Case: Lane v. Santa Cruz Metro. Transit District

5:02-cv-01808 | U.S. District Court for the Northern District of California

Filed Date: April 16, 2002

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On April 16, 2002, plaintiffs, Santa Cruz residents who suffered various forms of blindness, filed a complaint against the state transit agency in the United States District Court for the District of Northern California for violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq.; (2) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. and various state laws. Plaintiffs sought injunctive and monetary relief.Plaintiffs claim that the defendant…

On April 16, 2002, plaintiffs, Santa Cruz residents who suffered various forms of blindness, filed a complaint against the state transit agency in the United States District Court for the District of Northern California for violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq.; (2) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. and various state laws. Plaintiffs sought injunctive and monetary relief.

Plaintiffs claim that the defendant failed to implement systems to announce at which stop a bus was stopping and, for individuals waiting at a bus stop, to announce which bus had arrived. Thus, the plaintiffs alleged they had missed stops and taken the wrong bus. The plaintiffs alleged the defendant had been aware of its inaccessible bus system since at least 1989 and that bus drivers were not helpful and lacked training.

On July 11, 2003, the parties entered into a settlement agreement and filed it with the court. The defendant agreed to install "talking technology" equipment to announce bus stops, ensure discipline of drivers who did not comply with the changes, and pay for an outside agency to monitor compliance by riding buses for at least 100 hours per quarter. The agreement was to last two years from the date on which the last bus was fitted with the talking technology. The defendant also agreed to pay $5000 to each plaintiff and $135,000 in attorneys' fees and costs.

On July 22, 2003, the court dismissed the case by stipulation. The case is now closed.

Summary Authors

Eric Weiler (5/27/2010)

People


Judge(s)

Lloyd, Howard R. (California)

Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Kilb, Linda D. (California)

Attorney for Defendant

Shureen, Donald Douglas (California)

Smith, Ted Aubrey Vincett (California)

Judge(s)

Lloyd, Howard R. (California)

Whyte, Ronald M. (California)

show all people

Documents in the Clearinghouse

Document

5:02-cv-01808

Docket

July 22, 2003

July 22, 2003

Docket
1

5:02-cv-01808

Complaint

April 16, 2002

April 16, 2002

Complaint
8

5:02-cv-01808

First Amended Complaint

June 13, 2002

June 13, 2002

Complaint
10

5:02-cv-01808

Defendant Santa Cruz Metropolitan Transit District's Motion To Dismiss Plaintiffs' 6th Claim For Relief For Failure To State A Claim Upon Which Relief May Be Granted [F.R.C.P. §12(b)(6)]

July 3, 2002

July 3, 2002

Pleading / Motion / Brief
17

5:02-cv-01808

Plaintiffs' Memorandum In Opposition To Defendant Santa Cruz Metropolitan Transit District's Motion To Dismiss Plaintiffs' 6th Claim For Relief For Failure To State A Claim Upon Which Relief May Be Granted

Sept. 26, 2002

Sept. 26, 2002

Pleading / Motion / Brief
18

5:02-cv-01808

Defendant Santa Cruz Metropolitan Transit District's Reply Brief In Support Of Its Motion To Dismiss Plaintiffs' 6th Claim For Failure To State A Claim Upon Which Relief May Be Granted [F.R.C.P. §12(b)(6)]

Oct. 4, 2002

Oct. 4, 2002

Pleading / Motion / Brief
24

5:02-cv-01808

Order Granting Defendant's Motion To Dismiss Plaintiffs' 6th Claim For Failure To State A Claim Upon Which Relief May Be Granted

Nov. 7, 2002

Nov. 7, 2002

Order/Opinion
28

5:02-cv-01808

Defendant Santa Cruz Metropolitan Transit District's Answer To First Amended Complaint

Nov. 25, 2002

Nov. 25, 2002

Pleading / Motion / Brief

5:02-cv-01808

Settlement Agreement and Release

No Court

June 9, 2003

June 9, 2003

Settlement Agreement
37

5:02-cv-01808

Order of Dismissal

July 22, 2003

July 22, 2003

Order/Opinion

Docket

Last updated Feb. 19, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ;Summons issued; Jury Demand; against Santa Cruz Metropolitan Transit District (Filing fee $150 receipt number 5505010). Filed by Deborah A. Lane, Joshua E. Loya. (dhm, ) Additional attachment(s) added on 5/1/2002 (dhm, ). (Entered: 04/16/2002)

April 16, 2002

April 16, 2002

Summons Issued as to Santa Cruz Metropolitan Transit District (dhm, ) (Entered: 04/16/2002)

April 16, 2002

April 16, 2002

2

ADR SCHEDULING ORDER: Case Management Statement due by 8/9/2002. Case Management Conference set for 8/16/2002 at 10:30 AM. (dhm, ) (Entered: 04/16/2002)

April 16, 2002

April 16, 2002

3

CERTIFICATE OF SERVICE by Deborah A. Lane, Joshua E. Loya Proof of Service of Complaint (Fox, Timothy) (Entered: 05/02/2002)

May 2, 2002

May 2, 2002

4

STIPULATION re 1 Extension of Time to File Response to Plaintiff's Complaint by Santa Cruz Metropolitan Transit District. (Smith, A.) (Entered: 05/08/2002)

May 8, 2002

May 8, 2002

5

CERTIFICATE OF SERVICE by Santa Cruz Metropolitan Transit District re 1 (Smith, A.) (Entered: 05/08/2002)

May 8, 2002

May 8, 2002

6

STIPULATION for Extension of Time to File Response to Plaintiffs' Complaint by Santa Cruz Metropolitan Transit District. (Shureen, D.) (Entered: 05/20/2002)

May 20, 2002

May 20, 2002

7

STIPULATION Regarding Amended Complaint by Santa Cruz Metropolitan Transit District. (Shureen, D.) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

8

AMENDED COMPLAINT against all defendants. Filed by Deborah A. Lane, Joshua E. Loya. (Attachments: # 1 Signature Page (Declarations/Stipulations) Signatures of Plaintiffs)(Fox, Timothy) (Entered: 06/13/2002)

June 13, 2002

June 13, 2002

9

STIPULATION Concerning Punitive Damages by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (Fox, Timothy) (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

10

First MOTION to Dismiss Plaintiffs' 6th Claim for Relief filed by Santa Cruz Metropolitan Transit District. Motion Hearing set for 10/18/2002 09:00 AM. (Attachments: # 1 Affidavit # 2 Proposed Order # 3)(Shureen, D.) (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

CASE REFERRED to Magistrate Judge for Discovery Howard R. Lloyd. (dhm, ) (Entered: 07/10/2002)

July 10, 2002

July 10, 2002

11

ORDER REFERRING CASE to Magistrate Judge Howard R. Lloyd for Discovery purposes. Signed by Judge Patricia V. Trumbull on 7/11/2002. (dhm, ) (Entered: 07/12/2002)

July 12, 2002

July 12, 2002

12

STIPULATION selecting Mediation by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District (Attachments: # 1 Proposed Order For Referral to Court−Sponsored Mediation)(Fox, Timothy) (Entered: 07/26/2002)

July 26, 2002

July 26, 2002

13

JOINT CASE MANAGEMENT STATEMENT &Stipulation filed by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (Attachments: # 1 Proposed Order Regarding Case Management Statement)(Fox, Timothy) (Entered: 08/02/2002)

Aug. 2, 2002

Aug. 2, 2002

14

ORDER re 12 Selecting ADR Process. Signed by Judge Ronald M. Whyte on 8/5/02. (jv, ) (Entered: 08/05/2002)

Aug. 5, 2002

Aug. 5, 2002

15

STIPULATION Requesting Setting of Case Management Conference by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (Attachments: # 1 Proposed Order Setting Case Management Conference)(Fox, Timothy) (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

17

Memorandum in Opposition re 10 Defendant Santa Cruz Metropolitan Transit District's Motion to Dismiss Plaintiffs' 6th Claim for Relief for Failure to State a Claim Upon Which Relief May Be Granted filed by Deborah A. Lane, Joshua E. Loya. (Fox, Timothy) (Entered: 09/26/2002)

Sept. 26, 2002

Sept. 26, 2002

18

Reply Memorandum to Motion re 10 Motion to Dismiss Plaintiffs' 6th Claim for Relief for Failure to State a Claim Upon Which Relief May Be Granted filed by Santa Cruz Metropolitan Transit District. (Shureen, D.) (Entered: 10/04/2002)

Oct. 4, 2002

Oct. 4, 2002

19

CLERK'S NOTICE CONTINUING SETTLEMENT CONFERENCE; Settlement Conference set for 11/15/2002 09:00 AM. (mp, ) (Entered: 10/18/2002)

Oct. 18, 2002

Oct. 18, 2002

20

ORDER re Motion to Dismiss 10 Motion Hearing set for 11/1/2002 09:00 AM. Signed by Judge Ronald M. Whyte on 10/30/2002. (dhm, ) (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

21

JOINT STIPULATED MOTION re 10 to continue motion date by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (dhm, ) Modified on 10/31/2002 (dhm, ). (Entered: 10/31/2002)

Oct. 30, 2002

Oct. 30, 2002

23

Letter from D. Douglas Shureen dated 10/17/2002 requesting continuance of 10/18/2002 hearing date.. (dhm, ) (Entered: 11/05/2002)

Oct. 30, 2002

Oct. 30, 2002

22

Minute Entry: Motion Hearing re 10 held on 11/1/2002 before Ronald M. Whyte. (Court Reporter Lee−Anne Shortridge.) (jv, ) (Entered: 11/04/2002)

Nov. 4, 2002

Nov. 4, 2002

24

ORDER by Judge RMW granting 10 Motion to Dismiss Plaintiffs' Sixth Claim for Relief(rmwlc2) (Entered: 11/07/2002)

Nov. 7, 2002

Nov. 7, 2002

25

Minute Entry: Settlement Conference held on 11/15/2002 before Edward A. Infante. Further Settlement Conference set for 1/13/2003 at 01:30 PM.; Supplemental briefs are due no later than 01/10/2003 at 12:00 PM.() (mp, ) (Entered: 11/15/2002)

Nov. 15, 2002

Nov. 15, 2002

26

STIPULATION JOINT STIPULATION EXTENDING THE DATE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT by Santa Cruz Metropolitan Transit District. (Shureen, D.) (Entered: 11/18/2002)

Nov. 18, 2002

Nov. 18, 2002

27

Joint MOTION to Continue &Reset Case Management Conference filed by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (Attachments: # 1 Proposed Order)(Fox, Timothy) (Entered: 11/21/2002)

Nov. 21, 2002

Nov. 21, 2002

28

ANSWER to Amended Complaint by Santa Cruz Metropolitan Transit District. (Shureen, D.) (Entered: 11/25/2002)

Nov. 25, 2002

Nov. 25, 2002

29

ORDER to Reset Case Management Conference. Case Management Conference set for 2/14/2003 at 10:30 AM. Signed by Judge Ronald M. Whyte on 12/4/02. (jv, ) (Entered: 12/04/2002)

Dec. 4, 2002

Dec. 4, 2002

30

JOINT CASE MANAGEMENT STATEMENT &Stipulation Regarding Proposed Spring 2003 Case Schedule &Continuance of CMC filed by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (Attachments: # 1 Proposed Order Regarding Spring 2003 Case Schedule &Continuance of CMC)(Fox, Timothy) (Entered: 02/07/2003)

Feb. 7, 2003

Feb. 7, 2003

31

ORDER re 30 REGARDING SPRING 2003 CASE SCHEDULE AND CONTINUANCE OF CMC. Signed by Judge Ronald M. Whyte on 3/13/03. (jv, ) (Entered: 03/13/2003)

March 13, 2003

March 13, 2003

34

CERTIFICATE/PROOF OF SERVICE by Santa Cruz Metropolitan Transit District of Supplemental Settlement Conference Statement (gm, ) (Entered: 04/22/2003)

April 21, 2003

April 21, 2003

32

Minute Entry: Settlement Conference held on 4/21/2003 before Judge Edward A. Infante. Case settled. () (mp, ) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

33

AMENDED Minute Entry: Settlement Conference held on 4/21/2003 before Judge Edward A. Infante. () (mp, ) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

36

STIPULATION of Dismissal Pursuant to Terms of Settlement by Deborah A. Lane, Joshua E. Loya, Santa Cruz Metropolitan Transit District. (Attachments: # 1 Proposed Order)(Fox, Timothy) (Entered: 07/11/2003)

July 11, 2003

July 11, 2003

37

ORDER of Dismissal. Signed by Judge Ronald M.Whyte on 7/22/03. (jv, ) (Entered: 07/22/2003)

July 22, 2003

July 22, 2003

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 16, 2002

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two blind individuals riding public bus system

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State public transportation agency (Santa Cruz), Regional

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

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $145,000

Order Duration: 2003 - 2005