Case: Association of Oregon Centers for Independent Living v. Oregon Department of Transportation

3:16-cv-00322 | U.S. District Court for the District of Oregon

Filed Date: Feb. 22, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On Feburary 22, 2016, eight Oregonians with disabilities and the Association for Oregon Centers of Independent Living (AOCIL) filed this lawsuit in the U.S. District Court for the District of Oregon under the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. § 701). The plaintiffs requested injunctive relief, asking the Oregon Department of Transportation (ODOT) take action to fix curb ramps around the state. The plaintiffs alleged that p…

On Feburary 22, 2016, eight Oregonians with disabilities and the Association for Oregon Centers of Independent Living (AOCIL) filed this lawsuit in the U.S. District Court for the District of Oregon under the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. § 701). The plaintiffs requested injunctive relief, asking the Oregon Department of Transportation (ODOT) take action to fix curb ramps around the state.

The plaintiffs alleged that persons using wheelchairs were forced to navigate their chairs in traffic on busy highways because of lack of adequate curb ramps, and that blind people could only guess where and when it was safe to cross the street, in direct violation of Title II of the Americans with Disabilities Act. This act requires state and local governments to ensure persons with disabilities have access to the pedestrian routes in the public right-of-way.

The plaintiffs additionally alleged that ODOT has done little to make the roads safe and accessible to people with disabilities despite its legal obligations. Oregonians with disabilities were barred from the most important streets of their cities and towns by badly-constructed or missing ramps. For instance, in Portland, broken and missing curb ramps on Lombard Street in North Portland prevented people in wheelchairs from safely using public transit and going to stores.

On April 28, 2016, plaintiffs filed an amended complaint. On May 25, 2016, defendants filed motion to dismiss. On June 22, 2016, a settlement conference was held between the parties. Then, on November 7, 2016, plaintiffs filed a second amended complaint.

On December 5, 2016, plaintiffs and defendants entered into a stipulation of settlement, and submitted joint motion seeking approval of the agreement as a class action settlement. After initially granting preliminary approval and allowing the parties to go forward with notice procedures, the court granted final approval of the settlement as fair, reasonable, and adequate on March 27, 2017.

The settlement included the following provisions. ODOT agreed to complete an updated inventory of curb ramps and pedestrian crossing signals by December 31, 2017. From there, ODOT agreed to remediate both curb ramps and pedestrian crossing signals according to more specific terms in the agreement. ODOT also agreed to commit $5 million to improve curb ramps and pedestrian crossing signals once ODOT and the plaintiffs identified locations and/or priorities. ODOT budgeted $18 million for the 2018 to 2021 Oregon Statewide Transportation Improvement Program (STIP) to implement the terms of the settlement agreement.

The settlement also provided for an Accessibility Consultant to work with the defendants as they carried out their obligations under the agreement, and to monitor and report on the conditions over time. Both the defendants and the accessibility consultant would file annual reports under the agreement. Additionally, the agreement required ODOT to set up a process for receiving public complaints and requests regarding accessibility and transportation infrastructure.

The agreement was set to terminate once ODOT completed their obligations under section 4 (governing remediation of curb ramps) and section 5 (governing remediation of pedestrian crossing signals). The parties agreed to announce the settlement in a joint press release describing their partnership in improving accessibility throughout the Oregon highway system. The defendants did not admit fault in the settlement, and the entire agreement was subject to state law regulating funding, although ODOT agreed to make diligent efforts to obtain necessary appropriations.

The agreement also included a schedule for curb ramp remediation compliance, and required ODOT to reach the following targets by certain dates: remediation of 30% of non-compliant curb ramp locations by the end of 2022; remediation of 75% of non-compliant curb ramp locations by the end of 2027; and remediation of all non-compliant curb ramp locations by the end of 2032.

In the event disputes arose, the settlement provided for a resolution process that looked first to cooperation between the parties and the accessibility consultant. If the dispute persisted, the parties would submit the dispute to a special master first, with a process for the parties to appeal that decision to Judge Simon in the District Court, and then if necessary, to the Ninth Circuit Court of Appeals.

On March 29, 2017, two days after approving the agreement, the court issued a judgment stating that it would retain jurisdiction for the life of the agreement, and the plaintiffs would be awarded attorneys' fees in an amount to be determined in a supplemental judgment.

On June 5, 2017, the court appointed the Hon. Janice Simon (Ret.) as the special master. As of May 16, 2020, there have been no additional filings in the District Court related to enforcement of the terms of the settlement agreement. The case is ongoing.

Summary Authors

Ginny Lee (2/11/2017)

Chris Pollack (3/19/2019)

Hope Brinn (5/16/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18219482/parties/association-of-oregon-centers-for-independent-living-v-oregon-department/


Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Brischetto, Stephen L. (Oregon)

Stenson, Thomas (Oregon)

Strauhull, Jonathan P. (Oregon)

Wenk, Theodore E. (Oregon)

Wilde, Kathleen L. (Oregon)

Attorneys(s) for Defendant

Englander, Nina R. (Oregon)

Kaplan, Scott J. (Oregon)

Merritt, Matthew J. (Oregon)

Scott, Carla (Oregon)

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorneys(s) for Plaintiff

Brischetto, Stephen L. (Oregon)

Stenson, Thomas (Oregon)

Strauhull, Jonathan P. (Oregon)

Wenk, Theodore E. (Oregon)

Wilde, Kathleen L. (Oregon)

Attorneys(s) for Defendant

Englander, Nina R. (Oregon)

Kaplan, Scott J. (Oregon)

Merritt, Matthew J. (Oregon)

Scott, Carla (Oregon)

Stineman, Renee R. (Oregon)

Documents in the Clearinghouse

Document

3:16-cv-00322

Docket [PACER]

June 29, 2017

June 29, 2017

Docket
2

3:16-cv-00322

Civil Rights Complaint for Declaratory and Injunctive Relief

Feb. 22, 2016

Feb. 22, 2016

Complaint
42

3:16-cv-00322

Settlement Agreement

Oct. 26, 2016

Oct. 26, 2016

Settlement Agreement
40

3:16-cv-00322

Plaintiff's Second Amended Civil Rights Complaint for Declaratory and Injunctive Relief

Nov. 7, 2016

Nov. 7, 2016

Complaint
47

3:16-cv-00322

Corrected Settlement Agreement

Dec. 5, 2016

Dec. 5, 2016

Settlement Agreement
53

3:16-cv-00322

Order Granting Joint Motion For Final Approval of Proposed Class Action Settlement Agreement

March 27, 2017

March 27, 2017

Order/Opinion
56

3:16-cv-00322

Order Appointing Special Master

June 5, 2017

June 5, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18219482/association-of-oregon-centers-for-independent-living-v-oregon-department/

Last updated Aug. 2, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
58

Notice

May 3, 2022

May 3, 2022

PACER
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979−4494163 Jury Trial Requested: No. Filed by Association of Oregon Centers for Independent Living against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons). (Wilde, Kathleen) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

58

Notice

May 3, 2022

May 3, 2022

PACER
58

Notice

May 3, 2022

May 3, 2022

PACER
59

Attorney Substitution

May 3, 2022

May 3, 2022

PACER
2

Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5 . Discovery is to be completed by 6/21/2016. Joint Alternate Dispute Resolution Report is due by 7/21/2016. Pretrial Order is due by 7/21/2016. Ordered by Judge Marco A. Hernandez. (dsg) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

59

Attorney Substitution

May 3, 2022

May 3, 2022

PACER
59

Attorney Substitution

May 3, 2022

May 3, 2022

PACER
3

Summons Issued Electronically as to Oregon Department of Transportation. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5. (dsg) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

4

Summons Issued Electronically as to Matthew Garrett. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5. (dsg) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

5

Waiver of Service of Summons Returned Executed by All Defendants. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

6

Joint Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Association of Oregon Centers for Independent Living, Martha Mae Bryson, Dave Maule, Kimberly Morrisey, Jordan Ohlde, William Phillips, Laura Potts, Laurie Sitton, Carrie Taylor. (Wilde, Kathleen) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

7

Unopposed Motion for Extension of Time to File Responsive Pleading. Filed by All Defendants. (Merritt, Matthew) Modified on 4/6/2016 to correct event type and title. (mr) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

8

Declaration of Matthew Merritt in Support of State's Unopposed Motion for Extension of Time . Filed by All Defendants. (Related document(s): Motion for Extension of Time 7 .) (Merritt, Matthew) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

10

Amended Complaint . Filed by William Phillips, Kimberly Morrisey, Laurie Sitton, Laura Potts, Martha Mae Bryson, Carrie Taylor, Association of Oregon Centers for Independent Living, Dave Maule, Jordan Ohlde against All Defendants. (Wilde, Kathleen) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

11

Joint Status Report Rule 26 Conference . Filed by All Plaintiffs. (Brischetto, Stephen) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

12

Notice of Association of Attorney Matthew J. Merritt,Nina R. Englander for Matthew Garrett,Nina R. Englander for Oregon Department of Transportation. Filed by All Defendants (Merritt, Matthew) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

13

Notice of Association of Attorney Matthew J. Merritt,Scott J. Kaplan for Matthew Garrett,Scott J. Kaplan for Oregon Department of Transportation. Filed by All Defendants (Merritt, Matthew) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

14

Notice of Association of Attorney Matthew J. Merritt,Carla Scott for Matthew Garrett,Carla Scott for Oregon Department of Transportation. Filed by All Defendants (Merritt, Matthew) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

15

Notice of Association of Attorney Matthew J. Merritt,Renee R. Stineman for Matthew Garrett,Renee R. Stineman for Oregon Department of Transportation. Filed by All Defendants (Merritt, Matthew) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

16

Request for Judicial Notice in Support of FRCP 12 Motions . Filed by All Defendants. (Scott, Carla) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

17

Motion to Dismiss , Motion to Strike, or in the Alternative, for a More Definite Statement . Filed by All Defendants. (Scott, Carla) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

18

Notice re Amended Complaint, 10 Filed by All Plaintiffs (Related document(s): Amended Complaint, 10 .) (Stenson, Thomas) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

19

Order − At the parties' request, the Court is setting a 2−day Settlement Conference for June 22, and June 24, 2016 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

20

Instructions Regarding Settlement Conference set for Wednesday, June 22, 2016, and Friday, June 24, 2016. Judge Michael H. Simon. (mja) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

21

Response in Opposition to Motion to Dismiss , Motion to Strike, or in the Alternative, for a More Definite Statement 17 Oral Argument requested. Filed by All Plaintiffs. (Stenson, Thomas) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

22

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss , Motion to Strike, or in the Alternative, for a More Definite Statement 17 . Expedited Hearing requested. Filed by All Defendants. (Scott, Carla) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

23

Declaration of Carla Scott in Support of Expedited Opposed Motion for Extension of Time for Reply in Support of Rule 12 Motions . Filed by Matthew Garrett, Oregon Department of Transportation. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 22 .) (Scott, Carla) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

24

ORDER: Granting State Defendants' Motion for Extension of Time to File Reply to Motion to Dismiss 17 . Reply is due by 7/11/2016. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

25

MINUTES OF FIRST DAY OF SETTLEMENT CONFERENCE: A settlement conference was held before Settlement Judge Michael H. Simon. The parties will continue settlement discussions on 6/24/2016. Stephen L. Brischetto, Thomas Stenson, Ted Wink, Jonathan P. Strauhull, and Kathleen L. Wilde present as counsel for plaintiff(s). Carla Scott, Nina R. Englander, and Scott J. Kaplan present as counsel for defendant(s). Judge Michael H. Simon presiding. (mja) (Entered: 06/24/2016)

June 22, 2016

June 22, 2016

27

MINUTES of Settlement Conference − A Settlement Conference was held today from 9:00AM to 11:00AM. The Court sets a further Settlement Conference for 7/28/2016 at 01:00PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Stephen L. Brischetto, Thomas Stenson, Ted Wink, Jonathan P. Strauhull, and Kathleen L. Wilde present as counsel for plaintiff(s). Carla Scott, Nina R. Englander, and Scott J. Kaplan present as counsel for defendant(s). Judge Michael H. Simon presiding. (mja) (mja) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

28

MINUTE ORDER − The parties have agreed that the Settlement Judge shall request from Judge Hernandez that the pending deadline for Defendant to file its reply in support of its motion to dismiss (ECF 17 ) be extended from July 29, 2016, to August 12, 2016. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

29

ORDER: Reply to Motion to Dismiss 17 is due 8/12/2016; Motion is taken under advisement as of 8/15/2016. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

30

MINUTES of PROCEEDINGS: A Settlement Conference was held today from 1:00PM to 3:00PM. Progress is being made. The Court sets a further Settlement Conference for 8/23/2016 at 12:00PM in Portland, Courtroom 13B, before Judge Michael H. Simon. In addition, the parties agreed that the Settlement Judge shall request from Judge Hernandez that the pending deadline for Defendant to file its reply in support of its motion to dismiss (ECF 17 ) be extended from July 29, 2016, to August 24, 2016. Stephen L. Brischetto, Thomas Stenson, Ted Wink, Jonathan P. Strauhull, and Kathleen L. Wilde present as counsel for plaintiffs. Carla Scott, Nina R. Englander, and Scott J. Kaplan present as counsel for defendant. Judge Michael H. Simon presiding. (mja) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

31

Scheduling Order by Judge Michael H. Simon. Order − At the parties' request, the Court is resetting the TIME set for the Settlement Conference from 8/23/2016 at 12:00PM to 8/23/2016 at 09:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

32

MINUTES of Proceedings: A Settlement Conference was held on Tuesday, August 23, 2016, from 9:00 AM to 11:00 AM. Good progress continues to be made. The Court sets a further Settlement Conference for Tuesday, September 20, 2016 at 1:00 PM in Portland, Courtroom 13B, before Judge Michael H. Simon. In addition, the Settlement Judge requests that Judge Hernandez reset the deadline for Defendant to file its reply in support of its motion to dismiss (ECF 17 ) from August 24, 2016 to September 26, 2016. Kathleen L. Wilde, Stephen L. Brischetto, Thomas Stenson, and Jonathan P. Strauhull present as counsel for Plaintiffs. Carla Scott and Scott J. Kaplan present as counsel for Defendant. Judge Michael H. Simon, presiding. (pvh) (Entered: 08/24/2016)

Aug. 23, 2016

Aug. 23, 2016

33

Scheduling Order: Regarding Motion to Dismiss 17 , the Court adjusts the deadlines as follows: Reply is due by 9/26/2016. Motion is taken under advisement as of 9/29/2016. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

34

MINUTES of Proceedings: A Settlement Conference was held on Tuesday, September 20, 2016, from 1:00 PM to 3:00 PM. Good progress continues to be made. The Court sets a further, and anticipated final, Settlement Conference for Monday, October 24, 2016 at 12:01 PM in Portland, Courtroom 13B, before Judge Michael H. Simon. In addition, the Settlement Judge requests that Judge Hernandez reset the deadline for Defendant to file its reply in support of its motion to dismiss (ECF 17 ) from September 26, 2016 to October, 26, 2016. Kathleen L. Wilde, Stephen L. Brischetto, Thomas Stenson, and Jonathan P. Strauhull present as counsel for Plaintiffs. Carla Scott and Scott J. Kaplan present as counsel for Defendant. Judge Michael H. Simon, presiding. Kathleen L. Wilde, Stephen L. Brischetto, Thomas Stenson, and Jonathan P. Strauhull present as counsel for plaintiff(s). Carla Scott and Scott J. Kaplan present as counsel for defendant(s). Judge Michael H. Simon presiding. (mja) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

35

Scheduling Order: Regarding Motion to Dismiss 17 . The Court adjusts the deadlines as follows: Reply is due by 10/26/2016 Ordered by Judge Marco A. Hernandez. (kms) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

36

Motion to Withdraw . Filed by Martha Mae Bryson, Dave Maule, Kimberly Morrisey, Jordan Ohlde, William Phillips, Laura Potts, Laurie Sitton, Carrie Taylor. (Strauhull, Jonathan) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

37

Notice of Attorney Withdrawal: Matthew J. Merritt Filed by All Defendants (Scott, Carla) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

38

Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: # 1 Exhibit Second Amended Complaint) (Wilde, Kathleen) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

39

ORDER by Judge Marco A. Hernandez: Granting Attorney Jonathan Strahull's Motion to Withdraw as counsel for all individual Plaintiffs 36 . Granting Motion for Leave to File Amended Complaint 38 . Amended Complaint is due 11/10/2016. (jp) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

40

Second Amended Complaint Class Action . Filed by William Phillips, Kimberly Morrisey, Laurie Sitton, Laura Potts, Martha Mae Bryson, Carrie Taylor, Association of Oregon Centers for Independent Living, Dave Maule, Jordan Ohlde against All Defendants. (Wilde, Kathleen) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

41

Scheduling Order: Upon agreement of counsel, Rule 16 Conference is SET for 11/15/2016 at 11:00AM by telephone before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference at or shortly after the appointed time. Counsel are required to confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents to Magistrate Judge are going to be filed, it is helpful if they are filed prior to the time of the conference. If the parties plan on presenting a proposed schedule, it is helpful if they email that to the courtroom deputy by noon the day before the hearing. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

42

Unopposed Motion to Certify the Class . Filed by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Settlement Agreement, # 2 Attachment Declaration of Wilde, # 3 Attachment Declaration of Brischetto) (Wilde, Kathleen) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

43

MINUTES of Proceedings: Court heard Unopposed Motion to Certify Class 42 filed 11/14/2016. Court to rule no later than 11/22/2016. If approved, Joint Motion for Preliminary Approval of Settlement Agreement due no later than 12/5/2016. Order by Court to issue no later than 12/12/2016. Parties to distribute and post class notice no later than 12/22/2016. Class objections and comments due by 2/22/2017. Joint Motion for Final Approval due 3/8/2017. Fairness Hearing is SET for 3/27/2017 at 9:00 am in Courtroom 14B before Judge Marco A. Hernandez. Stephen L. Brischetto, Kathleen L. Wilde, Thomas Stenson present as counsel for plaintiff(s). Carla Scott, Scott J. Kaplan present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Marco A. Hernandez presiding. (jp) (Entered: 11/16/2016)

Nov. 15, 2016

Nov. 15, 2016

44

ORDER: Granting Unopposed Motion for Settlement Class Certification 42 . Signed on 11/17/2016 by Judge Marco A. Hernandez. (jp) Modified on 11/18/2016 to correct the filing date from 11/18/2016 to 11/17/2016(jp). (Entered: 11/18/2016)

Nov. 17, 2016

Nov. 17, 2016

45

ORDER by Judge Marco A. Hernandez: Finding as Moot Defendants' Request for Judicial Notice in Support of FRCP 12 Motions 16 and Motion to Dismiss, Motion to Strike, or in the Alternative, for a More Definite Statement 17 . (jp) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

47

Corrected Exhibits Proposed Settlement Agreement re Joint Motion for Order Preliminarily Approving Proposed Class Action Settlement 46 . Filed by Association of Oregon Centers for Independent Living, Martha Mae Bryson, Dave Maule, Kimberly Morrisey, Jordan Ohlde, William Phillips, Laura Potts, Laurie Sitton, Carrie Taylor. (Wilde, Kathleen) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

48

ORDER: The parties Joint Motion for Order Preliminarily Approving Proposed Class Action Settlement 46 is GRANTED. See attached 4−page Order for full text. Signed on 12/12/2016 by Judge Marco A. Hernandez. (jp) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

49

Amended Proposed Form of Order Submitted regarding method of class notice . Filed by All Plaintiffs. (Attachments: # 1 Attachment Submission of Proposed Amended Order) (Wilde, Kathleen) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

50

AMENDED ORDER GRANTING PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT − Signed on 1/9/2017 by Judge Marco A. Hernandez. (pg) (Entered: 01/10/2017)

Jan. 9, 2017

Jan. 9, 2017

51

Joint Motion for Final Approval of Proposed Class Action Settlement Agreement . Oral Argument requested. Filed by Association of Oregon Centers for Independent Living. (Attachments: # 1 Exhibit Proposed Settlemenet, # 2 Exhibit Declaration of Thomas Stenson, # 3 Exhibit Collection of Major Systemic Settlements) (Wilde, Kathleen) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

52

MINUTES of Proceedings: Hearing held on the parties' Joint Motion for Final Approval of Proposed Class Action Settlement Agreement 51 . The motion is GRANTED. Order to issue. Stephen L. Brischetto, Theodore E. Wenk, Thomas Stenson, Kathleen L. Wilde present as counsel for plaintiff(s). Carla Scott, Scott J. Kaplan present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (Related document(s): Motion − Miscellaneous, 51 .) (jp) Modified on 3/28/2017 to correct typographical error (jp). (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

53

ORDER granting Joint Motion for Final Approval of Proposed Class Action Settlement Agreement 51 . Signed on 3/27/2017 by Judge Marco A. Hernandez. (jp) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

54

Judgment. Signed on 3/29/2017 by Judge Marco A. Hernandez. (jp) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

55

Joint Motion to Appoint Special Master . Filed by All Plaintiffs. (Attachments: # 1 Attachment Declaration of Judge Wilson) (Wilde, Kathleen) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

56

Order Appointing Special Master. Signed on 6/2/2017 by Judge Michael H. Simon. (mja) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

57

Notice of Attorney Withdrawal: Filed by All Plaintiffs (Wilde, Kathleen) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

Case Details

State / Territory: Oregon

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Association of Oregon Centers for Independent Living and individuals with disabilities on behalf of a class of "people with physical disabilities, particularly those with mobility or visual impairments, whose have been adversely affected by Defendants’ unlawful pattern, policy and/or practice of paving, resurfacing or otherwise altering roadways throughout the state without installing curb ramps or bringing nonconforming curb ramps and pedestrian signals into compliance" with the law.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oregon Department of Transportation, State

Defendant Type(s):

Transportation

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

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2032

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Reasonable Accommodation

Reporting

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Disparate Impact

Government Services

Reasonable Accommodations

Sidewalks

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment

Visual impairment

Type of Facility:

Government-run