Case 1:02-cv-00203-SPB Document 42 Filed 09/27/11 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BARRIER BUSTERS; SHONA EAKIN; ) Civil Action No.: 02-203E

MICHAEL EAKIN; MARY ANN PARSNIK; )

and CAROLYN CREHAN, on behalf of ) Judge McLaughlin

themselves and all others similarly

situated,

) Magistrate Judge Baxter

)

Plaintiffs,

)

v.

)

)

CITY OF ERIE, PENNSYLVANIA,

)

)

Defendant

)

)

******************************************************************************************
STIPULATED ORDER REGARDING INTERPRETATION AMONG PLAINTIFFS AND DEFENDANT CITY OF ERIE

The subject matter of this Stipulated Order originated when an affiliated Plaintiff, Barrier Busters, filed an action against the City of Erie, Pennsylvania in this Honorable Court on June 27, 2002 at number 02-203 Erie, the "Erie Case." The Court entered the Fourth Consent Decree on January 31, 2005.

During year 2010 Plaintiffs•observed that there have been incidences of street resurfacings by the City of Erie where ADA-compliant curb ramps were triggered by the street resurfacing but not concurrently constructed on Erie streets. During negotiations, Erie acknowledged virtually all of such undone ramps . as having been triggered, and deferred such construction to the next available season when contractors trained in precise specifications and methods of compliant curb

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ramps are hired annually to install such ramps. Plaintiffs assert that the current Consent Decrees require the immediate construction of the ramps.
The parties desire to resolve these issues in an expeditious and economical manner that addresses the interests of the Plaintiffs and the concerns of all other parties by stipulating to several interpretative provisions with respect to the portions of the Consent Decrees, in order to minimize the likelihood of further disagreements or miscommunications. The parties believe they are clarifying obligations set forth in the earlier Consent Decrees. Therefore, all Plaintiffs and the Defendant, City of Erie, having through Counsel, met, negotiated and consented, and this Court, having reviewed the terms of this
Stipulated Order, and having found it just, IT IS HEREBY ORDERED:
All terms and conditions set forth in the prior Consent Decrees and Settlement Agreements remain in full force and effect, unchanged by this Stipulated Order.
/ Future Resurfacing and Alteration of Erie Streets
Plaintiffs recently learned that, during years 2007, 2008, 2009 and 2010, the City of Erie has used full-time City employees to mill and pave numerous street segments and intersections throughout Erie. The parties have met and have agreed that this practice has triggered a number of curb ramps which were not constructed or re-constructed at the time of this resurfacing. When made aware of such year 2010 triggered or arguably triggered ramps, the City Engineer

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added 98 curb ramps to the next annual year 2011 cycle of ramp construction contracting, which begins in the spring and ends in autumn 2011, and is subject to Pennsylvania law regarding contract bidding and response timetables, and also included them in the City's draft corrected year 2010 annual report he prepared and submitted to Plaintiffs' Counsel as triggered ramps not yet installed. Plaintiffs allege that there are additional curb ramps triggered during year 2010 that the City has not added to the corrected year 2010 annual report. The parties agree to the following language to assist in the interpretation of the obligations and rights of the parties in this action
For the year 2011 and throughout the life of the existing Consent Decrees and Agreements, at the earliest point in each calendar year such information is available, the Erie City Engineer shall obtain from its Bureau of Streets a list of all street segments which are anticipated to be repaired beyond mere pothole patching. The Engineer will report in written email to Plaintiffs two attorneys and to the Plaintiffs sufficiently in advance of the construction of planned work such that Plaintiffs counsel are aware of the work to be done. The parties and, if necessary because the parties cannot agree, Counsell for the parties will work together in good faith to evaluate and to attempt to mutually agree if any ramps are triggered by such work. If the parties, through Counsel, cannot agree, any party may file an appropriate motion or otherwise request judicial intervention in, or the resolution of, all unresolved disputes. Changes

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from the planned list required by changes of conditions, changes in schedule, available funding or emergencies will be reported via email to Plaintiffs' Counsel in advance if at all possible. In the rare event that this prior written notice is impossible, Erie will notify Plaintiffs' counsel via email as soon as possible, but no later than one week following the beginning of the work. The written notice will state all reasons the City claims that prior notice was impossible. The parties through Counsel shall confer in good faith to permit Counsel to determine and agree if a "curb ramp" triggering event occurred.
If paving work is peiformed by the Bureau of Streets that triggers ramp construction on or before July 31 of each year, the ramps will be constructed in the same construction season. If paving work is performed by the Bureau of Streets after July 31 st, all reasonable efforts will be made to complete the ramp construction in the same calendar year. Depending upon the timing of the paving construction, the timing of the bidding apd approval processes and the arrival of the inclement weather, there is a possibility that some triggered ramp construction may need to be delayed until the following year. As an experimental method for calendar year 2011, Erie shall, on or before August 15, 2011, identify all streets and street segments which have been altered by resurfacing from January 1 through July 31, 2011 and provide email notice to Plaintiffs and counsel. On October 1, 2011, Erie shall identify by email notice to Plaintiffs and Counsel all such streets and street segments so altered after July 31, 2011, also including the number and location the ramps the City believes may need to be

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delayed until early the following year. Provided, however, that defendant Erie shall complete a minimum of 70% of the ramps triggered by street alterations performed after July 31 within that same calendar year. Counsel for the parties shall meet after the end of the year 2011 construction to review and to discuss how the parties believe the year 2011 "experiment" worked. The parties mutually may choose to retain or to alter this practice in subsequent years.
2. Corrected Annual Reports. Erie immediately shall amend each of the Annual Reports for the calendar years 2007 through 2010 to include the exact locations and the limits of each and every one of these street sections and/or intersections altered by the City Bureau of Streets by its "mill and pave" program, and shall include a sworn certification that the City Engineer has personally reviewed ail relevant records and that the report is complete and fully accurate. Within two weeks, the corrected reports shall be provided in a searchable format to Plaintiffs' Counsel via CD/DVD and via email, as well as filed with the Court as set forth in the next paragraph. By accepting service of these corrected annual reports, Plaintiffs in no way waive any rights to challenge the accuracy of any information supplied by the City in its Corrected Annual Reports.
Erie has not filed its existing, nor its corrected, Year 2007, 2008, 2009 and 2010 Annual Reports with the Court, because the document size limitations of the Court's online filing system, prevented uploading, although such reports have been timely prepared each year. The existing requirement
5

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for Defendant City of Erie to file annual reports of the preceding calendar year from 2007 onward with the court shall be accomplished by immediately providing a CD-ROM or DVD copy of the fully corrected annual report in fully searchable PDF format, rather than uploading the reports to the online filing system of the court. Erie will accompany such action with a Notice of Filing Annual Report on the docket, as well as in each following year, and timely deliver the CD-ROM or DVD to the Court, as well as in each following year of the life of the Decree or Settlement Agreement , as well as to both of Plaintiffs' Counsel, both by mailing or hand-delivery of a CD or DVD and by email of the report to both of Plaintiffs Counsel.
3. Installing Accessible Curb Ramps Omitted by Erie After Erie provides to the Court and to Plaintiffs' Counsel the corrected, certified Year 2007, 2008, 2009 and 2010 Annual Reports, Erie shall take all reasonable steps to cooperate with Plaintiffs and, if necessary, their Counsel, including, but not limited to, joint inspections, to identify curb ramps that Erie should have installed when it altered any and all "street sections and/or intersections" during those years, and to determine where the City shall install curb ramps, and on what timetable. If on any point, the parties are unable to mutually agree fully, any party may file an appropriate motion or otherwise request judicial intervention in, or the resolution of, all unresolved disputes.
6

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4. Involvement of legal counsel. Notwithstanding anything stated herein to the contrary, all parties may freely and without limitation consult with or otherwise involve legal counsel with regard to any issue arising from this Stipulation or arising from any Consent Decree and nothing stated herein shall preclude Plaintiffs' counsel from seeking or receiving payment from Erie for all such legal work through either agreement or court order. Erie retains the right to refuse or otherwise object to any such fee request
5. Attorneys Fees The parties, through Counsel, have met and
have agreed upon a payment to liquidate all potential claims by Plaintiffs for fees and costsr from the City of Erie for the time period of March 11, 2011 through August 26, 2011. The City shall pay $23,770.32 to Heberle & Finnegan, PLLC, and $3,229.68 to the Eiderkin Firm within twenty days. By agreeing upon this payment, the City of Erie and Plaintiffs expressly do not waive any claims or defenses relating to any future fees and costs that may be claimed for any future work.
6. Retention of Jurisdiction. The parties expressly agree, and the
Court Orders, that the Court shall retain jurisdiction to enforce the terms and conditions of all existing Consent Decrees and Settlement Agreements among Plaintiffs and the City of Erie, guided by the interpretive language set forth in this Stipulated Order.

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Read and Approved as to Form on this

day of September, 2011, by:

Gerald J. Ville(la, Esq. PA ID 32814 OFFICE OF ERIE CI -TY SOLICITOR 626 State Street, room 505 Erie, PA 16501 (814) 870-1235 (814) 455-9438

Attorneys for Defendant City of Erie

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Read and Approved as to Form cm this

pD day of September, 2011, by;

A
J. Mark Finnegan (40261) DeniSe M. Fleberte (42453) HEBERLE & FINNEGAN, PLLC, 2580 Craig Road Ann Arbor, MI 48103 (734) 302-3233 (734) 302-3234 fax Attorneys for All Plaintiffs
Read and Approved as to Form on this

day of September, 2011, by:

Craig A sham (38531)
ELDER " MARTIN, KELLY & MESSINA Jones School Square 1.50 East Eighth Street Erie, PA 16501
(814) 456-4000
Attorneys for All Plaintiffs

9

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IT IS SO ORDERED, THIS

DAY OF OCTOBER, 2011.

JUDGE MCLAUGHLIN UNITED STATES DISTRICT COURT

10

 
 Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 1 of 317
CITY OF ERIE, PENNSYLVANIA ADA CURB RAMP PROGRAM
2011 PROGRESS REPORT
Department of Public Works Bureau of Engineering January 31, 2012

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ADA CURB RAMP PROGRAM 2011 PROGRESS REPORT

TABLE OF CONTENTS

Background and Introduction

1

Curb Ramp Construction Summary for 2011

3

Inspection Certification

4

Ramp Location Index

Curb Ramp Compliance Form

APPENDICES

A. Paving Lists B. Curb Ramps- I C. Curb Ramps- II D. Curb Ramps- III E. 2011 Milling & Resurfacing- I F. 2011 Milling & Resurfacing- II G. Other
Union Square Perry Square Enhancement Perry Square Bump-outs GEIDC National Lime & Stone Hamot Hospital

H. PennDOT

SR0020 ADA SR 0197 01M Group 201 SR0008 SR0020 CCI

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CITY OF ERIE, PENNSYLVANIA ADA CURB RAMP PROGRAM 2011 PROGRESS REPORT
SUMMARY
This report summarizes the work performed on the City of Erie ADA Curb Ramp Program for the year 2011 per the U. S. District Court, Western District of Pennsylvania, Civil Action Number 02-203E, Fourth and Final Consent Decree and per the Civil Action Number 0678 Erie, Settlement Agreement, City of Erie and PennDOT.
The Settlement Agreement between the City of Erie and PennDOT was ordered by Judge McLaughlin on April 19, 2007. The City of Erie submitted Schedules C and D in August 2007. Schedule C identifies curb ramps crossing city streets that intersect with state highways where the city streets were altered or resurfaced by the City of Erie since January 26, 1992. Schedule D identifies locations where curb ramps should have been installed crossing city streets that intersect with state highways where the city streets were altered or resurfaced by the City of Erie since January 26, 1992, but where such ramps were not installed. Schedules C and D list 480 locations where ramps exist that are non-compliant or defective under the ADA or where ramps should exist but do not. These ramps must be reconstructed or constructed to be compliant by the end of the year 2016.
The Settlement Agreement also modified the deadline for Erie’s retrofitting obligations under the Erie Case consent decrees. The obligations must be complete by the end of the year 2016. The retrofit inventory (ramp locations) of the Erie Case consent decrees as identified in the HRGA document “ADA Curb Ramp Inventory and Program Report”, October 2004, referred to as I&PR throughout this report, is 3,405 curb ramps. The total number of inventory ramps completed in the years 2004 through 2011 is 2,483. The balance to be completed in the 5 construction seasons from 2012-2016 is 922, or 184 per year. The number of Schedule C/D ramps to be completed in the program is 480. The total number of Schedule C/D ramps completed in the years 2007 through 2011 is 262. The balance to be completed in the 5 construction seasons from 2012-2016 is 218, or 44 per year. The plan also provides for construction of compliant ramps along all resurfaced streets each year.
The City of Erie Bureau of Engineering did not conduct an ADA Curb Ramp Design and Construction Course (compliance training seminar) this year. All bidders have attended at least one of five prior seminars.
All ramps constructed in 2011 included the cast-in form of truncated domes. Currently, the City of Erie has approved two manufacturers of truncated domes for use in the City of Erie.
For 2011, the City of Erie has met its program requirements. Refer to the 2011 Curb Ramps Summary.
The final consent decree requires that the City of Erie prepare and file a written report with the Court and with plaintiffs’ Counsel on or before January 31 during each year that the Consent Decree is in effect and the year after the Consent Decree expires.
The report must provide specific detailed information about two groups or types of ramps: curb ramps built retrofitting existing non-compliant ramps associated with past street or sidewalk resurfacing projects (listed in the HRGA non-compliant inventory) and curb ramps built
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as a part of current street or sidewalk resurfacing where no ramp existed. Sworn certification is required to be included in the report certifying that the City of Erie has inspected each ramp and that each ramp is compliant as required by the Consent Decree.
In 2011, the City of Erie awarded three Retrofit Curb Ramp contracts to contractors totaling 111 curb ramps on the Inventory and Program Report (I&PR). The contracts also included a total of 212 ramps not appearing on the I&PR.
An additional 74 retrofit ramps on the I&PR were constructed as a part of the first two 2011 Milling and Resurfacing contracts. The 2011 Milling and Resurfacing-III contract did not require any ramp construction. All ramps affected by this paving were constructed in prior years and are compliant.
In 2011, the City of Erie constructed 140 ramps associated with new resurfacing as a part of the first two 2011 Milling and Resurfacing contracts. Ramps triggered by work performed by the Bureau of Streets paving crew were completed as a part of the ramp contracts and milling and resurfacing contracts awarded. The lists for streets resurfaced under Milling and Resurfacing contracts and by the Bureau of Streets paving crew are attached as Appendix A.
PennDOT completed contract SR20-ADA in the City of Erie. The contractor constructed 53 ramps on City streets intersecting State highways. The number of ramps on the I&PR was 16. The number of ramps on Schedule C/D was 21. PennDOT also completed contract SR0197-01M in the City of Erie. The contractor constructed 25 ramps on City streets intersecting State highways. The number of ramps on the I&PR was 4. The number of ramps on Schedule C/D was 9. PennDOT also completed contract Group 201 SR8 in the City of Erie. The contractor constructed 34 ramps on City streets intersecting State highways. The number of ramps on Schedule C/D was 6.
In summary, the City of Erie and others constructed 217 retrofit ramps listed on the I&PR in the City of Erie in 2011. The number of retrofit ramps required to meet the program requirements was 190. The total number of additional curb ramps constructed not listed on the I&PR or associated with new resurfacing is 469. The total number of curb ramps constructed listed on Schedule C/D is 38. The number of Schedule C/D ramps planned to meet the program requirements is 43.
The City of Erie and others constructed a total of 720 curb ramps in the City of Erie in 2011.
This report is intended to fulfill reporting requirements for the year ending 2011.
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CITY OF ERIE DEPARTMENT OF PUBLIC WORKS
BUREAU OF ENGINEERING 2011 CURB RAMPS SUMMARY

RETROFIT & NEW RAMP CONSTRUCTION

Contract

Bid Number

Ramp Ramp Ramp Count Count Count On I&PR Not I&PR Sch C/D

Total Ramp Constr.

Curb Ramps - I Curb Ramps - II Curb Ramps - III 2011 Milling & Resurfacing - I 2011 Milling & Resurfacing - II

1656-11 1660-11 1662-11 1661-11 1663-11

11

39

50

28

136

1

164

72

37

1

109

47

95

142

27

45

72

Miscellaneous Union Square Perry Square Enhancement Perry Square Bumpouts GEIDC National Lime & Stone Hamot

11

35

46

0

8

8

0

3

3

0

6

6

0

2

2

1

5

6

PENNDOT SR20-ADA PennDOT SR197-01M Group 201 SR8

16

37

21

53

4

21

9

25

6

34

2011 TOTAL RETROFIT CONSTRUCTED (I&PR)

217

2011 Retrofits Planned

190

(1139 balance / 6 years remaining)

2011 Sch C/D Constructed

38

2011 Sch C/D Required

43

(256 balance / 6 years remaining)

2011 Ramps Constructed not listed (I&PR)

469

Total Ramps Constructed in the City of Erie

720

(City of Erie Contracts and PennDOT "Locals")

Page 3

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INSPECTION CERTIFICATION
This is to certify that ADA/ADAAG compliant curb ramps were constructed in the City of Erie in 2011 as defined in the 2011 Progress Report.
The curb ramps listed in these Appendices were inspected by the City of Erie, Bureau of Engineering personnel using the ADAAG Guidelines. The retrofit ramp locations on City streets are as listed in the H.R. Gray and Associates, Inc. ADA Curb Ramp Inventory and Program Report submitted on October 21, 2004. The retrofit ramp locations on City streets intersecting State highways are as listed in Schedule C and D. The curb ramps constructed by the City of Erie were measured and inspected and found to be compliant at the time of inspection. Truncated domes were installed as required.
The City of Erie certifies that all required ADAAG curb ramps were installed in City of Erie right-of-way on 2011 City of Erie resurfacing projects, that the City of Erie retrofit curb ramps inventory were installed as required, and that this report is accurate to the best of my knowledge.

______

_____________________ Jon Tushak, P.E. City Engineer

- 4 -

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APPENDICES

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APPENDIX A Paving Lists
Contract &
Bureau of Streets

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CITY OF ERIE DEPARTMENT OF PUBLIC WORKS, BUREAU OF ENGINEERING 2011 Proposed Milling and Asphalt Resurfacing- I Bid Number 1661-11

Street

From

Mill and Resurface (Leveling Course, 60 #/SY) (Wearing Course, 165 #/SY)

W 6

Chestnut

W 8

Liberty

To
Myrtle Cranberry

Holland French East Lake Road E 21 Parade E 7 E 18 E 5 E 10

E 10 E 21 Franklin Ash E 22 Euclid Downing German Ash

E12 E 26 Chautauqua Wayne E 26 Tacoma Thompson
Parade
Wayne

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CITY OF ERIE DEPARTMENT OF PUBLIC WORKS, BUREAU OF ENGINEERING 2011 Proposed Milling and Asphalt Resurfacing- II Bid Number 1663-11

Street

From

Mill and Resurface (Leveling Course, 60 #/SY) (Wearing Course, 165 #/SY)

Liberty Liberty

Peach W 26

To
W 38 Brown

French E 28 Zimmerman Briggs

E 34 Elm Carney E 38

E 36 Reed McClelland E 41

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CITY OF ERIE DEPARTMENT OF PUBLIC WORKS, BUREAU OF ENGINEERING 2011 Proposed Milling and Asphalt Resurfacing- III Bid Number 1666-11

Street

From

Mill and Resurface (Leveling Course, 60 #/SY) (Wearing Course, 165 #/SY)

W 18 Myrtle State Morehead Cherry

Chestnut W 25 Bayfront State W 39

To
Sassafras W 26 W 3 Kellogg Glenwood

Ash East Ave McClelland McClelland Tacoma Buffalo Rice

E 13 E 24 E 26 E 33 E 7 E of PA E 38

E 15 E 28 Glendale E 30 E 10 Gaskell E 43

Full Depth Reclamation (FDR) Bituminous Stabilization, 5" Depth (Wearing Course, 165 #/SY)

Longview

Zimmerman

City Line

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DATE 5/12/11 5/18/11 5/20/11 5/25/11 6/3/11 6/8/11 6/9/11 6/10/11 6/13/11 6/14/11 6/16/11 6/17/11 6/21/11 6/27/11 6/28/11 6/28/11 7/1/11 7/6/11 7/7/11 7/18/11 7/19/11 7/20/11 7/21/11 7/22/11 8/1/11 8/2/11 8/3/11 8/4/11 8/4/11 8/5/11 8/10/11 8/11/11 8/16/11 8/18/11 8/19/11 8/24/11 8/24/11 8/25/11 8/25/11 8/26/11 8/31/11 9/2/11 9/6/11 9/7/11 9/8/11 9/9/11 9/14/11 9/14/11

City of Erie Bureau of Streets 2011 Paving Locations
LOCATION West 36th blowout Rudolph 21st to RR tracks project Bird Dr 30th & Holland patch 1500Blk E 6th patch Warsaw 40th to 41st project W Grandview Peach to Miller project Davison 38th to 40th project Davison 40th to 42nd project Davison 42nd to 43rd project Davison E 38th to 43rd project Elmwood Ave 41st & 43rd blowout Garden Ave 38th South blow out Washington W 40th W.Grandview patch Washington W 40th W.Grandview leveling McCain Ave (Post Office) Streets overlay Washington W 40th W.Grandview wearing Lincoln Ave 8th to Bayfront overlay Lincoln 6th to 8th overlay East 3rd German to Leavy Park overlay Liberty 32nd to 34th leveling Liberty 32nd to 34th top W 29th Plum to Cascade project W 29th Plum to Cascade top project W 23rd Liberty to Cherry leveling project E 24th State to Holland leveling project Burton 34th to 38th leveling project E 24th French to Holland leveling project Atkins, Elm Ct. to Payne leveling E 30th St. 150 E of French 4100 Blk State St W 23rd Liberty to Cherry project Greengarden 32th to 34th leveling project 18th Rasp to Cran & Buff to East ave patch/blow out W. 32nd Gerry to Schaper leveling project Liberty So. of Peach patching E 24th State to Holland wearing project State St 38th South patch paving E 24th French to Holland wearing project 1000 Blk W 27th State St 42nd to 41st N Bound patching Sassafrass 8th to 13th patching Cherry St 19th to 26th Project Bird Dr Glendale to Woodlawn SB Project W 32nd Gerry to Shaper Project Atkins St Payne to Elm Ct. Project Burton 34th to 38th wearing project Fairmount Pkwy June to McClelland West bound Fairmount Pkwy McCain to McClelland East bound

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DATE 9/16/11 9/20/11 9/22/11 9/22/11 9/22/11 9/23/11 9/28/11 9/30/11 10/5/11 10/6/11 10/7/11 10/7/11 10/10/11 10/10/11 10/11/11 10/13/11 10/17/11 10/18/11 10/20/11

City of Erie Bureau of Streets 2011 Paving Locations
LOCATION Fairmount Prky Cameron to Downing West bound
E Lake Road Franklin to Andrews Pk E. Lake Rd E. bound Gilson to Downing E. Lake Rd W. bound Gilson to Downing E. Lake Rd Downing to Franklin overlay
E. Lake Rd Downing to Franklin W. Gore Rd Cherry to Hilltop project
Parks Dept Anna Ct leveling Lakeview & Sass Lakeview Sass to Trask Tuttle 38th South
Anna Ct. Tuttle 38th South Zimmerman, Davison to Stanton Zimmerman overlay Zimmerman & Page W 32nd Shaper to Oakwood W 4th Cherry to Walnut

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APPENDIX B CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING 2011 CURB RAMPS - I BID NUMBER 1656-11

PROPOSED LOCATIONS

STREET
Cascade Street Ellsworth Avenue Washington Place Ellsworth Avenue Greengarden Blvd Greengarden Blvd Raspberry Street Raspberry Street Ellsworth Avenue Ellsworth Avenue Greengarden Blvd Greengarden Blvd Cascade Street Ellsworth Avenue Ellsworth Avenue

CROSS STREET
West 33rd Street West 34th Street West 22nd Street West 36th Street West 29th Street West 34th Street West 33rd Street West 33rd Street West 35th Street West 35th Street West 40th Street West 40th Street West 33rd Street West 36th Street West 35th Street

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

4

DD

DD

8

DDDDDDDD

8

DDDDDDDD

4

DDDD

4

DCCD

4

DDDD

2

DD

2

DD

2

DD

1

C

1

D

1

D

4

DDDD

4

DDDD

1

D

TOTAL RAMPS

In I&PR Not In I&PR On Sch C/D

50 11 39 0

Shaded ramp locations are not in the Inventory and Program Report

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APPENDIX C CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING 2011 CURB RAMPS II BID NUMBER 1660-11

PROPOSED LOCATIONS

STREET
Ash Street Ash Street Ash Street Bird Drive Burton Avenue Burton Avenue Burton Avenue Burton Avenue Burton Avenue Cherry Street Cherry Street Cherry Street Cherry Street Cherry Street Cherry Street Cherry Street Cherry Street Cochran Street Commerce Street Davison Avenue Davison Avenue Davison Avenue Eagle Point Elm Court Euclid Avenue Genesee Avenue Gerry Avenue Gloth Avenue Greengarden Blvd Greengarden Blvd Holland Street Hoyt Street Liberty Street Marion Street Myrtle Street Page Street Payne Avenue Plum Street Poplar Street Sassafras Street Schaper Avenue Thompson Street Tuttle Avenue Walnut Street Warsaw Avenue

CROSS STREET
East 37th Street East 38th Street Pine Avenue Glendale Avenue East 31st Street East 35th Street East 36th Street East 37th Street East 38th Street Brown Avenue West 19th Street West 21st Street West 22nd Street West 23rd Street West 24th Street West 25th Street West 26th Street West 40th Street East 12th Street East 40th Street East 41st Street Woodland East 2nd Street Atkins Street East 2nd Street East 42nd Street West 32nd Street East 30th Street West 29th Street West 32nd Street East 24th Street East 41st Street West 25th Street East 41st Street West 40th Street East 41st Street Atkins Street West 25th Street West 23rd Street West 23rd Street West 32nd Street Buffalo Road East 31st Street West 16th Street East 41st Street

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

4

DDDD

2

CC

1

D

4

DD

DD

4

DDDD

4

DDDC

4

DD

D

C

8

DCDDDCDD

2

AA

2

CA

4

DDDD

4

CCC

C

4

CCC

C

4

CCC

C

4

DDC

C

4

DDC

C

1

D+

2

DD

2

AA

3

CDD

2

DC

2

CC

4

DD

DD

6

ADDDC

C

4

DDDD

3

DD

C

8

ADDDDDDD

3

DD

C

2

CD

2

CA

4

DD

DD

4

DDDD

4

CC

DA

1

C

2

DD

4

DD

DD

4

DD

DD

6

DDDD

DD

8

CCDDCCCC

4

DADD

4

DDDD

4

DDAA

2

DD

8

AADAAAAA

2

DD

TOTAL RAMPS

164

In I&PR

28

Not In I&PR

136

On Sch C/D (+)

1

Shaded ramp locations are not in the Inventory and Program Report

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 38 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 39 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 40 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 41 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 42 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 43 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 44 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 45 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 46 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 47 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 48 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 49 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 50 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 51 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 52 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 53 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 54 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 55 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 56 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 57 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 58 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 59 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 60 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 61 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 62 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 63 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 64 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 65 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 66 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 67 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 68 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 69 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 70 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 71 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 72 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 73 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 74 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 75 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 76 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 77 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 78 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 79 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 80 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 81 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 82 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 83 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 84 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 85 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 86 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 87 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 88 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 89 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 90 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 91 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 92 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 93 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 94 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 95 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 96 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 97 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 98 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 99 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 100 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 101 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 102 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 103 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 104 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 105 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 106 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 107 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 108 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 109 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 110 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 111 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 112 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 113 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 114 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 115 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 116 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 117 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 118 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 119 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 120 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 121 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 122 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 123 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 124 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 125 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 126 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 127 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 128 of 317
APPENDIX D CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING 2011 CURB RAMPS III BID NUMBER 1662-11

PROPOSED LOCATIONS

STREET
Cherry Street Cherry Street Chestnut Street Chestnut Street German Street German Street German Street German Street German Street Holland Street Holland Street Holland Street Holland Street Holland Street Myrtle Street Myrtle Street Myrtle Street Myrtle Street Myrtle Street Myrtle Street Parade Street Parade Street State Street Lincoln Liberty Florida (Not Done Yet) TOTAL RAMPS

CROSS STREET
West 2nd Street West 5th Street Front/Short Street West 5th Street East 4th Street East 5th Street East 7th Street East 8th Street East 9th Street East 2nd Street East 3rd Street East 4th Street East 5th Street East 7th Street Short Street West 3rd Street West 5th Street West 7th Street West 17th Street West Front Street East 27th Street East 28th Street West 26th Street Woodland West 33rd Street East 29th Street

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

2

DC

2

CC

8

DADDDDDD

4

DDDD

8

ADAAADDD

4

DD

DD

2

CC

8

DDDDDDDD

6

AAADAD

2

DD

6

DDDD

DD

4

DDDD

4

DADD

2

AA

4

CDCC

8

CCCCDDDD

8

DDDDDDDD

4

DDDD

8

DDDDDDDD

3

A

DD

2

AD

1

A

1

A+

4

DDC

A

4

DDC

D

4

CDD

D

109

In I&PR

72

Not In I&PR

37

On Sch C/D (+)

1

Shaded ramp locations are not in the Inventory and Program Report

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 129 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 130 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 131 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 132 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 133 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 134 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 135 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 136 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 137 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 138 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 139 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 140 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 141 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 142 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 143 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 144 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 145 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 146 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 147 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 148 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 149 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 150 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 151 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 152 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 153 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 154 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 155 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 156 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 157 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 158 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 159 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 160 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 161 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 162 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 163 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 164 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 165 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 166 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 167 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 168 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 169 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 170 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 171 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 172 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 173 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 174 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 175 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 176 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 177 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 178 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 179 of 317

APPENDIX E CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING 2011 Milling and Resurfacing I BID NUMBER 1661-11

PROPOSED LOCATIONS

STREET
Chautauqua Blvd Cherry Street Chestnut Street Downing Avenue East Avenue Euclid Avenue Franklin Avenue French Street French Street French Street French Street German Street Hickory Street Holland Street Kellogg Street Myrtle Street Parade Street Parade Street Parade Street Parade Street Parade Street Plum Street Raspberry Street Reed Street Reed Street Thompson Street State Street Rice Rice Rice Rice

CROSS STREET
East Lake Road West 41st Street West 6th Street East 18th Street East 25th Street East 7th Street East Lake Road East 22nd Street East 23rd Street East 24th Street East 25th Street East 5th Street West 18th Street West 11th Street Morehead Street West 6th Street East 22nd Street East 23rd Street East 24th Street East 25th Street East 5th Street West 8th Street West 8th Street East 10th Street East 21st Street East 18th Street Dobbins Lane E 38 E 40 E 41 E 42

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

4

CCA

C

2

CC

8

CCCCCCCC

4

ADDD

6

DDD

ADD

3

DDC

0

X

X

4

ACCC

8

DADDDDDD

8

AADDCCDD

4

CCCC

4

DDDD

3

D

AA

2

AD

2

CC

8

DDDDCCCC

2

CC

2

CC

8

CCCCCCCC

8

AACCDCCC

4

DD

DD

2

DA

4

DDDD

8

CACCCCCC

8

CCCCCCCC

4

AAAA

2

1

8

2

5*

7

8

12345678

4

4567

8

12345678

TOTAL RAMPS

144

In I&PR

47

Not In I&PR

97

On Sch C/D

0

* - not required

Shaded ramp locations are not in the Inventory and Program Report

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 180 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 181 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 182 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 183 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 184 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 185 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 186 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 187 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 188 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 189 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 190 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 191 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 192 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 193 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 194 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 195 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 196 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 197 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 198 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 199 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 200 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 201 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 202 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 203 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 204 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 205 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 206 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 207 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 208 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 209 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 210 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 211 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 212 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 213 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 214 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 215 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 216 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 217 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 218 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 219 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 220 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 221 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 222 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 223 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 224 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 225 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 226 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 227 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 228 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 229 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 230 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 231 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 232 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 233 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 234 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 235 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 236 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 237 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 238 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 239 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 240 of 317

APPENDIX F CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING 2011 Milling and Resurfacing II Concrete Curb Ramp List BID NUMBER 1663-11 INTERSECTION LIST

PROPOSED LOCATIONS

STREET
Liberty Liberty Liberty Libery Liberty French French E 28 E 28 E 28 E 28 E 28 E 28 Zimmerman Zimmerman Zimmerman Briggs

CROSS STREET
Peach (not done yet) W 25 W 24 W 21 Brown E 34 E 35 Elm Tuttle Burton Brandes East E side Monroe Reed Carney English McClelland E 38

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

2

XX

1

C

4

C

CCC

6

AACC

C

A

8

CCCCCCAA

2

DD

8

DDDDDDDD

3

C

7C

2

C

D

6

DDDD

DD

4

ADDD

4

CDDC

8

AADDDDDD

2

DD

8

DDDDDDDD

3

DD

A

2

CC

TOTAL RAMPS

73

In I&PR

27

Not In I&PR

45

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 241 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 242 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 243 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 244 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 245 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 246 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 247 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 248 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 249 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 250 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 251 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 252 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 253 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 254 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 255 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 256 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 257 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 258 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 259 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 260 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 261 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 262 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 263 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 264 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 265 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 266 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 267 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 268 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 269 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 270 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 271 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 272 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 273 of 317

APPENDIX G CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING INTERSECTION LIST

Union Square

STREET

CROSS STREET

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

State Peach Sassafras

12

8

13

8

14

8

12

8

13

4

14

6

12

4

12345678

12345678

12345678

12345678

12

56

345678

3456

TOTAL RAMPS

46

In I&PR

11

Not In I&PR

35

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 274 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 275 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 276 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 277 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 278 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 279 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 280 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 281 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 282 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 283 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 284 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 285 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 286 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 287 of 317

STREET State

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 288 of 317

APPENDIX G CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING INTERSECTION LIST

Perry Square

CROSS STREET

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

North Park Row

4

5678

South Park Row

4

1234

TOTAL RAMPS

8

In I&PR

0

Not In I&PR

8

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 289 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 290 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 291 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 292 of 317

STREET
Peach French French

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 293 of 317

APPENDIX G CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING INTERSECTION LIST

Perry Square Bumpouts Vavala Construction

CROSS STREET

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

North Park Row

1

5

E 6

1

2

South Park Row

1

1

TOTAL RAMPS

3

In I&PR

0

Not In I&PR

3

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 294 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 295 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 296 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 297 of 317

STREET Schaal

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 298 of 317

APPENDIX G CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING INTERSECTION LIST

GEIDC (SET)

CROSS STREET

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

E 18th

6

1

45678

TOTAL RAMPS

6

In I&PR

0

Not In I&PR

6

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 299 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 300 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 301 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 302 of 317

STREET Lincoln

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 303 of 317

APPENDIX G CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING INTERSECTION LIST

National Lime & Stone Vavala Concrete

CROSS STREET

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

W 16th

2

5

8

TOTAL RAMPS

2

In I&PR

0

Not In I&PR

2

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 304 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 305 of 317

STREET
Peach Peach State

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 306 of 317

APPENDIX G CITY OF ERIE DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING INTERSECTION LIST

Hamot Crenshaw Construction

CROSS STREET

RAMP

RAMP #

QUANTITY 1 2 3 4 5 6 7 8

W 3rd

2

34

W 2nd

2

78

Hamot Entrance

2

45

TOTAL RAMPS

6

In I&PR

1

Not In I&PR

5

On Sch C/D

0

* Shaded ramp locations are not in the Inventory and Program Report (I&PR)

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 307 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 308 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 309 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 310 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 311 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 312 of 317

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 313 of 317

PennDOT Local Ramps Constructed in the City of Erie

Ramp # ECMS
#

State Route

Local Name

Intersecting Street

Intersection
Quadrant Comment

3 90559 20 26th Street Cochran

southeast "local"

4 90559 20 26th Street Cochran

southwest "Local"

7 90559 20 26th Street Goodrich

southwest "Local"

8 90559 20 26th Street Goodrich

southeast "local"

10 90559 20 26th Street French Street

northwest "Local"

12 90559 20 26th Street French Street

northeast "Local"

14 90559 20 26th Street French Street

southeast "Local"

16 90559 20 26th Street French Street

southwest "Local"

18 90559 20 26th Street Holland Street

northwest "Local"

20 90559 20 26th Street Holland Street

northeast "Local"

22 90559 20 26th Street Holland Street

southeast "Local"

24 90559

20 26th Street Holland Street

southwest "Local"

25 90559

20 26th Street German Street

northwest "Local"

26 90559

20 26th Street German Street

northeast "Local"

from 2010

30 90559

20 26th Street Wallace Street

northwest
"Local" from 2010

32 90559

20

26th Street Wallace Street

northeast "Local"+"State"

34 90559

20 26th Street Wallace Street

southeast "Local"

36 90559

20

26th Street Wallace Street

southwest "Local"+"State"

38 90559 20 26th Street Ash Street

northwest "Local"

42 90559 20 26th Street Ash Street

southeast "Local"

44 90559 20 26th Street Ash Street

southwest "Local"

46 90559 20 26th Street Reed Street

northwest "Local"

48 90559 20 26th Street Reed Street

northeast
"Local" from 2010

50 90559 20 26th Street Reed Street

southeast "Local"

52 90559 20 26th Street Reed Street

southwest "Local"

55 90559 20 26th Street Monroe

southwest "Local"

56 90559 20 26th Street Monroe

southeast "Local"

58 90559 20 26th Street Wayne Street

northwest "Local"

60 90559 20 26th Street Wayne Street

northeast "Local"

62 90559 20 26th Street Wayne Street

southeast "Local"

Page 1 of 5

On Sch C/d On I&PR (Ramp

(Ramp Loc #)

Loc #)

7 6

7

6

7

2

2

3,4 6 7,8 2 6 7

6

7

7

7

6

6

2

2

3

3

6

6

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 314 of 317

PennDOT Local Ramps Constructed in the City of Erie

Ramp # ECMS
#

State Route

Local Name

Intersecting Street

64 90559 20 26th Street Wayne Street

66 90559 20 26th Street Jackson

68 90559 20 26th Street Jackson

71 90559 20 26th Street Van Buren

72 90559 20 26th Street Van Buren

74 90559 20 26th Street

Perry

76 90559 20 26th Street

Perry

78 90559 20 26th Street

Perry

80 90559 20 26th Street

Perry

82 90559 20 26th Street East Avenue

84 90559 20 26th Street East Avenue

86 90559 20 26th Street East Avenue

88 90559 20 26th Street East Avenue

90 90559 20 26th Street Pennsylvania

92 90559 20 26th Street Pennsylvania

94 90559 20 26th Street Pennsylvania

96 90559 98 90559 100 90559 102 90559 103 90559

20 26th Street Pennsylvania

20 26th Street 20 26th Street 20 26th Street

Brandes Avenue
Brandes Avenue
Brandes Avenue

20 26th Street McKinley

104 90559 20 26th Street Burger King

105 90559 20 26th Street Burger King

Intersection Quadrant
southwest "Local"
southeast "Local"
southwest "Local"
southeast "Local"
southwest "Local"
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northwest "Local"
northeast "Local"
southeast "Local"
northwest "Local"
northwest "Local"
northeast "Local"

Comment from 2010
from 2010
from 2010

109 87551

4034

Bayfront Connector

Port Access Road

north east
"Local" from 2010

110 87551

4034

Bayfront Connector

East Bay Drive

north east "Loacal"

from 2010

111 87551

4034

Bayfront Connector

East Bay Drive

Island north

from 2010

On Sch C/d On I&PR (Ramp

(Ramp Loc #)

Loc #)

2

2

3

6 7
6 7 3
2 4

Page 2 of 5

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 315 of 317

PennDOT Local Ramps Constructed in the City of Erie

Ramp # ECMS
#

State Route

Local Name

Intersecting Street

Intersection
Quadrant Comment

112 87551

4034

Bayfront Connector

East Bay Drive

Island south

from 2010

113 87551

4034

Bayfront Connector

East Bay Drive

114 75877 20 26th Street Geist Street

115 75877 20 26th Street Geist Street

116 75877 20 26th Street Geist Street

117 75877 20 26th Street Holland Road

118 75877 20 26th Street Brown Avenue

119 75877 20 26th Street Brown Avenue

south east "Local"
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northwest "Local"
northeast "Local"

from 2010 carry to 2012 carry to 2012 carry to 2012 carry to 2012 carry to 2012 carry to 2012

120 91488

0197

Old French Road

29th Street

northwest "Local"

On Sch C/d On I&PR (Ramp

(Ramp Loc #)

Loc #)

123 91488

0197

Old French Road

29th Street

southwest "Local"

125 91488

0197

Old French Road

30th Street

northwest "Local"

129 91488

0197

Old French Road

30th Street

southwest "Local"

130 91488

0197

Old French Road

31st Street

135 91488

0197

Old French Road

32nd Street

139 91488

0197

Old French Road

32nd Street

142 91488

0197

Old French Road

33rd Street

143 91488

0197

Old French Road

33rd Street

mnorthwest "Local"
northwest "Local"
southwest "Local"
northeast "Local"
southeast "Local"

1

1

1

1

8

8

145 91488

0197

Old French Road

33rd Street

147 91488

0197

Old French Road

Maiden Lane

149 91488

0197

Old French Road

Maiden Lane

156 91488

0197

Old French Road

36th Street

159 91488

0197

Old French Road

37th Street

northwest "Local"
northwest "Local"
southwest "Local"
southeast "Local"
northeast "Local"
Page 3 of 5

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 316 of 317

PennDOT Local Ramps Constructed in the City of Erie

Ramp # ECMS
#

State Route

Local Name

Intersecting Street

160 91488

0197

Old French Road

37th Street

Intersection
Quadrant Comment
southeast "Local"

On Sch C/d On I&PR (Ramp

(Ramp Loc #)

Loc #)

164 91488

0197

Old French Road

39th Street

northeast "Local"

165 91488

0197

Old French Road

39th Street

southeast "Local"

167 91488

0197

Old French Road

41st Street

northwest "Local"

169 91488

0197

Old French Road

41st Street

northeast "Local"

171 91488

0197

Old French Road

41st Street

southeast "Local"

173 91488

0197

Old French Road

41st Street

southwest "Local"

174 91488

0197

Old French Road

Cypress Street

northwest "Local"

176 91488

0197

Old French Road

Cypress Street

southwest "Local"

177 91488

0197

Old French Road

42nd Street

northwest "Local"

180 91488

0197

Old French Road

42nd Street

182 87525 0008 185 87525 0008 187 87525 0008 189 87525 0008 190 87525 0008 192 87525 0008 195 87525 0008 197 87525 0008 199 87525 0008 201 87525 0008 202 87525 0008 204 87525 0008 206 87525 0008 209 87525 0008

Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue

Burton Street
Brandes Street
Brandes Street
Essex Avenue
East Street
East Street Lake Pleasant
Road Lake Pleasant
Road Lake Pleasant
Road Lake Pleasant
Road Perry Street
Perry Street
Wayne Street
Wayne Street

southwest "Local"
southeast "Local"
northwest "Local"
southwest "Local"
northeast "Local"
northeast "Local"
southeast "Local"
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northeast "Local"
southeast "Local"
northwest "Local"
southwest
"LPocaagl"e 4 of 5

1

8

1

1

8

1

8

2 3
3
7

Case 1:02-cv-00203-SPB Document 48 Filed 02/14/12 Page 317 of 317

PennDOT Local Ramps Constructed in the City of Erie

Ramp # ECMS
#

State Route 211 87525 0008 213 87525 0008 215 87525 0008 217 87525 0008 218 87525 0008 220 87525 0008 222 87525 0008 234 87525 0008 237 87525 0008 239 87525 0008 241 87525 0008 243 87525 0008 244 87525 0008 246 87525 0008 247 87525 0008 249 87525 0008 251 87525 0008 253 87525 0008 254 87525 0008 257 87525 0008

Local Name

Intersecting Street

Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue
Pine Avenue

East 37th Street
East 37th Street
East 37th Street
East 37th Street
East 35th Street
East 35th Street
East 34th Street
East 34th Street
Ash Street
Ash Street
Ash Street
East 32nd Street
East 32nd Street
East 32nd Street
East 33rd Street
East 33rd Street
Holmes Street
Holmes Street
Marvin Street
Marvin Street

Intersection Quadrant
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northeast "Local"
southeast "Local"
northeast "Local"
southeast "Local"
northwest "Local"
northeast "Local"
southeast "Local"
southwest "Local"
northeast "Local"
southeast "Local"
northwest "Local"
southwest "Local"
northwest "Local"
southwest "Local"
northwest "Local"
southwest "Local"

Comment

On Sch C/d On I&PR (Ramp

(Ramp Loc #)

Loc #)

7 7

On Sch C/D

36

On I&PR

20

Page 5 of 5

 
 Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BARRIER BUSTERS; SHONA EAKIN; ) Civil Action No.: 02-203E

MICHAEL EAKIN; MARY ANN PARSNIK; )

and CAROLYN CREHAN, on behalf of )

themselves and all others similarly situated,

) ) Magistrate Judge Baxter

)

Plaintiffs,

)

v.

)

)

CITY OF ERIE, PENNSYLVANIA,

)

)

Defendant. )

)

~ ~.~~ ~.7: ~ 77.~~~***~***************************** ,•"••7•:.•-"•C•C•77.•o-•."•,•C•7• ••••C•7•77.c•.c•C•C• ••c•.c•c•c•C7•.7•: ••C•7• •••• **********

SECOND STIPULATED ORDER BETWEEN PLAINTIFFS AND DEFENDANT ERIE

Pursuant to Orders duly entered In this action, Erie is required to report

each and every intersection of Erie streets, roads and highways where milling,

paving or other alteration occurred between 1992 through 2012. See Second

Consent Decree and Partial Settlement, 114, [Doc. 31]. Likewise, also see the

April 19, 2007 Settlement Agreement and Order In the PennDOTIErle Lawsuit,

(06-cv-78) at 11 5 [Docs. 32 and 33] (Erie required to report where milling, paving

or other alteration occurred at any intersection of Erie and PennDOT streets,

roads and highways).

In 2010, Plaintiffs discovered that Erie's Bureau of Streets had been

milling, paving or otherwise altering at Intersections throughout Erie, but had not

reported some of these intersections as required by the Settlement Agreements

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 2 of 10
and Orders. Defendant Erie alleges that this was unintentional. Through additional investigations and negotiations, the parties agreed that some of this Bureau of Streets work had triggered the obligation to Install curb ramps at these various locations and that a process was necessary to identify the number and location of each such Intersection, and to set a timetable for the installation of these curb ramps. All parties negotiated, and In September 2011, the Court entered the "Stipulated Order". See Documents 42 and 44. This Stipulated Order set forth a procedure for investigating and resolving Issues surrounding this Bureau of Streets work during years 2007 through 2010 and any curb ramps that mayor may not be triggered during this work. Pursuant to the earlier Court Orders and the Stipulated Order, from August 2011 to present, the parties have been working to frame the remaining Issues, and have also partially resolved some of the issues.
The parties desire to resolve these issues in an expeditious and economical manner that addresses the interests of the Plaintiffs and the concerns of all other parties by stipulating to several Interpretative provisions with respect to the Settlement Agreements and Consent Decrees, In order to minimize the likelihood of further disagreements or miscommunications. The parties believe they are clarifying obligations set forth In the earlier Consent Decrees.
2

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 3 of 10
Therefore, Plaintiffs and the Defendant, City of Erie, having met, negotiated and consented, and this Court, having reviewed the terms of this Second Stipulated Order, and having found It just, IT IS HEREBY ORDERED:
1. Prior Orders Remain in Effect. All terms and conditions set forth In the all prior Consent Decrees and/or in the Stipulated Order entered In this lawsuit remain in full force and effect, and are unchanged by this Second Stipulated Order.
2. limitation on Jurisdiction Re. PennDOT Intersections. The Settlement Agreements in Voices for Independence, et. AI., v. PennDOT and Erie, 06·cv·0078 (W.D.Pa.) control all intersections Inside Erie involving one or more PennDOT streets, roads or highways. The Parties acknowledge that in that lawsuit, there are motions pending concerning when, where and how many curb ramps must be placed at certain of those Intersections. The Court, and the parties, do not intend for this Second Stipulated Order to Interfere In any way with the issues to be resolved by those motions.
The Listing of Erie Streets Bureau Potential Milling, Paving or Other Alterations. 3. Years 2002.2004; 2006·2011. Pursuant to the Stipulated Order (doc 42), on March 1, 2012, Erie provided Plaintiffs' Counsel with a listing of locations where Erie's Bureau of Streets had been scheduled to perform milling, paving or other alterations to the streets. Defendant Erie attaches this listing hereto as Exhibit 1. The listing Is segregated by year, beginning with 2002 through 2004, and ending with years 2006 through 2011. Erie admits that the Bureau of Streets
3

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 4 of 10
milled, paved or otherwise altered many of these locations, but is currently lacking Information to permit it to state with certainty which locations, if any, ADAcompliant curb ramps were required to be instatled or where ramps actually were Installed during that milling, paving or other alteration work.
4. Year 2005. Erie failed to prOvide any Information whatsoever regarding Bureau of Streets milling, paving or other alteration in year 2005, although it admits that It is likely that the Bureau of Streets did mill, pave or otherwise alter some intersections during that year, Defendant Erie Is alleging that it Is unable to provide any information whatsoever regarding Bureau of Streets milling, paving or other alteration In year 2005 because of a long-term absence of the recordkeeping employee, The parties have not reached agreement regarding any Bureau of Streets work that mayor may not have occurred during year 2005. Nothing In this Stipulated Order impacts in any way upon any claims or defenses any party may assert for the year 2005. Any analysis of year 2005 shall be separate from any analysis of years 1992 through 2001.
5. The Map of Years 2002-2004; 2006·2011 Potential Locations. On March 1, 2012, Erie sent to Plaintiffs' Counsel a listing of potential Bureau of Streets alterations for the above listed years, See Exhibit 1, After discussions with Erie, it was agreed that Plaintiffs would map the potential locations. Plaintiffs mapped approximately 617 intersections, and provided a copy of the map to the City. Erie attaches a copy of this map hereto as Exhibit 2.
4

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 5 of 10
6. Initial Joint Inspection. The parties agreed to conduct a joint Inspection of some of these mapped locations. That inspection took place on June 19, 2012. After a few hours, Erie directed Plaintiffs to continue with the Inspections and report Plaintiffs' findings to the City. Over the three days of June 19 through 21, 2012, Plaintiffs inspected approximately 240 of the mapped Intersections.
7. Initial Report to Erie. On July 6, 2012, Plaintiffs sent Defendant a letter. That letter summarized the approximate number (approximately 240) of Intersections Inspected thus far by Plaintiffs. That letter has several pages attached as examples showing sketches of Erie Bureau Work at several intersections, and Plaintiffs' estimate of curb ramps triggered by that work. The parties agree that these are only estimates and that no parties waive any claims about curb ramps triggered at these intersections.
8. Results of Plaintiffs' Inspections. Thus far, pursuant to the Stipulated Order and negotiations with Erie, Plaintiffs have Inspected approximately 240 of the 617 intersections on the map. In consideration of this Second Stipulated Order, Plaintiffs have provided the listing of these 240 intersections to Erie. At this time, Erie will not re-Inspect these intersections, but it reserves the right to verify the Plaintiffs' results.
5

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 6 of 10
9. Erie to Conduct the Remaining 377 Inspections. After discussions, the Parties have agreed that Erie shall inspect the 377 remaining Intersections, and provide sketches In the form attached hereto as Exhibit 3. In each such sketch, Erie shall show the location of all ADMG-compllant curb ramp(s), all non-compliant curb ramp(s), and all solid curb(s).
10. Timetable for Inspections and Transmitting Results. Erie shall complete these Inspections no later than the end of December 2012, completing approximately 95 intersection inspections during each month of September, October, November and December. At the end of each month, Erie will send to Plaintiffs' Counsel via email and hard copy, true and accurate copies of each of the Inspection sketches completed during that month.
11. Parties to Meet and Confer on Inspection Results. After December 2012, the parties through Counsel shall meet to discuss the results of the parties' inspections, and shall attempt to agree on the number of curb ramps triggered, if any, and a timetable for installing all such ramps. Any party may file a motion with the Court to resolve any unresolved issues.
12. Years 1992 through 2001. The parties have not reached agreement regarding any Bureau of Streets work that mayor may not have occurred during years previous to year 2002, which Erie alleges was raised by Plaintiffs after the informal conference with Magistrate Judge Baxter. Nothing In this Stipulated Order impacts in any way upon any claims or defenses any party may assert for the years prior to year 2002.
6

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 7 of 10
13. Consideration for Second Stipulated Order. In consideration for Erie's successful completion of each of the terms herein, Plaintiffs agree to:
(a) Forbear from filing at this time a Motion for Contempt alleging Erie's failure to report any and all Bureau of Streets alterations in Erie from 2002 through 2004, and year 2006 through 2011, and alleging Erie's failure to install hundreds of mandated curb ramps triggered by those alterations. As long as Erie cures all such violations and is meeting its obligations pursuant to this Consent Decree, the earlier Consent Decrees and the Stipulated Order, Plaintiffs agree not to file for contempt, and will not do so unless and until all reasonable efforts to resolve the matters without additional litigation are exhausted, with previous written notice to Erie;
(b) Provide to Erie the listing of all Intersections inspected by Plaintiffs during June 19, 20 and 21, 2012;
(c) Permit Erie to conduct the initial inspections of the remaining 377 intersections remaining on Plaintiffs map of the Bureau of Streets locations during years 2002-2004, and 2006 through 2011. All parties reserve the right to conduct follow up inspections to verify or to dispute the information provided by other parties;
(d) Negotiate the locations of curb ramps triggered by Bureau of Street alterations during years 2002-2004, and 2006 through 2011, and negotiate a timetable for the installation of such curb ramps, and to file a motion to enforce or motion for contempt only if such negotiations fail to fully resolve each Issue; and,
(e) Agree to consider In good faith a system for installing priority curb ramps at significant locations, In lieu of a rigid installation of curb ramps only at locations triggered by alterations, if the parties are able to agree to such a system and to show the Court that such a system would not violate the ADA or the Rehabilitation Act.
7

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 8 of 10
.. .. - · ,:' : . : , .'. ..':'

'14•.AttorneysFees. The parties, ihroughCounsel,have met and have agreed upon a payment to liquidate 'allpoter:itral'clalms~y Plaintiffs for fees and

.,i

costs from -the City ofEt'ieforthe'time period .ofAugust 30,.2011 through August

8, :201:2. The 'Clty 'shall pay'these amount to Heberle &'Finnegan, PLLC, and to

the Elderkin Firm within fifteen days. By agreeing upon this Payment, the City of

Erie and Plaintiffs expressly do not wahle.any claims or defenses relating to any

future 'fees .and costs that maY .beclaimed 'for :al1yfuturework.

15. :RetentlonolJurlsdlctlon. The :partiesoexpressly ag ree, and the Court .Orders, :that '.lhe'Courhhail -retain Junsdlctlon to.emorce the terms.and.condltlons ·of 'this 'Second 'StjptilatedOrder, ,as well as all existing Consent Decrees and Settlement Agreements :between :Plalntiffs and the City·of Erie.
'Read,and Approved ·as··to;Formon,thls/3 ( ,day·ot.August, :201:2, .by:

~~D'32814
OFFICE OF ERIE CITY SOLICITOR 626 State 'Street, room :505 Erie, PA 16501 (814)870-1:235 (814)455-9438
Attorneys 'for Defendant City 'OfErie

:8

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 9 of 10

..-

3, Read and Approved as to Form on this

~1\
day of August, 2012, by:

~_N\~h~
J. Mark Finnegan (40261)~
Denise M. Heberle (42453) HEBERLE & FINNEGAN, PLLC. 2580 Craig Road Ann Arbor, MI48103 (734) 302-3233 (734) 302-3234 fax Attorneys for All Plaintiffs
J'f
Read and Approved as to Form on this '3 \ day of August, 2012, by:

~~.-,---,--A;_t L d_~
Craig A. M ~ ham (38531)
ELDERKI W FIRM Jones School Square 150 East Eighth Street Erie, PA 16501 (814) 456-4000
Attorneys for All Plaintiffs

9

Case 1:02-cv-00203-SPB Document 50 Filed 08/31/12 Page 10 of 10 IT IS SO ORDERED, THIS _ _ DAY OF AUGUST, 2012.
MAGISTRATE JUDGE PARADISE BAXTER UNITED STATES DISTRICT COURT
10

 
 Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BARRIER BUSTERS; SHONA EAKIN;

) Civil Action No.: 02-203E

MICHAEL EAKIN; MARY ANN PARSNIK; )

and CAROLYN CREHAN, on behalf of )

themselves and all others similarly

)

situated,

) Magistrate Judge Baxter

)

Plaintiffs,

)

v.

)

)

CITY OF ERIE, PENNSYLVANIA,

)

)

Defendant.

)

)

)

THIRD STIPULATED ORDER AMONG PLAINTIFFS AND DEFENDANT CITY OF ERIE

Pursuant to Orders duly entered in this action, each year Defendant, City of Erie ("Erie"), is required to file reports that identify each and every intersection of Erie streets, roads and highways where milling, paving or other alteration occurred in the prior year. See e.g. Second Consent Decree and Partial
Settlement, 114, [Doc. 31]. Likewise, a/so see the April 19, 2007 Settlement Agreement and Order in the PennDOl/Erie Lawsuit, (06-cv-78) at 115 [Docs. 32
and 33] (Erie required to report where milling, paving or other alteration occurred at any intersection of Erie and PennDOl streets, roads and highways). The purpose of such reporting is to allow confirmation that Erie has installed curb ramps required by such alteration work.

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 2 of 10
In 2010, Plaintiffs discovered that Erie's Bureau of Streets had been milling, paving or otherwise altering intersections throughout Erie, but had not reported some of these intersections as required by the Settlement Agreements and Orders. Erie alleges that this was unintentional. Through additional investigations and negotiations, the parties agreed that some of this Bureau of Streets work had triggered the obligation to install curb ramps at various locations and that a process was necessary to identify the number and location of each such intersection, and to set a timetable for the installation of these curb ramps.
All parties negotiated, and in September 2011, the Court entered the first "Stipulated Order". See Documents 42 and 44. Among other things, this first Stipulated Order set forth a procedure for Erie to report to Plaintiffs the extent and the locations of milling, paving or alteration of street segments inside Erie performed by Erie's Bureau of Streets during years 2011 going forward. The Stipulated Order also obligated Erie to prepare listings of the locations of the work performed by the Bureau of Streets for the years 2007-2010.
In August, 2012, the parties negotiated a Second Stipulated Order which included listings prepared by Erie of milling and paving performed by the Bureau of Streets during the years 2002-2004 and 2006-2011. See Document 50. It also included Erie's promise to prepare sketches of each affected intersection so as to illustrate the extent of the milling and paving, and to indicate whether each intersection had compliant curb ramps in place.
2

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 3 of 10
Now, the parties have reviewed their experience with the reporting system set forth in the first Stipulated Order respecting ongoing work of the Bureau of Streets, and have agreed to modify Erie's obligations as described herein.
Therefore, Plaintiffs and Erie, having met, negotiated and consented, and this Court, having reviewed the terms of this Third Stipulated Order, and having found it just, IT IS HEREBY ORDERED:
1. Prior Orders Remain in Effect. All terms and conditions set forth in the all prior Consent Decrees and/or in the First and Second Stipulated Orders entered in this lawsuit remain in full force and effect, and are unchanged by this Third Stipulated Order, except as expressly set forth herein.
2. Limitation on Jurisdiction Re. PennDOT Intersections. The Settlement Agreements and Orders in Voices for Independence, et. AI., v. PennDOT and Erie, 06-cv-0078 (W.D.Pa.) control the reporting and the work to be performed at all intersections inside Erie involving one or more PennDOl streets, roads or highways. The Court, and the parties, do not intend for this Third Stipulated Order to interfere with or in any way alter the rights and obligations of those other Agreements and Orders.
3. Prompt Installation of Triggered Curb Ramps. The parties expressly state that the goal of these procedures is to ensure the installation of any curb ramps triggered by the Bureau of Streets work as soon as reasonably practicable. Erie agrees that, to the extent possible, curb ramps triggered by such work shall be installed during the construction season when the work is
3

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 4 of 10
performed. Plaintiffs recognize that some alteration work often is performed so late in the construction season, that some ramps will have to be deferred until the next season. However, Erie agrees that:
(A) If milling or other alteration are performed by the Bureau of Streets on or before August 15, all curb ramps triggered by such work shall be installed in the same construction season
(B) Erie asserts that-when its Bureau of Streets mills or otherwise alters street segments after August 15-that it is difficult to meet bidding requirements in time to ensure that triggered curb ramps are installed during the remaining construction season. Erie wishes to reserve the right to defer installation of these triggered curb ramps until as late as June 30 of the following year. Plaintiffs wish to avoid Erie altering intersections in August, September or October, but leaving them inaccessible to Plaintiffs for nearly one year later. As a compromise, the parties agree to the following experiment during years 2013 and 2014:
(i) Given the procedures set forth in paragraphs 5 and 6 of this Stipulated Order, Erie believes that it will be able to identify all locations where curb ramps may be triggered during the remainder of the calendar year by paving work by the Bureau of Streets by the time the August report and meeting have taken place as provided in paragraph 6. At that time the City shall promptly advertise for bids for a contract for ramp construction of the ramps known or anticipated to be triggered during the remainder of the calendar year by Bureau of Streets
4

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 5 of 10
activity; and will commit its best efforts to complete 70% of such ramps so triggered by the end of the calendar year. The remaining triggered ramps not constructed by the end of the construction season will be constructed in the following spring construction season.
(ii) In exchange, Plaintiffs agree to allow Erie to defer until June 30 of the next season installation of some of the curb ramps triggered by Bureau of Streets post August 15 milling or other alterations.
Counsel for the parties shall meet after the end of the year 2013 and 2014 construction to review and to discuss how the parties believe the "Post August 15 experiment" worked. The parties mutually may choose to retain or to alter this practice in subsequent years.
(C) Any "deferred" curb ramp shall be identified in the Annual Report covering the year in which the ramp was triggered, as described in paragraph 4 below.
4. Annual Report of Segments Milled or Otherwise Altered.
In each of its Annual Reports, going forward, Erie shall include, in a separate section:
(A). Documents in the form of Year 2012's Annual Report Appendix A-2 which describes the locations of the milling, paving and/or alteration work performed by the Bureau of Streets each year covered by that report.
5

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 6 of 10
(B) "Hatched sketches", illustrating each street segment where milling or alterations beyond mere pothole patching occurred. Each sketch shall also show where a compliant curb ramp has been added or otherwise exists, and where any non-compliant curb ramp or other barrier remains. Each sketch will also show where Erie intends to install a compliant curb ramp prior to June 30 of that year. Erie and Counsel reserve all rights and defenses relating to this work and the reports.
5. June 1 Interim Report. Meeting and Inspection. No later than June 1, 2013, and each year thereafter, Erie shall transmit via email to Plaintiffs Counsel, Craig Markham and J. Mark Finnegan, the following regarding work that has been done or is to planned to be done that year:
(A). A listing of the location(s) of all milling, paving and/or alterations performed year-to-date by the Bureau of Streets. For each intersection, a hatched sketch shall be provided, in the form and containing the data described in Section 4(B) above. This listing shall include Erie's statement of the date by which each of the curb ramps triggered by such work will be installed if they have not yet been installed.
(B) A listing of the locations of all milling, paving and/or alterations that are underway and those that are planned or reasonably anticipated to be performed by the Bureau of Streets in the current year.
(C) A listing of Erie's "Best Guess" intersections, and the location of each curb ramp to be installed during that season at these intersections.
6

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 7 of 10
(D) A listing of the location of each curb ramp triggered by Bureau of Streets work during the previous year, which had not been installed but had been deferred to be installed in the current year. This list shall identify which of these ramps have been installed, and which remain to be installed prior to June 30.
After Erie transmits the June Interim Report, the parties through Counsel shall meet. At a minimum, they shall attempt to resolve any issues arising the June Interim Report.
6. August Interim Report. Meeting and Inspection. No .later than August 10, 2013, and each year thereafter, Erie shall transmit via email to Plaintiffs Counsel, Craig Markham and J. Mark Finnegan, updates of all listings and information described in paragraph 5 above.
After Erie transmits the August Interim Report, Erie and Plaintiffs' Counsel shall meet. At a minimum, they shall attempt to resolve any issues arising from the Interim Report.
7. Procedure to Reach Agreement and to Resolve Disputes. The parties through Counsel shall work together in good faith to evaluate and to attempt to mutually agree if any ramps are triggered by Bureau of Streets milling or other alterations, and that each ramp be promptly installed. If the parties, through Counsel, cannot agree, any party may file an appropriate motion or otherwise request judicial intervention in, or the resolution of, all unresolved
7

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 8 of 10
disputes. Changes required by changes of conditions, changes in schedule, available funding or emergencies will be reported via email to Plaintiffs' Counsel in advance if at all possible. In the rare event that this prior written notice is impossible, Erie will notify Plaintiffs' counsel via email as soon as possible, but no later than one week following the beginning of the work. The written notice will state all reasons the City claims that prior notice was impossible. The parties through Counsel shall confer in good faith to permit Counsel to determine and agree if a curb ramp triggering event occurred.
8. Consideration for Third Stipulated Order. In consideration for Erie's successful completion of each of the terms herein, Plaintiffs agree to forbear from filing at this time a Motion for Contempt alleging Erie's failure to install timely all required curb ramps triggered by its Bureau of Streets' milling and other alteration of street segments during year 2012. As long as Erie cures all such violations and is meeting its obligations pursuant to this Third Stipulated Order, the earlier Consent Decrees and the earlier Stipulated Orders, Plaintiffs agree not to file for contempt, and will not do so unless and until all reasonable efforts to resolve the matters without additional litigation are exhausted, with previous written notice to Erie;
9. Attorneys Fees. The parties, through Counsel, have met and have agreed upon a payment to liquidate all potential claims by Plaintiffs for fees and costs from the City of Erie for the time period of August 9, 2012 through March 29,2013. The City shall pay these amount to Heberle & Finnegan, PLLC, and to
8

r'·'-··
Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 9 of 10

1he;Elderkin Firm within 'fifteen days. By agreeing upon this payment, the City of

'Erie and Plaintiffs expressly do not waive any claims or defenses relating to any

future-fees and costs thatmaybeclaim~dfor any future work.
to. Retention of Jurisdiction. Thep.arties expressly l1gree, and the Court

Orders. ihat the Court shfim retain jurisdiction to enforce the "terms and conditions

of this Second Stipulated Order1 as well as all existing Consent Decrees and

SettlementAgreementsbetween Plaintiffs and the City of Erie.

(0 Read :and Approved on 'this

~a,y :of April, 2013, by:

/7P:>~jl~~~
(~AID,32814 I F ERIE CITY SOLICITOR
.4-----626.stateJ)treet,-r-Oom~5051----------------------­
Erie.PA16501 (814) 870-1.235 (814) 455-9438
Attorneys for Defendant CiW of Erie

9

Case 1:02-cv-00203-SPB Document 52 Filed 04/17/13 Page 10 of 10
Read and Approved on this 17th day of April, 2013 by:
lsI J. Mark Finnegan J. Mark Finnegan (40261) Denise M. Heberle (42453) HEBERLE & FINNEGAN, PLLC. 2580 Craig Road Ann Arbor, MI481 03 (734) 302-3233 (734) 302-3234 fax Attorneys for All Plaintiffs
Read and Approved on this 17th day of April, 2013, by:
lsI Craig A. Markham Craig A. Markham (38531)
ELDERKIN LAW FIRM Jones School Square 150 East Eighth Street Erie, PA 16501 (814) 456-4000 Attorneys for All Plaintiffs
10

 
 Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 1 of 11

IN THE .UNITED STATES DISTRICT COURT
FOR ttiSWESTERN .DISTRICT OF PENNSYLVANIA

BARRIER BUSTERS; SHONA EAKIN; ) Civil Action No.. : .OZ..203E

MICHAEL EAKIN; MARY ANN PARSNIK; )

and CAROLYN CREHAN, on behalf of )

tbemsehtes and an others similarly

)

situated,

) Magistrate JQ.dge Saxter

)

il

Plaintiffs,

)

~

~

)
)

I:

CITY OF ERIE, PENNSYLVANIA,

)

il

)

,' ,

Defendant )

!i

)

"'i

I;

i!

AMENDED THIRD STIPULATED ORDER AMONG PLAINTIFFS. AND

I

DEFENDANT CITY OF ERIE

I

Pursuant to Orders duly entered In this action, each year Defendant, Olty of Erie

I

("Erie''), is required to file reports that Identify each and every Intersection of Erie.

I
II

streets,. roads and highways where miUiniJ, pavinl) or other alteration occurred in the

I'

I' II

prior year. Se.e e.g. Second Consent Decree artd Partial Settlement, 1!4, [Doc. 31).

Likewise, also see the April 19, 2'007 Settlement Agreement and order in the

PennDOT/Erie Lawsuit, (06-cv-78) at 1l 5 [Docs. 32 and 33] (Erie required to report

where milling, pavlns or other alteration occurred at any intersection of Erie and

PfilnnDOT streets, roads and highways). The purpose of such reporting is to allow

confirmation that Erie has installed curb ramps required by such alteration work.

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 2 of 11
In 2010, Plaintiffs discovered that Erie's Bureau of Streets had been milling,
paving or otherwise altering Intersections throughOut Erie, but had not reported sorne of these intersections as required by the Settlement Agreements and Orders, Erie alleges that this was unintentional. Through additional investigations and negotiations, the parties agreed that some of this Bureau of Streets work had triggered the obligation to install curb ramps at various locations and. that a process· was necessary to identify the number and location of e:ach such lntersectlon, and to set a timetable for the installation of these c~;~rb ramps.
All parties· negotiated, and in September 2011, the Coyrt entered the first "Stipulated Order". See Documents 42 and 4.4. Among other things, this first Stipulated Order set forth a procedure for Erie to report to Plaintiffs the extent and the locations of milling, paving ot alteration ofstreetsegments inside Erie performed bY Erie's Bureau of
Streets during years 2011 going forward. The Stiptd~;~ted Or!:ler also obligated Erie to
prepare listings of the locations of the work performed by the Bureau of Streets for the years 2007·201 0.
ln August, 2012, the partfes negotiated a Second Stipulated Order which included listings prepared by Erie of milling and paving performed by th.e Bureau of Streets during the years 2002·2004 and 2006•2011. See Document 50. It also Included Erie's promise to prepare sketches ofeach affected intersection so as to illustrate the extent of the milling and paving, and to indicate whether each intersection had compliant curb ramps in place.
2

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 3 of 11
In early 2013, the partlea negotiated a Third S(ipulated Order Which contains a requirement that Erie issue Interim repQrts of ongoing Bureau .of Streets alterations, as well as meetings and negotiations regarding which curb ramps, if any, are triggered by that work. See Documents 52 and 53, entered on April 17 and 18, 2003. It also. included EriEl's promisE! to prepare SkEltches .of each affected intetsectit;ln so as to illustrate the extent of the milling and paving, and to indicate whether each intersection had compliant curb ramps in place.
Now, a year has pass!;!d, and th(:) part)!:)s have reviewed their experience with the reporting system .set. forth in the Stipulated Orders respecting ongoing work of the Bureau of Streets, and have agreed to. modify Erie's obligations as deacrlbed herein.
Therefore, Plaintiffs and Erie, having met, negotiatl;!d and consented. and this Court, having reviewed the tetms of thiS Amended Third Stipulated Order, and having found itjuat, IT IS HEREBY ORDERE;D:
1. Prior Otders Remain in Effect. All terms and conditions set forth in the all prior Consent Decrees and/or in the First, Second or Third Stipulated Orders entered in this lawsuit remain in fUll force and .effect, and are unchanged by this Amended Third
as Stipulated Order, except expressly aet forth<herein.
2. Limitation on Juris<!lctlon Re. PennDOT lnters.ectlons. The Settlement Agreements and Orders in Voices for Independence, et. AI., v. PennDOT and Erie, 06cv-0078 (W,D.Pa.) control the reporting and fhe work 1o be performed at all intersections inside Erie involving one or more Pennoor atreets, roads or highways. The Court, and the parties, do. not intend for this Amended Third Stipulated Order to
3

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 4 of 11
interfere. with or In any way alter the rights a(!d obligations .ofthose other Agreement~> and Orders.
3•.Prompt Installation of Trlggerecl Curb Ramps. The parties e)(pressly state that the goal of these procedures Is to ensure the Installation of any curb ramps triggerec! by the Bureau of Streets work ~;~s soon af(l reasenably practicable. Erie agrees
that, to the extent possible, curb ramps triggered by su.ch work shall be Installed during
the construction season when the work Is performed. Plaintiffs recognize that some alteration work often is performed so late in the construction season, that some ramps will have to be deferred J;Jntil the next season. However, Erie agrees that:
(A) Ifmilling or other alteration are performed by the Bureau of Streets on or before August 5, all curb ramps triggered by such work shall be installed in the same con$trucfion season
(B) Erie !'lsserts that-when its Bureau of Streets mills or otherwise alters street segments after August 5-that it is difficult to meet bidding requirements in time to ensure that triggered curb ramps are Installed during the remaining construction season. Erie wishes to re$er:ve tile tight to (le{er Installation ()f these triggerec! curb r<lmp.s until as late. as Jut~e 30 of the following year. Plaintiffs wish to avoid Erie altering intersections after August 5, or during September or October, but leaving them lna~cessible to Plaintiffs for nearly one year later. As a compromise, the parties agree to the following experiment during years 2014 and 2015:
4

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 5 of 11
(i) Given the procedures set forth in paragraphs 5 and 6 of this Stipulated Order, Erie believe.s that It will be abfe to identify all locations where curb ramps may be triggered during the remainder of the calendar year bY paving work by the Burea1.1 .of Stree.ts by the time the August report l:!nd meeting have ta.kliln place. as provload in paragraph 6. At that time the. City shall promptly advertise for bids for a contract for ramp construction of the ramps known or anticipated to be triggElred during the remainder of the calendar year bY Bureau of Stre.ets activity; ~:~nd. wiiJ commit its best efforts to. complete 70% of s1.1chramps so triggered by the end of the calendar year. The remaining triggered ramps not constructed by the end ofthe construction season will be constructed in the following spring construction season.
(U)ln exchange, Plaintiffs agree to allow Erie to defer until June 30 of tha next
season installation of some of the curb ramps .triggered by Bureau of Streets post Aogust 5 milling or other alterations.
In exchange for EWe's "Best Guess" curb ramp installation procedure, Plaintiffs agree to allow Erie to defer until June 30 of the next seas.oo Installation of some of the curb ramps triggered by 'Bureau of Streets post AugustS milling or other alterations.
Counsel for the parties sball meet aftet the encl of the years 2014 and 2015 construction to review and to discus.s how the parties believe the "Post Al!gost .5 experiment" worked. The. parties mutually may choose to retain or to alter this practice in subsequent years.
(C) Any "deferred" curb ramp shall be identified in the Annual Report covering the year in which the tamp was triggered, as described in paragraph 4 below.
5

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 6 of 11
4. Annuai Report of Segments Milled or Otherwise Altered. In each of its Annual Reports; going forward, Erie shall include, in a .separate section:
(A). Documents in the form of Year 2012's Annual Report Appendix A~2 which describes the locations of the milling, paving and/or alteration work ,performed by the Bureau of Streets each yet~r covered by that report.
(B) ''Hatched sketches", illustrating each street segment where milling or alterations.beyond mere pothole patching occurred. Each sketch shall also showwhere a compliant curb ramp has been added or otherwise exists, and where atiy non-
compliant curb rarnp or other barrier remains. Each sketch will also show Where Erie
intends to install a compliant curb ramp prior ·to June 30 ofthat year. Erie and Counsel reserve all rights and defenses relating to this work and the reports.
5. June.1 Interim Report. Meeting and. inspection. No later than June 1, 2014, and each year thereafter, Erie shall transmit Via email to Plaintiffs Counsel, Craig Markham and J. Mark Finnegan, the following regarding work that has been done or is to planned to be done that year:
(A). A liSting of the locafion(s). of all milling, paving and/or alterations performed year-to-date by the Bureau of Streets. For each intersection, a hatched sketch shall be provided; in the form and containing the data described In Section 4(8) above. Jhis listing shall include Erie's statement of the date by which each of the cUr:b ramps triggered by su¢hworkwillb~ installed if theY have not yet been installed.
6

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 7 of 11
(B) A listing ofthe locations ofall milling, paving and/or alterations that are underway and thOse thf.!t are plal'ltled or reasQnably anticipate(! to be p.erformed by the Bureau of Streets in the current year;
(C) A listing of Erie's "Best Guess." intersections, and the location of e.ach curb ramp to be l.n$tiillied dUring that $eal;lon i;lt these Intersections.
(D) A listing of the location of each curb ramp triggered by Bureau of Streets work during the previous year, which had not been installed bUt had been deferred to be installed ln the cyrrent year; This list shall identify which of these ramps have been installed, and which remain to be installed prior to June 30.
(E) This Report shall be in the format and contain the same categories of information setforth in Erie's June 1, 2013 Interim Report, emalled to Plaintiffs' Counsel by the City on June 3, 2013, including with hatched sketches as corrected and emai.led on June 6, 2013.
After Erie transmits the June Interim Repof'l, the parties through Counsel shall meet. At a minimum, they $hall attempt to resolve any issues arising the June Interim Report
6. August Interim Report,. Meeting and Inspection. No later than August 10, 2014, and each year thereafter, Erie. shall transmit via email to Plaintiffs Co.unsel, Craig
Markham and J. Mli!tk. Finnegan, updi;ltes of all listings and information described in
paragraph 5 above.
7

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 8 of 11
Thi$ Report shall be in the form~t and contain the, same categories of information
set forth In Erie's August 10, 201S Interim Report, emailed to Plaintiffs' Counsel by the
City on AUgust to, ~013. After ,Erie transmits the August Interim Report, Erie and Plclintiffs' Counsel shall
meet. At a minimum, they shall attempt to resolve. any issues arising from the Interim Report.
7. Procedure to Reach Agreement and to Resolve Qispytes. The parties through Counsel shall work together in good faith to evaluate and to attemptto mutually
agree if any ramps are triggered by 13uteau of Streets milling or other alteratiqns, and
that each ramp be promptly instalfecl. lfthe parties, through Counsel, cannot agree, any party may file an appropriate motion orotherwise request judicial intervention in, or the resolution of. all unresolved disputes. Changes required by changes of conditions, changes in schedule, available fUnding or emergencies Will be reported via email to Plaintiffs' Counsel in advance If at all possible. In the rare event that this prior written notice is impossible, E:rie will notify Plaintiffs' counsel via email as soon as possible, but no later than one week following the beginning of the work. The written notice will state all reasoN\ the City claims tnat prior notice was impossible .. The parties through Counsel shall confer In good faith to permit. Counsel to clelermine and agree if a curb ramp triggering event occurred .

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 9 of 11
(A) During Sept~rnber 2013, pursuant to this section, the parties met through
attorneys, .and agreed, purely for purposes of amicable settlement; that the following
curb ramps wer~ triggered prior to August 5, 2013, and Erie shall. ensure that each shall be constructed by June. 30, 2014:
Plum and Park Avenue South:. Ramp# 3; West 101h Street and Myrtle Street Ramp # 1;
West 101h SfreetandWalnut Street Ramp#4; and,
East 131h Street and Reed Street: Ramps## 1 and 8. The agreement regarding these particular curb ramps Is not meant to be used in any way during future negotiations.
It Consideratfon for Amended Third Stipulated Order. ln. consldlilration for
Erie's .successful completion of each of the terms herein, Plaintiffs agree to forbear from filing at this time a Motion for Contempt alleging 5rie's failure to install timely all required curb ramps triggered by Its Bureau of Streets' milling and other alteration of street segments during year 2013. As long as Erie is meeting its obligations pursuant to this Amended Third Stipulated Order, the earner Consent Decrees and the earlier Stipulated Orders, Plaintiffs agree not to file for contempt. and will not do so unless and until all reasonable efforts to resolve the matters without additional litigation are exhausted, with previous written notice to Erie:
9. Attorneys Fees. The parties, through Counsel, have met and have agreed up.on a payment to liquidate all p.otential claims by Plaintiffs for fees and costs. from the City of Erie for the time period of March 30, 2013 through May 14, 2014. The City shall
9

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 10 of 11
pay these amounts to Heberle & Finnegan, PLLC, and to the Elderkin Firm within fifteen days. By agreeing upon this payment, the City of Erie and Plaintiffs expressly do not waive any claims or defenses relating to any future fees and costs that may be claimed for any future work.
10. Retention of Jurisdiction. The parties expressly agree, and the Court Orders, that the Court shall retain jurisdiction to enforce the terms and conditions of this Amended Third Stipulated Order, as well as all existing Consent Decrees and Settlement Agreements between Plaintiffs and the City of Erie.
Read and Approved on thi'ls\ ~"olday of May, 2014, by:
~~f'JJ~
' Gerald J. Villella, Esq. PAID 32814 OFFICE OF ERIE CITY SOLICITOR 626 State Street, room 505 Erie, PA 16501 {814) 870-1235 (814) 455-9438 Attorneys for Defendant City of Erie
10

Case 1:02-cv-00203-SPB Document 55 Filed 05/22/14 Page 11 of 11

('5 Read and Appro\lfld on thl$

T1-1
·day of May, 20141 by;

•Marl< FlhnE!Qan (4.0261)
. nls~t M. H!91l~ttle (42453) . HEBERLI; & FINNEGAN, PLI..O.
2580 C(alg Roa(j Ann Arbo.r, Ml48103 {7a4}302·3233
'734) 302•32a4 fax Attorneys for All Plaintiff$

/6)~ay Read and Approved on this

of May, 201411 by:

craig arkham (38531)

ELDE KIN LAW FIRM

Jones School Squar~:~

150 East Eighth Street

(E8r1fe41)

PA 16.501 456-4000

Attorneys for All Plaintiff&

11

 
 Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 1 of 9

FORINTHTEHEWEUSNTITEERDNSDTIASTTERSICDTISOTFRPICETNNCSOYULRVTANIA

aBMthnAIedCRmHCRsAAeIEElRvRLOesBELYUaAnNKSdITNCaE;RlRlMEoSAtH;hRASeNrHYs,AOsoNNimnNAbilaPe£rh:AlAyaRKlSIfNuN;ftK;
situated,

) } } )
) )

Plaintiffs,

)

v.

)

)

CITY OF ERIE, PENNSYLVANIA,

) )

Defendant.

)

Civil Action No.: Q2--203E
Magistrate Judge: Paradise"'Baxter

FIFTH CONSENT DECREE AMONG PLAINTIFFS AND DEFENDANT CITY OF ERIE WHEREAS Plaintiffs filed on June 27, 2002 a class-action Complaint against the
Defendant, City of Erie, alleging violations of Title II of the Americans With Disabilities
Act; and the City of Erie denies any violations of federal law; and, WHEREAS during November, .2002 all parties entered into a First Partial
Consent Decree; and, during September 2003 the parties entered into a Second Consent Decree and Partial Settlement; and, the parties entered into a Third Consent Decree on April 29, 2004;and the parties entered into a Fourth Consent Decree in
November 2004; and, WHEREAS Pursuant to Consent Decrees duly entered in this action, each yeat
Defendant, City of Erie ("Erie"), is required to file reports that identify each and every Erie street, road and highway where milling, paving or other alteration occurred in the prior year, (see e.g. Second Consent Decree and Partial Settlement, 1[4, [Doc. 31], and
1

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 2 of 9
also to report the location and measurements of each curb ramp installed during the pre:vio.us year, the purpose of such reporting being to allow confirmation thatErie .has installed curb ramps required by such alteration work; and,
WHEREAS, on August 11, 2014, Defendant emailed to Plaintiffs' Counsel "Erie's August 10, 2014 Interim Progress Report» and, when they reviewed that Interim Report, Plaintiffs' Counsel raised issues regarding the number and locations of .curb ramps Erie had recently installed as a part of these alterat1ons; and,
WHEREAS, through Counsel, during August 2014 throqgh Ma,y 20.15, Plaintiffs and Erie exchanged several emails,Jetters, written diagrams, conducted lnsp.ections of several recent street, road and highway alterations, and personally .met ·in several meetings at Erie City Hall, all discussing and negotiating these and closely related issues: and,
WHEREAS, on March 11, 2015, Plaintiffs filed a Motion To Enforce Consent Decrees and the Parties briefed these issues to the Court, which held a May 7, 2015 hearing on this matter; and,
WHEREAS, after that hearing, the parties met at City Hall and agreed to a process to resolve these issues;
THEREFORE: the parties agree and the Court hereby enters the following Fifth Consent Decree.
2
- - - - - - - - - · ...........................................................

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 3 of 9

1·. ·earlier••ConsentDecrees.·.and··.Stipulated.Orders.Remain•.;;n·•Effect

The P~rties agtee and the Oovrt hereby enters the following Fifth. Consent

Decree. The requirements .of tbe parties'. earlier First Gon$;lent. Qeqree (document t4),

I

~

Secpnd Consent Decree (document. 31), Third Consent Decree. (doc.ument 36), and

Foqrth Consent Decree •(docqment 4.0) rer:tlaJrt in fOil forr;:e arn:l effect. except to the.

extent expressly set forth belaw. The.sameis true for the First.(document.42J~ Se¢0nd

~document· 50), Third (document 53) andAmended. Third. (doqornent5S) . $tipolated

Orders,

Decree,, ·the term ··"Alteration"·· shaH haVe the meaning as set.forth in tbe June 2013 Degartment of Justice/Department <:>f.transPol'tatiort Joint· techtUcal Assistance
Guidance; attached hereto as Exhibit 1. 3. Current Year and Future Alteration Of Any Part Of An Intersection.
Beginning Year 2015, and continuing int(.) the future, whenever Erie ·shafl maRe any alteration to any part of an intersection (see. Illustration \'A" attaohe'G hereto), E::de shall ensure that at e~ph such "T" inters~ction .there shall· be six (6). fully··ADMG,.cornpliant curt? ramps and that ~teach such "plus"("+") irttersectkm there shall be el~ht {8)JuUy
AOMG-compliant· curb .ramps. 4. Current Year and Future Alteration Of Any · Part . Of A Pedestrian
Ct<>.ssing. B~girtning Year 201 $, and cdntinuing into the foture, whenev$r Eri.e shall rn~ke any alteration to any part of a pedestri~n crossing< (see Illustration "B" attached hereto), Erie shall ensure that each such pedestrian crossing shall have a fully ADAAG-
3

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 4 of 9

compliant curb ramp at each end of that pedestrian crossing. In addition, during

construction of each such curb ramp, Erie shall install another curb ramp adjacent to

each curb ramp entering into the pedestrian crossing, except for the rare oGCasion that

a sidewalk is set so far back that the curb ramps will not, or do not; share a common

landing, In such an event, Erie shall follow the procedures of paragraph 6 below.

5. Curb Ramps to be Installed .at Specific Listed ''T" Intersections. The

parties have been having a dispute regarding numerous intersections throughout Erie.

"

Plaintiffs allege that during Years 1994 through 2014, Erie paved at least one of two

"'""

streets so as to cause an alteration to the intersection (the .area constituting an

intersection is shown in Illustration C attached hereto), but that Erie installed fewer than

six (6) ADAAG-complaint curb ramps at s.uch "T" intersections and fewer than eight (8)

ADAAG-compliant curb ramps at such "plus "+" intersections. Beginning in August 2014

and continuing to pre.sent, the parties have been negotiating this issue. All parties agree

that the Consent Decree language mandated installation of six curb ramps at such "T"

intersections and eight curb ramps at such "plus" intersections, but Erie argued that the

ADA itself only required installation of curb ramps crossing the paving. The Plaintiffs

filed a motion, the parties filed briefs, and the Court held a hearing on the issue.

Paragraphs 3 and 4 above resolve the issue of curb ramps to be installe.d in 2015 and in

the future. To resolve the issue of remediation, the parti.es agree to the following

process. 5A. Creation of List. of Subiect "T" Intersections. Erie has created a draft
listing for the Year 2014, but only for that year, of intersections where it failed to install

4

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 5 of 9

curb

ramps

that

were

required

by .

the ''

foreg.oing

. '

'

''

-

lan- g-ua' g.·e

of the

Consent ' - -·- .. .D.e.crees.

Plaintiffs shallattemptto "er'ifythat Hst; To prepare. for the Court Hearing: on thi$ issue~

Plaintiffs began ·creating a draft listing·for years prior' to 2Cr14. Eri.e nPw has. requ.ested

that Pl.aintiffs create a draft listing for each year, using the• following protocoL .Filatntiffs

shan cor~tinue to review Ede1s Annual Reports to identify "T" intersections where Erie

may ha.ve installed· fewer thEm six. ~DMG;.coiTipliant curb ramps. Then, Pl.9ihtiffs shall

either visit those interse¢fions or View the intersection on <Soogle Maps ''StreefView'' or

~·satellite". PlaintiffS will attempt to identify ''T" intersections where Erie Installed ADAAG'"

compliant curbrarnps at two of the three pedestrian crossings (a,k;a. "Legs''),, but not at

the third crossing (a.k.a. "Leg'). Plaintiffs shalt •provide the draft listing to Erie, who shall

check fhe listing to verify its acct..~racy. If Erie•discovers addifionafsuch intersections that

Plaintiffs ha\te missed, Erie shall add thos.e to the.listing, No later than 30 days from the

filing of this Consent Decree.. the parties shan negotiate and then agree to the listing.,

Upon the agre.ement of the parties on the listing, the final listing shall be fUetl with the

court. In the evenfthat there is a dispute, the li$ling shaft be presented to the Court for a

final determination. 5B. ·Timetable for lnstallatio.n· of. Missing Curb Ramps. at The .{'Listed''
lnte.rsections. All curb ramps on the.listin.g described in paragraph 5Aabove, shaU Pe
installed by Erie at the rate of no less than 75 curb ramps per year •qornmencing in 2015. In the annual reports filed by the Gity each year, Erie shall identify in a separate section, the number and location of each such curb ramp that it installed in the prior

year:

5

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 6 of 9

6. Potential Exc"*ptibn.s Pursuantto c28 C.F.R. Part36, App. A § .cl.1.6(ft The
parti~s agree that the AOMG at 28 Q,F.R, Part 36; Ap.p. A § 4.1.6(1} shall b~ the
standard to judge aUegatiens that constructiott.()t alteratiens cannet 11)e¢tJn full the
constructi<>n and (:lesigrl stahdardsset<.1ttf in· the. Gonsent Decrees. Any time dut"ing the
life <>fthis Gonsent Decree that Erie believes that any p<;irticolar inte.rsection Rrohibits construction or alteration in fuJI compliance with a!:lch ofthe standa!"cJs, Erie .shall Within 15 d!;lys of discovecy of such an Jnt~rsection ihform Plaintiffs' c<.1unsel in writiQg. This writing shall list which engineer(sJwho have reviewed the intersectic>Q, the.lecatien of the intersection., and a statement ofwhich standarcl(s},allegecJJ}' cannot be met, why not, and how much efa deviation frt.)nlthie stahdard(:s) is centemplated.1 Erie shall include a detailed drawing(s) of·.each such proposed deviant ramp, with the propesed final measurements fer each direct slope, <;ross~slope, lip and level landings. The parties
shall allow at least 15 days frem the postmark of the written ,notification to attempt to
resqlve the matter. The goal is thatany di~puted corner or ramp is te be bui'!t cfi.\Jring the current construction season. Thus; it is important that Erie notify Plaintiffs of a r;?otential prQblem prgmptly. Erie shall not allew the issue te remain unresolved s<> long th.at the ramp is not installed dur:ing the .current constructien seasgn...Unresolved Disput&s. The parties expressly agree that the Qeurt shall have jurisdiction to resolve any disputes under the terms of this paragraph. lfthe dispute cannot be resolved during the fifteen (15) clay period,. the parties shall submit written letter briefs to the Ceurt. When one sicte.

slope,

th1eSjpuenc<~iatul raettoefntthioenrasmhapllabhedgthiveensttroeetht,eamndeathseurelemveelnlatsndoifntgh·eatdtihreecttosplopaend,

the crossbottom of

each ramp.

6

-·-·-~·-·--------

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 7 of 9
submi~ ,such a brief, ttte nther ,side ~~~ eye pertt~tWi~ ten (~Dl day& 'to, suhmlt; :an
O:l?pt>slt:lg brief, if, it Wishes,,' T~ Qoqrt1s :¢l$ciSi0tt unaer this, pa@grepll stiElU be, tre~t$<1 as any,tfedislon, ~Y tbe mal court:.
7. ,Pmctdti!J to RetQI! Aut!S!ltnt ar:td:to Resollie; DiSPtJtes• The :t1al}i~~
thtd,ugh Ctlunsel shalt work ~etll~r.irt go,odifalttrfo e~aJ~te ,au<f.:tQ ~:ltEm'tfrttQ :rtlt;ttuaUy a$)~e ,•if ,anY ramf>s ate itfl~~d •J,>)" ,'alleratiom.• ,antt that ,eactt:• ramp,,,,bS; prQtllptfy in~5ta'lied. If the partfes1 tbrQugh Q;)uMel, ~1'\nof:aQree,, any: p.a'rty m~y fiJe, an
m, 'appropriate rnotiQr1 c,r otll~s~ re'quest}udi~,l·1nt~eQti()n Jni at'thE1 tesolutton an
tihres91Ve'Ci'disputel5. :0hangesreq·uir~q ~y:cna·nge$ oleooditrbns. cphan~' in $ch~lll~
available fu.nding or $met§e',ncl'e$: :WiU<be rep,Qded via ~~l.t ;t&' Plaintiff$" Cq,Utl$&l in
a(lyance .if at au p<l$$lble. In,, the @re ·~vent .that this pffot wdtten nQti<~ff .,ii,Jmpos$iJ:)J~~ Ede'Wfll·notify Pl,intifflf counsel via· email a$ $O<Jn as.po$t>li:)Je~ but ncltater·than one: ~ f1;:1Uowing the. beginrHng ofthe woJ'k. Ihe.wfitten notice· wiU . state iitll: re~.ns th~·
Cit}~' claim& that prto:rnott9ew• 1mp0$Sible. J'he patti~ thrQ!Jgb Coun~~~ $112111 confer:)n:
.g:opt'J 'faitb w permit Cout:lsetto determine and: ~Sltee if a 9Utb· r:arnp triggering ~\f;ef1t' ·occulted.
~~~ :Athltr!eVS<:F!es. The pa'fli~. thrQ,L{Qh ~unS61). nave met ana have ag~d
opeh a f)Elyrnent to liquidate aU p¢tential 4Jafms P,y Plaintiffs for feet> ~rid ,CC)stS.lrom ,Erie for ·tfle', time ~dl!ld of May 44, 2'614 th.rP~;tSJ:I:l fd~e on lclvoiOe$:]. Erie shall pa;y th~!ii!
antOuntS to Hebert&'& Fin~,anj 'PLL~. and tG the l:lderk:ln Firm with:i{l fifteen day~ .~
as:r:eeing pppn thil5· paymettt. Etie:.and. Plaintiffs e~p.fi.?$sly de not. waive an)l~JCJims or
clefenses relating to any futtJre:fees and· CQ&ts:tnarmay be cfaimect f<)r any'fururerwork.
7

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 8 of 9

9. Changes in Applicable Law or Controlling Regulations. The prior consent

decrees and stipulated orders filed in this matter are the product of negotiation and

compromise. Among other things, the parties have negotiated and a.greed upon the

construction standards for curb ramps and have agreed upon the alterations that trigger

Erie's obligations to install curb ramps as part of ongoing and future repaving ofstreets.

In the.event that either party believes that applicable governing l;:1w or regulations have

been changed since the time of the entry of these consent de.crees or stipulated orders,

-

that party shall notify the other party in a writing that specifi.cally identifies the alleged change in law or regulation and that describes the manner in which that st.1ch change

would alter either parties' obligations under the existing consent decrees or stipulated

orders if the change were to be applied prospectively. The responding party shall then

have 30 days to reply in writing. Within 30 days following this reply, the parties shall

then attempt to resolve the matter. If the matter is not resolved within that period, then

either party may seek relief from the court. The fact that the parties have agreed to the

foregoing process to address such claims shall not be construed as an agreement to

change or modify the governing law or the burden imposed by law upon a party Who

seeks relieffrom a consent decree. 10. Consideration for Fifth Consent Decree. Plaintiffs agree that the Court
shall be informed that the Plaintiffs; Motion To Enforce Consent Decrees has been resolved by this Fifth Consent Decree. In further consideration of Erie's successful completion of each of the terms herein, Plaintiffs agree to forbear from filing at this time a Motion for Contempt alleging Erie's failure to install timely all required curb ramps

8

_ ___________ - -._ - ...................... ......-.......... ..... ...... ...

Case 1:02-cv-00203-SPB Document 70 Filed 05/26/15 Page 9 of 9

triggered by its ,alteration .of street se.gmerits discussed .~bove. As long as Erie is

meeting its obligations pursuant ·to this ·Consent De.cree, 'th~ :·earlier Consent Decrees

·and the ·earlier Stipulated Orders, :Plaintiffs C;'lgree not:to file for contempt, and will not do

so unless and until all ,reasonable =efforts ·to
.
litigation are exhausted, with previous written

resolv.~ the matters n:otice to •Erie. The

without .additional
.
parties reserve all

'issues, claims, rights ·and defens.es tbat:have .not been ·expressly resolved by this Fifth

Consent Decree or by the prior =Consent Decrees and S.tipu]ated·Order$.

t1...Retention :af ..Jurisdiction~ The ,parties.. expressly agree., .a~d the Court

O.rders,,:that •the·Court.shallretain Jurisdiction to:erif.Qrce tf'le .termsand conditions of 'f~is

as Fifth ·'C()nsent Deere~, . well.· as· all· existing Consent .Oeorees and Stfpulated ·Orders

h~twe.en. Plaintiffs .and:•fhe·City ;of'Erie:·

Agreed :and Ac.cepted .on Thbsc.Q Day of MaY,, ·20·1:5 by:

{3eraid J. Villella,'Esq.·(32814) .·

OFFICE OF ERIE CITY'i$:0UCITOR

626 S~ate .Street, Room ,505

E~i~•.:PA 165:01·

. .

{8:14}870~ 123:5

'814,) ~45:5~9438

Attorneys for All Defendants

. . ~ ark ·Finn~gan
DeQise :f¥1, Hebetle.(424,53) HEBERLE &FINNEGAN~ PLLC
. 2580 Craig Ro:ad · A. nn'.Arb. o. r~ M. l·.48. 10.3
(734.)-;.3,02..:3233 .
i(73:4)~·3.a2~3234 fax ·
f!uLxJ~~
Cral.g ..Markham (38531) :ELDE · IN LAW FIRM 150 East .Eighth Street :Erie, PA 16501 :(81.4)-456-4000 Attomeys for All Plaintiffs

 
 Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BARRIER BUSTERS; SHONA EAKIN;

) Civil Action No.: 02-203E

MICHAEL EAKIN; MARY ANN PARSNIK; )

and CAROLYN CREHAN, on behalf of )

themselves and all others similarly situated,

) ) Judge Paradise Baxter

)

Plaintiffs,

)

v.

)

)

CITY OF ERIE, PENNSYLVANIA,

)

)

Defendant.

)

)

)

FOURTH STIPULATED ORDER AMONG PLAINTIFFS AND DEFENDANT CITY OF ERIE

I.

BACKGROUND

On February 11, 2003, the first consent decree was entered in this case,

[Doc. 14], pursuant to which Defendant, City of Erie ("Erie') agreed to install curb

ramps, which comply with the American With Disabilities Act, and its

implementing regulations, at intersections during all street resurfacing projects.

On August 18, 2003, the parties filed their Second Consent Decree, which

confirmed that curb ramps were to be installed wherever Erie altered or

resurfaced al) intersection. {Doc. 31].

Beginning with the first Consent Decree, and as revised by subsequent

Consent Decrees and Stipulated Orders, Erie is required to file yearly reports that

identify each intersection where milling, paving or other alteration occurred in the

Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 2 of 14
prior year. See e.g. Partial Consent Decree '112 [Doc. 14]; Second Consent Decree and Partial Settlement, '1!4, [Doc. 31]. See also, April 19, 2007 Settlement Agreement and Order in the PennDOT/Erie Lawsuit, (06-cv-78) at '115 [Docs. 32 and 33] (Erie required to report where milling, paving or other alteration occurred at any intersection of Erie and PennDOT streets, roads and highways).
In 2010, Plaintiffs discovered that in prior years, Erie's Bureau of Streets had been milling, paving or otherwise altering intersections throughout Erie, but had not rep6rted some of these intersections as required by the Consent Decrees and Stipulated Orders. Through additional investigations and negotiations, the parties agreed that some of this unreported paving work had triggered the obligation to install curb ramps. The parties then set out to establish a process to identify the locations of all previously unreported paving and the status of the installation of required ramps at each such intersection.
In September 2011, the Court entered the first Stipulated Order. (Documents 42 and 44], which, among other things, set forth a procedure for Erie to report to Plaintiffs the extent and the locations of milling, paving or alteration of street performed by Erie's Bureau of Streets during years 2011 going forward. The Stipulated Order also obligated Erie to prepare listings of the locations of the work performbd by the Bureau of Streets in prior years.
2

Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 3 of 14

In August, 2012, the parties negotiated a Second Stipulated Order and attached thereto a listing prepared by Erie of the milling and paving performed by the Bureau .of Streets during the years 2002-2004 and 2006-2011. See Document 50. Erie has no records of its paving during 2005. This Stipulated Order also obligated Erie to prepare sketches of each affected intersection so as to illustrate whether the milling and paving had included the intersection, and to indicate whether each intersection had compliant curb ramps. In this way, the parties hoped to identify those curb ramps that needed to be installed and to then negotiate a reasonable time table to remediate the past violations.

II CURB RAMPS AT ISSUE HEREIN

As a result of this review and investigation of the previously unreported paving

that occurred from 2002 through 2011, the parties identified two relevant

classifications of Bureau of Streets paving which the Plaintiffs asserted

constituted an alteration that had triggered the obligation to install curb ramps.

One consisted of those intersections where the street surface was asphalt

immediately before the start of the subject work and where milling was performed

to remove the old asphalt and where new asphalt then was applied. Erie agrees

that such milling and paving constituted an alteration which had required the

I
installation of curb ramps at the affected corners.

Erie agrees to retrofit these

3

Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 4 of 14
intersections by installing curb ramps. These intersections shall be referred to herein as "Asphalt Intersections".
The second classification consisted of intersections where the street surface was concrete/cement immediately before the start of the subject work. At these intersections, a thin layer of asphalt had been applied over the concrete. Erie disputes Plaintiffs' claim that this work was an "alteration" triggering the obligation to install ADA-compliant curb ramps. Rather, Erie contends that such work was not: an alteration and that it did not trigger the obligation to Install curb ramps. Erie' disputes any legal obligation to retrofit these intersections by installing curb ramps. Erie agrees, however, that there is no dispute that, since July 2013, curb ramps shall be installed when these intersections are altered by paving. These intersections have been labeled "Concrete Intersections".
In June, 2013, the U.S. Department of Justice and the U.S. Department of Transportation issued a Joint Technical Assistance Guidance, which confirmed that the application of a thin layer of asphalt constitutes an alteration which triggers the obligation to install curb ramps. Erie has confirmed that, respecting Concrete Intersections, it has followed this Guidance since July 2013 and has installed curb ramps as needed at Concrete Intersections that are paved with an asphalt overlay. In May, 2015, the parties filed the Fifth Consent Decree which
4

Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 5 of 14
expressly adopted the Joint Technical Assistance Guidance as providing the controlling definitions of alteration and routine maintenance. [Document 70].
The parties have now reached an agreement regarding the retrofitting of the Asphalt Intersections with curb ramps which should have been installed at the time of the paving and the parties have reached a partial agreement respecting the Concrete Intersections.
Therefore, Plaintiffs and Erie, having met, negotiated and consented, and this Court, having reviewed the terms of this Fourth Stipulated Order, and having found it just, IT IS HEREBY ORDERED:
Ill AGREEMENT Prior Orders Remain in Effect. All terms and conditions set forth in the
all prior Consent Decrees and/or in all prior Stipulated Orders entered in this lawsuit shall remain in full force and effect, and are unchanged by this Fourth Stipulated Order, except as expressly set forth herein.
A. INVENTORY OF RAMPS AT ISSUE HEREIN Prior to the discovery that Erie's annual reports had not included all of the Bureau of Streets' paving, Erie did not maintain records that indicated whether any of its paving intruded into or covered an intersection. Rather, the records
5

Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 6 of 14
only contained a general reference to the affected streets. In 2012, Plaintiffs used a map prepared by plaintiffs which identified some 617 intersections that were identified by these records, to visit a small sampling of these intersections. Plaintiffs prepared a listing of these intersections and identified separately which appeared to be Asphalt Intersections and which appeared to be Concrete Intersections.
Erie then used the same map, as well as other available records, to visit, list, and sketch all of the remaining 617 intersections which were not identified on Plaintiffs' list. Erie's list did not identify which intersections were Asphalt Intersections and which were Concrete Intersections. It is assumed that Erie's list does contain some number of Concrete Intersections. The Concrete Intersections which had been identified by Plaintiffs' 2012 list were not included in Erie's list. Erie's list did, however, adopt and incorporate all of the Asphalt Intersections that had been included in Plaintiffs' list of sampled intersections. Erie's list is attached hereto as Exhibit 1 and incorporated herein by reference.
Erie has visited the Concrete Intersections that are identified in Plaintiffs' 2012 sample list and has identified which of those intersections now have compliant curb ramps at each corner and which do not. This listing is attached hereto as Exhibit 2 and incorporated herein by reference. Erie has confirmed that, as of the end of 2016, this list shows that there were approximately 175 curb
6

Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 7 of 14
ramps from the Plaintiffs' sampling which have not been installed at Concrete Intersections.
Exhibit ·1 contains the inventory of all known Asphalt Intersections. The inventory of all known Concrete Intersections is contained in the combined listings of Exhibit 1 and Exhibit 2.
B. REMEDIATION OF ALL ASPHALT INTERSECTIONS
1. Erie represents that, through the end of 2017, there are approximately no more than 711 missing curb ramps at the Asphalt Intersections set forth on Exhibit 1. Some of these 711 ramps may be located at Concrete Intersections. Erie agrees that, starting in 2019, it shall retrofit the Asphalt Intersections by installing the missing curb ramps listed on Exhibit 1. This retrofitting for Asphalt Intersections shall be done at the rate of no fewer than 125 curb ramps per calendar year until all of such curb ramps located at Asphalt Intersections identified on Exhibit 1 have been installed. Erie and Plaintiffs calculate that, at this rate, all such missing curb ramps at the Asphalt Intersections will be retrofitted no later than the end of 2024
3. Erie agrees that if Exhibit 1 is found to have understated the number of the missing Asphalt Intersection curb ramps, it will notify Plaintiffs'
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 8 of 14
counsel within 10 business days and enter into good-faith negotiations to install those curb ramps that had not been included in Exhibit 1 within the shortest period of time practicable.
4. When determining the intersections to perform this retrofitting installation of curb ramps, Erie will use Exhibit 1 as a reference document to identify which Asphalt Intersections are to receive curb ramps as required by Section 111(8)(1) above. During that review process, Erie will make specific note of those intersections listed in Exhibit 1 which it believes are Concrete Intersections. This information will be reported by Erie in its annual report, as described by Section IV(A)(2)(a) below.
C. PARTIAL REMEDIATION OF SOME CONCRETE INTERSECTIONS
1. Erie maintains the legal position that, prior to July 2013, it had no obligation to install curb ramps at the Concrete Intersections. Plaintiffs disagree with this legal argument. Except to the extent set forth herein, Erie has not agreed to remediate Concrete Intersections. The legal issue of Erie's obligation in this regard is expressly preserved for potential future litigation.
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 9 of 14

2. Erie agrees to install no fewer than 125 additional curb ramps at Concrete Intersections, as identified on Exhibit 1 or Exhibit 2, by the end of 2025, being the year after the projected completion of the Asphalt Intersections as described in Section 111(8)(1) above. However, if Erie completes the Asphalt Intersections sooner than 2024, then the retrofitting work at Concrete Intersections shall commence immediately upon the completion of the Asphalt Intersections. In any event, the 125 curb ramps at Concrete Intersections shall be installed no later than the end of 2025.

3

This Fourth Stipulated Order is structured to provide Erie with the

maximum flexibility is determining which Concrete Intersections will be

remediated in any year. But, the parties also recognize that during the life of this

Order, Plaintiffs may desire to have particular intersections or curb ramps

remediated on an expedited basis by special request. This section deals with the

procedures for those situations.

Plaintiffs' counsel may notify via email Erie's Assistant Solicitor of particular ramps at Concrete Intersections that Plaintiffs want repaired on an expedited basis. Within ten (10) business days of receiving such email, Erie will notify Plaintiffs' Counsel in writing whether or not the request will be accepted. Requests may be rejected for good cause only. If the request is rejected, Erie will explain the reason(s) for the rejection of the request. If the request is accepted,
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 10 of 14
Erie will state the date(s) on which Erie will install the requested ramps. The parties shall allow at least an additional 30 days to resolve any disputes under this section. If the parties, through Counsel, cannot agree, any party may file an appropriate motion or otherwise request judicial intervention in all unresolved ·disputes.
4. This agreement concerning some of the Concrete Intersections does not settle, nor resolve, the legal issue of whether the Decrees and Stipulated Orders previously entered in this case obligated Erie to install curb ramps at all .Concrete Intersections when the paving was first performed or whether Erie has an obligation to remediate all of these intersections. The parties' right and ability to litigate this legal issue shall survive this Fourth Consent Decree. Rather, Erie has agreed to install 125 of these curb ramps solely to address and remedy the fact that Erie had failed to maintain any records of its Bureau of Streets paving for the year 2005.
IV. Annual Report
A. In each of its Annual Reports, going forward, Erie shall include, in a separate section or schedule the following information:
1. Asphalt Intersections Listed on Exhibit 1 a. Retrofitted Curb Ramps: The number and location of each such
curb ramp that it and/or its contractor(s) installed in the prior year.
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 11 of 14
2. Concrete Intersections a. Intersections identified on Ex. 1: Erie agrees to note on Exhibit 1 the Concrete Intersections Erie has identified as such during the review process described in Section 111(8)(4) above. This listing shall state the total number of all Concrete Intersections which have been identified as Concrete Intersections during the review process on Exhibit 1 to date. This report also shall identify .the number and location of each curb ramp that Erie and/or its contractor(s) installed (pursuant to III(C)(3)) in the prior year with respect to these identified Concrete Intersections. The identification of these concrete intersections ··will assist the parties in the assessment of whether further negotiations or litigation is warranted in order to address the total number of Concrete Intersections that are not remediated by ongoing paving and the retrofitting required by this Stipulated Order.
b. Retrofitted Curb Ramps: A listing of the names of Concrete Intersections, as taken from Exhibit 1 or Exhibit 2, where Erie and/or its contractor(s) retrofitted the intersection by installing curb ramps during the reporting year in accordance with Section III(C)(3) above. This listing shall also state the total number of curb ramps that have been retrofitted at Concrete Intersections to date.
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 12 of 14
V. Procedure to Reach Agreement and to Resolve Disputes.
A. The parties through Counsel shall work together in good faith to attempt to negotiate any disputes or issues that arise regarding the work to be done under this Stipulated Order. If the parties, through Counsel, cannot agree, any party may file an appropriate motion or otherwise request judicial intervention in, or the resolution of, all unresolved disputes.
B. If Erie believes that modifications or temporary relief from its obligations are required by changes of conditions, changes in schedule, available funding or emergencies, Erie will report, within 30 business days, all such issues via email to Plaintiffs' Counsel. The parties will then meet and confer to attempt to reach a resolution of all such issues. If the parties, through Counsel, cannot agree, any party may file an appropriate motion or otherwise request judicial intervention in all unresolved disputes.
VI. Attorneys Fees. The parties, through Counsel, have met and have
agreed upon a payment to liquidate all potential claims by Plaintiffs for fees and
costs from the City of Erie for the time period of November 3, 2015 through August 22, 2018. The City shall pay these amounts to Heberle & Finnegan, PLLC, and to the Elderkin Firm within thirty days after receiving approval by City Council. The City shall not delay, but shall immediately submit a request for City
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 13 of 14
Council approval upon its receipt of Plaintiffs' billings. By agreeing upon this payment, the City of Erie and Plaintiffs expressly do not waive any claims or defenses relating to any future fees and costs that may be claimed for any future work.
VII Retention of Jurisdiction. The parties expressly agree, and the Court Orders, that the Court shall retain jurisdiction to enforce the terms and conditions of this Fourth Stipulated Order, as well as all existing Consent Decrees and Stipulated Orders among Plaintiffs and the City of Erie.
Read and Approved on this 21st day of September, 2018 by:
/s/ Catherine Doyle Catherine Doyle, Esq. (81743) OFFICE OF ERIE CITY SOLICITOR 626 State Street, room 505 Erie, PA 16501 (814) 870-1230 (814) 455-9438 Attorneys for Defendant City of Erie
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Case 1:02-cv-00203-SPB Document 85 Filed 09/21/18 Page 14 of 14
Read and Approved on this 21st day of September, 2018 by:
Is! J. Mark Finnegan J. Mark Finnegan (40261) Denise M. Heberle (42453) HEBERLE & FINNEGAN, PLLC. 2580 Craig Road Ann Arbor, Ml48103 (734) 302-3233 (734) 302-3234 fax Attorneys for All Plaintiffs
Read and Approved on this 21st day of September, 2018, by:
Is/ Craig A. Markham Craig A. Markham (38531)
ELDERKIN LAW FIRM Jones School Square 150 East Eighth Street Erie, PA 16501 (814) 456-4000 ext. 327 Attorneys for All Plaintiffs
14

 
 Create an Alert for This Case on RECAP
U.S. District Court Western District of Pennsylvania (Erie) CIVIL DOCKET FOR CASE #: 1:02-cv-00203-SPB

CLOSED

BARRIER BUSTERS, et al v. CITY OF ERIE, PENNSYLVANIA Assigned to: Judge Susan Paradise Baxter Demand: $0 related Case: 1:06-cv-00078-SPB Cause: 42:12101 The Americans with Disabilities Act of 1990

Date Filed: 06/27/2002 Date Terminated: 03/11/2005 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

Plaintiff BARRIER BUSTERS

represented by Craig A. Markham Elderkin Law Firm 456 West 6th St Erie, PA 16507 814-456-4000 Fax: 814-454-7411 Email: camarkham@elderkinlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

J. Mark Finnegan Heberle & Finnegan 2580 Craig Road Ann Arbor, MI 48103 (734) 302-3233 Email: hffirm@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff SHONA EAKIN

represented by Craig A. Markham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff MICHAEL EAKIN
Plaintiff MARY ANN PARSNIK
Plaintiff CAROLYN CREHAN on behalf of themselves and all others similarly situated.
V. Defendant CITY OF ERIE, PENNSYLVANIA

J. Mark Finnegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A. Markham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Mark Finnegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A. Markham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Mark Finnegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Craig A. Markham (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
J. Mark Finnegan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gerald J. Villella Dailey, Karle & Villella 900 State Street

Suite 310 Erie, PA 16501 (814) 453-4651 Email: gvillella@erie.pa.us TERMINATED: 04/26/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory A. Karle Gregory A. Karle 626 State Street, Room 505 Erie, PA 16501 (814) 870-1230 Fax: (814) 4559438 Email: gkarle@erie.pa.us TERMINATED: 04/26/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine Moodey Doyle 626 State Street Room 505 Erie, PA 16501 814-870-1230 Fax: 814-455-9438 Email: cdoyle@erie.pa.us ATTORNEY TO BE NOTICED

Date Filed 06/27/2002 06/27/2002
06/28/2002
07/09/2002

# Docket Text
1 COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 02501 (nk) Modified on 07/10/2002 (Entered: 06/27/2002)
2 DISCLOSURE statement by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN (nk) (Entered: 06/27/2002)
3 ORDER, Referring Case to Magistrate Judge Susan P. Baxter as more fully stated in Order ( signed by Judge Sean J. McLaughlin on 6/28/02 ) CM all parties of record. (nk) (Entered: 06/28/2002)
4 RETURN OF SERVICE executed as to CITY OF ERIE, PENNSYLVANIA/CITY SOLICITOR AND MAYOR 6/27/02 Answer due on 7/17/02 for CITY OF ERIE, PENNSYLVANIA/CITY SOLICITOR AND MAYOR (nk) (Entered: 07/09/2002)

07/17/2002 5 ANSWER to Complaint by CITY OF ERIE, PENNSY (Attorney Gerald J. Villella) (nk) (Entered: 07/17/2002)

07/19/2002 6 Case Management Conference set for 10:00 7/30/02 before Baxter, M.J. in Room 227, U.S. Courthouse. (mad) (Entered: 07/19/2002)

08/06/2002

7 CASE MANAGEMENT ORDER Plaintiffs will file motion for class certification or consent to class certification before 9/28/02. Defendant may oppose any motion for class certification by brief filed before 10/28/02 - setting Discovery cutoff on 2/21/03 ; Motion Filing deadline due 11/27/02 ; Response to motions due 12/17/02 ; All other pretrial deadlines will be set after 2/21/03. ( signed by Magistrate Judge Susan P. Baxter on 8/6/02 ) CM all parties of record. (nk) (Entered: 08/07/2002)

09/27/2002

8 MOTION with Brief in Support by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN to Certify Class (nk) (Entered: 09/27/2002)

11/27/2002

9 MOTION by CITY OF ERIE, PENNSY to restrict Plaintiff's Action to a two-year pre-filing period with Proposed Order. (nk) (Entered: 11/27/2002)

12/17/2002

10 BRIEF by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN in opposition to [9-1] motion to restrict Plaintiff's Action to a two-year pre-filing period by CITY OF ERIE, PENNSY (nk) (Entered: 12/17/2002)

12/20/2002 11 MOTION for Leave to participate as Amicus Curiae with Proposed Order. (nk) (Entered: 12/20/2002)

12/20/2002 12 BRIEF in support of [11-1] motion for Leave to participate as Amicus Curiae (nk) (Entered: 12/20/2002)

01/14/2003 13 ORDER granting [11-1] motion for Leave to participate as Amicus Curiae ( signed by Magistrate Judge Susan P. Baxter on 1/13/03 ) CM all parties of record. (nk) (Entered: 01/14/2003)

02/11/2003

14 PARTIAL CONSENT DECREE by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 02/11/2003)

03/10/2003

15 Notice of Status Conference set for 9:30 a.m. on 3/17/03 before the Honorable Judge Susan Paradise Baxter in Room 227, U.S. Courthouse, Erie, PA (nk) (Entered: 03/11/2003)

03/17/2003

16 Status Conference held on 3/17/03 at 9:35 a.m. before Magistrate Judge Susan P. Baxter [ Reporter: 3/17/03 ] The pending Motions (#8 and #9) are taken under advisement. Defendant's Motion to restrict action (#) will be construed by this Court as a motion for summary judgment. A settlement conference is tentatively scheduled for Wednesday, May 7, 2003 at 10:00 a.m. (nk) (Entered: 03/17/2003)

03/18/2003

ORDER upon motion granting [14-1] decree consent ( signed by Judge Sean J. McLaughlin on 3/18/03 ) CM all parties of record. (nk) (Entered: 03/18/2003)

03/21/2003 17 Hearing on Follow up Status Conference that was held on 3/17/03. Follow up held on 3/21/03 at 9:00 a.m. before Magistrate Judge Susan P. Baxter [ Reporter: Ron Bench ] (nk) (Entered: 03/21/2003)

03/26/2003

18 REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 3/26/03 Recommending that [8-1] motion to Certify Class be granted ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (nk) (Entered: 03/26/2003)

03/26/2003

19 REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 3/26/03 Recommending that granting in part, denying in part [9-1] motion to restrict Plaintiff's Action to a two-year pre-filing period ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (nk) (Entered: 03/26/2003)

06/04/2003 20 Settlement Conference set for 3:00 p.m. on 6/11/03 in Room 302, U.S. Courthouse, 617 State Street, Erie, PA. (nk) (Entered: 06/04/2003)

06/19/2003

21 Status Conference held on 6/19/03 at 1:45 p.m. before Magistrate Judge Susan P. Baxter [ Reporter: n/a ] Agree to revised consent decree. Monthly reports; revisions done by 12/31/03. Final orders will be foward to District Judge. R & R Orders will be published. January 14, 2004 Status Conference. (nk) (Entered: 06/19/2003)

06/26/2003

22 Status Conference held on 6/26/03 at 3:30 p.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Parties are directed to files a supp. brief of the adequacy of class representations within 10 days. (nk) (Entered: 07/15/2003)

07/21/2003

23 MEMORANDUM by CITY OF ERIE, PENNSY to [8-1] motion to Certify Class by CAROLYN CREHAN, MARY ANN PARSNIK, MICHAEL EAKIN, SHONA EAKIN, BARRIER BUSTERS (nk) (Entered: 07/21/2003)

07/24/2003

24 Status Conference held on 7/24/03 at 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Amended Complaint to be filed within one week. No answer to the amended complaint will be required as oonly the request for monetary relief will change. Second partial consent decree will be filed within one week. (nk) (Entered: 07/24/2003)

07/28/2003 25 Stipulation by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN Dismissing Claims for Damages with proposed order. (nk) (Entered: 07/28/2003)

07/29/2003

ORDER upon motion granting [25-1] stipulation Dismissing Claims for Damages ( signed by Judge Sean J. McLaughlin on 7/29/03 ) CM all parties of record. (nk) (Entered: 07/29/2003)

07/30/2003

26 ORDER, adopting [19-1] report and recommendations ( signed by Judge Sean J. McLaughlin on 7/30/03 ) CM all parties of record. (nk) (Entered: 07/30/2003)

08/08/2003

27 JOINT MOTION by UNITED STATES OF AMERICA AND BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN for adoption of report and recommendation concerning statute of limitations for injunctive relief with Proposed Order. (nk) (Entered: 08/08/2003)

08/08/2003

28 MEMORANDUM ORDER, adopting [19-1] report and recommendations in part, Specifically, this Court adots the recommendation that Defendant's motion for summary judgment be denied as to the class, thereby allowing the class to litigate its claims as to the time period from 1992 through the present. IT IS FURTHER ORDERED taht the Report and Recommendation relative to the limitations period for the recovery of monetary damages by the individual plaintiff's is not adopted as the issue has been rendered moot by the withdrawal of these claims ( signed by Judge Sean J. McLaughlin on 8/8/03 ) CM all parties of record. (nk) (Entered: 08/11/2003)

08/13/2003

29 ORDER, That Parties are to Show Cause before 8/20/03, for failure to file the second partial consent decree, as ordered by Judge McLaughlin on 7/24/03 ( signed by Magistrate Judge Susan P. Baxter on 8/13/03 ) CM all parties of record. (nk) Modified on 08/13/2003 (Entered: 08/13/2003)

08/14/2003

30 ORDER dismissing as moot [27-1] joint motion for adoption of report and recommendation concerning statute of limitations for injunctive relief ( signed by Judge Sean J. McLaughlin on 8/14/03 ) CM all parties of record. (nk) (Entered: 08/14/2003)

08/18/2003

31 JOINT MOTION and BRIEF IN SUPPORT by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY for entry of second consent decree and partial settlement with Proposed Order. (nk) Modified on 08/20/2003 (Entered: 08/18/2003)

09/08/2003

32 ORDER, That Defendant, City of Erie is to Show Cause befor September 19, 2003 for failure to file a second partial consent decree signed by the City, as Ordered by Judge McLaughlin on 7/24/03 ( signed by Magistrate Judge Susan P. Baxter on 9/8/03 ) CM all parties of record. (nk) (Entered: 09/08/2003)

09/10/2003 33 Certification regarding second consent decree and partial settlement (nk) (Entered: 09/10/2003)

09/16/2003

ORDER upon motion granting [31-1] joint motion for entry of second consent decree and partial settlement ( signed by Judge Sean J. McLaughlin on 9/12/03 ) CM all parties of record. (nk) (Entered: 09/17/2003)

01/14/2004

34 Status Conference held on 1/14/04 at 1:35 p.m. before Magistrate Judge Susan P. Baxter [ Reporter: 1/14/04 ] Third Consent Decree due by 2/13/04. Status Conference set for 11/3/04 (nk) (Entered: 01/15/2004)

03/11/2004 35 THIRD CONSENT DECREE by CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 03/12/2004)

04/01/2004 36 THIRD CONSENT DECREE by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN with proposed order. (nk) (Entered: 04/01/2004)

04/29/2004

ORDER upon motion granting [36-1] decree consent ( signed by Judge Sean J. McLaughlin on 4/29/04 ) CM all parties of record. (nk) (Entered: 04/29/2004)

10/26/2004

37 Notice of Status Conference rescheduled for 1:30 p.m. on 11/10/04 before the Honorable Susan Paradise Baxter in Room A280, United States Courthouse, Erie, PA (nk) (Entered: 10/26/2004)

11/12/2004 38 Status Conference held on 11/10/04 at 1:40 p.m. before Magistrate Judge Susan P. Baxter [ Reporter: Sonya Hoffman ] Consent Decree to be filed by Wednesday, 11/24/04 (nk) (Entered: 11/15/2004)

12/17/2004

39 CONSENT to trial before Magistrate by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 12/17/2004)

12/22/2004

ORDER upon motion granting [39-1] Magistrate trial ( signed by Judge Sean J. McLaughlin on 12/22/04 ) CM all parties of record. (nk) (Entered: 12/23/2004)

12/22/2004

CASE assigned to Magistrate Judge Susan P. Baxter (nk) (Entered: 12/23/2004)

12/22/2004

CASE NO LONGER REFERRED TO Magistrate Judge Susan P. Baxter (nk) (Entered: 12/23/2004)

12/23/2004

40 CONSENT DECREE by BARRIER BUSTERS, SHONA EAKIN, MICHAEL EAKIN, MARY ANN PARSNIK, CAROLYN CREHAN, CITY OF ERIE, PENNSY with proposed order. (nk) (Entered: 12/27/2004)

02/02/2005

ORDER upon motion granting [40-1] decree consent ( signed by Magistrate Judge Susan P. Baxter on 1/31/05 ) CM all parties of record. (nk) (Entered: 02/02/2005)

03/11/2005

41 Fairness Hearing Held on 3/11/05 at 10:05 a.m. before th Honorable U.S. Magistrate Judge Susan Paradise Baxter [ Reporter: Ron Bench] No objections to settlement; Court rules from the Bench that class action settlement is approved; Clerk is directed to Close this Case. (nk) (Entered: 03/11/2005)

03/11/2005

Case closed (nk) (Entered: 03/11/2005)

09/27/2011 42 STIPULATION Of All Parties For Entry of Court Order by BARRIER BUSTERS. (Markham, Craig) (Entered: 09/27/2011)

10/04/2011 43 Proposed Order re 42 Stipulation by BARRIER BUSTERS. (Markham, Craig) (Entered: 10/04/2011)

10/04/2011

44 ORDER, that upon consideration of the Stipulated Order Regarding Interpretation among Plaintiffs and Defendant City of Erie 42 , the Stipulated Order is hereby approved, accepted and entered. Signed by Judge Susan Paradise Baxter on 10/4/11. (lrw) (Entered: 10/04/2011)

10/13/2011

45 CERTIFICATE of Compliance re 43 Proposed Order Notice of Filing Reports by Gerald J. Villella on behalf of CITY OF ERIE, PENNSYLVANIA (Villella, Gerald) Modified on 10/17/2011 DVD stored at Clerks Office dm) (Entered: 10/13/2011)

02/14/2012

46 CONSENT DECREE by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) Modified on 2/16/2012 removed from public view; document refiled at 48 per attorney (Entered: 02/14/2012)

02/14/2012 47 NOTICE of Filing of Executive Summary 2011 Curb Report by CITY OF ERIE, PENNSYLVANIA re 46 Consent Decree (Villella, Gerald) (Entered: 02/14/2012)

02/14/2012 48 NOTICE of FIling 2011 Curb Report-Full by CITY OF ERIE, PENNSYLVANIA (Villella, Gerald) (Entered: 02/14/2012)

02/15/2012

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 46 Consent Decree. ERROR: Incorrect document attached. CORRECTION: Attorney advised to refile the document, using the Errata event and attach the correct document. This message is for informational purposes only. (dm) (Entered: 02/15/2012)

07/25/2012

TEXT ORDER, at the request of the parties, a Status Conference has been set for 7/26/2012 11:30 AM before Magistrate Judge Susan Paradise Baxter. Signed by Magistrate Judge Susan Paradise Baxter on 7/25/12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 07/25/2012)

07/26/2012

49 Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Status Conference held on 7/26/2012. Parties are working to identify non-compliance, and intend to enter a further Consent Decree. (Court Reporter: Ron Bench) (lrw) (Entered: 07/26/2012)

08/31/2012

50 CONSENT DECREE by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit one, # 2 Exhibit two, # 3 Exhibit three) (Markham, Craig) (Entered: 08/31/2012)

02/22/2013 51 NOTICE Of Filing 2012 Progress Report by CITY OF ERIE, PENNSYLVANIA (Villella, Gerald) (Entered: 02/22/2013)

04/17/2013

52 SETTLEMENT AGREEMENT Third Stipulated Order filed by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 04/17/2013)

04/18/2013

53 ORDER, upon consideration of the Third Stipulated Order Among Plaintiffs and Defendant, City of Erie, the Stipulated Order is hereby approved, accepted and entered. The Court retains jurisdiction to enforce this Third Stipulated Order. Signed by Magistrate Judge Susan Paradise Baxter on 4/18/13. (lrw) (Entered: 04/18/2013)

01/31/2014 54 STATUS REPORT 2013 Curb Ramps by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 01/31/2014)

05/22/2014

55 STIPULATION Amended Third Stipulated Order by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Proposed Order) (Markham, Craig) (Entered: 05/22/2014)

06/27/2014

56 ORDER re 55 Stipulation filed by MICHAEL EAKIN, CAROLYN CREHAN, SHONA EAKIN, MARY ANN PARSNIK, BARRIER BUSTERS; that the Amended Third Stipulated Order is approved, accepted and entered. The court retains jurisdiction to enforce this Amended Third Stipulated Order. Signed by Magistrate Judge Susan Paradise Baxter on 6/26/14. (lrw) (Entered: 06/27/2014)

02/05/2015 57 STATUS REPORT 2014 Curb Ramp Report by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 02/05/2015)

03/11/2015

58 MOTION to Enforce Consent Decrees filed by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order) (Markham, Craig) (Entered: 03/11/2015)

03/11/2015

59 EXHIBITS D of Document 58 in Support by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit D) (Markham, Craig) (Entered: 03/11/2015)

03/12/2015

60 TEXT ORDER Response/Briefing Schedule re 58 Motion to Enforce: Response to Motion due by 3/26/2015. Signed by Magistrate Judge Susan Paradise Baxter on 3/12/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/12/2015)

03/26/2015

61 REPLY to Response to Motion re 58 Motion to Enforce Consent Decrees filed by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit DOJ/DOT July 2013 Joint Technical Assistance) (Villella, Gerald) Modified on 3/26/2015 removed from public view; refiled at 62 (dm) (Entered: 03/26/2015)

03/26/2015 62 RESPONSE to Motion re 58 MOTION to Enforce Consent Decrees filed filed by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit) (dm) (Entered: 03/26/2015)

03/26/2015

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 61 Reply to Response to Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as Response to Motion. This message is for informational purposes only. (dm) (Entered: 03/26/2015)

03/31/2015

63 TEXT ORDER Setting Hearing on Motion 58 MOTION to Enforce Consent Decrees: Motion Hearing set for 5/7/2015 10:00 AM in Courtroom B - Erie before Magistrate Judge Susan Paradise Baxter. Signed by Magistrate Judge Susan Paradise Baxter on 3/31/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 03/31/2015)

04/21/2015

64 BRIEF in Support re 58 Motion to Enforce Consent Decrees filed by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Markham, Craig) (Entered: 04/21/2015)

04/22/2015

65 TEXT ORDER Response/Briefing Schedule re 64 Brief in Support of Motion. Response due by 5/4/2015. Signed by Magistrate Judge Susan Paradise Baxter on 4/22/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 04/22/2015)

05/04/2015 66 REPLY BRIEF In Response to Plaintiffs filed by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 05/04/2015)

05/07/2015

67 Minute Entry for proceedings held before Magistrate Judge Susan Paradise Baxter: Motion Hearing held on 5/7/2015 re 58 MOTION to Enforce Consent Decrees filed by MICHAEL EAKIN, CAROLYN CREHAN, SHONA EAKIN, MARY ANN PARSNIK, BARRIER BUSTERS. Case remains closed. Argument on motion to enforce taken under advisement. (Court Reporter: Ron Bench) (Attachments: # 1 Exhibit E Partial Consent Decree filed 2/11/2003, # 2 Exhibit F Second Consent Decree dated July 2003, # 3 Exhibit G Third Consent Decree dated April 2004, # 4 Exhibit H Fourth and Final Consent Decree filed February 2005) (lrw) (Entered: 05/07/2015)

05/08/2015

68 TEXT ORDER. Parties may file supplemental briefs by May 15, 2015. Signed by Magistrate Judge Susan Paradise Baxter on 5/8/2015. Textonly entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (css) (Entered: 05/08/2015)

05/15/2015

69 TEXT ORDER. The parties have advised the Court that they are engaging in settlement discussions on the pending motion to enforce. The deadline for filing supplemental briefs on that motion is hereby extended until May 29, 2015. Signed by Magistrate Judge Susan Paradise Baxter on 5/15/2015. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (css) (Entered: 05/15/2015)

05/26/2015

70 CONSENT DECREE by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2- illustration A, # 3 Exhibit 3illustration B, # 4 Exhibit 4-illustration C, # 5 Proposed Order) (Markham, Craig) (Entered: 05/26/2015)

05/26/2015

71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/7/2015 before Judge Susan Paradise Baxter. Court Reporter/Transcriber Ronald Bench, Telephone number 814-464-9613. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter/transcriber or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 6/2/2015. Redaction Request due 6/16/2015. Redacted Transcript Deadline set for 6/26/2015. Release of Transcript Restriction set for 8/24/2015. (dm) (Entered: 05/26/2015)

05/27/2015

72 ORDER that the Fifth Consent Decree is approved, accepted and entered. The court retains jurisdiction to enforce this Fifth Consent Decree. Signed by Magistrate Judge Susan Paradise Baxter on 5/27/15. (lrw) (Entered: 05/27/2015)

05/28/2015

73 TEXT ORDER dismissing as moot 58 Motion to Enforce, in light of the filing of the 72 consent decree. Signed by Magistrate Judge Susan Paradise Baxter on 5/28/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 05/28/2015)

11/17/2015

74 Addendum by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK in Support of 70 Consent Decree. (Attachments: # 1 Exhibit T listing) (Markham, Craig) (Entered: 11/17/2015)

11/20/2015 75 Approved Fifth Consent Decree. Signed by Magistrate Judge Susan Paradise Baxter on 11/20/15. (lrw) (Entered: 11/20/2015)

02/05/2016 76 STATUS REPORT 2015 Curb Ramps by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 02/05/2016)

06/05/2017 77 STATUS REPORT CURB RAMPS 6-1-2017 by CITY OF ERIE, PENNSYLVANIA. (Villella, Gerald) (Entered: 06/05/2017)

12/01/2017 78 NOTICE of Filing Annual Report by CITY OF ERIE, PENNSYLVANIA (Attachments: # 1 Exhibit, # 2 Certificate of Mailing) (Karle, Gregory) (Entered: 12/01/2017)

12/29/2017 79 MOTION to Withdraw as Attorney and Substitute Counsel by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 certificate of mailing) (Karle, Gregory) (Entered: 12/29/2017)

12/29/2017

80 MOTION to Withdraw as Attorney and Substitute Counsel by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Certificate of Mailing) (Villella, Gerald) (Entered: 12/29/2017)

01/02/2018

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 80 Motion to Withdraw as Attorney, 79 Motion to Withdraw as Attorney. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (dm) (Entered: 01/02/2018)

02/01/2018 81 NOTICE OF FILING 2017 PROGRESS REPORT by CITY OF ERIE, PENNSYLVANIA (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Zak, Kenneth) (Entered: 02/01/2018)

04/26/2018 82 NOTICE of Appearance by Catherine Moodey Doyle on behalf of CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Certificate of Service) (Doyle, Catherine) (Entered: 04/26/2018)

04/26/2018 83 SUPPLEMENT by CITY OF ERIE, PENNSYLVANIA to 81 Notice. (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Doyle, Catherine) (Entered: 04/26/2018)

04/26/2018

84 TEXT ORDER granting 79 Motion to Withdraw as Attorney; granting 80 Motion to Withdraw as Attorney. Attorney Gregory A. Karle and Gerald J. Villella terminated. Signed by Magistrate Judge Susan Paradise Baxter on 4/26/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lrw) (Entered: 04/26/2018)

09/21/2018

85 STIPULATION and Proposed Order by BARRIER BUSTERS, CAROLYN CREHAN, MICHAEL EAKIN, SHONA EAKIN, MARY ANN PARSNIK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order) (Markham, Craig) (Entered: 09/21/2018)

09/26/2018

86 STIPULATION AND ORDER: Upon consideration of the Fourth Stipulated Order Among Plaintiffs and Defendant, City of Erie, it is hereby ORDERED, ADJUDGED and DECREED that the Fourth Stipulated Order is approved, accepted and entered. The court retains

jurisdiction to enforce this Fourth Stipulated Order Signed by Judge Susan Paradise Baxter on 9/26/18. (lrw) (Entered: 09/26/2018)

01/31/2019

87 STATUS REPORT Notice of Filing Annual Report by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit) (Doyle, Catherine) (Entered: 01/31/2019)

01/31/2020 88 NOTICE of Filing Annual Report by CITY OF ERIE, PENNSYLVANIA (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Doyle, Catherine) (Entered: 01/31/2020)

07/27/2020

89 SUPPLEMENT by CITY OF ERIE, PENNSYLVANIA to 88 Notice of Filing Annual Report . (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Doyle, Catherine) Modified on 7/28/2020 to add text to entry (jv). (Entered: 07/27/2020)

02/02/2021

90 STATUS REPORT 2020 Annual Report by CITY OF ERIE, PENNSYLVANIA. (Attachments: # 1 Exhibit, # 2 Certificate of Service) (Doyle, Catherine) (Entered: 02/02/2021)

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 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BARRIER BUSTERS, et al., Plaintiffs,
v.
CITY OF ERIE, PENNSYLVANIA Defendants.

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CASE No.: 02-203 E

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UNITED STATES' MEMORANDUM IN SUPPORT OF ITS MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE AND MEMORANDUM IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO
DEFENDANTS’ MOTION TO RESTRICT PLAINTIFFS’ ACTION TO A TWO-YEAR PRE-FILING PERIOD

Introduction

Municipalities violate title II of the Americans with Disabilities Act when they fail to

install curb ramps during street and sidewalk construction and alteration. In this case, plaintiffs

allege, and defendant admits, that numerous violations have occurred over several years, both

before and after the expiration of the statute of limitations. Although curbs without ramps present

a permanent barrier and safety hazard to people with disabilities, the City of Erie maintains that it

should be relieved of any obligation to correct curbs that were installed outside the two year

statute of limitations. Plaintiffs maintain that defendant should not be relieved of its obligation

to correct these curbs because these violations are related and constitute a continuing violation of

the Americans with Disabilities Act.

The United States submits this memorandum in support of its Motion for Leave to
Participate as amicus curiae and in support of plaintiffs’ opposition to defendant’s Motion to
Restrict Plaintiffs’ Action to a Two-Year Filing Period. For the reasons set forth below, the
United States requests the Court to grant its motion to participate as amicus curiae and to deny
the defendant’s motion.
Background
The ADA requires all public entities to install curb ramps at intersections where road
construction and alterations are done and to ensure that all curbs installed after January 26, 1992, are accessible to and usable by persons with disabilities. 28 C.F.R. § 35.151(b) and (e).1 On
June 26, 2002, plaintiffs brought this suit to challenge the City of Erie’s practice of constructing,
or altering city streets and sidewalks without installing accessible curb ramps at affected
intersections. In its Answer, the city admits that, since 1992, it has not completed “thousands of
curb ramps” and has constructed others that do not comply with regulatory standards. Answer at
para. 4. Notwithstanding this admission, the city has now filed a motion in which it argues that
1 28 C.F.R. 35. 151(b) states that “each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities.” Facility is defined to include walks and passageways. 28 C.F.R. 35.104. 35.151(e) states: “Newly constructed or altered streets, roads and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.”
The Court of Appeals for the Third Circuit, in Kinney v. Yerusalim, 9 F.3d 1067, 1075 (3d Cir.1993), cert. denied sub nom., Hoskins v. Kinney, 511 U.S. 1033, 114 S.Ct. 1545, 128 L.Ed.2d 196 (1994) held that the resurfacing of the city streets can be an alteration within the meaning of 28 C.F.R. 35.151(b) and thus must be accompanied by the installation of curb ramps under 28 C.F.R. 35.151(e).
2

plaintiffs’ claims for acts occurring before June 26, 2000 are time barred because they fall outside the two year statute of limitations period.2 The city thus seeks to have the Court relieve
it of its obligation to install or correct those curbs where violations occurred between January 26,
1992, when the ADA went into effect, and June 26, 2000. Defendant’s Motion at 2.
Argument
I. The United States Should be Permitted to Participate as Amicus Curiae in this Action
Title II of the ADA, 42 U.S.C. 12132, prohibits discrimination on the basis of disability
by public entities. One of the purposes of the Act is “to ensure that the Federal Government plays
a central role in enforcing the standards established in this Act on behalf of individuals with
disabilities.” 42 U.S.C. 12101(b)(3). As part of this responsibility, the Department of Justice has,
pursuant to statutory directive, 42 U.S.C. § 12134(a), promulgated the regulation implementing
title II, found at 28 C.F.R. Pt. 35. The United States has a strong interest in ensuring that the case
law developed in private litigation is consistent with its interpretation of the statute and the
Department of Justice's regulation.
The United States believes that this case raises an important issue: the ability of private
litigants to enforce state or local governments’ obligation to construct curb ramps. The ADA
2 Title II does not include a statute of limitations for private actions. Therefore, the court must look to state law and apply the statute of limitations for the most analogous state law claim unless doing so would be inconsistent with federal law. See Goodman v. Lukens Steel Co., 482 U.S. 656, 660-64 (1987). The parties in the lawsuit agree that in Pennsylvania the applicable statute of limitations is the two year limitations period for personal injury. See, e.g., Estrada v. Trager, 2002 WL 31053819 (E.D. Pa. 2002)(two year statute of limitations for personal injury claims applies to ADA and Section 504). See also Cowell v. Palmer Township, 263 F.3d 286 (3d Cir. 2001) (same for actions brought under Section 1983). The United States takes no position with respect to the correct statute of limitations that is applicable to this case.
3

requires all public entities to install curb ramps at intersections where road construction and
alterations are done and to ensure that all curbs installed after January 26, 1992, are accessible to
and usable by persons with disabilities. 28 C.F.R. § 35.151(b) and (e). The attention to curb
ramps in the regulations reflects their importance in ensuring that individuals with mobility
impairments will be able to travel through cities safely and independently. The Court of Appeals
in Kinney has emphasized how critical curb ramps are to the citizens of Pennsylvania:
The lack of curb cuts is a primary obstacle to the smooth integration of those with disabilities into the commerce of daily life. Without curb cuts, people with ambulatory disabilities simply cannot navigate the city; activities that are commonplace to those who are fully ambulatory become frustrating and dangerous endeavors. At present, people using wheelchairs must often make the Hobson's choice between traveling in the streets--with cars and buses and trucks and bicycles--and traveling over uncut curbs which, even when possible, may result in the wheelchair becoming stuck or overturning, with injury to both passenger and chair.
Kinney, 9 F.3d at 1069.
The city asserts that it should be relieved of its obligation to install or correct curbs where
the construction or alteration occurred prior to the statute of limitations, even though the lack of
curb ramps creates an ongoing barrier to access to persons with disabilities. This case will be the
first case in this Circuit addressing this important issue and may affect many future cases alleging
violations of title II of the ADA. We have previously participated as amicus curiae in Deck v.
City of Toledo, 56 F. Supp. 2d 886 (N.D. Ohio W.D. 1999), in which the city of Toledo raised
the defense Erie seeks to raise here. The Court in City of Toledo rejected the city’s argument that
acts occurring outside the limitations period were time barred. 56 F. Supp. 2d at 893-94.
This case has considerable importance for private enforcement of the ADA. The
Department of Justice has limited resources and cannot address every violation of title II of the
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ADA; private litigation is an integral component of effective enforcement of the ADA. See, e.g., Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205, 210 (1972) (where Attorney General’s ability to enforce civil rights law is limited, “main generating force must be private suits in which complainants act not only on their own behalf but also as private attorneys general in vindicating a policy that Congress considered to be of the highest priority.”). It is important that private litigants not be unduly limited in the relief they can achieve.
Given the strong interest of the United States in effective enforcement of the ADA and the importance of this case to other private litigation under the ADA, the United States requests that its motion for leave to participate as amicus curiae on all issues relating to the ADA be granted. II. The Defendant’s Action Represents a Continuing Violation of the ADA
Plaintiffs allege that curb cuts were not installed, or were not installed correctly, at intersections constructed or altered by the City of Erie between 1992 and 2002. Complaint at paras. 11- 17. The city admits that it has failed to complete “thousands of curb ramps” and that others are in need of repair or do not meet regulatory standards. Answer at para. 4. This pattern of repeated and related violations constitutes a continuing violation; plaintiffs’ cause of action would not be time-barred so long as at least one of the violations occurred within the statute of limitations.
In Havens Realty Corporation v. Coleman, plaintiffs alleged “racial steering” in a suit under the Fair Housing Act. Although only one of the five alleged incidents was timely, the Supreme Court held that all of the incidents were actionable. The Court explained,
5

We agree with the Court of Appeals that for purposes of § 812(a), a “continuing violation” of the Fair Housing Act should be treated differently from one discrete act of discrimination. Statutes of limitations such as that contained in § 812(a) are intended to keep stale claims out of the courts. Where the challenged violation is a continuing one, the staleness concern disappears. Havens Realty Corp. v. Coleman, 455 U.S. 363, 380 (1982). Thus, “ where a plaintiff challenges not just one incident of conduct violative of the Act, but an unlawful practice that continues into the limitations period,” the complaint is timely.” Id. at 381. (emphasis added). The Court of Appeals for the Third Circuit recognizes the continuing violation doctrine. The court held in Cowell v. Palmer Township, 263 F.3d 286 (3d Cir. 2001): when a defendant’s conduct is part of a continuing practice, an action is timely so long as the last act evidencing the continuing practice falls within the limitations period; in such an instance, the court will grant relief for the earlier related acts that would otherwise be time barred. (Emphasis added) Cowell, 263 F.3d at 292, citing Brenner v. Local 514, United Bhd of Carpenters and Joiners of Am, 927 F. 2d 1283, 1295 (3d Cir. 1991). In Cowell, the Court set forth three factors that must be considered in determining whether there has been a continuing violation: “(1) subject matter whether the violations constitute the same type of discrimination, tending to connect them in a continuing violation; (2) frequency - whether the acts are recurring or more in the nature of isolated incidences; and (3) degree of permanence - whether the act had a degree of permanence which should trigger the plaintiff’s awareness of and duty to assert his/her rights and whether the consequences of the act would continue even in the absence of a continuing intent to discriminate.” Id. All three factors are present here. The first two factors are met because road and sidewalk repairs have been on-going for ten years; the attendant failure to install curb cuts, or to
6

install them correctly, is the same violation repeated year after year. See, e.g., Brenner, 927 F.2d 1283 (NLRA)(3d Cir. 1991)(claim that union retaliated against certain members for 13 years, including during the limitations period, by refusing to refer them for jobs, is “continuing course of conduct” that is not time barred); Wright v. O’Hara, 2002 WL 1870479 (E.D. Pa. 2002) (harassment of prisoner over period of years not time barred where some harassment occurred in limitations period). See also Deck v. City of Toledo, 56 F. Supp. 2d 886, 893-94 (N.D. Ohio W.D. 1999) (numerous failures to properly construct curb ramps, including violations in the limitations period, constitute continuing violation). With regard to the third factor, the process of altering roads is not a discrete act that will trigger an awareness in a citizen that he must take legal action. In a city such as Erie, there are hundreds, if not thousands, of roads, and unless a citizen happens to observe the road crew, it is impossible to know whether – or when – a city street was altered. Indeed, to hold that each construction or alteration is an isolated incident that triggered the statute of limitations, would create an absurd result, effectively placing the burden on plaintiffs to follow road crews around to make sure they were properly installing curb ramps. Such a reading would allow the city to benefit from years of knowing, discriminatory policies and practices.
To hold that the city’s on-going practice of failing to install curb ramps is a continuing violation is fully consistent with Brenner, where the Court of Appeals for the Third Circuit held that there was a continuing violation when a labor union refused to refer certain union members for jobs. The practice continued from 1979-86, with many of the incidents occurring outside the limitations period. The court did not view each failure to refer as an isolated incident. Instead, the court held “the allegation of a continuing course of conduct constituting a violation of the
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union’s duty of fair representation is sufficient to warrant the application of the continuing violation theory to plaintiffs’ claims.” 927 F.2d at 1296.
Applying Brenner to the City of Erie’s repeated failure to construct curb ramps, demonstrates that the continuing violation doctrine is warranted here. As in Brenner, the plaintiffs’ claims allege a “continuing course of conduct” that recurred over a long period of time: the City of Erie has continually violated the alterations and new construction requirements of title II by failing to install curb cuts (or installing them incorrectly) when the city did construction or alteration on roads and sidewalks. These same violations allegedly occurred both before and after the date on which the individual claims may have ordinarily been time-barred. As such, they represent a continuing violation and none of these claims are barred by the applicable statute of limitations.
The continuing violation theory also supports the broad remedial purpose of the ADA. In Havens Realty Corporation, the Court noted that:
Petitioners’ wooden application of [the statute of limitations], which ignores the continuing nature of the alleged violation, only undermines the broad remedial intent of Congress embodied in the [Fair Housing] Act. 455 U.S. at 380. Similarly, when a municipality regularly constructs inaccessible curbs, it would frustrate the purpose of title II of the ADA to require persons with disabilities to constantly monitor local street resurfacing projects and then bring suit for each violation independently in order to satisfy the statute of limitations. This difficulty this would impose on persons with disabilities would be compounded by the fact that information about street improvement projects may not be readily
8

available to the public, and, as in this instance, available only from the entity which seeks to evade its legal obligation.
Recognizing the continuing violation theory is important here because title II is broad remedial legislation designed to correct a long history of discrimination by public entities. In enacting the predecessor of title II, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, Congress recognized that society has historically discriminated against people with disabilities. The sponsors of that legislation condemned the "invisibility of the handicapped in America," and introduced bills responding to the country's "shameful oversights" that caused individuals with disabilities to live among society "shunted aside, hidden, and ignored." Alexander v. Choate, 469 U.S. 287, 296 (1985). Almost twenty years later, Congress recognized that the Rehabilitation Act had not met the "compelling need ... for the integration of persons with disabilities into the economic and social mainstream of American life," S. Rep. No. 116, 101st Cong., 1st Sess. 20 (1989), and enacted the ADA "to continue to break down barriers to the integrated participation of people with disabilities in all aspects of community life." H.R. Rep. No. 485 (III), 101st Cong., 2d Sess. 49-50 (1990), reprinted in 1990 U.S.C.C.A.N. 445, 472-473.
The need for remedial legislation is particularly important when basic physical access is at issue. Without a curb cut, a person with a mobility impairment may be simply unable to access the adjoining sidewalk and may be denied any goods and services provided in that space. Lack of curb cuts may also present a serious safety hazard to a person with a mobility impairment who cannot seek refuge from vehicular traffic by accessing a sidewalk. The legislative history of the ADA supports the proposition that the elimination of architectural barriers such as curbs is among the most basic and fundamental purposes of the statute. The House Education and Labor
9

Committee report recognized that "[t]he employment, transportation, and public accommodation sections of [the ADA] would be meaningless if people who use wheelchairs were not afforded the opportunity to travel on and between the streets." H. R. Rep. No. 485, 101st Cong., 2d Sess., pt. 2 at 84 (1990).3 Accordingly, "local and state governments are required to provide curb cuts on public streets." Id. Accord Kinney, 9 F.3d at 1069 and supra at 4 (“lack of curb cuts is a primary obstacle to the smooth integration of those with disabilities into the commerce of daily life”). This laudable legislative purpose is undermined where, as here, state and local governments could disregard their obligation to build accessible curbs – and get away with it – unless their efforts were continually monitored by persons with disabilities who were prepared to run into court after each violation.
The United States believes that these important public policy concerns strongly counsel for recognizing a continuing violation exception to a statute of limitations defense where, as here, the city has failed, year after year, to install curb ramps.
3 The installation of curb ramps is important not only for persons in wheelchairs but also for ambulatory persons with mobility impairments, such as those who use walkers and crutches.
10

Conclusion
For the foregoing reasons, the United States respectfully urges the Court to grant its
Motion for Leave to Participate as Amicus Curiae and to deny defendant’s motion to limit relief
only for those acts that occurred since June 26, 2000.
JOHN ASHCROFT Attorney General
RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division
MARY BETH BUCHANAN United States Attorney Western District of Pennsylvania
JESSICA LIEBER SMOLAR Assistant United States Attorney Western District of Pennsylvania 633 U.S. Post Office and Courthouse Pittsburgh, PA 15219 (412) 644-5890 PA ID No. 65406
________________________ JOHN L. WODATCH, Chief, PHILIP L. BREEN, Special Legal Counsel ALLISON J. NICHOL LAURA F. EINSTEIN United States Department of Justice Civil Rights Division -NYA 950 Pennsylvania Avenue NW Washington, DC 20005 (202) 514-9583 (Einstein)
11