modified only with leave of court on good cause shown.
4. Semi-Annual Written Reports
Section XVI directs Defendants to submit to Plaintiffs' counsel semi-annual written reports describing: (1) the progress of construction projects undertaken during the reporting period; (2) any problems or delays encountered in implementation of the Consent Decree; (3) an explanation for such delays; (4) actions taken in response to any delays; (5) providing an accounting of various funds; and (6) allocations between access work and non-access work, where applicable; and (7) notifying Plaintiffs of the opportunity to inspect completed construction work. The Court finds that Defendants have not fulfilled this obligation in a timely manner and accordingly orders as follows:
The semi-annual written reports shall be due on January 31 and July 31 of each year during the life of the Consent Decree and shall be filed with the Court on the date submitted to Plaintiffs' counsel. The report due on January 31 shall cover the period from July 1 to December 31 of the preceding year; the report due on July 31 shall cover the period from January 1 to June 30 of that year. The reports are to be thorough, comprehensive and detailed, with the most complete information available through diligent investigation. The reports shall be organized so as to identify work undertaken or obligations discharged in accordance with a particular Section of the Consent Decree. The Project Manager shall have primary responsibility for preparing the reports.
5. Reimbursement of Plaintiffs' Monitoring Costs
In Section XVII of the Consent Decree, Defendants agreed to reimburse Plaintiffs up to $ 8,500 per year "for the cost of expert consultants used by plaintiffs to monitor performance of [the] Consent Decree."
Plaintiffs submitted to Defendants an invoice for services by their expert, Accessible Services, Inc., on June 11, 1997. To date, Defendants have not reimbursed Plaintiffs for this expense as provided for in Section XVII. Defendants are hereby ORDERED to reimburse Plaintiffs in the amount of $ 4,350.00 within ten days of the date of this order for services performed by their expert, Accessible Services, Inc., in monitoring compliance with the Consent Decree.
Future reimbursements shall be submitted to the Project Manager as discussed in the Court's Order of November 14, 1997. The Project Manager shall act within thirty days of receipt of the reimbursement request to approve or reject Plaintiffs' request. Within five working days after the Project Manager has approved Plaintiffs' reimbursement request, Defendants shall forward to Plaintiffs' counsel a check for the full amount of the request.
6. Other Obligations
Other portions of the Consent Decree set forth Defendants' obligations with respect to the School Access Plan, preliminary/emergency access work, identification and removal of physical barriers, and completion of work at "Emergency Shelter" sites. It is clear to the Court that much of this work has not been completed; however, it is impossible to tell from the parties' papers exactly how much work remains to be completed and how long it will take. Further, it is unclear to the Court the extent to which the voluminous submissions accompanying Defendants' opposition brief may have partially satisfied, in however untimely a fashion, some of Defendants' reporting obligations to Plaintiffs.
Therefore, the parties are ORDERED to appear before the Court at 10:00 a.m. on January 15, 1998, at which time Defendants' Project Manager shall be prepared to inform the Court of the status of work performed pursuant to the Consent Decree and shall explain the nature and extent of any delays. The parties shall meet and confer prior to the date of the hearing, and shall submit a joint letter brief to the Court no later than January 12, 1997, stating the extent to which the documents accompanying Defendants' opposition brief satisfy the substantive reporting requirements of the Consent Decree. The parties shall further inform the Court whether, in light of the information disclosed by Defendants to date, a reasonable schedule is in place for completion of work pursuant to the Consent Decree.
7. Attorney's Fees
Defendants are ORDERED to pay Plaintiffs' reasonable attorney's fees and costs in bringing this motion to compel compliance with the consent decree. Plaintiffs shall submit an affidavit detailing the fees and costs expended in bringing this motion no later than January 30, 1998.
The parties are hereby ORDERED to meet the deadlines for performance set forth below. Failure to comply may result in a recommendation to the District Court that the party in question be found in contempt of court and be subject to a civil penalty.
The Consent Decree is hereby modified and the parties ordered to comply as follows:
1. Defendants shall file and serve on Plaintiffs a programmatic self-evaluation pursuant to Section III.A, clearly labeled as such, no later than January 30, 1998.
2. Defendants shall file and serve on Plaintiffs a survey of existing facilities pursuant to Section IV of the Consent Decree as soon as possible, but in no event later than January 30, 1998.