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

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

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