Case: Saldana-Neily v. Taco Bell of America

4:04-cv-04571 | U.S. District Court for the Northern District of California

Filed Date: Oct. 28, 2004

Clearinghouse coding complete

Case Summary

On October 28, 2004, a disabled California resident who used a wheelchair for mobility filed a complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell and operators of a Union 76 gas station for having inaccessible restrooms in violation of Title III of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq; the California Public Accommodations Law, California Civil Code §§ 51, 52, 54, 54.1, 54.3, and 55; Califor…

On October 28, 2004, a disabled California resident who used a wheelchair for mobility filed a complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell and operators of a Union 76 gas station for having inaccessible restrooms in violation of Title III of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq; the California Public Accommodations Law, California Civil Code §§ 51, 52, 54, 54.1, 54.3, and 55; California Health and Safety Code, §§ 19955 to 19959; California's Unruh Civil Rights Act, Cal. Civ. Code §§ 51, 52; and the ADA, 42 U.S.C. § 12101FF. The Union 76 parties settled with the plaintiff, agreeing to damages and injunctive relief. Taco Bell is presently a party to a pending class action, and it appears the plaintiff's claim in this case will be resolved in the class action. That case remains pending.

The plaintiff sought an injunction ordering the defendants to remove the barriers to accessibility listed in the complaint and to comply with the statutes above. She also sought a preliminary injunction, statutory damages, treble damages for certain claims, attorneys' fees, and costs.

On January 11, 2006, the District Court approved a consent decree between the plaintiff and the defendants who operated the Union 76 station. The consent decree included $10,000 in damages to the plaintiff and the defendants agreed to undertake remedial work set forth in an evaluation performed by expert Jonathan Adler.

On March 2008, the court adopted the magistrate judge's recommendation for an award of attorneys' fees and costs against these defendants of $48,392.80. Saldana-Neily v. Taco Bell Of America, Inc., No. 04-4571, 2008 U.S. Dist. LEXIS 22915 (N.D. Cal. 2008). On June 19, 2008, the Union 76 parties were dismissed with prejudice by a stipulated order.

One of the owner-operators of the gas station defendants filed a cross claim against Taco Bell, presumably seeking indemnification. However, it appears the plaintiff's claims against Taco Bell will be resolved in a separate class action. The last entry on the docket is on September 9, 2009, and indicates that the case has been transferred to the Oakland division, from San Francisco. The second to last entry is the order dismissing the Union 76 parties. There is no mention of Taco Bell. It appears that the plaintiff in this action is a mandatory class member in a pending class action against Taco Bell. This case, Moeller v. Taco Bell, also in the Northern District of California, appears on the docket as 4:02-cv-05849-PJH. It is also in this database as DR-CA-0024. On January 3, 2005, the District Court in Moeller ordered the case to be related to Saldana-Neily. Presumably, the plaintiff in Saldana-Neily has not settled with Taco Bell because of this pending class action.

Summary Authors

Eric Weiler (8/19/2010)

Related Cases

Moeller v. Taco Bell, Northern District of California (2002)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5723644/parties/saldana-neily-v-taco-bell-of-america-inc/


Judge(s)

Chen, Edward Milton (California)

Fogel, Jeremy D. (California)

Hamilton, Phyllis Jean (California)

Jenkins, Martin J. (California)

Trumbull, Patricia V. (California)

Attorneys(s) for Plaintiff

Barbosa, Patricia (California)

McLean, Julie (California)

Ostil, Julie (California)

Rein, Paul Leslie (California)

Richardson, Julie Alice (California)

Judge(s)

Chen, Edward Milton (California)

Fogel, Jeremy D. (California)

Hamilton, Phyllis Jean (California)

Jenkins, Martin J. (California)

Trumbull, Patricia V. (California)

Attorneys(s) for Plaintiff

Barbosa, Patricia (California)

McLean, Julie (California)

Ostil, Julie (California)

Rein, Paul Leslie (California)

Richardson, Julie Alice (California)

Attorneys(s) for Defendant

Atwood, K. Lucy (California)

Dasteel, Jeffrey H. (California)

Faulkner, William (California)

Grotch, Richard (California)

Hikida, Richard Hidehito (California)

Hurley, Gregory F. (California)

Kirsch, Sharon (California)

McManis, James H. (California)

Mooney, Titania Jean (California)

Documents in the Clearinghouse

Document

4:04-cv-04571

Docket (PACER)

April 5, 2013

April 5, 2013

Docket
2

4:04-cv-04571

Complaint

2004 WL 2880574

Oct. 28, 2004

Oct. 28, 2004

Complaint
15

4:04-cv-04571

Defendant Taco Bell Of America, Inc.'s Answer To Plaintiff's Complaint

Dec. 3, 2004

Dec. 3, 2004

Pleading / Motion / Brief
18

4:04-cv-04571

Defendant Taco Bell Of America, Inc.'s First Amended Answer To Plaintiff's Complaint

Dec. 8, 2004

Dec. 8, 2004

Pleading / Motion / Brief
23

4:04-cv-04571

Hedia Petroleum Inc.'s And Bozorghadad Trust's Answer To Plaintiff's Complaint

Jan. 3, 2005

Jan. 3, 2005

Pleading / Motion / Brief
73

4:04-cv-04571

Consent Decree

Jan. 11, 2005

Jan. 11, 2005

Settlement Agreement
29

4:04-cv-04571

Defendant, Dorothy M. Hiura Trust's, Answer To Plaintiff's Complaint, And Cross Claim Against Taco Bell Corporation

Jan. 21, 2005

Jan. 21, 2005

Pleading / Motion / Brief
39

4:04-cv-04571

Cross-Defendant Taco Bell Corp.'s Answer To Defendant And Cross-Claimant Dorothy M. Hiura Trust's Cross Complaint

March 1, 2005

March 1, 2005

Pleading / Motion / Brief
98

4:04-cv-04571

Order Adopting Report And Recommendation [Granting Plaintiff's Motion For Attorney's Fees]

2008 WL 793872

March 24, 2008

March 24, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5723644/saldana-neily-v-taco-bell-of-america-inc/

Last updated Aug. 2, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

ADR SCHEDULING ORDER: Case Management Statement due by 2/22/2005. Case Management Conference set for 3/1/2005 02:00 PM. (Attachments: # 1 Standing Order) (bw, COURT STAFF) (Filed on 10/28/2004) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

54

ORDER SCHEDULING FURTHER SETTLEMENT CONFERENCE ON JULY 29, 2005 AT 10 A.M. Signed by Judge Maria-Elena James on July 13, 2005. (mejlc2, COURT STAFF) (Filed on 7/13/2005)

July 13, 2005

July 13, 2005

RECAP

Summons Issued as to Bozorghadad Trust, Dorothy M. Hiura Trust, Hedia Petroleum, Inc., Taco Bell of America, Inc.. (bw, COURT STAFF) (Filed on 10/28/2004) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

58

ORDER EXTENDING DEADLINE TO SUBMIT STATUS REPORT TO AUGUST 12, 2005 (re 57 Letter filed by Taco Bell of America, Inc.). Signed by Judge Maria-Elena James on August 9, 2005. (mejlc2, COURT STAFF) (Filed on 8/9/2005)

Aug. 9, 2005

Aug. 9, 2005

RECAP
62

ORDER RE: AMCO INSURANCE COMPANY'S PRESENCE AT THE OCTOBER 26, 2005, SETTLEMENT CONFERENCE. Signed by Judge Maria-Elena James on 10/8/2005. (mejlc2, COURT STAFF) (Filed on 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

RECAP
2

COMPLAINT (Summons Issued); jury demand; against Bozorghadad Trust, Dorothy M. Hiura Trust, Hedia Petroleum, Inc., Taco Bell of America, Inc. ( Filing fee $ 150, receipt number 4410300.). Filed by Ernestina Saldana−Neily. (bw, COURT STAFF) (Filed on 10/28/2004) Additional attachment(s) added on 10/29/2004 (bw, COURT STAFF). (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 10/28/2004) (Entered: 10/28/2004)

Oct. 28, 2004

Oct. 28, 2004

68

ORDER granting 67 Stipulation for A Good Faith Settlement Determination between Plaintiff and The Union 76 Defendant filed by Hedia Petroleum, Inc.,, Bozorghadad Trust,. Signed by Judge Martin J. Jenkins on 12/9/2005. (mat, COURT STAFF) (Filed on 12/9/2005)

Dec. 9, 2005

Dec. 9, 2005

RECAP
3

CONSENT to Proceed Before a US Magistrate Judge by Ernestina Saldana−Neily.. (Rein, Paul) (Filed on 11/5/2004) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

69

ORDER by Judge Martin J. Jenkins for Substitution of Attorney: Attorney Gregory F. Hurley added for Taco Bell. Attorney Jeffrey H. Dasteel terminated. (slh, COURT STAFF) (Filed on 1/3/2006)

Jan. 3, 2006

Jan. 3, 2006

RECAP
72

ORDER granting 71 Stipulation filed by Ernestina Saldana-Neily,. Signed by Judge Martin J. Jenkins on 1/11/2006. (mat, COURT STAFF) (Filed on 1/11/2006)

Jan. 11, 2006

Jan. 11, 2006

RECAP
4

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 1 ADR Scheduling Order, 2 Complaint, (bw, COURT STAFF) (Filed on 11/17/2004) Additional attachment(s) added on 11/17/2004 (bw, COURT STAFF). (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

73

CONSENT DECREE and ORDER as to Campbell Union 76, Hedia Petroleum, Inc., and Bozorghadad. Signed by Judge Martin J. Jenkins on 1/11/2006. (mat, COURT STAFF) (Filed on 1/11/2006)

Jan. 11, 2006

Jan. 11, 2006

RECAP
5

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 1 ADR Scheduling Order, 2 Complaint, (bw, COURT STAFF) (Filed on 11/17/2004) Additional attachment(s) added on 11/17/2004 (bw, COURT STAFF). (Entered: 11/17/2004)

Nov. 17, 2004

Nov. 17, 2004

89

NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Edward M. Chen on 11/2/07. (bpf, COURT STAFF) (Filed on 11/2/2007)

Nov. 2, 2007

Nov. 2, 2007

RECAP
6

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 1 ADR Scheduling Order, 2 Complaint, Bozorghadad Trust (bw, COURT STAFF) (Filed on 11/22/2004) Additional attachment(s) added on 11/23/2004 (bw, COURT STAFF). (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

97

REPORT AND RECOMMENDATION Granting 75 Plaintiff's Motion for Attorney's Fees. Objections to R&R due by 3/14/2008. Signed by Magistrate Judge Edward M. Chen on 3/4/2008. (emcsec, COURT STAFF) (Filed on 3/4/2008)

March 4, 2008

March 4, 2008

RECAP
7

STIPULATION and [Proposed] Order Extending Time for Defenadnt Taco Bell of America, Inc. to Respond to Plaintiff's Complaint by Taco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 11/23/2004) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

8

Certificate of Interested Entities (Dasteel, Jeffrey) (Filed on 11/23/2004) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

98

ORDER by Judge Martin J. Jenkins adopting 97 Report and Recommendations as to 75 Motion for Attorney Fees; (mjjlc1, COURT STAFF) (Filed on 3/24/2008)

March 24, 2008

March 24, 2008

RECAP
9

First Declination to Proceed Before a U.S. Magistrate Judge by Taco Bell of America, Inc. and Request Reassignment to A United States District Judge . (Dasteel, Jeffrey) (Filed on 11/23/2004) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

100

ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 4/10/08. (nah, COURT STAFF) (Filed on 4/10/2008)

April 10, 2008

April 10, 2008

RECAP
107

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF CLAIMS AGAINST HEDIA PETROLEUM AND BOZORGHADAD TRUST ONLY re 106 Stipulation filed by Bozorghadad Trust, Hedia Petroleum, Inc. Signed by Judge Phyllis J. Hamilton on 6/19/08. (nah, COURT STAFF) (Filed on 6/19/2008)

June 19, 2008

June 19, 2008

RECAP
11

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 11/29/2004) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

119

ORDER VACATING STAY AND SCHEDULING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/23/2014. Case Management Conference set for 10/30/2014 09:00 AM. Signed by Judge Phyllis J. Hamilton on 9/24/14. (nahS, COURT STAFF) (Filed on 9/24/2014)

Sept. 24, 2014

Sept. 24, 2014

RECAP
12

ORDER REASSIGNING CASE. Case reassigned to Judge Jeremy Fogel for all further proceedings. Judge Patricia V Trumbull remains as the referral judge. Signed by Executive Committee on November 29, 2004. (bw, COURT STAFF) (Filed on 11/29/2004) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

126

CASE MANAGEMENT AND PRETRIAL ORDER re 125 Case Management Conference - Initial. Signed by Judge Phyllis J. Hamilton on 11/3/14. (nahS, COURT STAFF) (Filed on 11/3/2014)

Nov. 3, 2014

Nov. 3, 2014

RECAP

Clerk mailed copy of Reassignment Order to all parties. (bw, COURT STAFF) (Filed on 11/29/2004) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

13

CLERK'S NOTICE Case Management Conference set for 3/4/2005 at 10:30 AM. (dlm, COURT STAFF) (Filed on 11/30/2004) (Entered: 11/30/2004)

Nov. 30, 2004

Nov. 30, 2004

14

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT. Signed by Judge Jeremy Fogel on 12/1/04. (jfsec, COURT STAFF) (Filed on 12/1/2004) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

15

ANSWER to Complaint byTaco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 12/3/2004) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

16

NOTICE of Related Case and Notice of Pendency Pursuant to Local Rules 3−12 and 3−13 (Dasteel, Jeffrey) (Filed on 12/3/2004) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

17

SUMMONS Returned Executed by Ernestina Saldana−Neily. Dorothy M. Hiura Trust served on 11/23/2004, answer due 12/13/2004. (gm, COURT STAFF) (Filed on 12/7/2004) (Entered: 12/08/2004)

Dec. 7, 2004

Dec. 7, 2004

18

First Amended ANSWER to Complaint byTaco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 12/8/2004) (Entered: 12/08/2004)

Dec. 8, 2004

Dec. 8, 2004

19

NOTICE of Related Case Opposition (Rein, Paul) (Filed on 12/10/2004) (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

20

RESPONSE to re 16 Notice of Related Case Reply to Plaintiff's Opposition to Notice of Related Case and Notice of Pendency by Taco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 12/20/2004) (Entered: 12/20/2004)

Dec. 20, 2004

Dec. 20, 2004

21

STIPULATION for Extension of Time to Answer Complaint by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 12/29/2004) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

22

ORDER RELATING CASE (02−5849) and ORDER REASSIGNING CASE. Case reassigned to Judge Martin J. Jenkins for all further proceedings. Judge Jeremy Fogel and Patricia V Trumbull no longer assigned to case. Signed by Judge Martin J. Jenkins on 12/28/2004. (mat, COURT STAFF) (Filed on 1/3/2005) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

23

ANSWER to Complaint byBozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 1/3/2005) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

24

DEMAND for Trial by Jury by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 1/3/2005) (Entered: 01/03/2005)

Jan. 3, 2005

Jan. 3, 2005

25

ORDER granting 21 Stipulation filed by Hedia Petroleum, Inc.,, Bozorghadad Trust,. Signed by Judge Martin J. Jenkins on 1/3/2005. (mat, COURT STAFF) (Filed on 1/3/2005) (Entered: 01/04/2005)

Jan. 3, 2005

Jan. 3, 2005

26

CLERK'S NOTICE [Reassigned Case] Case Management Conference set for 2/8/2005 02:00 PM. Case Management Statement due by 1/31/2005. (Attachments: # 1 Standing Order) (mat, COURT STAFF) (Filed on 1/7/2005) (Entered: 01/07/2005)

Jan. 7, 2005

Jan. 7, 2005

27

STIPULATION re 2 Complaint, Stipulation Regarding Response to Plaintiff's Complaint by Dorothy M. Hiura Trust. (Faulkner, William) (Filed on 1/14/2005) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

29

Defendant, Dorothy M. Hiura Trust's ANSWER to Complaint with Jury Demand and , CROSSCLAIM against Taco Bell Corporation byDorothy M. Hiura Trust. (Faulkner, William) (Filed on 1/21/2005) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

30

NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) (Attachments: # 1 Attachment A to ADR Certification)(McLean, Julie) (Filed on 1/26/2005) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

31

ADR Clerks Notice Setting ADR Phone Conference on 2/4/05 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/26/2005) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

Summons Issued as to Taco Bell Corporation. (slh, COURT STAFF) (Filed on 1/31/2005) (Entered: 02/02/2005)

Jan. 31, 2005

Jan. 31, 2005

32

JOINT CASE MANAGEMENT STATEMENT filed by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 2/1/2005) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

33

ADR Clerks Notice The ADR Phone Conference has been rescheduled to 11:00 a.m. on 2/4/05. (tjs, COURT STAFF) (Filed on 2/2/2005) (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

ADR Phone Conference by HAH (tjs, COURT STAFF) (Filed on 2/3/2005) (Entered: 02/04/2005)

Feb. 3, 2005

Feb. 3, 2005

34

CERTIFICATE OF SERVICE by Dorothy M. Hiura Trust Cross−Claim on Taco Bell Corporation (Faulkner, William) (Filed on 2/8/2005) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

35

Minute Entry: Initial Case Management Conference held on 2/8/2005 before Martin J. Jenkins (Date Filed: 2/8/2005). (Court Reporter Not reported.) (mat, COURT STAFF) (Date Filed: 2/8/2005) (Entered: 02/15/2005)

Feb. 8, 2005

Feb. 8, 2005

36

STIPULATION and [Proposed] Order Extending Time for Cross−Defendant Taco Bell Corp. to Respond to Defendant and Cross−Claimant's Cross−Complaint by Taco Bell Corporation. (Dasteel, Jeffrey) (Filed on 2/22/2005) (Entered: 02/22/2005)

Feb. 22, 2005

Feb. 22, 2005

37

ORDER granting 36 Stipulation filed by Taco Bell Corporation,. Signed by Judge Martin J. Jenkins on 2/23/2005. (mat, COURT STAFF) (Filed on 2/24/2005) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

38

STIPULATION FOR STAY ON INJUNCTIVE RELIEF AS TO TACO BELL; ARRANGEMENTS FOR SITE INSPECTION AND REFERRAL FOR SETTLEMENT CONFERENCE; PROPOSED ORDER THEREON by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 2/28/2005) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

39

ANSWER TO CROSSCLAIM Cross−Defendant Taco Bell Corp.'s Answer to Defendant and Cross−Claimant Dorothy M. Hiura Trust's Cross−Complaint byTaco Bell Corporation. (Dasteel, Jeffrey) (Filed on 3/1/2005) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

40

Certificate of Interested Entities (Dasteel, Jeffrey) (Filed on 3/1/2005) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

41

ORDER granting 38 Stipulation filed by Ernestina Saldana−Neily, Further Case Management Conference set for 6/14/2005 02:00 PM. Case Management Statement due 6/6/2005. Signed by Judge Martin J. Jenkins on 3/7/2005. (mat, COURT STAFF) (Filed on 3/8/2005) (Entered: 03/08/2005)

March 8, 2005

March 8, 2005

42

ORDER Settlement Conference set for 5/18/2005 10:00 AM.. Signed by Judge MARIA−ELENA JAMES on 4/8/05. (bjt, COURT STAFF) (Filed on 4/8/2005) (Entered: 04/08/2005)

April 8, 2005

April 8, 2005

43

MOTION Administrative Relief: Order for Settlement Conference After Case Management Conference filed by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 4/27/2005) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

45

Proposed Order re 43 MOTION Administrative Relief: Order for Settlement Conference After Case Management Conference by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 5/6/2005) (Entered: 05/06/2005)

May 6, 2005

May 6, 2005

46

ORDER by Judge Martin J. Jenkins granting 43 Motion for Administrative Relief. (mat, COURT STAFF) (Filed on 5/9/2005) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

47

STIPULATION re 42 Order, Set Hearings − to continue settlement conference date by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 5/11/2005) (Entered: 05/11/2005)

May 11, 2005

May 11, 2005

48

ORDER CONTINUING SETTLEMENT CONFERENCE PURSUANT TO STIPULATION; SETTLEMENT CONF. CONTINUED TO JULY 12, 2005 AT 10:00 A.M. Signed by Judge Maria−Elena James on May 23, 2005. (mejlc2, COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

49

CASE MANAGEMENT STATEMENT Plaintiff's Updated Case Management Conference Statement filed by Ernestina Saldana−Neily. (Rein, Paul) (Filed on 6/6/2005) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

50

JOINT CASE MANAGEMENT STATEMENT filed by Taco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 6/6/2005) (Entered: 06/06/2005)

June 6, 2005

June 6, 2005

51

CASE MANAGEMENT STATEMENT Plaintiff's Supplemental Case Management Conference Statement filed by Ernestina Saldana−Neily. (Rein, Paul) (Filed on 6/13/2005) (Entered: 06/13/2005)

June 13, 2005

June 13, 2005

52

Minute Entry: Status Conference (Date Filed: 6/14/2005). (Court Reporter Not reported.) (mat, COURT STAFF) (Date Filed: 6/14/2005) (Entered: 06/16/2005)

June 14, 2005

June 14, 2005

53

Minute Entry: Settlement Conference (Date Filed: 7/12/2005). Further Settlement Conference set for 7/29/2005 10:00 AM. () (bjt, COURT STAFF) (Date Filed: 7/12/2005) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

55

Letter from Plaintiff's Counsel Paul L. Rein. (Rein, Paul) (Filed on 7/26/2005) (Entered: 07/26/2005)

July 26, 2005

July 26, 2005

56

Minute Entry: Settlement Conference (Date Filed: 7/29/2005). Parties to contact Court by 8−5−05 re settlement. (bjt, COURT STAFF) (Date Filed: 7/29/2005) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

57

Letter from Jeffrey H. Dasteel in response to Plaintiff's letter dated July 26, 2005. (Dasteel, Jeffrey) (Filed on 8/2/2005) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

59

Letter from PAUL L. REIN. (Rein, Paul) (Filed on 8/15/2005) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

60

Letter from Jeffrey H. Dasteel. (Dasteel, Jeffrey) (Filed on 8/18/2005) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

61

Letter from Richard G. Grotch Confirming Availability of Counsel for Further Settlement Conference. (Grotch, Richard) (Filed on 8/19/2005) (Entered: 08/19/2005)

Aug. 19, 2005

Aug. 19, 2005

64

Proposed Order and Consent Decree as to Campbell Union 76, Hedia Petroleum Inc. and Bozorghadad Trust Only by Ernestina Saldana−Neily. (Attachments: # 1 Letter)(Rein, Paul) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

65

Letter from Jeffrey H. Dasteel, Esq.. (Dasteel, Jeffrey) (Filed on 11/7/2005) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

66

Letter from Jeffrey H. Dasteel. (Dasteel, Jeffrey) (Filed on 11/7/2005) (Entered: 11/07/2005)

Nov. 7, 2005

Nov. 7, 2005

67

STIPULATION and [Proposed] Order for Good Faith Settlement Determination by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 12/6/2005) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

70

Proposed Order AND CONSENT DECREE by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 1/6/2006) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

71

STIPULATION AND [PROPOSED] ORDER TO WITHDRAW PRIOR CONSENT DECREE by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 1/6/2006) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

74

Letter from Plaintiff's Attorney, Paul Rein. (mat, COURT STAFF) (Filed on 5/23/2006) (Entered: 06/06/2006)

May 23, 2006

May 23, 2006

75

MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRUST ONLY filed by Ernestina Saldana−Neily. Motion Hearing set for 12/4/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

76

Proposed Order re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU by Ernestina Saldana−Neily. (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

77

Declaration of PAUL L. REIN in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 1 and 2# 2 Exhibit 3 part 1# 3 Exhibit 3 part 2# 4 Exhibit 3 part 3# 5 Exhibit 3 part 4# 6 Exhibit 3 part 5# 7 Exhibit 3 part 6# 8 Exhibit 3 part 7# 9 Exhibit 3 part 8# 10 Exhibit 3 part 9)(Related document(s)

Oct. 29, 2007

Oct. 29, 2007

79

EXHIBITS re 77 Declaration in Support,, EXHIBITS TO REIN DEC NUMBER 4 THROUGH 16 filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 6 through 9# 2 Exhibit 10 and 11# 3 Exhibit 12 through 14# 4 Exhibit 15 and 16)(Related document(s) 77 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

80

Declaration of PATRICIA BARBOSA in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 1)(Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

81

Declaration of JULIE OSTIL in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 1)(Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

82

Declaration of STEVEN L. REIN in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU AND EXHIBITS A THROUGH D filed byErnestina Saldana−Neily. (Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

83

Declaration of SID WOLINSKY in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

84

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 83 Declaration in Support, 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU, 76 Proposed Order, 77 Declaration in Support,, 80 Declaration in Support, 81 Declaration in Support, 78 Exhibits, 79 Exhibits, 82 Declaration in Support, (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

85

Proposed Order re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU Corrected Proposed Order by Ernestina Saldana−Neily. (Rein, Paul) (Filed on 10/30/2007) (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

86

ORDER REFERRING MOTION: 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed by Ernestina Saldana−Neily. Signed by Judge Martin J. Jenkins on 10/30/07. (rbe, COURT STAFF) (Filed on 10/30/2007) Additional attachment(s) added on 10/30/2007 (rbe, COURT STAFF). (Entered: 10/30/2007)

Oct. 30, 2007

Oct. 30, 2007

CASE REFERRED to Magistrate Judge Edward M. Chen for Report and Recommendation on attys' fees &costs. (wh, COURT STAFF) (Filed on 10/31/2007) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

87

NOTICE of Change of Address by Richard Hidehito Hikida, Esq (Hikida, Richard) (Filed on 11/1/2007) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

88

NOTICE of Appearance by Richard Hidehito Hikida, Esq (Hikida, Richard) (Filed on 11/1/2007) (Entered: 11/01/2007)

Nov. 1, 2007

Nov. 1, 2007

90

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing reset for 1/2/2008 10:30 AM in Courtroom C, 15th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 11/2/2007) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

91

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing reset for 1/16/2008 10:30 AM in Courtroom C, 15th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

92

Memorandum in Opposition re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU ST filed byBozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 12/12/2007) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

93

DECLARATION of Richard G. Grotch in Opposition to 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU ST filed byBozorghadad Trust, Hedia Petroleum, Inc.. (Related document(s) 75 ) (Grotch, Richard) (Filed on 12/12/2007) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 28, 2004

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Paraplegic patron of restaurant and service station.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Taco Bell Of America, Inc., Private Entity/Person

Dorothy Hiura Trust, Private Entity/Person

Bozorghadad Trust, Private Entity/Person

Hedia Petroleum, Inc., Private Entity/Person

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: $60,000

Order Duration: 2006 - 2007

Content of Injunction:

Preliminary relief request withdrawn/mooted