Case: Darensberg v. Metropolitan Transportation Commission

3:05-cv-01597 | U.S. District Court for the Northern District of California

Filed Date: April 19, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On April 19, 2005, a class of members of racial minority groups who ride buses operated by the Alameda-Contra Costa Transit District ("AC Transit"), a labor union, and a community-based organization filed a federal class action lawsuit under 42 U.S.C. § 1983 against the Metropolitan Transportation Commission ("MTC") in the U.S. District Court for the Northern District of California, San Francisco Division. The plaintiffs alleged that MTC has historically engaged, and continues to engage in a po…

On April 19, 2005, a class of members of racial minority groups who ride buses operated by the Alameda-Contra Costa Transit District ("AC Transit"), a labor union, and a community-based organization filed a federal class action lawsuit under 42 U.S.C. § 1983 against the Metropolitan Transportation Commission ("MTC") in the U.S. District Court for the Northern District of California, San Francisco Division. The plaintiffs alleged that MTC has historically engaged, and continues to engage in a policy, pattern or practice of actions and omissions that have the purpose and effect of discriminating against poor transit riders of color in favor of white, suburban transit users, on the basis of their race and national origin. The plaintiffs asked the court for declaratory and injunctive relief.

In June 2005, the parties consented to proceed before a U.S. Magistrate Judge (Magistrate Judge Elizabeth D. Laporte.) This action was also assigned to the Alternative Dispute Resolution (ADR) Multi-Option Program for the Northern District of California. The parties engaged in ADR discussions running parallel to the litigation. On Feburary 21, 2007, the parties stipulated to class certification.

After Magistrate Judge Laporte denied Plaintiffs' Motion for Summary Judgment, and granted in part and denied in part Defendant's Motion for Summary Judgment, the case went to trial in October 2008. After a prolonged trial, on March 27, 2009, Magistrate Judge Laporte filed Findings of Fact and Conclusions of Law and entered a judgment in favor of the defendant. Although the Court agreed with the plaintiffs that MTC caused a "disparate impact," it found that MTC had a "substantial legitimate justification" for its practices because it had relied on the Partnership Advisory Board in formulating them, and because it had other competing goals to meet (such as reducing highway congestion, enhancing transportation connectivity, ensuring safety and security of transportation system). The Court ruled that these justifications were sufficient to allow MTC to continue these practices in spite of their discriminatory impact.

On April 23, 2009, the plaintiffs appealed the case to the Ninth Circuit Court of Appeals. On February 16, 2011, the Court of Appeals filed an opinion to affirm the judgment of the District Court.

Summary Authors

Xin Chen (4/1/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4182878/parties/darensburg-v-metropolitan-transportation-commission/


Judge(s)

Laporte, Elizabeth D. (California)

Noonan, John T. Jr. (California)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Bloch, Adrienne L. (California)

Brigham, Matthew J. (California)

Dermody, Kelly M. (California)

Fondo, Grant P. (California)

Hasselman, Margaret Elizabeth (California)

Hutchinson, Daniel M. (California)

Jongco, Angelica Kristen (California)

Judge(s)

Laporte, Elizabeth D. (California)

Noonan, John T. Jr. (California)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Bloch, Adrienne L. (California)

Brigham, Matthew J. (California)

Dermody, Kelly M. (California)

Fondo, Grant P. (California)

Hasselman, Margaret Elizabeth (California)

Hutchinson, Daniel M. (California)

Jongco, Angelica Kristen (California)

Lee, Bill Lann (California)

Lye, Linda (California)

Marathe, Neha Mukund (California)

Marcantonio, Richard A. (California)

Mayer, Guillermo (California)

Navarro, Heather Annette Dunn (California)

Nussbaum, Peter David (California)

Purtell, Daniel T. (California)

Rostov, William B. (California)

Santamaria, Jessica Valenzuela (California)

Sekhon, Nirej S. (California)

Steinberger, Sacha Crittenden (California)

VOIGT, ELISABETH (California)

Attorneys(s) for Defendant

Arnold, Karin Manwaring (California)

Chin, Francis F. (California)

Hofmann, Adam Wolff (California)

Manolius, Kimon (California)

Segal, Cynthia E. (California)

Veit, Julia Heller (California)

Webster, Warren Richmond (California)

Other Attorney(s)

Juran, Laura P. (California)

Mass, Julia Harumi (California)

Documents in the Clearinghouse

Document

3:05-cv-01597

Docket

Darensburg v. Metropolitan Transportation Commission

March 17, 2011

March 17, 2011

Docket
45

3:05-cv-01597

Defendant's Amended Motion to Dismiss and Memorandum

Nov. 1, 2005

Nov. 1, 2005

Pleading / Motion / Brief
48

3:05-cv-01597

Plaintiff's Memorandum in Opposition to Defandant's Amended Motion to Dismiss

Nov. 29, 2005

Nov. 29, 2005

Pleading / Motion / Brief
116

3:05-cv-01597

Stipulation and Order re Discovery and Class Certification

Feb. 23, 2007

Feb. 23, 2007

Order/Opinion
137

3:05-cv-01597

Second Amended Complaint

Nov. 1, 2007

Nov. 1, 2007

Complaint
175

3:05-cv-01597

Plaintiff's Memorandum for Summary Adjudication

April 1, 2008

April 1, 2008

Pleading / Motion / Brief
179

3:05-cv-01597

Defendant's Motion for Summary Judgment Against Plaintiffs and the Plaintiff Class for Lack of Standing and Memorandum

April 22, 2008

April 22, 2008

Pleading / Motion / Brief
177

3:05-cv-01597

Defendant's Motion for Summary Judgment Against Plaintiff's ATU and CBE and Memorandum

April 22, 2008

April 22, 2008

Pleading / Motion / Brief
195

3:05-cv-01597

Defendant's Memorandum for Summary Judgment Or in the Alternative Partial Summary Judgment

April 23, 2008

April 23, 2008

Pleading / Motion / Brief
258

3:05-cv-01597

Order Denying Plaintiffs' Motion for Summary Adjudication; Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

Aug. 21, 2008

Aug. 21, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182878/darensburg-v-metropolitan-transportation-commission/

Last updated Aug. 14, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT For Injunctive & Declaratory Relief - [Summons Issued] against Metropolitan Transportation Commission, [Filing Fee: $250.00, Receipt Number 3371505]. Filed by Plaintiffs Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg & Virginia Martinez. (tn, COURT STAFF) (Filed on 4/19/2005) Additional attachment(s) added on 4/20/2005 (tn, COURT STAFF). Additional attachment(s) added on 4/20/2005 (tn, COURT STAFF). (Entered: 04/20/2005)

April 19, 2005

April 19, 2005

PACER
2

ADR SCHEDULING ORDER: Case Management Statement due 8/16/2005 & Initial Case Management Conference set for 8/23/2005 10:00 AM. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Filed on 4/19/2005) (Entered: 04/20/2005)

1 Standing Order

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April 19, 2005

April 19, 2005

PACER
3

CLERK'S NOTICE: Cases C-01-750-TEH and C-05-1597-EDL are not related (tdm, COURT STAFF) (Filed on 5/3/2005) (Entered: 05/03/2005)

May 3, 2005

May 3, 2005

PACER
4

CERTIFICATE OF SERVICE by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez of Summons and Complaint (Sekhon, Nirej) (Filed on 5/5/2005) (Entered: 05/05/2005)

May 5, 2005

May 5, 2005

PACER
5

MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof filed by Metropolitan Transportation Commission. Motion Hearing set for 8/2/2005 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

PACER
6

Request for Judicial Notice re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof filed byMetropolitan Transportation Commission. (Related document(s) 5 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

PACER
7

CONSENT to Proceed Before a US Magistrate Judge by Metropolitan Transportation Commission.. (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

PACER
8

Declaration of Kimon Manolius in Support of 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A)(Related document(s) 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

1 Exhibit A

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June 10, 2005

June 10, 2005

PACER
9

Declaration of Therese McMillan in Support of 8 Declaration in Support,, 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A-O (Manual Filing Notification))(Related document(s) 8, 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

1 Exhibit A-O (Manual Filing Notification)

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June 10, 2005

June 10, 2005

PACER
10

Declaration of Kenneth A. Duron in Support of 8 Declaration in Support,, 9 Declaration in Support,, 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2))(Related document(s) 8, 9, 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

1 Exhibit A (Part 1)

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2 Exhibit A (Part 2)

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June 10, 2005

June 10, 2005

PACER
11

Declaration of Deborah F. McClain in Support of 8 Declaration in Support,, 9 Declaration in Support,, 10 Declaration in Support,, 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2))(Related document(s) 8, 9, 10, 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

1 Exhibit A (Part 1)

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2 Exhibit A (Part 2)

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June 10, 2005

June 10, 2005

PACER
12

CERTIFICATE OF SERVICE by Metropolitan Transportation Commission re 9 Declaration in Support, Manual Filing Notification Regarding: Exhibits A-O to the Declaration of Therese McMillan (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)

June 10, 2005

June 10, 2005

PACER
13

NOTICE of Manual Filing of EXHIBITS A-O to the Declaration of Therese McMillan re 9 Filed by Defendant Metropolitan Transportation Commission. (tn, COURT STAFF) (Filed on 6/13/2005) (Entered: 06/16/2005)

June 13, 2005

June 13, 2005

PACER
14

CONSENT to Proceed Before a US Magistrate Judge by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez.. (Sekhon, Nirej) (Filed on 6/17/2005) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

PACER
15

Proposed Order re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/28/2005) (Entered: 06/28/2005)

June 28, 2005

June 28, 2005

PACER
16

STIPULATION and Proposed Order to Continue Hearing Date by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 6/29/2005) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

PACER
17

STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO DISMISS. Signed by Magistrate Judge Elizabeth D. Laporte on June 30, 2005. (edllc2, COURT STAFF) (Filed on 6/30/2005) (Entered: 06/30/2005)

June 30, 2005

June 30, 2005

RECAP
18

OBJECTIONS to re 6 Request for Judicial Notice, by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 7/25/2005) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

PACER
19

Memorandum in Opposition re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof -- Plaintiffs' Opposition to Defendant Metropolitan Transportation Commission's Motion to Dismiss filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 7/25/2005) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

PACER
20

Proposed Order re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof -- [Proposed] Order Denying Defendant Metropolitan Transportation Commission's Motion to Dismiss by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 7/25/2005) (Entered: 07/25/2005)

July 25, 2005

July 25, 2005

PACER
21

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options for Plaintiff Amalgamated Transit Union Local 192 (Lye, Linda) (Filed on 7/29/2005) (Entered: 07/29/2005)

July 29, 2005

July 29, 2005

PACER
22

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options for Individual Plaintiffs (Sekhon, Nirej) (Filed on 8/2/2005) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
23

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options for Plaintiff Communities for a Better Environment (Sekhon, Nirej) (Filed on 8/2/2005) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
24

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Sekhon, Nirej) (Filed on 8/2/2005) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

PACER
25

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by Parties and Counsel (Manolius, Kimon) (Filed on 8/4/2005) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

PACER
26

REPLY MEMORANDUM in Support of re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof Filed by Metropolitan Transportation Commission. (Veit, Julia) (Filed on 8/9/2005) Modified on 8/16/2005 (tn, COURT STAFF). (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

PACER
27

RESPONSE to Plaintiffs' Objections to Evidence Filed by Metropolitan Transportation Commission. (Related document(s) 5 ) (Veit, Julia) (Filed on 8/9/2005) Modified on 8/16/2005 (tn, COURT STAFF). (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

PACER
28

CONSENT to Proceed Before a US Magistrate Judge by Amalgamated Transit Union, Local 192.. (Nussbaum, Peter) (Filed on 8/12/2005) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

PACER
29

JOINT CASE MANAGEMENT STATEMENT filed by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 8/16/2005) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

PACER
30

Minute Entry: Hearing held on 8/23/2005 before Elizabeth D. Laporte on Defendant's Motion to Dismiss 5 . Court to issue order. (Court Reporter Peppina Thompson) (lh, COURT STAFF) (Date Filed: 8/23/2005) (Entered: 08/24/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
31

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Letter attaching decision filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Enclosure)(Lye, Linda) (Filed on 8/24/2005) (Entered: 08/24/2005)

1 Enclosure

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Aug. 24, 2005

Aug. 24, 2005

PACER
32

NOTICE by Metropolitan Transportation Commission Notice of Change of Main Telephone and Facsimile Numbers (Webster, Warren) (Filed on 8/24/2005) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

PACER
33

ORDER GRANTING WITH LEAVE TO AMEND DEFENDANT'S MOTION TO DISMISS by Magistrate Judge Elizabeth D. Laporte granting with leave to amend 5 Motion to Dismiss (edllc2, COURT STAFF) (Filed on 9/19/2005) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

RECAP
34

AMENDED COMPLAINT First Amended Complaint For Injunctive and Declaratory Relief Pursuant to Fourteenth Amendment to the United States Constitution, 42 USC Section 1983, Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, et seq., and Cal. Gov. Code Section 11135 against Metropolitan Transportation Commission. Filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 10/11/2005) (Entered: 10/11/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
35

MOTION to Dismiss Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by Metropolitan Transportation Commission. Motion Hearing set for 12/6/2005 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Manolius, Kimon) (Filed on 10/28/2005) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
36

Request for Judicial Notice re 35 MOTION to Dismiss Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed byMetropolitan Transportation Commission. (Related document(s) 35 ) (Manolius, Kimon) (Filed on 10/28/2005) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
37

Declaration of Declaration of Alix Bockelman In Support of Motion to Dismiss in Support of 35 MOTION to Dismiss Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed byMetropolitan Transportation Commission. (Related document(s) 35 ) (Manolius, Kimon) (Filed on 10/28/2005) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

PACER
38

EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit A (Part 1)# 2 Exhibit Exhibit A (Part 2)# 3 Exhibit Exhibit A (Part 3)# 4 Exhibit Exhibit B# 5 Exhibit Exhibit C)(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005)

1 Exhibit Exhibit A (Part 1)

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2 Exhibit Exhibit A (Part 2)

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3 Exhibit Exhibit A (Part 3)

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4 Exhibit Exhibit B

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5 Exhibit Exhibit C

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Oct. 31, 2005

Oct. 31, 2005

PACER
39

EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit D (Part 1)# 2 Exhibit Exhibit D (Part 2))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005)

1 Exhibit Exhibit D (Part 1)

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2 Exhibit Exhibit D (Part 2)

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Oct. 31, 2005

Oct. 31, 2005

PACER
40

EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit E (Part 1)# 2 Exhibit Exhibit E (Part 2)# 3 Exhibit Exhibit E (Part 3)# 4 Exhibit Exhibit E (Part 4))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005)

1 Exhibit Exhibit E (Part 1)

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2 Exhibit Exhibit E (Part 2)

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3 Exhibit Exhibit E (Part 3)

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4 Exhibit Exhibit E (Part 4)

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Oct. 31, 2005

Oct. 31, 2005

PACER
41

EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit F# 2 Exhibit Exhibit G# 3 Exhibit Exhibit H# 4 Exhibit Exhibit I (Part 1)# 5 Exhibit Exhibit I (Part 2))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005)

1 Exhibit Exhibit F

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2 Exhibit Exhibit G

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3 Exhibit Exhibit H

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4 Exhibit Exhibit I (Part 1)

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5 Exhibit Exhibit I (Part 2)

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Oct. 31, 2005

Oct. 31, 2005

PACER
42

EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit J# 2 Exhibit Exhibit K (Part 1)# 3 Exhibit Exhibit K (Part 2)# 4 Exhibit Exhibit K (Part 3)# 5 Exhibit Exhibit K (Part 4))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005)

1 Exhibit Exhibit J

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2 Exhibit Exhibit K (Part 1)

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3 Exhibit Exhibit K (Part 2)

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4 Exhibit Exhibit K (Part 3)

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5 Exhibit Exhibit K (Part 4)

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Oct. 31, 2005

Oct. 31, 2005

PACER
43

EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit L# 2 Exhibit Exhibit M)(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005)

1 Exhibit Exhibit L

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2 Exhibit Exhibit M

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Oct. 31, 2005

Oct. 31, 2005

PACER
44

EXHIBITS re 37 Declaration in Support,, 38 Exhibits,, 39 Exhibits,, 40 Exhibits,, 41 Exhibits,, 42 Exhibits,, 43 Exhibits, Replacement Pages to Exhibits to Declaration of Alix Bockelman in Support of Motion to Dismiss filed byMetropolitan Transportation Commission. (Related document(s) 37, 38, 39, 40, 41, 42, 43 ) (Manolius, Kimon) (Filed on 11/1/2005) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
45

Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed by Metropolitan Transportation Commission. Motion Hearing set for 12/13/2005 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Related document(s) 36, 37, 38, 39, 40, 41, 42, 43, 44 ) (Manolius, Kimon) (Filed on 11/1/2005) Modified on 11/2/2005 (ewn, COURT STAFF). (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
46

Renotice motion hearing re 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed byMetropolitan Transportation Commission. Motion Hearing set for 12/20/2005 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Veit, Julia) (Filed on 11/15/2005) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
47

Declaration of Alix Bockelman in Support of 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof, 46 Renotice motion hearing,, 37 Declaration in Support,, 38 Exhibits,, 39 Exhibits,, 40 Exhibits,, 41 Exhibits,, 42 Exhibits,, 43 Exhibits,, 44 Exhibits, Amended Declaration filed byMetropolitan Transportation Commission. (Related document(s) 45, 46, 37, 38, 39, 40, 41, 42, 43, 44 ) (Veit, Julia) (Filed on 11/15/2005) (Entered: 11/15/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
48

Memorandum in Opposition re 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed byVivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 11/29/2005) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
49

OBJECTIONS to Defendant MTC's Request For Judicial Notice by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sekhon, Nirej) (Filed on 11/29/2005) (Entered: 11/29/2005)

1 Exhibit A

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2 Exhibit B

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Nov. 29, 2005

Nov. 29, 2005

PACER
50

MOTION to File Amicus Curiae Brief filed by American Civil Liberties Union Foundation of Northern California. (Attachments: # 1 Declaration of Julia Harumi Mass in Support of Motion for Leave to File Amicus Brief)(Mass, Julia) (Filed on 11/29/2005) (Entered: 11/29/2005)

1 Declaration of Julia Harumi Mass in Support of Motion for Leave to File Amicus

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Nov. 29, 2005

Nov. 29, 2005

PACER
51

Brief of Amicus Curiae in Support of Plaintiffs' Opposition to MTC's Motion to Dismiss filed byAmerican Civil Liberties Union Foundation of Northern California. (Mass, Julia) (Filed on 11/29/2005) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
52

ORDER by Magistrate Judge Elizabeth D. Laporte granting 50 Motion to File Amicus Curiae Brief (edllc2, COURT STAFF) (Filed on 11/30/2005) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

RECAP
53

OBJECTIONS to ACLU's Motion for Leave to File an Amicus Brief. Filed by Defendant Metropolitan Transportation Commission. (Veit, Julia) (Filed on 12/2/2005)....Modified on 12/9/2005 (tn, COURT STAFF). (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

RECAP
54

Reply to Opposition re 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 12/6/2005) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

PACER
55

RESPONSE in Support Response to Objections to Request for Judicial Notice filed byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 12/6/2005) (Entered: 12/06/2005)

Dec. 6, 2005

Dec. 6, 2005

PACER
56

ORDER GRANTING DEFENDANT TIME TO RESPOND TO AMICUS CURIAE BRIEF re 53 Memorandum in Opposition filed by Metropolitan Transportation Commission,, 50 MOTION to File Amicus Curiae Brief filed by American Civil Liberties Union Foundation of Northern California. Signed by Magistrate Judge Elizabeth D. Laporte on December 12, 2005. (edllc2, COURT STAFF) (Filed on 12/12/2005) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

RECAP
57

Memorandum in Opposition to the ACLU-NC's Brief of Amicus Curiae filed byMetropolitan Transportation Commission. (Veit, Julia) (Filed on 12/15/2005) (Entered: 12/15/2005)

Dec. 15, 2005

Dec. 15, 2005

PACER
58

JOINT CASE MANAGEMENT STATEMENT (Amended) filed by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 12/19/2005) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

PACER
59

Minute Entry: Hearing held on 12/20/2005 before Elizabeth D. Laporte. Defendant's Motion to Dismiss 45 - Denied. Further Case Management Conference set for 1/24/2006 10:00 AM. (Court Reporter Joan Columbini)(FTR 2:09pm-2:53pm) (lh, COURT STAFF) (Date Filed: 12/20/2005) (Entered: 12/21/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
60

NOTICE of Change of Address by Kimon Manolius (Manolius, Kimon) (Filed on 12/22/2005) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

PACER
61

JOINT CASE MANAGEMENT STATEMENT (Revised) filed by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 1/17/2006) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER
62

ORDER DENYING DEFENDANT'S MOTION TO DISMISS by Magistrate Judge Elizabeth D. Laporte terminating 35 Motion to Dismiss, denying 45 Motion to Dismiss (edllc2, COURT STAFF) (Filed on 1/20/2006) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

RECAP
63

Minute Entry: Further Case Management Conference held on 1/24/2006 before Elizabeth D. Laporte. Case referred to the Court's ADR Program for a phone conference. Court sets class certification briefing schedule and hearing set for 4/17/2007 09:00 AM. Further Case Management Conference set for 3/21/2006 10:00 AM. (FTR 10:14am - 10:51am) (lh, COURT STAFF) (Date Filed: 1/24/2006) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
64

ADR Clerks Notice Setting ADR Phone Conference on 2/9/06 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/25/2006) (Entered: 01/25/2006)

Jan. 25, 2006

Jan. 25, 2006

PACER
65

STIPULATION Extending Defendant's Time to Respond to First Amended Complaint by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 1/30/2006) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
66

Answer to Amended Complaint Answer to First Amended Complaint byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 2/6/2006) (Entered: 02/06/2006)

Feb. 6, 2006

Feb. 6, 2006

PACER
67

REPORTER'S TRANSCRIPT of Proceedings Held on 12/20/2005 before Mag. Judge Elizabeth D. Laporte - [Court Reporter: Joan Marie Columbini]. (tn, COURT STAFF) (Filed on 2/8/2006) (Entered: 02/09/2006)

Feb. 8, 2006

Feb. 8, 2006

PACER
68

AMENDED ANSWER to First Amended Complaint byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 2/24/2006) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
69

STIPULATION and Protective Order by Metropolitan Transportation Commission. (Veit, Julia) (Filed on 2/24/2006) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
70

STIPULATION AND ORDER AS MODIFIED. Signed by Magistrate Judge Elizabeth D. Laporte on February 24, 2006. (edllc2, COURT STAFF) (Filed on 2/27/2006) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

RECAP
71

NOTICE by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez OF REQUEST TO APPEAR BY TELEPHONE (Sekhon, Nirej) (Filed on 3/7/2006) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

PACER
72

ORDER GRANTING APPLICATION TO APPEAR TELEPHONICALLY re 71 Notice (Other) filed by Communities for a Better Environment,, Sylvia Darensburg,, Virginia Martinez,, Vivian Hain,. Signed by Magistrate Judge Elizabeth D. Laporte on March 7, 2006. (edllc2, COURT STAFF) (Filed on 3/7/2006) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

RECAP
73

JOINT CASE MANAGEMENT STATEMENT filed by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 3/13/2006) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

PACER
74

Minute Entry: Further Case Management Conference held on 3/21/2006 before Elizabeth D. Laporte and continued to 5/16/2006 03:00 PM. (FTR: 10:09am - 10:13am) (lh, COURT STAFF) (Date Filed: 3/21/2006) (Entered: 03/21/2006)

March 21, 2006

March 21, 2006

PACER
75

MOTION to Withdraw as Attorney filed by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 4/8/2006) (Entered: 04/08/2006)

April 8, 2006

April 8, 2006

PACER
76

NOTICE of Change of Address by Julia Harumi Mass, Esq (Mass, Julia) (Filed on 5/9/2006) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

PACER
77

JOINT CASE MANAGEMENT STATEMENT filed by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 5/10/2006) (Entered: 05/10/2006)

May 10, 2006

May 10, 2006

PACER
78

CLERK'S NOTICE continuing the Further Case Management Conference to 6/27/2006 at 10:00 AM. Updated Joint Case Management Statement due by 6/20/2006. (lh, COURT STAFF) (Filed on 5/15/2006) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

PACER
79

MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
80

Declaration of Adrienne L. Bloch in Support of 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Related document(s) 79 ) (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
81

Declaration of Bill Lann Lee in Support of 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J)(Related document(s) 79 ) (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

June 6, 2006

June 6, 2006

PACER
82

Declaration of Yvonne Williams in Support of 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 79 ) (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

June 6, 2006

June 6, 2006

PACER
83

Proposed Order re 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
84

CERTIFICATE OF SERVICE by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez re 80 Declaration in Support,, 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11, 83 Proposed Order,, 82 Declaration in Support,, 81 Declaration in Support,, (Lye, Linda) (Filed on 6/7/2006) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

PACER
85

OBJECTIONS to re 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
86

DECLARATION of Kimon Manolius Re: Discovery Dispute filed byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/9/2006) (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
87

ORDER SETTING BRIEFING SCHEDULE re 85 Objection filed by Metropolitan Transportation Commission,, 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed by Communities for a Better Environment,, Sylvia Darensburg,, Virginia Martinez,, Vivian Hain,, Amalgamated Transit Union, Local 192,. Signed by Magistrate Judge Elizabeth D. Laporte on June 13, 2006. (edllc2, COURT STAFF) (Filed on 6/13/2006) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

RECAP
88

Memorandum in OPPOSITION to Plaintiffs' Motion to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 Filed by Defendant Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/19/2006)... Modified on 6/21/2006 (tn, COURT STAFF). (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

PACER
89

Declaration of Kimon Manolius in Support of 88 Memorandum in Opposition, to Plaintiffs' Motion to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byMetropolitan Transportation Commission. (Related document(s) 88 ) (Manolius, Kimon) (Filed on 6/19/2006) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

PACER
90

JOINT CASE MANAGEMENT STATEMENT filed by Sylvia Darensburg. (Lee, Bill) (Filed on 6/22/2006) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
91

NOTICE by Sylvia Darensburg NOTICE OF WITHDRAWAL OF PLAINTIFFS' MOTION TO ENFORCE AGREED UPON LIMITS ON INTERROGATORIES AND FOR AN EXTENSION OF TIME PURSUANT TO LOCAL RULE 7-11 (Lee, Bill) (Filed on 6/22/2006) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
92

Minute Entry: Further Case Management Conference held on 6/27/2006 before Elizabeth D. Laporte.Case continued to 8/29/2006 10:00 AM for Further Case Management Conference. (FTR 10:16am - 10:23am) (lmh, COURT STAFF) (Date Filed: 6/27/2006) (Entered: 06/27/2006)

June 27, 2006

June 27, 2006

PACER
93

JOINT CASE MANAGEMENT STATEMENT filed by Vivian Hain, Amalgamated Transit Union, Local 192, American Civil Liberties Union Foundation of Northern California, Communities for a Better Environment, Metropolitan Transportation Commission, Sylvia Darensburg, Virginia Martinez. (Lee, Bill) (Filed on 8/22/2006) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

PACER
94

Minute Entry: Further Case Management Conference held on 8/29/2006 before Elizabeth D. Laporte. (FTR 10:42am - 10:48am) (lmh, COURT STAFF) (Date Filed: 8/30/2006) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
95

ORDER FOLLOWING FURTHER CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Elizabeth D. Laporte on August 31, 2006. (edllc2, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

RECAP
96

CLERK'S NOTICE setting a Further Case Management Conference for 10/24/2006 03:00 PM. Joint Case Management Statement due by 10/17/2006. (lmh, COURT STAFF) (Filed on 9/1/2006) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

PACER
97

ADR Clerks Notice Setting ADR Phone Conference on 9/12/06 at 11:00 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/5/2006) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

PACER
98

STIPULATION and [Proposed] Order for Mediation by Sylvia Darensburg. (Lee, Bill) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

PACER
99

JOINT CASE MANAGEMENT STATEMENT filed by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lee, Bill) (Filed on 10/23/2006) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
100

STIPULATION AND ORDER FOR MEDIATION. Signed by Magistrate Judge Elizabeth D. Laporte on October 23, 2006. (edllc2, COURT STAFF) (Filed on 10/23/2006) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

RECAP

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 19, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of members of racial minority groups who ride buses operated by the Alameda-Contra Costa Transit District, a labor union, and a community-based organization

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Metropolitan Transportation Commission (San Francisco), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None