Case: Gustafson v. University of California-Berkeley

3:97-cv-04016 | U.S. District Court for the Northern District of California

Filed Date: Oct. 31, 1997

Closed Date: May 5, 2019

Clearinghouse coding complete

Case Summary

On October 31, 1997, represented by private counsel and attorneys from Disability Rights Advocates, three named individual plaintiffs and an organizational plaintiff (the Coalition for Access and Disability Rights, "CADRE," later re-named as the Boalt Disability Law Society) filed a complaint in the U.S. District Court for the Northern District of California alleging that the defendants (the University of California at Berkeley, its board of regents, and chancellor) violated 42 U.S.C. § 1981. …

On October 31, 1997, represented by private counsel and attorneys from Disability Rights Advocates, three named individual plaintiffs and an organizational plaintiff (the Coalition for Access and Disability Rights, "CADRE," later re-named as the Boalt Disability Law Society) filed a complaint in the U.S. District Court for the Northern District of California alleging that the defendants (the University of California at Berkeley, its board of regents, and chancellor) violated 42 U.S.C. § 1981. The plaintiffs alleged that the defendants' discrimination against people with mobility disabilities violated Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as well as certain state statutes. Injunctive relief and damages apparently were sought. We do not have a copy of the complaint, but can perceive something of the flow of litigation and settlement efforts from reviewing the docket sheet for this case and the settlement documents eventually filed with the court.

The docket sheet shows that, in March 1998, the parties' stipulation resulted in an order dismissing the case without prejudice. By December of that year, the plaintiffs filed a motion to reopen the case. Magistrate Judge Bernard Zimmerman held conferences during the first half of 1999 to consider that motion. Negotiations between the parties resulted in a stipulation and order in May 1999, vacating a scheduled hearing upon the plaintiffs' motion. During this period, the parties jointly agreed to retain neutral experts to evaluate and recommend ways to improve access at UC-Berkeley for disabled students. Subsequent stipulations extended the time to reopen the case. In May 2000, the court received stipulations regarding mediation and arbitration of issues and certification of a class. The class initially was defined to include students with mobility impairments, but was later expanded to include those with vision impairments. Retired Judge Eugene F. Lynch served as mediator.

Status conferences and case management conferences occurred during the next several years, leading to a September 14, 2004, docket entry reflecting that the case had settled and a final fairness hearing was scheduled for February 2005. Before that hearing, a variety of declarations, attorneys' fee submissions, and other pleadings were filed in support of the settlement. The final fairness hearing was re-set to March 23, 2005, at which Magistrate Judge Zimmerman approved the class action settlement. On May 5, 2005, he signed an order dismissing the case, without prejudice and retaining jurisdiction to enforce the settlement.

The 40-page settlement agreement, plus 60 pages of attachments, covered details of access improvements to be made at UC-Berkeley and required the hiring by the university of a funded assistant provost responsible, for example, to lead disability services, to monitor remediation efforts, to oversee barrier removal, and to train students and faculty concerning needs and rights of students with disabilities. Additional full-time staff persons were also to be hired by the university as access specialists and counselors, an access coordinator, and a disability access resolution officer. Room assignments, campus signage, maps and access guides, parking, transportation improvements, building evacuation and safety, and reporting and monitoring were several of the issues addressed in the comprehensive settlement document. The settlement's terms called for one named plaintiff to receive $2,000 as damages, and the university agreed to pay $2,000 to the Berkeley Center for Independent Living on behalf of a second named individual plaintiff, and $20,000 to the San Francisco State University Institute on Disability on behalf of the third named individual plaintiff. The university agreed to pay plaintiffs' attorneys' fees of $645,000, costs of $16,149.75, and pre-final approval hourly charges (of $300/hour for attorneys and $100/hour for paralegals).

The settlement period was set at 14 years from May 2005. The settlement period expired without any additional substantive docket activity, so the case is now closed.

Summary Authors

Mike Fagan (6/17/2008)

Raul Noguera-McElroy (4/12/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10642224/parties/gustafson-v-university-of-calif/


Judge(s)
Attorney for Plaintiff

Paradis, Laurence W. (California)

Attorney for Defendant

Blair, Jeffrey A. (California)

Holst, James E. (California)

Lundberg, John Frederick (California)

Maschler, Brian P. (California)

show all people

Documents in the Clearinghouse

Document

3:97-cv-04016

Docket (PACER)

Gustafson, et al v. University of Calif, et al

May 2, 2008

May 2, 2008

Docket
58

3:97-cv-04016

Settlement Agreement and Release of Claims

Gustafson v. University of California at Berkeley

Nov. 24, 2004

Nov. 24, 2004

Settlement Agreement

3:97-cv-04016

Notice of Proposed Settlement of Class Action Lawsuit

[Gustafson v. University of California-Berkeley]

No Court

Jan. 1, 2005

Jan. 1, 2005

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10642224/gustafson-v-university-of-calif/

Last updated Jan. 23, 2024, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Summons issued Fee status pd entered on 10/31/97 in the amount of $ 150.00 ( Receipt No. 804112); jury demand [3:97-cv-04016] (kc, COURT STAFF) (Entered: 10/31/1997)

Oct. 31, 1997

Oct. 31, 1997

PACER
2

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi-Option) by Mag. Judge Bernard Zimmerman : Proof of service to be filed by 12/15/97 ; counsels' case management statement to be filed by 3/6/98 ; initial case management conference will be held 4:00 3/16/98 . (cc: all counsel) [3:97-cv-04016] (kc, COURT STAFF) (Entered: 10/31/1997)

Oct. 31, 1997

Oct. 31, 1997

PACER

SUMMONS issued as to defendant Regents of the Univ [3:97-cv-04016] (kc, COURT STAFF)

Oct. 31, 1997

Oct. 31, 1997

PACER

RECEIVED Stipulation to extend Court dates. [3:97-cv-04016] (mcl, COURT STAFF)

Dec. 30, 1997

Dec. 30, 1997

PACER
3

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : Response to complaint due 2/23/98 ; Last day to meet and confer re case management due 3/27/98 ; Last day to complete initial disclosures due 4/7/98 ; ADR phone conference set for 4/9/98 at 11:15 am ; Case Management Statement is due 5/4/98 ; Case Management Conference set for 4:00 5/14/98 ; (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/09/1998)

Jan. 5, 1998

Jan. 5, 1998

PACER

Docket Modification (Administrative) to Case Management Conference set for 4:00 5/11/98 ; [3:97-cv-04016] (mcl, COURT STAFF)

Jan. 5, 1998

Jan. 5, 1998

PACER
4

CLERK'S NOTICE of vacating the ADR phone conference set for 2/10/98 [3:97-cv-04016] (bt, COURT STAFF) (Entered: 01/23/1998)

Jan. 23, 1998

Jan. 23, 1998

PACER

RECEIVED Proposed Stipulation and Order re dismissal without prejudice [3:97-cv-04016] (mcl, COURT STAFF)

March 17, 1998

March 17, 1998

PACER
5

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : dismissing case without prejudice (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 03/19/1998)

March 19, 1998

March 19, 1998

PACER
6

NOTICE by Plaintiff of change of address of counsel : Guy B. Wallace, The Employment Law Center, 1663 Mission Street, Suite 400, San Francisco, CA 94103 ; tel. no. (415) 864-8848 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

PACER
7

NOTICE by defendant Regents of the Univ of change of address of counsel : Jeffrey A. Blair, University of California, 1111 Franklin St., 8th Floor, Oakland, CA 94607-5200 ; tel. no. (510) 987-9800. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/15/1998)

May 14, 1998

May 14, 1998

PACER
8

MOTION before Mag. Judge Bernard Zimmerman by Plaintiffs to reopen the case with Notice set for 1/20/99 at 10:00 am [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 12/11/1998)

Dec. 10, 1998

Dec. 10, 1998

PACER
9

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : resetting hearing on plaintiffs' motion to reopen the case [8-1] 10:00 2/3/99 (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/22/1999)

Jan. 19, 1999

Jan. 19, 1999

PACER
10

JOINT STATUS CONFERENCE STATEMENT by defendant, Plaintiff [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 02/02/1999)

Jan. 29, 1999

Jan. 29, 1999

PACER
11

MINUTES: ( E/R 99-04 & 99-05) ( Hearing Date: 2/3/99) that plaintiff's motion to reopen the case [8-1] is submitted Status conference set for 10:00 5/5/99 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 02/04/1999)

Feb. 3, 1999

Feb. 3, 1999

PACER
12

ORDER by Mag. Judge Bernard Zimmerman continuing hearing on plaintiff's motion to reopen the case [8-1] 10:00 5/5/99 ( Date Entered: 2/4/99) (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 02/04/1999)

Feb. 4, 1999

Feb. 4, 1999

PACER
13

FURTHER STATUS CONFERENCE STATEMENT by Plaintiffs. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/06/1999)

May 4, 1999

May 4, 1999

PACER
14

DECLARATION by Kaaryn Gustafson on behalf of Plaintiffs. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/06/1999)

May 4, 1999

May 4, 1999

PACER
15

MINUTES: ( E/R 99-13 & 99-14) ( Hearing Date: 5/5/99) Status conference held ; Plaintiff may renotice his motion to reopen case, due 5/26/99, defendant's opposition due 6/16/99, reply due 6/23/99 ; setting hearing on motion to reopen the case [8-1] 10:00 7/7/99 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/06/1999)

May 5, 1999

May 5, 1999

PACER

RECEIVED Stipulation and [Proposed] Order [3:97-cv-04016] (tn, COURT STAFF)

May 25, 1999

May 25, 1999

PACER
16

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : vacating hearing re plaintiffs' motion to reopen the case [8-1] (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/27/1999)

May 26, 1999

May 26, 1999

PACER

RECEIVED Stipulation extending deadline for reactivating motion to reopen case. [3:97-cv-04016] (mcl, COURT STAFF)

July 14, 1999

July 14, 1999

PACER
17

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : Deadline for plaintiff's motion to reopen filings is 9/13/99 (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 07/15/1999)

July 15, 1999

July 15, 1999

PACER

RECEIVED Stipulation and Proposed Order extending deadline for reactivating motion to reopen case. [3:97-cv-04016] (mcl, COURT STAFF)

Sept. 22, 1999

Sept. 22, 1999

PACER
18

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : Deadline for plaintiffs' filing a motion to reactivate their motion to reopen the litigation is due 1/14/00 (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 10/01/1999)

Sept. 28, 1999

Sept. 28, 1999

PACER

RECEIVED Proposed Stipulation and Order [3:97-cv-04016] (mcl, COURT STAFF)

Jan. 14, 2000

Jan. 14, 2000

PACER
19

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : extending 30 days' deadline for plaintiff to file motion to re-activate, referring the parties to Judge Eugene Lynch of JAMS/Endispute for mediation and/or arbitration (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/24/2000)

Jan. 19, 2000

Jan. 19, 2000

PACER

RECEIVED Stipulation and Proposed Order ( Plaintiff) [3:97-cv-04016] (nd, COURT STAFF)

Feb. 10, 2000

Feb. 10, 2000

PACER
20

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : extending deadline for filing of motion to reactivate litigation to 3/13/00 (cc: all counsel) [3:97-cv-04016] (nd, COURT STAFF) (Entered: 02/14/2000)

Feb. 10, 2000

Feb. 10, 2000

PACER
21

MAIL [20-1], [20-2] returned from Post Office [3:97-cv-04016] (nd, COURT STAFF) (Entered: 02/24/2000)

Feb. 10, 2000

Feb. 10, 2000

PACER

RECEIVED Stipulation and request for order reopening case for a limited purpose. [3:97-cv-04016] (mcl, COURT STAFF)

March 10, 2000

March 10, 2000

PACER

RECEIVED Proposed Order reopening case for a limited purpose. [3:97-cv-04016] (mcl, COURT STAFF)

March 10, 2000

March 10, 2000

PACER
22

STIPULATION and request for order reopening case for a limited purpose. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 03/17/2000)

March 14, 2000

March 14, 2000

PACER
23

ORDER by Mag. Judge Bernard Zimmerman Case reopened for a limited purpose ( Date Entered: 3/17/00) (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 03/17/2000)

March 14, 2000

March 14, 2000

PACER

RECEIVED Stipulation regarding mediation and arbitration of issues. [3:97-cv-04016] (mcl, COURT STAFF)

May 17, 2000

May 17, 2000

PACER

RECEIVED Stipulation for certification of a class. [3:97-cv-04016] (mcl, COURT STAFF)

May 17, 2000

May 17, 2000

PACER
24

MINUTES: ( E/R T1c 17-00) ( Hearing Date: 5/24/00) Status conference held [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/25/2000)

May 24, 2000

May 24, 2000

PACER
25

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman regarding mediation and arbitration of issues. (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/25/2000)

May 24, 2000

May 24, 2000

PACER
26

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : for certification of a class (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 06/02/2000)

May 30, 2000

May 30, 2000

PACER
27

CLERK'S NOTICE Status conference set for 4:00 1/8/01 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 06/02/2000)

June 1, 2000

June 1, 2000

PACER
28

JOINT STATUS CONFERENCE STATEMENT by defendants, Plaintiffs. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 12/27/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
29

MINUTES: ( C/R none) ( Hearing Date: 1/8/01) Telephonic Status conference held and continued to 4:00 8/13/01 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/16/2001)

Jan. 9, 2001

Jan. 9, 2001

PACER
30

CLERK'S NOTICE Case Management Conference continued to 4:00 8/13/01 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/16/2001)

Jan. 9, 2001

Jan. 9, 2001

PACER
31

JOINT STATUS CONFERENCE STATEMENT by defendant, Plaintiff [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 08/08/2001)

Aug. 3, 2001

Aug. 3, 2001

PACER
32

ORDER by Mag. Judge Bernard Zimmerman Status conference set for 4:00 4/29/02 ; ( Date Entered: 8/10/01) (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 08/10/2001)

Aug. 8, 2001

Aug. 8, 2001

PACER
33

STATUS CONFERENCE STATEMENT by defendants [3:97-cv-04016] (tn, COURT STAFF) (Entered: 04/23/2002)

April 22, 2002

April 22, 2002

PACER
34

STATUS CONFERENCE STATEMENT by Plaintiffs [3:97-cv-04016] (tn, COURT STAFF) (Entered: 04/23/2002)

April 22, 2002

April 22, 2002

PACER
35

CIVIL MINUTES: (C/R Not Reported) (Hearing Date: 4/29/02) Further status conference -- Held, and matter continued for further conference on 9/23/02 at 4:00 p.m ; order to be prepared by the court [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

PACER
36

ORDER by Mag. Judge Bernard Zimmerman scheduling status conference to 9/23/02 at 4:00 pm. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/02/2002)

April 30, 2002

April 30, 2002

PACER

RECEIVED: [Proposed] Order re continuance of case management conference (defendant) [3:97-cv-04016] (tn, COURT STAFF)

Sept. 19, 2002

Sept. 19, 2002

PACER

RECEIVED: [Proposed] Stipulation re continuance of case management conference submitted by defendant & Plaintiff [3:97-cv-04016] (tn, COURT STAFF)

Sept. 19, 2002

Sept. 19, 2002

PACER
41

STIPULATION by the parties re continuance of case management conference to 10/7/02 at 4:00 p.m. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/09/2002)

Sept. 19, 2002

Sept. 19, 2002

PACER
37

ORDER by Mag. Judge Bernard Zimmerman: Case Management Conference continued to 10/7/02 at 4:00 p.m. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 09/23/2002)

Sept. 20, 2002

Sept. 20, 2002

PACER
38

STATUS CONFERENCE STATEMENT by defendants [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/02/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
39

STATUS CONFERENCE STATEMENT by Plaintiffs [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/02/2002)

Sept. 30, 2002

Sept. 30, 2002

PACER
40

ORDER by Mag. Judge Bernard Zimmerman Continuing Status Conference to 6/2/03 at 4:00 p.m. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/07/2002)

Oct. 3, 2002

Oct. 3, 2002

PACER
42

JOINT STATUS CONFERENCE STATEMENT by Parties [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/27/2003)

May 23, 2003

May 23, 2003

PACER
43

CLERK'S NOTICE: Status conference re-set for 4:00 p.m. on 12/1/03 [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

PACER
44

JOINT STATUS CONFERENCE STATEMENT by Parties [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
45

PROOF OF SERVICE by Plaintiffs of joint status conference statement [44-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/26/2003)

Nov. 24, 2003

Nov. 24, 2003

PACER
46

CLERK'S NOTICE: Case Management Conference re-set for 4:00 p.m. on 5/10/04, and Case Management Conference Statement is due seven days prior to the conference. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/02/2003)

Nov. 25, 2003

Nov. 25, 2003

PACER

RECEIVED: Stipulation & [Proposed] Order To Reschedule Case Management Conference. [3:97-cv-04016] (tn, COURT STAFF)

April 26, 2004

April 26, 2004

PACER
47

STIPULATION and ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE by Mag. Judge Bernard Zimmerman : Good cause appearing, the Court hereby orders that the Case Management Conference currently scheduled for May 10, 2004, be rescheduled for 4:00 6/21/04 ; (cc: all counsel) [3:97-cv-04016] (aaa, COURT StafF) (Entered: 05/06/2004)

April 27, 2004

April 27, 2004

PACER

RECEIVED: Stipulation & [Proposed] Order re: Continuance of Case Management Conference. [3:97-cv-04016] (tn, COURT STAFF)

June 14, 2004

June 14, 2004

PACER
48

STIPULATION and ORDER by Mag. Judge Bernard Zimmerman: Case Management Conference re-set for 4:00 p.m. on 9/13/04 (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 06/21/2004)

June 17, 2004

June 17, 2004

PACER
49

JOINT CASE MANAGEMENT CONFERENCE STATEMENT and PROPOSED ORDER filed. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 09/09/2004)

Sept. 3, 2004

Sept. 3, 2004

PACER
50

CIVIL MINUTES: (C/R: 4:10-4:09p.m.) (Hearing Date: 9/13/04) Case Management Conference - - Matter Held ; Case Settled. Final Fairness Hearing is set for 2/2/05 at 10:00 a.m; Order to be prepared by the Court. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 09/15/2004)

Sept. 14, 2004

Sept. 14, 2004

PACER
51

CLERK'S NOTICE Setting Joint Motion for Preliminary Approval to 12/1/04 at 10:00 a.m. ; [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
52

JOINT MOTION before Mag. Judge Bernard Zimmerman Filed by defendants & Plaintiffs For Preliminary Approval of Class Settlement Agreement; Certification of Amended Class; Directing Notice to the Class & for a Scheduling Order, with MEMORANDUM of Points & Authorities in Support Thereof. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
53

DECLARATION of Laurence Paradis on behalf of defendants & Plaintiffs in Support of their Joint Motion For Preliminary Approval of Class Settlement Agreement; Certification of Amended Class; Directing Notice to the Class & for a Scheduling Order [52-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
54

MOTION before Mag. Judge Bernard Zimmerman Filed by Plaintiffs For Attorney's Fees & Costs (FRCP 23(h)(1)), with MEMORANDUM of Points & Authorities in Support Thereof. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
55

DECLARATION of Richard M. Pearl on behalf of Plaintiffs in Support of their Motion For Attorney's Fees & Costs (FRCP 23(h)(1)) [54-1]. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
56

PROOF OF SERVICE by defendants of declaration [55-1], joint motion For Preliminary Approval of Class Settlement Agreement; Certification of Amended Class; Directing Notice to the Class & for a Scheduling Order [52-1] & Settlement Agreement & Release of Claims. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
58

SETTLEMENT AGREEMENT & RELEASE OF CLAIMS Filed by the Parties. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/02/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
57

CIVIL MINUTES ORDER: (C/R Jim Yeomans; 10:27-12:06p.m.) (Hearing Date: 12/1/04) Joint Motion for Preliminary Approval - - Matter Held & Continued to 1/5/05 at 3:00 p.m. ; Supplemental documents due by 12/22/04; The Court will re-set date for Fairness Hearing; Counsel to submit proposed orders to bzpo@cand.uscourts.gov. & the Clerk shall file the original settlement agreement. [3:97-cv-04016] (tn, COURT STAFF) Modified on 12/02/2004 (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

PACER
59

CIVIL MINUTES: (C/R TC41-04) (Hearing Date: 12/6/04) Nondispositive Motion - uncontested ; Further hearing on preliminary approval of claims settlement. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

PACER
60

JOINT MOTION before Mag. Judge Bernard Zimmerman by Plaintiffs & Defendants For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement with Notice set for 1/5/05 at 3:00 p.m. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
61

DECLARATION of Sara Hadsell, Co-President on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
62

DECLARATION of Alaine Perry on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
63

DECLARATION of Kaaryn Gustafson on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
64

DECLARATION of Michael Emmett on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
65

DECLARATION of Mariyam Cementwala on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
66

SUPPLEMENTAL DECLARATION of Sara Hadsell on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
67

SUPPLEMENTAL DECLARATION of Laurence Paradis on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER

RECEIVED: [Proposed] Order Granting Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] & Setting Hearing on Proposed Class Settlement; F.R.C.P. 12(e) [3:97-cv-04016] (tn, COURT STAFF)

Dec. 22, 2004

Dec. 22, 2004

PACER

RECEIVED: [Proposed] First Amended Complaint for Discrimination Against Persons with Disabilities, etc submitted by Plaintiffs [3:97-cv-04016] (tn, COURT STAFF)

Dec. 22, 2004

Dec. 22, 2004

PACER

RECEIVED: [Proposed] Settlement Agreement & Release of Claims Submitted by defendants & Plaintiffs [3:97-cv-04016] (tn, COURT STAFF)

Dec. 22, 2004

Dec. 22, 2004

PACER
68

PROOF OF SERVICE by Plaintiffs of document received [0-0], document received [0-0], order received [0-0], declaration [67-1], declaration [66-1], declaration [65-1], declaration [64-1], declaration [63-1], declaration [62-1], declaration [61-1], motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)

Dec. 22, 2004

Dec. 22, 2004

PACER
69

CIVIL MINUTES: (C/R Diane Skillman, 3:02-3:52 & 3:52-3:53) ( Hearing Date: 1/5/05) Further Joint Motion for Preliminary Approval -- Matter Held; Last day for notice 1/19/05; Last day for objections 2/28/05; Written response due 3/11/05 & Fairness Hearing set for 3/23/05 at 3:00 p.m. ; Order to be prepared by the Court; Case referred to Mag. Judge for a Settlement Conference to occur as soon as schedule permits by the Court [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/10/2005)

Jan. 6, 2005

Jan. 6, 2005

PACER
70

ORDER Signed by Mag. Judge Bernard Zimmerman on 1/6/05 Granting Preliminary Approval of Amended Class Action Settlement Agreement & Setting Final Fairness Heareing on 3/23/05 at 3:00 p.m. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/10/2005)

Jan. 6, 2005

Jan. 6, 2005

PACER
71

STIPULATION by Parties for Filing of Amended Complaint Pursuant to FRCP 15(a). [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
72

FIRST AMENDED COMPLAINT FOR DISCRIMINATION AGAINST PERSONS WITH DISABILITIES re [1-1] Filed by Plaintiffs. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
73

SETTLEMENT AGREEMENT & RELEASE OF CLAIMS [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/21/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
74

PROOF OF SERVICE by defendants of Notice of Settlement Agreement. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/27/2005)

Jan. 26, 2005

Jan. 26, 2005

PACER
75

SUPPLEMENTAL MEMORANDUM Filed by Defendants in Support of Joint Motion for Final Approval of Class Action Settlement Agreement. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/14/2005)

March 11, 2005

March 11, 2005

PACER
76

DECLARATION of Brian P. Maschler on behalf of defendants in Support of Joint motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/14/2005)

March 11, 2005

March 11, 2005

PACER
77

DECLARATION of Stephen Tollafield on behalf of Plaintiffs in Support of Joint motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/14/2005)

March 11, 2005

March 11, 2005

PACER

RECEIVED [Proposed] Order Granting Final Approval of Class Action Settlement Agreement Submitted by defendants [3:97-cv-04016] (tn, COURT STAFF)

March 22, 2005

March 22, 2005

PACER
78

ORDER Signed by Mag. Judge Bernard Zimmerman Granting Final Approval of Class Action Settlement Agreement & terminating case; appeal filing ddl 4/25/05 (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/24/2005)

March 23, 2005

March 23, 2005

PACER

RECEIVED [Proposed] Order Granting Final Approval of Class Action Settlement Agreement Submitted by defendants [3:97-cv-04016] (tn, COURT STAFF)

March 23, 2005

March 23, 2005

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: Oct. 31, 1997

Closing Date: May 5, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.C. Berkeley students with mobility and/or vision disabilities who were not provided with full and access due to the presence of physical access barriers.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

University of California at Berkley (Berkley), State

The Regents of the University of California, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 669,000

Order Duration: 2005 - 2019

Content of Injunction:

Hire

Discrimination Prohibition

Provide antidiscrimination training

Recordkeeping

Required disclosure

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Buildings

School/University Facilities

Staff (number, training, qualifications, wages)

Transportation

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Sidewalks

Mobility impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run