Case: Moeller v. Taco Bell

4:02-cv-05849 | U.S. District Court for the Northern District of California

Filed Date: Dec. 17, 2002

Closed Date: Sept. 29, 2014

Clearinghouse coding complete

Case Summary

On December 17, 2002 plaintiffs, California residents with disabilities that required them to rely on wheelchairs or scooters for mobility, filed a class action complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell Corporation. Plaintiffs, represented by the Impact Fund and private counsel, claimed the Defendant denied them, on the basis of disability, full and equal enjoyment of the goods, services, facilities, privileges, ad…

On December 17, 2002 plaintiffs, California residents with disabilities that required them to rely on wheelchairs or scooters for mobility, filed a class action complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell Corporation. Plaintiffs, represented by the Impact Fund and private counsel, claimed the Defendant denied them, on the basis of disability, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations. Specifically, Plaintiffs claim they had encountered barriers to accessibility including "queue lines" that were too narrow to navigate in a scooter or wheelchair, self-serve soda machines that were too high to access from a wheelchair or scooter; and inaccessible parking, doors, and seating.

On December 23, 2004, the Court (Judge Hamilton) certified a class of: "[a]ll individuals with disabilities who use wheelchairs or electric scooters for mobility who, at any time on or after December 17, 2001, were denied, or are currently being denied, on the basis of disability, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of California Taco Bell corporate restaurants." Moeller v. Taco Bell Corp., 220 F.R.D. 604 (N.D. Cal. 2004). On October 5, 2004, the Court (Judge Hamilton) appointed a Special Master, Bob Evans, as an expert in the Department of Justice Standards For Accessible Design, (28 C.F.R. part 36, app. A, and Title 24 of the 2002 California Building Code) to visit Taco Bell sites, determine compliance with these regulations, and recommend how to remove barriers to accessibility, although he would not determine whether such modifications were "feasible" for purposes of the ADA and other statutes. The parties agreed to each pay half of the Master's fees.

On December 7, 2004, the Court (Judge Hamilton) denied the defendant's motion to modify the class definition. Moeller v. Taco Bell Corp., No. 02-5849, 2004 WL 5669683 (N.D. Cal. Dec. 7, 2004). The defendant argued that the class should be modified as to state law damages claims because of problems with commonality and typicality. On January 12, 2007, the plaintiffs filed a motion to adopt the findings of the special master. They sought partial summary judgment as to three architectural elements: the queue lines; the force needed to open doors; and the knee clearance of seating areas. On August 8, 2007, the Court (Judge Hamilton) denied in part and granted in part the plaintiffs' motion for summary judgment. Moeller v. Taco Bell Corp., No. 02-5849, 2007 WL 2301778 (N.D. Cal. Aug. 8, 2007). The Court denied the motion as to the queue lines, finding that auxiliary lines could be equivalent facilitation. But the Court held that almost 400 conditions in more than 160 Taco Bell restaurants violated the ADA and/or the state access laws.

On November 7, 2008, the Court denied the defendant's motion for summary judgment, which argued the statute of limitations. On December 23, 2009, the Court denied another of the defendant's motion for summary judgment, with little commentary.

On April 4, 2010, the parties stipulated to a bifurcated trial regarding an individual exemplary store. A bench trial was held in June 2011, and in the resulting Findings of Fact and Conclusions of Law, the district court found for the plaintiffs, and ruled that classwide injunctive relief was appropriate. In particular, the court found that the evidence established violations with respect to each of the 12 elements at issue, covering physical access to parking, parking signage, door accessibility, queue accessibility, access to tables and drinks, and restroom access.

The case was assigned to Magistrate Judge Joseph C. Spero for settlement. However, the U.S. Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ___ (2011), prompted the defendants to move for decertification of the class and the plaintiffs to move for a modification of the class certification order. On July 26, 2012, the court granted in part and denied in part the motion Taco Bell's motion, and denied the plaintiff's motion, in light of Dukes. The court granted decertification with respect to damages claims but not with respect to injunctive relief. The court argued that "Dukes mandates decertification of the damages portion of the class as certified" because "no claim for individualized relief may be combined with a class injunction under Rule 23(b)(2)." With regard to injunctive relief claims, the court found that "there are sufficient 'questions of law or fact common to the class' to warrant certifying a class for injunctive relief."

On Mar. 4, 2013, the defendants moved for partial summary judgment "on whether the four named plaintiffs may proceed with claims regarding barriers encountered by them at stores not disclosed in the first amended complaint." The court granted the motion Aug. 5, 2013, arguing that the plaintiffs may not proceed on claims not raised in the first amended complaint. The plaintiffs filed a second amended complaint on Nov. 21, 2013 and moved for permanent injunction on Jan. 15, 2014 to compel Taco Bell to comply with accessibility protocols.

On May 20, 2014, the parties jointly moved for preliminary approval of a class action settlement, which the court granted on June 4. The Settlement Agreement required Taco Bell restaurants to be in compliance with accessibility statutes for two years. Specifically, Taco Bell was to (1) instruct managers to inspect each store for accessibility issues daily, (2) have a compliance monitor check all establishments semiannually, (3) have a construction monitor inspect any new establishment for accessibility compliance, (4) ensure any subsequently acquired restaurants are in compliance, (5) provide annual training regarding accessibility statutes to individuals involved with facility maintenance, construction, and engineering, and (6) maintain records of its monitoring efforts. The Agreement was valid for two years.

After a fairness hearing, the court granted final approval of the settlement agreement on Sept. 24, 2014. The court granted class counsel $5,175,000 in reasonable attorneys’ fees and costs the same day. The case was dismissed with prejudice on Sept. 29.

The case is now closed.

Summary Authors

Elizabeth Daligga (7/17/2012)

Virginia Weeks (11/7/2017)

Related Cases

Saldana-Neily v. Taco Bell of America, Northern District of California (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4165267/parties/moeller-v-taco-bell-corp/


Judge(s)

Cousins, Nathanael M. (California)

Hamilton, Phyllis Jean (California)

Jenkins, Martin J. (California)

Larson, James L. (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Krichiver, Ari Reuben (Colorado)

Lah, Andrew (California)

Larkin, Jocelyn Dion (California)

Lawson, Antonio (California)

Judge(s)

Cousins, Nathanael M. (California)

Hamilton, Phyllis Jean (California)

Jenkins, Martin J. (California)

Larson, James L. (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Fox, Timothy Patrick (Colorado)

Krichiver, Ari Reuben (Colorado)

Lah, Andrew (California)

Larkin, Jocelyn Dion (California)

Lawson, Antonio (California)

Lee, Bill Lann (California)

Mayeda, Mari (California)

Robertson, Amy Farr (Colorado)

Seligman, Brad (California)

Attorneys(s) for Defendant

Allen, Jamerson C. (California)

Atwood, K. Lucy (California)

Chilleen, Michael J. (California)

Dasteel, Jeffrey H. (California)

Deleissegues, Richard Lewis (California)

Eurich, Gregory Alan (Colorado)

Goh, Jim (Colorado)

Hikida, Richard Hidehito (California)

Howard, Thomas P. (Colorado)

Hurley, Gregory F. (California)

Makarewich, John A. (California)

McKaig, Ronda J. (California)

Mooney, Titania Jean (California)

Rygorsky, Daniel M. (California)

Scott, Roger Leonard (California)

Other Attorney(s)

Campins, Julia (California)

Elsberry, Ronald (California)

Nisen, Frederick P. (California)

Expert/Monitor/Master

Evans, Bob (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 6, 2017 Docket
1-1

Class Action Complaint Demand For Jury Trial

Dec. 17, 2002 Complaint
17

Plaintiffs' Motion To Strike Defendant's Second Defense

2003 WL 25743937

Feb. 20, 2003 Pleading / Motion / Brief
22

Response To Plaintiff's Motion To Strike

2003 WL 25743631

April 7, 2003 Pleading / Motion / Brief
35

Order Granting Plaintiffs' Motion To Amend Class Action Complaint

2003 WL 23874078

July 30, 2003 Order/Opinion
36

First Amended Class Action Complaint Demand For Jury Trial

2003 WL 25743634

Aug. 4, 2003 Complaint
40

Plaintiffs' Motion For Class Certification

2003 WL 25743635

Sept. 16, 2003 Pleading / Motion / Brief
65

Defendant's Response Brief In Opposition To Plaintiffs' Motion For Class Certification

2003 WL 25743636

Oct. 1, 2003 Pleading / Motion / Brief
68

Plaintiffs' Reply Brief In Support Of Their Motion For Class Certification

2003 WL 25743637

Oct. 8, 2003 Pleading / Motion / Brief
84

Order Granting Plaintiffs' Motion For Class Certification

220 F.R.D. 604

Feb. 23, 2004 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4165267/moeller-v-taco-bell-corp/

Last updated May 20, 2022, 2:01 a.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT (Summons Issued) against Taco Bell Corp. (Filing Fee: $150.00, receipt number 3342255). Filed by Plaintiffs Katherine Corbett, Francie E. Moeller, Edward Muegge & Craig Thomas Yates. (tn) Additional attachment(s) added on 12/27/2002 (tn, ). Additional attachment(s) added on 12/27/2002 (tn, ). Additional attachment(s) added on 12/27/2002 (tn, ). (Entered: 12/18/2002)

1 Class Action Complaint

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2 Issued Summons

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3 Receipt

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Dec. 17, 2002 PACER
2

ADR SCHEDULING ORDER: Case Management Statement due by 4/9/2003. Initial Case Management Conference set for 4:00 p.m. on 4/16/2003. (tn) (Entered: 12/18/2002)

1 Standing Order

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Dec. 17, 2002 PACER
3

Consent to Proceed Before a U.S. Magistrate Judge by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Fox, Timothy) (Entered: 01/02/2003)

Jan. 2, 2003 PACER
4

[AMENDED] ADR SCHEDULING ORDER: Case Management Statement due by 5/5/2003. Initial Case Management Conference set for 4:00 p.m. on 5/12/2003. (tn) (Entered: 01/07/2003)

Jan. 7, 2003 PACER
5

AFFIDAVIT of Service for Summons, Complaint, and other initial documents served on Jerome Jones of C.T. Corp. on 12/27/2002, filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Fox, Timothy) (Entered: 01/13/2003)

Jan. 13, 2003 PACER
6

STIPULATION RE: EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS' COMPLAINT by Taco Bell Corp.. (Allen, Jamerson) (Entered: 01/16/2003)

Jan. 16, 2003 PACER
7

Declination to Proceed Before a U.S. Magistrate Judge by Taco Bell Corp. and Request for Reassignment to a District Judge. (Allen, Jamerson) (Entered: 01/24/2003)

Jan. 24, 2003 PACER
8

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, ) (Entered: 01/24/2003)

Jan. 24, 2003 PACER
9

AMENDED CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, ) (Entered: 01/24/2003)

Jan. 24, 2003 PACER
10

ORDER REASSIGNING CASE. Case reassigned to Judge Martin J. Jenkins for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by Executive Committee on 01/27/03. (mab, ) (Entered: 01/27/2003)

Jan. 27, 2003 PACER
11

CLERK'S NOTICE [Reassigned case] Case Management Conference set for 4/15/2003 at 02:00 PM. Case Management Statement due by 4/7/2003. (mat, ) (Entered: 01/31/2003)

Jan. 31, 2003 PACER
12

TACO BELL CORPORATION'S ANSWER to Complaint by Taco Bell Corp.. (Allen, Jamerson) (Entered: 02/05/2003)

Feb. 5, 2003 PACER
13

MOTION for Pro Hac Vice admission of attorney Jimmy Goh (fee status pd) filed by Taco Bell Corp.. (slh, ) (Entered: 02/10/2003)

Feb. 5, 2003 PACER
14

MOTION for Pro Hac Vice admission of attorney Gregory Eurich (fee status pd) filed by Taco Bell Corp.. (slh, ) (Entered: 02/10/2003)

Feb. 5, 2003 PACER
15

CERTIFICATE OF SERVICE by Taco Bell Corp. re 13, 14 (slh, ) (Entered: 02/10/2003)

Feb. 5, 2003 PACER
18

ORDER by Judge Martin J. Jenkins GRANTING defendant's Motion for Pro Hac Vice admission of attorneys Jimmy Goh and Gregory Eurich 13 14 . (slh) (Entered: 02/21/2003)

Feb. 12, 2003 PACER
16

STIPULATION to Reset Case Management Conference by Katherine Corbett, Francie E. Moeller, Edward Muegge, Taco Bell Corp., Craig Thomas Yates. (Attachments: # 1 Signature Page (Declarations/Stipulations) of Gregory Eurich# 2 Proposed Order Resetting Case Management Conference)(Fox, Timothy) (Entered: 02/19/2003)

1 Signature Page (Declarations/Stipulations) of Gregory Eurich

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2 Proposed Order Resetting Case Management Conference

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Feb. 19, 2003 PACER
17

MOTION to Strike 12 Defendant's Second Defense filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. Motion Hearing set for 4/22/2003 09:30 AM. (Attachments: # 1 Exhibit # 2 Affidavit of Timothy P. Fox# 3 Proposed Order)(Fox, Timothy) (Entered: 02/20/2003)

1 Exhibit

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2 Affidavit of Timothy P. Fox

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3 Proposed Order

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Feb. 20, 2003 PACER
19

ORDER granting re 16 Stipulation Motion to Reset Case Management Conference to April 22, 2003 @ 2:00 p.m. Signed by Judge Martin J. Jenkins on February 24, 2003. (mat, ) (Entered: 02/25/2003)

Feb. 24, 2003 PACER
20

NOTICE of need of ADR Phone Conference (Attachments: # 1 Signature Page (Declarations/Stipulations) of Plaintiffs# 2 Signature Page (Declarations/Stipulations) of Defendant & Defense Counsel)(Fox, Timothy) (Entered: 03/26/2003)

1 Signature Page (Declarations/Stipulations) of Plaintiffs

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2 Signature Page (Declarations/Stipulations) of Defendant & Defense Counsel

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March 26, 2003 PACER
21

CLERK'S NOTICE: ADR Phone Conference scheduled for 4/15/03 at 10:30 a.m. Please note that plaintiff's counsel initiates the call to all parties. (tjs, ) (Entered: 03/27/2003)

March 27, 2003 PACER
22

RESPONSE in Support re 17 Defendant's Response to Plaintiff's Motion to Strike filed by Taco Bell Corp.. (Allen, Jamerson) (Entered: 04/07/2003)

April 7, 2003 PACER
23

JOINT CASE MANAGEMENT STATEMENT filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Taco Bell Corp., Craig Thomas Yates. (Attachments: # 1 Signature Page (Declarations/Stipulations) of Defense Counsel)(Fox, Timothy) (Entered: 04/09/2003)

1 Signature Page (Declarations/Stipulations) of Defense Counsel

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April 9, 2003 PACER
24

CLERK'S NOTICE vacating Plaintiff's Motion to Strike hearing set for April 22, 2003 @ 9:30 a.m. (mat, ) Additional attachment(s) added on 4/17/2003 (mat, ). (Entered: 04/17/2003)

1 Certificate of Service

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April 17, 2003 PACER
25

CERTIFICATE/PROOF OF SERVICE by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates of Clerk's Notice Dated 4/17/2003 (Fox, Timothy) (Entered: 04/17/2003)

April 17, 2003 PACER
26

ORDER by Judge Jenkins granting 17 Motion to Strike 12 (mjjlc1, ) (Entered: 04/21/2003)

April 21, 2003 PACER
27

Minute Entry: Initial Case Management Conference held on 4/22/2003 before Martin Jenkins.(Court Reporter Not Reporter.) (mat, ) (Entered: 04/24/2003)

April 22, 2003 PACER
28

PRETRIAL ORDER. Signed by Judge Martin J. Jenkins on April 22, 2003. (mat, ) Additional attachment(s) added on 4/24/2003 (mat, ). (Entered: 04/24/2003)

1 Certificate of Service

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April 22, 2003 PACER
29

ORDER by Judge Martin J. Jenkins REFERRING CASE to Mediation. (slh) (Entered: 05/13/2003)

May 6, 2003 PACER
30

STIPULATION to Extend Deadline to Conduct Mediation by Katherine Corbett, Francie E. Moeller, Edward Muegge, Taco Bell Corp., Craig Thomas Yates. (Attachments: # 1 Proposed Order)(Fox, Timothy) (Entered: 05/19/2003)

1 Proposed Order

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May 19, 2003 PACER
31

ORDER REFERRING CASE to Mediation. Signed by Judge Martin Jenkins on 5/23/2003. (mat, ) (Entered: 05/27/2003)

May 23, 2003 PACER
32

MOTION to Amend/Correct Class Action Complaint filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. Motion Hearing set for 8/5/2003 09:30 AM. (Attachments: # 1 Affidavit of Timothy P. Fox# 2 Proposed Order # 3)(Fox, Timothy) (Entered: 06/04/2003)

1 Affidavit of Timothy P. Fox

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2 Proposed Order

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June 4, 2003 PACER
33

STATUS REPORT by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Fox, Timothy) (Entered: 06/24/2003)

June 24, 2003 PACER
34

Minute Entry: Status Conference held on 7/1/2003 before Judge Jenkins. Status Conference set for 12/2/2003 02:00 PM. (Court Reporter - NOT reported.) (slh) (Entered: 07/09/2003)

July 1, 2003 PACER
35

ORDER granting 32 Motion to Amend Class Action Complaint. Signed by Judge Martin J. Jenkins on 7/30/2003. (mat, ) (Entered: 08/01/2003)

Aug. 1, 2003 PACER
36

First AMENDED COMPLAINT (Class Action) & Demand for Jury Trial against all defendants. Filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Fox, Timothy) (Entered: 08/04/2003)

Aug. 4, 2003 PACER
37

ANSWER to Amended Complaint by Taco Bell Corp.. (Goh, Jimmy) (Entered: 08/13/2003)

Aug. 13, 2003 PACER
38

CLERK'S NOTICE of appointment of mediator, Gail Killefer (bt, COURT STAFF) (Entered: 08/26/2003)

Aug. 26, 2003 PACER
39

STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER by Taco Bell Corp.. (Goh, Jimmy) (Entered: 09/15/2003)

Sept. 15, 2003 PACER
40

MOTION to Certify Class filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. Motion Hearing set for 10/21/2003 09:30 AM. (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
41

Declaration of Timothy P. Fox in Support of 40 Motion to Certify Class filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 40 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
42

Proposed Order re 40 Motion to Certify Class by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
43

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
44

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
45

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
46

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
47

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
48

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
49

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
50

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
51

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
52

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
53

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 RECAP
54

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 RECAP
55

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 RECAP
56

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 RECAP
57

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
58

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
59

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
60

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
61

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
62

EXHIBITS re 41 Declaration of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 41 ) (Fox, Timothy) (Entered: 09/16/2003)

Sept. 16, 2003 PACER
63

ORDER Regarding 39 Stipulated Protective Order. Signed by Judge Martin J. Jenkins on 9/17/2003. (mat, COURT STAFF) (Entered: 09/18/2003)

Sept. 18, 2003 PACER
64

STIPULATION FOR ONE DAY EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Taco Bell Corp.. (Goh, Jimmy) (Entered: 09/30/2003)

Sept. 30, 2003 PACER
65

Memorandum in Opposition re 40 Plaintiffs' Motion for Class Certification filed by Taco Bell Corp.. (Attachments: # 1 Declaration of Jim Goh)(Goh, Jimmy) (Entered: 10/01/2003)

1 Declaration of Jim Goh

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Oct. 1, 2003 PACER
66

STIPULATION TO EXTEND THE DEADLINE FOR PLAINTIFFS TO SUBMIT A REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION by Katherine Corbett, Francie E. Moeller, Edward Muegge, Taco Bell Corp., Craig Thomas Yates. (Attachments: # 1 Affidavit of Timothy P. Fox# 2 Proposed Order)(Fox, Timothy) (Entered: 10/03/2003)

1 Affidavit of Timothy P. Fox

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2 Proposed Order

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Oct. 3, 2003 PACER
67

ORDER granting 66 Stipulation. Signed by Judge Martin J. Jenkins on 10/6/2003. (mat, COURT STAFF) (Entered: 10/07/2003)

Oct. 6, 2003 PACER
68

Reply Memorandum to Motion re 40 Class Certification filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
69

Declaration of Timothy P. Fox in Support of 68 Plaintiffs' Reply Brief in Support of Their Motion for Class Certification filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 68 ) (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
70

EXHIBITS re 69 Second Decl. of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 69 ) (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
71

EXHIBITS re 69 Second Decl. of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 69 ) (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
72

EXHIBITS re 69 Second Decl. of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 69 ) (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
73

EXHIBITS re 69 Second Decl. of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 69 ) (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
74

EXHIBITS re 69 Second Decl. of Timothy P. Fox filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 69 ) (Fox, Timothy) (Entered: 10/08/2003)

Oct. 8, 2003 PACER
75

NOTICE of Appearance of Antonio M. Lawson by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (slh, COURT STAFF) (Entered: 10/10/2003)

Oct. 9, 2003 PACER
76

SCHEDULING ORDER . Signed by Judge Martin J. Jenkins on 10/14/03. (mjjlc1, ) (Entered: 10/14/2003)

Oct. 14, 2003 PACER
77

MOTION for Pro Hac Vice admission of attorney Amy F. Robertson (fee status: pd) filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (slh, COURT STAFF) Additional attachment(s) added on 10/20/2003 (slh, COURT STAFF). (Entered: 10/15/2003)

1 Proposed Order

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Oct. 14, 2003 PACER
78

ORDER by Judge Martin J. Jenkins GRANTING Motion for Pro Hac Vice admission of attorney Amy F. Robertson 77 . (slh, COURT STAFF) (Entered: 10/20/2003)

Oct. 15, 2003 PACER
79

ORDER. Signed by Judge Martin J. Jenkins on 11/22/2003. (mat, COURT STAFF) (Filed on 11/24/2003) (Entered: 11/24/2003)

Nov. 24, 2003 PACER
80

Minute Entry: Motion Hearing held on 12/2/2003 before Martin J. Jenkins (Date Filed: 12/3/2003) re 40 MOTION to Certify Class filed by Francie E. Moeller, Edward Muegge, Katherine Corbett, Craig Thomas Yates. (Court Reporter Diane Skillman.) (mat, COURT STAFF) (Date Filed: 12/3/2003) (Entered: 12/03/2003)

Dec. 3, 2003 PACER
81

Brief re 40 Plaintiffs' Supplement to Their Motion for Class Certification filed by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Related document(s) 40 ) (Fox, Timothy) (Filed on 12/3/2003) (Entered: 12/03/2003)

Dec. 3, 2003 PACER
82

STIPULATION to Extend Deadline re Mediation by Katherine Corbett, Francie E. Moeller, Edward Muegge, Taco Bell Corp., Craig Thomas Yates. (Attachments: # 1 Proposed Order)(Fox, Timothy) (Filed on 12/16/2003) (Entered: 12/16/2003)

1 Proposed Order

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Dec. 16, 2003 PACER
83

ORDER granting 82 Stipulation filed by Francie E. Moeller, Edward Muegge, Katherine Corbett, Craig Thomas Yates, Taco Bell Corp.. Signed by Judge Martin J. Jenkins on 12/17/2003. (mat, COURT STAFF) (Filed on 12/18/2003) (Entered: 12/18/2003)

Dec. 18, 2003 PACER
84

ORDER by Judge Martin Jenkins granting 40 Motion for Class Certification. (mat, COURT STAFF) (Filed on 2/24/2004) (Entered: 02/24/2004)

Feb. 24, 2004 PACER
85

STIPULATION To Extend the Deadline To Commence Mediation by Katherine Corbett, Francie E. Moeller, Edward Muegge, Taco Bell Corp., Craig Thomas Yates. (Attachments: # 1 Proposed Order)(Fox, Timothy) (Filed on 3/26/2004) (Entered: 03/26/2004)

1 Proposed Order

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March 26, 2004 PACER
86

CLERK'S NOTICE (mat, COURT STAFF) (Filed on 3/30/2004) Additional attachment(s) added on 4/6/2004 (mat, COURT STAFF). (Entered: 04/01/2004)

March 30, 2004 PACER
87

ORDER granting 85 Third Stipulation filed by Francie E. Moeller, Edward Muegge, Katherine Corbett, Craig Thomas Yates, Taco Bell Corp.. Signed by Judge Martin J. Jenkins on 3/30/2004. (mat, COURT STAFF) (Filed on 3/31/2004) (Entered: 04/01/2004)

March 31, 2004 PACER
88

NOTICE by Taco Bell Corp. of Substitution of Council and Association of Council (Howard, Thomas) (Filed on 6/29/2004) (Entered: 06/29/2004)

June 29, 2004 PACER
89

STATUS REPORT Joint Status Conference Statement by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Fox, Timothy) (Filed on 6/30/2004) (Entered: 06/30/2004)

1 Signature Page (Declarations/Stipulations)

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June 30, 2004 PACER
90

STIPULATION Joint Stipulation to Continue Status Conference by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Attachments: # 1 Signature Page (Declarations/Stipulations) # 2 Proposed Order)(Fox, Timothy) (Filed on 6/30/2004) (Entered: 06/30/2004)

1 Signature Page (Declarations/Stipulations)

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2 Proposed Order

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June 30, 2004 PACER
91

ORDER granting 88 Notice of Substitution of Counsel & Association of Counsel(Other) filed by Taco Bell Corp.. Signed by Judge Martin J. Jenkins on 7/5/2004. (mat, COURT STAFF) (Filed on 7/6/2004) (Entered: 07/06/2004)

July 6, 2004 PACER
92

ORDER granting 90 Stipulated Motion to Continue the Status Conference, filed by Francie E. Moeller, Edward Muegge, Katherine Corbett, Craig Thomas Yates. Signed by Judge Martin J. Jenkins on 7/5/2004. (mat, COURT STAFF) (Filed on 7/6/2004) (Entered: 07/06/2004)

July 6, 2004 PACER
93

JOINT CASE MANAGEMENT STATEMENT Supplemental and Proposed Order filed by Taco Bell Corp.. (Dasteel, Jeffrey) (Filed on 8/23/2004) (Entered: 08/23/2004)

Aug. 23, 2004 PACER
94

Minute Entry: Status Conference held. Further Status Conference set for 1/4/2005 02:00 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 8/31/2004) (Entered: 08/31/2004)

Aug. 31, 2004 PACER
95

STIPULATION Joint Request for Additional Time to Submit Proposal Concerning Special Master by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Attachments: # 1 Proposed Order)(Robertson, Amy) (Filed on 9/14/2004) (Entered: 09/14/2004)

1 Proposed Order

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Sept. 14, 2004 PACER
96

STIPULATION Revised Joint Request for Additional Time to Submit Proposal Concerning Special Master by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Attachments: # 1 Proposed Order)(Fox, Timothy) (Filed on 9/21/2004) (Entered: 09/21/2004)

1 Proposed Order

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Sept. 21, 2004 PACER
97

ORDER granting 96 Stipulation, filed by Francie E. Moeller, Edward Muegge, Katherine Corbett, Craig Thomas Yates. Signed by Judge Martin J. Jenkins on 9/23/2004. (mat, COURT STAFF) (Filed on 9/23/2004) (Entered: 09/23/2004)

Sept. 23, 2004 PACER
98

Proposed Order Appointing Special Master by Taco Bell Corp.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Mooney, Titania) (Filed on 9/28/2004) (Entered: 09/28/2004)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Sept. 28, 2004 PACER
99

STIPULATION re 98 Proposed Order Joint Submission of Substitute Exhibit To [Proposed] Order Appointing Special Master by Katherine Corbett, Francie E. Moeller, Edward Muegge, Craig Thomas Yates. (Attachments: # 1 Exhibit Exhibit B to [Proposed] Order Appointing Special Master)(Robertson, Amy) (Filed on 10/1/2004) (Entered: 10/01/2004)

1 Exhibit Exhibit B to [Proposed] Order Appointing Special Master

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Oct. 1, 2004 PACER
101

ORDER by Judge Martin J. Jenkins appointing Special Master Bob Evans. (slh, COURT STAFF) (Filed on 10/5/2004) Additional attachment(s) added on 10/15/2004 (slh, COURT STAFF). (Entered: 10/08/2004)

Oct. 5, 2004 PACER

State / Territory: California

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Dec. 17, 2002

Closing Date: Sept. 29, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled patrons of Taco Bell Restaurants

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Taco Bell Corporation, Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

State law

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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $5,175,000

Order Duration: 2014 - 2016

Issues

General:

Access to public accommodations - privately owned

Barrier Removal

Bathrooms

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment