Case: Californians for Disability Rights, Inc. v. California Department of Transportation

4:06-cv-05125 | U.S. District Court for the Northern District of California

Filed Date: Aug. 23, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 23, 2006, the disability rights group Californians for Disability Rights, Inc. and two individuals with disabilities acting on behalf of themselves and all others similarly situated sued the California Department of Transportation ("Caltrans") and its director in the U.S. District Court for the Northern District of California, seeking to remedy an alleged "systematic pattern and practice of discrimination being committed by Caltrans against people with mobility and vision disabilities…

On August 23, 2006, the disability rights group Californians for Disability Rights, Inc. and two individuals with disabilities acting on behalf of themselves and all others similarly situated sued the California Department of Transportation ("Caltrans") and its director in the U.S. District Court for the Northern District of California, seeking to remedy an alleged "systematic pattern and practice of discrimination being committed by Caltrans against people with mobility and vision disabilities." Represented by the public interest law office Disability Rights Advocates, the plaintiffs alleged that Caltrans, which provided an extensive network of facilities throughout the state including sidewalks, pedestrian crossings and a system of Park and Ride facilities, systematically failed to maintain pedestrian rights of way or provide accessible alternative routes in construction areas. The plaintiffs filed an amended complaint on September 19, 2006, adding as a plaintiff another disability rights group (California Council of the Blind) and alleging seven causes of action, four of which were based on state law and two of which were federal claims. The two federal claims arose under, respectively, the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. §§ 12101 to 12213, and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. The seventh cause of action requested declaratory relief "in order that each of the parties may know their respective rights and duties and act accordingly." Plaintiffs did not seek damages but, rather, an injunction to prevent Caltrans from continuing its alleged violations of state and federal law.

On September 20, 2007, Caltrans filed a motion for judgment on the pleadings, seeking dismissal of all claims except for the one based on the Rehabilitation Act. On October 23, 2007, plaintiffs filed their motion for class certification, seeking class certification for their federal law claims only. In her March 13, 2008, unpublished order, District Judge Saundra Brown Armstrong ruled on these motions, as follows:

She granted the plaintiffs' motion for class certification, defining the class as "All persons with mobility and/or vision disabilities who are allegedly being denied access under Title II of the Americans with Disabilities Act and the Rehabilitation Act of 1973 due to barriers along sidewalks, cross-walks, pedestrian underpasses, pedestrian overpasses and any other outdoor designated pedestrian walkways throughout the state of California which are owned and/or maintained by the California Department of Transportation. For purposes of class certification, persons with mobility disabilities are those who use wheelchairs, scooters, crutches, walkers, canes or similar devices to assist their navigation along sidewalks. For purposes of class certification, persons with vision disabilities are those who due to a vision impairment use canes or service animals for navigation along sidewalks."

Judge Armstrong dismissed the plaintiffs' state law-based claims, without prejudice, given that the defendants contended her federal court lacked jurisdiction over them and the plaintiffs agreed to dismiss them. She refused to dismiss the ADA claim, since Caltrans had not shown that it was entitled to Eleventh Amendment sovereign immunity from ADA claims and since precedent allowed discrimination lawsuits against state officials. The judge agreed with the defendants, however, that no private right of action existed to enforce either the self-evaluation or transition plan federal regulations implementing Title II of the ADA. Thus, that component of the plaintiffs' claims was also dismissed. The ADA and Rehabilitation Act claims remained pending against the state.

On January 29, 2009, the defendants once again moved for judgment on the pleadings. On February 17, 2009, the plaintiffs filed a cross motion for summary judgment regarding defendants' obligations to make temporary pedestrian routes accessible. In an order filed on March 31, 2009, Judge Armstrong granted in part and denied in part the defendants' motion for judgment on the pleadings and granted in part and denied in part the plaintiffs' motion for summary judgment.

On June 4, 2009, the defendants filed a motion for summary judgment on (1) whether Caltrans' policies for design of pedestrian facilities complied with federal law and regulations, and (2) whether Caltrans had system-wide procedures to ensure that pedestrian facilities were designed and constructed pursuant to its design policies. Judge Armstrong denied this motion in an order filed on August 4, 2009, finding that a genuine issue of material fact existed as to whether Caltrans provided accessible pedestrian facilities to the individual petitioners.

A trial began on September 16, 2009. During the proceedings, however, the parties proposed temporarily suspending the trial to engage in settlement discussions before Magistrate Judge Elizabeth LaPorte. The parties reached an agreement and filed a joint motion for preliminary approval of settlement on December 22, 2009. On January 25, 2010, Judge Armstrong issued an order granting the motion for preliminary approval of the settlement.

On June 2, 2010, Judge Armstrong approved a proposed settlement agreement. The settlement agreement included (1) a funding commitment of $1.1 billion over the next thirty years to eliminate barriers and improve access for people with mobility and vision disabilities to 2,500 miles of sidewalk and Park and Ride facilities owned or maintained by Caltrans; (2) a monitoring procedure, which would include the hiring of an access consultant to oversee compliance for the first seven years, and mandatory annual reporting by Caltrans for the next thirty years; (3) a grievance procedure for public complaints relating to access issues and Caltrans responses thereto; and (4) payment of attorneys' fees for past work and future compliance services. All pending issues in the Class Action were then dismissed--but the Court retained jurisdiction to resolve any compliance-related dispute. The court continues to monitor compliance with the settlement.

Additional information about the settlement is available from plaintiffs' counsel, Disability Rights Advocates, at http://https://dralegal.org/case/californians-for-disability-rights-inc-cdr-et-al-v-california-department-of-transportation-caltrans/

Summary Authors

David Priddy (7/19/2011)

Related Cases

Californians for Disability Rights, Inc. v. California Department of Transportation, California state trial court (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5772676/parties/californians-for-disability-rights-inc-v-california-department-of/


Judge(s)

Armstrong, Saundra Brown (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Plaintiff

Allen, Jose R (California)

Harrington, Gerald Michael (California)

Heller, Roger Norton (California)

Kimber, Mary-Lee E. (California)

Kohrman, Daniel B. (District of Columbia)

Markwalder, Alexius M. (California)

Nepveu, Julie (District of Columbia)

Paradis, Laurence W. (California)

Judge(s)

Armstrong, Saundra Brown (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Plaintiff

Allen, Jose R (California)

Harrington, Gerald Michael (California)

Heller, Roger Norton (California)

Kimber, Mary-Lee E. (California)

Kohrman, Daniel B. (District of Columbia)

Markwalder, Alexius M. (California)

Nepveu, Julie (District of Columbia)

Paradis, Laurence W. (California)

Attorneys(s) for Defendant

Agarwal, Monty (California)

Beals, Ronald (California)

Chang, Eudeen Y. (California)

Chilleen, Michael J. (California)

Cho, Alana R. (California)

Drury, Michael (California)

Gossage, David (California)

Hurley, Gregory F. (California)

Sandler, David N. (California)

Documents in the Clearinghouse

Document

Docket

Californians for Disability Rights, Inc. v. California Dept. of Transportation

Aug. 31, 2010 Docket
1

Class Action Complaint for Violation of Civil Rights: Americans with Disabilities Act; Section 504 of the Rehabilitation Act; Cal. Civ. Code § 54, Et seq.; Cal. Civ. Code § 51, Et Seq.; Cal. Civ. Code § 4450, Et Seq.; Cal. Gov’t. Code 11135, Etseq.

Californians for Disability Rights, Inc. v. California Dept. of Transportation

Aug. 23, 2006 Complaint
4

Amended Class Action Complaint

Californians for Disability Rights, Inc. v. Calfornia Department of Transportation

Sept. 19, 2006 Complaint
207

Order

Californians for Disability Rights, Inc. v. California Deptartment of Transportation

249 F.R.D. 334, 2008 WL 697065, 2008 U.S.Dist.LEXIS 19766

March 13, 2008 Order/Opinion
357

Order Denying Summary Judgment

Californians for Disability Rights v. California Department of Transportation

2009 WL 2392156

Aug. 4, 2009 Order/Opinion

Press Release

No Court

Dec. 22, 2009 Press Release
457

Order re: Preliminary Approval of Class Action Settlement

Jan. 25, 2010 Settlement Agreement
515

Order Granting Plaintiffs' Application for Final Approval of Proposed Settlement Agreement and Overruling Objections to Settlement Agreement

2010 WL 2228531

June 2, 2010 Order/Opinion

Settlement Agreement re:Class Action

None Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5772676/californians-for-disability-rights-inc-v-california-department-of/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against California Department of Transportation, Will Kempton (Filing fee $350, receipt number 3389226). Filed byDmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell. (kc, COURT STAFF) (Filed on 8/23/2006) Additional attachment(s) added on 9/8/2006 (jlm, COURT STAFF).

Aug. 23, 2006 PACER
2

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (Attachments: # (1) Standing Order)(kc, COURT STAFF) (Filed on 8/23/2006)

Aug. 23, 2006 PACER
3

Summons Returned Unexecuted by Dmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell as to California Department of Transportation, Will Kempton. (Paradis, Laurence) (Filed on 8/30/2006)

Aug. 30, 2006 PACER
4

AMENDED COMPLAINT FOR CIVIL RIGHTS against California Department of Transportation, Will Kempton. Filed byDmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell. (Kimber, Mary-Lee) (Filed on 9/19/2006)

Sept. 19, 2006 PACER
5

SUMMONS Returned Executed by Dmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell. California Department of Transportation served on 9/1/2006, answer due 9/21/2006; Will Kempton served on 9/1/2006, answer due 9/21/2006. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7))(Kimber, Mary-Lee) (Filed on 9/19/2006)

Sept. 19, 2006 PACER
6

ANSWER to Complaint by California Department of Transportation, Will Kempton. (jlm, COURT STAFF) (Filed on 9/21/2006) To View Document Please See Document [9] Modified on 9/25/2006 (jlm, COURT STAFF).

Sept. 21, 2006 PACER
7

CERTIFICATE OF SERVICE by Dmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell (Kimber, Mary-Lee) (Filed on 9/21/2006)

Sept. 21, 2006 PACER
8

CLERK'S NOTICE re: Defendants' Failure to E-File re [6] (jlm, COURT STAFF) (Filed on 9/22/2006)

Sept. 22, 2006 PACER
9

Defendants' ANSWER to Complaint for Injunctive and Equitable Relief by California Department of Transportation. (Harrington, Gerald) (Filed on 9/22/2006) Document Manually Filed on 09/21/06 Modified on 9/25/2006 (jlm, COURT STAFF).

Sept. 22, 2006 PACER
10

CONSENT to Proceed Before a US Magistrate Judge by Dmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell, California Council of the Blind.. (Kimber, Mary-Lee) (Filed on 9/28/2006)

Sept. 28, 2006 PACER
11

State's ANSWER to Amended Complaint byCalifornia Department of Transportation. (Harrington, Gerald) (Filed on 10/10/2006)

Oct. 10, 2006 PACER
12

STIPULATION RE GENERAL ORDER 56 by Dmitri Belser, Californians for Disability Rights, Inc., Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/19/2006)

Oct. 19, 2006 PACER
13

STIPULATION RE: EXCLUSION OF STUHR V. CALIFORNIA FROM THE SCOPE OF THE CLASS AND [PROPOSED] ORDER by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 11/2/2006)

Nov. 2, 2006 PACER
14

STIPULATION AND ORDER RE EXCLUSION OF STUHR V CALIFORNIA FROM THE SCOPE OF THE CLASS. Signed by Judge ARMSTRONG on 11/9/06. (lrc, COURT STAFF) (Filed on 11/9/2006)

Nov. 9, 2006 RECAP
15

Letter from Larry Paradis RE GENERAL ORDER 56. (Kimber, Mary-Lee) (Filed on 1/17/2007)

Jan. 17, 2007 PACER
16

STIPULATION AND ORDER RE APPLICATION OF GENERAL ORDER 56 TO TITLE II. Signed by Judge ARMSTRONG on 1/23/07. (lrc, COURT STAFF) (Filed on 1/23/2007)

Jan. 23, 2007 RECAP
17

CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 2/9/2007 04:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 1/23/07. (lrc, COURT STAFF) (Filed on 1/23/2007)

Jan. 23, 2007 PACER
18

AMENDED CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 2/8/2007 04:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 1/23/07. (lrc, COURT STAFF) (Filed on 1/23/2007)

Jan. 23, 2007 PACER
19

JOINT CASE MANAGEMENT STATEMENT filed by Dmitri Belser, California Department of Transportation, Will Kempton, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 1/25/2007)

Jan. 25, 2007 PACER
20

CLERK'S NOTICE Case Management Conference set for 2/15/2007 02:30 PM. VIA TELEPHONE (lrc, COURT STAFF) (Filed on 2/1/2007)

Feb. 1, 2007 PACER
21

CASE MANAGEMENT STATEMENT (Amended) filed by California Department of Transportation. (Harrington, Gerald) (Filed on 2/10/2007)

Feb. 10, 2007 PACER
22

MOTION for leave to appear in Pro Hac Vice for Daniel B. Kohrman filed by Californians for Disability Rights, Inc. Fee paid, receipt no. 44611000324. (jlm, COURT STAFF) (Filed on 2/13/2007) Additional attachment(s) added on 2/14/2007 (jlm, COURT STAFF).

Feb. 13, 2007 PACER
23

ORDER by Judge Saundra Brown Armstrong GRANTING [22] Motion for Pro Hac Vice for Daniel B. Kohrman (jlm, COURT STAFF) (Filed on 2/14/2007) Additional attachment(s) added on 2/15/2007 (jlm, COURT STAFF).

Feb. 14, 2007 PACER
24

Minute Entry: Further Case Management Conference held on 2/15/2007 before JUDGE ARMSTRONG (Date Filed: 2/15/2007). Case Management Conference set for 7/17/2007 01:00 PM. Motion Hearing set for 7/17/2007 01:00 PM. () (lrc, COURT STAFF) (Date Filed: 2/15/2007)

Feb. 15, 2007 PACER
25

MOTION for leave to appear in Pro Hac Vice for Julie Nepveu filed by Californians for Disability Rights, Inc. Fee paid, receipt no. 44611000420. (jlm, COURT STAFF) (Filed on 3/5/2007) Additional attachment(s) added on 3/6/2007 (jlm, COURT STAFF).

March 5, 2007 PACER
26

ORDER by Judge Saundra Brown Armstrong GRANTING [25] Motion for Pro Hac Vice for Julie Nepveu (jlm, COURT STAFF) (Filed on 3/13/2007) Additional attachment(s) added on 3/14/2007 (jlm, COURT STAFF).

March 13, 2007 PACER
27

MOTION to Compel, filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 5/9/2007) Modified on 5/10/2007 (jlm, COURT STAFF).

May 9, 2007 PACER
28

Declaration of Mary-Lee Kimber in Support re [27] Plaintiffs' Motion to Compel Depositions, Answers to Interrogatories, Answers to Requests for Admissions and Production of Documents filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit B# (4) Exhibit B# (5) Exhibit B# (6) Exhibit C# (7) Exhibit D# (8) Exhibit E# (9) Exhibit F# (10) Exhibit G# (11) Exhibit H)(Kimber, Mary-Lee) (Filed on 5/9/2007) Modified on 5/10/2007 (jlm, COURT STAFF). Modified on 5/10/2007 (jlm, COURT STAFF).

1 Exhibit A

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2 Exhibit B

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3 Exhibit B

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4 Exhibit B

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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11 Exhibit H

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May 9, 2007 PACER
29

Proposed Order re [27] Plaintiffs' Motion to Compel Discovery by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 5/9/2007) Modified on 5/10/2007 (jlm, COURT STAFF).

May 9, 2007 PACER
30

ORDER REFERRING CASE to Magistrate Judge for all Discovery purposes. Signed by Judge ARMSTRONG on 5/10/07. (lrc, COURT STAFF) (Filed on 5/10/2007)

May 10, 2007 PACER
31

INITIAL DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 5/15/2007. (ls, COURT STAFF) (Filed on 5/15/2007)

May 15, 2007 RECAP
32

FIRST DISCOVERY ORDER . Signed by Magistrate Judge Bernard Zimmerman on 5/17/2007. (ls, COURT STAFF) (Filed on 5/17/2007)

May 17, 2007 RECAP
33

STIPULATION Re: Extension of Time for Class Certification Hearing; and Proposed Order by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 5/23/2007)

May 23, 2007 PACER
34

ORDER Setting Hearing on Motion CLASS CERTIFICATION Motion Hearing set for 9/18/2007 01:00 PM.. Signed by Judge ARMSTRONG on 5/29/07. (lrc, COURT STAFF) (Filed on 5/29/2007)

May 29, 2007 PACER
35

NOTICE of Substitution of Counsel by Mary-Lee Eileen Kimber (Kimber, Mary-Lee) (Filed on 6/5/2007)

June 5, 2007 PACER
36

STATEMENT in Support re Motion to Compel, Part 1 filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Attachments: # (1) Supplement LR37-2 Statement Part 2# (2) Supplement LR37-2 Statement Part 3# (3) Supplement LR37-2 Statement Part 4# (4) Supplement LR37-2 Statement Part 5# (5) Supplement LR37-2 Statement Part 6)(Kimber, Mary-Lee) (Filed on 6/13/2007) Modified on 6/14/2007 (jlm, COURT STAFF).

1 Supplement LR37-2 Statement Part 2

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2 Supplement LR37-2 Statement Part 3

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3 Supplement LR37-2 Statement Part 4

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4 Supplement LR37-2 Statement Part 5

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5 Supplement LR37-2 Statement Part 6

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June 13, 2007 PACER
37

BRIEFING ORDER: Defendants' Opposition due 07/13/07; Plaintiffs' Reply due 07/13/07; Hearing on Plaintiffs' motion is scheduled for 08/01/07 at 10:00 AM. Signed by Magistrate Judge Bernard Zimmerman on 6/15/2007. (bzsec, COURT STAFF) (Filed on 6/15/2007) Modified on 6/18/2007 (jlm, COURT STAFF).

June 15, 2007 RECAP
38

MOTION to Expedite Plaintiffs' Motion to Expedite Hearing and Briefing Schedule for Plaintiffs' Motion to Compel filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 6/20/2007)

June 20, 2007 PACER
39

Declaration of Mary-Lee Kimber In Support of Plaintiffs' Motion to Expedite Hearing and Briefing Schedule for Plaintiffs' Motion to Compel filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 6/20/2007)

June 20, 2007 PACER
40

Proposed Order Granting Plaintiffs' Motion to Expedite Hearing and Briefing Schedule by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 6/20/2007)

June 20, 2007 PACER
41

CLERK'S NOTICE SCHEDULING TELEPHONIC CONFERENCE RE DISCOVERY DISPUTE(S). (bzsec, COURT STAFF) (Filed on 6/21/2007)

June 21, 2007 PACER
42

Memorandum in Opposition re [38] Motion to Expedite Hearing and Briefing Schedule for Plaintiffs' Motion to Compel filed by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 6/25/2007) Modified on 6/26/2007 (jlm, COURT STAFF).

June 25, 2007 PACER
43

Declaration of G. Michael Harrington in Support of [42] Memorandum in Opposition to Plaintiffs' Motion to Expedite Hearing and Briefing Schedule for Plaintiffs' Motion to Compel filed byCalifornia Department of Transportation, Will Kempton. (Related document(s)[42]) (Harrington, Gerald) (Filed on 6/25/2007)

June 25, 2007 PACER
44

Minute Entry: Motion Hearing held on 6/26/2007 before Magistrate Judge Bernard Zimmerman (Date Filed: 6/26/2007). (Tape #TC 22-07.) (bzsec, COURT STAFF) (Date Filed: 6/26/2007) Modified on 6/28/2007 (jlm, COURT STAFF).

June 26, 2007 PACER
45

SECOND DISCOVERY ORDER. Signed by Magistrate Judge Bernard Zimmerman on 6/27/2007. (bzsec, COURT STAFF) (Filed on 6/27/2007)

June 27, 2007 RECAP
46

AMENDED Minute Entry: Correcting Recorded Tape Number.Discovery Hearing held on 6/26/2007 before Bernard Zimmerman (Date Filed: 6/27/2007). (Tape #TC 21-07.) (bzsec, COURT STAFF) (Date Filed: 6/27/2007) Modified on 6/28/2007 (jlm, COURT STAFF).

June 27, 2007 PACER
47

STIPULATION Re Plaintiffs' Pending Motion to Compel Discovery by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 6/28/2007)

June 28, 2007 PACER
48

Proposed Order re Stipulation RE Plaintiffs' Pending Motion to Compel Discovery by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 6/28/2007) Modified on 6/29/2007 (jlm, COURT STAFF).

June 28, 2007 PACER
49

ORDER by Magistrate Judge Bernard Zimmerman withdrawing [27] Motion to Compel; withdrawing [38] Motion to Expedite (bzsec, COURT STAFF) (Filed on 6/29/2007)

June 29, 2007 PACER
50

STIPULATION For Extension of Time for Class Certification Hearing and [Proposed] Order, filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 8/7/2007) Modified on 8/8/2007 (jlm, COURT STAFF).

Aug. 7, 2007 PACER
51

STIPULATION AND ORDER: That the hearing for class certification and case management conference is rescheduled to 11/27/2007 at 01:00 PM. Signed by Judge Saundra Brown Armstrong on 8/14/07. (lrc, COURT STAFF) (Filed on 8/14/2007) Modified on 8/15/2007 (jlm, COURT STAFF).

Aug. 14, 2007 PACER
52

MOTION for Judgment on the Pleadings per FRCP Rule 12(c) filed by California Department of Transportation, Will Kempton. Motion Hearing set for 10/30/2007 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Harrington, Gerald) (Filed on 9/20/2007)

Sept. 20, 2007 PACER
53

Declaration of Ankush Agarwal in Support of [52] MOTION for Judgment on the Pleadings per FRCP Rule 12(c) filed byCalifornia Department of Transportation, Will Kempton. (Related document(s)[52]) (Harrington, Gerald) (Filed on 9/20/2007)

Sept. 20, 2007 PACER
54

Appendix re [52] MOTION for Judgment on the Pleadings per FRCP Rule 12(c) Table of Contents and Table of Authorities for Motion filed byCalifornia Department of Transportation, Will Kempton. (Related document(s)[52]) (Harrington, Gerald) (Filed on 9/20/2007)

Sept. 20, 2007 PACER
55

Proposed Order re [52] MOTION for Judgment on the Pleadings per FRCP Rule 12(c) by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 9/20/2007)

Sept. 20, 2007 PACER
56

MOTION to Consolidate Hearings filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 9/25/2007) Modified on 9/27/2007 (jlm, COURT STAFF).

Sept. 25, 2007 PACER
57

Declaration of Roger Heller In Support of [56] Motion to Consolidate Hearings filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Kimber, Mary-Lee) (Filed on 9/25/2007) Modified on 9/27/2007 (jlm, COURT STAFF).

Sept. 25, 2007 PACER
58

Proposed Order re [56] Motion for Consolidation of Hearings and Briefing Schedules by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 9/25/2007) Modified on 9/27/2007 (jlm, COURT STAFF).

Sept. 25, 2007 PACER
59

CERTIFICATE OF SERVICE by California Department of Transportation, Will Kempton re [52] MOTION for Judgment on the Pleadings per FRCP Rule 12(c) Proof of Service Dated Sept. 21, 2007 (Harrington, Gerald) (Filed on 9/25/2007)

Sept. 25, 2007 PACER
60

Amended MOTION to Consolidate Hearings, filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 9/25/2007) Modified on 9/27/2007 (jlm, COURT STAFF).

Sept. 25, 2007 PACER
61

Memorandum in Opposition re [60] Amended Motion to Consolidate Hearings filed by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 9/28/2007) Modified on 10/1/2007 (jlm, COURT STAFF).

Sept. 28, 2007 PACER
62

Declaration of Ankush Agarwal in Support of [61] Memorandum in Opposition Motion to Consolidate Hearings filed by California Department of Transportation, Will Kempton. (Related document(s)[61]) (Harrington, Gerald) (Filed on 9/28/2007) Modified on 10/1/2007 (jlm, COURT STAFF).

Sept. 28, 2007 PACER
63

Proposed Order re [61] Memorandum in Opposition to Motion to Consolidate Hearings by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 9/28/2007) Modified on 10/1/2007 (jlm, COURT STAFF).

Sept. 28, 2007 PACER
64

CERTIFICATE OF SERVICE by California Department of Transportation, Will Kempton re [61] Memorandum in Opposition, [62] Declaration of Ankush Agarwal in Support, [63] Proposed Order (Harrington, Gerald) (Filed on 9/28/2007) Modified on 10/1/2007 (jlm, COURT STAFF).

Sept. 28, 2007 PACER
65

Memorandum in Opposition to [52] Defendants' Motion for Judgment on the Pleadings filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/9/2007) Modified on 10/10/2007 (kc, COURT STAFF).

Oct. 9, 2007 PACER
66

Proposed Order Denying Defendants' Motion for Judgment on the Pleadings by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/9/2007)

Oct. 9, 2007 PACER
67

ORDER by Judge ARMSTRONG granting [60] Motion for Hearing (lrc, COURT STAFF) (Filed on 10/10/2007)

Oct. 10, 2007 PACER
68

Letter to Magistrate Judge Bernard Zimmerman re Request for Additional Depositions per Initial Discovery Order on May 15, 2007, from Defendants, dated 10/12/07. (Harrington, Gerald) (Filed on 10/12/2007) Modified on 10/15/2007 (jlm, COURT STAFF). Modified on 10/15/2007 (jlm, COURT STAFF).

Oct. 12, 2007 PACER
69

Letter re Depositions to Magistrate Judge Bernard Zimmerman, from Plaintiffs, dated 10/15/07. (Kimber, Mary-Lee) (Filed on 10/15/2007) Modified on 10/15/2007 (jlm, COURT STAFF).

Oct. 15, 2007 PACER
70

MOTION for Leave to File Excess Pages, MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification filed by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 10/19/2007)

Oct. 19, 2007 PACER
71

Declaration of Ankush Agarwal in Support of [70] MOTION for Leave to File Excess Pages MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification filed byCalifornia Department of Transportation, Will Kempton. (Attachments: # (1) Exhibit A: Letter by Defendants# (2) Exhibit B: Letter by Plaintiffs# (3) Exhibit C: Letter by Plaintiffs# (4) Exhibit D: Letter by Defendants to Judge Zimmerman)(Related document(s)[70]) (Harrington, Gerald) (Filed on 10/19/2007)

1 Exhibit A: Letter by Defendants

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2 Exhibit B: Letter by Plaintiffs

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3 Exhibit C: Letter by Plaintiffs

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4 Exhibit D: Letter by Defendants to Judge Zimmerman

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Oct. 19, 2007 PACER
72

Proposed Order re [70] MOTION for Leave to File Excess Pages MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 10/19/2007)

Oct. 19, 2007 PACER
73

CERTIFICATE OF SERVICE by California Department of Transportation, Will Kempton re [71] Declaration in Support,, [70] MOTION for Leave to File Excess Pages MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification, [72] Proposed Order, (Harrington, Gerald) (Filed on 10/19/2007)

Oct. 19, 2007 PACER
74

CLERK'S NOTICE SCHEDULING TELEPHONIC DISCOVERY CONFERENCE. (bzsec, COURT STAFF) (Filed on 10/22/2007)

Oct. 22, 2007 PACER
75

Memorandum in Opposition Plaintiffs' Opposition to [70] Defendants' Administrative Motion for Additional Pages and Time to File Opposition filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/22/2007) Modified on 10/23/2007 (kc, COURT STAFF).

Oct. 22, 2007 PACER
76

DECLARATION of Roger Heller in Opposition to [70] Defendants' Administrative Motion for Additional Pages and Time to File Opposition filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Attachments: # (1) Exhibit A)(Kimber, Mary-Lee) (Filed on 10/22/2007) Modified on 10/23/2007 (kc, COURT STAFF).

1 Exhibit A

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Oct. 22, 2007 PACER
77

Proposed Order Denying [70] Defendants' Administrative Motion for Additional Pages and Time to File Opposition by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/22/2007) Modified on 10/23/2007 (kc, COURT STAFF).

Oct. 22, 2007 PACER
78

MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification; Memorandum of Points and Authorities filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. Motion Hearing set for 11/27/2007 01:00 PM. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
79

Proposed Order Granting Plaintiffs' Motion for Class Certification [78] by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
80

Declaration of Laurence Paradis in Support of Plaintiffs' Motion for Class Certification [78], with Exhibits filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
81

Declaration of Daniel B. Kohrman in Support of Plaintiffs' Motion for Class Certification [78], with Exhibit filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
82

Declaration of Haley Fagan in Support of Plaintiffs' Motion for Class Certification[78], with Exhibits filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
83

Declaration of Peter Margen in Support of Plaintiffs' Motion for Class Certification[78] filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C, Part 1# (4) Exhibit C, Part 2# (5) Exhibit D)(Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
84

Appendix A in Support of Plaintiffs' Motion for Class Certification [78]: Deposition Excerpts from Defendants' Witnesses - Part 1 of 2 filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
85

Appendix A in Support of Plaintiffs' Motion for Class Certification [78]: Deposition Excerpts from Defendants' Witnesses - Part 2 of 2 filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
86

Appendix B in Support of Plaintiffs' Motion for Class Certification [78]: Deposition Excerpts from Plaintiffs' Witnesses filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Attachments: # (1) Part 2# (2) Part 3# (3) Part 4# (4) Part 5# (5) Part 6# (6) Part 7# (7) Part 8# (8) Part 9# (9) Part 10)(Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
87

Appendix C in Support of Plaintiffs' Motion for Class Certification [78]: Declarations from Named Plaintiffs and Representative Class Members filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
88

Appendix C in Support of Plaintiffs' Motion for Class Certification [78]: Declarations from Named Plaintiffs and Representative Class Members - Part 2 of 2 filed byDmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 10/23/2007) Modified on 10/24/2007 (kk, COURT STAFF).

Oct. 23, 2007 PACER
89

Letter to Judge Saundra Brown Armstrong re Defendants' Administrative Motion for More Pages and More Time to File Opposition to Plaintiffs' Motion for Class Certification, from Ankush Agarwal, dated 10/24/07. (Harrington, Gerald) (Filed on 10/24/2007) Modified on 10/25/2007 (jlm, COURT STAFF). Modified on 10/25/2007 (jlm, COURT STAFF).

Oct. 24, 2007 PACER
90

Minute Entry: Discovery Hearing held on 10/24/2007 before Magistrate Judge Bernard Zimmerman (Date Filed: 10/24/2007). (Tape #TC 35-07.) (bzsec, COURT STAFF) (Date Filed: 10/24/2007)

Oct. 24, 2007 PACER
91

Supplemental Letter to Judge Saundra Brown Armstrong re Pending Administrative Motion, from Roger Heller, dated 10/24/07, filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Heller, Roger) (Filed on 10/24/2007) Modified on 10/25/2007 (jlm, COURT STAFF). Modified on 10/25/2007 (jlm, COURT STAFF).

Oct. 24, 2007 PACER
92

MOTION to Compel Depositions and Request for Sanctions and [Proposed] Order, filed by California Department of Transportation, Will Kempton. (Harrington, Gerald) (Filed on 10/29/2007) Modified on 10/30/2007 (jlm, COURT STAFF).

Oct. 29, 2007 PACER
93

ORDER by Judge ARMSTRONG denying [70] Motion for Leave to File Excess Pages; granting [70] Motion for Extension of Time to File (lrc, COURT STAFF) (Filed on 10/30/2007)

Oct. 30, 2007 RECAP
94

ORDER: Continuing Case Management Conference and Hearing on [52] Motion for Judgment on the Pleadings per FRCP Rule 12(c) . Motion Hearing set for 1/29/2008 01:00 PM. Case Management Conference set for 1/29/2008 01:00 PM. Signed by Judge ARMSTRONG on 10/31/07. (lrc, COURT STAFF) (Filed on 10/31/2007) Modified on 11/1/2007 (jlm, COURT STAFF).

Oct. 31, 2007 PACER
95

BRIEFING ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/31/2007. (bzsec, COURT STAFF) (Filed on 10/31/2007)

Oct. 31, 2007 RECAP
96

Letter from Ankush Agarwal re: Briefing Schedule for Defendants' Motion for Judgment on the Pleadings. (Harrington, Gerald) (Filed on 11/6/2007)

Nov. 6, 2007 PACER
97

BRIEFING ORDER. Signed by Magistrate Judge Bernard Zimmerman on 11/8/2007. (bzsec, COURT STAFF) (Filed on 11/8/2007)

Nov. 8, 2007 RECAP
98

Letter from Plaintiffs Response Letter RE Briefing Schedule. (Kimber, Mary-Lee) (Filed on 11/8/2007)

Nov. 8, 2007 PACER
99

Memorandum in Opposition re [92] Motion to Compel and Request for Sanctions filed by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 11/9/2007) Modified on 11/13/2007 (jlm, COURT STAFF).

Nov. 9, 2007 PACER
100

Proposed Order re [99] Memorandum in Opposition to Motion to Compel and Request for Sanctions by Dmitri Belser, Californians for Disability Rights, Inc., California Council of the Blind, Ben Rockwell. (Kimber, Mary-Lee) (Filed on 11/9/2007) Modified on 11/13/2007 (jlm, COURT STAFF).

Nov. 9, 2007 PACER

State / Territory: California

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Aug. 23, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons with mobility and/or vision disabilities who are allegedly being denied access under the ADA and the Rehab. Act due to barriers along outdoor sidewalks, cross-walks, and similar pedestrian routes controlled by California DOT.

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

California Department of Transportation, State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2030

Issues

General:

Sidewalks

Transportation

Disability:

Mobility impairment

Visual impairment

Type of Facility:

Government-run