Case: Hart v. Colvin

4:15-cv-00623 | U.S. District Court for the Northern District of California

Filed Date: Feb. 9, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 9, 2015, three individuals whose disability benefits had allegedly been denied or terminated based on examinations performed by a now-disqualified doctor filed this class-action lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the Acting Commissioner of Social Security for alleged violations of the Social Security Act and the Fifth Amendment. The plaintiffs alleged that the Commissioner wrongfully relied on examinations performed by a p…

On February 9, 2015, three individuals whose disability benefits had allegedly been denied or terminated based on examinations performed by a now-disqualified doctor filed this class-action lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued the Acting Commissioner of Social Security for alleged violations of the Social Security Act and the Fifth Amendment. The plaintiffs alleged that the Commissioner wrongfully relied on examinations performed by a physician who, at the time of this complaint, had been disqualified, in denying or terminating their disability benefits.

Specifically, the plaintiffs alleged that the defendant’s policy and practice of relying on this disqualified doctor’s defective examination reports in denying or terminating disability benefits was in violation of a requirement that such determinations be based on evidence from acceptable medical sources. Moreover, the plaintiffs alleged that they, and the class members, were never notified that the doctor had been disqualified, nor were they provided copies of his reports at the time of their denial or termination. Represented by the National Senior Citizens Law Center, Legal Aid of San Mateo County, and private counsel, the plaintiffs asked the court for declaratory and injunctive relief, class certification, and costs and attorneys’ fees.

According to the Social Security Act and its implementing regulations, the Social Security Administration “need[s] evidence from acceptable medical sources to establish whether [an individual has] a medically determinable impairment.” The Social Security Administration also mandated that in order to obtain adequate medical evidence of an individual’s disabilities, it was necessary to procure a consultative examination from a qualified medical source. The physician now in question had performed many such examinations in San Francisco and surrounding cities, and had issued reports that he knew were “incorrect or incomplete, including statements that he performed tests he did not in fact perform, and conclusions that were inconsistent with medical evidence already in the record, with no explanation or even acknowledgement of the inconsistency.” After numerous complaints over a period of years, this doctor was disqualified from continuing to provide consultative examinations as of December 30, 2013. However, his prior examination reports continued to be used as competent evidence by the Social Security Administration, and were used in denying and terminating SSI and SSDI benefits.

After the plaintiffs filed this complaint, the case was initially assigned to Magistrate Judge Donna M. Ryu. On February 10, 2015, the court ordered alternative dispute resolution. On March 30, 2015, the case was reassigned to Judge Jon S. Tigar for all further proceedings.

On April 20, 2015, the defendant moved to dismiss the complaint, claiming that the plaintiffs failed to exhaust all administrative remedies available to them, and the court therefore did not have subject matter jurisdiction.

On June 25, 2015, the court held a hearing on the defendant’ motion to dismiss, which was denied on July 17, 2015. The court held that while the plaintiffs had not exhausted all administrative remedies, a waiver should be granted because “requiring plaintiffs to exhaust administrative remedies would not serve the policies underlying exhaustion.”

On August 6, 2015, the plaintiffs moved for class certification.

The case management conference set for August 19 was continued to November 19, 2015 because the court set a class-certification briefing schedule and referred the case to a magistrate judge for settlement, which was set for November 17, 2015. The court granted the plaintiffs’ motion for class certification on October 14, 2015. 310 F.R.D. 427.

Following a series of settlement conferences before Magistrate Judge Maria-Elena James, the parties came to an agreement on September 19, 2016, and submitted their proposed class action settlement agreement to the court. The agreement provided relief to class members through procedural mechanisms that varied depending on the status of their claims and the amount of time since their examination by the disqualified doctor:

Class members with open claims (individuals who had received an unfavorable but not-yet-final determination of their claim) were to be notified that their consultative examination reports were flawed, and that they had the option to have the report excluded from consideration in a forthcoming adjudication. However, the adjudicator had the discretion in each case to consider whether ordering an additional consultative examination would be appropriate.

Class members with closed claims (individuals who had received a final unfavorable determination fo their claim) would be eligible for relief through a readjudication process which would not consider the reports created by the disqualified doctor. The individual would also have the opportunity to submit supplemental evidence relating to the previously-adjudicated period. If found to have been disabled for part or all of the period, they would be eligible to receive back payments for missed benefits.

This relief would not be granted to individuals in “current pay status” (individuals who were receiving benefits), nor would it be available for individuals whose claims were denied by an adjudication which had afforded no weight to the disqualified doctor’s report.

The defendant agreed to begin a study of the processes through which it monitors California’s Disability Determination Services office (and its engagement, review, and retention of consultative examiners), in order to identify mechanisms to improve the monitoring process. The defendant also agree to “issue a document setting out processes for notifying adjudicators when an individual [consultative examination] provider previously engaged by the California [Disability Determination Services] has been disqualified for conduct determined to undermine the credibility of that provider’s reports.” The defendant agreed to pay attorneys’ fees in the amount of $490,000, and the plaintiffs agreed to dismiss the case with prejudice.

After preliminarily approving the settlement on November 9, 2016, the court held a final hearing on the settlement on March 16, 2017. On March 17, the parties submitted a joint stipulation of dismissal with prejudice, subject to the terms of the settlement agreement.

The court granted final approval of the class action settlement on April 17, 2017. The parties requested, and the court ordered, that the parties provide public notice. Since class members would have to take some affirmative steps to reopen their claims, the court ordered the defendant to publish a notice in newspapers, and ordered the plaintiffs’ counsel to provide notice to organizations that were likely to interact with class members. The court maintained jurisdiction over the case to ensure implementation and enforcement of the settlement.

On April 25, 2017, the court granted an order amending the settlement. Specifically, the amended settlement:

  1. Replaced the term “Administrative Law Judges” with “Social Security Administration”;
  2. Extended the deadline for mailing request forms;
  3. Clarified language concerning enforcement mechanisms; and
  4. Defined the class as “all persons whose SSI or SSDI benefits were either denied or terminated and for whom a consultative examination was prepared by Dr. Frank Chen, and all persons who received a partially favorable decision or determination on their claim for SSI or SSDI benefits and for whom a consultative examination was prepared by Dr. Chen.”
The court reserved exclusive and continuing jurisdiction over the settlement for the purposes of supervising its implementation, enforcement, and construction; the duration of jurisdiction was unspecified.

In April 2020, the plaintiffs filed a motion for enforcement of the settlement agreement, alleging that the Social Security Administration was not complying with the agreement. As required by the agreement, the parties scheduled a series of settlement conferences; however, due to the COVID-19 pandemic, those conferences were postponed by joint stipulation of the parties. As of August 2020, the conferences are pending.

Summary Authors

Saeeda Joseph-Charles (12/5/2016)

Gabriela Hybel (6/1/2017)

Bogyung Lim (8/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5971741/parties/kevin-hart-v-nancy-a-berryhill/


Judge(s)

Beeler, Laurel (California)

James, Maria-Elena (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Balassone, Elizabeth Gilmore (California)

Lang, Kathryn Rose (District of Columbia)

McIntyre, Gerald Andrew (California)

McManus, Spencer (California)

Nakamura, Hope Gisele (California)

Petraglia, Robert Travis (California)

Phan, Trinh (California)

Judge(s)

Beeler, Laurel (California)

James, Maria-Elena (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Balassone, Elizabeth Gilmore (California)

Lang, Kathryn Rose (District of Columbia)

McIntyre, Gerald Andrew (California)

McManus, Spencer (California)

Nakamura, Hope Gisele (California)

Petraglia, Robert Travis (California)

Phan, Trinh (California)

Rich, Anna Margaret (California)

Stern, William Lewis (California)

Vetesi, Claudia Maria (California)

Attorneys(s) for Defendant

Mizer, Benjamin C. (District of Columbia)

Subar, Judry S (District of Columbia)

Zee, M. Andrew (District of Columbia)

Documents in the Clearinghouse

Document

4:15-cv-00623

Docket [PACER]

June 25, 2020

June 25, 2020

Docket
1

4:15-cv-00623

Class Action Complaint

Feb. 9, 2015

Feb. 9, 2015

Complaint
36

4:15-cv-00623

Order Denying Motion to Dismiss

July 17, 2015

July 17, 2015

Order/Opinion
40

4:15-cv-00623

Plaintiffs' Notice of Motion and Motion for Class Certification; Memorandum of Points and Authorities

Aug. 6, 2015

Aug. 6, 2015

Pleading / Motion / Brief
50

4:15-cv-00623

Order Granting Class Certification

Oct. 14, 2015

Oct. 14, 2015

Order/Opinion
79

4:15-cv-00623

Amended Settlement Agreement

Nov. 8, 2016

Nov. 8, 2016

Settlement Agreement
81

4:15-cv-00623

Order Granting Motion for Preliminary Approval of Class Action Settlement

Nov. 9, 2016

Nov. 9, 2016

Order/Opinion
88

4:15-cv-00623

Order Granting Final Approval of Class Action Settlement

April 17, 2017

April 17, 2017

Order/Opinion
90

4:15-cv-00623

Stipulated Request to Amend Order Granting Final Approval of Class Action Settlement and Order

Hart v. Berryhill

April 25, 2017

April 25, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5971741/kevin-hart-v-nancy-a-berryhill/

Last updated Sept. 1, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT against Carolyn W. Colvin, (Filing Fee: $400.00, receipt number 0971-9274100). Filed by Lee Harris, Nina Silva-Collins, Kevin Hart. (Attachments: #(1) Civil Cover Sheet)(Stern, William) (Filed on 2/9/2015) (Entered: 02/09/2015)

1 Civil Cover Sheet

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Feb. 9, 2015

Feb. 9, 2015

RECAP
2

Proposed Summons. (Stern, William) (Filed on 2/9/2015) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
3

Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 2/9/2015) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
4

Certificate of Interested Entities by lee Harris, kevin hart, nina silva-collins (Stern, William) (Filed on 2/9/2015) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/6/2015. Case Management Conference set for 5/13/2015 01:30 PM. (vlkS, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
6

Summons Issued as to Carolyn W. Colvin. (vlkS, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
7

SUMMONS Returned Executed by Lee Harris, Nina Silva-Collins, Kevin Hart. All Plaintiffs. (Stern, William) (Filed on 2/13/2015) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
8

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a docket text entry only, there is no document associated with this entry) (ig, COURT STAFF) (Filed on 2/24/2015) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lee Harris, Kevin Hart, Nina Silva-Collins.. (Stern, William) (Filed on 2/26/2015) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
10

NOTICE of Appearance by William Lewis Stern, Gerald A. McIntyre, Anna Rich, Claudia M. Vetesi, Robert Petraglia, Elizabeth Balassone, Trinh Phan, and Hope Nakamura (Stern, William) (Filed on 3/17/2015) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
11

NOTICE of Appearance by Michael Andrew Zee (Zee, Michael) (Filed on 3/26/2015) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
12

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carolyn W. Colvin.. (Zee, Michael) (Filed on 3/26/2015) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
13

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (vlkS, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
14

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jon S. Tigar for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on March 30, 2015. (cjlS, COURT STAFF) (Filed on 3/30/2015) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
15

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/6/2015. Initial Case Management Conference set for 5/20/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Standing Order, # 2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 3/30/2015) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
16

STIPULATION WITH [PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO DISMISS filed by Carolyn W. Colvin. (Attachments: #(1) Declaration of M. Andrew Zee)(Zee, Michael) (Filed on 4/3/2015) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER

Set Deadlines/Hearings

April 3, 2015

April 3, 2015

PACER
17

STIPULATION AND ORDER re 16 STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE filed by Carolyn W. Colvin. Signed by Judge Jon S. Tigar on April 3, 2015. (wsn, COURT STAFF) (Filed on 4/3/2015) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

RECAP

Set Deadlines/Hearings: Motion Hearing set for 6/25/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. (wsn, COURT STAFF) (Filed on 4/3/2015)

April 3, 2015

April 3, 2015

PACER
18

MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Carolyn W. Colvin. Motion Hearing set for 6/25/2015 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 5/18/2015. Replies due by 6/8/2015. (Attachments: # 1 Declaration of Lisa Pagan, # 2 Exhibit A)(Zee, Michael) (Filed on 4/20/2015) (Entered: 04/20/2015)

1 Declaration of Lisa Pagan

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2 Exhibit A

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April 20, 2015

April 20, 2015

RECAP
19

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zee, Michael) (Filed on 4/28/2015) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
20

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Stern, William) (Filed on 4/29/2015) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
21

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Stern, William) (Filed on 4/29/2015) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
22

ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, May 13, 2015 at 1:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 5/1/2015) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
23

JOINT CASE MANAGEMENT STATEMENT filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Stern, William) (Filed on 5/6/2015) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER

ADR Phone Conference held

May 13, 2015

May 13, 2015

PACER

ADR Remark: ADR Phone Conference held by Robin Siefkin on 5/13/2015. A further ADR Phone Conference is scheduled on 7/27/2015 at 11:00 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 5/13/2015)

May 13, 2015

May 13, 2015

PACER
24

NOTICE of Appearance by Kathryn Rose Lang (Lang, Kathryn) (Filed on 5/18/2015) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
25

RESPONSE to (re 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction) filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Stern, William) (Filed on 5/18/2015) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

RECAP
26

Minute Entry for proceedings held before Hon. Jon S. Tigar: Initial Case Management Conference held on 5/20/2015. Case Management Statement due by 8/5/2015. Further Case Management Conference set for 8/19/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 5/20/2015) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
27

REPLY (re 18 MOTION to Dismiss for Lack of Jurisdiction ) filed byCarolyn W. Colvin. (Attachments: # 1 Declaration of Scott J. Borrowman, # 2 Exhibit A, # 3 Exhibit B)(Zee, Michael) (Filed on 6/8/2015) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
28

Second Declaration of Scott J. Borrowman in Support of 18 MOTION to Dismiss for Lack of Jurisdiction filed by Carolyn W. Colvin. (Attachments: # 1 Exhibit C)(Related document(s) 18 ) (Zee, Michael) (Filed on 6/24/2015) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
29

Minute Entry for proceedings held before Hon. Jon S. Tigar: Motion Hearing held on 6/25/2015 re 18 MOTION to Dismiss for Lack of Jurisdiction filed by Carolyn W. Colvin. Court Reporter Name Pam Batalo. (wsn, COURT STAFF) (Date Filed: 6/25/2015) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
30

TRANSCRIPT ORDER by Lee Harris, Kevin Hart, Nina Silva-Collins for Court Reporter Pam Batalo. (Balassone, Elizabeth) (Filed on 6/26/2015) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
31

TRANSCRIPT ORDER by Carolyn W. Colvin for Court Reporter Pam Batalo. (Zee, Michael) (Filed on 6/29/2015) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
32

STIPULATION WITH [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Stern, William) (Filed on 7/8/2015) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
33

ORDER APPROVING STIPULATION AND SETTING HEARING DATE re 32 STIPULATION WITH PROPOSED ORDER REGARDING BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Kevin Hart, Nina Silva-Collins, Lee Harris. Motion Hearing set for 10/8/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on July 8, 2015. (wsn, COURT STAFF) (Filed on 7/8/2015) (Entered: 07/09/2015)

July 8, 2015

July 8, 2015

RECAP
34

UNOPPOSED ADMINISTRATIVE MOTION for Leave to File Notice of Appeals Council Order in Further Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Carolyn W. Colvin. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Zee, Michael) (Filed on 7/10/2015) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
35

RESPONSE to (re 34 Unopposed Administrative MOTION for Leave to File Notice of Appeals Council Order in Further Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction) filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Stern, William) (Filed on 7/15/2015) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
36

ORDER DENYING MOTION TO DISMISS by Judge Jon S. Tigar; denying 18 Motion to Dismiss for Lack of Jurisdiction. (wsn, COURT STAFF) (Filed on 7/17/2015) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

RECAP
37

Transcript of Proceedings held on 6/25/15, before Judge Tigar. Court Reporter Pamela A. Batalo, Telephone number 626-688-7509; pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 30 Transcript Order, 31 Transcript Order ) Redaction Request due 8/11/2015. Redacted Transcript Deadline set for 8/21/2015. Release of Transcript Restriction set for 10/19/2015. (Related documents(s) 30, 31 ) (Batalo, Pam) (Filed on 7/21/2015) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER

ADR Phone Conference held

July 27, 2015

July 27, 2015

PACER

ADR Remark: ADR Phone Conference held by Howard Herman Director, ADR Program on 7/27/2015. (af, COURT STAFF) (Filed on 7/27/2015)

July 27, 2015

July 27, 2015

PACER
38

ANSWER to Plaintiffs' Class Action Complaint filed by Carolyn W. Colvin. (Zee, Michael) (Filed on 7/31/2015) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

RECAP
39

JOINT CASE MANAGEMENT STATEMENT filed by Carolyn W. Colvin. (Zee, Michael) (Filed on 8/5/2015) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
40

NOTICE OF MOTION & MOTION for Class Certification; Memorandum of Points & Authorities filed by Lee Harris, Kevin Hart, Nina Silva-Collins. Motion Hearing set for 10/8/2015 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 8/20/2015. Replies due by 8/27/2015. (Attachments: # 1 Proposed Order CERTIFYING CLASS ACTION, # 2 Declaration OF WILLIAM STERN IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, # 3 Declaration OF ANNA RICH IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, # 4 Declaration OF ANDY CHU IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, # 5 Exhibit A, # 6 Exhibit B, # 7 Declaration OF NYLA MOUJAES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION, # 8 Exhibit A, # 9 Exhibit B, # 10 Exhibit C, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G)(Stern, William) (Filed on 8/6/2015) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
41

Declaration of KYLE KITSON in Support of 40 MOTION for Class Certification filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Related document(s) 40 ) (Stern, William) (Filed on 8/6/2015) (Entered: 08/06/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Aug. 6, 2015

Aug. 6, 2015

PACER
42

Declaration of TRINH PHAN in Support of 40 MOTION for Class Certification filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Declaration (SECOND) OF TRINH PHAN IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION)(Related document(s) 40 ) (Stern, William) (Filed on 8/6/2015) (Entered: 08/06/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Declaration (SECOND) OF TRINH PHAN IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CER

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Aug. 6, 2015

Aug. 6, 2015

PACER
43

ORDER CONTINUING CASE MANAGEMENT CONFERENCEThe Court having already set a class certification briefing schedule and referred the case to a Magistrate Judge for settlement, and it appearing that there are no case management matters currently requiring the Court's attention, the case management conference currently scheduled for August 19, 2015 is CONTINUED to November 19, 2015 at 2:00 p.m. The parties must file a joint case management statement at least ten court days in advance.(Entered by Judge Jon S. Tigar) (Filed on 8/16/2015) (Entered: 08/16/2015)

Aug. 16, 2015

Aug. 16, 2015

PACER
44

ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR SETTLEMENT. Signed by Judge Jon S. Tigar on August 16, 2015. (wsn, COURT STAFF) (Filed on 8/17/2015) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER

Set Deadlines/Hearings

Aug. 17, 2015

Aug. 17, 2015

PACER

Case Referred to Magistrate Judge for Settlement

Aug. 17, 2015

Aug. 17, 2015

PACER

Set Deadlines/Hearings: Case Management Statement due by 11/5/2015. Further Case Management Conference set for 11/19/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (wsn, COURT STAFF) (Filed on 8/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER

CASE REFERRED to Magistrate Judge Maria-Elena James for Settlement (ahm, COURT STAFF) (Filed on 8/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER
45

Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 11/17/2015 10:00 AM, in Chambers, 15th Floor. Signed by Magistrate Judge Maria-Elena James on 08/18/2015. (rmm2S, COURT STAFF) (Filed on 8/18/2015) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
46

RESPONSE to (re 40 MOTION for Class Certification) filed by Carolyn W. Colvin. (Zee, Michael) (Filed on 8/27/2015) (Entered: 08/27/2015)

Aug. 27, 2015

Aug. 27, 2015

PACER
47

REPLY (re 40 MOTION for Class Certification) filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Stern, William) (Filed on 9/3/2015) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
48

Minute Entry for proceedings held before Hon. Jon S. Tigar: Motion Hearing held on 10/8/2015 re 40 MOTION to Certify Class filed by Kevin Hart, Nina Silva-Collins, Lee Harris. Court Reporter: Kathy Sullivan. (wsn, COURT STAFF) (Date Filed: 10/8/2015) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

PACER
49

CORRECTED BY ORDER AT DOCKET 50 ORDER GRANTING CLASS CERTIFICATION by Judge Jon S. Tigar; granting 40 Motion for Class Certification. (wsn, COURT STAFF) (Filed on 10/9/2015) Modified on 10/14/2015 (wsn, COURT STAFF). (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

PACER
50

ORDER GRANTING CLASS CERTIFICATION by Judge Jon S. Tigar; granting 40 Motion for Class Certification. Correction of docket 49. (wsn, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

RECAP
51

TRANSCRIPT ORDER by Carolyn W. Colvin for Court Reporter Katherine Sullivan. (Zee, Michael) (Filed on 10/15/2015) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
52

Transcript of Proceedings held on 10/8/15, before Judge Jon S. Tigar. Court Reporter/Transcriber Katherine Sullivan, telephone number 415-794-6659. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 51 Transcript Order ) Redaction Request due 11/16/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/25/2016. (Related documents(s) 51 ) (Sullivan, Katherine) (Filed on 10/26/2015) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
53

THIRD JOINT CASE MANAGEMENT STATEMENT filed by Lee Harris, Kevin Hart. (Stern, William) (Filed on 11/5/2015) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
54

Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Settlement Conference held on 11/17/2015.FTR Time: Not Recorded. Plaintiff Attorney(s): Elizabeth Balassone, William L. Stern, Trinh Phan, Anna Rich, Gerald McIntyre. Defendant Attorney: M. Andrew Zee. Attachment: Minutes of Settlement Conference; Further Settlement Conference scheduled for December 18, 2015 at 10:00 a.m., before Magistrate Judge James. See attached minutes.(rmm2S, COURT STAFF) (Date Filed: 11/17/2015) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER

Set/Reset Hearings

Nov. 17, 2015

Nov. 17, 2015

PACER

Set/Reset Hearing re 54 Settlement Conference, Further Settlement Conference set for 12/18/2015 10:00 AM, before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
55

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference previously set for 11/19/2015 is continued to 1/20/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. A Joint Case Management Statement is due by 1/13/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 11/17/2015) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
56

ORDER CONTINUING CASE MANAGEMENT CONFERENCEAt the request of Magistrate Judge James, the Case Management Conference currently scheduled for January 20, 2016 is CONTINUED to February 24, 2016 at 2:00 p.m. A Joint Case Management Statement must be filed at least seven days beforehand. The Court is unlikely to grant a further continuance of this Case Management Conference. (Entered by Judge Jon S. Tigar) (Filed on 12/18/2015) (This is a text-only entry generated by the court. There is no document associated with this entry) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER

Set Deadlines/Hearings

Dec. 18, 2015

Dec. 18, 2015

PACER

Set Deadlines/Hearings: Case Management Statement due by 2/17/2016. Further Case Management Conference set for 2/24/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (wsn, COURT STAFF) (Filed on 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
57

Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Settlement Conference held on 12/21/2015.FTR Time: Not Recorded. Plaintiff Attorney(s): Gerald McIntyre; Anna Rich; Elizabeth Balassone, Trinh Phan. Defendant Attorney(s): M.Andrew Bee; Jay Ortis; Scott Borrowman. Attachment: Settlement Conference held, case did not settle, further Settlement Conference scheduled for February 5, 2016, at 10:30 a.m., see attached minutes.(rmm2S, COURT STAFF) (Date Filed: 12/21/2015) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER

Set/Reset Hearings

Dec. 21, 2015

Dec. 21, 2015

PACER

Set/Reset Hearing re 57 Settlement Conference, Settlement Conference set for 2/5/2016 10:30 AM. (rmm2S, COURT STAFF) (Filed on 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
58

CLERK'S NOTICE: At the request of the parties and their counsel, the Settlement Conference scheduled for tomorrow, Friday, February 5, 2016 at 10:30 a.m., is VACATED. Counsel shall meet and confer and let the Court know if the wish to go forward with the Settlement Conference at a later date or whether a phone conference would be the preference. Counsel shall contact the Courtroom Deputy, Rose Maher, at 415-522-4708 and let the Court know their preference.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 2/4/2016) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
59

FOURTH JOINT CASE MANAGEMENT STATEMENT filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Stern, William) (Filed on 2/17/2016) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
60

Minute Entry for proceedings held before Hon. Jon S. Tigar: Further Case Management Conference held on 2/24/2016. Motion due by 4/29/2016. Total Time in Court: 5 minutes. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 2/24/2016) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
61

Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 4/5/2016 10:00 AM, in Chambers, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. Signed by Magistrate Judge Maria-Elena James on 3/1/2016. (rmm2S, COURT STAFF) (Filed on 3/1/2016) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
62

Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Settlement Conference held on 4/5/2016.FTR Time: Not Recorded. Plaintiff Attorney(s): Trinh Phan, Esq.; William L. Stern, Esq.; Robert T. Petraglia, Esq.; Anna Rich, Esq.; Gerald McIntyre, Esq. Defendant Attorney(s): M. Andrew Zee, Esq.; Jamie Dixon, Esq. Attachment: Minutes of Settlement Conference; Further Settlement Status Hearing set for April 28, 2016, at 10:00 a.m., in Courtroom B, 15th Floor, before Magistrate Judge Maria-Elena James. See attached Minutes.(rmm2S, COURT STAFF) (Date Filed: 4/5/2016) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER

Set/Reset Hearings

April 5, 2016

April 5, 2016

PACER

Set/Reset Hearing re 62 Settlement Conference: Further Settlement Status Conference set for 4/28/2016 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 4/5/2016)

April 5, 2016

April 5, 2016

PACER
63

CLERK'S NOTICE CONTINUING MOTION FILING DEADLINE. The deadline for filing a motion for preliminary approval currently set for 4/29/2016 is continued to 6/10/2016. The parties are to notice a hearing date for the motion when it is filed on the Court's docket. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 4/6/2016) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
64

TRANSCRIPT ORDER for proceedings held on 10/08/2015 before Hon. Jon S. Tigar by Lee Harris, Kevin Hart, Nina Silva-Collins, for Court Reporter FTR - San Francisco. (Stern, William) (Filed on 4/7/2016) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
65

CLERK'S NOTICE SETTING STATUS HEARING RE SETTLEMENT CONFERENCE: Status Conference set for 5/19/2016 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 4/28/2016) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

PACER
66

CLERK'S NOTICE SCHEDULING FURTHER SETTLEMENT CONFERENCE: A further Settlement Conference is set for 7/13/2016 10:00 AM, in Courtroom B, 15th Floor, San Francisco, before Magistrate Judge Maria-Elena James. Counsel shall come directly to the Courtroom rather than Chambers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 5/26/2016) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
67

CLERK'S NOTICE CONTINUING MOTION FILING DATE. The deadline for filing a motion for preliminary approval currently set for 6/10/2016 is continued to 8/12/2016. The parties are to notice a hearing date for the motion when it is filed on the Court's docket. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 6/6/2016) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
68

Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Settlement Conference held on 7/14/2016.FTR Time: Not Recorded. Plaintiff Attorney(s): William Stern; Robert Petraglia; Anna Rich, Esq.;Trinh Phan, Esq., Gerald McIntyre, Esq. Defendant Attorney: M.Andrew Zee, Esq.; Jamie Dixon, Esq. Attachment: Minutes of Further Settlement Conference; A further Settlement Conference is scheduled for July 28, 2016 at 10:00 a.m.(rmm2S, COURT STAFF) (Date Filed: 7/14/2016) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
69

CLERK'S NOTICE SCHEDULING FURTHER SETTLEMENT CONFERENCE: Further Settlement Conference set for 7/28/2016 10:00 AM. (rmm2S, COURT STAFF) (Filed on 7/14/2016) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
70

CLERK'S NOTICE CONTINUING MOTIONS FILING DATE. The deadline for filing a motion for preliminary approval currently set for 8/12/2016 is continued to 9/16/2016. The parties are to notice a hearing date for the motion when it is filed on the Court's docket. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 7/28/2016). (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER

Set Deadlines/Hearings

July 28, 2016

July 28, 2016

PACER

Set Deadlines/Hearings: Motion for preliminary approval due by 9/16/2016. Correction of ECF No. 70. (wsn, COURT STAFF) (Filed on 7/28/2016)

July 28, 2016

July 28, 2016

PACER
71

Minute Entry for proceedings held before Magistrate Judge Maria-Elena James: Settlement Conference held on 7/29/2016.FTR Time: Not Recorded. Plaintiff Attorney(s): Trinh Phan; William L. Stern; Robert T. Petraglia; Anna Rich; Gerald McIntyre. Defendant Attorney(s): M. Andrew Zee, AUSA; Jamie Dixon. Attachment: Minutes of Further Settlement Conference on 7/28/2016; A Further Settlement Conference is scheduled for September 8, 2016 at 10:00 a.m., in Chambers, before Judge James.(rmm2S, COURT STAFF) (Date Filed: 7/29/2016) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
72

NOTICE of Change of Address by Anna Margaret Rich Change of Address for Plaintiffs' Attorney Trinh Phan (Rich, Anna) (Filed on 9/6/2016) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
73

CLERK'S NOTICE CONTINUING SETTLEMENT CONFERENCE: The Settlement Conference which was scheduled for Thursday, September 8, 2016 at 10:00 am, has been CONTINUED to Monday, September 26, 2016, at 10:00 am, in Chambers, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102, before Magistrate Judge Maria-Elena James. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 9/7/2016) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
74

ORDER CONTINUING DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL. Signed by Judge Jon S. Tigar on September 16, 2016. (jstlc2, COURT STAFF) (Filed on 9/16/2016) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER

Set Deadlines/Hearings

Sept. 16, 2016

Sept. 16, 2016

PACER

Set Deadlines/Hearings: Motions due by 10/17/2016. (wsn, COURT STAFF) (Filed on 9/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
75

Notice of Plaintiffs' Unopposed Motion and Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement filed by Lee Harris, Kevin Hart, Nina Silva-Collins. Motion Hearing set for 10/27/2016 01:30 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Responses due by 10/3/2016. Replies due by 10/11/2016. (Stern, William) (Filed on 9/19/2016) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
76

Brief in Support re 75 Notice of Plaintiffs' Unopposed Motion and Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement; Memorandum of Points and Authorities in Support of Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement filed by Lee Harris, Kevin Hart, Nina Silva-Collins. (Attachments: #(1) Exhibit A, #(2) [Proposed] Order)(Related document(s) 75 ) (Stern, William) (Filed on 9/19/2016) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
77

CLERK'S NOTICE Continuing Motion Hearing as to 75 MOTION for Settlement Notice of Plaintiffs' Unopposed Motion and Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement Agreement. This motion has been noticed for hearing on a date when Judge Tigar is not conducting civil law and motion. The Motion Hearing previously noticed for 10/27/2016 is continued to 11/9/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. All other deadlines are unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 9/21/2016) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
78

CLERK'S NOTICE VACATING SETTLEMENT CONFERENCE: The parties have advised the Court that this matter has settled. Therefore the Settlement Conference scheduled before Magistrate Judge Maria-Elena James on September 26, 2016 at 10:00 am, is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disabled individuals who claim that their social security benefits were denied or terminated based on flawed medical examinations performed by a now-disqualified physician.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Social Security Administration, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: 490,000

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief granted

Required disclosure

Issues

General:

Classification / placement

Government services

Pattern or Practice

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Type of Facility:

Government-run

Benefit Source:

SSDI

SSI