University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Eidler v. Brookdale Senior Living NH-CA-0003
Docket / Court 3:17-cv-03962 ( N.D. Cal. )
State/Territory California
Case Type(s) Nursing Home Conditions
Attorney Organization Rosen, Bien, Galvan & Grunfeld
Case Summary
On July 13, 2017, elderly and dependent residents with physical or cognitive impairments who lived in assisted living facilities, filed this lawsuit in the U.S. District Court of the Northern District of California under the Americans with Disabilities Act of 1990 ("ADA") and state law against the ... read more >
On July 13, 2017, elderly and dependent residents with physical or cognitive impairments who lived in assisted living facilities, filed this lawsuit in the U.S. District Court of the Northern District of California under the Americans with Disabilities Act of 1990 ("ADA") and state law against the corporation that owned the facilities. The plaintiffs claimed that the defendant's California facilities and services failed to meet accessibility and usability requirements of persons with disabilities. The plaintiffs also asserted that the California facilities are understaffed, which resulted in insufficient care and services.

On August 25, 2017, the complaint was amended to include additional plaintiffs.

On September 28, 2017, the defendant filed motions to dismiss, strike, and compel arbitration. Among other things, the motions requested that the Court (Judge James Donato) dismiss any claims against communities operated by the defendant in which the plaintiffs had never lived. The defendant also claimed that their residential communities were not covered under Title III of ADA, and thus the plaintiffs' claims failed as a matter of law. If not dismissed, the defendant requested language regarding the understaffing allegations be stricken as the understaffing did not suggest discrimination under ADA. The defendant sought that class allegations be stricken due to a lack of factual allegations, and alternatively sought limitations to the class definition. Additionally, the defendant sought compelled arbitration of various plaintiffs based on arbitration agreements signed by the plaintiffs or their legal representatives.

The plaintiffs filed responses to these motions on November 9, 2017, to which defendant replied on December 7, 2017. On December 15, 2017, the Court ordered that the hearing on the motions to dismiss, strike, and compel be scheduled for March 22, 2018.

There have been no further actions on the docket since December 15, 2017.

Cade Boland - 01/29/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Equal Protection
Disability
Mental impairment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Bathing and hygiene
Bathrooms
Failure to supervise
Food service / nutrition / hydration
Housing
Neglect by staff
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
State law
Defendant(s) Brookdale Senior Living, Inc.
Plaintiff Description Residents of the defendant facilities with disabilities who use mobility aids.
Indexed Lawyer Organizations Rosen, Bien, Galvan & Grunfeld
Class action status sought Yes
Class action status granted Unknown
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Docket(s)
3:17-cv-3962 (N.D. Cal.)
NH-CA-0003-9000.pdf | Detail
Date: 12/15/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint for Declaratory and Injunctive Relief and Damages [ECF# 20]
NH-CA-0003-0001.pdf | Detail
Date: 08/25/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Donato, James (N.D. Cal.)
NH-CA-0003-9000
Plaintiff's Lawyers Bien-Kahn, Benjamin Joseph (California)
NH-CA-0003-9000
Colby, Sarah (California)
NH-CA-0003-9000
Grunfeld, Gay Crosthwait (California)
NH-CA-0003-9000
Hu, Christopher David (California)
NH-CA-0003-9000
Knapp, Kelly Jean (California)
NH-CA-0003-9000
Mauney, Devin Whetstone (California)
NH-CA-0003-9000
Stebner, Kathryn Ann (California)
NH-CA-0003-9000
Wallace, Guy B. (California)
NH-CA-0003-9000
Defendant's Lawyers Barker, Jeffrey A. (California)
NH-CA-0003-9000
Jensen, Mallory Ann (California)
NH-CA-0003-9000
KohSweeney, Adam P (California)
NH-CA-0003-9000
Powers, Matthew David (California)
NH-CA-0003-9000

- click to show/hide ALL -

new search
page permalink

- top of page -