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

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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, 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.

	Document
4:02-cv-05849	Docket [PACER]	Nov. 6, 2017	Nov. 6, 2017 Docket
1-1 4:02-cv-05849	Class Action Complaint Demand For Jury Trial	Dec. 17, 2002	Dec. 17, 2002 Complaint
17 4:02-cv-05849	Plaintiffs' Motion To Strike Defendant's Second Defense	Feb. 20, 2003	Feb. 20, 2003 Pleading / Motion / Brief
22 4:02-cv-05849	Response To Plaintiff's Motion To Strike	April 7, 2003	April 7, 2003 Pleading / Motion / Brief
35 4:02-cv-05849	Order Granting Plaintiffs' Motion To Amend Class Action Complaint	July 30, 2003	July 30, 2003 Order/Opinion
36 4:02-cv-05849	First Amended Class Action Complaint Demand For Jury Trial	Aug. 4, 2003	Aug. 4, 2003 Complaint
40 4:02-cv-05849	Plaintiffs' Motion For Class Certification	Sept. 16, 2003	Sept. 16, 2003 Pleading / Motion / Brief
65 4:02-cv-05849	Defendant's Response Brief In Opposition To Plaintiffs' Motion For Class Certification	Oct. 1, 2003	Oct. 1, 2003 Pleading / Motion / Brief
68 4:02-cv-05849	Plaintiffs' Reply Brief In Support Of Their Motion For Class Certification	Oct. 8, 2003	Oct. 8, 2003 Pleading / Motion / Brief
84 4:02-cv-05849	Order Granting Plaintiffs' Motion For Class Certification	Feb. 23, 2004	Feb. 23, 2004 Order/Opinion

ECF Number	Description	Date	Link 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 View on RECAP 2 Issued Summons View on PACER 3 Receipt View on PACER	Dec. 17, 2002	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 View on PACER	Dec. 17, 2002	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	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	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	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	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	Jan. 24, 2003 PACER
8	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, ) (Entered: 01/24/2003)	Jan. 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	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	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	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	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	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	Feb. 5, 2003 PACER
15	CERTIFICATE OF SERVICE by Taco Bell Corp. re 13, 14 (slh, ) (Entered: 02/10/2003)	Feb. 5, 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	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 View on PACER 2 Proposed Order Resetting Case Management Conference View on PACER	Feb. 19, 2003	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 View on PACER 2 Affidavit of Timothy P. Fox View on PACER 3 Proposed Order View on PACER	Feb. 20, 2003	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	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 View on PACER 2 Signature Page (Declarations/Stipulations) of Defendant & Defense Counsel View on PACER	March 26, 2003	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	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	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 View on PACER	April 9, 2003	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 View on PACER	April 17, 2003	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	April 17, 2003 PACER
26	ORDER by Judge Jenkins granting 17 Motion to Strike 12 (mjjlc1, ) (Entered: 04/21/2003)	April 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	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 View on PACER	April 22, 2003	April 22, 2003 PACER
29	ORDER by Judge Martin J. Jenkins REFERRING CASE to Mediation. (slh) (Entered: 05/13/2003)	May 6, 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 View on PACER	May 19, 2003	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	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 View on PACER 2 Proposed Order View on PACER	June 4, 2003	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	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	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	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	Aug. 4, 2003 PACER
37	ANSWER to Amended Complaint by Taco Bell Corp.. (Goh, Jimmy) (Entered: 08/13/2003)	Aug. 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	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	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	Sept. 16, 2003 PACER

Case: Moeller v. Taco Bell

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

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