MULGREW v. UNITED STATES DEPARTMENT OF TRANSPORTATION

Nos. 24-cv-1644 (LJL), 24-cv-367 (LJL), 23-cv-10365 (LJL)

MICHAEL MULGREW, as President of the UNITED FEDERATION OF TEACHERS, Local 2, American Federation of Teachers, AFL-CIO, VITO J. FOSSELLA, individually and in his capacity as Staten Island Borough President, PAUL CAMINITI, TROY McGHIE, MARTHA MAZIER, CARLY BIANCHINI, HANNAH CHOI, FRANK GARCIA, LINDSEY LAMPF, Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, SHAILEN BHATT, in his official capacity as Administrator of the Federal Highway Administration, RICHARD J. MARQUIS, in his official capacity as Division Administrator of the New York Division of the Federal Highway Administration, the METROPOLITAN TRANSIT AUTHORITY, the TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, the NEW YORK STATE DEPARTMENT OF TRANSPORTATION, the NEW YORK CITY DEPARTMENT OF TRANSPORTATION Defendants. NEW YORKERS AGAINST CONGESTION PRICING TAX, DANNY BUZZETTA, DR. GREGOR WINKEL, LEE BERMAN, MEREDITH LeVANDE, RITA SUE SIEGEL, TOMMY LOEB, KATHRYN FREED, TREVER HOLLAND, RICKY YANG, PAUL ENG, BARUCH WEISS, ROBERT FRIEDRICH, KEVIN FORRESTAL, WARREN SCHREIBER, CHRISTOPHER RYAN, BEN MASON, DENNIS ROSARIO, RABBI Y.S. GINZBERG, JACOB ENGLANDER, AARON GONZALEZ, HOWARD CHIN, ELAINE LA PENNA, THOMAS ANTHONY SCARPACI, COUNCILMEMBER JOSEPH C. BORELLI, COUNCILMEMBER KRISTY MARMORATO, COUNCILMEMBER VICKIE PALADINO, COUNCILMEMBER JOANN ARIOLA, COUNCILMEMBER SUSAN ZHUANG, COUNCILMEMBER KALMAN YEGER, COUNCILMEMBER INNA VERNIKOV, COUNCILMEMBER DAVID CARR, COUNCILMEMBER ROBERT F. HOLDEN, and ASSEMBLYMEMBER DAVID WEPRIN, individually and on behalf of all others similarly situated, Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, SHAILEN BHATT, in his official capacity as Administrator of the Federal Highway Administration, RICHARD J. MARQUIS, in his official capacity as Division Administrator of the New York Division of the Federal Highway Administration, METROPOLITAN TRANSPORTATION AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, NEW YORK STATE DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION and TRAFFIC MOBILITY REVIEW BOARD, Defendants. ELIZABETH CHAN, TAMARA HOFFMAN, and DOES 1 through 200, Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, SHAILEN BHATT, in his official capacity as Administrator of the Federal Highway Administration, RICHARD J. MARQUIS, in his official capacity as Division Administrator of the New York Division of the Federal Highway Administration, LISA GARCIA, in her official capacity, STEPHEN GOODMAN, in his official capacity, ALLISON L.C. DE CERRENO Ph.D., in her official capacity, NICHOLAS A. CHOUBAH, P.E., in his official capacity, WILLIAM J. CARRY, in his official capacity, and DOES 1 through 10. Defendants.

United States District Court, S.D. New York.

June 20, 2024.


OPINION AND ORDER

In Mulgrew et al. v. U.S. Department of Transportation et al. ("Mulgrew"), 24-cv-1644, Defendant New York State Department of Transportation ("NYSDOT") moves, pursuant to Federal Rule of Civil Procedure 12(b)(1), to dismiss the Amended Complaint for...

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