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Reiskin et al. v. RTD, 14-cv-03111-CMA-KLM
Citation
Reiskin, et al. v. RTD, 14-cv-03111-CMA-KLM
Issues
Plaintiffs alleged RTD light rail trains do not provide the required space to allow at least two persons using a wheelchair or other mobility aid to access the train and have sufficient room to ride the train without interfering with the maneuvering space of others getting on and off the train.
The Department of Transportation regulations require that each light rail train have at least two wheelchair locations that provide 30″ x 48″ of clear floor space, which does not unduly restrict passenger flow. See 49 C.F.R. § 38.83.
On November 18, 2014, CCDC and four of its members who use wheelchairs filed a class-action complaint, seeking to get the Court to order RTD to provide the required 30″ x 48″ clear floor space for at least two passengers who use wheelchairs or mobility aids that also allows for maneuvering space for other passengers.
On November 14, 2016, the Parties requested the Court to certify the class and approve the settlement agreement. The Court issued its Preliminary Approval Order on April 3, 2017. For the full settlement agreement, see Exhibit 1 to the Unopposed Motion for Certification of a Class for Settlement Purposes Only and Preliminary Approval of Class Settlement Agreement.
The documents below explain what occurred in the case.
Status
On July 10, 2017, the Court granted Plaintiffs’ Unopposed Motion for Final Approval of Class Action Settlement Agreement. At long last, we have reached a settlement agreement in this case that has been approved by the Court. Please watch for upcoming information concerning what to do if you have a complaint about any of RTD’s services (light rail, fixed route bus, commuter rail, Access-a-Ride or any other accessibility issues related to RTD services). It is very important that you follow the complaint procedure carefully. Thank you all for bringing this important case.
Available Document
- 2014.11.18 #1 Class Action Complaint, #1 Class Action Complaint
- 2015.02.06 #19 Motion to Dismiss, #19 RTD Motion to Dismiss
- 2015.02.06 #20 Answer and Counterclaim, #20 RTD Answer and Counterclaim
- 2015.02.17 #22 Plaintiffs' Motion for Leave to File Amended Class Action Complaint, #22 Motion for Leave to Amend Complaint
- 2015.02.19 #29 Order, #29 Order re Mtn to File Amended Class Action Complaint
- 2015.02.19 #30 Amended Class Action Complaint, #30 Amended Class Action Complaint
- 2015.03.04 #39 RTD Motion for Partial Dismissal, #39 RTD Motion for Partial Dismissal
- 2015.03.05 #41 RTD's Motion to Stay Discovery, #41 RTD's Motion to Stay Discovery
- 2015.03.10 #43 Motion for Leave to File Second Amended Class Action Complaint, #43 Motion for Leave to File Second Amended Class Action Complaint
- 2015.03.25 #47 Response to Motion for Partial Dismissal, #47 Plaintiffs' Response to Motion for Partial Dismissal
- 2015.03.26 #50 Response to RTD's Motion to Stay Discovery, #50 Plaintiffs' Response to RTD's Motion to Stay Discovery
- 2015.04.08 #51 Defendants Reply in Support of Motion for Partial Dismissal, #51 Defendant Reply in Support of Mtn for Partial Dismissal
- 2015.05.21 #55 Second Amended Class Action Complaint, #55 Second Amended Class Action Complaint
- 2015.05.21 Order Granting Leave to File Second Amended Complaint and Denying Defendant's Motions as Moot, #54 Order Granting Pls' Mtn for Leave to File Second Amended Complaint and Denying Dft Mtns as Moot
- 2015.06.19 #65 Third Amended Class Action Complaint , #65 Third Amended Class Action Complaint
- 2015.06.29 #67 Dft Mtn for Summary Judgment, #67 Dft Motion for Summary Judgment
- 2015.06.30 #69 Dft Answer to 3rd Amended Cpt, #69 Dft Answer to 3rd Amended Complaint
- 2015.07.09 #71 Pls' Cross-Mtn for Summary Judgment, #71 Pls' Cross-Mtn for Summary Judgment
- 2015.11.09 #101 RTD Response to Pls' Mtn for Summary Judgment, 2015.11.09 #101 RTD Response to Pls' Mtn for Summary Judgment [#82]
- 2015.12.27 #104 Pls' Mtn to Strike Expert Witness , 2015.12.27 #104 Pls' Mtn to Strike Expert Witness
- 2015.12.27 #105 Pls' Mtn for Declaratory Judgment, 2015.12.27 #105 Pls' Mtn for Declaratory Judgment
- 2015.12.29 #107 Pls' Reply in Support of Mtn for Summary Judgment, 2015.12.29 #107 Pls' Reply Brief In Support of Mtn for Summary Judgment
- 2016.02.23 #123 Order, 2016.02.23 #123 Order
- Final RTD - Light Rail Settlement Agreement (with exhibits), 2016-10-31_ccdc_v._rtd_settlement_executed_by_rtd_with_exhibits_and_attached_email_with_counsel_signatures_regarding_citation-1.pdf
- Motion for Certification of a Class for Settlement Purposes Only and Preliminary Approval of Class Settlement Agreement, 2016.11.14_151_mtn_to_certify_class_and_prelim_approval_of_settlement_agreement.pdf
- Exhibit 1 - Class Settlement Agreement and Exhibits, 2016.11.14_151-1_ex._1_class_settlement_agreement_and_exhibits.pdf
- Exhibit 2 - Kevin Williams Declaration, 2016.11.14_151-2_ex._2_kw_declaration.pdf
- Exhibit 3 - Andrew Montoya Declaration , 2016.11.14_151-3_ex._3_am_delcaration.pdf
- Preliminary Approval Order, 2017.04.03_155_prelim_approval_order.pdf
- Press Release, reiskin-rtd_class_settlement_-_joint_press_release_-_final_4.26.17.pdf
- Motion for Attorneys' Fees, 2017.06.09_156_mtn_for_atty_fees.pdf
- Motion for Final Approval, 2017.06.26_157_mtn_for_final_approval.pdf
- Notice of Class Settlement Agreement, posted_and_website_notice_-_final_4.10.17.pdf
- Order Granting Final Approval,
- Order Granting Motion for Attorneys' Fees and Costs,
- Final Approval Transcript,
Media Coverage
- November 19, 2014, Colorado Public Radio RTD Light Rail Discriminates Against People In Wheelchairs, Federal Lawsuit Says
- November 19, 2014, Denver Post RTD light rail violates federal disability act, group says in lawsuit
- April 26, 2017, Denver Post RTD removing seats to improve wheelchair maneuverability on light rail cars
- July 12, 2017, Denver 9 News RTD altering light rail trains to make them more wheelchair accessible following lawsuit
- July 13, 2017, Denver 9 News RTD settles disability lawsuit
- October 11, 2017, CBS 4 Denver Settlement Prompts Changes To RTD Light Rail Trains
- October 11, 2017, CBS 4 Denver RTD Makes Big Changes To Its Light Rail Trains After Settlement