Case: Stiner v. Brookdale Senior Living

4:17-cv-03962 | U.S. District Court for the Northern District of California

Filed Date: July 13, 2017

Closed Date: Oct. 31, 2025

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Case Summary

In a first-of-its-kind settlement, disabled residents of assisted living facilities secured court-ordered renovations and policy changes to ensure wheelchair accessibility after a seven-year legal battle under the Americans with Disabilities Act. NOTE: This case was previously known as Eidler v. Brookdale Senior Living Center, but in 2021, the court granted a motion for substitution of deceased plaintiffs, leading to a change in case name. On July 13, 2017, elderly and dependent residents wit…

NOTE: This case was previously known as Eidler v. Brookdale Senior Living Center, but in 2021, the court granted a motion for substitution of deceased plaintiffs, leading to a change in case name.

On July 13, 2017, elderly and dependent residents with physical or cognitive impairments who lived in assisted living facilities, represented by private counsel, filed this putative class action lawsuit in the U.S. District Court of the Northern District of California under the Americans with Disabilities Act of 1990 (ADA) and California state law against the corporation that owned the facilities. Represented by private counsel, the plaintiffs claimed that the defendant's California facilities and services failed to meet accessibility and usability requirements for persons with disabilities. The plaintiffs also asserted that the California facilities were understaffed, which resulted in insufficient care and services. On August 25, 2017, the complaint was amended to include additional plaintiffs.

On September 28, 2017, the defendant filed motions to dismiss, strike, and compel arbitration. Among other things, the motions requested that the court (U.S. District Judge James Donato) dismiss any claims against communities operated by the defendant in which the plaintiffs had never lived. The defendant also claimed that their residential communities were not covered under Title III of the ADA, and thus the plaintiffs' claims failed as a matter of law. If not dismissed, the defendant requested language regarding the understaffing allegations be stricken as the understaffing did not suggest discrimination under the ADA. The defendant sought that class allegations be stricken due to a lack of factual allegations, and alternatively sought limitations to the class definition. Additionally, the defendant sought to compel arbitration of various plaintiffs based on arbitration agreements signed by the plaintiffs or their legal representatives.

On March 29, 2018, the plaintiffs filed a second amended complaint. The amended complaint limited the scope of the injunctions sought to a class made up of residents with mobility or visual disabilities, and to a class of residents with disabilities.

On April 16, 2018, the case was reassigned to U.S. District Judge Haywood S. Gilliam, Jr. On April 19, 2018, the defendants renewed their motion to compel arbitration and moved to dismiss/strike portions of the plaintiffs’ amended complaint. On January 25, 2019, the court denied the defendants’ motion to compel arbitration, but partially granted their motion to dismiss. 354 F.Supp.3d 1046. This order required the plaintiffs to submit a third amended complaint on February 15, 2019 (ECF 90).

On February 25, 2019, the defendants appealed Judge Gilliam's arbitration ruling to the United States Court of Appeals for the Ninth Circuit. They also moved to stay proceedings pending appeal, and moved to certify a question for interlocutory appeal on whether their facilities were considered public accommodations under the ADA. Judge Gilliam denied the motion to stay and denied certification of the question on June 5, 2019, finding that even though there was a controlling question of law, there was no substantial ground for difference of opinion and an interlocutory appeal would not materially advance the litigation. 383 F.Supp.3d 949.

On April 24, 2020, the Court of Appeals reversed in part, and affirmed in part the defendant's interlocutory appeal from February 25, 2019. The court affirmed denial of the defendant's motion to compel arbitration for two of the plaintiffs' ADA and state law claims, and reversed denial of the defendant's motion to compel arbitration for one of the plaintiffs’ state law claims. 810 Fed.Appx. 531.

For the next two years, the parties litigated discovery issues and the class certification. Defendants preemptively moved to deny class certification on April 30, 2021, which the court denied on May 3, 2021, finding it unfair to the plaintiffs while discovery was ongoing, especially as it would foreclose hypothetical amendments to the complaint that the plaintiffs had never sought. Plaintiffs moved for class certification on August 18, 2021.

Due to a large number of discovery disputes raised by the parties, on September 30, 2022, the defendants moved to stay discovery pending the class certification ruling. The court did not rule on class certification until March 30, 2023. Judge Gilliam certified the Wheelchair and Scooter Users Subclass, defined as “[a]ll persons with disabilities who use wheelchairs, scooters, or other powered mobility aids and who reside or have resided at a residential care facility for the elderly located in California and owned, operated and/or managed by Brookdale during the three years prior to the filing of the Complaint herein through the conclusion of this action, including their successors-in-interest if deceased, excluding any persons who are subject to arbitration.” The court denied all other proposed class certifications.

On April 13, 2023, plaintiffs appealed the class certification denials. However, on May 31, 2023, the Ninth Circuit denied the petition for permission to appeal the district court’s order.

Plaintiffs again moved to certify six subclasses of facility residents to pursue ADA and state discrimination claims in February 2024, and on July 22, 2024, the court granted in part and denied in part the motion. The court allowed class certification for the subclasses seeking injunctive and declaratory relief, but denied the proposed subclasses seeking statutory damages. The court also confirmed, upon defendants’ request, that the Wheelchair and Scooter User Subclass definition excluded manually powered wheelchair users. 2024 WL 3498492. Later, on November 15, 2024, the court denied a motion made by defendants to decertify the subclasses.

On September 5, 2024, parties made cross-motions for summary judgment. Before the court ruled, the parties began moving towards settlement, with the first settlement conference held on October 15, 2024. On December 13, 2024, Judge Gilliam granted defendants’ cross-motion for summary judgment as to (1) the ADA and state discrimination claims brought by subclasses at two of the Brookdale facilities and (2) plaintiffs’ state discrimination claims predicated on alleged violations of state law. The court deferred ruling on plaintiffs’ motion for summary judgment with respect to new facility access barrier claims brought by the individual Plaintiffs and one of the facilities subclass under the ADA and state anti-discrimination law. The remaining motions for summary judgment were otherwise denied. 2024 WL 5112480. One week later, on December 26, 2024, the court considered the deferred matter of the access barrier claims, and also denied summary judgment for plaintiffs as to that subclass.

Another settlement conference was held on February 4, 2025, in which parties agreed to draft a settlement agreement. On March 17, plaintiffs moved for preliminary approval of a class action settlement. The following day, Judge Gilliam vacated the trial dates and terminated all related motions as moot due to the ongoing settlement proceedings. On June 12, 2025, the parties stipulated to a plan of notice for subclass members. The next day, on June 13, 2025, Judge Gilliam granted the unopposed motion for preliminary approval. 2025 WL 1676276.

On August 7, 2025, plaintiffs moved for attorneys’ fees, costs, and expenses totaling $14,500,000. On October 24, 2025, this request, as well as the motion for final approval of the settlement, was granted by the court. The settlement contained injunctive relief, including actions to bring facilities into ADA compliance, including construction and policy changes. Brookdale also agreed to permanently allow residents to remain in wheelchairs, scooters, or other powered mobility aids when riding in Brookdale’s vehicles, instead of being required to get out of their wheelchairs despite their disabilities. The two plaintiffs who still resided at Brookdale facilities also obtained changes to Brookdale’s emergency evacuation procedures at their facilities and increased transparency in communications with current or prospective residents about staffing of facilities. The settlement also included an incentive award of $5,000 to the three facility subclass representatives. This settlement likely marked the first time an assisted living facility was required to make renovations to comply with the ADA’s access standards. 2025 WL 2998163.

On October 31, 2025, Judge Gilliam issued final judgment and an order granting injunctive relief as stipulated by the parties in the settlement agreement. The court retained continuing jurisdiction over the terms of the injunction to ensure that it was fully implemented and to resolve any disputes between the parties regarding its interpretation.

Apart from any potential injunction compliance issues that may arise in the future, this case is now closed.

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Summary Authors

Cade Boland (1/29/2018)

Dawn Lui (10/21/2018)

Christiana Johnson (3/31/2020)

Jerry Lan (12/20/2022)

Madison Krumins (4/20/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6339153/parties/stiner-v-brookdale-senior-living-inc/

Judge(s)

Attorney for Plaintiff

Attorney, Brian S.

Attorney, Kathryn Ann

Attorney, Mark T.

Attorney, Gay Crosthwait

Attorney for Defendant

Attorney, Justin Curley,

Expert/Monitor/Master/Other

Judge(s)

Beeler, Laurel (California)

Donato, James (California)

Gilliam, Haywood Stirling Jr. (California)

Attorney for Plaintiff

Attorney, Brian S.

Attorney, Kathryn Ann

Attorney, Mark T.

Attorney, Gay Crosthwait

Attorney, Benjamin Joseph

Balette, Jacques Gaston (California)

Bien-Kahn, Benjamin Joseph (California)

Bybee, Jennifer (California)

Campbell, Maya Elizabeth (California)

Close, Travis C. (California)

Colby, Sarah (California)

Grunfeld, Gay Crosthwait (California)

Hu, Christopher David (California)

Johnson, Mark Thomas (California)

Johnson [inactive], Mark T. (California)

Knapp, Kelly Jean (California)

Marks, David Theodore (California)

Mauney, Devin Whetstone (California)

Munoz, Brenda (California)

Spiegel, Adrienne (California)

Stebner, Kathryn Ann (California)

Steyer, Rachel Lauren (California)

Thornton, James G (California)

Umpierre, Brian S. (California)

Wallace, Guy B. (California)

Xu, Amy (California)

Yelin, Jenny Snay (California)

Young, Jason Neil (California)

Attorney for Defendant

Attorney, Justin Curley,

Attorney, Erica W.

Attorney, Kristina M.

Barker, Jeffrey A. (California)

Bennett, Kristen (California)

Bertino, John Alfred (California)

Curley, Justin Taylor (California)

Dombey, Maia (California)

Esquire, John Alfred

Goodin, Matthew A. (California)

Gravante, John Gravante (California)

Jacobsen, Michael David (California)

Jensen, Mallory Ann (California)

Khanal, Robindra (California)

KohSweeney, Adam P (California)

Kopczynski, Jeffrey A.N. (New York)

Launey, Kristina M. (California)

Maatman, Gerald L. (California)

McCoy, Ryan Ashley (California)

Moore, Scott P. (California)

Powers, Matthew David (California)

Riley, Jennifer A. (Illinois)

Rowland, David J (California)

Rutner, Erica W. (California)

Todd, David J (California)

Tramontano, Erin Nicole (California)

Truxler, Christopher Joseph (California)

Vick, Jordan P (California)

Wilson, Thomas Lee (California)

Other

Schultz, Aaron Thomas (California)

Zito, Thomas Philip

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:17-cv-03962	Docket [PACER] Eidler v. Brookdale Senior Living, Inc.	April 10, 2020	April 10, 2020 Docket
1 4:17-cv-03962	Complaint for Declaratory and Injunctive Relief and Damages Eidler et al. v. Brookdale Senior Living, Inc. et al.	July 13, 2017	July 13, 2017 Complaint
20 4:17-cv-03962	First Amended Complaint for Declaratory and Injunctive Relief and Damages Eidler v. Brookdale Senior Living, Inc.	Aug. 25, 2017	Aug. 25, 2017 Complaint
52 4:17-cv-03962	Second Amended Complaint Eidler v. Brookdale Senior Living, Inc.	March 29, 2018	March 29, 2018 Complaint
90 4:17-cv-03962	Third Amended Complaint for Declaratory and Injunctive Relief and Damages Eidler v. Brookdale Senior Living	Feb. 15, 2019	Feb. 15, 2019 Complaint
130 4:17-cv-03962	Order Denying Defendants' Motion to Stay and Motion to Certify for Interlocutory Appeal	June 5, 2019	June 5, 2019 Order/Opinion 383 F.Supp.3d 949
185 19-15334	Memorandum U.S. Court of Appeals for the Ninth Circuit	April 24, 2020	April 24, 2020 Order/Opinion 810 Fed.Appx. 531
594 4:17-cv-03962	Unredacted Order Granting In Part And Denying In Part Plaintiffs’ Motion For Class Certification And Granting And Denying Daubert Motions And Motions To Strike Stiner et al. v. Brookdale Senior Living, Inc. et al.	March 30, 2023	March 30, 2023 Order/Opinion 665 F.Supp.3d 1150
647 4:17-cv-03962	Fourth Amended Complaint for Declaratory and Injunctive Relief and Damages Stiner et al. v. Brookdale Senior Living Inc. et al.	Oct. 13, 2023	Oct. 13, 2023 Complaint
820 4:17-cv-03962	Order Granting In Part And Denying In Part Plaintiffs’ Motion For Certification Of Subclasses And Defendants’ Motion For Clarification Of The Court’s March 30, 2023 Order Stiner et al. v. Brookdale Senior Living, Inc. et al.	July 22, 2024	July 22, 2024 Order/Opinion 2024 WL 3498492

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6339153/stiner-v-brookdale-senior-living-inc/

Last updated April 19, 2026, 11:59 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief and Damages against Brookdale Living Communities, Inc., Brookdale Senior Living, Inc. ( Filing fee $ 400, receipt number 0971-11545459.). Filed byHellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper. (Attachments: # (1) Civil Cover Sheet)(Wallace, Guy) (Filed on 7/13/2017) 1 Civil Cover Sheet View on PACER	July 13, 2017	July 13, 2017 Clearinghouse
2	MOTION to Appoint Guardian ad Litem filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Carlson Joan, Mary-Catherine Jones, Stacia Stiner. (Attachments: # (1) Declaration of Christopher Eidler, # (2) Declaration of Joan Carlson, # (3) Declaration of Kelly Clapper)(Wallace, Guy) (Filed on 7/13/2017) 1 Declaration of Christopher Eidler View on PACER 2 Declaration of Joan Carlson View on PACER 3 Declaration of Kelly Clapper View on PACER	July 13, 2017	July 13, 2017
3	Case assigned to Hon. James Donato. 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. (vlk, COURT STAFF) (Filed on 7/14/2017)	July 14, 2017	July 14, 2017
4	Proposed Order re [2] MOTION to Appoint Guardian ad Litem by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Carlson Joan, Mary-Catherine Jones, Stacia Stiner. (Wallace, Guy) (Filed on 7/14/2017)	July 14, 2017	July 14, 2017
5	Proposed Summons. (Wallace, Guy) (Filed on 7/14/2017)	July 14, 2017	July 14, 2017
6	Proposed Summons. (Wallace, Guy) (Filed on 7/14/2017)	July 14, 2017	July 14, 2017
	~Util - Case Assigned by Intake	July 14, 2017	July 14, 2017
7	NOTICE of Appearance by Kathryn Ann Stebner (Stebner, Kathryn) (Filed on 7/17/2017)	July 17, 2017	July 17, 2017
8	Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (Attachments: # (1) Notice of Eligibility for Video Recording)(hdjS, COURT STAFF) (Filed on 7/17/2017) 1 Notice of Eligibility for Video Recording View on PACER	July 17, 2017	July 17, 2017
9	Summons Issued as to Brookdale Living Communities, Inc. (Attachments: # (1) Summons)(hdjS, COURT STAFF) (Filed on 7/17/2017) 1 Summons View on PACER	July 17, 2017	July 17, 2017
10	NOTICE of Appearance by Gay Crosthwait Grunfeld, Benjamin Bien-Kahn and Christopher D. Hu (Grunfeld, Gay) (Filed on 7/18/2017)	July 18, 2017	July 18, 2017
11	NOTICE of Appearance by Kelly Jean Knapp (Knapp, Kelly) (Filed on 7/19/2017)	July 19, 2017	July 19, 2017
12	SUMMONS Returned Executed by Hellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper. Brookdale Senior Living, Inc. served on 7/18/2017, answer due 8/8/2017. (Colby, Sarah) (Filed on 7/26/2017)	July 26, 2017	July 26, 2017
13	SUMMONS Returned Executed by Hellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper. Brookdale Living Communities, Inc. served on 7/18/2017, answer due 8/8/2017. (Colby, Sarah) (Filed on 7/26/2017)	July 26, 2017	July 26, 2017
14	NOTICE of Appearance by Matthew David Powers (Powers, Matthew) (Filed on 8/7/2017)	Aug. 7, 2017	Aug. 7, 2017
15	NOTICE of Appearance by Jeffrey A. Barker (Barker, Jeffrey) (Filed on 8/7/2017)	Aug. 7, 2017	Aug. 7, 2017
16	NOTICE of Appearance by Mallory Ann Jensen (Jensen, Mallory) (Filed on 8/7/2017)	Aug. 7, 2017	Aug. 7, 2017
17	NOTICE of Appearance by Adam P. KohSweeney (KohSweeney, Adam) (Filed on 8/7/2017)	Aug. 7, 2017	Aug. 7, 2017
18	STIPULATION re [1] Complaint, (Stipulation To Extend Time For Defendants Brookdale Senior Living, Inc. And Brookdale Senior Living Communities, Inc. To Respond to Plaintiffs' Complaint) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (KohSweeney, Adam) (Filed on 8/7/2017)	Aug. 7, 2017	Aug. 7, 2017
19	STIPULATION (Amended) to Extend Time for Defendants Brookdale Senior Living, Inc. and Brookdale Senior Living Communities, Inc. to Respond to Plaintiffs' Complaint filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Carlson Joan, Mary-Catherine Jones, Stacia Stiner. (Wallace, Guy) (Filed on 8/18/2017)	Aug. 18, 2017	Aug. 18, 2017
20	AMENDED COMPLAINT (First Amended Complaint for Declaratory and Injunctive Relief and Damages) against Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Filed byHellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper, Lawrence Quinlan, Bonita Hager, Loresia Vallette. (Wallace, Guy) (Filed on 8/25/2017)	Aug. 25, 2017	Aug. 25, 2017 Clearinghouse
21	ADMINISTRATIVE MOTION for Appointment of Loresia Vallette as Guardian Ad Litem for Lawrence Quinlan filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. Responses due by 8/29/2017. (Attachments: # (1) Declaration of Loresia Vallette, # (2) Proposed Order)(Wallace, Guy) (Filed on 8/25/2017) 1 Declaration of Loresia Vallette View on PACER 2 Proposed Order View on PACER	Aug. 25, 2017	Aug. 25, 2017
22	ORDER GRANTING MOTIONS FOR GUARDIAN AD LITEM APPOINTMENTS. Pursuant to plaintiffs' unopposed requests, Dkt. Nos. [2] & [21], the Court makes the following guardian ad litem appointments under Federal Rule of Civil Procedure 17(c)(2): Christopher William Eidler for plaintiff Patricia Eidler; Kelly L. Clapper for plaintiff Mary-Catherine Jones; Joan Carlson for plaintiff Helen Carlson; and Loresia Vallette for plaintiff Lawrence Quinlan. Signed by Judge James Donato on 9/22/2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 9/22/2017)	Sept. 22, 2017	Sept. 22, 2017
	Order AND ~Util - Terminate Motions	Sept. 22, 2017	Sept. 22, 2017
23	MOTION to Compel Arbitration filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: # (1) Declaration of Shawn Cull in Support of, # (2) Declaration of Ferdinand Augustus Buot Jr. in Support of, # (3) Declaration of Shelly Halleck in Support of, # (4) Proposed Order)(Barker, Jeffrey) (Filed on 9/28/2017) 1 Declaration of Shawn Cull in Support of View on PACER 2 Declaration of Ferdinand Augustus Buot Jr. in Support of View on PACER 3 Declaration of Shelly Halleck in Support of View on PACER 4 Proposed Order View on PACER	Sept. 28, 2017	Sept. 28, 2017
24	MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: # (1) Proposed Order)(Barker, Jeffrey) (Filed on 9/28/2017) 1 Proposed Order View on PACER	Sept. 28, 2017	Sept. 28, 2017
25	MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: # (1) Proposed Order)(Barker, Jeffrey) (Filed on 9/28/2017) 1 Proposed Order View on PACER	Sept. 28, 2017	Sept. 28, 2017
26	Request for Judicial Notice re [25] MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof), [24] MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof), [23] MOTION to Compel Arbitration filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # (1) Exhibit A to Request for Judicial Notice, # (2) Proposed Order)(Related document(s)[25], [24], [23]) (Barker, Jeffrey) (Filed on 9/28/2017) 1 Exhibit A to Request for Judicial Notice View on PACER 2 Proposed Order View on PACER	Sept. 28, 2017	Sept. 28, 2017
27	NOTICE of Appearance by Devin Whetstone Mauney (Mauney, Devin) (Filed on 10/2/2017)	Oct. 2, 2017	Oct. 2, 2017
28	STIPULATION WITH PROPOSED ORDER re [25] MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof), [24] MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof), [23] MOTION to Compel Arbitration (Stipulation and [Proposed] Order Extending Time For Plaintiffs To Respond To Defendants' Motions And Setting Additional Dates)filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc., PATRICIA EIDLER, by and through her Guardian Ad Litem, CHRISTOPHER WILLIAM EIDLER; STACIA STINER; MARY-CATHERINE JONES, by and through her Guardian Ad Litem, KELLY CLAPPER; HELEN CARLSON, by and through her Guardian Ad Litem, JOAN CARLSON; BONITA HAGER; and LAWRENCE QUINLAN, by and through his Guardian Ad Litem, LORESIA VALLETT . (Attachments: # (1) Declaration of Adam P. Kohsweeney In Support)(KohSweeney, Adam) (Filed on 10/6/2017) Modified on 1/30/2024 (anj, COURT STAFF). 1 Declaration of Adam P. Kohsweeney In Support View on PACER	Oct. 6, 2017	Oct. 6, 2017
29	Order granting [28] stipulation to extend briefing schedule and continue hearing. For defendants' [23] motion to compel, [24] motion to dismiss and [25] motion to strike: Responses due by 11/9/2017. Replies due by 12/7/2017. Motion Hearing set for 12/21/2017 at 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge James Donato on 10/12/2017. (jdlc2S, COURT STAFF) (Filed on 10/12/2017)	Oct. 12, 2017	Oct. 12, 2017
30	Declaration of Jeffrey A. Barker in Support of [23] MOTION to Compel Arbitration(Supplemental Declaration of Jeffrey A. Barker in Support of Defendants Brookdale Senior Living Inc.'s and Brookdale Senior Living Communities, Inc.'s Motion to Compel Arbitration) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Related document(s)[23]) (Barker, Jeffrey) (Filed on 10/17/2017) Modified on 1/30/2024 (anj, COURT STAFF).	Oct. 17, 2017	Oct. 17, 2017
31	OPPOSITION/RESPONSE (re [23] MOTION to Compel Arbitration ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Declaration Gay Grunfeld, # (2) Declaration Heather Fisher, # (3) Declaration Michele Lytle, # (4) Declaration Loresia Vallette, # (5) Proposed Order)(Grunfeld, Gay) (Filed on 11/9/2017) 1 Declaration Gay Grunfeld View on PACER 2 Declaration Heather Fisher View on PACER 3 Declaration Michele Lytle View on PACER 4 Declaration Loresia Vallette View on PACER 5 Proposed Order View on PACER	Nov. 9, 2017	Nov. 9, 2017
32	OPPOSITION/RESPONSE (re [25] MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Proposed Order)(Wallace, Guy) (Filed on 11/9/2017) 1 Proposed Order View on PACER	Nov. 9, 2017	Nov. 9, 2017
33	OPPOSITION/RESPONSE (re [24] MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Proposed Order)(Wallace, Guy) (Filed on 11/9/2017) 1 Proposed Order View on PACER	Nov. 9, 2017	Nov. 9, 2017
34	REPLY (re [23] MOTION to Compel Arbitration ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # (1) Supplemental Declaration of Rebecca McIntyre)(Barker, Jeffrey) (Filed on 12/7/2017) 1 Supplemental Declaration of Rebecca McIntyre View on PACER	Dec. 7, 2017	Dec. 7, 2017
35	REPLY (re [24] MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 12/7/2017)	Dec. 7, 2017	Dec. 7, 2017
36	REPLY (re [25] MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 12/7/2017)	Dec. 7, 2017	Dec. 7, 2017
37	ORDER. In light of the Court's trial schedule, the Court continues the hearing on defendants' [23] Motion to Compel Arbitration, [24] Motion to Dismiss, and [25] Motion to Strike to March 22, 2018 at 10:00 a.m. in Courtroom 11, 19th Floor, San Francisco. Signed by Judge James Donato on 12/15/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017
	Order AND Set Motion and Deadlines/Hearings	Dec. 15, 2017	Dec. 15, 2017
38	MOTION for Leave to File Second Amended Complaint filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Declaration Gay Crosthwait Grunfeld, # (2) Proposed Order)(Grunfeld, Gay) (Filed on 2/15/2018) 1 Declaration Gay Crosthwait Grunfeld View on PACER 2 Proposed Order View on PACER	Feb. 15, 2018	Feb. 15, 2018
	Set/Reset Deadlines as to 38 MOTION for Leave to File Second Amended Complaint. Motion Hearing set for 3/22/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 2/15/2018)	Feb. 15, 2018	Feb. 15, 2018
	Set Motion and Deadlines/Hearings	Feb. 20, 2018	Feb. 20, 2018
39	NOTICE of Voluntary Dismissal Without Prejudice of Claims of Plaintiff Patricia Eidler by Christopher Eidler, Patricia Eidler (Mauney, Devin) (Filed on 2/22/2018)	Feb. 22, 2018	Feb. 22, 2018
40	NOTICE of Voluntary Dismissal Without Prejudice of Claims of Plaintiff Bonita Hager by Bonita Hager (Mauney, Devin) (Filed on 2/22/2018)	Feb. 22, 2018	Feb. 22, 2018
41	NOTICE of Voluntary Dismissal Without Prejudice of Claims of Plaintiff Mary-Catherine Jones by Kelly Clapper, Mary-Catherine Jones (Mauney, Devin) (Filed on 2/22/2018)	Feb. 22, 2018	Feb. 22, 2018
42	NOTICE of Change In Counsel by Gay Crosthwait Grunfeld (Grunfeld, Gay) (Filed on 2/26/2018)	Feb. 26, 2018	Feb. 26, 2018
43	OPPOSITION/RESPONSE (re [38] MOTION for Leave to File Second Amended Complaint ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # (1) Declaration of Jeffrey A. Barker in Support of)(Barker, Jeffrey) (Filed on 3/1/2018) 1 Declaration of Jeffrey A. Barker in Support of View on PACER	March 1, 2018	March 1, 2018
44	CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to [24] MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof), [38] MOTION for Leave to File Second Amended Complaint, [23] MOTION to Compel Arbitration, [25] MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof). Motion Hearing set for 3/15/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 3/2/2018)	March 2, 2018	March 2, 2018
	Clerk's Notice Continuing Motion Hearing AND ~Util - Set Motion and Deadlines/Hearings	March 2, 2018	March 2, 2018
45	NOTICE of Change In Counsel by Kathryn Ann Stebner (Stebner, Kathryn) (Filed on 3/6/2018)	March 6, 2018	March 6, 2018
46	REPLY (re [38] MOTION for Leave to File Second Amended Complaint ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Grunfeld, Gay) (Filed on 3/8/2018)	March 8, 2018	March 8, 2018
47	Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 3/15/2018. Total Time in Court: 7 minutes. Court Reporter: Pamela Batalo. Plaintiffs' amended pleading due by 3/29/2018. (jdlc2S, COURT STAFF) (Date Filed: 3/16/2018)	March 16, 2018	March 16, 2018
48	TRANSCRIPT ORDER for proceedings held on 03/15/2018 before Judge James Donato by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc., for Court Reporter Pam Batalo. (Jensen, Mallory) (Filed on 3/16/2018)	March 16, 2018	March 16, 2018
49	Judicial Referral for Purpose of Determining Relationship of Cases re 13-3962-HSG. Signed by Judge James Donato on 3/16/2018. (jdlc2S, COURT STAFF) (Filed on 3/16/2018)	March 16, 2018	March 16, 2018 RECAP
50	Transcript of Proceedings held on 03/15/18, before Judge Donato. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. 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 [48] Transcript Order ) Redaction Request due 4/19/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/27/2018. (Related documents(s) [48]) (Batalo, Pam) (Filed on 3/29/2018)	March 29, 2018	March 29, 2018
51	TRANSCRIPT ORDER for proceedings held on 03/15/2018 before Judge James Donato by Hellen Carlson, Carlson Joan, Lawrence Quinlan, Stacia Stiner, Loresia Vallette, for Court Reporter Pam Batalo. (Grunfeld, Gay) (Filed on 3/29/2018)	March 29, 2018	March 29, 2018
52	AMENDED COMPLAINT Second Amended Complaint for Declaratory and Injunctive Relief and Damages against Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Filed byCarlson Joan, Hellen Carlson, Stacia Stiner, Lawrence Quinlan, Loresia Vallette, Heather Fisher, Patricia Lindstrom, Arthur Lindstrom, Ralph Schmidt, Edward Boris, Michele Lytle, Bernie Jestrabek-Hart. (Attachments: # (1) Exhibit A - Declaration of Patricia Lindstrom Pursuant to CCP Section 377.32)(Colby, Sarah) (Filed on 3/29/2018) 1 Exhibit A - Declaration of Patricia Lindstrom Pursuant to CCP Section 377.32 View on PACER	March 29, 2018	March 29, 2018 Clearinghouse
53	MOTION to Appoint Guardian ad Litem for Edward Boris and Ralph Schmidt filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Declaration Heather Fisher, # (2) Declaration Michele Lytle, # (3) Proposed Order)(Grunfeld, Gay) (Filed on 3/29/2018) 1 Declaration Heather Fisher View on PACER 2 Declaration Michele Lytle View on PACER 3 Proposed Order View on PACER	March 29, 2018	March 29, 2018
54	STIPULATION Extending Time to Respond to Plaintiffs' Second Amended Complaint re [52] Amended Complaint filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (KohSweeney, Adam) (Filed on 4/9/2018)	April 9, 2018	April 9, 2018
55	ORDER RELATING CASE to 13-cv-3962-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 4/16/2018. (ndrS, COURT STAFF) (Filed on 4/16/2018)	April 16, 2018	April 16, 2018
56	ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge James Donato no longer assigned to the case. Signed by Executive Committee on 4/16/2018. (jmlS, COURT STAFF) (Filed on 4/16/2018)	April 16, 2018	April 16, 2018
57	ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. Responses due by 4/23/2018. (Attachments: # (1) Declaration Gay Grunfeld in Support, # (2) Proposed Order)(Grunfeld, Gay) (Filed on 4/17/2018) 1 Declaration Gay Grunfeld in Support View on PACER 2 Proposed Order View on PACER	April 17, 2018	April 17, 2018
	Electronic filing error. Re: 57 ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference filed by Patricia Lindstrom, Edward Boris, Michele Lytle, Loresia Vallette, Hellen Carlson, Stacia Stiner, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Ralph Schmidt, Lawrence Quinlan, Heather Fisher. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:17-cv-03962-HSG. (jjbS, COURT STAFF) (Filed on 4/18/2018)	April 18, 2018	April 18, 2018
	Electronic filing error. Re:57 ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference filed by Patricia Lindstrom, Edward Boris, Michele Lytle, Loresia Vallette, Hellen Carlson, Stacia Stiner, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Ralph Schmidt, Lawrence Quinlan, Heather Fisher. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:17-cv-03962-HSG. (jjbS, COURT STAFF) (Filed on 4/18/2018)	April 18, 2018	April 18, 2018
58	ORDER SETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 4/24/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 4/19/2018)	April 19, 2018	April 19, 2018
59	Renewed MOTION to Compel Arbitration filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/3/2018. Replies due by 5/10/2018. (Attachments: # (1) Proposed Order)(Barker, Jeffrey) (Filed on 4/19/2018) Modified on 4/20/2018 (cpS, COURT STAFF). 1 Proposed Order View on PACER	April 19, 2018	April 19, 2018
60	MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/3/2018. Replies due by 5/10/2018. (Attachments: # (1) Proposed Order)(Barker, Jeffrey) (Filed on 4/19/2018) Modified on 4/20/2018 (cpS, COURT STAFF). 1 Proposed Order View on PACER	April 19, 2018	April 19, 2018
61	MOTION to Strike Portions of Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/3/2018. Replies due by 5/10/2018. (Attachments: # (1) Proposed Order)(Barker, Jeffrey) (Filed on 4/19/2018) Modified on 4/20/2018 (cpS, COURT STAFF). 1 Proposed Order View on PACER	April 19, 2018	April 19, 2018
	Per Order dkt. # 58 . Set/Reset Hearing. Further Case Management Conference set for 4/24/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor. (cpS, COURT STAFF) (Filed on 4/20/2018)	April 20, 2018	April 20, 2018
	Per Order dkt. #58. Set/Reset Hearing. Further Case Management Conference set for 4/24/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor. (cpS, COURT STAFF) (Filed on 4/20/2018)	April 20, 2018	April 20, 2018
62	OPPOSITION/RESPONSE (re [57] ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # (1) Proposed Order)(Barker, Jeffrey) (Filed on 4/23/2018) 1 Proposed Order View on PACER	April 23, 2018	April 23, 2018
63	Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 4/24/2018. FTR Time: 2:06-2:16 (Diane Skillman assigned transcriber). Total Time in Court: 10 Minutes. Plaintiff Attorney: Sarah Colby; Guy Wallace; and Gay Grunfeld. Defendant Attorney: Jeffrey Barker; Mallory Jensen; and Matt Powers. Plaintiffs' administrative motion (docket no. [57]) is submitted by the parties, and DENIED by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 4/24/2018) Modified on 5/1/2018 (napS, COURT STAFF).	April 24, 2018	April 24, 2018
64	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule on Defendants' Motions filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette, Brookdale Senior Living, Inc., and Brookdale Living Communities, Inc. (Wallace, Guy) (Filed on 4/27/2018) Modified on 4/30/2018 (jjbS, COURT STAFF).	April 27, 2018	April 27, 2018
65	TRANSCRIPT ORDER for proceedings held on 4/24/2018 before Judge Haywood S Gilliam, Jr by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc., for Court Reporter FTR - Oakland. (Jensen, Mallory) (Filed on 4/27/2018)	April 27, 2018	April 27, 2018
66	ORDER by Judge Haywood S. Gilliam, Jr. Granting [64] Stipulation Regarding Briefing Schedule on Defendants' Motions. (ndrS, COURT STAFF) (Filed on 4/30/2018)	April 30, 2018	April 30, 2018 RECAP
	Reset Deadlines as to 59 MOTION to Compel Arbitration; 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint; and 61 MOTION to Strike Portions of Second Amended Complaint Pursuant to Docket No. 66: Responses due by 5/17/2018 and Replies due by 6/7/2018. (ndrS, COURT STAFF) (Filed on 4/30/2018)	April 30, 2018	April 30, 2018
	Reset Deadlines as to 59 MOTION to Compel Arbitration; 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint; and 61 MOTION to Strike Portions of Second Amended Complaint Pursuant to Docket No. 66 : Responses due by 5/17/2018 and Replies due by 6/7/2018. (ndrS, COURT STAFF) (Filed on 4/30/2018)	April 30, 2018	April 30, 2018
	REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected as 4:17-cv-03962-HSG and that the Oakland Division is listed as court location. (jjbS, COURT STAFF) (Filed on 4/30/2018)	April 30, 2018	April 30, 2018
67	ADMINISTRATIVE MOTION to Shorten Time for Hearing re [61] MOTION to Strike Portions of Second Amended Complaint, [59] MOTION to Compel Arbitration, [60] MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. Responses due by 5/11/2018. (Attachments: # (1) Declaration Gay Crosthwait Grunfeld in Support, # (2) Proposed Order)(Grunfeld, Gay) (Filed on 5/7/2018) 1 Declaration Gay Crosthwait Grunfeld in Support View on PACER 2 Proposed Order View on PACER	May 7, 2018	May 7, 2018
68	ORDER by Judge Haywood S. Gilliam, Jr. Granting [67] Administrative Motion to Shorten Time for Hearing re [61] MOTION to Strike Portions of Second Amended Complaint, [59] MOTION to Compel Arbitration, [60] MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint.(ndrS, COURT STAFF) (Filed on 5/8/2018)	May 8, 2018	May 8, 2018 RECAP
	Reset Hearings as to Docket Nos. 59, 60 and 61 Pursuant to Docket No. 68: Motion Hearing set for 7/12/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/8/2018)	May 8, 2018	May 8, 2018
	Reset Hearings as to Docket Nos. 59, 60 and 61 Pursuant to Docket No. 68 : Motion Hearing set for 7/12/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/8/2018)	May 8, 2018	May 8, 2018
69	OPPOSITION/RESPONSE (re [59] MOTION to Compel Arbitration ) filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Declaration Joan Carlson, # (2) Declaration Loresia Vallette, # (3) Appendix)(Grunfeld, Gay) (Filed on 5/17/2018) 1 Declaration Joan Carlson View on PACER 2 Declaration Loresia Vallette View on PACER 3 Appendix View on PACER	May 17, 2018	May 17, 2018
70	OPPOSITION/RESPONSE (re [60] MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint ) filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Colby, Sarah) (Filed on 5/17/2018)	May 17, 2018	May 17, 2018 RECAP
71	OPPOSITION/RESPONSE (re [61] MOTION to Strike Portions of Second Amended Complaint ) filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Wallace, Guy) (Filed on 5/17/2018)	May 17, 2018	May 17, 2018
72	Request for Judicial Notice filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Attachments: # (1) Proposed Order)(Wallace, Guy) (Filed on 5/17/2018) 1 Proposed Order View on PACER	May 17, 2018	May 17, 2018
	Electronic filing error. Re: 72 Request for Judicial Notice, filed by Patricia Lindstrom, Edward Boris, Michele Lytle, Loresia Vallette, Hellen Carlson, Stacia Stiner, B ernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Ralph Schmidt, Lawrence Quinlan, Heather Fisher. REMINDER TO COUNSEL: Please be sure that the Judge's name is reflected as Haywood S. Gilliam, Jr. on the signature line of all future proposed orders submitted. (jjbS, COURT STAFF) (Filed on 5/18/2018)	May 18, 2018	May 18, 2018
	Electronic filing error. Re:72 Request for Judicial Notice, filed by Patricia Lindstrom, Edward Boris, Michele Lytle, Loresia Vallette, Hellen Carlson, Stacia Stiner, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Ralph Schmidt, Lawrence Quinlan, Heather Fisher. REMINDER TO COUNSEL: Please be sure that the Judge's name is reflected as Haywood S. Gilliam, Jr. on the signature line of all future proposed orders submitted. (jjbS, COURT STAFF) (Filed on 5/18/2018)	May 18, 2018	May 18, 2018
73	Transcript of Proceedings held on April 24, 2018, before Judge Haywood S. Gilliam Jr.. Transcriber Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@cand.uscourts.gov. 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 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 [65] Transcript Order ) Release of Transcript Restriction set for 8/29/2018. (Related documents(s) [65]) (Skillman, Diane) (Filed on 5/31/2018)	May 31, 2018	May 31, 2018
74	TRANSCRIPT ORDER for proceedings held on 04/24/2018 before Judge Haywood S Gilliam, Jr by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette, for Court Reporter Diane Skillman. (Grunfeld, Gay) (Filed on 6/6/2018)	June 6, 2018	June 6, 2018
75	REPLY in Support of Renewed [59] MOTION to Compel Arbitration filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc. (Barker, Jeffrey) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF).	June 7, 2018	June 7, 2018
76	REPLY in Support of [60] MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF).	June 7, 2018	June 7, 2018
77	REPLY in Support of [61] MOTION to Strike Portions of Second Amended Complaint filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF).	June 7, 2018	June 7, 2018
78	Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 7/12/2018. Total Time in Court: 45 Minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Sarah Colby; Guy Grunfeld; Devin Mauney. Defendant Attorney: Mallory Jensen; Jeffrey Barker. Defendants' motions to compel, motion to dismiss and motion to strike (docket nos. [60]-[61]) are argued and submitted by the parties, and taken under submission by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/12/2018)	July 12, 2018	July 12, 2018
79	NOTICE of Substitution of Counsel by Jenny Snay Yelin (Yelin, Jenny) (Filed on 8/7/2018)	Aug. 7, 2018	Aug. 7, 2018
80	NOTICE of Change of Address by Benjamin Joseph Bien-Kahn (Bien-Kahn, Benjamin) (Filed on 10/15/2018)	Oct. 15, 2018	Oct. 15, 2018
81	** * DISREGARD THIS ENTRY. DOCKETED IN INCORRECT CASE NUMBER*** Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Telephone Conference held on 11/29/2018.Total Time in Court: 13 minutes (for both related cases). Court Reporter: NOT REPORTED. (fs, COURT STAFF) (Date Filed: 11/29/2018) Modified on 11/29/2018 (fs, COURT STAFF).	Nov. 29, 2018	Nov. 29, 2018
82	NOTICE of Appearance by Travis C Close (Close, Travis) (Filed on 1/16/2019)	Jan. 16, 2019	Jan. 16, 2019
83	ORDER by Judge Haywood S. Gilliam, Jr. Granting [53] Motion to Appoint Guardian ad Litem. (ndrS, COURT STAFF) (Filed on 1/17/2019)	Jan. 17, 2019	Jan. 17, 2019 RECAP

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Case Details

State / Territory:

California

Case Type(s):

Nursing Home Conditions

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 2017

Closing Date: Oct. 31, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of the defendant facilities with disabilities who use mobility aids.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Private Entity/Person

Brookdale Senior Living, Inc.

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Other Dockets:

Northern District of California 4:17-cv-03962

U.S. Court of Appeals for the Ninth Circuit 19-15334

U.S. Court of Appeals for the Ninth Circuit 23-80030

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Reasonable Accommodation

Issues

General/Misc.:

Bathing and hygiene

Bathrooms

Failure to supervise

Food service / nutrition / hydration

Housing

Neglect by staff

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Mental impairment

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Stiner v. Brookdale Senior Living, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/16271/ (last updated 4/20/2026).