Case: Chambers v. City and County of San Francisco

3:06-cv-06346 | U.S. District Court for the Northern District of California

Filed Date: Oct. 11, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On October 11, 2006, individuals with disabilities in need of long-term care filed a lawsuit under the Americans with Disabilities Act, the Rehabilitation Act, and California law in the United States District Court for the Northern District of California. Plaintiffs, represented by public interest and private counsel, claimed that Defendant failed to provide them with services in the most integrated setting appropriate. Specifically, Plaintiffs claimed that Defendants' policies and practices …

On October 11, 2006, individuals with disabilities in need of long-term care filed a lawsuit under the Americans with Disabilities Act, the Rehabilitation Act, and California law in the United States District Court for the Northern District of California. Plaintiffs, represented by public interest and private counsel, claimed that Defendant failed to provide them with services in the most integrated setting appropriate. Specifically, Plaintiffs claimed that Defendants' policies and practices resulted in Plaintiffs' unnecessary isolation at Laguna Honda Hospital and Rehabilitation Center (Laguna Honda). Plaintiffs sought declaratory and injunctive relief to compel Defendants to provide them with timely access to home and community-based long-term care services.

Named Plaintiffs were a number of current adult residents of Laguna Honda who had disabilities but had been recommended for discharge or who had been identified as being able to live in the community with appropriate service provision.

At the time of filing, Laguna Honda housed more than 1,000 individuals. It had been repeatedly cited for standard of care deficiencies, and CMS had threatened to withdraw federal funding from the hospital. In 2003, the Department of Justice issued a letter of findings against Defendant for violations of the ADA with respect to Laguna Honda. The DOJ ordered Defendant to implement certain remedial measures, but they had not been implemented at the time Plaintiffs filed their complaint.

On January 30, 2007, the court (Judge William Alsup) denied the parties' joint request to stay litigation for the purposes of settlement.

The court granted Plaintiffs' motion for class certification on July 12, 2007. Defendants had filed a statement of non-opposition. The class was defined as: "All adult Medi-Cal beneficiaries who are: (1) residents of Laguna Honda Hospital and Rehabilitation Center; (2) on waiting lists for Laguna Honda Hospital and Rehabilitation Center; (3) within two year post-discharge from Laguna Honda Hospital and Rehabilitation Center; or (4) patients at San Francisco General Hospital or other hospitals owned or controlled by the City and County of San Francisco, who are eligible for discharge to Laguna Honda Hospital and Rehabilitation Center."

On November 16, 2007, the court issued an order regarding preliminary approval of the settlement agreement. The court ordered the parties to meet with Judge Alsup to consider preliminary approval of the settlement agreement before ruling on the request for administrative relief.

On November 26, 2007, the court issued an order regarding the request for administrative relief. The parties had agreed that no individual claims for damages by class members were waived under the settlement agreement. The parties also jointly recommended a $300,000 fee award to class counsel for fees and costs, and $200,000 for compliance oversight. In light of the agreement, the Court approved the parties' joint request for administrative relief.

The parties signed a settlement agreement in December 2007. The parties agreed as follows: the parties would assess the services and housing being provided to named Plaintiffs who had been discharged from Laguna Honda; San Francisco would provide a rental subsidy for independent housing for named Plaintiffs where appropriate; Defendant would alter or begin certain practices to maximize opportunities for class members to access home and community-based services through the Nursing Facility/Acute Hospital Waiver; Defendant would make a Diversion and Community Integration Program fully operational; Defendant would provide case management and wrap-around services; Defendant would preserve, provide, and monitor community-based housing for appropriate class members; Defendant would enhance mental health and substance abuse services at Laguna Honda; and Defendant would limit the capacity of Laguna Honda. The settlement agreement also established grievance procedures for class members and data collection and reporting obligations. The agreement was scheduled to terminate three years from the date of final approval by the Court.

On September 18, 2008, the Court granted final approval of the settlement agreement. The Court entered judgment, awarded attorney fees and costs as agreed by the parties, and retained jurisdiction for the purpose of assuring compliance.

The parties filed a series of joint case management statements from 2009 through 2011 detailing the status of the implementation of the settlement agreement. On Feb. 7, 2011, the court issued an order stating that its jurisdiction would end on Sept. 18, 2011 "as to all rights and obligations of the parties except with regard to the Laguna Honda Hospital Rent Subsidy Program," and on Sept. 18, 2013 "as to all other rights and obligations of the parties." On Sept. 3, 2013, the court issued an order indicating that the defendants had complied with the last of the Settlement terms. In the order, the court modified a Settlement term requiring the defendants to subsidize 500 rental homes for Laguna Honda residents down to 270 homes due to significantly lower demand for such homes.

There has been no further litigation, and it appears to be closed.

Summary Authors

Haley Waller (2/10/2011)

Virginia Weeks (10/18/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166315/parties/chambers-v-city-and-county-of-san-francisco/


Judge(s)

Alsup, William Haskell (California)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Cummings, Larisa M. (California)

Gelber, Eric R. (California)

Gershon, Elissa Staci (California)

Kramer, Robert F. (California)

Mathis, Jennifer (District of Columbia)

Mayerson, Arlene Brynne (California)

Myers, Gregg Aaron (California)

Siemon, Dorothy (District of Columbia)

Judge(s)

Alsup, William Haskell (California)

Attorneys(s) for Plaintiff

Burnim, Ira Abraham (District of Columbia)

Cummings, Larisa M. (California)

Gelber, Eric R. (California)

Gershon, Elissa Staci (California)

Kramer, Robert F. (California)

Mathis, Jennifer (District of Columbia)

Mayerson, Arlene Brynne (California)

Myers, Gregg Aaron (California)

Siemon, Dorothy (District of Columbia)

Song, Joseph (California)

Stortz, Michael James (California)

Su, Henry C. (District of Columbia)

Swain, Kimberly C. (California)

Vignery, Bruce (District of Columbia)

Yee, Silvia (California)

Zirker, Elizabeth Anna (California)

Attorneys(s) for Defendant

Emery, James Moxon (California)

Loebs, Blake Philip (California)

Meyers, Beverly R. (California)

Salisbury, Tracy L. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 3, 2013 Docket
10

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Oct. 12, 2006 Complaint
35

ORDER DENYING REQUEST TO STAY LITIGATION

Jan. 30, 2007 Order/Opinion
42

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS

May 14, 2007 Order/Opinion
53

ORDER GRANTING MOTION FOR CLASS CERTIFICATION

July 12, 2007 Order/Opinion
70

ORDER RE PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT

Nov. 16, 2007 Order/Opinion
73

ORDER RE REQUEST FOR ADMINISTRATIVE RELIEF

Nov. 26, 2007 Order/Opinion
93

SETTLEMENT AGREEMENT

Dec. 11, 2007 Settlement Agreement
83

JOINT NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AGREEMENTS, DIRECTING NOTICE TO THE CLASS, FOR A SCHEDULING ORDER AND FAIRNESS HEARING, AND FOR FINAL APPROVAL OF SETTLEMENT AGREEMENTS

April 24, 2008 Pleading / Motion / Brief
86

ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT, DIRECTING NOTICE TO THE CLASS, FOR A SCHEDULING ORDER AND FAIRNESS HEARING, AND TO VACATE THE TRIAL DATE

May 8, 2008 Order/Opinion

Resources

Title Description External URL

Chambers v. San Francisco

The Bazelon Center

Mark Chambers’ dream “to be part of the world outside” the nursing home he lived in for many years finally came true. On February 1, 2010, Chambers moved into his own apartment, where he receives cas… Jan. 1, 2017 http://www.bazelon.org/chambers-v-san-francisco/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166315/chambers-v-city-and-county-of-san-francisco/

Last updated May 20, 2022, 2:14 a.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against City and County of San Francisco ( Filing fee $ 350, receipt number 4413335.). Filed byWoodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/20/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
9

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 8 SCHEDULING ORDER-ADA (sis, COURT STAFF) (Filed on 10/11/2006)

Oct. 11, 2006 RECAP
28

ADMINISTRATIVE MOTION AND ORDER TO MODIFY SCHEDULING ORDER. Signed by Judge William Alsup on 12/6/2006. (whasec, COURT STAFF) (Filed on 12/6/2006)

Dec. 6, 2006 RECAP

Summons Issued as to City and County of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/12/2006)

Oct. 11, 2006
35

ORDER DENYING REQUEST TO STAY LITIGATION. Signed by Judge Alsup on 1/30/2007. (whalc2, COURT STAFF) (Filed on 1/30/2007)

Jan. 30, 2007 RECAP
2

MOTION for Leave to Proceed in forma pauperis ; Declaration of Elissa Gershon; Plaintff's Applications; Proposed Order filed by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/12/2006)

Oct. 11, 2006

Received Document − ORIGINAL SIGNED APPLICATIONS TO PROCEED IN FORMA PAUPERIS OF PLAINTIFFS PROCEEDING UNDER FICTITIOUS NAMES re 2 MOTION for Leave to Proceed in forma pauperis by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. FILED UNDER SEAL. (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/12/2006)

Oct. 11, 2006
40

ORDER - Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 8/16/2007 09:30 AM. Signed by Magistrate Judge Edward M. Chen on 4/4/2007. (emcsec, COURT STAFF) (Filed on 4/4/2007)

April 4, 2007 RECAP
3

Ex Parte Application To Proceed Under Fictitious Name; Declaration of Elissa Gershon; Memorandum of Points and Authorities in Support Thereof filed by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
42

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on 5/14/2007. (whalc2, COURT STAFF) (Filed on 5/14/2007)

May 14, 2007 RECAP

Received Order re 3 Ex Parte Application by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. FILED UNDER SEAL. (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/12/2006)

Oct. 11, 2006
57

ORDER DENYING APPROVAL OF PROPOSED CLASS NOTICE. Signed by Judge Alsup on 7/23/2007. (whalc2, COURT STAFF) (Filed on 7/23/2007) Additional attachment(s) added on 7/24/2007 (rbe, COURT STAFF).

1 certificate of service

View on PACER

July 23, 2007 RECAP
4

MOTION for leave to appear in Pro Hac Vice, Dorothy Siemon, Esq. filed by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
58

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 7/25/2007. (bzsec, COURT STAFF) (Filed on 7/25/2007)

July 25, 2007 RECAP
61

STIPULATION AND ORDER RE NOTICE OF CLASS CERTIFICATION. Signed by Judge Alsup on 7/30/2007. (whalc2, COURT STAFF) (Filed on 7/30/2007)

July 30, 2007 RECAP
18

Received Order re 4 MOTION for leave to appear in Pro Hac Vice by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
68

ORDER RE REQUEST FOR ADMINISTRATIVE RELIEF. Signed by Judge Alsup on November 16, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007)

Nov. 15, 2007 RECAP
5

MOTION for leave to appear in Pro Hac Vice, Bruce Vignery, Esq., (Receipt No. 4413336) filed by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
19

Received Order re 5 MOTION for leave to appear in Pro Hac Vice by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
70

ORDER RE PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT. Signed by Judge Alsup on November 16, 2007. (whalc2, COURT STAFF) (Filed on 11/16/2007)

Nov. 16, 2007 RECAP
6

MOTION for leave to appear in Pro Hac Vice, Ira A. Burnim, Esq. (Receipt No. 4413338) filed by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
73

ORDER RE REQUEST FOR ADMINISTRATIVE RELIEF. Signed by Judge Alsup on November 26, 2007. (whalc2, COURT STAFF) (Filed on 11/26/2007)

Nov. 26, 2007 RECAP
79

AMENDED CASE MANAGEMENT SCHEDULING ORDER AND REMINDER NOTICE OF UPCOMING TRIAL AND FINAL PRETRIAL CONFERENCE: Bench Trial set for 7/28/2008 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Pretrial Conference set for 7/14/2008 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 3/19/2008. (whasec, COURT STAFF) (Filed on 3/19/2008)

March 19, 2008 RECAP
20

Received Order re 6 MOTION for leave to appear in Pro Hac Vice by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
7

MOTION for leave to appear in Pro Hac Vice, Jennifer Mathis, Esq. (Receipt No. 4413338) filed by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
80

ORDER DENYING SCHEDULING STIPULATION [re 78 Stipulation filed by City and County of San Francisco]. Signed by Judge William Alsup on 3/19/2008. (whasec, COURT STAFF) (Filed on 3/19/2008)

March 19, 2008 RECAP
21

Received Order re 7 MOTION for leave to appear in Pro Hac Vice by Woodrow Falls, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (sis, COURT STAFF) (Filed on 10/11/2006) Additional attachment(s) added on 10/23/2006 (sis, COURT STAFF). (Entered: 10/12/2006)

Oct. 11, 2006
82

STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER. Signed by Judge Alsup on March 24, 2008. (whalc2, COURT STAFF) (Filed on 3/24/2008)

March 24, 2008 RECAP
85

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on April 28, 2008. (whalc2, COURT STAFF) (Filed on 4/28/2008)

April 28, 2008 RECAP
8

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/12/2006)

Oct. 11, 2006
89

ORDER TO REMOVE PLAINTIFF PHILLIP K. FROM FUTURE FILINGS. Signed by Judge Alsup on August 8, 2008. (whalc2, COURT STAFF) (Filed on 8/8/2008)

Aug. 8, 2008 RECAP
93

ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AGREEMENT re 91 Letter filed by The Independent Living Resource Center of San Francisco, Woodrow Falls, Jr., Gerald Scott, Mark Chambers, Mary T., M.H., City and County of San Francisco. Signed by Judge William Alsup on 9/18/8. (dt, COURT STAFF) (Filed on 9/18/2008)

Sept. 18, 2008 RECAP
95

ORDER RE CLOSING FILE. PLEASE RESPOND BY NOON ON 12/1/2008. Signed by Judge William Alsup on 1/21/2008. (whasec, COURT STAFF) (Filed on 11/21/2008)

Nov. 21, 2008 RECAP
24

ORIGINAL SIGNED APPLICATIONS TO PROCEED IFP OF PLAINTIFFS PROCEEDING UNDER FICTITIOUS NAMES filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. FILED UNDER SEAL (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/25/2006)

Oct. 11, 2006

Received Order 3 Motion to Proceed Under Fictitious Names by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. FILED UNDER SEAL. (sis, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/25/2006)

Oct. 11, 2006
102

QUESTIONS FOR COUNSEL AT THE FURTHER CASE MANAGEMENT CONFERENCE. Signed by Judge William Alsup on 6/10/2009. (whasec, COURT STAFF) (Filed on 6/10/2009)

June 10, 2009 RECAP
105

ORDER SETTING FURTHER CMC. Signed by Judge Alsup on December 3, 2009. (whalc2, COURT STAFF) (Filed on 12/3/2009)

Dec. 3, 2009 RECAP
11

Summons Returned Unexecuted by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco as to City and County of San Francisco. (sis, COURT STAFF) (Filed on 10/17/2006) (Entered: 10/17/2006)

Oct. 17, 2006

Summons Issued as to City and County of San Francisco. (sis, COURT STAFF) (Filed on 10/17/2006) (Entered: 10/17/2006)

Oct. 17, 2006
116

MEMORANDUM OPINION CONCERNING THE END OF JURISDICTION IN THIS MATTER. Signed by Judge Alsup on February 7, 2011. (whalc2, COURT STAFF) (Filed on 2/7/2011) (Additional attachment(s) added on 2/7/2011: # 1 Certificate of Service) (dt, COURT STAFF).

1 Certificate of Service

View on PACER

Feb. 7, 2011 RECAP
120

ORDER GRANTING UNOPPOSED MOTION BY ATTORNEYS SONG, SU, MYERS, AND KRAMER TO WITHDRAW AS COUNSEL FOR PLAINTIFFS by Judge Alsup granting 118 Motion to Withdraw as Attorney. Attorney Joseph Song; Henry C. Su; Robert F. Kramer and Gregg Aaron Myers terminated (whalc2, COURT STAFF) (Filed on 3/7/2011)

March 7, 2011 RECAP

Summons Issued as to City and County of San Francisco. Amended (sis, COURT STAFF) (Filed on 10/17/2006) (Entered: 10/17/2006)

Oct. 17, 2006
124

ORDER REGARDING CONTINUING REPORTING AND JURISDICTION re 123 Stipulation, filed by The Independent Living Resource Center of San Francisco, Woodrow Falls, Jr., Gerald Scott, Mark Chambers, Mary T., M.H., Phillip K. (whalc2, COURT STAFF) (Filed on 9/29/2011)

Sept. 29, 2011 RECAP
12

NOTICE of Appearance by Robert F. Kramer (Kramer, Robert) (Filed on 10/18/2006) (Entered: 10/18/2006)

Oct. 18, 2006
13

ORDER GRANTING APPLICATION by Judge William Alsup granting 2 Motion for Leave to Proceed in forma pauperis (dt, COURT STAFF) (Filed on 10/19/2006) (Entered: 10/20/2006)

Oct. 19, 2006
126

ORDER re 125 Letter filed by City and County of San Francisco. Signed by Judge Alsup on 9/3/2013. (whalc2, COURT STAFF) (Filed on 9/3/2013)

Sept. 3, 2013 RECAP
14

ORDER by Judge William Alsup granting 5 Motion for Pro Hac Vice of Bruce Vignery (dt, COURT STAFF) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006
15

ORDER by Judge William Alsup granting 6 Motion for Pro Hac Vice of Ira A. Burnim (dt, COURT STAFF) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006
16

ORDER by Judge William Alsup granting 7 Motion for Pro Hac Vice of Jennifer Mathis (dt, COURT STAFF) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006
17

ORDER by Judge William Alsup granting 4 Motion for Pro Hac Vice of Dorothy Siemon (dt, COURT STAFF) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006
22

CERTIFICATE OF SERVICE by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco (Attachments: # 1 Return of Service−Complaint# 2 Attachment to Return of Service−Complaint# 3 Return of Service−First Amended Complaint)(Gershon, Elissa) (Filed on 10/24/2006) (Entered: 10/24/2006)

Oct. 24, 2006
23

ORDER GRANTING EX PARTE MOTION TO PROCEED UNDER FICTITIOUS NAMES AND SEALING DOCUMENTS by Judge Alsup granting 3 Ex Parte Application. (whalc2, COURT STAFF) (Filed on 10/25/2006) (Entered: 10/25/2006)

Oct. 25, 2006
25

Proposed MOTION Order Setting Initial Case Management Conference filed by Mark Chambers. (Attachments: # 1 Declaration of Elissa Gershon)(Gershon, Elissa) (Filed on 12/1/2006) (Entered: 12/01/2006)

Dec. 1, 2006
26

CERTIFICATE OF SERVICE 25 by Mark Chambers (Gershon, Elissa) (Filed on 12/1/2006) Modified on 12/4/2006 (sis, COURT STAFF). (Entered: 12/01/2006)

Dec. 1, 2006
27

CLERK'S NOTICE Not Relating Case: C−00−2532−SBA (jlm, COURT STAFF) (Filed on 12/1/2006) (Entered: 12/04/2006)

Dec. 1, 2006
29

CERTIFICATE OF SERVICE 28 by Mark Chambers (Gershon, Elissa) (Filed on 12/6/2006) Modified on 12/7/2006 (sis, COURT STAFF). (Entered: 12/06/2006)

Dec. 6, 2006
30

CERTIFICATE OF SERVICE 27 by Mark Chambers Related Case Order (Gershon, Elissa) (Filed on 12/6/2006) Modified on 12/7/2006 (sis, COURT STAFF). (Entered: 12/06/2006)

Dec. 6, 2006
31

NOTICE of Appearance by Kathleen Suzanne Morris (Morris, Kathleen) (Filed on 12/14/2006) (Entered: 12/14/2006)

Dec. 14, 2006
33

Defendant City and County of San Francisco's 10 ANSWER to Amended Complaint and Demand for Trial by Jury byCity and County of San Francisco. (Morris, Kathleen) (Filed on 12/22/2006) Modified on 12/28/2006 (sis, COURT STAFF). (Entered: 12/22/2006)

Dec. 22, 2006
34

STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION FOR SETTLEMENT PURPOSES by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (Gershon, Elissa) (Filed on 1/29/2007) (Entered: 01/29/2007)

Jan. 29, 2007
36

JOINT CASE MANAGEMENT STATEMENT filed by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (Attachments: # 1 Exhibit A (Plaintiffs' Initial Disclosures)# 2 Exhibit B (Defendant's Initial Disclosures))(Su, Henry) (Filed on 2/1/2007) (Entered: 02/01/2007)

Feb. 1, 2007
37

CLERK'S NOTICE Rescheduling Hearing Time. Case Management Conference set for 2/8/2007 04:00 PM. (dt, COURT STAFF) (Filed on 2/6/2007) (Entered: 02/06/2007)

Feb. 6, 2007
38

CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Edward M. Chen for Mediation/Settlement. Bench Trial set for 6/2/2008 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Discovery due by 1/25/2008. Motions due by 3/13/2008. Pretrial Conference set for 5/19/2008 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 2/9/2007. (whasec, COURT STAFF) (Filed on 2/9/2007) (Entered: 02/09/2007)

Feb. 9, 2007
39

Minute Entry: Initial Case Management Conference held on 2/8/2007 before William H. Alsup. CASE REFERRED to Magistrate Judge Chen for Settlement/Mediation. Initial Disclosures shall be completed by 2/28/2007. Last day to file Motion for Class Certification 6/07/2007. Discovery cutoff 1/25/2008. Last day to file Motion for Summary Judgment 3/13/2008. Pretrial Conference set for 5/19/2008 02:00 PM. Bench Trial set for 6/2/2008 07:30 AM. (Court Reporter Belle Ball) (lmh, COURT STAFF) (Date Filed: 2/9/2007) (Entered: 02/09/2007)

Feb. 9, 2007
41

STIPULATION AND (PROPOSED) PROTECTIVE ORDER CONCERNING DISCLOSURE OF INFORMATION FOR NAMED PLAINTIFFS by Mark Chambers. (Gershon, Elissa) (Filed on 5/10/2007) (Entered: 05/10/2007)

May 10, 2007
43

MOTION to Certify Class filed by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T.. Motion Hearing set for 7/13/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Su, Henry) (Filed on 6/7/2007) (Entered: 06/07/2007)

June 7, 2007
44

Declaration of Elissa Gershon in Support of 43 MOTION to Certify Class filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T.. (Related document(s) 43 ) (Su, Henry) (Filed on 6/7/2007) (Entered: 06/07/2007)

June 7, 2007
45

Declaration of Arlene B. Mayerson in Support of 43 MOTION to Certify Class filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T.. (Related document(s) 43 ) (Su, Henry) (Filed on 6/7/2007) (Entered: 06/07/2007)

June 7, 2007
47

*** FILED IN ERROR. PLEASE SEE DOCKET # 48 . *** Declaration of Henry C. Su in Support of 43 MOTION to Certify Class filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T.. (Attachments: # 1 Exhibit A (part 1 of 2)# 2 Exhibit A (part 2 of 2)# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Related document(s) 43 ) (Su, Henry) (Filed on 6/8/2007) Modified on 6/8/2007 (ewn, COURT STAFF). Modified on 6/11/2007 (sis, COURT STAFF). (Entered: 06/08/2007)

June 8, 2007
48

Declaration of Henry C. Su in Support of 43 MOTION to Certify Class CORRECTION OF DOCKET # 47 filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T.. (Related document(s) 43 ) (Su, Henry) (Filed on 6/8/2007) (Entered: 06/08/2007)

June 8, 2007
49

Statement of Non−Opposition re 43 MOTION to Certify Class filed byCity and County of San Francisco. (Related document(s) 43 ) (Morris, Kathleen) (Filed on 6/22/2007) (Entered: 06/22/2007)

June 22, 2007
50

NOTICE by City and County of San Francisco Notice of Unavailability (Morris, Kathleen) (Filed on 6/28/2007) (Entered: 06/28/2007)

June 28, 2007
51

MEMORANDUM in Support re 43 MOTION to Certify Class (Supplemental Memorandum in Support) filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T.. (Attachments: # 1 Affidavit (Supplemental Declaration of Henry C. Su)# 2 Exhibit A)(Related document(s) 43 ) (Su, Henry) (Filed on 6/28/2007) (Entered: 06/28/2007)

June 28, 2007
52

ORDER WITHDRAWING REFERENCE TO JUDGE CHEN AND REFERRING CASE TO JUDGE ZIMMERMAN FOR MEDIATION/SETTLEMENT. Signed by Judge Alsup on 7/12/2007. (whalc2, COURT STAFF) (Filed on 7/12/2007) (Entered: 07/12/2007)

July 12, 2007
53

ORDER GRANTING MOTION FOR CLASS CERTIFICATION by Judge Alsup granting 43 Motion to Certify Class. (whalc2, COURT STAFF) (Filed on 7/12/2007) (Entered: 07/12/2007)

July 12, 2007
54

Minute Entry: Motion Hearing held on 7/12/2007 before William Alsup (Date Filed: 7/12/2007) re 43 MOTION to Certify Class filed by Woodrow Falls, Jr., Gerald Scott, Mark Chambers, Mary T., M.H., Phillip K.. (Court Reporter Jim Yeomans.) (dt, COURT STAFF) (Date Filed: 7/12/2007) (Entered: 07/12/2007)

July 12, 2007
55

NOTICE of Change In Counsel by James Moxon Emery (Emery, James) (Filed on 7/18/2007) (Entered: 07/18/2007)

July 18, 2007
56

STIPULATION and [proposed] order re notice of class certification by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (Attachments: # 1 Exhibit Notice of Class Action)(Zirker, Elizabeth) (Filed on 7/20/2007) (Entered: 07/20/2007)

July 20, 2007
59

STIPULATION Revised Stipulation and Proposed Order Re Class Notice by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (Attachments: # 1 Exhibit Exhibit A to revised stipulation−Class Notice)(Zirker, Elizabeth) (Filed on 7/26/2007) (Entered: 07/26/2007)

July 26, 2007
62

Minute Entry: Settlement Conference held. Further settlement conference scheduled. (Date Filed: 8/28/2007). (bzsec, COURT STAFF) (Date Filed: 8/28/2007) (Entered: 08/28/2007)

Aug. 28, 2007
63

CLERK'S NOTICE SCHEDULING FURTHER SETTLEMENT CONFERENCE. (bzsec, COURT STAFF) (Filed on 8/28/2007) (Entered: 08/28/2007)

Aug. 28, 2007
64

Minute Entry: Settlement Conference held. Further settlement conference scheduled for October 2, 2007 at 9:00 a.m. (Date Filed: 9/25/2007). (bzsec, COURT STAFF) (Date Filed: 9/25/2007) (Entered: 09/25/2007)

Sept. 25, 2007
65

AMENDED Minute Entry correcting date settlement conference was held: Settlement Conference held. Further settlement conference scheduled for October 2, 2007 at 9:00 a.m. (Date Filed: 9/25/2007). (bzsec, COURT STAFF) (Date Filed: 9/25/2007) (Entered: 09/25/2007)

Sept. 25, 2007
66

Minute Entry: Settlement Conference held. (Date Filed: 10/4/2007). (bzsec, COURT STAFF) (Date Filed: 10/4/2007) (Entered: 10/04/2007)

Oct. 4, 2007
67

STIPULATION Request for Administrative Relief; Scheduling Stipulation and [Proposed] Order by City and County of San Francisco. (Emery, James) (Filed on 11/14/2007) (Entered: 11/14/2007)

Nov. 14, 2007
69

RESPONSE in Support Supplemental Brief Supporting The Parties' Joint Request for Administrative Relief filed byCity and County of San Francisco. (Emery, James) (Filed on 11/16/2007) (Entered: 11/16/2007)

Nov. 16, 2007
71

Letter from Defendant City and County of San Francisco To Hon. William Alsup . (Emery, James) (Filed on 11/16/2007) (Entered: 11/16/2007)

Nov. 16, 2007
72

Minute Entry: Hearing re: Status of Settlement held on 11/20/2007 before Judge William Alsup (Date Filed: 11/20/2007). (Court Reporter Belle Ball.) (jjo, COURT STAFF) (Date Filed: 11/20/2007) (Entered: 11/20/2007)

Nov. 20, 2007
74

CLERK'S NOTICE − Judge Jeffrey S. White has reviewed the motion to relate and and has determined that no cases are related and no reassignments shall occur. (jjo, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/04/2007)

Dec. 4, 2007
75

CLERK'S NOTICE − Judge William Alsup has reviewed the motion to relate and has determine that no cases are related and no reassignment shall occur. (dt, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/04/2007)

Dec. 4, 2007
76

Letter from The City and County of San Francisco. (Emery, James) (Filed on 2/14/2008) (Entered: 02/14/2008)

Feb. 14, 2008
77

Letter from James M. Emery to Judge Alsup re City Approval of Tentative Settlement . (Emery, James) (Filed on 3/19/2008) (Entered: 03/19/2008)

March 19, 2008
81

STIPULATION and [Proposed] Order to Modify Scheduling Order by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (Zirker, Elizabeth) (Filed on 3/20/2008) (Entered: 03/20/2008)

March 20, 2008
83

Joint MOTION for Settlement Joint Notice of Motion and Motion for Preliminary Approval of Class Settlement Agreement, Directing Notice to the Class for a Scheduling Order and Fairness Hearing; and to Vacate the Trial Date; Memorandum of Points and Authorities filed by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco, City and County of San Francisco. Motion Hearing set for 5/8/2008 11:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order proposed Order Granting Preliminary Approval of Settlement Agreement, Directing Notice to the Class, for a Scheduling Order and Fairness Hearing, and to Vacate the Trial Date, # 2 Declaration of Elissa Gershon in Support of Joint Motion, # 3 Exhibits 1,2 & 3 to Gershon Declaration in Support of Motion)(Gershon, Elissa) (Filed on 4/24/2008) (Entered: 04/24/2008)

April 24, 2008
84

Letter Brief re: Proposed Protective Order to be considered in conjunction with the Settlement Agreement filed byWoodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco. (Attachments: # 1 Proposed Order Protective Order: Stipulation and [Proposed] Order, # 2 Exhibit Exhibit A to Proposed Protective Order, # 3 Exhibit Exhibit B to Proposed Protective Order)(Gershon, Elissa) (Filed on 4/24/2008) (Entered: 04/24/2008)

April 24, 2008
86

ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT by Judge William Alsup granting 83 Motion for Settlement. Fairness Hearing set for 9/18/2008 12:00 PM. (dt, COURT STAFF) (Filed on 5/8/2008) (Entered: 05/08/2008)

May 8, 2008
87

Minute Entry: Motion Hearing held on 5/8/2008 before William Alsup (Date Filed: 5/8/2008) re 83 Joint MOTION for Settlement Joint Notice of Motion and Motion for Preliminary Approval of Class Settlement Agreement, Directing Notice to the Class for a Scheduling Order and Fairness Hearing; and to Vacate the Trial Date; Memorandum of Points and Au filed by Woodrow Falls, Jr., Mark Chambers, Mary T., M.H., City and County of San Francisco, The Independent Living Resource Center of San Francisco, Gerald Scott, Phillip K. Motion Hearing set for 9/18/2008 12:00 PM. (Court Reporter Kathy Wyatt.) (dt, COURT STAFF) (Date Filed: 5/8/2008) (Entered: 05/08/2008)

May 8, 2008
88

NOTICE by Woodrow Falls, Jr, M.H., Mark Chambers, Phillip K., Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco And Proposed Order to Remove Name of Phillip K. from Future Filings due to his Death (Attachments: # 1 Declaration of)(Zirker, Elizabeth) (Filed on 8/7/2008) (Entered: 08/07/2008)

Aug. 7, 2008
90

Letter Brief RE: Responses during Notice Period filed byWoodrow Falls, Jr, M.H., Mark Chambers, Gerald Scott, Mary T., The Independent Living Resource Center of San Francisco, City and County of San Francisco. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Zirker, Elizabeth) (Filed on 8/15/2008) (Entered: 08/15/2008)

Aug. 15, 2008
91

Letter from Parties re Fairness Hearing in Chambers v. CCSF . (Attachments: # 1 Proposed Order Granting Final Approval of Settlement Agreement)(Gershon, Elissa) (Filed on 9/15/2008) (Entered: 09/15/2008)

Sept. 15, 2008

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Oct. 11, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Adults with disabilities needing long-term care

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City and County of San Francisco (San Francisco), County

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)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Benefit Source:

Medicaid