Case: Avitia v. U.S. Immigration and Customs Enforcement

2:16-cv-04818 | U.S. District Court for the Central District of California

Filed Date: June 30, 2016

Closed Date: Feb. 17, 2017

Clearinghouse coding complete

Case Summary

On June 30, 2016 a deaf resident of California, together with the Greater Los Angeles Agency on Deafness (“GLAD”), filed this lawsuit in the U.S. District Court for the Central District of California. Plaintiffs sued the City of Santa Ana under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (“ACA”) Title II, the California Disabled Persons Act, and Cal. Govt. Code § 11135, which at relevant parts provides that no person shall be unlawfully denied full and equal acces…

On June 30, 2016 a deaf resident of California, together with the Greater Los Angeles Agency on Deafness (“GLAD”), filed this lawsuit in the U.S. District Court for the Central District of California. Plaintiffs sued the City of Santa Ana under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (“ACA”) Title II, the California Disabled Persons Act, and Cal. Govt. Code § 11135, which at relevant parts provides that no person shall be unlawfully denied full and equal access to benefits on the basis of disability. Plaintiffs also sued the United States Immigration and Customs Enforcement (“ICE”) under Section 504, alleging discrimination based on disability in the Santa Ana City Jail against immigration detainees housed by ICE in the jail. Represented by private counsel, Plaintiffs sought declaratory, injunctive, and monetary relief.

Citing a total lack of communication services for inmates who are deaf and hard of hearing, such as ASL interpreters or auxiliary aids, Plaintiffs alleged that detainees with hearing disabilities were effectively denied access to the programming and services made available by the jail to the general public. Plaintiff resident alleged that, while ICE officials and the Santa Ana Jail knew she was not fluent in English and was deaf, they never provided her with auxiliary aids or language assistance during her five months of immigration detention at the jail. Because of this failure, she was unable to understand the jail’s procedures, had no means to communicate with people outside of the jail, received improper medical care, and was denied all access to the jail’s educational programming. Furthermore, because officials failed to communicate to her that she was eligible for bond in June 2015, she stayed an extra five months at the jail.

Later, on December 5, 2016 Defendant City of Santa Ana submitted a request for stay of proceedings and early mediation through the court’s alternative dispute resolution (“ADR”) program. Judge Manuel Real referred the case to the ADR program, and the Parties went before a Mediator on February 17, 2017. The case settled fully on the same date. While the terms of the settlement were not made public, an attorney for Plaintiffs made a statement shortly after mediation that Plaintiffs would receive damages in the amount of $140,000. He also referenced injunctive relief that would “prevent what happened to the plaintiffs in this case from happening to another deaf, hard-of-hearing person housed in the Santa Ana city jail.” After the terms of the settlement were carried out, the parties filed a joint stipulation to dismiss the action with prejudice on May 19, 2017, with each Party to pay their own attorneys’ fees and costs.

Summary Authors

Lauren Latterell Powell (10/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5939058/parties/rosario-maciel-avitia-v-united-states-immigration-and-customs-enforcement/


Judge(s)

Kim, Steve (California)

Real, Manuel Lawrence (California)

Attorneys(s) for Plaintiff

Finneman, Trevor J (California)

Attorneys(s) for Defendant

Bensing, Daniel (District of Columbia)

Bogosian, Tamara (California)

Han, Chung H (California)

Expert/Monitor/Master

Almazan, Pablo Alejandro (California)

Cheng, Phyllis Wei-Erh (California)

Judge(s)

Kim, Steve (California)

Real, Manuel Lawrence (California)

Attorneys(s) for Plaintiff

Finneman, Trevor J (California)

Attorneys(s) for Defendant

Bensing, Daniel (District of Columbia)

Bogosian, Tamara (California)

Han, Chung H (California)

Expert/Monitor/Master

Almazan, Pablo Alejandro (California)

Cheng, Phyllis Wei-Erh (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Rosario Maciel Avitia v. United States Immigration and Customs Enforcement

May 19, 2017 Docket
1

Complaint for Declaratory Relief, Injunctive Relief, and Damages for Violations of...

Rosario Maciel Avitia v United States Immigration

June 30, 2016 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5939058/rosario-maciel-avitia-v-united-states-immigration-and-customs-enforcement/

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

ECF Number Description Date Link
1

COMPLAINT Receipt No: 0973-18115899 - Fee: $400, filed by Plaintiffs Rosario Maciel Avitia, Greater Los Angeles Agency on Deafness, Inc.. (Attorney Trevor J Finneman added to party Greater Los Angeles Agency on Deafness, Inc.(pty:pla), Attorney Trevor J Finneman added to party Rosario Maciel Avitia(pty:pla))(Finneman, Trevor) (Entered: 06/30/2016)

June 30, 2016 PACER
2

CIVIL COVER SHEET filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. (Finneman, Trevor) (Entered: 06/30/2016)

June 30, 2016 PACER
3

NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Finneman, Trevor) (Entered: 06/30/2016)

June 30, 2016 PACER
4

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. (Finneman, Trevor) (Entered: 06/30/2016)

June 30, 2016 PACER
5

NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge John E. McDermott. (Attachments: # 1 CV-11C) (esa) (Entered: 07/01/2016)

July 1, 2016 PACER
6

21/60 DAY Summons issued re Complaint 1 as to defendants City of Santa Ana, United States Immigration and Customs Enforcement. (esa) (Entered: 07/01/2016)

July 1, 2016 PACER
7

REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. [See Notice for further details.] (san) (Entered: 07/12/2016)

July 12, 2016 PACER
8

PROOF OF SERVICE Executed by Plaintiff Rosario Maciel Avitia, Greater Los Angeles Agency on Deafness, Inc., upon Defendant City of Santa Ana served on 7/19/2016, answer due 8/9/2016. Service of the Summons and Complaint were executed upon Rose Trujillo, Senior Deputy Clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Finneman, Trevor) (Entered: 07/20/2016)

July 20, 2016 PACER
9

PROOF OF SERVICE Executed by Plaintiff Rosario Maciel Avitia, Greater Los Angeles Agency on Deafness, Inc., upon Defendant United States Immigration and Customs Enforcement served on 7/21/2016, answer due 9/19/2016. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk via Certified Mail. Executed upon the Attorney Generals Office of the United States by delivering a copy to Loretta Lynch, Attorney General, via Certified Mail. Executed upon the officer agency or corporation by delivering a copy to Michael Lieu, Legal Assistant/Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Finneman, Trevor) (Entered: 07/21/2016)

July 21, 2016 PACER
10

ANSWERJURY DEMAND. filed by Defendant City of Santa Ana.(Attorney Tamara Bogosian added to party City of Santa Ana(pty:dft))(Bogosian, Tamara) (Entered: 08/09/2016)

Aug. 9, 2016 PACER
11

CERTIFICATE of Interested Parties filed by Defendant City of Santa Ana, identifying City of Santa Ana. (Bogosian, Tamara) (Entered: 08/09/2016)

Aug. 9, 2016 PACER
12

Notice of Appearance or Withdrawal of Counsel: for attorney Tamara Bogosian counsel for Defendant City of Santa Ana. Adding Tamara Bogosian as counsel of record for City of Santa Ana for the reason indicated in the G-123 Notice. Filed by Defendant City of Santa Ana. (Bogosian, Tamara) (Entered: 08/09/2016)

Aug. 9, 2016 PACER
13

STIPULATION Extending Time to Answer the complaint as to United States Immigration and Customs Enforcement answer now due 10/19/2016, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Immigration and Customs Enforcement.(Attorney Chung Hae Han added to party United States Immigration and Customs Enforcement(pty:dft))(Han, Chung) (Entered: 09/08/2016)

Sept. 8, 2016 PACER
14

NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge John E. McDermott to Judge Manuel L. Real for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Steve Kim. The case number will now reflect the initials of the transferee Judges 2:16-cv-04818 R(SKx). (rn) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
15

Notice of Appearance or Withdrawal of Counsel: for attorney Daniel E Bensing counsel for Defendant United States Immigration and Customs Enforcement. Adding Daniel Bensing as counsel of record for U.S. Immigration and Customs Enforcement for the reason indicated in the G-123 Notice. Filed by Defendant U.S. Immigration and Customs Enforcement. (Attorney Daniel E Bensing added to party United States Immigration and Customs Enforcement(pty:dft))(Bensing, Daniel) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
16

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Federal Defendant United States Immigration and Customs Enforcement.(Bensing, Daniel) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
17

ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (clee) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
18

SCHEDULING NOTICE RE: DUE DATE OF EARLY MEETING REPORT/JOINT RULE 26(f) REPORT by Judge Manuel L. Real. An Answer has been filed in this matter. Pursuant to this Court's Order Re: Notice to Counsel, a Joint Rule 26(f) Report/ Early Meeting Report is due on or before 12/05/2016. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY (Entered: 10/21/2016)

Oct. 21, 2016 PACER
19

PROOF OF SERVICE filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia, re Initial Order upon Filing of Complaint - form only 17 served on 10/24/2016. (Attachments: # 1 Exhibit Order Re: Notice to Counsel)(Almazan, Pablo) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
20

Notice to Parties: ADA Disability Access Litigation. (cch) (Entered: 11/23/2016)

Nov. 23, 2016 PACER
21

PROOF OF SERVICE filed by Plaintiff Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia, re Notice to Parties ADA Disability Access Litigation (ADR-20) 20 served on November 28, 2016. (Finneman, Trevor) (Entered: 11/29/2016)

Nov. 29, 2016 PACER
22

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia.. (Finneman, Trevor) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
23

APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant City of Santa Ana. Application set for hearing on 12/19/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Proposed Order Granting Application for Stay and Early Mediation) (Bogosian, Tamara) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
24

ADA DISABILITY ACCESS LITIGATION: ORDER GRANTING APPLICATION FOR STAY AND EARLY MEDIATION by Judge Manuel L. Real: Granting 23 APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation. The ADR proceeding is to be completed no later than 2/20/2017. (gk) (Entered: 12/14/2016)

Dec. 12, 2016 PACER
25

STATEMENT of Case filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia (Finneman, Trevor) (Entered: 12/28/2016)

Dec. 28, 2016 PACER
26

NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Phyllis Cheng has been assigned to serve as Panel Mediator. (mb) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
27

NOTICE OF MEDIATION DATE filed. Mediation set for February 16, 2017.(Cheng, Phyllis) (Entered: 01/25/2017)

Jan. 25, 2017 PACER
28

NOTICE OF MEDIATION DATE filed. Mediation set for February 16, 2017.(Cheng, Phyllis) (Entered: 01/25/2017)

Jan. 25, 2017 PACER
29

NOTICE TO PARTIES by District Judge Manuel L. Real. Effective February 13, 2017, Judge Real will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 880 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 880 of the Roybal Federal Building and U.S. Courthouse. All mandatory chambers copies shall be placed in the courtesy copy in-box outside of and adjacent to the courtroom, or mailed to the Court via overnight mail within 12 court business hours of the time the document was e-filed. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 02/08/2017)

Feb. 8, 2017 PACER
30

MEDIATION REPORT Filed by Mediator (ADR Panel) Phyllis Cheng: Mediation held on February 16, 2017 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judges deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case.(Cheng, Phyllis) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
32

ORDER OF DISMISSAL by Judge Manuel L. Real: THE COURT having been advised that the action has been settled 31 : IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 60 days to reopen the action if the settlement is not consummated. IT IS FURTHER ORDERED that all dates set in this action are hereby vacated. The Court reserves its jurisdiction for the purpose of enforcing the settlement. ( Case Terminated. Made JS-6. ) (gk) (Entered: 02/21/2017)

Feb. 17, 2017 RECAP
31

NOTICE of Settlement (Tentative) filed by Plaintiff Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. (Attachments: # 1 Proposed Order re Notice of Tentative Settlement)(Finneman, Trevor) (Entered: 02/20/2017)

Feb. 20, 2017 RECAP
33

ORDER EXTENDING 90 DAYS FOR PARTIES TO EXECUTE THE SETTLEMENT AGREEMENT by Judge Manuel L. Real: IT IS HEREBY ORDERED that the parties shall now have 90 days from the date of this Order to reopen the case if the settlement is not consummated. The Court reserves its jurisdiction for the purpose of enforcing the settlement (shb) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
34

NOTICE of Voluntary Dismissal filed by Plaintiff Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. Dismissal is with prejudice. (Finneman, Trevor) (Entered: 05/19/2017)

May 19, 2017 PACER

State / Territory: California

Case Type(s):

Jail Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: June 30, 2016

Closing Date: Feb. 17, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs included a deaf resident of California who had spent time at the Santa Ana City Jail and the Greater Los Angeles Agency on Deafness (GLAD).

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Immigration and Customs Enforcement, Federal

City of Santa Ana, City

Defendant Type(s):

Corrections

Law-enforcement

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

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 140,000

Order Duration: 2017 - 2017

Issues

General:

Access to public accommodations - governmental

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run