Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority

224 F.R.D. 601, 2004 U.S. Dist. LEXIS 24185
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 30, 2004
DocketCivil Action No. 03-1577
StatusPublished
Cited by3 cases

This text of 224 F.R.D. 601 (Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority, 224 F.R.D. 601, 2004 U.S. Dist. LEXIS 24185 (E.D. Pa. 2004).

Opinion

Memorandum

PRATTER, District Judge.

Plaintiff Disabled in Action (“DIA”) moves for an Order dismissing Defendant City of Philadelphia (the “City”) without prejudice from this case. The City has executed a settlement agreement (the “Settlement Agreement”) with DIA which resolves all of the claims that DIA had against the City in this matter. The remaining defendant, Southeastern Pennsylvania Transportation Authority (“SEPTA”), has objected to the Settlement Agreement for various reasons, as discussed herein. For the reasons that [603]*603follow, the Motion to Dismiss the City of Philadelphia is granted.

FACTUAL BACKGROUND

The present Motion to Dismiss the City of Philadelphia arises in the context of the issues between DIA and the City and SEPTA. The gravamen of the dispute between DIA and SEPTA is the construction of facilities that would allow disabled individuals to utilize SEPTA’s City Hall transit station. DIA alleges that SEPTA, after modifying the entrance to the City Hall station on the northwest corner of 15th and Market Streets, triggered an obligation under the Americans with Disabilities Act (“ADA”) to make the City Hall transit station accessible to disabled individuals. DIA also argues that this particular transit station should be considered a “key station” as defined by the ADA, an assertion that SEPTA vigorously disputes.1 In this action, DIA asks the Court to order SEPTA to construct facilities at the City Hall transit station, including an elevator that would provide individuals in wheelchairs access to the subway and trolley platforms.

Because the City owns the land upon which the modifications, if ordered, would be made, SEPTA argued at the inception of the case that the City had to be joined in the action as an indispensable party. Because the City was not then a party, SEPTA moved to dismiss the complaint.2 DIA elected not to engage in motion practice and subsequently amended its complaint to add the City as a party.3

On August 5, 2004, DIA filed its motion to dismiss the City without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) on the basis that DIA and the City had resolved any disputes between them with respect to this action.4 On August 16, 2004, DIA filed the Settlement Agreement between itself and the City, in which the parties agree that should the relief DIA requests against SEPTA be granted, the City will permit SEPTA to use City property for the construction of the requested modifications of the City Hall transit station. [Docket No. 49]. The City’s permission is contractually conditioned upon certain actions to be taken by SEPTA, including applying for permits as required by law, which will necessarily require SEPTA to comply with the City’s various health and safety guidelines, including the building, fire and electrical codes. Settlement Agreement at § 3. In addition, the City’s permission to use the land is conditioned upon SEPTA agreeing to an entry agreement with the City and receiving approval from the City for the design of the facility. Settlement Agreement at § 3. In the Settlement Agreement, the City specifies that it may require SEPTA to make modifications to the location or design of any facility to be constructed pursuant to the ultimate resolution of this case. Settlement Agreement at § 3.

SEPTA filed its opposition to the Motion to Dismiss the City on August 25, 2004. In its opposition, SEPTA asserts the following [604]*604reasons for the motion to be denied: (1) SEPTA believes that the City is a necessary party to the litigation, and, as such, may not be dismissed unless and until the entire case is resolved; (2) the Settlement Agreement is the product of collusion between DIA and the City, and is therefore an improper agreement; and (3) the City’s dismissal from the action will result in actual and substantial legal prejudice to SEPTA due to alleged multiple outstanding discovery abuses by the City.

The City responded to SEPTA’s opposition on September 3, 2004, arguing that (1) because the City has not filed an answer to the complaint, DIA has an absolute right to dismiss the City pursuant to Federal Rule of Civil Procedure 41(a)(1)(i); (2) because the Settlement Agreement resolves all claims between DIA and the City, the City is no longer a necessary party to the litigation; (3) DIA, the only party asserting a claim in this ease,5 can be granted complete relief in the matter because DIA has resolved all of its claims against the City; (4) the Settlement Agreement is not collusive; and (5) the discovery allegations that SEPTA sets forth are irrelevant and false, and therefore should not stand in the way of dismissing the City pursuant to the Settlement Agreement.

DISCUSSION

I. Dismissal Pursuant to Rule 41(a)

This case requires, among other things, the Court to consider the intersection between two of the Federal Rules of Civil Procedure, Rule 19(a)(2) and Rule 41(a). Rule 19(a)(2), which contains two sub-parts, addresses the joinder of necessary parties in a federal action:

[a] person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of. the action shall be joined as a party in the action if ... the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations by reasons of the claimed interest.

Fed.R.Civ.P. 19(a)(2).

Rule 41(a) also contains two sub-parts, each addressing the voluntary dismissal of an action by a plaintiff. Rule 41(a)(1) states that “an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action.” Fed.R.Civ.P. 41(a)(1). The second subpart of Rule 41(a) provides that if dismissal cannot be achieved by the means provided in Rule 41(a)(1), “an action shall not be dismissed at the plaintiffs instance save upon order of the court and upon such terms and conditions as the court deems proper.” Fed.R.Civ.P. 41(a)(2).

SEPTA argues that because it views the City as an indispensable party pursuant to Rule 19(a)(2), the City cannot be dismissed from this action at all, despite the fact that the City has settled its dispute with DIA.

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Cite This Page — Counsel Stack

Bluebook (online)
224 F.R.D. 601, 2004 U.S. Dist. LEXIS 24185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disabled-in-action-of-pennsylvania-v-southeastern-pennsylvania-paed-2004.