Case: Saldana-Neily v. Santa Cruz Sch. Dist.

5:02-cv-04795 | U.S. District Court for the Northern District of California

Filed Date: Oct. 4, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On September 11, 2000, a paraplegic woman sued the Santa Cruz School District in the U.S. District Court for the Northern District of California for failing to provide access to persons with mobility impairments at the nursery school her children attended. Specifically, the Plaintiff claimed that paths from the parking lot to the school grounds, front doors, playground, bathrooms, and activities requiring parent-child involvement were inaccessible, all in violation of Title II of the Americans…

On September 11, 2000, a paraplegic woman sued the Santa Cruz School District in the U.S. District Court for the Northern District of California for failing to provide access to persons with mobility impairments at the nursery school her children attended.

Specifically, the Plaintiff claimed that paths from the parking lot to the school grounds, front doors, playground, bathrooms, and activities requiring parent-child involvement were inaccessible, all in violation of Title II of the Americans with Disabilities Act of 1990, 42 USC §12131 et seq; (2) Section 504 of the Rehabilitation Act of 1973, § 29 USC 794; (3) California Government Code §§4450 et seq; and (4) The California Civil Rights Acts, Cal. Civ. Code §§ 54 and 54.1. The Plaintiff sought an injunction forcing the Defendant to remove architectural and other barriers to disabled access, unspecified damages, and attorneys' fees and costs.

On August 7, 2003, the District Court dismissed the case, noting that a settlement agreement had been reached. The details of this settlement agreement are not publicly available.

The case is now closed.

Summary Authors

Eric Weiler (8/19/2010)

People


Judge(s)

Breyer, Charles R. (California)

Fogel, Jeremy D. (California)

James, Maria-Elena (California)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Barbosa, Patricia (California)

Rein, Paul Leslie (California)

Attorneys(s) for Defendant

Chow, Kathryn (California)

Hawley, James R. (California)

Luhe, Kathryn (California)

Judge(s)

Breyer, Charles R. (California)

Fogel, Jeremy D. (California)

James, Maria-Elena (California)

Seeborg, Richard G. (California)

Attorneys(s) for Plaintiff

Barbosa, Patricia (California)

Rein, Paul Leslie (California)

Attorneys(s) for Defendant

Chow, Kathryn (California)

Hawley, James R. (California)

Luhe, Kathryn (California)

Documents in the Clearinghouse

Document

Docket From First Case, Which Was Closed

March 26, 2001 Docket

Docket

Aug. 7, 2003 Docket
1

Complaint For Damages And Injunctive Relief . . .

Oct. 4, 2002 Complaint
3

Answer . . .

Nov. 6, 2002 Pleading / Motion / Brief
25

Order Of Dismissal [And Noticing Settlement]

Aug. 6, 2003 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
2

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi−Option) by Judge Charles R. Breyer : Proof of service to be filed by 10/26/00 ; counsels' case management statement to be filed by 1/2/01 ; initial case management conference will be held 8:30 1/12/01 . (cc: all counsel) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 09/13/2000)

Sept. 11, 2000
3

RETURN OF SERVICE executed upon defendant Santa Cruz School on 10/17/00 by serving agent, Elizabeth A. Ernst. [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 11/03/2000)

Oct. 30, 2000
4

ORDER TO SHOW CAUSE for failure to serve under the provisions of Civil LR 4−2 by Judge Breyer : Order to Show Cause hearing will be held 10:00 12/1/00 ; (cc: all counsel) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 11/06/2000)

Nov. 2, 2000

RECEIVED Stipulation for extension of time to respond to complaint [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 11/08/2000)

Nov. 7, 2000
5

STIPULATION and ORDER by Judge Charles R. Breyer : extending time until 11/30/00 for defendant to answer (cc: all counsel) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 11/08/2000)

Nov. 8, 2000
6

LETTER dated 11/6/00 from Steven L. Rein requesting order to show cause hearing taken off calendar. [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 11/09/2000)

Nov. 8, 2000
7

ANSWER by defendant Santa Cruz School to complaint [1−1] [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 12/01/2000)

Nov. 30, 2000

RECEIVED Substitution of attorneys ( defendant Santa Cruz School ) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 12/28/2000)

Dec. 27, 2000
8

ORDER by Judge Charles R. Breyer withdrawing attorney Kathryn Luhe for Santa Cruz School and substituting attorney James R. Hawley ( Date Entered: 1/3/01) (cc: all counsel) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 01/03/2001)

Jan. 2, 2001
9

JOINT CASE MANAGEMENT STATEMENT filed by plaintiff, defendant. [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 01/05/2001)

Jan. 3, 2001
10

MINUTES: ( C/R none) INITIAL CASE MANAGEMENT CONFERENCE HELD. Further case management conference set for 8:30 5/18/01 , referring case for settlement to Mag. Judge Maria−Elena James [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 01/16/2001)

Jan. 12, 2001
11

NOTICE AND ORDER OF SETTLEMENT CONFERENCE by Mag. Judge Maria−Elena James Settlement conf. (Mag) at 2:00 3/20/01 ; ( Date Entered: 2/14/01) (cc: all counsel) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 02/14/2001)

Feb. 13, 2001
12

SETTLEMENT CONFERENCE MINUTES: before Mag. Judge James ( E/R SC 01−320) ( Hearing Date: 3/20/01) Settlement conference held [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 03/21/2001)

March 20, 2001
13

ORDER by Judge Charles R. Breyer dismissing case without prejudice ; 90−day conditional dismissal ( Date Entered: 3/28/01) (cc: all counsel) [3:00−cv−03292] (mcl, COURT STAFF) (Entered: 03/28/2001)

March 26, 2001

State / Territory: California

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Oct. 4, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paraplegic mother of children at public nursery school

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Santa Cruz School District (Santa Cruz), Regional

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Private Settlement Agreement

Order Duration: 2003 - 0