Case: Communities Actively Living Independent and Free v. City of Los Angeles

2:09-cv-00287 | U.S. District Court for the Central District of California

Filed Date: Jan. 14, 2009

Closed Date: Nov. 16, 2018

Clearinghouse coding complete

Case Summary

On January 14, 2009, disability rights advocacy organizations and individuals with disabilities in the Los Angeles Area filed a lawsuit on behalf of themselves and those similarly situated in the U.S. District Court for the Central District of California against the City and County of Los Angeles under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; The California Disabled Persons Act, California Civil Code § 5…

On January 14, 2009, disability rights advocacy organizations and individuals with disabilities in the Los Angeles Area filed a lawsuit on behalf of themselves and those similarly situated in the U.S. District Court for the Central District of California against the City and County of Los Angeles under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; The California Disabled Persons Act, California Civil Code § 54 et. seq. and California Government Code § 11135.

The plaintiffs, represented by counsel from Disability Rights Advocates and the Disability Rights Legal Center, asked the court for declaratory and injunctive relief and attorney fees and costs alleging that the defendants discriminated against the 800,000 people with disabilities in the Los Angeles area by failing to create an emergency response plan that would accommodate individuals with disabilities. That failure, the plaintiffs allege, has caused individuals with disabilities to be a greater risk for serious injury or death as the result of a disaster. Specifically, the plaintiffs allege that, among other things, the defendants failed to provide mechanisms to communicate with individuals with communication-related disabilities during disasters, the defendants also failed to ensure that the emergency shelter facilities were accessible to individuals with mobility related disabilities, and defendants failed to make specific plans for how to transport individuals with disabilities in response to a disaster.

On April 13, 2010, the District Court (Judge Consuelo B. Marshall) certified the case as a class action and identified the class as stipulated to by the parties as all those who are disabled according to the Americans with Disabilities Act that live within the jurisdiction of emergency preparedness services of the City of Los Angeles and Los Angeles County.

On October 7, 2010, the Civil Rights Division of the U.S. Department of Justice, the agency responsible for enforcing the ADA and Section 504, filed a Statement of Interest supporting plaintiffs' motion for summary judgment. The statement argued that the defendants violated the ADA and Section 504 by failing to account for individuals with disabilities in its disaster response planning and thereby denied them access to public accommodations that received federal funding.

On February 10, 2011, the District Court (Judge Marshall) issued an order that among other things, partially granted plaintiffs' motion for summary judgment. The Court found the defendants were liable under the ADA, Section 504 of the Rehabilitation Act, and The California Disabled Persons Act (a violation of the ADA is also constitutes a violation of the California Disabled Persons Act) because the defendants have failed to create any plans that provide persons with disabilities access to the emergency-related benefits of notification regarding emergencies, evacuation services, transportation, and accessible shelters, all of which are provided to those who do not have disabilities. The defendants failed to provide access to shelters by failing to determine which if any of the shelters are accessible to person with disabilities and those with disabilities requiring specific needs such as accommodations that allow for service animals. The court rejected the defendant's argument that it could make ad hoc accommodations for individuals with disabilities and thus did not need to plan for those needs by noting that the purpose of an emergency response plan is to reduce the need for ad hoc decision making by anticipating eventualities. Communities Actively Living Independent and Free v. City of Los Angeles 2011 WL 4595993.

On November 9, 2011, the District Court (Judge Marshall) issued an injunction requiring the City of Los Angeles to hire a consultant to evaluate their current emergency management plan and help create a new plan within three years. The City of Los Angeles appealed to the Court of Appeals for the Ninth Circuit. On February 14, 2012, the appeal was voluntarily dismissed by the parties.

On June 10, 2013, after years of negotiations and hearings on some objections to the settlement agreement, the District Court (Judge Marshall) approved a six-year settlement agreement between the plaintiffs and the County of Los Angeles where the defendants agree to continue to use consultants to improve their emergency response plans that must be adopted within the six-year term of the agreement; appoint a monitor to oversee the implementation of those plans; and the creation of a dispute resolution mechanism using the magistrate judge as the arbiter of any disputes.

On that same day, the District Court (Judge Marshall) also awarded the plaintiffs with attorney fees of $1,225,000 and compensation for the costs of monitoring the settlement agreement of up to $75,000.

On July 18, 2013, the District Court (Judge Marshall) entered an order dismissing the case against the County of Los Angeles, but pursuant to the settlement agreement the court retained jurisdiction over disputes arising under the settlement agreement. The parties jointly stipulated that the work required to remedy the violations found by the court was complete, and the court dismissed the case with prejudice on December 5, 2014.

The court retained jurisdiction over the case to monitor compliance for more than four years. On October 26, 2018, the parties jointly moved to end the court's jurisdiction over the settlement agreement. The court terminated its jurisdiction on November 16, 2018. This case is now closed.

Summary Authors

Brian Kempfer (4/21/2014)

Elizabeth Heise (11/13/2018)

Alex Moody (5/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4144469/parties/communities-actively-living-independent-and-free-v-city-of-los-angeles/


Judge(s)
Attorney for Plaintiff

Allen, Michael G (California)

Attorney for Defendant

Aguado, Carmen M (California)

Allen, Matthew Philip (California)

Alter, Valerie Elizabeth (California)

An, Lisa Y (California)

Expert/Monitor/Master/Other
Judge(s)

Marshall, Consuelo Bland (California)

Zarefsky, Ralph (California)

Attorney for Plaintiff

Allen, Michael G (California)

Barajas, Maronel (California)

Bayley, Kevin Michael (California)

Bhatti, Umbreen (California)

Borgen, David (California)

Bybee, Jennifer Uhrowczik (California)

Carlson, Matthew David (California)

Chang, D Scott (California)

Chuang, Christine (California)

Close, Travis C (California)

Colby, Sarah (California)

Colfax, Reed N (California)

Craemer, Rebecca Anne (California)

Crook, Jamie L (California)

Dardarian, Linda M (California)

Eiland, Katrina L (California)

Elliott, Autumn M (California)

Farrell, Peggy A (California)

Finneman, Trevor J (California)

Gaztambide-Arandes, Laura (California)

Geffen, David Grant (California)

Genduso, Zachary (California)

Janssen, Kara J. (California)

Johnson, Mark Thomas (California)

Klar, Jennifer I (California)

Knauf, Christopher H (California)

Langston, Rachael (California)

Lee, Andrew Paul (California)

Navarro, Lillibeth (California)

Parks, Shawna L (California)

Patkin, Debra (California)

Pearlman, Paula D. (California)

Pulver, Adam R (California)

Relman, John P (California)

Rivera, Anna Mercedes (California)

Rivers, Surisa E (California)

Schur, Dara L (California)

Smith, Mary-Lee Kimber (California)

Smyth, Timothy M (California)

Srividya, Panchalam Seshan (California)

Tarricone, Jason H (California)

Thormann, Amethyst R (California)

Uzeta, Michelle (California)

Wallace, Guy B (California)

Werner, Kara Jane (California)

Williford, Rebecca S. (California)

Wolinsky, Sidney M. (California)

Zachariasiewicz, Jean M (California)

Attorney for Defendant

Aguado, Carmen M (California)

Allen, Matthew Philip (California)

Alter, Valerie Elizabeth (California)

An, Lisa Y (California)

Arce, Elizabeth Tom (California)

AUSA, AUSA (California)

Averbuck, Clayton C (California)

Barer, Daniel P (California)

Baum, Andrew I (California)

Beach, Paul B (California)

Bechtel, Matthew T (California)

Becks, Harold G (California)

Berkowitz, Paul (California)

Bianco, Erica (California)

Birotte, Andre Jr. (California)

Blen, Berta A (California)

Bojorquez, Christian R (California)

Booth, Lewis Arnold (California)

Brand, Alexander Michael (California)

Breen, Philip L. (District of Columbia)

Brenner, Anita S (California)

Brente, Cory M (California)

Bridges, Summer L (California)

Brouillard, R (California)

Burhenn, David William (California)

Burkwitz, Avi (California)

Burkwitz, Gil Y (California)

Burton, John C (California)

Burton, Corie M (California)

Bustos, Oscar Andres (California)

Byers, Adrienne M. (California)

Cantrall, Melinda L (California)

Carlos, Debbie Caroline (California)

Caron, Scott E (California)

Castro-Silva, Rodrigo A (California)

Cha, Daniel S (California)

Chan, Camilla Y (California)

Charles, Stephanie (California)

Chicago, AUSA - (California)

Chilleen, Michael J (California)

Choi, Jin S (California)

Christovich, Jeffrey J (California)

Clark, Justin W (California)

Clifford, Robert Scot (California)

Coates, Timothy Towery (California)

Cohen, Nancy Sher (California)

Cruz, Rosa Linda (California)

Cutler, David G (California)

CV, U S (California)

Davtyan, Angela (California)

Day, Douglas L (California)

DeBoskey, Geoffrey D (California)

Delgadillo, Rockard John (California)

Dermer, Gabriel Seth (California)

Diamond, Alan (California)

Diggs, Rodney S (California)

Drossel, Danielle Francine (California)

Duester, Tara M (California)

Dugdale, Robert E (California)

Dunkerly, Erin Renee (California)

Ebelhar, Melinda W (California)

Edwards, Steven G (California)

Elengold, Kate Sablosky (California)

Ellyatt, Patricia E (California)

Eshoe, Linda (California)

Faughan, Thomas J. (California)

Fawls, Ellen Maureen (California)

Feiga, Heather M (California)

Fisher, Girard (California)

Fitzgerald, Elizabeth T (California)

Flaxman, Joel A. (California)

Fong, Kenneth T (California)

Fontana, Aaron Mitchell (California)

Ford, Dylan (California)

Ford, William F. (California)

Forman, Michael H (California)

Fox, Dana Alden (California)

Frank, Beth Susan (California)

Frieman, Davida M (California)

Gallo, Valerie Nicole (California)

Gasparian, Christina (California)

Gastelum, Denisse O (California)

Gest, Howard David (California)

Ghaltchi, Michelle B (California)

Gonzales, Dennis Michael (California)

Grady, Jennifer Ann (California)

Greene, Glenn (California)

Gregorio, Sherry M (California)

Gridley, Bruce C (California)

Grimm, L Trevor (California)

Gross, Gary Philip (California)

Guterres, Tomas A (California)

Gysler, Jennifer E (California)

Halabi, Talin (California)

Hall, Austin Millar (California)

Harrison, Dawyn Renae (California)

Hart, Douglas Roger (California)

Harvey, Ryan Douglas (California)

Hassaram, Dorothy L (California)

Hershman, Brian D (California)

Hinrichs, Fred Turner (California)

Hoffstadt, Brian M (California)

Holbrow, Willmore F (California)

Holder, Eric H. Jr. (District of Columbia)

House, Calvin R (California)

Hovsepian, Maria (California)

Hsu, Cheryl W (California)

Huber, Scott E (California)

Hurley, Gregory F (California)

Hurrell, Thomas C (California)

Inlow, Laura E (California)

Ivie, Rickey (California)

Jamgotchian, Ronda D (California)

Johnson, Patrick Walter (California)

Joynt, Karen C (California)

Jr, George E (California)

Jr, Andre Birotte (California)

Jr, Raymond G (California)

Jr, Roger H (California)

Jr, Ruben Baeza (California)

Jung, Michael Y (California)

Kades, Kelly N (California)

Kadomatsu, Kari (California)

Kaloustian, Mariam (California)

Keuper, Janet L (California)

Kim, Christopher Taewoo (California)

Kizzie, Antonio K (California)

Kral, Timothy J (California)

Krattli, John F. (California)

Kuwata, Katelyn (California)

LA-CV, Assistant US (California)

Lapertosa, Max P (California)

Lawrence, David D (California)

Ledingham, Shawn Scott (California)

Lee, Arnold F (California)

Lee, Daniel (California)

Lee, Cindy S (California)

Leimkuhler, Bradley J (California)

Leung, Todd T (California)

Levine, Aaron Matthew (California)

Lipscomb, Robert D (California)

Logan, Amber A (California)

Lovrien, Christopher J (California)

Lui, Elwood G (California)

Luongo, Natalie Ursula (California)

Lutzker, Dov (District of Columbia)

Ly, John K (California)

Lynch, William Francis (District of Columbia)

Mabry, Donald Lee (California)

Maland, Kyle R (California)

Mallett, Andrew Michael (California)

Manier, John J (California)

Maoz, David Steven (California)

Maranga, Kenneth A (California)

Markova, Maria Z (California)

Martin, Dennis G (California)

Martinelli, Lisa Ann (California)

Martinez, Diane (California)

Mathers, Catherine Mason (California)

Mavian, Susan (California)

McCaverty, Jonathan C (California)

McQuaid, Carrie Ann (California)

Mead, Jessica J (California)

Metzger, Morgan Ashleigh (California)

Miller, Jesse L (California)

Monroy, Jon F (California)

Motooka, Marjorie E (California)

Moussa, Zaynah N (California)

Murillo, Tiana J. (California)

Murphy, Robert E (California)

Neudecker, James M (California)

Nguyen, Lan Phuong (California)

Nicolas, Marlene Maria (California)

Nishimura, Gilbert M (California)

O'Malley, Barbara B. (California)

Oyster, Nathan A (California)

Paige, Adrianna C (California)

Palagi, Jennifer K (California)

Park, Amie S (California)

Perez, Thomas E. (District of Columbia)

Pessis, Surekha A (California)

Peterson, George E (California)

Peterson, John Francis (California)

Phan, Charles (California)

Philibosian, Robert Harry (California)

Pomeroy, Richard L. (California)

Poster, Marc J (California)

Ramirez, Eugene P (California)

Ratcliff, Diana (California)

Raygor, Kent R (California)

Renick, Steven J (California)

Rittenberg, Laurie (California)

Rodriguez, Joseph Cuauhtemoc (California)

Rolon, Millicent L (California)

Ross, Andrea E (California)

Rotter, Alana H (California)

Sabouri, Ali R (California)

Sain, Anthony M (California)

Sakai, Raymond W (California)

Salinger, Lillian D. (California)

Samuelian, Minas (California)

Santos, Amelia Rebecca (California)

Sasaki, John S (California)

Savitt, Linda C. (California)

Schiedermayer, Ryan David (California)

Schlecter, Blair L (California)

Schwartz, Jeremy Robert (California)

Schwartz, Richard Adam (California)

Shapero, Wendy C (California)

Sheldon, Geoffrey S (California)

Shingler, Emily (California)

Smith, MacKenzie Cameron (California)

Smith, Colleen R (California)

Stein, Martin (California)

Steinacker, Andrea K (California)

Swiss, Christie Bodnar (California)

Tabah, Elvin-Mathias (California)

Terry, John M (California)

Thibodeaux, Lauren Dana (California)

Tinkham, Nicole Amber (California)

Tolnai, Lester J (California)

Urban, David A (California)

Valenzuela, Ronald A. (California)

Walter, Brian P (California)

Weiss, David Jay (California)

Wilkinson, Clay R (California)

Wodatch, John L. (District of Columbia)

Woodward, Terry A (California)

Wu, Ann Dona (California)

Wynn, Paris A. (California)

Yee, Theodore Oliver (California)

Zuiderweg, Alexandra B (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:09-cv-00287

Docket [PACER]

Nov. 16, 2018

Nov. 16, 2018

Docket
1

2:09-cv-00287

Class Action Complaint for Declaratory and Injunctive Relief for Violation of Civil Rights & Discrimination Against People with Disabilities Act: Section 504 of the Rehabilitation Act of 1973; California Civil Code §54, et seq.; California Government

Jan. 14, 2009

Jan. 14, 2009

Complaint
81

2:09-cv-00287

Order Approving Certification of a Class

April 13, 2010

April 13, 2010

Order/Opinion
111

2:09-cv-00287

Statement of Interest of the United States

Communities Actively Living Independently and Free v. City of Los Angeles

Oct. 7, 2010

Oct. 7, 2010

Pleading / Motion / Brief
140

2:09-cv-00287

Order 1) Granting Plaintiffs' Motion for Summary Ajudication on Liability; 2) Granting in Part Plaintiffs' Motion to Strike; 3) Granting Plaintiffs' Request for Judicial Notice; 4) Sustaining Plaintiffs' Object; and 5) Overruling Defendant City of of

Feb. 10, 2011

Feb. 10, 2011

Order/Opinion

2011 WL 2011

172

2:09-cv-00287

Order Re Injunctive Relief [Clarifying Court's Order Approving Plaintiffs' Motion for Summary Adjudication]

Nov. 9, 2011

Nov. 9, 2011

Order/Opinion
259-2

2:09-cv-00287

[Proposed] Class Settlement Agreement

Oct. 1, 2012

Oct. 1, 2012

Settlement Agreement
255

2:09-cv-00287

Order Granting Plaintiffs' Application for Reasonable Attorneys' Fees and Costs

June 10, 2013

June 10, 2013

Order/Opinion
254

2:09-cv-00287

Order Granting Plaintiffs' Motion for Final Approval of Class Action Settlement Agreement with County of Los Angeles

June 10, 2013

June 10, 2013

Order/Opinion
264

2:09-cv-00287

Order Dismissing Case RE Defendant County of Los Angeles

July 18, 2013

July 18, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4144469/communities-actively-living-independent-and-free-v-city-of-los-angeles/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants City of Los Angeles, County of Los Angeles.(Filing fee $ 350: FEE PAID.), filed by plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn.(ghap) (ds). (Entered: 01/21/2009)

Jan. 14, 2009

Jan. 14, 2009

RECAP

20 DAY Summons Issued re Complaint − (Discovery) 1 as to Defendants City of Los Angeles, County of Los Angeles. (ghap) (Entered: 01/21/2009)

Jan. 14, 2009

Jan. 14, 2009

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (ghap) (ds). (Entered: 01/21/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
3

NOTICE of Related Case(s) filed by plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. Related Case(s): no related actions. (ghap) (ds). (Entered: 01/21/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
4

FIRST STIPULATION Extending Time to Answer the complaint as to City of Los Angeles answer now due 3/12/2009, filed by Defendant City of Los Angeles.(Rittenberg, Laurie) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
5

PROOF OF SERVICE Executed by Plaintiff Communities Actively Living Independent and Free, upon City of Los Angeles served on 1/21/2009, answer due 3/12/2009. The Summons and Complaint were served by Personal Service service, by Federal Rules of Civil Procedure statute, upon Julie Amanti, City Clerk. Due Dilligence declaration No. Original Summons not returned. (Pearlman, Paula) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

RECAP
6

PROOF OF SERVICE Executed by Plaintiff Communities Actively Living Independent and Free, Audrey Harthorn, upon County of Los Angeles served on 1/21/2009, answer due 2/10/2009. The Summons and Complaint were served by Personal service, by Federal Rules of Civil Procedure statute, upon Katherine Medina, Ex Secretary. Due Dilligence declaration No. Original Summons Not Returned. (Pearlman, Paula) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
7

First STIPULATION for Extension of Time to File County's Response to COmplaint filed by Defendant County of Los Angeles. (Attachments: # 1 Proposed Order)(Byers, Adrienne) (Entered: 02/09/2009)

2 Proposed Order

View on PACER

Feb. 9, 2009

Feb. 9, 2009

PACER
8

ORDER for Stipulation to Extend Defendant County of Los Angeles' Time to Respond to Complaint re 7 by Judge Consuelo B. Marshall: Defendant County of Los Angeles have up to and including 3/12/09 in which to file its responsive pleading to the Complaint. (lom) (Entered: 02/11/2009)

Feb. 9, 2009

Feb. 9, 2009

PACER
9

Second STIPULATION for Extension of Time to File Answer to March 26, 2009 filed by defendant County of Los Angeles. (Attachments: # 1 Proposed Order)(Byers, Adrienne) (Entered: 03/06/2009)

2 Proposed Order

View on PACER

March 6, 2009

March 6, 2009

PACER
10

ORDER purusant to Stipulation 9 by Judge Consuelo B. Marshall: Defendants City of Los Anglees and County of Los Angeles have up to and including 3/26/09 in which to answer or otherwise respond to the Complaint. (lom) (Entered: 03/09/2009)

March 6, 2009

March 6, 2009

PACER
11

NOTICE OF MOTION AND MOTION to Dismiss Case, MOTION for More Definite Statement, MOTION to Strike Portions of Complaint filed by Defendant City of Los Angeles. Motion set for hearing on 5/11/2009 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # 3 Declaration of James G. Featherstone, # 4 Proposed Order)(Dermer, Gabriel) (Entered: 03/26/2009)

2 Memorandum of Points and Authorities

View on PACER

3 Request for Judicial Notice

View on PACER

4 Declaration of James G. Featherstone

View on PACER

5 Proposed Order

View on PACER

March 26, 2009

March 26, 2009

PACER
25

ANSWER to Complaint - (Discovery) 1 filed by Defendant County of Los Angeles.(lom) (Entered: 04/01/2009)

March 26, 2009

March 26, 2009

PACER
12

Certification and Notice of Interested Parties filed by Defendant City of Los Angeles, (Dermer, Gabriel) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
26

DECLARATION of Attorney Adrienne M. Byers re CM/ECF technical failure re Answer to Complaint (Discovery) 25 filed by Defendant County of Los Angeles. (lom) (Entered: 04/01/2009)

March 26, 2009

March 26, 2009

PACER
13

PROOF OF SERVICE filed by Defendant City of Los Angeles, re MOTION to Dismiss Case MOTION for More Definite Statement MOTION to Strike Portions of Complaint 11, Certificate/Notice of Interested Parties 12 served on March 26, 2009. (Dermer, Gabriel) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
14

NOTICE of Manual Filing filed by Defendant County of Los Angeles of Answer of Defendant the County of Los Angeles and Declaration of Attorney Adrienne M. Byers re CM/ECF Technical Failure and related proofs of service. (Cruz, Rosa) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
15

ANSWER to Complaint - (Discovery) 1 filed by Defendant County of Los Angeles.(Cruz, Rosa) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
16

DECLARATION of Adrienne M. Byers re Answer to Complaint (Discovery) 15 filed by Defendant County of Los Angeles. (Cruz, Rosa) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
17

OF SERVICE filed by Defendant County of Los Angeles, re Answer to Complaint (Discovery) 15 served on 3/26/09. (Cruz, Rosa) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
18

OF SERVICE filed by defendant County of Los Angeles, re Declaration (non-motion) 16 served on 3/26/09. (Cruz, Rosa) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
19

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: When filing Proof of Service document separate from the main document, please do a face page and include case no., caption, attorney's information, etc. Also, your docket entry should be the same as your document caption RE: Proof of Service (subsequent documents) 17, 18 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lom) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
20

MINUTES OF IN CHAMBERS ORDER re Scheduling Conference by Judge Consuelo B. Marshall: On the Court's own motion, this case is set for a Scheduling Conference on June 15, 2009 at 11:00 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan within 14 days after the conference of counsel. The Rule 26(f) discovery plan shall contain the following information: 1. A brief description of the nature of the case and type of action filed and the date filed in the District Court;2. The number of depositions to be taken by each side and the date the date the depositions are set; 3. The written discovery sought and date responses to interrogatories requests for production and requests for admissions are due;4. The number of experts expected to be called by each side and the experts area of expertise; 5. Proposed Pre Trial Conference date; 6. Date Demand for Jury Trial was filed; 7. Prospects of Settlement; 8. Positions of counsel re: consent to proceed before a Magistrate-Judge; 9. A list of contemplated motions, including what type of motion, a tentative hearing date, andwhether discovery must be conducted prior to the filing of the motions. (lom) (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
21

First STIPULATION for Extension of Time to File Motion for Class Certification filed by plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Proposed Order Granting extension)(Wolinsky, Sidney) (Entered: 03/27/2009)

2 Proposed Order Granting extension

View on PACER

March 27, 2009

March 27, 2009

PACER
22

NOTICE of Manual Filing filed by Defendant County of Los Angeles of Answer of Defendant County and Declaration of Adrienne M. Byers re CMECF Technical Failure. (Cruz, Rosa) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

PACER
23

First STIPULATION for Extension of Time to File Motion for Class Certification filed by plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Proposed Order Granting extension of time to file class cert motion)(Wolinsky, Sidney) (Entered: 03/31/2009)

2 Proposed Order Granting extension of time to file class cert motion

View on PACER

March 31, 2009

March 31, 2009

PACER
24

ORDER re Stipulation 23 by Judge Consuelo B. Marshall: It is hereby ordered that the deadline for filing any Motion for Class Certification shall be 7/13/09. (lom) (Entered: 04/01/2009)

March 31, 2009

March 31, 2009

PACER
27

First STIPULATION to Continue Hearing Date from May 11, 2009 to May 18, 2009 Re: MOTION to Dismiss Case MOTION for More Definite Statement MOTION to Strike Portions of Complaint 11 filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order)(Dermer, Gabriel) (Entered: 04/01/2009)

2 Proposed Order

View on PACER

April 1, 2009

April 1, 2009

PACER
28

ORDER by Judge Consuelo B. Marshall Continuing Hearing Date. After having read and considered the parties' Stipulation to Continue Hearing Date 27, it is hereby ordered that the hearing on the City of Los Angeles' MOTION to Dismiss, Motion for More Definite Statement and Moion to Strike Portions of Complaint 11 shall be on 5/18/2009 at 10:00 AM before Judge Consuelo B. Marshall. (mg) (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
29

Opposition Opposition re: MOTION to Dismiss Case MOTION for More Definite Statement MOTION to Strike Portions of Complaint 11 or in the Alternative For a More Definite Statement and to Strike Portions of the Complaint filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit)(Parks, Shawna) (Entered: 05/04/2009)

2 Declaration

View on PACER

3 Declaration

View on PACER

4 Exhibit

View on PACER

May 4, 2009

May 4, 2009

PACER
30

Opposition Opposition re: MOTION to Dismiss Case MOTION for More Definite Statement MOTION to Strike Portions of Complaint 11 Defendant's Request For Judicial Notice filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Parks, Shawna) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER
31

REPLY to Plaintiffs' Opposition to MOTION to Dismiss Case MOTION for More Definite Statement MOTION to Strike Portions of Complaint 11 filed by Defendant City of Los Angeles. (Attachments: # 1 Reply to Opposition to Request for Judicial Notice)(Dermer, Gabriel) (Entered: 05/11/2009)

2 Reply to Opposition to Request for Judicial Notice

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May 11, 2009

May 11, 2009

PACER
32

MINUTES OF Motion of the City of Los Angeles to Dismiss the Class Action Complaint or, in the alternative, for More Definite Statement and to Strike Portions of the Complaint 11 held before Judge Consuelo B. Marshall. The Motion of the City of Los Angeles to Dismiss or, in the alternative, for More Definite Statement and to Strike Portions of the Complaint are denied. Court Reporter: Rosalyn Adams. (lom) (Entered: 05/26/2009)

May 18, 2009

May 18, 2009

PACER
33

IN CHAMBERS/OFF THE RECORD by Judge Consuelo B. Marshall. IT IS ORDERED that the City of Los Angeles, shall file an Answer to the Complaint or shall otherwise respond to the Complaint, said Answer or response shall be filed on or before June 2, 2009. (lom) (Entered: 05/26/2009)

May 22, 2009

May 22, 2009

PACER
34

JOINT RULE 26(f) REPORT of Joint Rule 26(f) filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Parks, Shawna) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
36

ORDER by Judge Consuelo B. Marshall, DENIES City of Los Angeles' Motions Pursuant to Federal Rules of Civil Procedure 12(b)(6), 12(b)(7), 12(e) and 12(f), and Request for Judicial Notice 11 . As previously ordered, the City shall file an answer to the Complaint on or before June 2, 2009. (lom) (Entered: 06/03/2009)

June 1, 2009

June 1, 2009

PACER
35

ANSWER to Complaint - (Discovery) 1 with JURY DEMAND filed by Defendant City of Los Angeles.(Dermer, Gabriel) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
37

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Joint Report Rule 26(f) Discovery Plan RE: Report 34 . For correct event, see category: Pretrial and Trial Documents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lom) (Entered: 06/04/2009)

June 3, 2009

June 3, 2009

PACER
38

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically Filed Documents (G-112) re 37 . Correct doc. no on Form G-112A should be doc. no 34 and NOT doc no. 36. (lom) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

PACER
39

MINUTES OF IN CHAMBERS ORDER re Scheduling Conference by Judge Consuelo B. Marshall. On the Court's own motion, the Scheduling Conference set on June 15, 2009 is hereby continued to Monday, June 22, 2009 at 11:00 A.M. (lom) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

PACER
40

Joint STIPULATION to Reschedule Meditaton Date and Scheduling Conference filed by Plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Proposed Order)(Patkin, Debra) (Entered: 07/28/2009)

2 Proposed Order

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July 28, 2009

July 28, 2009

PACER
41

ORDER extending time for parties to meet for mediation re stipulaton 40 by Judge Consuelo B. Marshall. It is hereby ordered that the deadline for the mediation is October 20, 2009, and that the date for the next scheduling conference is November 2, 2009 at 11:00 A.M. (lom) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
42

Joint STIPULATION to Continue Scheduling Conference from November 2, 2009 to December 21, 2009 Re: Stipulation and Order, Set Hearings,, 41 filed by Plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Proposed Order)(Patkin, Debra) (Entered: 10/29/2009)

2 Proposed Order

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Oct. 29, 2009

Oct. 29, 2009

PACER
43

ORDER by Judge Consuelo B. Marshall continuing Scheduling Conference to January 4,2010 at 11:00 A.M. 42 (jl) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
44

REQUEST for Leave of Sidney Wolinsky to Appear Telephonically at January 4, 2010 Scheduling Conference filed by plaintiffs' counsel Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
45

STATEMENT FOR STATUS CONFERENCE filed by Defendants City of Los Angeles, County of Los Angeles (Dermer, Gabriel) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
46

STATEMENT of Case Management filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn (Wolinsky, Sidney) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
49

MINUTES OF SCHEDULING CONFERENCE: IN CHAMBERS/OFF THE RECORD held before Judge Consuelo B. Marshall. Scheduling Conference held in chambers and off the record. As a result of the conference, the Court ordered as follows: (1) all fact discovery shall be completed on or before May 30, 2010; (2) all expert discovery shall be completed on or before July 30, 2010; (3) motions shall be set for oral argument on or before Oct. 4, 2010 at 10:00 A.M.; (4) Pre Trial Conference is set on Nov. 15, 2010 at 2:30 P.M.; (5) Jury Trial (est. 10-14 days) is set on January 4, 2011 at 10:00 A.M.; and (6) settlement conference shall be held on or before Aug. 30, 2010. Court Reporter: N/A. (lom) (Entered: 01/07/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
47

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed Document was not submitted as separate attachment, RE: REQUEST for Leave of Sidney Wolinsky to Appear 44 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lom) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
48

MINUTES IN CHAMBERS/OFF THE RECORD by Judge Consuelo B. Marshall: 44 Request for Sidney Wolinsky to Appear Telephonically is hereby denied as moot. (lom) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
50

MINUTES OF IN CHAMBERS ORDER SCHEDULING SETTLEMENT CONFERENCE held before Magistrate Judge Andrew J. Wistrich. The parties are directed to appear for a settlement conference on April 22, 2010, 3:30 p.m. Each party shall deliver a confidential settlement conference statement to the chambers of the Magistrate Judge on or before April 15, 2010. IT IS SO ORDERED. (mz) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
51

Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Proposed Order)(Wolinsky, Sidney) (Entered: 02/25/2010)

1 Proposed Order

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Feb. 25, 2010

Feb. 25, 2010

PACER
52

ORDER Granting Stipulation for Extension of Time to File 51 by Judge Consuelo B. Marshall. it is hereby ordered that the deadline for filing any Motion for Class Certification shall be March 15, 2010. (lom) (Entered: 03/02/2010)

March 1, 2010

March 1, 2010

PACER
53

NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiffs' counsel Communities Actively Living Independent and Free, Audrey Harthorn. Motion set for hearing on 4/12/2010 at 10:00 AM before Judge Consuelo B. Marshall. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

RECAP
54

DECLARATION of Lilibeth Navarro MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
55

DECLARATION of Audrey Harthorn MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
56

DECLARATION of Teresa Favuzzi MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
57

DECLARATION of Sidney Wolinsky in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Exhibit)(Wolinsky, Sidney) (Entered: 03/15/2010)

1 Exhibit

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March 15, 2010

March 15, 2010

PACER
58

DECLARATION of Shawna Parks in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Exhibit)(Wolinsky, Sidney) (Entered: 03/15/2010)

1 Exhibit

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March 15, 2010

March 15, 2010

PACER
59

DECLARATION of Karla Gilbride in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Exhibit)(Wolinsky, Sidney) (Entered: 03/15/2010)

1 Exhibit

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March 15, 2010

March 15, 2010

PACER
60

DECLARATION of Robert Clark in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
61

DECLARATION of Sergio Garibay in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
62

DECLARATION of Patricia Hughes/GLAD in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
63

DECLARATION of Ray Henderson in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
64

DECLARATION of Richard Hernandez in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
65

DECLARATION of George Layton in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
66

DECLARATION of John Lonberg in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
67

DECLARATION of Christopher Luna in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
68

DECLARATION of Allen McCorkendale in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
69

DECLARATION of Shannon Murray in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
70

DECLARATION of Beverly Overton in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
71

DECLARATION of Patricia Parker in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
72

DECLARATION of Alicia Pedroza in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
73

DECLARATION of Ben Rockwell in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
74

DECLARATION of Federico Williams in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
75

DECLARATION of Leonard Woods in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
76

DECLARATION of Caesar Zamora in Support of MOTION to Certify Class 53 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
77

STIPULATION APPROVING CERTIFICATION OF A CLASS re MOTION to Certify Class 53 filed by Defendants City of Los Angeles, County of Los Angeles, Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
78

PROPOSED ORDER APPROVING CERTIFICATION OF A CLASS re MOTION to Certify Class 53 filed by Defendants City of Los Angeles, County of Los Angeles, Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Wolinsky, Sidney) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
79

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document 78 . When efiling the [Prop] Order by itself, a Notice of Lodging Document is efiled as the main document and the [Prop] Order is attached as the second attachment. Also, there is a specific event for Notice of Lodging. If you are unsure of the events, use the SEARCH feature on the CM/ECF menu bar. The following error(s) was found: Incorrect event selected. The correct event is: Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
80

MINUTES IN CHAMBERS/OFF THE RECORD by Judge Consuelo B. Marshall. On the Court's own motion, Motion for Class Certification 53 is taken under submission without oral argument. (lom) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
81

ORDER Granting Stipulation Approving Certification of a Class 77 by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED that this action is certified as a class action under Rule 23(b)(2) of the Federal Rules of Civil Procedure. The class shall be defined as: All people with disabilities, as defined by the Americans With Disabilities Act, who are within the City of Los Angeles and the jurisdiction served by the City of Los Angeles' and County of Los Angeles' emergency preparedness programs and services. It is further ordered that named Plaintiffs Communities Actively Living Independent and Free ("CALIF") and Audrey Harthom be designated as class representatives and that Plaintiffs' counsel, Disability Rights Advocates and Disability Rights Legal Center, be designated as counsel for the class. (lom) (Entered: 04/15/2010)

April 13, 2010

April 13, 2010

PACER
87

ADMINISTRATIVE DUPLICATE DOCUMENT - ORDER Granting Stipulation Approving Certification of a Class 53, 77 by Judge Consuelo B. Marshall. IT IS HEREBY ORDERED that this action is certified as a class action under Rule 23(b)(2) of the Federal Rules of Civil Procedure. The class shall be defined as: All people with disabilities, as defined by the Americans With Disabilities Act, who are within the City of Los Angeles and the jurisdiction served by the City of Los Angeles' and County of Los Angeles' emergency preparedness programs and services. It is further ordered that named Plaintiffs Communities Actively Living Independent and Free ("CALIF") and Audrey Harthom be designated as class representatives and that Plaintiffs' counsel, Disability Rights Advocates and Disability Rights Legal Center, be designated as counsel for the class. (lom) (Entered: 06/17/2010)

April 13, 2010

April 13, 2010

PACER
82

MINUTE ORDER REGARDING SETTLEMENT CONFERENCE Settlement Conference held before Magistrate Judge Andrew J. Wistrich. The Court conducted a settlement conference in this case on April 22, 2010. Appropriate representatives of all parties were present. No settlement was achieved. Plaintiff and the County are directed to contact the Clerk to schedule a further settlement conference during the next 2-3 weeks. IT IS SO ORDERED. (mz) Modified on 4/26/2010 (mz). (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
83

Joint REQUEST to Extend Time to Complete Fact Discovery filed by Plaintiff City of Los Angeles, Communities Actively Living Independent and Free, County of Los Angeles, Audrey Harthorn. Request set for hearing on 5/6/2010 at 01:00 PM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order)(Wolinsky, Sidney) (Entered: 04/30/2010)

1 Proposed Order

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April 30, 2010

April 30, 2010

PACER
84

ORDER by Judge Consuelo B. Marshall: granting 83 Stipulation and Request for Extension of Fact Discovery Deadline. The Court extends the deadline for concluding all fact discovery as to all parties in this case to June 30, 2010. No other dates established in this Court's January 4, 2010 scheduling order are changed at this time. (lom) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
85

Joint STIPULATION to Stay Case pending Implementation of Interim Agreement re County of L.A. Access and Functional Needs Annex filed by Plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Parks, Shawna) (Entered: 06/02/2010)

1 Exhibit

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2 Proposed Order

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June 2, 2010

June 2, 2010

PACER
88

ORDER Granting Stipulation re Stay of Litigation and Interim Agreement re County of Los Angeles Access and Functional Needs Annex 85 by Judge Consuelo B. Marshall. The Court hereby approves of the procedure adopted by the parties in the Interim Agreement, which is attached to this Order as Exhibit A, and Orders the litigation as to Plaintiffs and the County be stayed through August 31, 2010. The Court sets a status conference for Sept. 13, 2010 at 11:00 A.M., in order for Plaintiffs and the County to provide an update to the Court regarding whether the process identified in the Interim Agreement has been completed, the status of settlement negotiations on the remaining issues, the parties' positions regarding whether further dates are necessary in this case, and proposals for such dates, if necessary. (lom) (Entered: 06/17/2010)

June 7, 2010

June 7, 2010

PACER
86

MINUTES OF IN CHAMBERS ORDER SETTING FURTHER SETTLEMENT CONFERENCE ON CALENDAR held before Magistrate Judge Andrew J. Wistrich. A further settlement conference is calendared for Monday, August 2, 2010 at 10:30 a.m. in Courtroom 690. IT IS SO ORDERED. (mz) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
89

JOINT STIPULATION RE EXTENSION OF FACT DISCOVERY DEADLINE FOR THREE FURTHER DEPOSITIONS re Joint REQUEST to Extend Time to Complete Fact Discovery 83 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Proposed Order)(Parks, Shawna) (Entered: 06/29/2010)

1 Proposed Order

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June 29, 2010

June 29, 2010

PACER
90

ORDER Granting Stipulation re Extension of Fact Discovery Deadline for three further Depositions 89 by Judge Consuelo B. Marshall. The Court has read and considered the Parties' Joint Stipulation Re Extension of Fact Discovery Deadline for Three Further Depositions. Good cause appearing, the Court extends the deadline for fact discovery for the sole purpose of allowing three further depositions: a designee from the City of Los Angeles Fire Department, a designee from the City of Los Angeles Police Department and Mr. Michael Kleiner of the Red Cross. No other dates established in this Court's January 4, 2010 scheduling order are changed at this time.. (lom) (Entered: 06/30/2010)

June 29, 2010

June 29, 2010

PACER
91

First NOTICE of Appearance filed by attorney Mary-Lee Kimber Smith on behalf of Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn (Smith, Mary-Lee) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
92

MINUTES OF IN CHAMBERS ORDER SETTING CONTINUING SETTLEMENT CONFERENCE 86 ON CALENDAR held before Magistrate Judge Andrew J. Wistrich. The further settlement conference calendared for Thursday, August 2, 2010, at 10:30 a.m. is being continued at the request of the parties to Thursday, September 16, 2010, at 10:30 a.m. in Courtroom 690. IT IS SO ORDERED. (mz) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
93

NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Communities Actively Living Independent and Free, Audrey Harthorn. Motion set for hearing on 8/30/2010 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Declaration Collins Dec, # 2 Exhibit Exh A To Collins Dec, # 3 Declaration Harthorn Dec, # 4 Declaration ILCSC Dec, # 5 Declaration Kailes Dec, # 6 Declaration LAMP Dec, # 7 Declaration Navarro Dec, # 8 Declaration Smith Dec, # 9 Exhibit Exh A to Smith Dec, # 10 Exhibit Exh B to Smith Dec, # 11 Exhibit Exh C to Smith Dec, # 12 Exhibit Exh D to Smith Dec, # 13 Exhibit Exh E to Smith Dec, # 14 Exhibit Exh F to Smith Dec, # 15 Exhibit Exh G to Smith Dec, # 16 Exhibit Exh H to Smith Dec, # 17 Exhibit Exh I to Smith Dec, # 18 Exhibit Exh J to Smith Dec, # 19 Exhibit Exh K to Smith Dec, # 20 Exhibit Exh L to R to Smith Dec, # 21 Exhibit Exh S to Smith Dec, # 22 Supplement Statement, # 23 Supplement Request, # 24 Exhibit Exh to Request, # 25 Proposed Order Proposed Order for MSJ, # 26 Proposed Order Proposed Order for Remedy)(Smith, Mary-Lee) (Entered: 08/02/2010)

1 Declaration Collins Dec

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2 Exhibit Exh A To Collins Dec

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3 Declaration Harthorn Dec

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4 Declaration ILCSC Dec

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5 Declaration Kailes Dec

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6 Declaration LAMP Dec

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7 Declaration Navarro Dec

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8 Declaration Smith Dec

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9 Exhibit Exh A to Smith Dec

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10 Exhibit Exh B to Smith Dec

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11 Exhibit Exh C to Smith Dec

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12 Exhibit Exh D to Smith Dec

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13 Exhibit Exh E to Smith Dec

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14 Exhibit Exh F to Smith Dec

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15 Exhibit Exh G to Smith Dec

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16 Exhibit Exh H to Smith Dec

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17 Exhibit Exh I to Smith Dec

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18 Exhibit Exh J to Smith Dec

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19 Exhibit Exh K to Smith Dec

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20 Exhibit Exh L to R to Smith Dec

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21 Exhibit Exh S to Smith Dec

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22 Supplement Statement

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23 Supplement Request

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24 Exhibit Exh to Request

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25 Proposed Order Proposed Order for MSJ

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26 Proposed Order Proposed Order for Remedy

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Aug. 2, 2010

Aug. 2, 2010

RECAP
94

Joint STIPULATION for Extension of Time to File OPPOSITION AND REPLY as to MOTION for Summary Judgment as to All Claims Memorandum of Points and Authorities in Support Thereof 93 filed by Defendant City of Los Angeles. (Attachments: # 1 Proposed Order RE REQUEST TO EXTEND BRIEFING SCHEDULE)(Dermer, Gabriel) (Entered: 08/05/2010)

1 Proposed Order RE REQUEST TO EXTEND BRIEFING SCHEDULE

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Aug. 5, 2010

Aug. 5, 2010

PACER
95

ORDER RE JOINT STIPULATION AND REQUEST TO EXTEND BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT by Judge Consuelo B. Marshall: Upon Stipulation 94, the Court extends the briefing schedule as follows: The City must file its opposition to Plaintiffs' Motion for Summary Judgment no later than 8/18/2010. Plaintiffs must file their reply in support of Plaintiffs' Motion for Summary Judgment no later than 8/27/2010. The Court sets for hearing Plaintiffs' Motion for Summary Judgment 93 on 9/27/2010 before Judge Consuelo B. Marshall. (gk) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
96

MINUTES - IN CHAMBERS/OFF THE RECORD by Judge Consuelo B. Marshall: Upon Joint Stipulation and Request to Extending Briefing Schedule for Plaintiffs' Motion for Summary Judgment 94, the Court hereby expends the briefing schedule as follows: Defendant City of Los Angeles must file its opposition to Plaintiffs' Motion for Summary Judgment no later than 8/18/2010. Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn and the class of individuals that they represent must file their reply in support of Plaintiffs' Motion for Summary Judgment no later than 8/27/2010. The Court sets for hearing Plaintiffs' Motion for Summary Judgment 93 on 9/27/2010. Court Reporter: n/a. (gk) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
97

MEMORANDUM in Opposition to MOTION for Summary Judgment as to All Claims Memorandum of Points and Authorities in Support Thereof 93 filed by Defendant City of Los Angeles. (Attachments: # 1 Declaration of Ralph Acuna, # 2 Declaration of Eric Baumgardner, # 3 Declaration of Anna Burton, # 4 Declaration of Steve Dargan, # 5 Declaration of Gabriel Dermer, # 6 Declaration of James Featherstone, # 7 Declaration of Robert Freeman, # 8 Declaration of Angela Kaufman, # 9 Declaration of Thomas Ottman, # 10 Declaration of Luann Pannell, # 11 Statement of Genuine Issues, # 12 Objections to Evidence)(Dermer, Gabriel) (Entered: 08/18/2010)

1 Declaration of Ralph Acuna

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2 Declaration of Eric Baumgardner

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3 Declaration of Anna Burton

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4 Declaration of Steve Dargan

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5 Declaration of Gabriel Dermer

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6 Declaration of James Featherstone

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7 Declaration of Robert Freeman

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8 Declaration of Angela Kaufman

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9 Declaration of Thomas Ottman

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10 Declaration of Luann Pannell

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11 Statement of Genuine Issues

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12 Objections to Evidence

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Aug. 18, 2010

Aug. 18, 2010

RECAP
98

REPLY Support MOTION for Summary Judgment as to All Claims Memorandum of Points and Authorities in Support Thereof 93 filed by Plaintiffs Communities Actively Living Independent and Free, Audrey Harthorn. (Attachments: # 1 Response to Defendant's Statement of Genuine Issues, # 2 Declaration of Mary Lee Smith, # 3 Exhibits to Smith Declaration, # 4 Declaration of June Kailes, # 5 Response to Def Evidentiary Objections, # 6 Notice and Motion to Strike Declarations, # 7 Declaration of Karla Gilbride re Motion to Strike Decs, # 8 Exh A to Gilbride Dec, # 9 Exh B to Gilbride Dec, # 10 Exh C to Gilbride Dec, # 11 Exh D to Gilbride Dec, # 12 Exh E to Gilbride Dec, # 13 Exh F to Gilbride Dec, # 14 Proposed Order Granting Motion to Strike)(Smith, Mary-Lee) Modified on 2/11/2011 (lom). (Entered: 08/27/2010)

1 Response to Defendant's Statement of Genuine Issues

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2 Declaration of Mary Lee Smith

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3 Exhibits to Smith Declaration

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4 Declaration of June Kailes

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5 Response to Def Evidentiary Objections

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6 Notice and Motion to Strike Declarations

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7 Declaration of Karla Gilbride re Motion to Strike Decs

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8 Exh A to Gilbride Dec

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9 Exh B to Gilbride Dec

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10 Exh C to Gilbride Dec

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11 Exh D to Gilbride Dec

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12 Exh E to Gilbride Dec

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13 Exh F to Gilbride Dec

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14 Proposed Order Granting Motion to Strike

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Aug. 27, 2010

Aug. 27, 2010

PACER
99

OPPOSITION to MOTION for Summary Judgment as to All Claims Memorandum of Points and Authorities in Support Thereof 93 AND PLAINTIFFS' MOTION TO STRIKE (Dkt. 98-6) filed by Defendant City of Los Angeles. (Attachments: # 1 Declaration of Gabriel S. Dermer in Support of City's Opposition to Plaintiffs' Motion to Strike)(Dermer, Gabriel) (Entered: 09/03/2010)

1 Declaration of Gabriel S. Dermer in Support of City's Opposition to Plainti

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Sept. 3, 2010

Sept. 3, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 14, 2009

Closing Date: Nov. 16, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability advocacy organizations and individuals with disabilities who receive emergency services from the City or County of Los Angeles.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Los Angeles, City

County of Los Angeles, County

Defendant Type(s):

Transportation

Jurisdiction-wide

Fire

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

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,300,000

Order Duration: 2013 - 2019

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Monitoring

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Bathing and hygiene

Bathrooms

Buildings

Communication skills

Emergency shelter

Food service / nutrition / hydration

Government services

Housing

Housing assistance

Placement in shelters

Staff (number, training, qualifications, wages)

Transportation

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

disability, unspecified

Hearing impairment

Integrated setting

Mental impairment

Mobility impairment

Visual impairment

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Discrimination-area:

Disparate Impact

Disparate Treatment

Contracting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run