Case: Daniels-Finegold v. Massachusetts Bay Transportation Authority

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

Filed Date: July 25, 2002

Clearinghouse coding complete

Case Summary

In the U.S. District Court for the District of Massachusetts, on July 25, 2002, eight named plaintiffs sued the Massachusetts Bay Transportation Authority ("MBTA"), and two of its' officials, for what the plaintiffs alleged was a systematic failure by the defendants to provide basic, necessary public transportation services to plaintiffs and other similarly situated persons having physical, medical, and sensory disabilities. According to the complaint, the defendants' conduct violated the Amer…

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

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

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

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

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

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

Summary Authors

Mike Fagan (6/5/2008)

People


Judge(s)
Attorney for Plaintiff

Kaplan, Todd (Massachusetts)

Attorney for Defendant

Erlich, Scott E. (Massachusetts)

Henderson, David C. (Massachusetts)

Expert/Monitor/Master/Other

Bolzan, Anthony L. (Massachusetts)

Doucette, Tarmattie (Massachusetts)

show all people

Documents in the Clearinghouse

Document

1:02-cv-11504

Docket (PACER)

Feb. 1, 2007

Feb. 1, 2007

Docket
1

1:02-cv-11504

Complaint

Harris v. Massachusetts Bay Transportation Authority

July 25, 2002

July 25, 2002

Complaint
11

1:02-cv-11504

Stipulation of Dismissal of Defendants James H. Scanlon and Michael E. Mulhern

Harris v. Massachusetts Bay Transportation Authority

Oct. 2, 2002

Oct. 2, 2002

Pleading / Motion / Brief
22

1:02-cv-11504

Amended Complaint

Feb. 9, 2004

Feb. 9, 2004

Complaint
48

1:02-cv-11504

Order Granting Preliminary Approval of Settlement Agreement and Notice of Fairness Hearing

April 20, 2006

April 20, 2006

Order/Opinion
50

1:02-cv-11504

Order for Final Judgment

June 15, 2006

June 15, 2006

Order/Opinion
50-1

1:02-cv-11504

Settlement Agreement

June 15, 2006

June 15, 2006

Settlement Agreement

Docket

Last updated March 2, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed. Case assigned to Judge: Lasker. Receipt #: 40724 Amount:$ 150.00. Fee Status: paid (sat) (Entered: 07/26/2002)

July 25, 2002

July 25, 2002

Summons issued for Massachusetts Bay Transportation Authority, James H. Scanlon, Michael H. Mulhern (sat) (Entered: 07/26/2002)

July 25, 2002

July 25, 2002

2

Return receipt received for mail sent to: MBTA with delivery on 7/26/02 accepted by: n/a delivered at: Boston, MA (seh) (Entered: 08/08/2002)

Aug. 8, 2002

Aug. 8, 2002

3

Return receipt received for mail sent to: James H. Scanlon with delivery on 7/26/02 accepted by: n/a delivered at: Boston, MA (seh) (Entered: 08/08/2002)

Aug. 8, 2002

Aug. 8, 2002

4

Return receipt received for mail sent to: Michael H. Mulhern with delivery on 7/26/02 accepted by: n/a delivered at: Boston, MA (seh) (Entered: 08/08/2002)

Aug. 8, 2002

Aug. 8, 2002

5

Motion by James H. Scanlon, Michael H. Mulhern to dismiss , filed; c/s. (sat) (Entered: 09/19/2002)

Sept. 17, 2002

Sept. 17, 2002

6

Memorandum by James H. Scanlon, Michael H. Mulhern in support of [5−1] motion to dismiss, filed; c/s. (sat) (Entered: 09/19/2002)

Sept. 17, 2002

Sept. 17, 2002

7

Answer by Massachusetts Bay Tr to complaint, filed; c/s. (sat) (Entered: 09/19/2002)

Sept. 17, 2002

Sept. 17, 2002

8

Return of service executed as to James H. Scanlon with service on 9/19/02 filed. Answer due on 10/9/02 for James H. Scanlon (seh) (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

9

Return of service executed as to Michael H. Mulhern with service on 9/19/02 filed. Answer due on 10/9/02 for Michael H. Mulhern (seh) (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

10

Return of service executed as to Massachusetts Bay Tr with service on 9/20/02 filed. Answer due on 10/10/02 for Massachusetts Bay Tr (seh) (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

11

Stipulation of dismissal of DEFANDANTS JAMES H. SCANLON AND MICHAEL H. MULHERN by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James Scanlon, Michael H. Mulhern without prejudice, filed; c/s. (sat) (Entered: 10/04/2002)

Oct. 2, 2002

Oct. 2, 2002

Judge Morris E. Lasker. Endorsement re: [11−1] dismiss/dismissal stipulation.....So ordered. cc/cl. (sat) (Entered: 10/08/2002)

Oct. 7, 2002

Oct. 7, 2002

Mail sent to Aysha Batson returned by Post Office because: unclaimed. (sat) (Entered: 10/08/2002)

Oct. 8, 2002

Oct. 8, 2002

12

Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James H. Scanlon, Michael H. Mulhern for approval of proposed order ounder L.R. 16.1 , filed. . (seh) (Entered: 10/18/2002)

Oct. 17, 2002

Oct. 17, 2002

Judge Morris E. Lasker . Endorsed Order entered granting [12−1] joint motion for approval of proposed order ounder L.R. 16.1 . MOTION ALLOWED. cc/cl [EOD Date 10/25/02] (seh) (Entered: 10/25/2002)

Oct. 18, 2002

Oct. 18, 2002

13

Judge Morris E. Lasker . Order entered under L.R. 16.1. [EOD Date 10/25/02] cc/cl (seh) (Entered: 10/25/2002)

Oct. 18, 2002

Oct. 18, 2002

14

Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James H. Scanlon, Michael H. Mulhern to extend time to 1/17/03 to compliance

Nov. 12, 2002

Nov. 12, 2002

15

Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, Massachusetts Bay Tr, James H. Scanlon, Michael H. Mulhern to extend time to March 28,2003 to regarding compliance with Local Rule 16.1 , filed. c/s . (ghh) (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

Judge Morris E. Lasker . Endorsed Order entered granting [15−1] joint motion to extend time to March 28,2003 to regarding compliance with Local Rule 16.1 . [EOD Date 1/22/03] cc/cl (ghh) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

16

Joint motion by Janis Harris, Matlyn D. Starks, Eileen Brewster, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach, James H. Scanlon, Michael H. Mulhern, MBTA to extend time to 7/28/03 regarding compliance with L.R. 16.1 , filed. . (seh) (Entered: 03/27/2003)

March 25, 2003

March 25, 2003

Judge Morris E. Lasker . Endorsed Order entered granting [16−1] joint motion to extend time to 7/28/03 regarding compliance with L.R. 16.1. MOTION ALLOWED. cc/cl [EOD Date 4/2/03] (seh) (Entered: 04/02/2003)

March 31, 2003

March 31, 2003

17

REPORT and JOINT MOTION for Extension of Time of the March 31, 2003 Order to October 31, 2003 filed by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Massachusetts Bay Transportation Authority, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Tebo, Susan) (Entered: 07/23/2003)

July 22, 2003

July 22, 2003

Judge Morris E. Lasker : ORDER entered−motion allowed. re 17 MOTION for Extension of Time to October 31, 2003 filed by Massachusetts Bay Transportation Authority, Eileen Brewster, Janis Harris, Matlyn D. Starks, Rogera Robinson, John Alleyne, Gene Smith, Reginald Clark, Louise Beach.cc/cl(Howarth, George) (Entered: 07/29/2003)

July 28, 2003

July 28, 2003

18

REPORT AND JOINT MOTION for Extension of Time to 12/5/2003 for discovery by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Massachusetts Bay Transportation Authority, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Holahan, Sandra) (Entered: 10/28/2003)

Oct. 23, 2003

Oct. 23, 2003

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 18 Motion for Extension of Time till December 5, 2003 regarding compliance with Local Rule 16.1.cc/cl (Howarth, George) (Entered: 11/05/2003)

Oct. 29, 2003

Oct. 29, 2003

19

REPORT &JOINT MOTION to Extend Time to 11/5/03 Order under local rule by Reginald Clark, Janis Harris, Massachusetts Bay Transportation Authority, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Johnson, Jay) (Entered: 12/03/2003)

Dec. 2, 2003

Dec. 2, 2003

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 19 Motion for Extension of Time up to and including March 5, 2004.cc/cl (Howarth, George) (Entered: 12/15/2003)

Dec. 8, 2003

Dec. 8, 2003

20

MOTION for Leave to File Amended Complaint by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Rogera Robinson, Gene Smith, Matlyn D. Starks.(Holahan, Sandra) (Entered: 02/06/2004)

Feb. 4, 2004

Feb. 4, 2004

21

MOTION to Certify Class by John Alleyne, Louise Beach, Eileen Brewster, Reginald Clark, Janis Harris, Rogera Robinson, Gene Smith, Matlyn D. Starks. (Attachments: # 1 Exhibit A (NOT SCANNED))(Holahan, Sandra) (Entered: 02/06/2004)

Feb. 4, 2004

Feb. 4, 2004

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 21 Motion to Certify Class on Consent.cc/cl (Howarth, George) (Entered: 02/17/2004)

Feb. 9, 2004

Feb. 9, 2004

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 20 Motion for Leave to File Amended Complaint.cc/cl (Howarth, George) (Entered: 02/17/2004)

Feb. 9, 2004

Feb. 9, 2004

***Attorney Daniel S. Manning for MYRNAIRIS CEPEDA; JOANNE DANIELS−FINEGOLD; ANDREW FORMAN; MADELYN JOAN GOLDEN; DANFORD LARKIN; ROBERT PARK; Boston Center For Independent Living, Inc. and MAUREEN CANCEMI, Taramattie Doucette for MYRNAIRIS CEPEDA; JOANNE DANIELS−FINEGOLD; ANDREW FORMAN; MADELYN JOAN GOLDEN; DANFORD LARKIN; ROBERT PARK; Boston Center For Independent Living, Inc. and MAUREEN CANCEMI added. (Howarth, George) (Entered: 02/17/2004)

Feb. 9, 2004

Feb. 9, 2004

23

JOINT MOTION for Scheduling Conference filed by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, Massachusetts Bay Transportation Authority, ROBERT PARK, Rogera Robinson, Gene Smith.(Tebo, Susan) (Entered: 03/02/2004)

March 1, 2004

March 1, 2004

24

NOTICE of Scheduling Conference Scheduling Conference set for 4/8/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. cc/cl(Howarth, George) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

Notice Resetting Hearing. Hearing rescheduled from April 8, 2004 at 2:15 p.m: to: 04/12/04 at 2:15 p.m..cc/cl (Howarth, George) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

25

ANSWER to Amended Complaint by Massachusetts Bay Transportation Authority.(Holahan, Sandra) (Entered: 03/17/2004)

March 12, 2004

March 12, 2004

NOTICE OF RESCHEDULING Scheduling Conference set April 12, 2004 is now set for 4/15/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George) (Entered: 04/05/2004)

April 5, 2004

April 5, 2004

26

JOINT STATEMENT re scheduling conference. (Howarth, George) (Entered: 04/13/2004)

April 8, 2004

April 8, 2004

27

CERTIFICATION pursuant to Local Rule 16.1 by Massachusetts Bay Transportation Authority.(Howarth, George) (Entered: 04/13/2004)

April 8, 2004

April 8, 2004

28

CERTIFICATION pursuant to Local Rule 16.1 by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, ROBERT PARK, Rogera Robinson, Gene Smith.(Howarth, George) (Entered: 04/21/2004)

April 13, 2004

April 13, 2004

29

Judge Morris E. Lasker : ORDER entered SCHEDULING ORDER:Fact Discovery due by 12/31/2004.Pltf's expert disclosures by 01/31/05,deft's expert disclosures by 02/28,2005. Expert deposition completed on or before 03/31/05. Motions due by 4/15/2005, respond due within 21 days.(Howarth, George) (Entered: 04/29/2004)

April 26, 2004

April 26, 2004

30

JOINT MOTION for ENTRY of Stipulated Protective Order by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, Massachusetts Bay Transportation Authority, ROBERT PARK, Rogera Robinson, Gene Smith.(Howarth, George) (Entered: 07/20/2004)

July 13, 2004

July 13, 2004

31

Judge Morris E. Lasker : ORDER entered STIPULATEDPROTECTIVE ORDER(Howarth, George) (Entered: 08/05/2004)

Aug. 4, 2004

Aug. 4, 2004

32

MOTION To take more than Ten Depositions and request for oral arguments. by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, ROBERT PARK, Rogera Robinson, Gene Smith.(Howarth, George) (Entered: 11/15/2004)

Nov. 12, 2004

Nov. 12, 2004

33

MEMORANDUM in Support re 32 MOTION To take more than Ten Depositions filed by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, ROBERT PARK, Rogera Robinson, Gene Smith. (Howarth, George) (Entered: 11/15/2004)

Nov. 12, 2004

Nov. 12, 2004

35

Opposition re 32 MOTION To take more than Ten Depositions filed by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Howarth, George) (Entered: 12/01/2004)

Nov. 24, 2004

Nov. 24, 2004

34

MOTION for Leave to File Amended Motion to Take More Than Ten Depositions by JOANNE DANIELS−FINEGOLD. (Attachments: # 1)(Manning, Daniel) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

NOTICE of Hearing on Motion 32 MOTION To take more than Ten Depositions: Motion Hearing set for 12/8/2004 10:00 AM in Courtroom 8 before Judge Morris E. Lasker. (Howarth, George) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

ELECTRONIC Clerk's Notes for proceedings held before Judge Morris E. Lasker : Motion Hearing held on 12/8/2004 re 32 MOTION To take more than Ten Depositions filed by Boston Center For Independent Living, Inc., Rogera Robinson, Gene Smith, Reginald Clark, JOANNE DANIELS−FINEGOLD, MADELYN JOAN GOLDEN, MYRNAIRIS CEPEDA, MAUREEN CANCEMI, ANDREW FORMAN, DANFORD LARKIN, ROBERT PARK. Arguments; motion taken under advisement (Court Reporter none.) (Howarth, George) (Entered: 12/10/2004)

Dec. 8, 2004

Dec. 8, 2004

38

Judge Morris E. Lasker : ORDER entered denying 32 Motion Take more than 10 depositions.For full text see docket no 38 . (Howarth, George) Modified on 2/11/2005 (Howarth, George). Modified on 6/22/2005 (Catino2, Theresa). (Entered: 01/04/2005)

Dec. 13, 2004

Dec. 13, 2004

37

NOTICE of Appearance by Salvador M. Llach on behalf of Massachusetts Bay Transportation Authority. c/s. (Bell, Marie) (Entered: 12/30/2004)

Dec. 27, 2004

Dec. 27, 2004

36

JOINT MOTION to Amend 26 Joint statement re scheduling conference by Boston Center For Independent Living, Inc., MAUREEN CANCEMI, MYRNAIRIS CEPEDA, Reginald Clark, JOANNE DANIELS−FINEGOLD, ANDREW FORMAN, MADELYN JOAN GOLDEN, DANFORD LARKIN, Massachusetts Bay Transportation Authority, ROBERT PARK, Rogera Robinson, Gene Smith. c/s.(Bell, Marie) (Entered: 12/30/2004)

Dec. 29, 2004

Dec. 29, 2004

Judge Morris E. Lasker : ORDER entered granting 36 Motion to Amend Scheduling Order. (Howarth, George) Modified on 2/11/2005 (Howarth, George). Modified on 6/22/2005 (Catino2, Theresa). (Entered: 01/07/2005)

Jan. 4, 2005

Jan. 4, 2005

39

JOINT MOTION to Amend Scheduling Order by Boston Center For Independent Living, Inc., ROBERT PARK, DANFORD LARKIN, ANDREW FORMAN, MAUREEN CANCEMI, MYRNAIRIS CEPEDA, MADELYN JOAN GOLDEN, JOANNE DANIELS−FINEGOLD, Rogera Robinson, Gene Smith, Reginald Clark, Massachusetts Bay Transportation Authority.(Howarth, George) (Entered: 04/04/2005)

March 30, 2005

March 30, 2005

NOTICE of Hearing re Status Conference :Hearing set for 4/13/2005 10:00 AM in Courtroom 8 before Judge Morris E. Lasker. (Howarth, George) (Entered: 04/05/2005)

April 5, 2005

April 5, 2005

Clerk's Notes for proceedings held before Judge Morris E. Lasker : Status Conference held on 4/13/2005.Proposed amended scheduling order adopted by the Court. Parties to file joint report of progress of case by beginning October 2005 (Court Reporter none.) (Howarth, George) (Entered: 04/19/2005)

April 13, 2005

April 13, 2005

Judge Morris E. Lasker : ORDER entered granting 39 Motion to Amend Scheduling Order. (Howarth, George) (Entered: 04/19/2005)

April 13, 2005

April 13, 2005

41

MEMORANDUM in Support re 40 MOTION for Preliminary Injunction filed by JOANNE DANIELS−FINEGOLD. (Manning, Daniel) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

42

MOTION for Leave to File Memorandum In Excess of Twenty Pages by JOANNE DANIELS−FINEGOLD.(Manning, Daniel) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

43

JOINT MOTION to Stay. Counsel will file updated report to the Court in early October, 2005. by Boston Center For Independent Living, Inc., ROBERT PARK, DANFORD LARKIN, ANDREW FORMAN, MAUREEN CANCEMI, MYRNAIRIS CEPEDA, MADELYN JOAN GOLDEN, JOANNE DANIELS−FINEGOLD, Rogera Robinson, Gene Smith, Reginald Clark, Massachusetts Bay Transportation Authority.(Howarth, George) (Entered: 08/01/2005)

July 27, 2005

July 27, 2005

Judge Morris E. Lasker : ORDER entered granting 43 Motion to Stay (Howarth, George) (Entered: 08/02/2005)

Aug. 1, 2005

Aug. 1, 2005

44

JOINT STATUS REPORT by Boston Center For Independent Living, Inc., ROBERT PARK, DANFORD LARKIN, ANDREW FORMAN, MAUREEN CANCEMI, MYRNAIRIS CEPEDA, MADELYN JOAN GOLDEN, JOANNE DANIELS−FINEGOLD, Rogera Robinson, Gene Smith, Reginald Clark, Massachusetts Bay Transportation Authority. (Howarth, George) (Entered: 10/21/2005)

Oct. 12, 2005

Oct. 12, 2005

45

First NOTICE of Withdrawal of Appearance by Taramattie Doucette on behalf of Attorney Caryn Mitchell. (Doucette, Taramattie) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

46

First MOTION to Intervene Thomas Gilbert as a Named Plaintiff by JOANNE DANIELS−FINEGOLD.(Doucette, Taramattie) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

NOTICE of Hearing: Status Conference set for 3/28/2006 02:30 PM in Courtroom 8 before Senior Judge Morris E. Lasker. (Howarth, George) (Entered: 03/15/2006)

March 15, 2006

March 15, 2006

Judge Morris E. Lasker : Electronic ORDER entered granting on consent 46 Motion to Intervene (Howarth, George) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

ElectronicClerk's Notes for proceedings held before Judge Morris E. Lasker : Status Conference held on 3/28/2006.The status of the case was reviewed. (Court Reporter none.) (Howarth, George) (Entered: 03/30/2006)

March 28, 2006

March 28, 2006

47

Joint MOTION for Settlement Approval by JOANNE DANIELS−FINEGOLD. (Attachments: # 1 Settlement Agreement# 2 Settlement Notice# 3 Summary of Settlement Notice# 4 Text of Proposed Order Proposed Order)(Manning, Daniel) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

48

Judge Morris E. Lasker : ORDER entered granting 47 Motion for Order Granting Preliminary Approval of Settlement Agreement and Notice of Fairness Hearing for June 15, 2006 at 9:30 a.m.For Full Text see Docket No. 48 . (Howarth, George) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

NOTICE of Hearing: FAIRNESS Hearing set for 6/15/2006 09:30 AM in Courtroom 8 before Senior Judge Morris E. Lasker. (Howarth, George) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

49

MOTION for Attorney Fees by all plaintiffs. (Attachments: # 1 Affidavit Manning Affidavit)(Manning, Daniel) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

E−Mail Notice returned as undeliverable. Name of Addressee: Salvador Llach. The ECF Help Desk has contacted the law firm, who advised that attorney Llach is no longer employed at that office. The attorney's email address has been removed from the ECF database to prevent the return of additional undeliverable email notices. (Hurley, Virginia) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

ElectronicClerk's Notes for proceedings held before Judge Morris E. Lasker : Settlement Conference held on 6/15/2006. Fairness Hearing Held. Court hears from counsel on both sides and the Court hears from the following Individuals and as Class Representatives: Joanne Daniels−Finegold,Rogera Robinson,Reginald Clark, and Robert Park. The Court signs the The Order of Final Judgment in open Court. Order to issue (Court Reporter Marcia G. Patrisso.) (Howarth, George) (Entered: 06/16/2006)

June 15, 2006

June 15, 2006

50

Judge Morris E. Lasker : ORDER entered. FINAL JUDGMENT (Attachments: # 1 Exhibit 1−Settlement Agreement)(Howarth, George) (Entered: 06/16/2006)

June 15, 2006

June 15, 2006

51

EXCERPT TRANSCRIPT of Fairness Hearing held on June 15, 2006 before Judge Lasker. Court Reporter: Marcia G. Patrisso 617/737−8728. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Scalfani, Deborah) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

Judge Morris E. Lasker : Electronic ORDER entered.Granting on Consent re 49 MOTION for Attorney Fees filed by Eileen Brewster,, Boston Center For Independent Living, Inc.,, Janis Harris,, Matlyn D. Starks,, Rogera Robinson,, John Alleyne,, Gene Smith,, Reginald Clark,, Louise Beach,, JOANNE DANIELS−FINEGOLD,, MADELYN JOAN GOLDEN,, MYRNAIRIS CEPEDA,, MAUREEN CANCEMI,, ANDREW FORMAN,, DANFORD LARKIN,, ROBERT PARK,, Thomas Gilbert, (Howarth, George) (Entered: 06/29/2006)

June 28, 2006

June 28, 2006

52

COMPLETE TRANSCRIPT of Fairness Hearing held on June 15, 2006 before Judge Lasker. Court Reporter: Marcia G. Patrisso 617/737−8728. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Scalfani, Deborah) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

53

Joint MOTION for Order to Appoint Independent Monitor by JOANNE DANIELS−FINEGOLD.(Manning, Daniel) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

ELECTRONIC NOTICE of Hearing : For Approval of Independent Monitor.Hearing set for 2/1/2007 11:00 AM in Courtroom 8 before Senior Judge Morris E. Lasker. (Howarth, George) (Entered: 01/30/2007)

Jan. 30, 2007

Jan. 30, 2007

Judge Morris E. Lasker : Electronic ORDER entered granting 53 Motion for Order appointment of independent monitor (Howarth, George) (Entered: 02/02/2007)

Jan. 31, 2007

Jan. 31, 2007

54

Judge Morris E. Lasker : ORDER entered.granting re 53 Joint MOTION for Order to Appoint Independent Monitor filed by JOANNE DANIELS−FINEGOLD,(Patrick J. King Appointed as Independent Monitor(Howarth, George) (Entered: 02/02/2007)

Jan. 31, 2007

Jan. 31, 2007

ElectronicClerk's Notes for proceedings held before Judge Morris E. Lasker : Status Conference held on 2/1/2007. Tkhe joint motion for appointment of a Independant monitor is approved. (Court Reporter none.) (Howarth, George) (Entered: 02/02/2007)

Feb. 1, 2007

Feb. 1, 2007

55

COPY OF GREEN LINE EXTENSION PROCESS REPORT. (Attachments: # 1 Exhibit A Copy of letter to Mr. Woelfel# 2 Exhibit B copy of letter to Mr.Talbot)(Howarth, George) (Entered: 07/17/2007)

July 12, 2007

July 12, 2007

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 25, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Masachusetts Bay Transportation Authority (Boston), State

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - 2011

Content of Injunction:

Preliminary relief request withdrawn/mooted