Case: Harris v. Wayne County Airport Authority

2:14-cv-13630 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 19, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 19, 2014, two physically disabled individuals filed a lawsuit in the United States District Court for the Eastern District of Michigan under the Americans with Disabilities Act ("ADA") against the Wayne County Airport Authority ("WCAA"). The plaintiffs, represented by private counsel, claimed that WCAA was violating the ADA in relocating certain buses at Detroit Metro Airport to the ground transportation center, which Plaintiffs allege is congested and unsafe for persons with disab…

On September 19, 2014, two physically disabled individuals filed a lawsuit in the United States District Court for the Eastern District of Michigan under the Americans with Disabilities Act ("ADA") against the Wayne County Airport Authority ("WCAA"). The plaintiffs, represented by private counsel, claimed that WCAA was violating the ADA in relocating certain buses at Detroit Metro Airport to the ground transportation center, which Plaintiffs allege is congested and unsafe for persons with disabilities. Plaintiffs sought declaratory relief and an injunction to enjoin the relocation of the buses until such time as the ground transportation center could be made accessible to disabled individuals.

With their complaint, the Plaintiffs moved for a temporary restraining order ("TRO") and a preliminary injunction. The District Court (Judge David M. Lawson) denied Plaintiffs' motion for a TRO, but set a schedule for the exchange of expert reports, further briefing, and an evidentiary hearing on the request for a preliminary injunction.

On October 17, 2014, the day before the evidentiary hearing was to take place, the parties reached a settlement agreement. As part of the agreement, the buses would remain at their new location at the ground transportation center. However, WCAA must make improvements to the center, including the addition of personal assistance services, improvements to the indoor waiting area, and the removal of obstacles to make the location safer for seniors and disabled individuals. The District Court (Judge Lawson) dismissed the case without prejudice, but retained jurisdiction until September 1, 2015 to enforce the terms of the settlement agreement.

On February 3, 2015, the plaintiff filed a motion to enforce the settlement agreement, claiming that the defendant had refused to comply with several terms of the agreement relating to the condition and architectural configuration of the transportation center. The motion requested that the court provide relief by enforcing the agreement and awarding attorney’s fees.

Following an unsuccessful attempt at mediation and after reviewing declarations and affidavits of the parties, the court issued an opinion and order denying the plaintiff’s motion to enforce the agreement on July 27, 2015. The court found that, although there remained conditions that could present difficulties for users with disabilities at the transportation center, the defendant had not violated the settlement agreement. 2015 WL 4611376. The court dismissed the case with prejudice on December 21, 2015. It is now closed.

Summary Authors

Dan Whitman (10/22/2014)

Sean Mulloy (10/20/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7509913/parties/harris-v-wayne-county-airport-authority/


Judge(s)

Lawson, David M. (Michigan)

Attorney for Plaintiff

Kaiser, Ryan Thomas (Michigan)

Nyman, Melissa (California)

Attorney for Defendant

August, Gary K. (Michigan)

Janisch, Jamie J. (Michigan)

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Documents in the Clearinghouse

Document

2:14-cv-13630

Docket [PACER]

Dec. 21, 2015

Dec. 21, 2015

Docket
1

2:14-cv-13630

Verified Complaint

Sept. 19, 2014

Sept. 19, 2014

Complaint
9

2:14-cv-13630

Plaintiffs' First Amended Complaint

Sept. 29, 2014

Sept. 29, 2014

Complaint

2:14-cv-13630

Settlement reached in airport bus stop case

No Court

Oct. 17, 2014

Oct. 17, 2014

Press Release
22

2:14-cv-13630

Order of Dismissal

Oct. 17, 2014

Oct. 17, 2014

Order/Opinion
25

2:14-cv-13630

Plaintiffs' Motion To Enforce Settlement Agreement and Award Attorney's Fees

Feb. 3, 2015

Feb. 3, 2015

Pleading / Motion / Brief
59

2:14-cv-13630

Opinion and Order Denying Motion to Enforce Settlement Agreement

July 27, 2015

July 27, 2015

Order/Opinion
68

2:14-cv-13630

Opinion and Order Denying Supplemental Motion to Enforce Settlement Agreement and Motion to Enter an Order of Dismissal with Prejudice

Nov. 17, 2015

Nov. 17, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7509913/harris-v-wayne-county-airport-authority/

Last updated March 15, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against Wayne County Airport Authority. Plaintiff requests summons issued. Receipt No: 0645-4822053 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit A - Letter from Governor Snyder) (Turkish, Jason) (Entered: 09/19/2014)

1 Exhibit A - Letter from Governor Snyder

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Sept. 19, 2014

Sept. 19, 2014

RECAP

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)

Sept. 19, 2014

Sept. 19, 2014

PACER
2

SUMMONS Issued for *Wayne County Airport Authority* (KKra) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
3

MOTION for Temporary Restraining Order and / or Preliminary Injunction by All Plaintiffs. (Turkish, Jason) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
4

NOTICE of Appearance by Gary K. August on behalf of Wayne County Airport Authority. (August, Gary) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
5

ORDER DENYING PLAINTIFFS' MOTION 3 . Signed by District Judge Mark A. Goldsmith. (JCur) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER

Minute Entry for proceedings held before District Judge Mark A. Goldsmith: Motion Hearing held on 9/19/2014 re 3 MOTION for Temporary Restraining Order and / or Preliminary Injunction filed by Michael Harris, Karla Hudson. Disposition: DENIED. (Court Reporter David Yarbrough) (JCur)

Sept. 19, 2014

Sept. 19, 2014

PACER
6

NOTICE TO APPEAR: Status Conference set for 9/24/2014 at 11:00 AM before District Judge David M. Lawson. (SPin) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER

Minute Entry for proceedings held before District Judge David M. Lawson: Status Conference held on 9/24/2014 (SJa)

Sept. 24, 2014

Sept. 24, 2014

PACER
7

ORDER Amending Order Denying Plaintiffs' Motion, Setting Briefing Schedule, and Setting Date for Hearing on Motion for Preliminary Injunction.(Plaintiffs' supplemental brief due by 9/29/2014, Defendant must file a response due by 10/13/2014, Witness list submitted to the Court by 10/15/2014 at 12:00 p.m., Evidentiary Hearing re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction set for 10/17/2014 at 2:30 p.m). Signed by District Judge David M. Lawson. (SJa) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
8

ATTORNEY APPEARANCE: Melissa Nyman appearing on behalf of All Plaintiffs (Nyman, Melissa) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
9

AMENDED COMPLAINT, Plaintiffs' First Amended Complaint filed by All Plaintiffs against Wayne County Airport Authority. NO NEW PARTIES ADDED. (Turkish, Jason) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
10

NOTICE by All Plaintiffs of the Filing of Expert Reporty by Gary Talbot (Turkish, Jason) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
11

NOTICE by All Plaintiffs of the Filing of Expert Report by Julie Unatin (Turkish, Jason) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
12

SUPPLEMENTAL BRIEF re 3 MOTION for Temporary Restraining Order and / or Preliminary Injunction filed by All Plaintiffs. (Turkish, Jason) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

PACER
13

NOTICE TO APPEAR: Case Management and Scheduling Conference set for 10/17/2014 at 2:30 PM before District Judge David M. Lawson, after motion hearing. See image for document deadline. (SPin) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
14

AMENDED 12 Supplemental Brief by All Plaintiffs with correction of typographical error(s) and no substantive changes (Turkish, Jason) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER

Reset Time of Hearing: Evidentiary Hearing reset to 1:00 P.M. on 10/17/2014 at 1:00 PM before District Judge David M. Lawson instead of 2:30 P.M. (SPin)

Oct. 8, 2014

Oct. 8, 2014

PACER
15

ANSWER to Amended Complaint with Affirmative Defenses and Certificate of Service by Wayne County Airport Authority. (August, Gary) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

PACER
16

RESPONSE to 3 MOTION for Temporary Restraining Order and / or Preliminary Injunction filed by Wayne County Airport Authority. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Kemper Affidavit, # 3 Exhibit 2-Hunt Affidavit, # 4 Exhibit 3-Michigan Flyer Press Release, # 5 Exhibit 4-McGowan Affidavit, # 6 Exhibit 5-Walker Affidavit, # 7 Exhibit 6-Adelson Expert Report, # 8 Exhibit 7-Michigan Flyer Newsletter, # 9 Exhibit 8-Plawecki Affidavit, # 10 Exhibit 9-ACRP Report) (August, Gary) (Entered: 10/13/2014)

1 Index of Exhibits

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2 Exhibit 1-Kemper Affidavit

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3 Exhibit 2-Hunt Affidavit

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4 Exhibit 3-Michigan Flyer Press Release

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5 Exhibit 4-McGowan Affidavit

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6 Exhibit 5-Walker Affidavit

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7 Exhibit 6-Adelson Expert Report

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8 Exhibit 7-Michigan Flyer Newsletter

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9 Exhibit 8-Plawecki Affidavit

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10 Exhibit 9-ACRP Report

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Oct. 13, 2014

Oct. 13, 2014

PACER
17

CERTIFICATE OF SERVICE by Wayne County Airport Authority Bruce Adelson Expert Report (August, Gary) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

PACER

Set Deadlines/Hearings: TIME CHANGE ONLY Evidentiary Hearing set for 10/17/2014 09:30 AM before District Judge David M. Lawson (MOre)

Oct. 14, 2014

Oct. 14, 2014

PACER
18

NOTICE of Appearance by Jamie J. Janisch on behalf of Wayne County Airport Authority. (Janisch, Jamie) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
19

NOTICE by All Plaintiffs re 10 Notice (Other) of the Filing of an Amendment to "Attachment 2" to the Report of Expert Gary Talbot (Turkish, Jason) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
20

Plaintiff's October 17 Evidentiary Hearing on Motion for Preliminary Injunction WITNESS LIST by All Plaintiffs (Turkish, Jason) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
21

October 17, 2014, Evidentiary Hearing WITNESS LIST by Wayne County Airport Authority (August, Gary) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Settlement Conference held on 10/16/2014, ( Settlement Conference set for 10/17/2014 09:30 AM before District Judge David M. Lawson) (MOre)

Oct. 16, 2014

Oct. 16, 2014

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Settlement Conference held on 10/17/2014 Disposition: Settlement Placed on the Record(Court Reporter Rene Twedt) (MOre)

Oct. 17, 2014

Oct. 17, 2014

PACER
22

ORDER DISMISSING CASE WITHOUT PREJUDICE Signed by District Judge David M. Lawson. (MOre) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
23

CERTIFICATE of Service/Summons Returned Executed. All Plaintiffs. (Turkish, Jason) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
24

TRANSCRIPT of Settlement Hearing held on 10/17/2014. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 23) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/21/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/29/2015. 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, the transcript is publicly available. (Twedt, R) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
25

MOTION to Enforce Judgment pursuant to the terms of a settlement agreement by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A, # 3 Exhibit -B, # 4 Exhibit -C, # 5 Exhibit -D, # 6 Exhibit -E) (Turkish, Jason) (Entered: 02/03/2015)

1 Index of Exhibits

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2 Exhibit -A

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3 Exhibit -B

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4 Exhibit -C

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5 Exhibit -D

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6 Exhibit -E

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Feb. 3, 2015

Feb. 3, 2015

PACER
26

NOTICE of Evidentiary Hearing on 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement. Motion Hearing set for 3/12/2015 at 1:00 PM before District Judge David M. Lawson. (SPin) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
27

RESPONSE to 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Wayne County Airport Authority. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Settlement Agreement, # 3 Exhibit 2-Michigan Flyer Release, # 4 Exhibit 3-Declaration of Matthew McGowan, # 5 Exhibit 4-AirBus FAQs, # 6 Exhibit 5-Declaration of Joe McCabe, # 7 Exhibit 6-AirRide FAQs, # 8 Exhibit 7-Declaration of Tom McCarthy, # 9 Exhibit 8-Declaration of Bruce Adelson, # 10 Exhibit 9-E-mail Chain, # 11 Exhibit 10-Letter from Jason Turkish, # 12 Exhibit 11-News Article) (August, Gary) (Entered: 02/17/2015)

1 Index of Exhibits

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2 Exhibit 1-Settlement Agreement

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3 Exhibit 2-Michigan Flyer Release

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4 Exhibit 3-Declaration of Matthew McGowan

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5 Exhibit 4-AirBus FAQs

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6 Exhibit 5-Declaration of Joe McCabe

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7 Exhibit 6-AirRide FAQs

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8 Exhibit 7-Declaration of Tom McCarthy

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9 Exhibit 8-Declaration of Bruce Adelson

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10 Exhibit 9-E-mail Chain

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11 Exhibit 10-Letter from Jason Turkish

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12 Exhibit 11-News Article

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Feb. 17, 2015

Feb. 17, 2015

PACER
28

Hearing on Plaintiffs' Motion to Enforce Settlement Agreement WITNESS LIST by Wayne County Airport Authority (August, Gary) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
29

NOTICE by Wayne County Airport Authority re 27 Response to Motion,, Filing of Notarized Declaration of Bruce Adelson (Attachments: # 1 Exhibit A-Notarized Declaration of Bruce Adelson) (Janisch, Jamie) (Entered: 02/18/2015)

1 Exhibit A-Notarized Declaration of Bruce Adelson

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Feb. 18, 2015

Feb. 18, 2015

PACER
30

NOTICE by Michael Harris, Karla Hudson re 26 Notice of Hearing on Motion, 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement Plaintiff's Witness List (Turkish, Jason) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
31

REPLY to Response re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A, # 3 Exhibit -B, # 4 Exhibit -C) (Turkish, Jason) (Entered: 02/24/2015)

1 Index of Exhibits

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2 Exhibit -A

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3 Exhibit -B

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4 Exhibit -C

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Feb. 24, 2015

Feb. 24, 2015

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Telephonic Status Conference held on 2/25/2015. (SPin)

Feb. 25, 2015

Feb. 25, 2015

PACER
32

ORDER of Referral to Facilitative Mediation. Status Conference set for 4/29/2015 04:00 PM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER

Reset Hearing as to 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement. Motion Hearing reset for 3/30/2015 at 9:00 AM before District Judge David M. Lawson. (SPin)

March 3, 2015

March 3, 2015

PACER

Set Deadlines/Hearings: Post ADR Status Conference reset for 3/30/2015 at 11:00 AM before District Judge David M. Lawson. (SPin)

March 12, 2015

March 12, 2015

PACER

TEXT-ONLY NOTICE: Post ADR Status Conference on 3/30/2015 is Cancelled. (SPin)

March 16, 2015

March 16, 2015

PACER
33

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/18/2015 at 3:00 PM before District Judge David M. Lawson. (SPin) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Telephonic Status Conference held on 3/18/2015. (SPin)

March 18, 2015

March 18, 2015

PACER

TEXT-ONLY NOTICE: Hearing on 3/30/2015 is Cancelled. (SPin)

March 18, 2015

March 18, 2015

PACER
34

ORDER Setting Hearing Date and Deadlines for Submission of Affidavits. Set Motion and R&R Deadlines/Hearings as to 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement: Affidavits and Documentary Evidence due by 3/25/2015; Rebuttal Affidavits due by 4/1/2015; Motion Hearing set for 4/28/2015 at 9:00 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
35

AMENDED ORDER Setting Hearing Date and Deadlines for Submission of Affidavits. Set Motion and R&R Deadlines/Hearings as to 25 MOTION to Enforce Judgment. Affidavits and documentary evidence due by 4/7/2015, rebuttal affidavits, if any, due by 4/14/2015. Motion Hearing set for 4/28/2015 at 9:00 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
36

DECLARATION by Tom McCarthy re 27 Response to Motion,, filed by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Photographs of Additional Detectable Warning Strips, # 3 Exhibit B: Excerpt regarding Infrared Heating, # 4 Exhibit C: Specification Sheet for Bus Shelter Heaters) (Janisch, Jamie) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit A: Photographs of Additional Detectable Warning Strips

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3 Exhibit B: Excerpt regarding Infrared Heating

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4 Exhibit C: Specification Sheet for Bus Shelter Heaters

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April 7, 2015

April 7, 2015

PACER
37

DECLARATION by Matt McGowan re 27 Response to Motion,, filed by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: AirBus Spring Break 2015 Schedule, # 3 Exhibit B: AAATA Application to Install Signs, # 4 Exhibit C: WCAA March 9, 2015, E-mail to AAATA, # 5 Exhibit D: AAATA March 24, 2015, E-mail to WCAA, # 6 Exhibit E: WCAA March 30, 2015, E-mail to AAATA, # 7 Exhibit F: Register of Actions Michigan Flyer Ticket, # 8 Exhibit G: February 2015 Temperatures) (Janisch, Jamie) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit A: AirBus Spring Break 2015 Schedule

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3 Exhibit B: AAATA Application to Install Signs

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4 Exhibit C: WCAA March 9, 2015, E-mail to AAATA

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5 Exhibit D: AAATA March 24, 2015, E-mail to WCAA

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6 Exhibit E: WCAA March 30, 2015, E-mail to AAATA

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7 Exhibit F: Register of Actions Michigan Flyer Ticket

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8 Exhibit G: February 2015 Temperatures

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April 7, 2015

April 7, 2015

PACER
38

DECLARATION by Dale Walker re 27 Response to Motion,, filed by Wayne County Airport Authority (Janisch, Jamie) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
39

DECLARATION by Bruce Adelson re 27 Response to Motion,, filed by Wayne County Airport Authority (Janisch, Jamie) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
40

DECLARATION by Daniel C. Maser re 27 Response to Motion,, filed by Wayne County Airport Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Diagram of Air Sampling Locations, # 3 Exhibit B: Final Report-Air Quality Testing) (Janisch, Jamie) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit A: Diagram of Air Sampling Locations

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3 Exhibit B: Final Report-Air Quality Testing

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April 7, 2015

April 7, 2015

PACER
41

AFFIDAVIT of Karla Hudson re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Turkish, Jason) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
42

AFFIDAVIT of Michael Harris re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Turkish, Jason) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
43

AFFIDAVIT of Gary Talbot re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A, # 3 Exhibit -B, # 4 Exhibit -C, # 5 Exhibit -D, # 6 Exhibit -E, # 7 Exhibit -F) (Turkish, Jason) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit -A

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3 Exhibit -B

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4 Exhibit -C

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5 Exhibit -D

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6 Exhibit -E

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7 Exhibit -F

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April 7, 2015

April 7, 2015

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44

AFFIDAVIT of Chad Cushman re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A, # 3 Exhibit -B, # 4 Exhibit -C, # 5 Exhibit -D, # 6 Exhibit -E, # 7 Exhibit -F, # 8 Exhibit -G, # 9 Exhibit -H, # 10 Exhibit -I, # 11 Exhibit -J, # 12 Exhibit -K) (Turkish, Jason) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit -A

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3 Exhibit -B

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4 Exhibit -C

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5 Exhibit -D

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6 Exhibit -E

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7 Exhibit -F

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8 Exhibit -G

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9 Exhibit -H

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10 Exhibit -I

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11 Exhibit -J

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12 Exhibit -K

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April 7, 2015

April 7, 2015

PACER
45

AFFIDAVIT of Oded Norkin re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A, # 3 Exhibit -B, # 4 Exhibit -C) (Turkish, Jason) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit -A

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3 Exhibit -B

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4 Exhibit -C

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April 7, 2015

April 7, 2015

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46

AFFIDAVIT of Jason Balk re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A) (Turkish, Jason) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit -A

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April 7, 2015

April 7, 2015

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AFFIDAVIT of Diane Moore re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A) (Turkish, Jason) (Entered: 04/07/2015)

1 Index of Exhibits

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2 Exhibit -A

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April 7, 2015

April 7, 2015

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48

AFFIDAVIT of Mark Grebner re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. (Turkish, Jason) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

PACER
49

DECLARATION by Matthew McGowan re 27 Response to Motion,, filed by Wayne County Airport Authority (Janisch, Jamie) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
50

DECLARATION by Tom McCarthy re 27 Response to Motion,, filed by Wayne County Airport Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Temperature Chart, # 3 Exhibit B: Monthly Temperatures, # 4 Exhibit C: Graphs of Monthly Normal Temperatures) (Janisch, Jamie) (Entered: 04/14/2015)

1 Index of Exhibits

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2 Exhibit A: Temperature Chart

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3 Exhibit B: Monthly Temperatures

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4 Exhibit C: Graphs of Monthly Normal Temperatures

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April 14, 2015

April 14, 2015

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51

DECLARATION by Gary A. Rotter re 27 Response to Motion,, filed by Wayne County Airport Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Photographs from Escalator, # 3 Exhibit B: Photograph of MetroCars Blade Sign) (Janisch, Jamie) (Entered: 04/14/2015)

1 Index of Exhibits

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2 Exhibit A: Photographs from Escalator

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3 Exhibit B: Photograph of MetroCars Blade Sign

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April 14, 2015

April 14, 2015

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52

DECLARATION by Michael J. Rudzinski re 27 Response to Motion,, filed by Wayne County Airport Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: WCAA Website, # 3 Exhibit B: Excerpt from FY2015 Approved Budget) (Janisch, Jamie) (Entered: 04/14/2015)

1 Index of Exhibits

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2 Exhibit A: WCAA Website

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3 Exhibit B: Excerpt from FY2015 Approved Budget

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April 14, 2015

April 14, 2015

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53

DECLARATION by Dale Walker re 27 Response to Motion,, filed by Wayne County Airport Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A: Michigan Flyer Website, # 3 Exhibit B: Michigan Flyer Press Release) (Janisch, Jamie) (Entered: 04/14/2015)

1 Index of Exhibits

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2 Exhibit A: Michigan Flyer Website

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3 Exhibit B: Michigan Flyer Press Release

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April 14, 2015

April 14, 2015

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54

DECLARATION by Bruce L. Adelson re 27 Response to Motion,, filed by Wayne County Airport Authority (Janisch, Jamie) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
55

DECLARATION by Andrew Bachmann re 27 Response to Motion,, filed by Wayne County Airport Authority (Janisch, Jamie) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

PACER
56

STIPULATED ORDER Permitting Argument Regarding Overhead Signage Dispute. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
57

MOTION to Strike 54 Declaration Rebuttal Affidavit of Defense Expert Bruce Adelson by Michael Harris, Karla Hudson. (Attachments: # 1 Exhibit -A) (Turkish, Jason) (Entered: 04/23/2015)

1 Exhibit -A

View on PACER

April 23, 2015

April 23, 2015

PACER
58

ORDER Denying Plaintiff's 57 Motion to Strike Rebuttal Affidavit of Bruce Adelson. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 4/28/2015 re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement filed by Michael Harris, Karla Hudson. Disposition: Taken under advisement. (Court Reporter Rene Twedt) (SPin)

April 28, 2015

April 28, 2015

PACER
59

OPINION and ORDER Denying 25 Motion to Enforce Settlement Agreement. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
60

ORDER Permitting Parties to Submit Supplemental Briefs Regarding Overhead Signage Dispute. Plaintiff's Supplemental Brief due by 8/14/2015; Defendant's Responsive Brief due by 8/21/2015. Signed by District Judge David M. Lawson. (SPin) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
61

TRANSCRIPT of Motion to Enforce held on 04/28/2015. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 67) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 11/2/2015. 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, the transcript is publicly available. (Twedt, R) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

PACER
62

SUPPLEMENTAL BRIEF re 25 MOTION to Enforce Judgment pursuant to the terms of a settlement agreement, 60 Order, Set Deadlines/Hearings,, filed by Michael Harris, Karla Hudson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit -A, # 3 Exhibit -B) (Turkish, Jason) (Entered: 08/14/2015)

1 Index of Exhibits

View on PACER

2 Exhibit -A

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3 Exhibit -B

View on PACER

Aug. 14, 2015

Aug. 14, 2015

PACER
63

SUPPLEMENTAL BRIEF re 62 Supplemental Brief, filed by Wayne County Airport Authority. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19) (August, Gary) (Entered: 08/21/2015)

1 Index of Exhibits

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

10 Exhibit 9

View on PACER

11 Exhibit 10

View on PACER

12 Exhibit 11

View on PACER

13 Exhibit 12

View on PACER

14 Exhibit 13

View on PACER

15 Exhibit 14

View on PACER

16 Exhibit 15

View on PACER

17 Exhibit 16

View on PACER

18 Exhibit 17

View on PACER

19 Exhibit 18

View on PACER

20 Exhibit 19

View on PACER

Aug. 21, 2015

Aug. 21, 2015

PACER
64

MOTION for Order Converting October 17, 2014, Dismissal without Prejudice to a Dismissal with Prejudice by Wayne County Airport Authority. (August, Gary) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
65

NOTICE OF HEARING on 64 MOTION for Order Converting October 17, 2014 Dismissal without Prejudice to a Dismissal with Prejudice. Motion Hearing set for 11/16/2015 at 3:00 PM before District Judge David M. Lawson. (SPin) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
66

RESPONSE to 64 MOTION for Order Converting October 17, 2014, Dismissal without Prejudice to a Dismissal with Prejudice filed by Michael Harris, Karla Hudson. (Turkish, Jason) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
67

NOTICE of Appearance by Ryan Thomas Kaiser on behalf of All Plaintiffs. (Kaiser, Ryan) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER

Minute Entry for proceedings before District Judge David M. Lawson: Motion Hearing held on 11/16/2015 re 64 MOTION for Order Converting October 17, 2014, Dismissal without Prejudice to a Dismissal with Prejudice filed by Wayne County Airport Authority. Disposition: Taken under advisement. (Court Reporter Rene Twedt) (SPin)

Nov. 16, 2015

Nov. 16, 2015

PACER
68

OPINION and ORDER Denying Supplemental Motion to Enforce Settlement Agreement and 64 Motion to Enter an Order of Dismissal With Prejudice. Signed by District Judge David M. Lawson. (SPin) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
69

STIPULATION of Dismissal to convert dismissal without prejudice to a dismissal with prejudice by All Plaintiffs (Turkish, Jason) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
70

Stipulated ORDER Dismissing Case with prejudice. Signed by District Judge David M. Lawson. (SSch) (Entered: 12/22/2015)

Dec. 21, 2015

Dec. 21, 2015

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 19, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two physically disabled individuals.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Detroit Metro Airport (Romulus, Wayne), None

Defendant Type(s):

Transportation

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 0

Order Duration: 2014 - 2015

Content of Injunction:

Reasonable Accommodation

Preliminary relief request withdrawn/mooted

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Transportation

Disability and Disability Rights:

Reasonable Accommodations

Mobility impairment

Visual impairment

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run