Case: Castaneda v. Burger King Corporation

3:08-cv-04262 | U.S. District Court for the Northern District of California

Filed Date: Sept. 10, 2008

Closed Date: June 12, 2016

Clearinghouse coding complete

Case Summary

On September 10, 2008, a wheelchair user brought a class action in the U.S. District Court for the Northern District of California on behalf of individuals with disabilities who encountered various barriers to accessibility at many of California's 92 Burger King restaurants. He alleged that inaccessible restrooms, high counters, seating areas, and other aspects of Burger King restaurants violated the Americans With Disabilities Act (42 U.S.C. § 12182(a)) and California statutes including the Un…

On September 10, 2008, a wheelchair user brought a class action in the U.S. District Court for the Northern District of California on behalf of individuals with disabilities who encountered various barriers to accessibility at many of California's 92 Burger King restaurants. He alleged that inaccessible restrooms, high counters, seating areas, and other aspects of Burger King restaurants violated the Americans With Disabilities Act (42 U.S.C. § 12182(a)) and California statutes including the Unruh Act and the California Disabled Persons Act.

The complaint alleged that Burger King worked closely with franchisees, overseeing construction and restaurant design, and that these leased restaurants presented numerous barriers to accessibility, including "entry and restroom doors that were very difficult to open, parking lots with insufficient or inadequate accessible parking spots, inaccessible restrooms, narrow or steep sidewalks/ramps, queue lines that were too narrow for . . . wheelchair[s] to navigate, inaccessible seating areas, and drink machines and condiments that were difficult for [the plaintiffs] to reach."

On November 26, 2008, the defendant moved to dismiss the complaint for lack of subject matter jurisdiction both because Castaneda lacked standing to assert claims with respect to Burger King stores he did not personally visit and because the state law claims destroyed diversity jurisdiction; and under Fed. R. Civ. Proc. 12(b)(6) for failure to state a claim, citing a lack of specificity in the complaint.

On February 18, 2009, the court denied the motion in a published opinion ruling that the plaintiffs adequately pled the existence of common discriminatory barriers and policies at Burger King stores, that the plaintiffs pled their ADA claim with adequate specificity, and that supplemental jurisdiction existed over the state law claims. Castaneda v. Burger King Corp, 597 F. Supp. 2d 1035 (N.D. Cal. 2009). The Court also denied the defendant's motion in the alternative for a more definite statement under Rule 12(e) and to strike class allegations under Rule 12(f).

On August 19, 2009, in a published opinion, Magistrate Judge James Larson ordered that exception circumstances warranted the defendant's disclosure of work product. Castaneda v. Burger King Corp., 259 F.R.D. 1994 (N.D. Cal. 2009). Specifically, the court ordered Burger King to produce measurements of counter heights, ramp slopes, and other information, even if this was "work product" it had gathered to remediate the accessibility problems at franchised restaurants. The plaintiffs were unable to obtain this information because Burger King did not identify these restaurants until after the remediation work had commenced.

The plaintiffs moved to certify a class consisting of "all individuals with manual and/or mobility disabilities who use wheelchairs or electric scooters and who were denied during the liability period, or are currently being denied, on the basis of disability, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations in any BKL Restaurant," which the plaintiff estimated to consist of 1000 individuals.

On September 25, 2009, the court granted in part and denied in part the plaintiffs' motion to certify the class, in a published opinion. Castaneda v. Burger King Corp., 264 F.R.D. 557 (N.D. Cal. 2009). The court found that typical ADA class actions proceed against a single store on behalf of all persons with disabilities using that store. The Castaneda action, however, proceeded against 92 stores throughout California, which differed so much in design that there were no common issues among the stores. Thus, "such a large sprawling class will not be certified. Instead, separate classes will be certified against each of the ten individual restaurants where a named plaintiff encountered alleged access barriers." Id. at 559-60.

The court certified ten classes, corresponding to 10 separate restaurants, as: "All individuals with mobility-impairment disabilities who use wheelchairs or electric scooters for mobility who, at any time on or after April 16, 2006, and up to the date of the class notice, were denied, or are currently being denied, on the basis of their mobility-impairment disability, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of [the particular restaurant applicable to that class]." Id. at 564.

The plaintiffs appealed this decision. (The appeal ultimately became moot after the parties settled.)

On February 11, 2010, the plaintiffs filed a motion for partial summary judgment as to violations of disability standards in one restaurant, number 2055. On that same day, the defendant filed a motion for summary judgment as to the plaintiffs' claim for statutory damages under the Unruh Act and California Disabled Persons Act, arguing that franchisees -- not Burger King -- had engaged in discriminatory conduct. Burger King also sought summary judgment as to the ADA claims because the ten restaurants were built before the ADA was enacted. However, the court did not consider these motions because the parties settled the case.

On July 12, 2010, the court approved the settlement agreement. The settlement included an injunction requiring Burger King to remove barriers to accessibility using checklists with specific criteria for remodeling, alteration, maintenance, and monitoring of compliance. The agreement required Burger King to maintain three types of periodic access surveys including: daily surveys by franchisee-managers to ensure access to restrooms and condiments; surveys every three years of parking lots and restroom fixtures; and successor remodeling surveys whenever a restaurant is remodeled, which is roughly every 20 years. The court would retain jurisdiction to enforce these terms for six years after finalization of the agreement.

The settlement also provided for a cash payment of $5,000,000 to the named plaintiffs and 382 class members who opted in. Burger King also agreed to pay $2,500,000 to plaintiffs for attorney's fees and costs, with reductions as an incentive for compliance with the agreement.

No docket entries appear after 2011. The settlement expired in 2016, so the case is now closed.

Summary Authors

Eric Weiler (5/19/2010)

Daniele de Oliveira Nunes (4/21/2019)

Related Cases

Vallabhapurapu v. Burger King, Northern District of California (2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4175704/parties/castaneda-v-burger-king-corporation/


Judge(s)

Alsup, William Haskell (California)

Larson, James L. (California)

Attorneys(s) for Plaintiff

Campins, Julia (California)

Fox, Timothy Patrick (Colorado)

Kilb, Linda D. (California)

Lah, Andrew (California)

Lawson, Antonio (California)

Lee, Bill Lann (California)

Mayeda, Mari (California)

Robertson, Amy Farr (Colorado)

Judge(s)

Alsup, William Haskell (California)

Larson, James L. (California)

Attorneys(s) for Plaintiff

Campins, Julia (California)

Fox, Timothy Patrick (Colorado)

Kilb, Linda D. (California)

Lah, Andrew (California)

Lawson, Antonio (California)

Lee, Bill Lann (California)

Mayeda, Mari (California)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Friedenberg, Adam (California)

Glynn, Clement (California)

Joblove, Michael D. (Florida)

Orlick, Martin H. (California)

Perlman, Jonathan Evan (Florida)

Rodgers, Maureen Anne (California)

Other Attorney(s)

Parks, Shawna L (California)

Pearlman, Paula D. (California)

Documents in the Clearinghouse

Document

09-17210

Docket - Court of Appeals

Castaneda v. Burger King Corporation et al

U. S. Court of Appeals for the Ninth Circuit

Jan. 5, 2010

Jan. 5, 2010

Docket

09-80158

Docket - Court of Appeals

Castaneda v. Burger King Corporation et al

U. S. Court of Appeals for the Ninth Circuit

March 3, 2010

March 3, 2010

Docket

10-15310

Docket - Court of Appeals

Castaneda v. Burger King et al

U. S. Court of Appeals for the Ninth Circuit

March 30, 2010

March 30, 2010

Docket

3:08-cv-04262

Docket - Trial Court

Castaneda v. Burger King Corporation et al

July 18, 2011

July 18, 2011

Docket
162

3:08-cv-04262

Discovery Order

Castaneda v. Burger King Corporation et al

259 F.R.D. 194

Aug. 19, 2006

Aug. 19, 2006

Order/Opinion
1

3:08-cv-04262

Complaint

Castaneda v. Burger King Corporation et al

Sept. 10, 2008

Sept. 10, 2008

Complaint
28

3:08-cv-04262

Defendant Burger King Corporation's Notice Of Motion And Motion To Dismiss For Lack Of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted And Alternatively . . .

Castaneda v. Burger King Corporation et al

Nov. 26, 2008

Nov. 26, 2008

Pleading / Motion / Brief
29

3:08-cv-04262

Memorandum Of Points Authorities In Support Of Defendants Burger King Corporation's Motion To Dismiss

Castaneda v. Burger King Corporation et al

2008 WL 7140554

Nov. 26, 2008

Nov. 26, 2008

Pleading / Motion / Brief
58

3:08-cv-04262

Defendant Burger King Corporation's Reply Memorandum In Support Of Its Motion To Dismiss

Castaneda v. Burger King Corporation et al

2009 WL 4031918

Jan. 29, 2009

Jan. 29, 2009

Pleading / Motion / Brief
69

3:08-cv-04262

ORDER RE DEFENDANTS’ MOTION TO DISMISS; DEFENDANTS’ MOTION FOR A STAY OF CERTAIN DISCOVERY; PLAINTIFF’S MOTION TO COMPEL REMOVAL OF CONFIDENTIAL DESIGNATION

597 F.Supp.2d 1035

Feb. 17, 2009

Feb. 17, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4175704/castaneda-v-burger-king-corporation/

Last updated Aug. 4, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT and DEMAND FOR JURY TRIAL against Burger King Corporation, Burger King Holdings, Inc. ( Filing fee $ 350, receipt number 34611023273.). Filed byMiguel Castaneda. (sis, COURT STAFF) (Filed on 9/10/2008) (Entered: 09/12/2008)

Sept. 10, 2008

Sept. 10, 2008

RECAP

Summons Issued as to Burger King Corporation, Burger King Holdings, Inc.. (sis, COURT STAFF) (Filed on 9/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
2

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (sis, COURT STAFF) (Filed on 9/10/2008) (Entered: 09/12/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
3

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 SCHEDULING ORDER-ADA (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 9/10/2008) (Entered: 09/12/2008)

1 Standing Order

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Sept. 10, 2008

Sept. 10, 2008

RECAP

CASE DESIGNATED for Electronic Filing. (sis, COURT STAFF) (Filed on 9/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
4

CLERK'S NOTICE Scheduling Hearing. Case Management Conference set for 2/12/2009 11:00 AM. Case Management Statement due by 2/5/2009. (dt, COURT STAFF) (Filed on 9/15/2008) (Entered: 09/15/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
5

NOTICE of Appearance by Timothy P. Fox (Fox, Timothy) (Filed on 9/18/2008) (Entered: 09/18/2008)

Sept. 18, 2008

Sept. 18, 2008

PACER
6

MOTION for leave to appear in Pro Hac Vice, Amy F. Robertson, Esq., ( Filing fee $ 210, receipt number 34611023619.) filed by Miguel Castaneda. (Attachments: # 1 Proposed Order)(sis, COURT STAFF) (Filed on 9/22/2008) (Entered: 09/23/2008)

1 Proposed Order

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Sept. 22, 2008

Sept. 22, 2008

PACER
7

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (whalc2, COURT STAFF) (Filed on 9/24/2008) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

RECAP
8

MOTION to Compel Compliance with General Order 56 and Request for Expedited Consideration filed by Miguel Castaneda. Motion Hearing set for 12/4/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order, # 2 Declaration of Amy F. Robertson)(Robertson, Amy) (Filed on 10/23/2008) (Entered: 10/23/2008)

1 Proposed Order

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2 Declaration of Amy F. Robertson

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Oct. 23, 2008

Oct. 23, 2008

PACER
9

ORDER SETTING HEARING ON PLAINTIFF'S DISCOVERY DISPUTE [re 8 MOTION to Compel Compliance with General Order 56 and Request for Expedited Consideration filed by Miguel Castaneda]. Signed by Judge William Alsup on 10/28/2008. (whasec, COURT STAFF) (Filed on 10/28/2008) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

RECAP
10

AMENDED ORDER SETTING HEARING ON PLAINTIFF'S DISCOVERY DISPUTE. Signed by Judge William Alsup on 10/29/2008. (whasec, COURT STAFF) (Filed on 10/29/2008) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

RECAP

Set/Reset Hearings: Discovery Hearing set for 11/10/2008 03:00 PM. (sis, COURT STAFF) (Filed on 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER
11

MOTION for leave to appear in Pro Hac Vice, Jonathan E. Perlman, Esq., ( Filing fee $ 210, receipt number 34611024964.) filed by Burger King Corporation, Burger King Holdings, Inc.. (Attachments: # 1 Proposed Order)(sis, COURT STAFF) (Filed on 10/30/2008) (Entered: 10/30/2008)

1 Proposed Order

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Oct. 30, 2008

Oct. 30, 2008

PACER
12

MOTION for leave to appear in Pro Hac Vice, Michael D. Joblove, Esq., ( Filing fee $ 210, receipt number 34611024963.) filed by Burger King Corporation, Burger King Holdings, Inc.. (Attachments: # 1 Proposed Order)(sis, COURT STAFF) (Filed on 10/30/2008) (Entered: 10/30/2008)

1 Proposed Order

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Oct. 30, 2008

Oct. 30, 2008

PACER
13

ORDER by Judge William Alsup granting 12 Motion for Pro Hac Vice of Michael D. Joblove. (dt, COURT STAFF) (Filed on 10/31/2008) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

PACER
14

ORDER by Judge William Alsup granting 11 Motion for Pro Hac Vice of Jonathan E. Perlman. (dt, COURT STAFF) (Filed on 10/31/2008) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

PACER
15

Memorandum in Opposition re 8 MOTION to Compel Compliance with General Order 56 and Request for Expedited Consideration filed byBurger King Corporation, Burger King Holdings, Inc.. (Friedenberg, Adam) (Filed on 11/6/2008) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

PACER
16

Declaration of Michael D. Joblove in Support of 15 Memorandum in Opposition filed byBurger King Corporation, Burger King Holdings, Inc.. (Related document(s) 15 ) (Friedenberg, Adam) (Filed on 11/6/2008) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

PACER
17

Reply to Opposition re 8 MOTION to Compel Compliance with General Order 56 and Request for Expedited Consideration filed byMiguel Castaneda. (Robertson, Amy) (Filed on 11/7/2008) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER
19

Minute Entry: Motion Hearing held on 11/10/2008 before William Alsup (Date Filed: 11/10/2008) re 8 MOTION to Compel Compliance with General Order 56 and Request for Expedited Consideration filed by Miguel Castaneda. (Court Reporter Margo Gurule.) (dt, COURT STAFF) (Date Filed: 11/10/2008) (Entered: 11/14/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
18

ORDER RE DISCOVERY (whalc2, COURT STAFF) (Filed on 11/12/2008) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

RECAP
20

NOTICE of Voluntary Dismissal of Defendant Burger King Holdings Inc Without Prejudice by Miguel Castaneda (Attachments: # 1 Proposed Order Dismissing Without Prejudice Defendant Burger King Holdings Inc)(Campins, Julia) (Filed on 11/21/2008) (Entered: 11/21/2008)

1 Proposed Order Dismissing Without Prejudice Defendant Burger King Holdings Inc

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Nov. 21, 2008

Nov. 21, 2008

PACER
21

MOTION for Leave to File Excess Pages for Motion to Dismiss Plaintiff's Complaint filed by Burger King Corporation. (Glynn, Clement) (Filed on 11/21/2008) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
22

STIPULATION re 21 MOTION for Leave to File Excess Pages for Motion to Dismiss Plaintiff's Complaint by Burger King Corporation. (Glynn, Clement) (Filed on 11/21/2008) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
23

Proposed Order re 21 MOTION for Leave to File Excess Pages for Motion to Dismiss Plaintiff's Complaint by Burger King Corporation. (Glynn, Clement) (Filed on 11/21/2008) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
24

STIPULATION and [Proposed] Order to Extend Time to Respond to Plaintiff's Complaint and Setting Briefing Schedule for Defendants' Motion to Dismiss by Burger King Corporation. (Glynn, Clement) (Filed on 11/21/2008) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
25

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFF'S COMPLAINT AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS (whalc2, COURT STAFF) (Filed on 11/24/2008) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

RECAP
26

ORDER DISMISSING WITHOUT PREJUDICE DEFENDANT BURGER KING HOLDINGS, INC. (whalc2, COURT STAFF) (Filed on 11/24/2008) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

RECAP
27

ORDER GRANTING 21 DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO EXCEED PAGE LIMITS FOR MOTION TO DISMISS (whalc2, COURT STAFF) (Filed on 11/24/2008) Modified on 11/25/2008 (sis, COURT STAFF). (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

RECAP
28

MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) filed by Burger King Corporation. Motion Hearing set for 1/29/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Friedenberg, Adam) (Filed on 11/26/2008) (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
29

Brief re 28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) filed byBurger King Corporation. (Attachments: # 1 Exhibit A-D)(Related document(s) 28 ) (Friedenberg, Adam) (Filed on 11/26/2008) (Entered: 11/26/2008)

1 Exhibit A-D

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Nov. 26, 2008

Nov. 26, 2008

PACER
30

Declaration of Thomas G. Archer in Support of 28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) filed byBurger King Corporation. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-F)(Related document(s) 28 ) (Friedenberg, Adam) (Filed on 11/26/2008) (Entered: 11/26/2008)

1 Exhibit A-C

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2 Exhibit D-F

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Nov. 26, 2008

Nov. 26, 2008

PACER
31

Transcript of Proceedings held on 11-10-08, before Judge WILLIAM ALSUP. Court Reporter/Transcriber Margaret "Margo" Gurule, Telephone number 415-504-4204. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 3/6/2009. (mng, COURT STAFF) (Filed on 12/9/2008) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

PACER
32

Certificate of Interested Entities by Miguel Castaneda (Campins, Julia) (Filed on 12/12/2008) (Entered: 12/12/2008)

Dec. 12, 2008

Dec. 12, 2008

PACER
33

Consent MOTION for Extension of Time to File Opposition and Reply Briefs and to Reset Oral Argument filed by Miguel Castaneda. (Attachments: # 1 Affidavit Declaration of Amy F. Robertson, # 2 Proposed Order Proposed Order)(Robertson, Amy) (Filed on 12/17/2008) (Entered: 12/17/2008)

1 Affidavit Declaration of Amy F. Robertson

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2 Proposed Order Proposed Order

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Dec. 17, 2008

Dec. 17, 2008

PACER
34

Certificate of Interested Entities by Burger King Corporation (Friedenberg, Adam) (Filed on 12/18/2008) (Entered: 12/18/2008)

Dec. 18, 2008

Dec. 18, 2008

PACER
35

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINES FOR OPPOSITION AND REPLY BRIEFS AND TO RESET ORAL ARGUMENT by Judge Alsup granting 33 Motion for Extension of Time to File (whalc2, COURT STAFF) (Filed on 12/19/2008) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER

Set/Reset Deadlines as to 28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)). Responses due by 1/8/2009. Replies due by 1/29/2009. Motion Hearing set for 2/12/2009 08:00 AM. (sis, COURT STAFF) (Filed on 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
36

STIPULATION Stipulated Protective Order by Burger King Corporation. (Glynn, Clement) (Filed on 12/29/2008) (Entered: 12/29/2008)

Dec. 29, 2008

Dec. 29, 2008

PACER
37

MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed by Burger King Corporation. Motion Hearing set for 2/12/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Glynn, Clement) (Filed on 12/30/2008) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
38

Brief re 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed byBurger King Corporation. (Related document(s) 37 ) (Glynn, Clement) (Filed on 12/30/2008) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
39

Declaration of Thomas G. Archer in Support of 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed byBurger King Corporation. (Related document(s) 37 ) (Glynn, Clement) (Filed on 12/30/2008) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
40

ORDER RE DEFENDANT'S MOTION FOR A STAY OF CERTAIN DISCOVERY [re 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed by Burger King Corporation]. Signed by Judge William Alsup on 12/31/2008. (whasec, COURT STAFF) (Filed on 12/31/2008) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

RECAP
41

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS (whalc2, COURT STAFF) (Filed on 12/31/2008) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

RECAP

Set/Reset Deadlines as to 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint. Responses due by 1/8/2009. Motion Hearing set for 1/9/2009 01:30 PM. (sis, COURT STAFF) (Filed on 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

PACER
42

Memorandum in Opposition re 28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) filed byMiguel Castaneda. (Robertson, Amy) (Filed on 1/8/2009) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
43

Declaration of Miguel Castaneda in Support of 42 Memorandum in Opposition,, to Defendant's Motion to Dismiss filed byMiguel Castaneda. (Related document(s) 42 ) (Robertson, Amy) (Filed on 1/8/2009) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
44

Declaration of Amy Farr Robertson in Support of 42 Memorandum in Opposition,, to Defendant's Motion to Dismiss filed byMiguel Castaneda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 42 ) (Robertson, Amy) (Filed on 1/8/2009) (Entered: 01/08/2009)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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Jan. 8, 2009

Jan. 8, 2009

PACER
45

Memorandum in Opposition re 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed byMiguel Castaneda. (Campins, Julia) (Filed on 1/8/2009) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
46

Declaration of Julia Campins in Support of 45 Memorandum in Opposition to Defendant's Motion for Stay filed byMiguel Castaneda. (Attachments: # 1 Exhibit A)(Related document(s) 45 ) (Campins, Julia) (Filed on 1/8/2009) (Entered: 01/08/2009)

1 Exhibit A

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Jan. 8, 2009

Jan. 8, 2009

PACER
47

ORDER RE DEFENDANT'S MOTION FOR STAY OF CERTAIN DISCOVERY [re 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed by Burger King Corporation]. Signed by Judge William Alsup on 1/8/2009. (whasec, COURT STAFF) (Filed on 1/8/2009) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

RECAP

Set/Reset Deadlines as to 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint. Responses due by 1/22/2009. Replies due by 1/29/2009. Motion Hearing set for 2/12/2009 08:00 AM. (sis, COURT STAFF) (Filed on 1/8/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
48

Transcript of Proceedings held on 11/10/08, before Judge WILLIAM H. ALSUP. Court Reporter/Transcriber Margaret "Margo" Gurule, Telephone number 415-504-4204. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/9/2009. (mng, COURT STAFF) (Filed on 1/12/2009) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
49

Declaration of Julia Campins in Support of 45 Memorandum in Opposition (Supplemental Declaration) filed byMiguel Castaneda. (Attachments: # 1 Exhibit B)(Related document(s) 45 ) (Campins, Julia) (Filed on 1/22/2009) (Entered: 01/22/2009)

1 Exhibit B

View on PACER

Jan. 22, 2009

Jan. 22, 2009

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50

MOTION to Compel Removal of Confidential Designation filed by Miguel Castaneda. Motion Hearing set for 2/12/2009 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Robertson, Amy) (Filed on 1/26/2009) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
51

Proposed Order re 50 MOTION to Compel Removal of Confidential Designation by Miguel Castaneda. (Robertson, Amy) (Filed on 1/26/2009) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
52

Declaration of Amy F. Robertson in Support of 50 MOTION to Compel Removal of Confidential Designation filed byMiguel Castaneda. (Related document(s) 50 ) (Robertson, Amy) (Filed on 1/26/2009) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
53

Declaration of Shahreen Salam in Support of 50 MOTION to Compel Removal of Confidential Designation filed byMiguel Castaneda. (Related document(s) 50 ) (Robertson, Amy) (Filed on 1/26/2009) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
54

Declaration of Julia Campins in Support of 50 MOTION to Compel Removal of Confidential Designation filed byMiguel Castaneda. (Related document(s) 50 ) (Campins, Julia) (Filed on 1/26/2009) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
55

STIPULATION re 50 MOTION to Compel Removal of Confidential Designation by Miguel Castaneda. (Campins, Julia) (Filed on 1/26/2009) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
56

STIPULATION AND ORDER SHORTENING TIME RE PLAINTIFF'S MOTION TO COMPEL REMOVAL OF CONFIDENTIAL DESIGNATION. Signed by Judge William Alsup on 1/27/2009. (whasec, COURT STAFF) (Filed on 1/27/2009) (Entered: 01/27/2009)

Jan. 27, 2009

Jan. 27, 2009

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Set/Reset Deadlines as to 50 MOTION to Compel Removal of Confidential Designation, 28 MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)) MOTION to Dismiss For Lack of Subject Matter Jurisdiction And Failure To State Any Claims Upon Which Relief Can Be Granted, And Alternatively, Motion To Strike And For A More Definite Statement (FRCP 12(b)(1), 12(b)(6), 12(f), 12(e)). Responses due by 2/6/2009. Replies due by 2/10/2009. Motion Hearing set for 2/12/2009 08:00 AM. (sis, COURT STAFF) (Filed on 1/27/2009)

Jan. 27, 2009

Jan. 27, 2009

PACER
57

STIPULATION and [Proposed] Order to Extend Time for Defendant to File Its Reply in Support of its Motion to Stay Certain Discovery by Burger King Corporation. (Rodgers, Maureen) (Filed on 1/29/2009) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
58

Reply Memorandum 28 in Support of Motion to Dismiss filed by Burger King Corporation. (Rodgers, Maureen) (Filed on 1/29/2009) Modified on 1/30/2009 (sis, COURT STAFF). (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
59

Declaration of Catherine A. Van Horn 28 in Support of Defendant's Motion to Dismiss filed by Burger King Corporation. (Rodgers, Maureen) (Filed on 1/29/2009) Modified on 1/30/2009 (sis, COURT STAFF). (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
60

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT TO FILE ITS REPLY IN SUPPORT OF ITS MOTION TO STAY CERTAIN DISCOVERY (whalc2, COURT STAFF) (Filed on 1/30/2009) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

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61

Reply to Opposition re 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed byBurger King Corporation. (Friedenberg, Adam) (Filed on 2/2/2009) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
62

JOINT CASE MANAGEMENT STATEMENT filed by Miguel Castaneda. (Robertson, Amy) (Filed on 2/5/2009) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
63

NOTICE of Change of Address by Timothy P. Fox (Fox, Timothy) (Filed on 2/6/2009) (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
64

Memorandum in Opposition 50 to Plaintiff's Motion to Compel Removal of Confidentiality Designation filed by Burger King Corporation. (Rodgers, Maureen) (Filed on 2/6/2009) Modified on 2/9/2009 (sis, COURT STAFF). (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
65

DECLARATION of Thomas G. Archer 50 in Opposition to Plaintiff's Motion to Compel Removal of Confidentiality Designation filed by Burger King Corporation. (Rodgers, Maureen) (Filed on 2/6/2009) Modified on 2/9/2009 (sis, COURT STAFF). (Entered: 02/06/2009)

Feb. 6, 2009

Feb. 6, 2009

PACER
66

Reply Memorandum re 50 MOTION to Compel Removal of Confidential Designation filed byMiguel Castaneda. (Fox, Timothy) (Filed on 2/10/2009) (Entered: 02/10/2009)

Feb. 10, 2009

Feb. 10, 2009

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67

Minute Entry: Initial Case Management Conference held on 2/12/2009 before William Alsup (Date Filed: 2/12/2009), Motion Hearing held on 2/12/2009 before William Alsup (Date Filed: 2/12/2009) re 50 MOTION to Compel filed by Miguel Castaneda, 37 MOTION to Stay Certain Discovery Pending Ruling on Motion to Dismiss Complaint filed by Burger King Corporation, 28 MOTION to Dismiss, And Alternatively, Motion To Strike And For A More Definite Statement filed by Burger King Corporation. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 2/12/2009) (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
68

CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 12/31/2009. Class certification motion must be filed by 7/29/2009. Jury Trial set for 4/19/2010 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Motions due by 2/11/2010. Pretrial Conference set for 4/5/2010 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 2/12/2009. (whasec, COURT STAFF) (Filed on 2/12/2009) (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
69

ORDER RE DEFENDANTS' MOTION TO DISMISS; DEFENDANTS' MOTION FOR A STAY OF CERTAIN DISCOVERY; PLAINTIFF'S MOTION TO COMPEL REMOVAL OF CONFIDENTIAL DESIGNATION by Judge Alsup denying 28 Motion to Dismiss; denying 37 Motion to Stay; granting 50 Motion to Compel (whalc2, COURT STAFF) (Filed on 2/18/2009) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

RECAP
70

STIPULATION AND [PROPOSED] ORDER ALLOWING THE FILING OF A FIRST AMENDED COMPLAINT by Miguel Castaneda. (Attachments: # 1 Exhibit A: First Amended Complaint)(Campins, Julia) (Filed on 3/6/2009) (Entered: 03/06/2009)

1 Exhibit A: First Amended Complaint

View on PACER

March 6, 2009

March 6, 2009

PACER
71

STIPULATION AND ORDER ALLOWING THE FILING OF A FIRST AMENDED COMPLAINT (whalc2, COURT STAFF) (Filed on 3/9/2009) (Entered: 03/09/2009)

March 9, 2009

March 9, 2009

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72

AMENDED COMPLAINT against Burger King Corporation. Filed byMiguel Castaneda. (Campins, Julia) (Filed on 3/13/2009) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

RECAP
73

ANSWER to Amended Complaint and Affirmative Defenses byBurger King Corporation. (Perlman, Jonathan) (Filed on 3/26/2009) (Entered: 03/26/2009)

March 26, 2009

March 26, 2009

PACER
74

Letter from Amy F. Robertson re: Discovery. (Robertson, Amy) (Filed on 4/14/2009) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

PACER
75

ERRATA re 74 Letter re: Discovery by Miguel Castaneda, Katherine Corbett, Joseph Wellner. (Attachments: # 1 Exhibit 2)(Robertson, Amy) (Filed on 4/15/2009) (Entered: 04/15/2009)

1 Exhibit 2

View on PACER

April 15, 2009

April 15, 2009

PACER
76

ORDER SETTING HEARING ON PLAINTIFF'S DISCOVERY DISPUTE [re 74 Letter filed by Joseph Wellner, Miguel Castaneda, Katherine Corbett]. Signed by Judge William Alsup on 4/15/2009. (whasec, COURT STAFF) (Filed on 4/15/2009) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

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77

REQUEST to Withdraw 74 Letter, 76 Order, 75 Errata and Vacate Hearing Set for April 21, 2009 filed by Miguel Castaneda, Katherine Corbett, Joseph Wellner. (Robertson, Amy) (Filed on 4/17/2009) Modified on 4/17/2009 (sis, COURT STAFF). (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

PACER
78

Letter from Adam Friedenberg re Discovery. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Friedenberg, Adam) (Filed on 5/1/2009) (Entered: 05/01/2009)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

May 1, 2009

May 1, 2009

PACER
79

ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge William Alsup on 5/4/2009. (whasec, COURT STAFF) (Filed on 5/4/2009) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER

CASE REFERRED to Magistrate Judge Magistrate Judge James Larson for Discovery (wh, COURT STAFF) (Filed on 5/4/2009)

May 4, 2009

May 4, 2009

PACER
80

ORDER re 78 Letter filed by Burger King Corporation. Signed by Judge James Larson on 5/8/09. (jlsec, COURT STAFF) (Filed on 5/8/2009) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

RECAP
81

NOTICE of Appearance by Andrew Lah (Lah, Andrew) (Filed on 5/29/2009) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER
82

Statement Joint Statement of Plaintiffs and Defendant Regarding Communications with and Contact Information for Putative Class Members by Miguel Castaneda, Katherine Corbett, Joseph Wellner. (Campins, Julia) (Filed on 6/1/2009) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
83

NOTICE AND ORDER. Signed by Judge James Larson on 6/4/09. (jlsec, COURT STAFF) (Filed on 6/4/2009) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

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84

Brief re 82 Statement Supplemental Memorandum Regarding Defendant's Communications with Putative Class Members filed byMiguel Castaneda, Katherine Corbett, Joseph Wellner. (Related document(s) 82 ) (Lee, Bill) (Filed on 6/12/2009) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
85

Declaration of Julia Campins in Support of 84 Brief filed byMiguel Castaneda, Katherine Corbett, Joseph Wellner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 84 ) (Campins, Julia) (Filed on 6/12/2009) (Entered: 06/12/2009)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

June 12, 2009

June 12, 2009

PACER
86

Declaration of Christopher Barnes in Support of 84 Brief filed byMiguel Castaneda, Katherine Corbett, Joseph Wellner. (Attachments: # 1 Exhibit A)(Related document(s) 84 ) (Lee, Bill) (Filed on 6/12/2009) (Entered: 06/12/2009)

1 Exhibit A

View on PACER

June 12, 2009

June 12, 2009

PACER
87

Declaration of Billie Pierce in Support of 84 Brief filed byMiguel Castaneda, Katherine Corbett, Joseph Wellner. (Related document(s) 84 ) (Lee, Bill) (Filed on 6/12/2009) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

PACER
88

NOTICE by Miguel Castaneda, Katherine Corbett, Joseph Wellner re 86 Declaration in Support Notice of Manual Filing of CD (Lee, Bill) (Filed on 6/12/2009) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

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89

*** FILED IN ERROR. PLEASE SEE DOCKET # 92 . *** Brief re 82 Statement Regarding Communications With and Contact Information For Non-Party Witnesses filed byBurger King Corporation. (Related document(s) 82 ) (Friedenberg, Adam) (Filed on 6/12/2009) Modified on 6/16/2009 (ewn, COURT STAFF). (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

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90

Declaration of Michael Trauben in Support of 89 Brief filed byBurger King Corporation. (Related document(s) 89 ) (Friedenberg, Adam) (Filed on 6/12/2009) (Entered: 06/12/2009)

June 12, 2009

June 12, 2009

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91

EXHIBIT A re 86 Declaration in Support filed byMiguel Castaneda, Katherine Corbett, Joseph Wellner. (Related document(s) 86 ) (sis, COURT STAFF) (Filed on 6/15/2009) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER
92

Brief re 82 Statement Regarding Communications With and Contact Information For Non-Party Witnesses CORRECTION OF DOCKET # 89 filed byBurger King Corporation. (Related document(s) 82 ) (Friedenberg, Adam) (Filed on 6/15/2009) (Entered: 06/15/2009)

June 15, 2009

June 15, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 10, 2008

Closing Date: June 12, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three named plaintiffs were disabled individuals who had patronized Burger King restaurants. Certified class was any disabled individual who visited one of ten specific Burger King restaurants in California and encountered barriers to accessibility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Burger King Corporation, Private Entity/Person

Defendant Type(s):

Restaurant

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)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $7.5m

Order Duration: 2010 - 2016

Issues

General:

Access to public accommodations - privately owned

Disability:

disability, unspecified

Type of Facility:

Non-government for profit