1 (1−25), # 5 Exhibit M−1 (26−42)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

31

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit N−1) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

32

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit N−2 (1−80), # 2 Exhibit N−2 (81−125), # 3 Exhibit N−2 (126−180)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

33

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit O−1 (1−10), # 2 Exhibit O−1 (11−20), # 3 Exhibit O−1 (21−35), # 4 Exhibit O−1 (36−49)) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

34

Appendix to 18 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit O−2) (Shaw, Mark) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

35

STATUS REPORT Millcreek Township 2011 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

36

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: Mark Dietz. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

37

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: Peter Dion. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

38

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: John Orr. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

39

AFFIDAVIT re 35 Status Report by MILLCREEK TOWNSHIP, PA Affiant: Charles Pierce. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

40

Appendix to 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

41

EXHIBITS Exhibit A in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

42

EXHIBITS Exhibit B in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

43

EXHIBITS Exhibit C in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

44

EXHIBITS Exhibit D in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

45

EXHIBITS Exhibit E in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

46

EXHIBITS Exhibit F in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

47

EXHIBITS Exhibit G in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

48

EXHIBITS Exhibit H in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

50

EXHIBITS Exhibit J in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

51

EXHIBITS Exhibit J−1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

52

EXHIBITS Exhibit K in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

53

EXHIBITS Exhibit K−1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

54

EXHIBITS Exhibit K−2 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

55

EXHIBITS Exhibit L in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

56

EXHIBITS Exhibit L−1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

57

EXHIBITS Exhibit L−2 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

58

EXHIBITS Exhibit M in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

59

EXHIBITS Exhibit M−1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

60

EXHIBITS Exhibit N in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

61

EXHIBITS Exhibit N−1 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

62

EXHIBITS Exhibit N−2 in Support of 35 Status Report by MILLCREEK TOWNSHIP, PA. (Shaw, Mark) (Entered: 01/31/2012)

Jan. 31, 2012

Jan. 31, 2012

63

Joint MOTION for Extension of Time to Complete Discovery filed by ALLEN D. BIEHLER, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

64

ORDER granting 63 Motion for Extension of Time to Complete Discovery. Discovery due by 7/30/2012. Plaintiffs Expert Reports due by 8/30/2012 Defendants Expert Reports due by 10/1/2012 Plaintiff's Expert Depositions to be completed by 10/30/2012. Defendant's Expert Depositions to be completed by 11/30/2012. Signed by Judge Sean J. McLaughlin on 5/1/12. (nk, ) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

65

Joint MOTION to Extend Time to File Expert Reports by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

66

ORDER granting 65 Motion to Extend Time for expert reports. Signed by Judge Sean J. McLaughlin on 8/15/12. (nk) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

67

STATUS REPORT 2012 Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit of Mark Dietz, # 2 Affidavit of Peter Dion, # 3 Affidavit of John Orr, # 4 Affidavit of Charles Pierce) (Shaw, Mark) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

68

Appendix to 67 Status Report by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A 2012 Paving List, # 2 Exhibit B Map, # 3 Exhibit C 2012 Reclaim List, # 4 Exhibit D 2012 Slurry Seal List, # 5 Exhibit E 2012 Crack Sealed List, # 6 Exhibit F 2012 Hot Patches, # 7 Exhibit G 2012 Millcreek Streets Accepted, # 8 Exhibit H 2012 Intersection Ramps, # 9 Exhibit H−1 Supporting documents (Ramps), # 10 Exhibit I 2012 Pedestrian Street Crossing Measurements, # 11 Exhibit I−1 Supporting documents (Crossings), # 12 Exhibit J 2012 Sidewalks Installed By Others, # 13 Exhibit J−1 Supporting documents (Sidewalks)) (Shaw, Mark) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

69

ORDER REASSIGNING CASE. Case transferred to the docket of the Honorable Mark R. Hornak, United States District Judge for all further proceedings. Signed by Chief Judge Joy Flowers Conti on 8/28/2013. (nk) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

70

ORDER ON MOTION PRACTICE. Signed by Judge Mark R. Hornak on 8/29/13. (bdb) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

71

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 9/26/13 at 3:00 PM before Judge Mark R. Hornak. Due to the number of participants, the Court will conduct the conference via an AT&T call−in number, which requires participants to dial in and provide an access code. Signed by Judge Mark R. Hornak on 9/17/13. (bdb) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

72

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 9/26/13. (Court Reporter: Sandra Wenger) (jad) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 11/12/13 at 1:30 PM before Judge Mark R. Hornak. Participating counsel shall contact Chambers at 412−208−7433 by 4:00 PM on 11/8/13 with their preferred contact number for the conference. The Court will initiate the call. Counsel for PennDOT shall provide opposing counsel with a response indicating its current position by 10/4/13. Signed by Judge Mark R. Hornak on 9/26/13. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

73

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 11/12/13. (Court Reporter: Sandra Wenger) (jad) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

TEXT ORDER. On or before December 10, 2013, the parties shall file papers in furtherance of their proposed settlement agreements. On or before December 23, 2013, the parties shall file a joint status report listing the remaining issues to resolved. For each such remaining issue, the parties shall provide the Court with either an agreed−upon process of resolution for that issue or the respective positions of the parties with regard to that issue. Signed by Judge Mark R. Hornak on 11/13/13. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

74

NOTICE of Withdrawal of Counsel (Marissa Savastana Watts) by MILLCREEK TOWNSHIP, PA (Shaw, Mark) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

75

STATUS REPORT FILED by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

76

CONSENT DECREE by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit secod consent decree, # 2 Proposed Order) (Markham, Craig) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 76 Consent Decree. ERROR: Wrong event selected. CORRECTION: Re−docketed as Motion to Approve Second Consent Decree and Partial Settlement. This message is for informational purposes only. (sdp) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

77

MOTION to Approve Second Consent Decree, MOTION for Partial Settlement Among Defendant Millcreek Township and Plaintiffs by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Second Consent Decree and Partial Settlement, # 2 Proposed Order) (sdp) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

78

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 1/7/14 at 9:30 AM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T dial−in number, which requires participants to call−in and provide an access code. Signed by Judge Mark R. Hornak on 12/20/13. (bdb) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

ORDER RESCHEDULING CONFERENCE. The Telephonic Status Conference set for 1/7/14 at 9:30 AM is hereby RESCHEDULED for 1/7/14 at 4:00 PM before Judge Mark R. Hornak. The Court will still conduct the call via the AT&T dial−in number. Signed by Judge Mark R. Hornak on 12/23/13. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

ORDER RESCHEDULING CONFERENCE. Due to the Order of Court entered by Chief Judge Conti on 1/6/14 closing the United States District Court for the Western District of Pennsylvania for business on 1/7/14, the Telephonic Status Conference set for 1/7/14 at 4:00 PM is hereby RESCHEDULED for 1/9/14 at 3:00 PM before Judge Mark R. Hornak. The conference will be conducted via the same AT&T dial−in information previously provided. Signed by Judge Mark R. Hornak on 1/6/14. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bdb) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

80

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 1/9/14. (Court Reporter: Sandra Wenger) (jad) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

81

EXHIBITS To Second Consent Decree filed in Support of 77 Motion to Approve Consent Judgment, Motion for Settlement, by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

Clearinghouse
82

ORDER OF COURT. It is hereby ORDERED that 77 Motion to Approve Second Consent Decree and Partial Settlement is ORDERED AND ENTERED. The Motion is hereby GRANTED and the Second Consent Decree is hereby APPROVED and ACCEPTED by the Court. The Court will retain jurisdiction to enforce all terms of this Decree. Signed by Judge Mark R. Hornak on 1/15/14. (bdb) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

83

Consent MOTION for Extension of Time to File 2013 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Proposed Order) (Shaw, Mark) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

84

ORDER GRANTING 83 Consent Motion for Extension of Time to File 2013 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement. Consent Decree and Partial Settlement is hereby EXTENDED to 2/7/14. Signed by Judge Mark R. Hornak on 1/29/14. (bdb) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

85

STATUS REPORT 2013 Report Under Section III of the October 12, 2011 Consent Decree and Partial Settlement by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Affidavit of Mark Dietz, # 2 Affidavit of John Orr, # 3 Affidavit of Charles Pierce, # 4 Affidavit of Matthew Waldinger) (Shaw, Mark) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

86

Appendix to 85 Status Report, by MILLCREEK TOWNSHIP, PA. (Attachments: # 1 Exhibit A 2013 Paving List, # 2 Exhibit B Millcreek Township Street Map, # 3 Exhibit C 2013 Reclaim List, # 4 Exhibit D 2013 Slurry Seal List, # 5 Exhibit E 2013 Crack Seal List, # 6 Exhibit F 2013 Tar and Chip List, # 7 Exhibit G 2013 Hot Patch List, # 8 Exhibit H 2013 Ramps Completed List, # 9 Exhibit H−1 (pgs 1−40) Curb Ramp Compliance Forms, # 10 Exhibit H−1 (pgs 41−78) Curb Ramp Compliance Forms, # 11 Exhibit H−1 (pgs 79−117) Curb Ramp Compliance Forms, # 12 Exhibit I Comparison of 2nd Consent Decree Ramp List with 2013 Ramps Completed) (Shaw, Mark) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

87

SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 2/26/14 at 11:00 AM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call−in number, which requires participants to dial−in and provide an access code. To obtain the information required to participate in the conference, please log−in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e−mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/21/14. (bdb) (Entered:

Feb. 21, 2014

Feb. 21, 2014

89

SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 5/12/14 at 11:00 AM before Judge Mark R. Hornak. A Joint Status Report as to the remaining issues in the case shall be filed on or before 5/5/14. The Court will conduct the call via an AT&T call−in number, which requires participants to dial−in and provide an access code. To obtain the information required to participate in the conference, please log−in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e−mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 2/26/14. (bdb) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

90

NOTICE of Appearance by Mark T. Pavkov on behalf of MILLCREEK TOWNSHIP, PA. (Pavkov, Mark) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

91

SETTLEMENT AGREEMENT BETWEEN COMMONWEALTH OF PA. and PLAINTIFFS, filed by by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Markham, Craig) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

92

Joint MOTION for Settlement Agreement Approval by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

93

ORDER APPROVING 91 Settlement Agreement Between Commonwealth of PA and Plaintiffs. This Court, by Settlement Agreement, resolves certain issues in this lawsuit as contained within, and expressly retains jurisdiction to enforce this Settlement Agreement. Signed by Judge Mark R. Hornak on 3/7/14. (bdb) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

94

ORDER GRANTING 92 Joint Motion for Settlement Agreement Approval. The Court retains jurisdiction of the parties and this action for purposes of interpretation and enforcement of the Settlement Agreement. Signed by Judge Mark R. Hornak on 3/7/14. (bdb) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

95

STATUS REPORT filed by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Markham, Craig) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

96

SCHEDULING ORDER. On or before 7/1/14, the parties shall submit both a joint status report and a joint proposed Case Management Order detailing their plan for bringing the case to its conclusion. A Telephonic Status Conference is hereby SCHEDULED for 7/7/14 at 1:30 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T call−in number, which requires participants to dial−in and provide an access code. To obtain the information required to participate in the conference, please log−in to ECF and open the attached document from the docket of the case (the document will not open from the link in the e−mail). The document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. Signed by Judge Mark R. Hornak on 5/12/14. (bdb) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

97

Minute Entry for proceedings held before Judge Mark R. Hornak: Telephone Status Conference held on 5/12/14. (Court Reporter: Sanda Wenger) (jad) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

98

STATUS REPORT Of The Parties, filed by SHONA EAKIN, PAUL PECUNAS, VOICES FOR INDEPENDENCE, (VFI), MARK ZAHAR. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Markham, Craig) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

Case Details

State / Territory: Pennsylvania

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 20, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, alleging that defendants Millcreek Township, PA and PennDOT failed to provide accessible sidewalks and curb cuts as required by the ADA.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Pennsylvania, State

Millcreek Township, PA (Millcreek Township), City

Defendant Type(s):

Transportation

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $27,2479.97

Order Duration: 2011 - None

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Access to public accommodations - governmental

Transportation

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Sidewalks

disability, unspecified

Mobility impairment

Visual impairment

Discrimination-area:

Disparate Impact

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run