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Rochester-Genesee Regional Transportation Authority v. Hynes-Cherin

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 24, 2007

ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY, PLAINTIFF,
v.
BRIGID HYNES-CHERIN, AS REGIONAL ADMINISTRATOR FOR REGION II OF THE FEDERAL TRANSIT ADMINISTRATION, DEFENDANT,
UNITED FOOD AND COMMERCIAL WORKERS DISTRICT LOCAL ONE, LAIDLAW TRANSIT, INC. DOING BUSINESS AS LAIDLAW EDUCATION SERVICES, INTERVENORS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

By Decision and Order entered August 28, 2007 (Dkt. # 33) the Court stayed the decision of the Federal Transit Administration ("FTA") dated July 30, 2007, pending judicial review, until October 1, 2007. Thereafter, after hearing argument of counsel, the Court extended that stay until November 2, 2007 by Decision and Order entered September 20, 2007 (Dkt. # 42). Familiarity with both orders is presumed.

On October 19, 2007, representatives of the parties and counsel appeared before the Court, via telephone conference, and presented arguments relative to extending the stay. At the conclusion of the arguments, the Court entered an oral decision granting, in part, plaintiff's request to extend the stay and denied the request of intervenor Laidlaw Transit, Inc. to partially lift the stay. That oral decision is incorporated here by reference.

CONCLUSION

Plaintiff's request to extend the stay is granted in part and the stay previously entered by the Court is hereby extended until February 15, 2008. Intervenor Laidlaw Transit, Inc.'s request to partially lift the stay and allow Laidlaw to service some of the high schools at issue in this case is denied.

Counsel for the parties are directed to work together to provide a reasonably prompt briefing schedule on the motion for a preliminary injunction.

Intervenor Laidlaw Transit, Inc.'s request that the Court require plaintiff to post a bond is denied.

The parties are directed to work together to report to this Court on or before December 31, 2007 as to the status of Laidlaw Transit, Inc.'s, or other providers', ability to provide full service to all high schools in the Rochester City School District.

IT IS SO ORDERED.

20071024

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