Case: Padilla v. Ryan

5:98-cv-20309 | U.S. District Court for the Northern District of California

Filed Date: April 7, 1998

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On April 7, 1998, several past and present prisoners at and visitors to Santa Clara County jail facilities who are deaf and rely on sign language for effective communication filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Jose Division, against the Santa Clara Department of Corrections. The plaintiffs, represented by the Disability Rights Education & Defense Fund, the California Center for Law and the Deaf, AIDS Legal Services and private cou…

On April 7, 1998, several past and present prisoners at and visitors to Santa Clara County jail facilities who are deaf and rely on sign language for effective communication filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Jose Division, against the Santa Clara Department of Corrections. The plaintiffs, represented by the Disability Rights Education & Defense Fund, the California Center for Law and the Deaf, AIDS Legal Services and private counsel, filed suit under 42 U.S.C. § 1983; Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-34; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, claiming that they were being excluded from a wide range of correctional programs and services on the basis of their disabilities. Specifically, the plaintiffs alleged that the defendant had discriminated against deaf and hard of hearing prisoners by failing to provide appropriate auxiliary aids and services where necessary for effective communication, failing to provide notice to deaf and hard of hearing inmates of their rights under the ADA, and failing to make available, to deaf and hard of hearing inmates, information about the existence and location of accessible services. The plaintiffs sought declaratory and injunctive relief.

On April 21, 1998, the plaintiffs moved the court to certify the class action and to grant a preliminary injunction. On April 29, the defendants moved to dismiss the case for failure to state a claim. On June 29, 1998, the United States filed a motion to participate as amicus curiae and a memorandum in support of plaintiffs' motion for preliminary injunction.

The District Court (Judge Ronald M. Whyte) set hearings for all motions in the August and September, but these hearings were postponed as the parties attempted to settle the case. They reached an agreement in the first few months of 1999. Under the terms of the settlement, the defendants agreed to provide disability training for all staff, to consider disabilities during classification to determine whether a prisoners requires special placement, to provide a cell with a telecommunications device for the deaf ("TDD") machine, to have arresting officers note any arrestee disabilities on their forms, to individually relay public announcements to deaf and hard of hearing prisoners, and to complete an assessment interview of prisoners with disabilities within 72 hours of intake to ensure equal access to correctional programs.

The Court (Judge Whyte) certified a settlement class action on March 8, 1999, approved plaintiffs' attorneys' fees in the amount of $196,454.86, with an additional $9,841 for disbursements, on April 28, and granted final approval of the settlement agreement on June 14.

The docket indicates that on September 1, 1999, one of the plaintiffs moved the court to set aside the judgment and decertify the class, but there are no further entries, and as of the date of this summary, we have no further information on this case.

Summary Authors

Christopher Schad (8/20/2012)

People


Judge(s)

Infante, Edward A. (California)

Whyte, Ronald M. (California)

Attorneys(s) for Plaintiff

Cheng, Michelle Lee (California)

Fowler, John W. (California)

Kilb, Linda D. (California)

Kresse, John Kendrick (California)

Mayerson, Arlene Brynne (California)

West, Katharine Laura (California)

Wilson, Amanda K. (California)

Attorneys(s) for Defendant

Ravel, Ann Miller (California)

Judge(s)

Infante, Edward A. (California)

Whyte, Ronald M. (California)

Attorneys(s) for Plaintiff

Cheng, Michelle Lee (California)

Fowler, John W. (California)

Kilb, Linda D. (California)

Kresse, John Kendrick (California)

Mayerson, Arlene Brynne (California)

West, Katharine Laura (California)

Wilson, Amanda K. (California)

Attorneys(s) for Defendant

Ravel, Ann Miller (California)

Other Attorney(s)

Lee, Bill Lann (District of Columbia)

Nicholson, Kate M. (District of Columbia)

Uitti, Mary Beth (California)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Yamaguchi, Michael J. (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Sept. 10, 1999 Docket

Memorandum of Amicus Curiae United States in Support of Plaintiffs' Motion for Preliminary Injunction

June 29, 1998 Pleading / Motion / Brief

Docket

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

ECF Number Description Date Link
1

COMPLAINT Summons(es) issued; Fee status pd entered on 4/7/98 in the amount of $ 150.00 ( Receipt No. 504723); jury demand [5:98−cv−20309] (cm, COURT STAFF) (Entered: 04/13/1998)

April 7, 1998
2

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Ronald M. Whyte : Proof of service to be filed by 5/22/98 ; counsels' case management statement to be filed by 7/28/98 ; initial case management conference will be held 10:30 8/7/98 . (cc: all counsel) (cm, COURT STAFF) (Entered: 04/13/1998)

April 7, 1998
4

RETURN OF SERVICE on the Office of County counsel. executed on 4/9/98 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/13/1998)

April 13, 1998
5

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert to certify class action with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/21/1998)

April 21, 1998
6

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert for preliminary injunction with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/21/1998)

April 21, 1998
7

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian to dismiss for failure to state a claim with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1998)

April 29, 1998
8

REQUEST FOR JUDICIAL NOTICE by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian motion to dismiss for failure to state a claim [7−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1998)

April 29, 1998
9

NOTICE of hearing by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian setting motion to dismiss for failure to state a claim [7−1] ; hearing set for 9:00 7/31/98 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 05/05/1998)

May 1, 1998
10

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert to certify class action for declaratory and injunctive relief with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
11

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert for preliminary injunction with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
12

DECLARATION by A. K. Wilson on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re: submission of unsigned declarations of A. Padilla &B. Lambert [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
13

DECLARATION by A. K. Wilson on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
14

DECLARATION by J. W. Fowler on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
15

DECLARATION by J. K. kresse on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
16

DECLARATION by L. D. Kilb on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
17

DECLARATION by J. Brown on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
18

DECLARATION by C. Brown on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
19

DECLARATION by N. Frishberg on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
20

DECLARATION by D. Herron−Rhodes on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
21

DECLARATION by E. Shipley−Conner on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
22

DECLARATION by G. Born−Healy on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
23

DECLARATION by D. L. Wolfe on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
24

DECLARATION by J. Garcia on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
25

DECLARATION by M. Strong Ph.D. on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
26

DECLARATION by J. D. Vandivere on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
28

DECLARATION by K. L. West on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
29

PROOF OF SERVICE by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert of declaration [28−1], declaration [27−1], declaration [26−1], declaration [25−1], declaration [24−1], declaration [23−1], declaration [22−1], declaration [21−1], declaration [20−1], declaration [19−1], declaration [18−1], declaration [17−1], declaration [16−1], declaration [15−1], declaration [14−1], declaration [13−1], declaration [12−1], motion for preliminary injunction [11−1], motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998
30

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by United States as Amicus Curiae for participate as amicus curiae with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 29, 1998
31

MEMORANDUM in support of motion for preliminary injunction [11−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

June 29, 1998
32

PROOF OF SERVICE by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert of motion for participate as amicus curiae [30−1], motion for preliminary injunction [11−1], motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/06/1998)

July 2, 1998
33

DECLARATION by A. Padilla on behalf of Plaintiff Anthony Padilla re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/07/1998)

July 6, 1998
34

DECLARATION by B. Lambert on behalf of Plaintiff Anthony Padilla re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/07/1998)

July 6, 1998
35

PROOF OF SERVICE by Plaintiff Anthony Padilla of declaration [34−1], declaration [33−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/07/1998)

July 6, 1998
36

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for preliminary injunction [11−1] 9:00 9/18/98, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 9:00 9/18/98,; Opposition filed by 8/28/98; reply filed by 9/4/98 setting hearing on motion to dismiss for failure to state a claim [7−1] 9:00 9/18/98,; opposition 8/28/98; reply filed by 9/4/98. setting hearing on motion for preliminary injunction [6−1] 9:00 9/18/98, setting hearing on motion to certify class action [5−1] 9:00 9/18/98 (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/14/1998)

July 13, 1998
37

STIPULATION and ORDER by Judge Ronald M. Whyte : Settlement conf. (Mag) at 2:30 8/18/98 ; Status conference set for 10:30 9/4/98 ; Case Management Statement is due 8/25/98 ; (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/12/1998)

Aug. 4, 1998
38

DECLARATION by M. Cheng on behalf of Plaintiff Anthony Padilla in support of order authorizing department of justice. [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/12/1998)

Aug. 11, 1998
40

ORDER by Mag. Judge Edward A. Infante for special appearance of plaintiff Anthony Padilla and Bruce Lambert to participate in settlement conference by telephone. ( Date Entered: 8/14/98) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/14/1998)

Aug. 13, 1998
41

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 8/18/98) Settlement conference held , sched. Settlement conf. (Mag) at 1:30 8/31/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/25/1998)

Aug. 24, 1998
42

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 8/31/98) Settlement conference held , Settlement conference will be held 2:30 9/28/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/08/1998)

Sept. 2, 1998
43

LETTER dated 9/4/98 from Amanda K. Wilson Re: to confirm dates [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/10/1998)

Sept. 9, 1998
44

MINUTES: ( C/R none) ( Hearing Date: 9/4/98) Status conference set for 10:30 11/20/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/15/1998)

Sept. 11, 1998
46

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/7/98) Settlement conference held , Settlement conf. (Mag) at 9:30 10/22/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 10/15/1998)

Oct. 7, 1998
45

LETTER dated 10/12/98 from Amanda K. Wilson re: Settlement conference [5:98−cv−20309] (cv, COURT STAFF) (Entered: 10/14/1998)

Oct. 13, 1998
48

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/20/98) Settlement conference held , Settlement conf. (Mag) at 9:30 10/22/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/04/1998)

Oct. 20, 1998
49

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/22/98) Settlement conference held [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/04/1998)

Oct. 22, 1998
47

ORDER by Mag. Judge Edward A. Infante Status conference set for 10:30 2/19/99 ; setting hearing on motion for preliminary injunction [11−1] 9:00 2/19/99, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 9:00 2/19/99, setting hearing on motion to dismiss for failure to state a claim [7−1] 9:00 2/19/99,; Any opposition filed by 1/29/99; Any Reply filed by 2/5/99 ( Date Entered: 11/3/98) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/03/1998)

Oct. 29, 1998
50

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/29/98) , Settlement conf. (Mag) at 9:00 11/19/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/04/1998)

Oct. 29, 1998
51

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert for approve fees with Notice set for 2/19/99 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 15, 1999
52

MEMORANDUM by Plaintiff Anthony Padilla in support of motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 15, 1999
53

DECLARATION by J. Kendrick on behalf of Plaintiff Anthony Padilla re motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 15, 1999
54

DECLARATION by L. D. Jilb on behalf of Plaintiff Anthony Padilla re motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 15, 1999
55

DECLARATION by J. w. Folwer on behalf of Plaintiff Anthony Padilla re motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 15, 1999
57

PROOF OF SERVICE by Plaintiff Anthony Padilla of declaration [56−1], declaration [55−1], declaration [54−1], declaration [53−1], memorandum [52−1], motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 15, 1999
58

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for approve fees [51−1] 2/19/99, re [30−1], setting hearing on motion for preliminary injunction [11−1] 2/19/99, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 2/19/99, re [7−1], setting hearing on motion for preliminary injunction [6−1] 2/19/99, setting hearing on motion to certify class action [5−1] 2/19/99; stipulate joint motion on 2/5/99. (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 22, 1999
59

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for approve fees [51−1] 9:00 3/5/99, setting hearing on motion for preliminary injunction [11−1] 9:00 3/5/99, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 9:00 3/5/99, setting hearing on motion for preliminary injunction [6−1] 9:00 3/5/99, setting hearing on motion to certify class action [5−1] 9:00 3/5/99 (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

Jan. 22, 1999
60

OPPOSITION by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian to motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

Feb. 12, 1999
61

DECLARATION by R. Singh on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

Feb. 12, 1999
62

DECLARATION by N. Mirabella on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

Feb. 12, 1999
63

DECLARATION by T. Boley on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

Feb. 12, 1999
64

DECLARATION by B. L. Carr on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

Feb. 12, 1999
65

JOINDER by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/22/1999)

Feb. 19, 1999
66

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for approve fees [51−1] 9:00 3/5/99 (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/04/1999)

March 3, 1999
67

MINUTES: ( C/R Lee−Anne Shortridge) ( Hearing Date: 3/5/99) Final approval hearing motions will be heard by 9:00 6/11/99 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/08/1999)

March 5, 1999
68

ORDER by Judge Ronald M. Whyte granting motion to certify class action for declaratory and injunctive relief [10−1] certifying of settlement class action , Settlement Hearing will be held 9:00 6/11/99 ; ( Date Entered: 3/9/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/09/1999)

March 8, 1999
70

DECLARATION by A. Wilson on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

March 19, 1999
71

DECLARATION by R. J. Rice on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

March 19, 1999
72

DECLARATION by P. M. Lucas on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

March 19, 1999
73

DECLARATION by N. J. Blears on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

March 19, 1999
74

DECLARATION by J. Kendrick on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

March 19, 1999
75

PROOF OF SERVICE by Plaintiff Anthony Padilla of declaration [74−1], declaration [73−1], declaration [72−1], declaration [71−1], declaration [70−1], reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

March 19, 1999
76

MINUTES: ( C/R Lee−anne Shortridge) ( Hearing Date: 4/16/99) that the motion for approve fees [51−1] is submitted [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1999)

April 16, 1999
77

ORDER by Judge Ronald M. Whyte granting motion for approve fees [51−1] in the amount of $196,454.86 In addition to Plaintiff's awarded $9,841 for disbursements. ( Date Entered: 4/30/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1999)

April 28, 1999
78

RESPONSE by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert of settlement class to notice of proposed settlement of action [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/01/1999)

May 28, 1999
79

PROOF OF SERVICE by Plaintiff Anthony Padilla of response [78−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/01/1999)

May 28, 1999
80

MINUTES: ( C/R none) ( Hearing Date: 6/11/99) Final approval hearing for settlement [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/22/1999)

June 11, 1999
81

ORDER by Judge Ronald M. Whyte Granting final approval of settlement agreement dismissing case ( Date Entered: 6/30/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/30/1999)

June 14, 1999
82

ORDER by Judge Ronald M. Whyte Granting final approval of proposed settlement. ( Date Entered: 6/30/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/30/1999)

June 14, 1999
83

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Anthony Padilla for leave to proceed in forma pauperis [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/02/1999)

Sept. 1, 1999
84

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla to set aside judgment and order to decertify class [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/02/1999)

Sept. 1, 1999
85

PROOF OF SERVICE by Plaintiff Anthony Padilla of response [78−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/14/1999)

Sept. 10, 1999

State / Territory: California

Case Type(s):

Jail Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: April 7, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

several past and present prisoners at and visitors to Santa Clara County jail facilities who are deaf and rely on sign language for effective communication, filing on behalf of themselves and similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Santa Clara (Santa Clara), County

Defendant Type(s):

Corrections

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

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Type of Facility:

Government-run