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Case: Cole v. County of Santa Clara

5:16-cv-06594 | U.S. District Court for the Northern District of California

Filed Date: Nov. 14, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 14, 2016, five prisoners in the Santa Clara County Jail system with mobility disabilities filed this class action complaint in the U.S. District Court for the Northern District of California. The plaintiffs sued the County of Santa Clara under the American with Disabilities Act, the Rehabilitation Act, and state law. The plaintiffs, represented by Disability Rights Advocates and Rosen Bien Galvan & Grunfeld, sought declaratory relief that the County had violated their rights and inj…

On November 14, 2016, five prisoners in the Santa Clara County Jail system with mobility disabilities filed this class action complaint in the U.S. District Court for the Northern District of California. The plaintiffs sued the County of Santa Clara under the American with Disabilities Act, the Rehabilitation Act, and state law. The plaintiffs, represented by Disability Rights Advocates and Rosen Bien Galvan & Grunfeld, sought declaratory relief that the County had violated their rights and injunctive relief prohibiting further violations. The plaintiffs claimed that the Santa Clara County Jail system did not provide adequate facilities for people with mobility disabilities. Specifically, the plaintiffs asserted that they were kept in restrictive medical units which prevented them from using jail facilities and common areas, were denied access to educational, religious, and rehabilitative programming due to their disabilities, were often denied access to devices intended to increase their mobility (including wheelchairs and canes), and did not have access to a functional grievance system to report any of these circumstances.

On April 13, 2017, the case was referred to mediation. From August 17, 2017 to May 31, 2018, Magistrate Judge Nathaniel M. Cousins presided over nine settlement conferences.

The parties' joint motion for class certification was approved by Judge Lucy H. Koh on February 6, 2018. The class of plaintiffs was defined as “[a]ll individuals with mobility disabilities who are now, or will be in the future, incarcerated in the Santa Clara County Jails, which consist of three facilities: (1) the Santa Clara County Main Jail Complex (“Main Jail”), consisting of Main Jail North and Main Jail South, in San Jose, California; (2) facilities for male inmates at the Elmwood Correctional Complex in Milpitas, California (“Elmwood”); and (3) the Elmwood Complex Women’s Facility in Milpitas, California.”

Following class certification, the parties jointly moved for a preliminary class settlement on November 13, 2018, which was approved by Judge Koh. The parties jointly moved for approval of a final settlement on January 14, 2019, and the court granted approval on March 21, 2019. The settlement consisted of a consent decree that required Santa Clara County to physically and administratively improve jail system so that the jails would be accessible to inmates with mobility disabilities. The consent decree required defendants to establish an electronic ADA grievance system, as well as a full-time ADA Coordinator to oversee all future issues related to inmates with mobility disabilities. Moreover, the decree provided for a fixed award of $3.2 million for plaintiff attorneys' fees.

The consent decree further directed Santa Clara County to incorporate accessibility features into a new jail, then slated for completion in 2023. The decree lasts until one year after the new jail goes into use.

In October 2020, amid public protests against police brutality, Santa Clara County tabled its plans for the new jail. County officials alternatively proposed creation of a mental health facility. However, a January 2021 report about inhumane prison conditions reportedly led county officials to resume plans for the new jail. See https://sanjosespotlight.com/santa-clara-county-wobbles-on-replacing-new-jail-with-mental-health-center.

As of November 2021, there has been no further activity on the docket. Because the new jail is presumably still under construction, this case is ongoing.

Summary Authors

Brian Remlinger (4/1/2019)

Justin Hill (10/2/2019)

Achutha Raman (11/7/2021)

Related Cases

Chavez v. County of Santa Clara, Northern District of California (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6674978/parties/david-cole-v-county-of-santa-clara/


Judge(s)

Cousins, Nathanael M. (California)

Koh, Lucy Haeran (California)

Attorneys(s) for Plaintiff

Bichell, Rosa L. (California)

Ells, Lisa Adrienne (California)

Grunfeld, Gay Crosthwait (California)

Iorio, Michelle B (California)

Janssen, Kara J. (California)

Riess, Melissa (California)

Shinn-Krantz, Marc J (California)

Smith, Mary-Lee Kimber (California)

Judge(s)

Cousins, Nathanael M. (California)

Koh, Lucy Haeran (California)

Attorneys(s) for Plaintiff

Bichell, Rosa L. (California)

Ells, Lisa Adrienne (California)

Grunfeld, Gay Crosthwait (California)

Iorio, Michelle B (California)

Janssen, Kara J. (California)

Riess, Melissa (California)

Shinn-Krantz, Marc J (California)

Smith, Mary-Lee Kimber (California)

Attorneys(s) for Defendant

Fedman, Emily L (California)

Harris, Aryn (California)

Press, Douglas (California)

Williams, James Robyzad (California)

Documents in the Clearinghouse

Document

5:16-cv-06594

Docket

Oct. 8, 2021

Oct. 8, 2021

Docket
1

5:16-cv-06594

Complaint for Injunctive and Declaratory

Nov. 14, 2016

Nov. 14, 2016

Complaint
38

5:16-cv-06594

Order Granting Joint Motion for Class Certification

Feb. 6, 2018

Feb. 6, 2018

Order/Opinion

Final Consent Decree

No Court

Nov. 13, 2018

Nov. 13, 2018

Settlement Agreement
73

5:16-cv-06594

Order Granting Motion for Preliminary Approval of Class Settlement and Notice to the Class

Dec. 7, 2018

Dec. 7, 2018

Order/Opinion
72

5:16-cv-06594

CLASS ACTION [PROPOSED] CONSENT DECREE

Jan. 14, 2019

Jan. 14, 2019

Settlement Agreement
86

5:16-cv-06594

Order Granting Final Approval of Class Settlement and Motion for Attorneys' Fees

March 21, 2019

March 21, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6674978/david-cole-v-county-of-santa-clara/

Last updated Nov. 21, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-10929485.). Filed byErasmo Flores, Jr, Leroy Benjamin, David Cole, Robert Phillips, Brandon Williams. (Attachments: # 1 Civil Cover Sheet)(Smith, Mary-Lee) (Filed on 11/14/2016) (Entered: 11/14/2016)

1 Civil Cover Sheet

View on PACER

Nov. 14, 2016

Nov. 14, 2016

RECAP
2

Proposed Summons. (Smith, Mary-Lee) (Filed on 11/14/2016) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
3

Case assigned to Magistrate Judge Howard R. Lloyd. 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. Consent/Declination due by 11/28/2016. (bwS, COURT STAFF) (Filed on 11/14/2016) (Entered: 11/15/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
7

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (cv, COURT STAFF) (Filed on 11/14/2016) (Entered: 11/25/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
4

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Cole.. (Janssen, Kara) (Filed on 11/18/2016) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
5

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. (pmc, COURT STAFF) (Filed on 11/18/2016) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
6

ORDER REASSIGNING CASE. Case reassigned to Hon. Lucy H. Koh for all further proceedings. 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. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to the case. Reassignment Order signed by Executive Committee on 11/21/2016. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 11/21/2016) (Entered: 11/21/2016)

1 Notice of Eligibility for Video Recording

View on PACER

Nov. 21, 2016

Nov. 21, 2016

PACER
8

Summons Issued as to County of Santa Clara, County of Santa Clara Department of Correction, County of Santa Clara Office of the Sheriff. (cv, COURT STAFF) (Filed on 11/25/2016) (Entered: 11/25/2016)

Nov. 25, 2016

Nov. 25, 2016

PACER
9

SUMMONS Returned Executed by David Cole. All Defendants. (Janssen, Kara) (Filed on 12/2/2016) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
10

Certificate of Interested Entities by David Cole (Janssen, Kara) (Filed on 12/5/2016) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
11

STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT filed by County of Santa Clara. (Harris, Aryn) (Filed on 12/21/2016) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
12

STIPULATION WITH PROPOSED ORDER FOR DISCLOSURE OF CONFIDENTIAL INMATE MEDICAL RECORDS SUBJECT TO PROTECTIVE ORDER filed by County of Santa Clara. (Harris, Aryn) (Filed on 12/21/2016) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
13

***POSTED IN ERROR*** STIPULATION - STIPULATED PROTECTIVE ORDER filed by County of Santa Clara. (Harris, Aryn) (Filed on 12/21/2016) Modified text on 12/28/2016 (dhmS, COURT STAFF). SEE DOCUMENT NUMBER 14 FOR CORRECTION. Modified on 12/29/2016 (srnS, COURT STAFF). (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
14

STIPULATION WITH PROPOSED ORDER CORRECTION OF DOCKET # 13 filed by County of Santa Clara. (Harris, Aryn) (Filed on 12/28/2016) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
15

STIPULATION AND ORDER re 12 for Disclosure of Confidential Inmate Medical Records Subject to Protective Order. Signed by Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 1/5/2017) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
16

STIPULATED PROTECTIVE ORDER re 14 (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd. (hrllc2, COURT STAFF) (Filed on 1/5/2017) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
17

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Susan van Keulen for all further discovery proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Executive Committee on 1/20/2017. (ofr, COURT STAFF) (Filed on 1/20/2017) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
18

ANSWER to Complaint with JURY DEMAND byCounty of Santa Clara. (Harris, Aryn) (Filed on 1/23/2017) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
19

ORDER OF RECUSAL. Signed by Magistrate Judge Susan van Keulen on 2/10/2017. (svklc1, COURT STAFF) (Filed on 2/10/2017) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
20

CLERK'S NOTICE: Pursuant to Order of Recusal Magistrate Judge Nathanael M. Cousins randomly assigned to case as referral judge. Magistrate Judge Susan Van Keulen no longer assigned to case. (Please note this is a text-only entry generated by the court. There is no document associated with this entry.) (bwS, COURT STAFF) (Filed on 2/13/2017) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
21

Notice of Need for Mediation by Mary-Lee Kimber Smith (Smith, Mary-Lee) (Filed on 4/10/2017) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER

Case Referred to Mediation

April 13, 2017

April 13, 2017

PACER

CASE REFERRED to Mediation 21 . The deadline to complete the mediation is July 10, 2017. (af, COURT STAFF) (Filed on 4/13/2017)

April 13, 2017

April 13, 2017

PACER
22

STIPULATION WITH PROPOSED ORDER Regarding Assignment to Magistrate for Settlement Purposes filed by David Cole. (Janssen, Kara) (Filed on 4/24/2017) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

RECAP
23

ORDER by Judge Lucy H. Koh Granting 22 Stipulation. (lhklc1, COURT STAFF) (Filed on 4/25/2017) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
24

NOTICE AND ORDER SETTING Settlement Conference for 8/17/2017 09:30 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 5/4/2017. (Attachments: # 1 Standing Order)(lmh, COURT STAFF) (Filed on 5/4/2017) (Entered: 05/04/2017)

1 Standing Order

View on PACER

May 4, 2017

May 4, 2017

PACER
25

REMARK: The Court will be visiting Santa Clara County main jail and Elmwood on June 23, 9:00 AM; If counsel for the parties (limited to two attoneys per side) would like to join for the portion of tour of facilities relevant to the trial in this case, they must alert Courtroom Deputy via email at lili_harrell@cand.uscourts.gov by noon June 20; Counsel must also alert Litigation Coordinator at SVSP and return forms by that same deadline. (lmh, COURT STAFF) (Filed on 6/16/2017). (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
26

ORDER GRANTING REQUEST FOR NAMED PLAINTIFFS TO BE EXCUSED FROM PERSONALLY APPEARING AT SETTLEMENT CONFERENCE. Signed by Judge Nathanael Cousins on 8/4/2017. (lmh, COURT STAFF) (Filed on 8/4/2017) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
27

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Settlement Conference held on 8/17/2017: discussions continue; Further Settlement Conference set for 9/25/2017 09:30 AM in Courtroom 7, 4th Floor; Parties to jointly submit proposed agenda by 9/22 noon. Plaintiffs' Attorneys: Mary-Lee Kimber Smith, Kara Janssen, Lisa Ellis. Defendants' Attorney: Aryn Harris. (FTR Time Not reported.) This is a text-only Minute Entry. (lmh, COURT STAFF) (Date Filed: 8/17/2017) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
28

CLERK'S NOTICE RESETTING Settlement Conference to 10:30 AM on 9/25/2017 before Magistrate Judge Cousins in Courtroom 7, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
29

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Settlement Conference held on 9/25/2017; discussion continue; Further Conference set for 11/6/2017 10:00 AM, with agenda to be submitted by 11/3. Plaintiffs' Attorneys: Mary-Lee Kimber Smith, Kara Janssen, Lisa Ellis. Defendants' Attorney: Aryn Harris. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 9/25/2017) (Entered: 09/26/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
30

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Settlement Conference held on 11/6/2017: discussions continue; Further Settlement Conference set for 11/27/2017 10:00 AM in Courtroom 7, 4th Floor. Plaintiffs' Attorneys: Mary-Lee Kimber Smith, Kara Janssen, Lisa Ellis. Defendants' Attorney: Aryn Harris. FTR Time: Not recorded. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 11/6/2017) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
31

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Settlement Conference held on 11/27/2017. Discussions continue. Further Settlement Conference set for 12/11/2017 at 10:00 AM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael Cousins. Court Reporter: Not Recorded. For Plaintiff(s): Kara Janssen. Also present: Lisa Ells. For Defendant(s): Aryn Harris. Also present: Troy Beliveau. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Date Filed: 11/27/2017) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
32

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Settlement Conference held on 12/11/2017: Discussions continue; Further conference planned for 1/30/2018 10:00 AM; Joint settlement status report and agenda due to be submitted (not filed) 1/26. Plaintiffs' Attorneys: Kara Janssen, Lisa Ells, Michelle Lorio. Defendants' Attorney: Aryn Harris. (FTR Time: Not recorded.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 12/11/2017). (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
33

CLERK'S NOTICE RESCHEDULING Further Settlement Conference for 1/26/2018 10:00 AM. Parties shall check in at Courtroom 7, 4th Floor, San Jose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/4/2018) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
34

ADMINISTRATIVE MOTION Relief From General Order 56 to file Parties Joint Motion for Class Certification filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. Responses due by 1/29/2018. (Janssen, Kara) (Filed on 1/23/2018) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

RECAP
35

Joint MOTION to Certify Class filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. Motion Hearing set for 5/10/2018 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 2/6/2018. Replies due by 2/13/2018. (Attachments: # 1 Joint Stipulation of Facts, # 2 Declaration of Lisa Ells, # 3 Proposed Order)(Janssen, Kara) (Filed on 1/23/2018) (Entered: 01/23/2018)

1 Joint Stipulation of Facts

View on PACER

2 Declaration of Lisa Ells

View on PACER

3 Proposed Order

View on PACER

Jan. 23, 2018

Jan. 23, 2018

RECAP
36

Minute Entry for proceedings held before Judge Nathanael M. Cousins.Further Settlement Conference held on 1/26/2018: Discussions continue; Further Conference set for 3/5/2018 10:00 AM in San Jose, Courtroom 7, 4th Floor. Plaintiffs' Attorneys: Kara Janssen, Lisa Ells. Defendants' Attorney: Aryn Harris. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 1/26/2018) (Entered: 01/29/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
37

Order by Judge Lucy H. Koh Granting 34 Administrative Motion for Relief from GO 56 to File Joint Motion for Class Certification.(lhklc1, COURT STAFF) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
38

Order by Judge Lucy H. Koh Granting 35 Motion to Certify Class.(lhklc1, COURT STAFF) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

RECAP
39

**CLERK'S NOTICE SETTING INTIAL CASE MANAGEMENT CONFERENCE** Pursuant to this notice, an Initial CMC is set for 4/18/2018 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
40

NOTICE of Appearance by Marc J Shinn-Krantz (Shinn-Krantz, Marc) (Filed on 2/9/2018) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
41

CLERK'S NOTICE CONTINUING Further Settlement Conference set for 3/29/2018 10:00 AM before Judge Cousins in San Jose, Courtroom 7, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/28/2018) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
42

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Settlement Conference held on 3/29/2018: Discussions continue; Further Conference scheduled for 4/27/2018 10:00 AM in San Jose, Courtroom 7, 4th Floor. Plaintiffs' Attorneys: Lisa Ells, Michele Lorio, Marc Shinn-Krantz. Defendants' Attorney: Aryn Harris. FTR Time: Not recorded. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
43

CASE MANAGEMENT STATEMENT Joint filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Shinn-Krantz, Marc) (Filed on 4/10/2018) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
44

**CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE** Pursuant to this notice, the 4/18/2018 Initial CMC is HEREBY CONTINUED to 6/20/2018 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 4/16/2018) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
45

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Settlement Conference held on 4/27/2018: Discussions continue; Further Conference set for 5/7/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. Plaintiffs' Attorneys: Lisa Ells, Michele Lorio, Marc Shinn-Krantz. Defendants' Attorney: Aryn Harris. (FTR Time: Not recorded.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 4/27/2018) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
46

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Settlement Conference held on 5/7/2018: Discussion continue; Further Settlement Conference set for 5/31/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. Plaintiffs' Attorneys: Lisa Ells, Michele Lorio, Marc Shinn-Krantz. Defendants' Attorney: Aryn Harris. (FTR Time: Not recorded.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 5/7/2018) (Entered: 05/08/2018)

May 7, 2018

May 7, 2018

PACER
47

NOTICE of Substitution of Counsel by Michelle Brooke Iorio (Iorio, Michelle) (Filed on 5/14/2018) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
48

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Settlement Conference held on 5/31/2018: Further Settlement Conference set for 6/12/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. Plaintiffs' Attorneys: Lisa Ells, Michele Lorio, Marc Shinn-Krantz. Defendants' Attorney: Aryn Harris. (FTR: Not recorded) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 5/31/2018) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
49

NOTICE of Appearance by Douglas Michael Press (Press, Douglas) (Filed on 6/1/2018) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
50

CASE MANAGEMENT STATEMENT Joint filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Shinn-Krantz, Marc) (Filed on 6/13/2018) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
51

NOTICE of Appearance by Emily L Fedman (Fedman, Emily) (Filed on 6/20/2018) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
52

Minute Entry for proceedings held before Hon. Lucy H. Koh: Initial Case Management Conference held on 6/20/2018 from 2:41 - 2:58 PM (17 minutes). A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. A further Case Management Conference is set for 7/18/2018 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. 7-days prior to the next CMC date, the parties shall file an updated Joint Case Management Statement, pursuant to Civil Local Rules 16-10(d). Court Reporter: Lee-Anne Shortridge. Courtroom Deputy: Irene Mason. For Plaintiff(s): Kara Jane Janssen and Michelle Brooke Iorio. For Defendant(s): Douglas Michael Press. For transcript requests please see: http://www.cand.uscourts.gov/transcripts#ORDERING (This is a text only Minute Entry; there is no document associated with this entry) (iym, COURT STAFF) (Date Filed: 6/20/2018) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
53

CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 6/20/18. (lhklc1, COURT STAFF) (Filed on 6/20/2018) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER

Set/Reset Hearing pursuant to ECF No. 53 . Further Case Management Conference set for 7/18/2018 02:00 PM in San Jose, Courtroom 8, 4th Floor. (iym, COURT STAFF) (Filed on 6/20/2018)

June 20, 2018

June 20, 2018

PACER

Set/Reset Hearings

June 20, 2018

June 20, 2018

PACER

Case Referred to Private ADR

June 20, 2018

June 20, 2018

PACER

CASE REFERRED to Private Mediation for the attorney's fees issue with a deadline of 8/15/18. (iym, COURT STAFF) (Filed on 6/20/2018)

June 20, 2018

June 20, 2018

PACER
54

STATUS REPORT Joint Mediation Statement by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Janssen, Kara) (Filed on 6/27/2018) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
55

JOINT CASE MANAGEMENT STATEMENT filed by County of Santa Clara. (Press, Douglas) (Filed on 7/11/2018) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
56

STATUS REPORT by County of Santa Clara. (Press, Douglas) (Filed on 7/17/2018) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
57

**CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE** Pursuant to this notice, the 7/18/2018 Further CMC is HEREBY CONTINUED to 9/26/2018 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 7/17/2018) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
58

STATUS REPORT Joint Mediation Status Report by County of Santa Clara. (Fedman, Emily) (Filed on 8/22/2018) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
59

ORDER GRANTING REQUEST TO CONTINUE DEADLINES 58 . Signed by Judge Lucy H. Koh on 8/23/18. (lhklc1, COURT STAFF) (Filed on 8/23/2018) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
60

STATUS REPORT Joint Status Report by County of Santa Clara. (Fedman, Emily) (Filed on 9/10/2018) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
61

CASE MANAGEMENT STATEMENT Joint Statement filed by County of Santa Clara. (Fedman, Emily) (Filed on 9/19/2018) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
62

**CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE** Pursuant to this notice, the 9/26/2018 Further CMC is HEREBY CONTINUED to 10/31/2018 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER
63

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Janssen, Kara) (Filed on 10/22/2018) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
64

ORDER GRANTING REQUEST TO CONTINUE DEADLINES AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 10/29/18. (lhklc1, COURT STAFF) (Filed on 10/29/2018) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Set/Reset Hearing pursuant to ECF No. 64 . Further Case Management Conference set for 11/21/2018 02:00 PM in San Jose, Courtroom 8, 4th Floor. (iym, COURT STAFF) (Filed on 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER

Set/Reset Hearings

Oct. 29, 2018

Oct. 29, 2018

PACER
65

NOTICE of Change of Address by Kara Jane Janssen Notice of Change of Address (Janssen, Kara) (Filed on 11/2/2018) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
66

Joint MOTION for Settlement for Preliminary Approval of Class Settlement filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. Motion Hearing set for 12/6/2018 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 11/27/2018. Replies due by 12/4/2018. (Attachments: # 1 Declaration Declaration of Lisa Ells in Support of Preliminary Approval, # 2 Proposed Order Granting Motion for Preliminary Approval of Class Settlement and Notice to the Class)(Ells, Lisa) (Filed on 11/13/2018) (Entered: 11/13/2018)

1 Declaration Declaration of Lisa Ells in Support of Preliminary Approval

View on PACER

2 Proposed Order Granting Motion for Preliminary Approval of Class Settlement and

View on PACER

Nov. 13, 2018

Nov. 13, 2018

RECAP
67

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Janssen, Kara) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
68

**CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE** Pursuant to this notice, the 11/21/2018 Further Case Management Conference is HEREBY CONTINUED to 12/6/2018 at 1:30 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 11/15/2018) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

PACER
69

CASE MANAGEMENT STATEMENT filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Janssen, Kara) (Filed on 11/29/2018) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

RECAP
70

Minute Entry for proceedings held before Hon. Lucy H. Koh: Motion for Settlement 66 held on 12/6/2018 from 1:42 - 2:18 PM (36 minutes). A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. A Final Approval Hearing is set for March 21, 2019 at 1:30 PM in Courtroom 8, 4th Floor, San Jose. Court Reporter: Lee-Anne Shortridge. Courtroom Deputy: Irene Mason. For Plaintiff(s): Lisa Adrienne Ells and Michelle Brooke Iorio. For Defendant(s): Aryn Paige Harris and Douglas Michael Press. For transcript requests please see: http://www.cand.uscourts.gov/transcripts#ORDERING (This is a text only Minute Entry; there is no document associated with this entry) (iymS, COURT STAFF) (Date Filed: 12/6/2018) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
71

Declaration of ARYN PAIGE HARRIS IN SUPPORT OF DEFENDANT COUNTY OF SANTA CLARA'S CLASS ACTION FAIRNESS ACT (CAFA) NOTICE filed byCounty of Santa Clara. (Harris, Aryn) (Filed on 12/6/2018) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

RECAP
72

Declaration of Lisa Ells in Support of 66 Joint MOTION for Settlement for Preliminary Approval of Class Settlement filed byLeroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Related document(s) 66 ) (Ells, Lisa) (Filed on 12/7/2018) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

RECAP
73

Order by Judge Lucy H. Koh Granting 66 Motion for Preliminary Approval of Class Settlement and Notice to the Class.(lhklc1, COURT STAFF) (Filed on 12/7/2018) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

RECAP

***Setting hearing: Final Approval Hearing set for 3/21/2019 at 1:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Pursuant to ECF No. 73 . (ofr, COURT STAFF) (Filed on 12/7/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER

Set/Reset Hearings

Dec. 7, 2018

Dec. 7, 2018

PACER
74

Joint MOTION for Settlement Final Approval of Class Settlement filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. Motion Hearing set for 3/21/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 1/28/2019. Replies due by 3/14/2019. (Attachments: # 1 Declaration of Lisa Ells, # 2 Proposed Order)(Ells, Lisa) (Filed on 1/14/2019) (Entered: 01/14/2019)

1 Declaration of Lisa Ells

View on PACER

2 Proposed Order

View on PACER

Jan. 14, 2019

Jan. 14, 2019

RECAP
75

MOTION for Attorney Fees filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. Motion Hearing set for 3/21/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 1/28/2019. Replies due by 3/14/2019. (Attachments: # 1 Declaration of Lisa Ells, # 2 Declaration of Stuart Seaborn, # 3 Declaration of Richard Pearl, # 4 Proposed Order)(Ells, Lisa) (Filed on 1/14/2019) (Entered: 01/14/2019)

1 Declaration of Lisa Ells

View on RECAP

2 Declaration of Stuart Seaborn

View on PACER

3 Declaration of Richard Pearl

View on PACER

4 Proposed Order

View on PACER

Jan. 14, 2019

Jan. 14, 2019

RECAP
76

Statement re 73 Order on Motion for Settlement - Joint Update on Court's December 7, 2018 Order Re Class Action Notice by County of Santa Clara. (Harris, Aryn) (Filed on 1/29/2019) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
77

Declaration of Captain Amy Le Regarding Class Action Settlement Notice by County of Santa Clara. (Harris, Aryn) (Filed on 1/29/2019) Modified on 1/30/2019 incorrect event selected when posting document (dhmS, COURT STAFF). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
78

Declaration of Lieutenant Mark Padget Regarding Class Action Settlement Notice by County of Santa Clara. (Harris, Aryn) (Filed on 1/29/2019) Modified on 1/30/2019 incorrect event selected when posting document (dhmS, COURT STAFF). (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
79

ORDER EXTENDING OBJECTION DEADLINE. Accordingly, the Court CONTINUES the deadline to file objections from February 28, 2019 to March 7, 2019. The parties have until February 8, 2019 to update all postings of the revised Notice to reflect this new March 7, 2019 objection deadline. Signed by Judge Lucy H. Koh on 1/30/19. (lhklc1, COURT STAFF) (Filed on 1/30/2019) Modified on 1/31/2019 (ecgS, COURT STAFF). (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

RECAP
80

REPLY (re 75 MOTION for Attorney Fees, 74 Joint MOTION for Settlement Final Approval of Class Settlement ) filed byLeroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Attachments: # 1 Declaration)(Iorio, Michelle) (Filed on 3/14/2019) (Entered: 03/14/2019)

1 Declaration

View on PACER

March 14, 2019

March 14, 2019

PACER
81

ORDER TO FILE SUPPLEMENTAL INFORMATION IN SUPPORT OF MOTION FOR ATTORNEYS FEES. Signed by Judge Lucy H. Koh on 3/18/19. (lhklc1S, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
82

ORDER TO FILE ADDITIONAL INFORMATION IN SUPPORT OF MOTION FOR ATTORNEYS FEES. Signed by Judge Lucy H. Koh on 3/19/19. (lhklc1S, COURT STAFF) (Filed on 3/19/2019) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
83

Supplemental Declaration of Lisa Ells in Support of 75 MOTION for Attorney Fees, 74 Joint MOTION for Settlement Final Approval of Class Settlement Supplemental Declaration of Lisa Ells in Support of Joint Motion for Final Approval of Class Settlement and Unopposed Motion for Award of Attorneys' Fees and Costs filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Related document(s) 75, 74 ) (Ells, Lisa) (Filed on 3/19/2019) Modified text on 3/20/2019 (dhmS, COURT STAFF). (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
84

Supplemental Declaration of Stuart Seaborn in Support of 75 MOTION for Attorney Fees, 74 Joint MOTION for Settlement Final Approval of Class Settlement Supplemental Declaration of Stuart Seaborn in Support of Joint Motion for Final Approval of Class Settlement and Unopposed Motion for Attorneys' Fees and Costs filed by Leroy Benjamin, David Cole, Erasmo Flores, Jr, Robert Phillips, Brandon Williams. (Related document(s) 75, 74 ) (Ells, Lisa) (Filed on 3/19/2019) Modified text on 3/20/2019 (dhmS, COURT STAFF). (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
85

Minute Entry for proceedings held before Judge Lucy H. Koh: Final Approval Hearing and Motion for Attorney Fees re 73, 74, 75 held on March 21, 2019 from 1:32 - 1:55 PM (23 minutes). A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. Courtroom Deputy: Kassandra Dibble. Court Reporter: Irene Rodriguez. Plaintiff Attorney: Lisa Ells, Michelle Brooke Iorio, and Stuart Seaborn. Defendant Attorney: Aryn Harris. Assistant Sheriff Eric Taylor appeared with Defense. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Date Filed: 3/21/2019). (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
86

Order by Judge Lucy H. Koh Granting 74 Motion for Settlement; Granting 75 Motion for Attorneys' Fees. (lhklc1S, COURT STAFF) (Filed on 3/21/2019) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

RECAP
87

JUDGMENT. Signed by Judge Lucy H. Koh on 3/21/19. (lhklc1S, COURT STAFF) (Filed on 3/21/2019) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

RECAP

Motion Hearing

March 21, 2019

March 21, 2019

PACER

1 - Terminate Deadlines and Hearings

March 21, 2019

March 21, 2019

PACER
88

NOTICE of Appearance by Melissa Riess (Riess, Melissa) (Filed on 9/25/2019) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 14, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Initially, five jail inmates with disabilities that restrict their mobility brought the suit. Through successful class action certification, the plaintiffs expanded to all individuals with mobility disabilities who are now, or will be in the future, incarcerated in the Santa Clara County Jails.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Santa Clara (Santa Clara, Santa Clara), County

County of Santa Clara Office of the Sheriff (Santa Clara), County

County of Santa Clara Department of Correction (Santa Clara, Santa Clara), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,200,000

Content of Injunction:

Reasonable Accommodation

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Training

Issues

General:

Access to public accommodations - governmental

Administrative segregation

Barrier Removal

Bathing and hygiene

Bathrooms

Conditions of confinement

Confinement/isolation

Grievance procedures

Law library access

Placement in detention facilities

Reasonable Accommodations

Reasonable Modifications

Sanitation / living conditions

Transportation

Visiting

Discrimination-area:

Accommodation / Leave

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mobility impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Bed care (including sores)

Medical care, general

Medication, administration of

Mental health care, unspecified

Untreated pain

Type of Facility:

Government-run