Case: Lopez v. S.F. Unified Sch. Dist.

3:99-cv-03260 | U.S. District Court for the Northern District of California

Filed Date: July 6, 1999

Clearinghouse coding complete

Case Summary

On July 6, 1999, persons with mobility or visual impairments who were denied access to programs, services, facilities, and activities provided by the San Francisco Unified School District ("School District"), filed a class action against the School District in the United States District Court for the Northern District of California. Plaintiffs filed suit under the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act of 1973, and 42 U.S.C § 1983, alleging discriminatio…

On July 6, 1999, persons with mobility or visual impairments who were denied access to programs, services, facilities, and activities provided by the San Francisco Unified School District ("School District"), filed a class action against the School District in the United States District Court for the Northern District of California. Plaintiffs filed suit under the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act of 1973, and 42 U.S.C § 1983, alleging discrimination regarding physical and program access for persons with mobility and/or vision disabilities.

On January 12, 2001, plaintiffs moved to certify a student class and an adult class. On May 2, 2001, the District Court (Judge Susan Illston) certified the following two classes: 1) All persons disabled by mobility and/or visual impairments who had enrolled as students in the School District since July 6, 1996 and who had allegedly been denied their right to access the programs, services, activities and/or facilities of the School District as a result of physical barriers, and 2) All persons (other than students) disabled by mobility and/or visual impairments who had allegedly been denied their right to access the programs, services, activities and/or facilities of the School District as a result of physical barriers.

On December 11, 2001, Judge Illston issued an order requiring interim barrier removal while the School District completed a plan for providing access to students with disabilities. Judge Illston issued a stay of substantive discovery to allow the School District to develop and implement this plan. In April 2002, the stay was lifted and discovery commenced.

On June 27, 2003, the School District filed a Motion to Decertify the Class, which was denied by Judge Illston on September 8, 2003 (2003 WL 26114018).

Plaintiffs filed a Motion for Partial Summary Judgment on March 12, 2004. On April 20, 2004, Judge Illston granted plaintiffs' motion as to their claims that the School District failed to perform new construction and alterations in conformance with the ADA Accessibility Guidelines (2004 WL 6061306).

The parties agreed to a Stipulated Judgment resolving all of the class claims on June 15, 2004. The Stipulated Judgment was approved by the District Court on October 5, 2004. The settlement required the School District to renovate 96 school and child development center facilities by June 2012 to make them ADA-compliant; maintain access features at each school; provide accessible transportation and paraprofessional aides for field trips; provide students with mobility disabilities or vision disabilities equivalent opportunities to participate in athletic programs; develop and maintain an Access Guide and provide training and information to school personnel; develop an individualized emergency evacuation plan for each student with a mobility disability or a vision disability; and provide reports to Class Counsel and permit inspection of the School District's facilities to verify compliance. The requirements of the settlement were to remain in effect until May 31, 2012 or until the access work was completed.

The parties were unable to settle the plaintiffs' fee claim, and plaintiffs filed a Motion for Attorneys' fees and Costs on October 15, 2004. Judge Illston granted this motion in part on August 16, 2005. Lopez v. San Francisco Unified Sch. Dist., 385 F. Supp. 2d 981 (N.D. Cal. 2005). Plaintiffs requested over $9 million in attorneys' fees and over $1 million in costs. Judge Illston awarded $5,975,288.78 in attorneys' fees and $975,031.49 in costs.

On October 1, 2013, Judge Illston terminated jurisdiction over the matter except as to any disputes over attorneys' fees with respect to monitoring. Class Counsel concluded that the School District had successfully completed the access work and discharged its other obligations under the Stipulated Judgment.

As of November 2, 2018, nothing further has been filed regarding attorneys' fees.

Summary Authors

Samantha Kirby (11/4/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5790127/parties/lopez-v-sf-unified-school/


Judge(s)
Attorney for Plaintiff

Allen, Jose R (California)

Bossing, Lewis (California)

Colby, Sarah (California)

Attorney for Defendant

Baker, D. Cameron (California)

Emery, James Moxon (California)

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Documents in the Clearinghouse

Document

3:99-cv-03260

Docket [PACER]

Lopez v. S.F. Unified Sch. Dist.

Oct. 2, 2013

Oct. 2, 2013

Docket
342

3:99-cv-03260

Order Denying Defendants' Motion to Decertify Class

Sept. 8, 2003

Sept. 8, 2003

Order/Opinion
470

3:99-cv-03260

Order [Granting Plaintiffs' Motion for Summary Judgment]

April 20, 2004

April 20, 2004

Order/Opinion

3:99-cv-03260

Stipulated Judgment

July 1, 2004

July 1, 2004

Order/Opinion
676

3:99-cv-03260

Order Awarding Attorneys' Fees and Costs; and Reviewing Taxation of Costs

Aug. 16, 2005

Aug. 16, 2005

Order/Opinion
785

3:99-cv-03260

Stipulation and Order Terminating Jurisdiction

Oct. 1, 2013

Oct. 1, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5790127/lopez-v-sf-unified-school/

Last updated Feb. 10, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT − Summons(es) issued; Fee status pd entered on 7/6/99 in the amount of $ 150.00 (Receipt No. 3302432); jury demand [3:99−cv−03260] (lh, COURT STAFF) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

2

ORDER RE COURT PROCEDURE and SCHEDULE by Mag. Judge Elizabeth D. Laporte : Proof of service to be filed by 8/20/99 ; counsels' case management statement to be filed by 11/1/99 ; initial case management conference will be held 10:00 11/9/99 . (cc: all counsel) (lh, COURT STAFF) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

3

OPPOSITION by Plaintiffs` to the assignment of the case to a Magistrate Judge and reuest for reassignment. [3:99−cv−03260] (db, COURT STAFF) (Entered: 07/23/1999)

July 21, 1999

July 21, 1999

4

CLERK'S NOTICE The case management conference set 11/9/99 at 10:00 am will not be held. Notice of impending reassignment to a US District Court Judge [3:99−cv−03260] (db, COURT STAFF) (Entered: 07/26/1999)

July 22, 1999

July 22, 1999

5

ORDER by Assignment Committee Case reassigned to Judge Susan Illston (Date Entered: 7/28/99) (cc: all counsel) [3:99−cv−03260] (lh, COURT STAFF) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

6

CLERK'S NOTICE Initial Case Management Conference set for 2:00 11/12/99 ; a joint case management statement must be filed one week prior to the conference. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 08/03/1999)

July 30, 1999

July 30, 1999

7

PROOF OF SERVICE by Plaintiffs of case management schedule order [2−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 08/11/1999)

Aug. 6, 1999

Aug. 6, 1999

8

WAIVER OF SERVICE by defendant SF Unified School served on 8/19/99 in response to the Request for Waiver sent on 7/21/99 [3:99−cv−03260] (lh, COURT STAFF) (Entered: 08/24/1999)

Aug. 20, 1999

Aug. 20, 1999

9

FIRST AMENDED COMPLAINT [1−1] by Plaintiffs. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 09/03/1999)

Aug. 31, 1999

Aug. 31, 1999

10

STIPULATION and ORDER by Judge Susan Illston : extending time for defendants SFUSD and Linda Davis to answer until 10/8/99. (cc: all counsel) [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 09/27/1999)

Sept. 24, 1999

Sept. 24, 1999

11

PROOF OF SERVICE by SF Unified School of Scheduling order extending time for defendants SFUSD and Linda Davis to answer until 10/8/99. [10−1], order [10−2] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

12

CLERK'S NOTICE Case Management Conference advanced for 9:30 11/10/99 ; [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 09/30/1999)

Sept. 29, 1999

Sept. 29, 1999

13

NOTICE OF MOTION AND MOTION with MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT before Judge Susan Illston by defendant SF Unified School, defendant Linda Davis to dismiss First Amended Complaint with Notice set for Dec. 10,1999 at 9:00a.m. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 10/26/1999)

Oct. 22, 1999

Oct. 22, 1999

14

RE−NOTICE of hearing by defendant SF Unified School, defendant Linda Davis setting motion to dismiss First Amended Complaint [13−1] ; hearing set for 9:00 1/7/00 [3:99−cv−03260] (cgd, COURT STAFF) Modified on 01/16/2001 (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

15

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

16

CLERK'S NOTICE Initial Case Management Conference continued for 2:00 2/11/00 ; [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

18

STIPULATION and ORDER by Judge Susan Illston of filing of plaintiff's second amended complaint. (cc: all counsel) [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 12/23/1999)

Dec. 22, 1999

Dec. 22, 1999

19

SECOND AMENDED COMPLAINT by Plaintiff Roxanne Lopez, Plaintiff Frank Marone, Plaintiff Teresa Gallegos terminating Plaintiff Robert R. Planthold; adding Hugo Lopes [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 12/23/1999)

Dec. 22, 1999

Dec. 22, 1999

20

NOTICE by defendant SF Unified School, defendant Linda Davis withdrawing motion to dismiss First Amended Complaint [13−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/04/2000)

Dec. 29, 1999

Dec. 29, 1999

21

ANSWER by defendants to Second Amended complaint [19−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/12/2000)

Jan. 11, 2000

Jan. 11, 2000

22

DEMAND for jury trial by defendants. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/19/2000)

Jan. 14, 2000

Jan. 14, 2000

23

ORDER by Judge Susan Illston withdrawing attorney Gretchen A. Ramos for Linda Davis, attorney Debra S. Strumer for Linda Davis, attorney Jerome N. Lerch for Linda Davis, attorney Gretchen A. Ramos for SF Unified School, attorney Debra S. Strumer for SF Unified School, attorney Jerome N. Lerch for SF Unified School and substituting attorney Daniel Bernhard, Deputy City Attorney. ( Date Entered: 01/21/00) (cc: all counsel) [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

24

DECLARATION OF SERVICE by defendant of Notice of substitution of counsel [23−1], order [23−2] [3:99−cv−03260] (lmh, COURT STAFF) (Entered: 01/26/2000)

Jan. 24, 2000

Jan. 24, 2000

25

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 02/09/2000)

Feb. 4, 2000

Feb. 4, 2000

26

MINUTES: ( C/R none) ( Hearing Date: 2/11/00) : Initial case management conference − Held. Further Case Management Conference set for 2:30 4/28/00 . This case shall be referred to Mag. Judge James or Spero for purposes of settlement. The settlement conference shall occur during the last week in March 2000 or first week in April 2000. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 02/16/2000)

Feb. 15, 2000

Feb. 15, 2000

REFERRAL: referring case for settlement to Mag. Judge Maria−Elena James [3:99−cv−03260] (wh, COURT STAFF) (Entered: 02/16/2000)

Feb. 16, 2000

Feb. 16, 2000

27

LETTER dated 3/16/00 from Guy B. Wallace with regard to defendants' failure to respond to plaintiffs' discovery requests. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/20/2000)

March 16, 2000

March 16, 2000

28

PROOF OF SERVICE by Plaintiff of letter [27−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/22/2000)

March 16, 2000

March 16, 2000

29

NOTICE AND ORDER OF SETTLEMENT ORDER by Mag. Judge Maria−Elena James : ; stlmnt conf set for 10:00 4/5/00 MEJ (cc: all counsel) [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/22/2000)

March 17, 2000

March 17, 2000

30

LETTER dated 3/17/00 from Daniel T. Bernhard in response to the letter from Mr. Wallace dated 3/16/00. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/24/2000)

March 22, 2000

March 22, 2000

31

LETTER dated 3/20/00 from Guy B. Wallace, counsel for plaintiffs in response to letter dated 3/17/00 from Mr. Bernhard. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/24/2000)

March 22, 2000

March 22, 2000

32

LETTER dated 3/21/00 from Daniel T. Bernhard in response to Mr. Wallace's 3/20/00 letter to the Court. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/24/2000)

March 22, 2000

March 22, 2000

33

ORDER Re: Discovery by Judge Susan Illston. On 3/16/00, plaintiffs filed a letter brief requesting that the Court order defendants to comply with plaintiffs' document requests and interrogatories by a date certain. Defendants have offered to make some documents available for on site review on 3/23 and 3/24/00; to respond to plaintiffs' requests by 3/22/00; and to respond plaintiffs' interrogatories by 3/31/00. Given defendants' promise to offer a complete response by 3/31/00, it appears that plaintiffs' request is now moot. It is therefore DENIED. To the extent that plaintiffs object to defendants' limitation of the time period for document review to two days or are dissatisfied with defendants' responses to their document requests and interrogatories, the parties should meet and confer about their disagreements and then, if rulings on any outstanding disputes are necessary, file letter briefs with the Court at that time. ( Date Entered: 3.31.00) (cc: all counsel) [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

34

SETTLEMENT CONFERENCE MINUTES: () ( Hearing Date: 4/5/00) Settlement conference held , Further Settlement conf. (Mag) at 2:00 9/21/00 ; [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 04/12/2000)

April 5, 2000

April 5, 2000

35

ORDER by Mag. Judge Maria−Elena James Further Settlement conf. (Mag) at 2:00 9/21/00 ; Order staying discovery subject to order herein requiring defendants to provide plaintiff's documents. ( Date Entered: 4.14.00) (cc: all counsel) [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 04/14/2000)

April 11, 2000

April 11, 2000

36

MINUTES: ( C/R none) ( Hearing Date: 4/28/00) : Further case management conference − Held. Further Case Management Conference set for 2:30 7/28/00. Defendant shall produce to plaintiff the emergency evacuation plans for children with disabilities and any architectural drawings. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 05/05/2000)

May 2, 2000

May 2, 2000

37

JOINT CASE MANAGEMENT CONFERENCE STATEMENT. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 07/25/2000)

July 21, 2000

July 21, 2000

38

MINUTES: ( C/R none) ( Hearing Date: 7/28/00) : Further case management conference − Held. Further Case Management Conference set for 2:30 12/15/00 ; Deadline for all motion filings is 11/9/00 (Oppo 11/27/00, Reply 12/4/00). All motions will be heard by 9:00 12/15/00 . The stay on discovery has been lifted as to the discovery needed to certify the class and on safety issues. "The Plan" must be submitted by 9/1/00. Plaintiff must produce its four expert reports next week. Plaintiff shall conduct eight more site inspections. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 08/03/2000)

July 31, 2000

July 31, 2000

39

NOTICE by defendant SF Unified School of association of attorney Stewart H. Foreman [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 08/04/2000)

Aug. 2, 2000

Aug. 2, 2000

40

LETTER dated 8/22/00 from Guy B. Wallace [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 08/28/2000)

Aug. 24, 2000

Aug. 24, 2000

41

ORDER by Mag. Judge Maria−Elena James Settlement conf. (Mag) at 2:00 10/25/00 ( Date Entered: 9/29/00) (cc: all counsel) [3:99−cv−03260] (ab, COURT STAFF) (Entered: 09/29/2000)

Sept. 22, 2000

Sept. 22, 2000

42

MINUTES: ( C/R Not Reported) ( Hearing Date: 10/25/00) Settlement Conference held , Settlement conf. (Mag) Maria−Elena James at 2:00pm on 2/15/01 ; [3:99−cv−03260] (mr, COURT STAFF) (Entered: 10/31/2000)

Oct. 25, 2000

Oct. 25, 2000

43

STIPULATION and ORDER by Judge Susan Illston : certifying class action scheduled for 2/16/01 9 a.m. (cc: all counsel) [3:99−cv−03260] (ab, COURT STAFF) (Entered: 11/22/2000)

Nov. 9, 2000

Nov. 9, 2000

44

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03260] (RS, COURT STAFF) (Entered: 12/18/2000)

Dec. 15, 2000

Dec. 15, 2000

45

MINUTES: ( C/R none) ( Hearing Date: 12/15/00) : Further case management conf. − Held. Further Case Management Conference continued for 2:30 2/16/01 ; Plaintiff's motion for class certification will be heard by 9:00 2/16/01 ; Defendant shall answer the request for interrogatories by 12/18/00 and respond to the document requests by 12/20/00. Defendant shall also inform plaintiff how it obtain it's information gathered for the mobility/vision impaired survey. Plaintiff must write a letter specifically requesting the demographics used in the survey. Defendant send to plaintiff a letter confirming it's handling of the alleged teacher misconduct. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 12/20/2000)

Dec. 19, 2000

Dec. 19, 2000

47

DECLARATION by Claudia Center on behalf of Plaintiffs in support of motion for class certification. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

48

DECLARATION by Raquel Montenegro−Calvello on behalf of Plaintiffs in support of class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

49

DECLARATION by Teresa Gallegos on behalf of Plaintiffs class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

50

DECLARATION by Robert Planthold on behalf of Plaintiffs in support of class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

51

DECLARATION by Hugo Lopez on behalf of Plaintiffs in support of class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

52

DECLARATION by John Paul Maestas on behalf of Plaintiffs in support of motion for class certification. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

53

DECLARATION by Ruby Tsang−Cheung on behalf of Plaintiffs in support of class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

54

DECLARATION by Audrey Dechadenedes on behalf of Plaintiffs class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

55

DECLARATION by Frank Marone on behalf of Plaintiffs in support of plaintiffs' class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

56

DECLARATION by Elena Pena on behalf of Plaintiffs class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

57

DECLARATION by Peter Margen on behalf of Plaintiffs class certification motion. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

58

DECLARATION by Jose R. Allen on behalf of Plaintiffs in support of motion for class certification. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

59

PROOF OF SERVICE by Plaintiff of declaration [58−1], declaration [57−1], declaration [56−1], declaration [55−1], declaration [54−1], declaration [53−1], declaration [52−1], declaration [51−1], declaration [50−1], declaration [49−1], declaration [48−1], declaration [47−1], declaration [46−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

60

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Susan Illston by Plaintiffs to certify class action with Notice set for Feb. 16, 2001 at 9:00a.m. [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/19/2001)

Jan. 12, 2001

Jan. 12, 2001

61

DECLARATION by Guy B. Wallace on behalf of Plaintiffs re motion to certify class action [60−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/19/2001)

Jan. 12, 2001

Jan. 12, 2001

62

DECLARATION by Clint J. Brayton on behalf of Plaintiffs re motion to certify class action [60−1] [3:99−cv−03260] (cgd, COURT STAFF) (Entered: 01/19/2001)

Jan. 12, 2001

Jan. 12, 2001

63

LETTER dated 2/7/01 from Guy B. Wallace confirming the rescheduling of the settlement conference to 4/2/01 at 2:00 p.m. [3:99−cv−03260] (RS, COURT STAFF) (Entered: 02/14/2001)

Feb. 9, 2001

Feb. 9, 2001

Docket Modification (Administrative) to letter [63−1] Settlement conf. (Mag) at 2:00 4/2/01 ; [3:99−cv−03260] (RS, COURT STAFF) (Entered: 02/14/2001)

Feb. 9, 2001

Feb. 9, 2001

64

STIPULATION and ORDER by Judge Susan Illston : resetting hearing on motion to certify class action [60−1] 9:00 3/23/01 (cc: all counsel) [3:99−cv−03260] (RS, COURT STAFF) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

65

STIPULATION and ORDER by Judge Susan Illston : sealing declarations of minor students (cc: all counsel) FILED UNDER SEAL [3:99−cv−03260] (RS, COURT

Feb. 13, 2001

Feb. 13, 2001

Docket Modification (Administrative) to letter [66−1] Case Management Conference set for 2:30 4/20/01 ; [3:99−cv−03260] (RS, COURT STAFF) (Entered: 02/22/2001)

Feb. 16, 2001

Feb. 16, 2001

67

MINUTES: ( C/R None) ( Hearing Date: 04/20/01) Further Case Management Conference set for 2:30 8/24/01 ; the parties have agreed upon the class certification motion. The parties informed the Court that they are in the process of scheduling a settlement conference before Magistrate−Judge James in August 2001 [3:99−cv−03260] (ys, COURT STAFF) Modified on 05/07/2001 (Entered: 05/07/2001)

April 24, 2001

April 24, 2001

68

JOINT STIPULATION and ORDER re CLASS CERTIFICATION by Judge Susan Illston : (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 05/15/2001)

May 2, 2001

May 2, 2001

RECEIVED Notice of substitution of attorneys submitted by defendants. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 05/16/2001)

May 3, 2001

May 3, 2001

RECEIVED Joint Stipulation and Proposed Order re Continuance of Settlement Conference submitted by Plaintiffs [3:99−cv−03260] (ys, COURT STAFF) (Entered: 05/16/2001)

May 4, 2001

May 4, 2001

69

ORDER by Judge Susan Illston withdrawing attorney Stewart H. Foreman for SF Unified School and substituting attorney Mariam M. Morley ( Date Entered: 05/18/01) (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 05/18/2001)

May 7, 2001

May 7, 2001

70

STIPULATION and ORDER by Mag. Judge Elizabeth D. Laporte : Settlement conf. (Mag) reset at 2:00 8/8/01 ;The parties shall file their settlement conference statements by no later than 7/25/01 (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 05/21/2001)

May 8, 2001

May 8, 2001

71

SETTLEMENT CONFERENCE MINUTES: ( C/R None) ( Hearing Date: 8/8/01) Settlement conference held , Further Settlement conf. (Mag) at 2:00 9/17/01 ; [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/10/2001)

Aug. 8, 2001

Aug. 8, 2001

72

Notice and ORDER of Further Settlement Conference by Mag. Judge Maria−Elena James Settlement conf. (Mag) at 2:00 9/17/01 ; ( Date Entered: 8/13/01) (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/13/2001)

Aug. 9, 2001

Aug. 9, 2001

73

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/14/2001)

Aug. 10, 2001

Aug. 10, 2001

74

ATTORNEY SUBSTITUTION: terminating attorney Daniel T. Bernhard for SF Unified School as counsel for by defendant SF Unified School and substituting attorney Owen P. Martikan [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/16/2001)

Aug. 14, 2001

Aug. 14, 2001

75

LETTER dated 8/13/01 from plaintiffs' counsel Guy B. Wallace to Judge Illston re submitting supplement to the Joint Case Management Conference Statement. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/16/2001)

Aug. 14, 2001

Aug. 14, 2001

76

LETTER dated 8/14/01 from defendant SF Unified School's counsel Owen P. Martikan to Judge Illston re response to Class Counsel's 8/13/01 letter to the Court. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/17/2001)

Aug. 14, 2001

Aug. 14, 2001

77

LETTER dated 8/13/01 from plaintiffs' counsel Guy B. Wallace to Judge Illston re the case management conference scheduled for 8/17/01. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/20/2001)

Aug. 16, 2001

Aug. 16, 2001

78

MINUTES: ( C/R None) ( Hearing Date: 8/17/01) Further Case Management Conference reset for 2:30 9/28/01 ; The school district shall stipulate to begin the three steps as discussed at the case management and the court will then enter an order. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 08/22/2001)

Aug. 20, 2001

Aug. 20, 2001

80

Miscellaneous administrative REQUEST by defendant SF Unified School for leave to file late joint case management conference statement. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/24/2001)

Sept. 20, 2001

Sept. 20, 2001

81

SETTLEMENT CONFERENCE MINUTES: () ( Hearing Date: 9/24/01) Settlement conference held . Experts only in attendance. Parties to contact court for new date. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/26/2001)

Sept. 24, 2001

Sept. 24, 2001

82

ORDER by Judge Susan Illston granting request [80−1], the joint case management conference statement due on 9/25/01. ( Date Entered: 9/26/01) (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/26/2001)

Sept. 25, 2001

Sept. 25, 2001

83

CASE MANAGEMENT STATEMENT filed by defendants The San Francisco Unified School District. [3:99−cv−03260] (ys, COURT STAFF) Modified on 09/27/2001 (Entered: 09/27/2001)

Sept. 25, 2001

Sept. 25, 2001

84

DECLARATION by Tony Irons on behalf of defendant SF Unified School re statement case mangement [83−1] [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/27/2001)

Sept. 25, 2001

Sept. 25, 2001

85

DECLARATION by Owen Martikan on behalf of defendant SF Unified School re statement case mangement [83−1] [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/27/2001)

Sept. 25, 2001

Sept. 25, 2001

RECEIVED Plaintiffs' proposed discovery plan submitted by Plaintiffs. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/27/2001)

Sept. 25, 2001

Sept. 25, 2001

86

PROOF OF SERVICE by Plaintiffs of document received plaintiffs' proposed discovery plan. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/27/2001)

Sept. 25, 2001

Sept. 25, 2001

87

NOTICE of Entry of Order by defendant SF Unified School [82−1] order [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

88

OBJECTIONS by Plaintiff Roxanne Lopez, Plaintiff Frank Marone, Plaintiff Teresa Gallegos to defendants' separate case mangement statement [83−1] and accompanying declarations of Tony Irons and Owen Martikan supporting case management conference statement. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/27/2001)

Sept. 26, 2001

Sept. 26, 2001

89

RESPONSE by defendant SF Unified School re objection [88−1] separate case management conference statement. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 09/28/2001)

Sept. 27, 2001

Sept. 27, 2001

90

LETTER dated 9/27/01 from plaintiffs' counsel Guy B. Wallace to Judge Illston re response to defendants' various submissions to the Court in connection with this Friday's case management conference. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/02/2001)

Sept. 27, 2001

Sept. 27, 2001

91

LETTER dated 9/27/01 from plaintiffs' counsel Guy B. Wallace to Judge Illston re response to defendants' various submissions to the Court in connection with this Friday's case management conference (original). [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

92

MINUTES: ( C/R None) Further Case Management Conference HELD. ( Hearing Date: 9/28/01) Discovery shall be stayed to 3/29/01. Defendant shall comply with the dates outlined in their case management statement. Defendant shall provide a list of "designated fixes" by 11/2/01. The parties shall meet an confer to try to agree upon the list. By 10/8/01, defendant shall provide to plaintiff a list of all the schools with disabled students. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/03/2001)

Oct. 1, 2001

Oct. 1, 2001

93

ORDER by Judge Susan Illston re facilities master plan; interim removal of specific barriers; and stay of discovery See order for more details. ( Date Entered: 10/5/01) (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/05/2001)

Oct. 2, 2001

Oct. 2, 2001

94

LETTER dated 10/5/01 from defendant SF Unified School's counsel Owen P. Martikan to Judge Illston re proposed order regarding the school district's production of its list of current students with disabilities. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

95

LETTER dated 10/5/01 from plaintiffs' counsel Guy B. Wallace to Judge Illston re proposed order re access to student records. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

96

ORDER by Judge Susan Illston re: access to student records ( Date Entered: 10/10/01) (cc: all counsel) [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/10/2001)

Oct. 9, 2001

Oct. 9, 2001

RECEIVED Proposed Order ( defendant) : access to student records. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

RECEIVED Stipulation and proposed order re barrier removal report. [3:99−cv−03260] (ys, COURT STAFF) (Entered: 11/01/2001)

Oct. 30, 2001

Oct. 30, 2001

Case Details

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: July 6, 1999

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Persons with mobility or visual impairments who were denied access to programs, services, facilities, and activities provided by the San Francisco Unified School District

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

San Francisco Unified School District (San Francisco), School District

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $6,950,320.27

Order Duration: 2004 - 2013

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Monitoring

Issues

Disability and Disability Rights:

disability, unspecified

Mobility impairment

Visual impairment

Type of Facility:

Government-run