U. S. Court of Appeals for the Ninth Circuit

292 F.3d 1073

2013 WL 2421741

Disability Rights Advocates

City of Sacramento

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)

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

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

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

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

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

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

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)

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)

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)

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

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

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

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

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

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)

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

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)

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)

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)

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

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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

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

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

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

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)

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

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

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

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

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

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

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)

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

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)

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)

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)

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

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)

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)

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)

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

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

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

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

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)

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)

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

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)

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

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

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)

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)

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)

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

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

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

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

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

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)