CHECKER CAB PHILADELPHIA, INC. et al v. THE PHILADELPHIA PARKING AUTHORITY et al

Filing 130

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 74 ) IS DENIED. DEFENDANTS MOTION TO DISMISS (DOC. 96 ) IS DENIED IN PART AND GRANTED IN PART AS OUTLINED HEREIN. THE COURT WILL SCHEDULE ANOTHER PRETRIAL COFERENCE FOR 7/10/2017 AT 3:00 PM IN COURTROOM 3A.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/6/2017. 6/6/2017 ENTERED AND COPIES E-MAILED.(sg, )

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

Checker Cab Philadelphia, et al,
Plaintiffs,
v.

CIVIL ACTION

NO. 16-4669

The Philadelphia Parking Authority and
Vincent Fenerty,
Defendants.

ORDER RE: MOTIONS TO DISMISS
AND NOW, this 6th

day of June 2017, it is hereby ORDERED that, after review of

the substantial briefing by the Parties, after hearing oral argument on May 18, 2017, and for the
reasons stated in the accompanying memorandum:
•

Defendants’ Motion to Dismiss the Medallion Plaintiffs’ Amended Complaint
(ECF 74) is DENIED;

•

Defendants’ Motion to Dismiss Intervenor’s Second Amended Complaint (ECF
96) is DENIED IN PART AND GRANTED IN PART.

As explained in the accompanying memorandum, Medallion Plaintiffs’ and Intervenor’s
Equal Protection claims will be allowed to proceed provided they are based on the theory that the
Defendants arbitrarily failed to regulate TNCs. Equal protection claims based on any other
theory are DISMISSED. Intervenor’s Count IV is DISMISSED.
As discussed at oral argument, the Court directs the following:
1. The parties may serve 10 contention interrogatories on each other, including any
subparts, within 10 days of this Order. Any objections must be specific and

served within 10 days of service of the Interrogatories. Answers to interrogatories
shall be served within 21 days of service.
2. The parties may also serve up to 20 Requests for Admission, including any
subparts, within 10 days. Responses to Requests for Admission shall be served
within 21 days of service.
3. Any objections to this written discovery not resolved by discussions between
counsel must be the subject of a motion to compel filed within 10 days thereafter
or will be considered waived.
4. The Court suggests the parties agree on one deponent for Plaintiffs, one for
Intervenor, and one for PPA, of an individual with detailed knowledge of these
issues as to the background of PPA’s policies and practices. These depositions
should take place promptly after the answers to the written discovery described
here.
5. The Court will schedule another pretrial conference for July 10, 2017 at 3:00 p.m.
in Courtroom 3A. If any discovery issues cannot be resolved, counsel shall
submit a letter not more than three pages in length describing the issue and each
party’s position, by July 7, 2017.

BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.

O:\CIVIL 16\16-4669 Checker Cab v PPA\16cv4669 Order on 12b6 Motions.docx

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