Case: Association of Mexican-American Educators v. State of California

3:92-cv-03874 | U.S. District Court for the Northern District of California

Filed Date: Sept. 23, 1992

Closed Date: Jan. 25, 2002

Clearinghouse coding complete

Case Summary

This case concerns the legality of a California test to certify public school teachers. On September 23, 1992, two teachers’ associations and fifteen individual teachers and administrators brought this putative class action lawsuit against the State of California and the California Commission on Teacher Credentialing (“CTC”) in the U.S. District Court for the Northern District of California. The plaintiffs challenged the defendants’ use of the California Basic Educational Skills Test (“CBEST”),…

This case concerns the legality of a California test to certify public school teachers. On September 23, 1992, two teachers’ associations and fifteen individual teachers and administrators brought this putative class action lawsuit against the State of California and the California Commission on Teacher Credentialing (“CTC”) in the U.S. District Court for the Northern District of California. The plaintiffs challenged the defendants’ use of the California Basic Educational Skills Test (“CBEST”), a requirement to become a public school teacher or administrator in California. Represented by Public Advocates, the plaintiffs alleged that the CBEST violated Titles VI and VII of the Civil Rights Act of 1964 by discriminating on the basis of race to determine employment for a federally funded program. Specifically, the plaintiffs contended that the CBEST had a disparate impact on people of color—Black, Latino, and Asian applicants failed the CBEST at significantly higher rates than white applicants. The plaintiffs also contended that the CBEST did not sufficiently relate to relevant job skills, and thus less discriminatory means existed to certify public school employees. They sought class certification, injunctive relief, and attorneys’ fees and costs under 42 U.S.C. § 1988. 

On November 16, 1992, the plaintiffs filed an amended complaint to add the Oakland Alliance of Black Educators and four individual teachers as plaintiffs.

On April 1, 1993, the State of California and the CTC moved for partial summary judgment on the Title VI claims. The plaintiffs moved for partial summary judgment on the applicability of Title VII and Title VI on April 1 and May 3, 1993, respectively. The defendants also moved for partial summary judgment on the applicability of the Title VII claims on May 3. 

District Judge William H. Orrick granted the plaintiffs’ motion for partial summary judgment and denied the defendants’ motion on August 25, 1993. Judge Orrick found that Title VI and VII both applied to the plaintiffs’ allegations. 836 F. Supp. 1534. The court held that the text of 42 U.S.C. § 2000d-7 allowed a state and other entities within the state public school system to be defendants in a Title VI action. 

On October 13, 1993, the plaintiffs moved to certify a class of “Latino, African American, and Asian California public school credential or job applicants past, present, and future who have been or will be denied credentials or certificated positions based on the California Basic Educational Skills Test.”

The defendants moved for partial summary judgment on May 14, 1994.

On July 19, 1994, the court granted class certification and denied the defendants’ motion for partial summary judgment.

The defendants moved to compel joinder of necessary parties on April 7, 1995, which the court denied on November 7. The defendants also moved for summary judgment on July 5, 1995. One day later, the plaintiffs moved for partial summary judgment on the CBEST’s adverse impact and lack of validity. 

The court denied the plaintiffs’ motion for partial summary judgment on August 9, 1995, finding that attorneys raised many genuine issues of material fact during oral argument. Judge Orrick also denied the defendants’ July 5 motion for summary judgment on August 25, 1995, holding that the doctrine of laches did not completely bar the plaintiffs’ action.

Judge Orrick presided over a trial throughout June 1996, during which the CTC moved for judgment as a matter of law on June 17.

Judge Orrick issued a judgment for the defendants on September 17, 1996, holding that the CBEST did not violate Title VI or Title VII. The court found that (1) that the plaintiffs had established a prima facie case by showing that the CBEST had a disparate impact on minorities; (2) that all three studies of the CBEST submitted to the court proved it to be a valid measure of job-related skills; (3) that the passing score reflected professionally reasonable judgments about minimum levels of basic knowledge, skills and abilities for teaching jobs; and (4) that the plaintiffs had failed to show the existence of an equally effective alternate screening device. 937 F. Supp. 1397.

On October 16, 1996, the plaintiffs appealed the district court’s decision to the United States Court of Appeals for the Ninth Circuit. The plaintiffs argued that (1) the district court erred in concluding that the CBEST was properly validated, and (2) the court violated Federal Rule of Evidence 706 by relying on the advice of an expert who was not subject to cross-examination and did not prepare a report. On October 25, 1996, the defendants filed a cross-appeal regarding the district court’s conclusions, on summary judgment, that Titles VI and VII applied. The defendants also appealed the district court’s order denying costs.  

Ninth Circuit Judge Andrew J. Kleinfeld and District Judge Steven V. Judge Wilson found on July 12, 1999, that neither Title VI nor VII applied to CBEST in this case, and that the district court did not commit any reversible error in factual findings. 195 F.3d 465. Circuit Judge Robert Boochever dissented, contending that the majority’s holding relied on the mistaken conclusion that Title VII did not apply to the CBEST simply because it was a licensing exam. 

The plaintiffs filed a petition for rehearing en banc on August 2, 1999, which the Ninth Circuit granted on January 21, 2000.

On June 2, 2000, the United States and the Equal Employment Opportunity Commission submitted an amicus brief, arguing that the CBEST was subject to judicial review under Titles VI and VII of the Civil Rights Act of 1964. 

On June 20, 2000, the Ninth Circuit reheard the appeal en banc. Circuit Judges Procter Hug, Jr., Mary M. Schroeder, Stephen Reinhardt, Diarmuid F. O’Scannlain, Ferdinand F. Fernandez, Pamela Ann Rymer, Andrew J. Kleinfeld, A. Wallace Tashima, Sidney R. Thomas, Susan P. Graber, and Ronald M. Gould presided over the appeal. 231 F.3d. 572.

The Ninth Circuit affirmed both the judgment for the defendants and the order denying the defendants’ costs on October 30, 2000. Judge Graber held that (1) Title VII applied to the CBEST, (2) the CBEST was properly validated, (3) the district court permissibly used a technical advisor, and (4) the district court did not abuse its discretion by refusing to award costs to the defendants. Circuit Judges Reinhardt, Schroeder, Thomas, Fernandez, Rymer, Kleinfeld, O’Scannlain, and Gould concurred in part and dissented in part. Circuit Judge Tashima dissented.

The Ninth Circuit issued a mandate on December 29, 2000. The case is now closed.

Summary Authors

Sophia Acker (12/10/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10229482/parties/association-of-mexic-v-state-of-california/


Judge(s)

Fernandez, Ferdinand Francis (California)

Attorney for Plaintiff

Affeldt, John T. (California)

Goldstein, Barry L (California)

Attorney for Defendant

Ashe, R. Lawrence Jr. (Georgia)

Expert/Monitor/Master/Other

Dimsey, Dennis J. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

96-17131

Docket

U.S. Court of Appeals for the Ninth Circuit

Dec. 2, 1996

Dec. 2, 1996

Docket

96-17133

Docket

U.S. Court of Appeals for the Ninth Circuit

Dec. 2, 1996

Dec. 2, 1996

Docket

3:92-cv-03874

Docket

Association of Mexican-American Educators (AMAE) v. State of California

Jan. 25, 2002

Jan. 25, 2002

Docket

3:92-cv-03874

First Amended Complaint for Injunctive Relief

Nov. 16, 1992

Nov. 16, 1992

Complaint
51

3:92-cv-03874

Opinion and Order

Aug. 25, 1993

Aug. 25, 1993

Order/Opinion

937 F.Supp. 937

3:92-cv-03874

Opinion And Order

Sept. 17, 1996

Sept. 17, 1996

Order/Opinion

937 F.Supp. 937

96-17131

96-17133

Brief of Appellant

Association of Mexican-American Educators v. California Commission on Teacher Credentialing

U.S. Court of Appeals for the Ninth Circuit

March 7, 1997

March 7, 1997

Pleading / Motion / Brief

1997 WL 1997

96-17131

Brief of Defendants-Appellees

Association of Mexican-American Educators v. State of California

U.S. Court of Appeals for the Ninth Circuit

April 7, 1997

April 7, 1997

Pleading / Motion / Brief

1997 WL 1997

96-17131

[Opinion]

U.S. Court of Appeals for the Ninth Circuit

July 12, 1999

July 12, 1999

Order/Opinion

183 F.3d 183

96-17131

97-15422

Brief for the United States and Equal Employment Opportunity Commission as Amici Curiae

Association of Mexican-American Educators (AMAE) v. State of California

U.S. Court of Appeals for the Ninth Circuit

June 2, 2000

June 2, 2000

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10229482/association-of-mexic-v-state-of-california/

Last updated March 13, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) Fee status pd entered on 9/23/92 in the amount of $ 120 ( Receipt No. 23842) (mcl, COURT STAFF) (Entered: 09/24/1992)

Sept. 23, 1992

Sept. 23, 1992

PACER
2

CASE MANAGEMENT SCHEDULING ORDER by WHO : Proof of service to be filed by 11/9/92 ; counsels' case management statement to be filed by 1/11/93 ; initial case management conference will be held 2:00 1/21/93 . (cc: all counsel) (mcl, COURT STAFF) (Entered: 09/24/1992)

Sept. 23, 1992

Sept. 23, 1992

PACER
3

RETURN OF SERVICE executed upon defendant State of California on 9/23/92 (mcl, COURT STAFF) (Entered: 10/05/1992)

Oct. 2, 1992

Oct. 2, 1992

PACER
4

RETURN OF SERVICE executed upon defendant Commission on teacher (c/o agent Marilyn Errett) on 9/23/92 (mcl, COURT STAFF) (Entered: 10/05/1992)

Oct. 2, 1992

Oct. 2, 1992

PACER
5

RETURN OF SERVICE executed upon defendant State of California (c/o Marsha Elam, legal analyst) on 9/23/92 (mcl, COURT STAFF) (Entered: 10/05/1992)

Oct. 2, 1992

Oct. 2, 1992

PACER
6

DECLINATION to proceed before magistrate by defendants (mcl, COURT STAFF) (Entered: 10/09/1992)

Oct. 8, 1992

Oct. 8, 1992

PACER

RECEIVED Stipulation ( defendants) (mcl, COURT STAFF)

Oct. 14, 1992

Oct. 14, 1992

PACER
7

STIPULATION and ORDER by WHO : extending time for defendants up to 11/13/92 to answer (cc: all counsel) (mcl, COURT STAFF) (Entered: 10/19/1992)

Oct. 16, 1992

Oct. 16, 1992

PACER
8

CLERK'S NOTICE Rule 16 conference set for 2:00 1/21/93 (mcl, COURT STAFF) (Entered: 10/19/1992)

Oct. 19, 1992

Oct. 19, 1992

PACER
9

PROOF OF SERVICE by defendant of Stipulation and Order extending time to respond (mcl, COURT STAFF) (Entered: 10/19/1992)

Oct. 19, 1992

Oct. 19, 1992

PACER
10

NOTICE by plaintiffs of order setting Rule 16 Conference (mcl, COURT STAFF) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

PACER
11

DECLINATION to proceed before magistrate by plaintiffs (mcl, COURT STAFF) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

PACER
12

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants on 10/7/92 (mcl, COURT STAFF) (Entered: 10/22/1992)

Oct. 21, 1992

Oct. 21, 1992

PACER
13

FIRST AMENDED COMPLAINT [1-1] by plaintiffs; adding plaintiffs Oakland Alliance of, Viry Kem, Toua Yang, Robert Williams, Agnes Haynes (mcl, COURT STAFF) (Entered: 11/19/1992)

Nov. 16, 1992

Nov. 16, 1992

PACER
14

DECLARATION by Stephanie Wald on behalf of defendant State of California, defendant CA Comm Teacher Cred (mcl, COURT STAFF) (Entered: 11/25/1992)

Nov. 24, 1992

Nov. 24, 1992

PACER
15

ANSWER by defendant State of California, defendant CA Comm Teacher Cred to First Amended complaint [13-1] (mcl, COURT STAFF) (Entered: 12/09/1992)

Dec. 3, 1992

Dec. 3, 1992

PACER

RECEIVED Stipulation for enlargement of time to respond to discovery ( plaintiffs) (mcl, COURT STAFF)

Dec. 15, 1992

Dec. 15, 1992

PACER
16

STIPULATION and ORDER by WHO : extending time to respond to defendants' first interrogatories and requests to produce (cc: all counsel) (mcl, COURT STAFF) (Entered: 12/23/1992)

Dec. 17, 1992

Dec. 17, 1992

PACER
18

NOTICE of appearance of Lawrence W. Schonbrun as counsel for plaintiff class member, Yolanda Luna (mcl, COURT STAFF) (Entered: 01/22/1993)

Jan. 11, 1993

Jan. 11, 1993

PACER
17

JOINT STATUS CONFERENCE STATEMENT (mcl, COURT STAFF) (Entered: 01/15/1993)

Jan. 14, 1993

Jan. 14, 1993

PACER
19

LETTER dated 1/3/93 from Lawrence W. Schonbrun re appearance for class member Yolanda Luna and request for a copy of docket sheet (mcl, COURT STAFF) (Entered: 01/22/1993)

Jan. 15, 1993

Jan. 15, 1993

PACER
20

MINUTES: ( C/R Rosita Flores) Status conference held and cross-motions for summary judgment will be heard by 2:00 5/20/93 (mcl, COURT STAFF) (Entered: 01/25/1993)

Jan. 21, 1993

Jan. 21, 1993

PACER
21

NOTICE of appearance of counsel of class member Yolanda Luna (mcl, COURT STAFF) (Entered: 01/26/1993)

Jan. 22, 1993

Jan. 22, 1993

PACER

RECEIVED Joint Stipulation (mcl, COURT STAFF)

Feb. 4, 1993

Feb. 4, 1993

PACER

RECEIVED Briefing Schedule (mcl, COURT STAFF)

Feb. 4, 1993

Feb. 4, 1993

PACER
23

STIPULATION and ORDER by Senior Judge William H. Orrick : re: briefing schedule ; Deadline for motions for summary judgment filings is 4/1/93 (cc: all counsel) (mcl, COURT STAFF) (Entered: 02/16/1993)

Feb. 8, 1993

Feb. 8, 1993

PACER
22

STIPULATION and ORDER by WHO : re service and filing of pleadings (see order) (cc: all counsel) (mcl, COURT STAFF) (Entered: 02/10/1993)

Feb. 9, 1993

Feb. 9, 1993

PACER
24

NOTICE by plaintiff Yolanda Luna of withdrawal of notice of appearance (mcl, COURT STAFF) (Entered: 03/11/1993)

March 8, 1993

March 8, 1993

PACER
25

MOTION by defendant CA Comm Teacher Cred, defendant State of California for partial summary judgement on Title VI claims before WHO with Notice set for 5/20/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 04/05/1993)

April 1, 1993

April 1, 1993

PACER
26

STATEMENT of undisputed facts by defendants in support of motion for partial summary judgement before WHO [25-1] (mcl, COURT STAFF) (Entered: 04/05/1993)

April 1, 1993

April 1, 1993

PACER
27

MOTION by plaintiffs for partial summary judgement on the applicability of Title VII before WHO with Notice set for 5/20/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 04/05/1993)

April 1, 1993

April 1, 1993

PACER
28

MEMORANDUM of points and authorities by plaintiffsa in support of motion for partial summary judgement before WHO [27-1] (mcl, COURT STAFF) (Entered: 04/05/1993)

April 1, 1993

April 1, 1993

PACER
29

JOINT STIPULATION of facts (mcl, COURT STAFF) (Entered: 04/05/1993)

April 1, 1993

April 1, 1993

PACER
30

CONSENT MOTION by plaintiffs and defendants before WHO to file briefs in excess of 25 pages (mcl, COURT STAFF) (Entered: 04/30/1993)

April 30, 1993

April 30, 1993

PACER

RECEIVED Order granting consent motion re: [30-1] (mcl, COURT STAFF)

April 30, 1993

April 30, 1993

PACER

RECEIVED Stipulation and Order re rescheduling cross motions for summary judgment ( plaintiff, defendant) re: [27-1], re: [25-1] (mcl, COURT STAFF)

May 3, 1993

May 3, 1993

PACER
31

MOTION before Senior Judge William H. Orrick by plaintiff for partial summary judgement on the applicability of Title VI with Notice set for 5/20/93 at 2:00 (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER
32

REQUEST by plaintiff for judicial notice (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER
33

RESPONSE by plaintiffs in opposition to defendants' statement of facts in support of their motion for partial summary judgment (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER
34

MOTION before Senior Judge William H. Orrick by defendant for partial summary judgement on the Title VII claims with Notice set for 6/1/93 at 2:00 (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER
35

BRIEF FILED by defendant regarding motion for partial summary judgement on the Title VII claims [34-1] (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER
36

STATEMENT of facts by defendant in support of motion for partial summary judgement on the Title VII claims [34-1] (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER

RECEIVED J. Symkowick declaration submitted by defendant re: [34-1] (ml, COURT STAFF)

May 3, 1993

May 3, 1993

PACER
37

AFFIDAVIT of Dr. Philip Fitch regarding motion for partial summary judgement on the Title VII claims [34-1] (ml, COURT STAFF) (Entered: 05/06/1993)

May 3, 1993

May 3, 1993

PACER
38

AMICUS BRIEF FILED regarding motion for partial summary judgement on the applicability of Title VI [31-1] (lrc, COURT STAFF) (Entered: 05/10/1993)

May 6, 1993

May 6, 1993

PACER
39

EXHIBITS re memorandum [32-1] (lrc, COURT STAFF) (Entered: 05/12/1993)

May 10, 1993

May 10, 1993

PACER
40

PROOF OF SERVICE by defendant of consent of motion and order (lrc, COURT STAFF) (Entered: 05/12/1993)

May 10, 1993

May 10, 1993

PACER
42

REPLY BRIEF by plaintiffs in support of their motion for partial summary judgement on the applicability of Title VII & the Uniform Guidelines [31-1] (tn, COURT STAFF) (Entered: 05/21/1993)

May 18, 1993

May 18, 1993

PACER
43

REPLY BRIEF by defendants re motion for partial summary judgement on the Title VII claims [34-1] (tn, COURT STAFF) (Entered: 05/21/1993)

May 18, 1993

May 18, 1993

PACER
44

JOINT STIPULATION rescheduling motion for summary judgment oral argument hearing to 6/1/93 at 2:00 p.m. (tn, COURT STAFF) (Entered: 05/21/1993)

May 18, 1993

May 18, 1993

PACER
45

ORDER by Senior Judge William H. Orrick re-setting hearing on oral argument on the cross-motions for summary judgement on the Title VII claims [34-1]; All motions will be heard by 2:00 p.m. on 6/1/93 (cc: all counsel) (tn, COURT STAFF) (Entered: 05/21/1993)

May 18, 1993

May 18, 1993

PACER
41

APPLICATION for submission of amicus curiae brief of California Teachers Association and amicus curiae brief in support of plaintiffs' motion for partial summary judgment (mcl, COURT STAFF) (Entered: 05/20/1993)

May 19, 1993

May 19, 1993

PACER
46

MOTION before WHO by defendant CA Comm Teacher Cred, defendant California, State of to strike amicus brief (mcl, COURT STAFF) (Entered: 05/25/1993)

May 24, 1993

May 24, 1993

PACER
47

OPPOSITION by plaintiffs to motion to strike amicus brief [46-1] (mcl, COURT STAFF) (Entered: 06/01/1993)

May 28, 1993

May 28, 1993

PACER
48

MINUTES: ( C/R Lawrence White) that the motion to strike amicus brief [46-1] is submitted, that the motion for partial summary judgement on the Title VII claims [34-1] is submitted (mcl, COURT STAFF) (Entered: 06/03/1993)

June 1, 1993

June 1, 1993

PACER
49

OPPOSITION by plaintiffs in response to defendants' Title VI statute of limitations argument (mcl, COURT STAFF) (Entered: 06/10/1993)

June 7, 1993

June 7, 1993

PACER
50

REPLY BRIEF FILED by defendants regarding Title VI statute of limitations (mcl, COURT STAFF) (Entered: 06/16/1993)

June 15, 1993

June 15, 1993

PACER
51

OPINION AND ORDER: by WHO granting plaintiffs' motion for partial summary judgement on the applicability of Title VI [31-1], granting plaintiffs' motion for partial summary judgement on the applicability of Title VII before WHO [27-1] denying defendants' motion for partial summary judgement on the Title VII claims [34-1], denying defendants' motion for partial summary judgement on Title VI claims before WHO [25-1] (see order) ( Date Entered: 8/26/93) (cc: all counsel) (mcl, COURT STAFF) (Entered: 08/26/1993)

Aug. 25, 1993

Aug. 25, 1993

Clearinghouse
52

CLERK'S NOTICE Status conference set for 2:00 9/16/93 ; (mcl, COURT STAFF) (Entered: 08/26/1993)

Aug. 26, 1993

Aug. 26, 1993

PACER
53

JOINT STIPULATION AND APPLICATION for rescheduling status conference (mcl, COURT STAFF) (Entered: 09/10/1993)

Sept. 8, 1993

Sept. 8, 1993

PACER

RECEIVED Order rescheduling status conference re: [53-1] (mcl, COURT STAFF)

Sept. 8, 1993

Sept. 8, 1993

PACER
54

ORDER by WHO Status conference reset for 2:00 10/7/93 ; ( Date Entered: 9/14/93) (cc: all counsel) (mcl, COURT STAFF) (Entered: 09/14/1993)

Sept. 10, 1993

Sept. 10, 1993

PACER
55

STATUS CONFERENCE STATEMENT by plaintiffs (mcl, COURT STAFF) (Entered: 10/04/1993)

Sept. 30, 1993

Sept. 30, 1993

PACER
56

MOTION before WHO by defendants for certification for interlocutory appellate review with Notice set for 11/11/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 10/04/1993)

Oct. 1, 1993

Oct. 1, 1993

PACER
57

MEMORANDUM by defendants in support of motion for certification for interlocutory appellate review [56-1] (mcl, COURT STAFF) (Entered: 10/04/1993)

Oct. 1, 1993

Oct. 1, 1993

PACER
58

STATUS CONFERENCE STATEMENT by defendants (mcl, COURT STAFF) (Entered: 10/04/1993)

Oct. 1, 1993

Oct. 1, 1993

PACER
59

MINUTES: ( C/R Jim Yeomans) Status conference held ; plaintiff informs Court that they are filing a motion for class certification to be heard on 11/11/93 ; the Court will set the case for trial at the class certification hearing (mcl, COURT STAFF) (Entered: 10/12/1993)

Oct. 7, 1993

Oct. 7, 1993

PACER
60

MOTION before WHO by plaintiffs to certify class action with Notice set for 11/11/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 10/19/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
61

MEMORANDUM of points and authorities by plaintiffs in support of motion to certify class action [60-1] (mcl, COURT STAFF) (Entered: 10/19/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
62

REQUEST FOR JUDICIAL NOTICE by plaintiffs (mcl, COURT STAFF) (Entered: 10/19/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
63

DECLARATION by John T. Affeldt on behalf of plaintiffs re motion to certify class action [60-1] (mcl, COURT STAFF) (Entered: 10/19/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
64

DECLARATIONS OF PLAINTIFFS re motion to certify class action [60-1] (mcl, COURT STAFF) (Entered: 10/19/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER
66

DECLARATION by Mark Savage on behalf of plaintiffs re motion to certify class action [60-1] (mcl, COURT STAFF) (Entered: 10/22/1993)

Oct. 13, 1993

Oct. 13, 1993

PACER

RECEIVED Order re application for leave of absence ( defendants) (mcl, COURT STAFF)

Oct. 20, 1993

Oct. 20, 1993

PACER
65

APPLICATION by plaintiffs for order shortening time on motion for protective order (mcl, COURT STAFF) (Entered: 10/21/1993)

Oct. 21, 1993

Oct. 21, 1993

PACER

RECEIVED Order granting application for order shortening time ( plaintiffs) re: [65-1] (mcl, COURT STAFF)

Oct. 21, 1993

Oct. 21, 1993

PACER

RECEIVED Notice of motion and motion for protective order submitted by plaintiffs (mcl, COURT STAFF)

Oct. 21, 1993

Oct. 21, 1993

PACER

RECEIVED Brief in support of motion for protective order submitted by plaintiffs (mcl, COURT STAFF)

Oct. 21, 1993

Oct. 21, 1993

PACER

RECEIVED Declaration of John T. Affeldt in support of motion for protective order submitted by plaintiffs (mcl, COURT STAFF)

Oct. 21, 1993

Oct. 21, 1993

PACER

RECEIVED Order granting motion for protective order ( plaintiffs) (mcl, COURT STAFF)

Oct. 21, 1993

Oct. 21, 1993

PACER
67

ORDER by WHO granting plaintiff's application for order shortening time on motion for protective order [65-1] ; motion hearing set for 10/28/93 at 2:00 pm ( Date Entered: 10/25/93) (cc: all counsel) (mcl, COURT STAFF) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER
68

MOTION before WHO by plaintiffs for protective order with Notice set for 10/28/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER
69

BRIEF by plaintiffs in support of motion for protective order [68-1] (mcl, COURT STAFF) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER
70

DECLARATION by John T. Affeldt on behalf of plaintiffs re motion for protective order [68-1] (mcl, COURT STAFF) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER
71

RESPONSE by defendants re plaintiffs' application for order shortening time [65-1] (mcl, COURT STAFF) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER
72

ORDER by WHO granting defendants' counsel leave of absence from 11/8/93 to 11/15/93 inclusive ( Date Entered: 10/25/93) (cc: all counsel) (mcl, COURT STAFF) (Entered: 10/25/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER
73

REPLY by plaintiffs re application for order shortening time [65-1] (mcl, COURT STAFF) (Entered: 10/27/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
74

MOTION before WHO by defendants to continue plaintiff's motion for class certification, and for evidentiary hearing with Notice set for 11/10/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 10/27/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
75

BRIEF by defendants in support of motion to continue plaintiff's motion for class certification [74-1], of motion for evidentiary hearing [74-2] (mcl, COURT STAFF) (Entered: 10/27/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
76

PROOF OF SERVICE by defendant of document nos. 74 and 75 (mcl, COURT STAFF) (Entered: 10/27/1993)

Oct. 26, 1993

Oct. 26, 1993

PACER
77

MEMORANDUM of points and authorities by plaintiffs in opposition to motion for certification for interlocutory appellate review [56-1] (mcl, COURT STAFF) (Entered: 10/28/1993)

Oct. 27, 1993

Oct. 27, 1993

PACER
78

MOTION before WHO by defendants to compel with Notice set for 10/28/93 at 2:00 pm (mcl, COURT STAFF) (Entered: 10/28/1993)

Oct. 27, 1993

Oct. 27, 1993

PACER
79

BRIEF by defendants in support of motion to compel [78-1] (mcl, COURT STAFF) (Entered: 10/28/1993)

Oct. 27, 1993

Oct. 27, 1993

PACER
80

DECLARATION by Nancy Ryan on behalf of defendants re motion to compel [78-1] (mcl, COURT STAFF) (Entered: 10/28/1993)

Oct. 27, 1993

Oct. 27, 1993

PACER
81

BRIEF by defendants in opposition to motion to certify class action [60-1] (mcl, COURT STAFF) (Entered: 10/28/1993)

Oct. 27, 1993

Oct. 27, 1993

PACER

RECEIVED Videotape Stipulation (mcl, COURT STAFF)

Oct. 28, 1993

Oct. 28, 1993

PACER
82

MINUTES: ( C/R Raymond Linkerman) hearing on motion for protective order ; staying all discovery ; motion for class certification set for 11/10/93 will be continued (mcl, COURT STAFF) (Entered: 11/01/1993)

Oct. 28, 1993

Oct. 28, 1993

PACER
83

STIPULATION and ORDER by WHO : re videotape deposition of individual plaintiffs (cc: all counsel) (mcl, COURT STAFF) (Entered: 11/01/1993)

Oct. 29, 1993

Oct. 29, 1993

PACER
84

DECLARATION by Nancy E. Ryan on behalf of defendants certifying discovery conference (mcl, COURT STAFF) (Entered: 11/01/1993)

Nov. 1, 1993

Nov. 1, 1993

PACER
85

CLERK'S NOTICE resetting hearing on defendants' motion for certification for interlocutory appellate review [56-1] 2:00 11/10/93 (mcl, COURT STAFF) (Entered: 11/02/1993)

Nov. 1, 1993

Nov. 1, 1993

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Education

Key Dates

Filing Date: Sept. 23, 1992

Closing Date: Jan. 25, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three educators' associations, their members, and fifteen individual educators suing on behalf of Latino, African American, and Asian California public school credential or job applicants past, present, and future who have been or will be denied credentials or certificated positions based on the California Basic Educational Skills Test.

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

State of California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Education

Test or device

Discrimination-area:

Disparate Impact

Hiring

Testing

Discrimination-basis:

Race discrimination

Race:

Asian/Pacific Islander

Black

Race, unspecified

National Origin/Ethnicity:

Hispanic