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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 wheelchairs or other mobility aids 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.
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 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 Class Action Complaint, #1 Class Action Complaint
- 2015.02.06 RTD Motion to Dismiss, #19 Motion to Dismiss
- 2015.02.06 RTD Answer and Counterclaim, #20 Answer and Counterclaim
- 2015.02.17 Plaintiffs' Motion for Leave to File Amended Class Action Complaint, #22 Motion for Leave to Amend Complaint
- 2015.02.19 Order, #29 Order re Motion to File Amended Class Action Complaint
- 2015.02.19 Amended Class Action Complaint, #30 Amended Class Action Complaint
- 2015.03.04 RTD Motion for Partial Dismissal, #39 Motion for Partial Dismissal
- 2015.03.05 RTD's Motion to Stay Discovery, #41 Motion to Stay Discovery
- 2015.03.10 Motion for Leave to File Second Amended Class Action Complaint, #43 Motion for Leave to File Second Amended Class Action Complaint
- 2015.03.25 Response to Motion for Partial Dismissal, #47 Response to Motion for Partial Dismissal
- 2015.03.26 Response to RTD's Motion to Stay Discovery, #50 Response to RTD's Motion to Stay Discovery
- 2015.04.08 RTD's Reply in Support of Motion for Partial Dismissal, #51 Reply in Support of Motion for Partial Dismissal
- 2015.05.21 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 Plaintiffs' Motion for Leave to File Second Amended Complaint
- 2015.06.19 Third Amended Class Action Complaint , #65 Third Amended Class Action Complaint
- 2015.06.29 RTD's Motion for Summary Judgment, #67 Motion for Summary Judgment
- 2015.06.30 RTD's Answer to 3rd Amended Complaint, #69 Answer to 3rd Amended Complaint
- 2015.07.09 Plaintiffs' Cross-Motion for Summary Judgment, #71 Cross-Motion for Summary Judgment
- 2015.11.09 RTD Response to Plaintiffs' Motion for Summary Judgment, #101 Response to Motion for Summary Judgment
- 2015.12.27 Plaintiffs' Motion to Strike Expert Witness, #104 Motion to Strike Expert Witness
- 2015.12.27 Plaintiffs' Motion for Declaratory Judgment, #105 Motion for Declaratory Judgment
- 2015.12.29 Plaintiffs' Reply in Support of Summary Judgment, #107 Plaintiffs' Reply in Support of Summary Judgment
- 2016.02.23 Order, #123 Order
- Final RTD - Light Rail Settlement Agreement (with exhibits), Settlement Agreement (2016-10-31)
- 2016.11.14 Motion for Certification of a Class for Settlement Purposes Only and Preliminary Approval of Class Settlement Agreement, #151 Motion to Certify Class
- Exhibit 1 - Class Settlement Agreement and Exhibits, #151-1 Ex. 1
- Exhibit 2 - Kevin Williams Declaration, #151-2 Ex. 2
- Exhibit 3 - Andrew Montoya Declaration , #151-3 Ex. 3
- 2017.04.03 Preliminary Approval Order, #155 Order
- Press Release, Joint Press Release
- 2017.06.09 #156 Motion for Attorneys' Fees, #156 Motion for Attorneys' Fees
- 2017.06.26 #157 Motion for Final Approval, #157 Motion for Final Approval
- Notice of Class Settlement Agreement, Notice
- 2017.07.11 Order Granting Final Approval, #159 Order Granting Final Approval
- 2017.07.11 Order Granting Motion for Attorneys' Fees and Costs, #160 Order
- Final Approval Transcript, 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