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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11654553/parties/saldana-neily-v-santa-cruz-school-district/

Judge(s)

Breyer, Charles R. (California)

Fogel, Jeremy D. (California)

Attorney for Plaintiff

Barbosa, Patricia (California)

Attorney for Defendant

Chow, Kathryn (California)

Hawley, James R. (California)

Documents in the Clearinghouse

3:00-cv-03292

Docket From First Case, Which Was Closed

March 26, 2001

March 26, 2001

Docket

5:02-cv-04795

Docket

Aug. 7, 2003

Aug. 7, 2003

Docket
1

5:02-cv-04795

Complaint For Damages And Injunctive Relief . . .

Oct. 4, 2002

Oct. 4, 2002

Complaint
3

5:02-cv-04795

Answer . . .

Nov. 6, 2002

Nov. 6, 2002

Pleading / Motion / Brief
25

5:02-cv-04795

Order Of Dismissal [And Noticing Settlement]

Aug. 6, 2003

Aug. 6, 2003

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11654553/saldana-neily-v-santa-cruz-school-district/

Last updated Oct. 7, 2026, 12:28 a.m.

Docket for: Saldana-Neily v. Santa Cruz School District
ECF Number Date Description Link
Nov. 7, 2000

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

PACER
Dec. 27, 2000

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

PACER
1 Oct. 4, 2002

COMPLAINT summons issued; jury demand; against Santa Cruz School District (Filing fee $150 receipt number 4406571). Filed by Ernestine Saldana-Neily. (bw, ) Additional attachment(s) added on 1/23/2003 (gm, ). (Entered: 10/07/2002)

RECAP
2 Oct. 4, 2002

ADR SCHEDULING ORDER: Case Management Statement due by 1/20/2003. Case Management Conference set for 1/27/2003 at 10:30 AM. (bw, ) (Entered: 10/07/2002)

RECAP
Oct. 4, 2002

Summons Issued as to Santa Cruz School District (bw, )

3 Nov. 6, 2002

SANTA CRUZ CITY SCHOOLS ANSWER to Complaint FOR DAMAGES AND INJUNCTIVE RELIEF; DENIAL OF DISABLED ACCESS TO PUBLIC SCHOOL FACILITIES; TITLE II OF THE AMERICANS WITH DISABILITIES ACT; VIOLATION OF SECTION 504 OF REHABILITATION ACT OF 1973; GOVERNMENT CODE SECTION 4450; CALIFORNIA CIVIL CODE SECTIONS 54 AND 54.1 AND DEMAND FOR JURY TRIAL by Santa Cruz School District. (Hawley, James) (Entered: 11/06/2002)

RECAP
4 Nov. 8, 2002

SUMMONS Returned Executed, by Ernestine Saldana-Neily. Santa Cruz School District (lrd, ) (Entered: 11/08/2002)

RECAP
Jan. 8, 2003

Received Order to continue Case Management Conference by Ernestine Saldana-Neily. (gm, )

5 Jan. 17, 2003

CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer (gm, ) (Entered: 01/17/2003)

RECAP
6 Jan. 24, 2003

STIPULATION and Order to Continue CMC by Ernestine Saldana-Neily. (Rein, Paul) (Entered: 01/24/2003)

RECAP
7 Jan. 30, 2003

STIPULATION AND ORDER TO CONTINUE CASE MANAGMENT CONFERENCE Case Management Conference set for 3/3/2003 at 10:30 AM.Signed by Judge Jeremy Fogel on 1/30/03. (jfsec) (Entered: 01/30/2003)

RECAP
8 Jan. 31, 2003

CLERK'S NOTICE: ADR Phone Conference scheduled for 2/18/03 at 9:30 a.m. Please note that plaintiff's counsel initiates the call to all parties. (tjs, ) (Entered: 01/31/2003)

RECAP
9 Feb. 18, 2003

CLERK'S NOTICE: ADR Phone Conference rescheduled to 2/19/03 at 10:00 a.m. (tjs, ) (Entered: 02/18/2003)

RECAP
Feb. 19, 2003

ADR Phone Conference by RWS (tjs, )

10 Feb. 26, 2003

JOINT CASE MANAGEMENT STATEMENT filed by Ernestine Saldana-Neily. (Rein, Paul) (Entered: 02/26/2003)

RECAP
11 March 6, 2003

Minute Entry: Further Case Management Conference held on 3/3/2003 before Judge Jeremy Fogel. Case referred to Magistrate Judge Maria-Elena James for settlement conference; to occur within 90 days. Continued to 6/2/03 at 10:30 a.m. for Further Case Management conference. (Court Reporter Not reported.) (dlm, ) (Entered: 03/06/2003)

RECAP
12 March 12, 2003

ORDER REFERRING CASE to Magistrate Judge James for Settlement. Signed by Judge James on 3-12-03. (mejlc2, ) (Entered: 03/12/2003)

RECAP
13 May 19, 2003

STIPULATION and Order to Con't CMC by Ernestine Saldana-Neily. (Rein, Paul) (Entered: 05/19/2003)

RECAP
14 May 23, 2003

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 6/23/2003 at 10:30 AM.Signed by Judge Jeremy Fogel on 5/22/03. (jfsec) (Entered: 05/23/2003)

RECAP
15 May 28, 2003

Minute Entry: Settlement Conference held on 5/28/2003 before Hon. Maria-Elena James. (Court Reporter N/A.) (bjt, ) (Entered: 05/28/2003)

RECAP
16 May 29, 2003

CLERK'S NOTICE Case Management Conference set for 6/23/2003 at 10:30 AM. (jfsec) (Entered: 05/29/2003)

RECAP
17 June 17, 2003

CLERK'S NOTICE Case Management Conference rescheduled for 7/28/2003 at 10:30 AM. (jfsec) (Entered: 06/17/2003)

RECAP
19 June 23, 2003

Letter to Magistrate Judge James from James R. Hawley re Settlement Conference continued to 7/8/03 at 2:00. (gm, ) (Entered: 06/27/2003)

RECAP
18 June 24, 2003

CLERK'S NOTICE Case Management Conference set for 8/4/2003 at 10:30 AM. (jfsec) (Entered: 06/24/2003)

RECAP
20 July 8, 2003

Letter re settlement conference from James R. Hawley. (gm, ) (Entered: 07/11/2003)

RECAP
21 July 18, 2003

CLERK'S NOTICE Case Management Conference rescheduled for 8/7/2003 at 10:30 AM. (jfsec) (Entered: 07/18/2003)

RECAP
22 July 22, 2003

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE by Santa Cruz School District. (Hawley, James) (Entered: 07/22/2003)

RECAP
23 July 28, 2003

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE Case Management Conference set for 8/25/2003 at 10:30 AM.Signed by Judge Jeremy Fogel on 7/28/03. (jfsec) (Entered: 07/28/2003)

RECAP
24 July 31, 2003

Minute Entry: Settlement Conference held on 7/30/2003 before HON. MARIA-ELENA JAMES. (Court Reporter n/a.) (bjt, ) (Entered: 07/31/2003)

RECAP
25 Aug. 7, 2003

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 8/6/03. (dlm, ) (Entered: 08/07/2003)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

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

Regional

Santa Cruz School District

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

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

State law

Other Dockets:

Northern District of California 5:02-cv-04795

Northern District of California 3:00-cv-03292

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Private Settlement Agreement

Recommended Citation