Case: Barden v. City of Sacramento

2:99-cv-00497 | U.S. District Court for the Eastern District of California

Filed Date: March 15, 1999

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 15, 1999, individuals with mobility and/or vision disabilities filed this class-action lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the City of Sacramento and the city’s Director of the Department of Public Works under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. The plaintiffs, represented by Disability Rights Advocates, likely sought monetary and injunctive relief (assumed from outcome of case). The plaintif…

On March 15, 1999, individuals with mobility and/or vision disabilities filed this class-action lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the City of Sacramento and the city’s Director of the Department of Public Works under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. The plaintiffs, represented by Disability Rights Advocates, likely sought monetary and injunctive relief (assumed from outcome of case). The plaintiffs alleged that sidewalks in Sacramento were inaccessible or dangerous to those with mobility and/or vision disabilities. The plaintiffs asserted that newly constructed or altered sidewalks and curb ramps must be accessible to those with mobility and/or vision disabilities and that Sacramento is obligated to provide access to existing sidewalks and curb ramps.

The plaintiffs sought class certification of those with mobility and/or vision disabilities who regularly use the pedestrian rights of way in Sacramento. District Judge Milton L. Schwartz certified the class on July 11, 2000.

On March 7, 2001, Judge Schwartz granted partial summary judgement in favor of the defendants. The parties had already stipulated to the entry of an injunction regarding curb ramps but could not reach an agreement as to the City’s obligation to remove barriers to accessibility on sidewalks. The Judge Schwartz ruled that sidewalks were not service, program, or activity within the meaning of the ADA. The plaintiffs appealed.

On June 21, 2002, the U.S. Court of Appeals for the Ninth District held that the District Court had erred and that sidewalks were in fact subject to program accessibility regulations under the ADA. The case was remanded. 292 F.3d 1073. This was appealed by the the City, but the Supreme Court denied certiorari on June 27, 2003. 539 U.S. 958.

On January 22, 2004, District Judge Morrison C. England, Jr. approved a settlement agreement between the parties. The settlement involved monetary and injunctive relief. The City agreed to dedicate 20% of its Transportation Fund annually to the installation of accessible curb ramps and removal barriers on sidewalks. The court retained jurisdiction to enforce the settlement for the entirety of the agreement’s 30-year compliance period. The City was also required to retain an outside monitor for three years. During that period, the City was to set aside up to $30,000 each year for monitoring costs, with up to 10% of that amount dedicated to class counsel for review of monitoring materials. The eight named plaintiffs were each awarded $10,000 and class counsel was awarded $745,000.

On March 8, 2013, the class moved for the payment of monitoring costs after the three-year outside monitor period. On June 3, 2013, Magistrate Judge Dale A. Drozd denied the motion. Judge Drozd found that the agreement did not require the City to pay for class counsel’s de minimis monitoring tasks after the initial three-year period. 2013 WL 2421741.

In his June 3, 2013 order, Judge Drozd noted that the City was in full compliance with the agreement, except for failure on occasion to timely send reports to class counsel. The City of Sacramento is still subject to the settlement.

Summary Authors

Ashton Dubey (11/13/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5788401/parties/barden-v-city-of-sacramento/


Judge(s)

Drozd, Dale Alan (California)

England, Morrison C. Jr. (California)

Moulds, John F. (California)

Schwartz, Milton Lewis (California)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Daly, Kresta Nora (California)

Kasnitz, Melissa Wendy (California)

Paradis, Laurence W. (California)

Seaborn, Stuart (California)

Attorneys(s) for Defendant

Faber, Shana Susan (California)

Judge(s)

Drozd, Dale Alan (California)

England, Morrison C. Jr. (California)

Moulds, John F. (California)

Schwartz, Milton Lewis (California)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Daly, Kresta Nora (California)

Kasnitz, Melissa Wendy (California)

Paradis, Laurence W. (California)

Seaborn, Stuart (California)

Attorneys(s) for Defendant

Faber, Shana Susan (California)

Hicks, Gerald Charles (California)

Womack, David S. (California)

Other Attorney(s)

Stewart, Thomas Nelson III (California)

Documents in the Clearinghouse

Document

Docket [PACER]

June 3, 2013 Docket
15

Stipulation and Order

June 28, 2000 Order/Opinion
64

Order

Nov. 20, 2000 Order/Opinion
125

Stipulation and Injunctive Relief Order Concerning a Transition Plan for Curb Ramps and Program Access Regarding Curb Ramps

Feb. 20, 2001 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

292 F.3d 1073

June 12, 2002 Order/Opinion
193

Order

2013 WL 2421741

June 3, 2013 Order/Opinion

Class Action Settlement Agreement

None Settlement Agreement

Resources

Title Description External URL

Barden v. Sacramento

Disability Rights Advocates

This case set a nationwide precedent requiring cities and other public entities to make all public sidewalks accessible to people with mobility and vision disabilities. The court ruled that public en… https://dralegal.org/...

Barden Lawsuit Settlement

City of Sacramento

https://www.cityofsacramento.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5788401/barden-v-city-of-sacramento/

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

ECF Number Description Date Link
1

COMPLAINT for Violation of Civil Rights; jury demand, fee status paid, receipt # 191366, assigned to Senior Judge Milton L. Schwartz referred to Magistrate Judge John F. Moulds (old) (Entered: 03/16/1999)

March 15, 1999 PACER
2

ORDER setting scheduling conference for 9:00 5/7/99 before Senior Judge Milton L. Schwartz (cc: all counsel) (old) (Entered: 03/16/1999)

March 15, 1999 PACER
3

WAIVER OF SERVICE by defendant City of Sacramento on 3/19/99 (kdc) (Entered: 03/30/1999)

March 29, 1999 PACER
4

AMENDED COMPLAINT [1-1] by plaintiff adding Mike Kashiwagi; jury demand (kdc) (Entered: 04/07/1999)

April 6, 1999 PACER
5

WAIVER OF SERVICE by defendant City of Sacramento on 4/19/99 (kdc) (Entered: 04/27/1999)

April 26, 1999 PACER
6

STATUS CONFERENCE STATEMENT by plaintiffs (kdc) (Entered: 04/30/1999)

April 29, 1999 PACER
7

STATUS REPORT by defendants (kdc) (Entered: 04/30/1999)

April 29, 1999 PACER
8

MINUTES before Senior Judge Milton L. Schwartz: status conference held on 5/7/99; final pretrial conference set for 2:00 10/13/00; jury trial set for 9:30 1/8/01 (kdc) (Entered: 05/10/1999)

May 7, 1999 PACER
9

SCHEDULING CONFERENCE ORDER by Senior Judge Milton L. Schwartz ORDERING final pretrial conference set for 2:00 10/13/00; jury trial set for 9:30 1/8/00 (cc: all counsel) (kdc) (Entered: 05/11/1999)

May 11, 1999 PACER

RESERVICE of DOCUMENT(S) [9-1], [9-2] addressed to plaintiff Joan Barden, plaintiff Susan Barnhill, plaintiff Hollynn DeLil, plaintiff Jeffrey Evans, plaintiff Tony Martinez, plaintiff Brenda Pickern, plaintiff Suzanne Fitts Valters, plaintiff Mitch Watkins, plaintiff Carol Wolfington, defendant City of Sacramento, defendant Mike Kashiwagi (cc: all counsel) (kdc)

May 20, 1999 PACER

RESERVICE of DOCUMENT(S) [9-1], [9-2] addressed to plaintiff, defendant (cc: all counsel) (kdc)

June 4, 1999 PACER
10

ANSWER by defendant; jury demand (old) (Entered: 06/07/1999)

June 4, 1999 PACER

NOTICE of designation of reporter's transcripts on appeal by plaintiff regarding [126-1] (hk) Modified on 05/07/2001

May 4, 2000 PACER
11

JOINT APPLICATION for 60 day extension of time to disclose expert witnesses (ar) (Entered: 05/22/2000)

May 19, 2000 PACER

LODGED Proposed Order extending time to disclose expert witnesses (ar)

May 19, 2000 PACER
12

ORDER by Senior Judge Milton L. Schwartz ORDERING that plt's designation of expert witnesses extended to 7/17/00, dfts' designation of expert witnesses extended to 8/1/00 (cc: all counsel) (ndd) (Entered: 05/23/2000)

May 23, 2000 PACER
13

LETTER to court from counsel for plaintiffs enclosed two stipulations for continuance of pretrial and trial dates (ndd) (Entered: 07/03/2000)

June 30, 2000 PACER
14

STIPULATION AND ORDER by Senior Judge Milton L. Schwartz e pltfs designation of expert witnesses set for 11/20/00; dfts 12/4/00; discovery ddl set for 1/9/01; motion filing ddl set for 1/17/01; final pretrial conf set for 2/16/01 2:00; jury trial set for 9:30 5/14/01 (cc: all counsel) (ljr) (Entered: 07/11/2000)

July 11, 2000 PACER
15

STIPULATION AND ORDER by Senior Judge Milton L. Schwartz that this action shall proceed a class action under FRCP Rule 23(b)(2); pltfs Joan Barden, Susan Barnhill, Hollynn Delil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Jeff Thom, Suzanne Fitts Valters, Mitch Watkins, and Carol Wolfington be certified as class representatives and that pltfs' counsel, Disability Rights Advocates be certified as counsel for the class (cc: all counsel) (ljr) (Entered: 07/11/2000)

July 11, 2000 PACER
16

SUBSTITUTION OF ATTORNEY Gerald Charles Hicks replacing attorney Shana Susan Faber for City of Sacramento, attorney Shana Susan Faber for Mike Kashiwagi (ljr) (Entered: 07/17/2000)

July 14, 2000 PACER
17

LETTER to court from counsel for plfts and dfts re mediation (hk) (Entered: 07/21/2000)

July 20, 2000 PACER
18

LETTER to court from counsel Gerald C Hicks confirming settlement conference date of 9/11/00 at 3:00 and noting possible need for additional time (old) (Entered: 08/08/2000)

Aug. 7, 2000 PACER
19

MOTION for partial summary judgment by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Suzanne Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom ; memorandum of points and authorities in support thereof; motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 10/27/00 at 9:00 (ljr) Modified on 08/09/2000 (Entered: 08/09/2000)

Aug. 9, 2000 PACER
20

NOTICE by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Suzanne Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom of motion for summary judgment [19-1] (ljr) (Entered: 08/09/2000)

Aug. 9, 2000 PACER

LODGED proposed order granting partial summary judgment by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Suzanne Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom (ljr)

Aug. 9, 2000 PACER
21

STATEMENT by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Suzanne Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom of of undisputed facts in support of partial summary judgment [19-1] (ljr) (Entered: 08/09/2000)

Aug. 9, 2000 PACER
22

DECLARATION by pltfs of Paul Church in support of motion for partial summary judgment [19-1] (ljr) (Entered: 08/09/2000)

Aug. 9, 2000 PACER
23

DECLARATION by pltfs of Melissa W Kasnitz in support of motion for partial summary judgment [19-1] (ljr) (Entered: 08/09/2000)

Aug. 9, 2000 PACER
24

PROOF OF SERVICE by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom of [19-1], [20-1], [0-0], [21-1], [22-1], [23-1] (ljr) (Entered: 08/09/2000)

Aug. 9, 2000 PACER
25

MOTION for partial summary judgment by defendants City of Sacramento and Mike Kashiwagi motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 10/27/00 at 9:00 (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
26

MEMORANDUM OF POINTS AND AUTHORITIES by defendant City of Sacramento in support of defendants' motion for partial summary judgment [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
27

STATEMENT by defendant City of Sacramento of undisputed facts and supporting evidence in support of defendants' motion for partial summary judgment [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
28

DECLARATION of Gerald C Hicks in support of defendants' partial motion for summary judgment [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
29

DECLARATION of Shana S Faber in support of defendants' motion for partial summary judgment [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
30

DECLARATION of Nancy Allen in support of defendants' motion for partial summary judgment [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
31

DECLARATION of Chris Lawley in support of defendants' motion for partial summary judgment [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
32

PROOF OF SERVICE by defendants City of Sacramento and Mike Kashiwagi in support of defendants' motion for partial summary judgment and supporting documents [25-1] (old) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
33

NOTICE by defendants City of Sacramento and Mike Kashiwagi regarding submission of Confidential Settlement Conference Statement (old) (Entered: 09/07/2000)

Sept. 6, 2000 PACER
34

NOTICE by plaintiff of submission of confidential settlement conference statement (mll) (Entered: 09/11/2000)

Sept. 8, 2000 PACER
36

NOTICE by plfts Hollylynn DeLil, Carol Wolfington and Larry McIver of related case(s) 00cv2078 (old) (Entered: 09/29/2000)

Sept. 22, 2000 PACER
35

MINUTES of Settlement Conference before Magistrate Judge John F. Moulds: case has not settled (ds) (Entered: 09/26/2000)

Sept. 25, 2000 PACER
37

MEMORANDUM by City of Sacramento, Mike Kashiwagi in opposition to motion for partial summary judgment [25-1] (old) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
38

REPLY (OPPOSITION) by City of Sacramento, Mike Kashiwagi to pltfs' stmt of undisputed facts [21-1] (old) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
39

SEPARATE STATEMENT by City of Sacramento, Mike Kashiwagi of undisputed facts and supporting evidence in support to pltf's motion for partial summary judgment [37-1] (old) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
40

DECLARATION of Gerald C Hicks in opposition to plft's motion for partial summary judgment [19-1] (old) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
41

DECLARATION of Mike Kashiwagi in support of of dfts' opposition to pltf's motion for partial summary judgment [37-1] (old) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
42

PROOF OF SERVICE by defendant City of Sacramento, defendant Mike Kashiwagi of Memorandum of Points and Authorities in Opposition to Motion for Partial Summary Judgment and supporting papers [37-1] (old) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
43

ORDER by Senior Judge Milton L. Schwartz ORDERING 9/22/00 related case notice with regard to CIV.S-00-2078 is [36-1] DENIED; (cc: all counsel) (mll) (Entered: 10/12/2000)

Oct. 12, 2000 PACER
44

RESPONSE by plaintiff to statement of undisputed facts [39-1] (old) (Entered: 10/16/2000)

Oct. 13, 2000 PACER
45

RESPONSE IN OPPOSITION (entitled mem opp) by plaintiff to motion for partial summary judgment by defendants City of Sacramento and Mike Kashiwagi [25-1] (old) (Entered: 10/16/2000)

Oct. 13, 2000 PACER
46

STATEMENT by plaintiff of additional undisputed facts in support of pltf's opposition to dft's motion for partial summary judgment [45-1] (old) (Entered: 10/16/2000)

Oct. 13, 2000 PACER
47

DECLARATION of Melissa W. Kasnitz in support pltf's opposition to dft's motion for partial summary judgment [45-1] (old) (Entered: 10/16/2000)

Oct. 13, 2000 PACER
48

NOTICE by plaintiffs of submission of pltf's confidential settlement conference statment (old) (Entered: 10/17/2000)

Oct. 16, 2000 PACER
49

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in support of plts motion for partial summary judgment [19-1] (mll) (Entered: 10/20/2000)

Oct. 19, 2000 PACER
50

DECLARATION of Laurence W Paradis in support of plts motion for partial summary judgment [19-1] (mll) (Entered: 10/20/2000)

Oct. 19, 2000 PACER
51

DFTS' MEMORANDUM of Points and Authorities in REPLY to plts' opposition to motion for partial summary judgment [25-1] (ndd) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
52

DFTS' RESPONSE to plts' Additional Statement of Undisputed facts in oppositioin to dfts' motion for partial summary judgment [46-1] (ndd) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
53

DECLARATION of Gerald C Hicks in support of Reply to plts' opposition to motion for partial summary judgment [51-1] (ndd) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
54

PROOF OF SERVICE by defendants of [53-1], [52-1], [51-1] (ndd) (Entered: 10/23/2000)

Oct. 20, 2000 PACER
55

MINUTES of hearing on motion before Senior Judge Milton L. Schwartz re motion for partial summary judgment by defendants City of Sacramento and Mike Kashiwagi [25-1], re motion for partial summary judgment by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Tony Martinez, Brenda Pickern, Suzanne Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom [19-1]; parties may file additional letter or call chambers with new information by 11/6/00; if no contact, matter will be submitted; C/R Sandra Von Haenel (hk) (Entered: 10/30/2000)

Oct. 27, 2000 PACER
56

NOTICE by plaintiffs submitting original signature page to Paul Church's declaration [22-1] (hk) (Entered: 10/30/2000)

Oct. 27, 2000 PACER
57

NOTICE by dft City of Sacramento of hearing mediation set for 10:00 11/29/00 () (old) (Entered: 10/31/2000)

Oct. 30, 2000 PACER
58

LETTER to court from counsel for plaintiffs that the settlement conference was taken off calendar for 11/29/00; the parties requesting that the motions be submitted (ndd) (Entered: 11/16/2000)

Nov. 15, 2000 PACER
59

MOTION for to restrict scope of the class to exclude "Old Town" by plaintiff ; AND to voluntarily dismiss party by plaintiff motion TO BE HEARD by Senior Judge Milton L. Schwartz, motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 12/15/00 9:00 (old) (Entered: 11/17/2000)

Nov. 16, 2000 PACER
60

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff in support of motion to restrict and to dismiss [59-1], [59-2] (old) (Entered: 11/17/2000)

Nov. 16, 2000 PACER
61

DECLARATION of Patricia Barbosa in support of motion to restrict and to dismiss party [59-1], [59-2] (old) (Entered: 11/17/2000)

Nov. 16, 2000 PACER
62

DECLARATION of Melissa Kasnitz in support of motion to restrict and to dismiss party [59-1], [59-2] (old) (Entered: 11/17/2000)

Nov. 16, 2000 PACER

LODGED proposed order granting motion to restrict and to dismiss party by plaintiffs (old)

Nov. 16, 2000 PACER
63

STIPULATION permitting service by overnight mail (old) (Entered: 11/17/2000)

Nov. 16, 2000 PACER
65

DESIGNATION of expert witnesses by plaintiffs (ndd) (Entered: 11/20/2000)

Nov. 17, 2000 PACER
64

ORDER by Senior Judge Milton L. Schwartz ORDERING that motion for summary adjudication by defendants City of Sacramento and Mike Kashiwagi [25-1] GRANTED in part and DENIED in part; motion for summary adjudication by pltfs Joan Barden, Susan Barnhill, Hollylynn DeLil, Jeffrey Evans, Martinez, Brenda Pickern, Suzanne Fitts Valters, Mitch Watkins, Carol Wolfington, Jeff Thom [19-1] GRANTED (cc: all counsel) (as) (Entered: 11/20/2000)

Nov. 20, 2000 PACER
66

RESPONSE by defendant City of Sacramento, defendant Mike Kashiwagi to motion for to restrict scope of the class to exclude "Old Town" by plaintiff [59-1] (old) (Entered: 11/29/2000)

Nov. 28, 2000 PACER
67

DECLARATION of Gerald Hicks in support of opposition to pltf's motion to restrict scope of class to exclude Old Town [66-1] (old) (Entered: 11/29/2000)

Nov. 28, 2000 PACER
68

DECLARATION of Edwin Astone in support of opposition to pltfs' motion to restrict scope to class to Old Town [66-1] (old) (Entered: 11/29/2000)

Nov. 28, 2000 PACER
69

DESIGNATION OF EXPERT WITNESSES by defendants (as) (Entered: 12/05/2000)

Dec. 4, 2000 PACER
70

EX PARTE application for ran order extending time to hear motion on City of Sacramento transition plan by defendants (as) (Entered: 12/08/2000)

Dec. 7, 2000 PACER
71

DECLARATION of Gerald C Hicks in support of ex pare application to extend time to hear motion on city of Sacramento's transition plan [70-1] (as) (Entered: 12/08/2000)

Dec. 7, 2000 PACER
72

NOTICE OF MOTION AND MOTION to compel production of documents by plaintiffs Motion Hearing Set for 1/4/01 10:00 (as) (Entered: 12/11/2000)

Dec. 8, 2000 PACER
73

MOTION to strike submission by dfts in the declaration of Gerald C Hicks by plaintiffs ; motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For not noticed (as) (Entered: 12/11/2000)

Dec. 8, 2000 PACER
74

REPLY by plaintiff in support of motion to restrict the scope of the class to exclude "old town" and to voluntarily dismiss pltfs' Hollynn DeLil and Carol Wolfington w/o prejudice [59-1] (as) (Entered: 12/11/2000)

Dec. 8, 2000 PACER
75

REPLY DECLARATION of Melissa Kasnitz in support of motion to restrict the scope of the class to exclude "old town" and to voluntarily dismiss pltfs Hollynn DeLil and Carol Wolfington w/o prejudice [59-1] (as) (Entered: 12/11/2000)

Dec. 8, 2000 PACER
76

OPPOSITION by plaintiff to dfts' ex parte application for an order extending time to hear motion on city of Sacramento transition plan [70-1] (as) (Entered: 12/11/2000)

Dec. 8, 2000 PACER
77

REPLY by dfts City of Sacramento, Mike Kashiwagi to pltfs' opposition to ex parte application for an order extending time to hear motion on City's transition plan (ljr) (Entered: 12/12/2000)

Dec. 11, 2000 PACER
78

NOTICE OF MOTION AND MOTION to compel production of documents by defendants ; Motion Hearing Set for 10:00 01/04/01 (ar) (Entered: 12/15/2000)

Dec. 14, 2000 PACER
79

MINUTES before Senior Judge Milton L. Schwartz motion for to restrict scope of the class to exclude "Old Town" by pltf [59-1] SUBMITTED, motion to voluntarily dismiss party by pltf [59-2] SUBMITTED; C/R Catherine R Vestito (ljr) (Entered: 12/18/2000)

Dec. 15, 2000 PACER
80

ORDER by Senior Judge Milton L. Schwartz ORDERING ORDERED that plts' motion for to restrict scope of the class to exclude "Old Town" [59-1] and to voluntarily dismiss plts DeLil and Wolfington w/o prejudice [59-2] is GRANTED party Hollylynn DeLil, party Carol Wolfington DISMISSED; (cc: all counsel) (ndd) (Entered: 12/20/2000)

Dec. 19, 2000 PACER
81

ORDER by Senior Judge Milton L. Schwartz ORDERING dfts' ex parte application for an order extending the time for filing of dispositive motions [70-1] is GRANTED; motion hearing ddl set for 2/16/01 pretrial conference set for 2:00 3/19/01 jury trial set for 9:30 5/14/01 (cc: all counsel) (ndd) (Entered: 12/20/2000)

Dec. 19, 2000 PACER
82

STIPULATION regarding discovery disagrreement pertaining to pltfs' motion to compel production of documents [72-1] (kdc) (Entered: 12/29/2000)

Dec. 29, 2000 PACER
83

STIPULATION regarding discovery disagreement pertaining to dfts' motion to compel production of documents [78-1] (kdc) (Entered: 12/29/2000)

Dec. 29, 2000 PACER
84

MINUTES of motion hearing before Magistrate Judge John F. Moulds: as to dfts motion to compel production of documents [78-1] the parites stipulate that the pltf will file authenticated copy of time records (those submitted for mediation), to be maintained under seal until the conclusion of the merits portion of this litigation; authentication declaration will be served upon dft w/in ten days; as to pltf's motion to compel production of documents [72-1]: the documents requested are to be produced w/in ten days of order (old) (Entered: 01/05/2001)

Jan. 4, 2001 PACER
85

SEALED document ( ) (old) (Entered: 01/11/2001)

Jan. 11, 2001 PACER
86

ORDER by Magistrate Judge John F. Moulds: pursuant to the stipulation of counsel, dft's motion to compel is dropped from the calendar; w/in ten days from the date of the order, an authenticated copy of pltf's billing records which were previously provided to dfts during the course of mediation proceedings shall be filed under seal w/ the court until the conclusion of the merits of this action and the filing of any attys' fees motion at which time the sealed billing records shall be available for review by the parties; the declaration of pltf's counsel authenticating the billing records shall be served on dfts; the court finds no basis in the record for assertion of the deliberative process privilege, attorney client privilege, or work product; the documents which pltfs seek to compel have been sufficiently described; responsive documents shall be produced, for copying and inspeciton, w/in ten days form the date of this order; (cc: all counsel) (old) (Entered: 01/12/2001)

Jan. 12, 2001 PACER
87

TRANSCRIPT of 12/15/00 hearing on Motion to restrict scope of class and Dismiss plts Delil and Wolfington by C/R C Vestito (ndd) (Entered: 01/19/2001)

Jan. 18, 2001 PACER
88

NOTICE OF MOTION AND MOTION for summary adjudication by plaintiffs motion TO BE HEARD by Senior Judge Milton L. Schwartz ; Motion Hearing Set For 2/16/01 (ndd) Modified on 01/22/2001 (Entered: 01/22/2001)

Jan. 19, 2001 PACER
89

MEMORANDUM OF POINTS AND AUTHORITIES in support of plts' Motion for summary adjudication that sidewalks are covered by program access requirements [88-1] (ndd) (Entered: 01/22/2001)

Jan. 19, 2001 PACER
90

DECLARATION of Melissa W Kasnitz in support of plts' Motion for summary adjudication that sidewalks are covered by requirements [88-1] (ndd) (Entered: 01/22/2001)

Jan. 19, 2001 PACER
91

DECLARATION of Suzanne Fitts Valters in support of plts' Motion for summary adjudication that sidewalks are covered by program access requirements [88-1] (ndd) (Entered: 01/22/2001)

Jan. 19, 2001 PACER
92

DECLARATION of Mitch Watkins in support of plts' Motion for summary adjudication that sidewalks are covered by program access requirements [88-1] (ndd) (Entered: 01/22/2001)

Jan. 19, 2001 PACER
93

DECLARATION of Deborah Holsey in support of plts' Motion for summary adjudication that sidewalks are covered by program access requirements[88-1] (ndd) (Entered: 01/22/2001)

Jan. 19, 2001 PACER
94

DECLARATION of Jeffrey Evans in support of plts' Motion for summary adjudication that sidewalks are covered by program access requirements [88-1] (ndd) (Entered: 01/22/2001)

Jan. 19, 2001 PACER

State / Territory: California

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: March 15, 1999

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals with mobility and/or vision disabilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Sacramento, City

Department of Public Works (City of Sacramento), City

Defendant Type(s):

Jurisdiction-wide

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

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2034

Content of Injunction:

Monitor/Master

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Required disclosure

Issues

General:

Access to public accommodations - governmental

Sidewalks

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Visual impairment