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Case: Disability Rights California v. County of Alameda

3:20-cv-05256 | U.S. District Court for the Northern District of California

Filed Date: July 30, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was brought by Disability Rights California (“DRC”), a nonprofit corporation, to challenge the systemic institutionalization and segregation of Alameda County residents with serious mental health disabilities. On July 30, 2020, DRC filed this lawsuit in the U.S. District Court for the Northern District of California and named the County of Alameda (“the County”), Alameda Health System, and Alameda County Behavioral Health Care Services (“County Behavioral Health”) as defendants. DRC b…

This case was brought by Disability Rights California (“DRC”), a nonprofit corporation, to challenge the systemic institutionalization and segregation of Alameda County residents with serious mental health disabilities. On July 30, 2020, DRC filed this lawsuit in the U.S. District Court for the Northern District of California and named the County of Alameda (“the County”), Alameda Health System, and Alameda County Behavioral Health Care Services (“County Behavioral Health”) as defendants. DRC brought the suit under the Americans with Disabilities Act of 1990, or 42 U.S.C. §§ 12111 et seq. DRC sought declaratory and injunctive relief, as well as attorney’s fees, alleging that the defendants had violated the ADA, as well as section 504 of the Rehabilitation Act of 1973 (28 U.S.C. § 794 et seq.) and sections 11135-11139 of the California Government Code, by detaining mentally disabled individuals for longer than needed and failing to provide them proper treatment and services.

On October 13, 2020, Alameda Health System filed a motion to dismiss and a motion to strike the complaint. It argued that DRC lacked standing because DRC’s complaint depended on the County creating community-based mental health services, a future event that may never occur. The County and County Behavioral Health filed similar motions shortly thereafter.

On January 21, 2021, Judge Charles R. Breyer issued an order granting the defendants’ motions to dismiss with leave to amend, finding that DRC had failed to plausibly allege disability discrimination under the relevant statutes. Specifically, Judge Breyer found that the claims against the Health System failed because they centered on the failure to provide services rather than the setting. And Judge Breyer found that the claims against the County failed because the plaintiffs had not identified specific programs being provided in institutionalized settings that could be provided elsewhere. 2021 WL 212900. Judge Breyer also found that DRC had standing with respect to all defendants because DRC adequately pleaded an injury suffered by its constituents that could be traced to the defendants’ conduct. DRC has alleged that its Constituents have been unnecessarily institutionalized and continue to face a risk of unnecessary institutionalization as a result of Defendants’ practices and lack of services; and, DRC showed that this injury could be redressed by a favorable decision. Id.

DRC submitted an amended complaint on February 23, 2021.

Summary Authors

Anjali Baliga (3/4/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17400114/parties/disability-rights-california-v-county-of-alameda/


Judge(s)

Breyer, Charles R. (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Center, Claudia B. (California)

Dardarian, Linda M. (California)

Fischer, Aaron Joseph (California)

Gregory, Sarah J (California)

Jain, Samuel K (California)

Lee, Andrew Paul (California)

Judge(s)

Breyer, Charles R. (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Center, Claudia B. (California)

Dardarian, Linda M. (California)

Fischer, Aaron Joseph (California)

Gregory, Sarah J (California)

Jain, Samuel K (California)

Lee, Andrew Paul (California)

Mathis, Jennifer (District of Columbia)

Pickern, Sydney Rae (California)

Stark, Jennifer Lori (California)

Swain, Kimberly C. (California)

Wendell, Raymond Alexander (California)

Attorneys(s) for Defendant

Franklin, Kurt A. (California)

Kearney, Jordan Richea Clark (California)

Kollar, Linda Randlett (California)

Lara, Raymond S (California)

Pagonis, Katrina Angela (California)

Trembly, Gymmel Monserrat (California)

Expert/Monitor/Master

Abella, David (California)

Documents in the Clearinghouse

Document

3:20-cv-05256

Docket [PACER]

March 4, 2021

March 4, 2021

Docket
1

3:20-cv-05256

Complaint for Declaratory and Injunctive Relief

July 30, 2020

July 30, 2020

Complaint
17 & 17-1 & 17-2 & 17-3

3:20-cv-05256

Defendant Alameda Health System's Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Motion to Strike; Memorandum of Points and Authorities in Support

Oct. 13, 2020

Oct. 13, 2020

Pleading / Motion / Brief
50

3:20-cv-05256

Order Granting Motions to Dismiss and Denying Motion to Strike

Jan. 21, 2021

Jan. 21, 2021

Order/Opinion
52

3:20-cv-05256

First Amended Complaint for Declaratory and Injunctive Relief

Feb. 22, 2021

Feb. 22, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17400114/disability-rights-california-v-county-of-alameda/

Last updated Nov. 29, 2022, 3:28 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14756689.). Filed byDisability Rights California. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Lee, Andrew) (Filed on 7/30/2020) (Entered: 07/30/2020)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

July 30, 2020

July 30, 2020

RECAP
2

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14757152.) filed by Disability Rights California. (Attachments: # 1 Exhibit Certificate of Good Standing)(Mathis, Jennifer) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
3

MOTION for leave to appear in Pro Hac Vice of Ira Burnim ( Filing fee $ 310, receipt number 0971-14757789.) filed by Disability Rights California. (Attachments: # 1 Exhibit Certificate of Good Standing - DC)(Burnim, Ira) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
4

Case assigned to Magistrate Judge Joseph C. Spero. 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 8/14/2020. (mbcS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER

~Util - Case Assigned by Intake

July 31, 2020

July 31, 2020

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/23/2020. Initial Case Management Conference set for 10/30/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (fabS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
6

Summons Issued as to Alameda County Behavioral Health Care Services, Alameda Health System, County of Alameda. (fabS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
7

Order, signed 8/4/2020, by Chief Magistrate Judge Joseph C. Spero granting 2 Motion for Pro Hac Vice for Jennifer Mathis.(klhS, COURT STAFF) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
8

ORDER, signed 8/4/2020, by Chief Magistrate Judge Joseph C. Spero granting 3 Motion for Pro Hac Vice for Ira Burnim. (klhS, COURT STAFF) (Filed on 8/4/2020) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Disability Rights California.. (Lee, Andrew) (Filed on 8/14/2020) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
10

WAIVER OF SERVICE Returned Executed filed by Disability Rights California. Service waived by Alameda County Behavioral Health Care Services waiver sent on 8/12/2020, answer due 10/13/2020. (Lee, Andrew) (Filed on 9/16/2020) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
11

WAIVER OF SERVICE Returned Executed filed by Disability Rights California. Service waived by County of Alameda waiver sent on 8/12/2020, answer due 10/13/2020. (Lee, Andrew) (Filed on 9/16/2020) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
12

WAIVER OF SERVICE Returned Executed filed by Disability Rights California. Service waived by Alameda Health System waiver sent on 8/12/2020, answer due 10/13/2020. (Lee, Andrew) (Filed on 9/16/2020) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
13

Certificate of Interested Entities by Disability Rights California (Lee, Andrew) (Filed on 9/30/2020) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
14

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lee, Andrew) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
15

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options By Parties And Counsel (Trembly, Gymmel) (Filed on 10/9/2020) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
16

STIPULATION to Extend Time to Respond to Complaint filed by Alameda County Behavioral Health Care Services, County of Alameda. (Lara, Raymond) (Filed on 10/13/2020) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
17

MOTION to Dismiss and, MOTION to Strike 1 Complaint filed by Alameda Health System. Motion Hearing set for 11/20/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 10/27/2020. Replies due by 11/3/2020. (Attachments: # 1 Declaration of David Abella, # 2 Declaration of Gymmel Trembly, # 3 Proposed Order Granting Defendant Alameda Health System's Motion to Dismiss Plaintiff's Complaint and Motion to Strike)(Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020)

1 Declaration of David Abella

View on PACER

2 Declaration of Gymmel Trembly

View on PACER

3 Proposed Order Granting Defendant Alameda Health System's Motion to Dismiss

View on PACER

Oct. 13, 2020

Oct. 13, 2020

RECAP
18

Request for Judicial Notice re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint filed byAlameda Health System. (Related document(s) 17 ) (Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
19

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alameda Health System.. (Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
20

CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants County of Alameda and Alameda County Behavioral Health Care Services shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/21/2020. (klhS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
21

NOTICE of Appearance by Kurt A. Franklin for Defendant Alameda Health System (Franklin, Kurt) (Filed on 10/14/2020) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
22

ORDER GRANTING re 16 Stipulation to Extend Time filed by Alameda County Behavioral Health Care Services, County of Alameda. Signed by Judge Joseph C. Spero on 10/14/2020. (klhS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
23

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alameda County Behavioral Health Care Services, County of Alameda.. (Lara, Raymond) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
24

NOTICE of Appearance by Raymond S. Lara (Lara, Raymond) (Filed on 10/21/2020) (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
25

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
26

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 10/23/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/23/2020) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
27

Renotice motion hearing re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint filed byAlameda Health System. (Related document(s) 17 ) (Trembly, Gymmel) (Filed on 10/26/2020) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
28

CLERK'S NOTICE VACATING MOTION to Dismiss and, MOTION to Strike hearing set for November 19, 2020 before the Honorable Charles R. Breyer. Motion Hearing set for 12/3/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 10/26/2020) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

Clerk's Notice

Oct. 26, 2020

Oct. 26, 2020

PACER

Set/Reset Deadlines as to 17 MOTION to Dismiss and MOTION to Strike 1 Complaint . Motion Hearing set for 12/3/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

Set Motion and Deadlines/Hearings No NEF

Oct. 26, 2020

Oct. 26, 2020

PACER
29

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 10/27/2020) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
30

STIPULATION AND ORDER RE BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 29 Stipulation. Motion Hearing set for 12/10/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/27/2020) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER

This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts .gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than December 7, 2020 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.usc ourts.gov/zoom/. (lsS, COURT STAFF) (Filed on 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER

~Util - Teleconference Zoom

Oct. 27, 2020

Oct. 27, 2020

PACER

Set Motion and Deadlines/Hearings No NEF

Oct. 27, 2020

Oct. 27, 2020

PACER

Set/Reset Deadlines as to 17 MOTION to Dismiss and MOTION to Strike 1 Complaint . Opposition due by 11/10/2020. Replies due by 11/24/2020. Motion Hearing set for 12/10/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
31

STIPULATION WITH PROPOSED ORDER re 1 Complaint to Extend Time to Respond to Complaint filed by Alameda County Behavioral Health Care Services, County of Alameda. (Lara, Raymond) (Filed on 10/30/2020) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
32

STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 31 Stipulation to extend time to respond. (lsS, COURT STAFF) (Filed on 10/30/2020) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
33

OPPOSITION/RESPONSE (re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint ) Plaintiff's Opposition to Defendant Alameda Health System's Motion to Dismiss Plaintiff's Complaint and Motion to Strike filed byDisability Rights California. (Attachments: # 1 Plaintiff Disability Rights California's Request for Judicial Notice in Opposition to Defendant Alameda Health System's Motion to Dismiss and Motion to Strike)(Lee, Andrew) (Filed on 11/10/2020) (Entered: 11/10/2020)

1 Plaintiff Disability Rights California's Request for Judicial Notice in Op

View on PACER

Nov. 10, 2020

Nov. 10, 2020

RECAP
34

NOTICE of Change of Address by Andrew Paul Lee (Lee, Andrew) (Filed on 11/12/2020) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
35

NOTICE of Appearance by Katrina Angela Pagonis (Pagonis, Katrina) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
36

NOTICE of Appearance by Jordan Richea Clark Kearney (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
37

NOTICE of Appearance by Linda Randlett Kollar (Kollar, Linda) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
38

REPLY (re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint ) filed byAlameda Health System. (Attachments: # 1 Declaration of David Abella, # 2 Errata to Defendant Alameda Health System's Motion to Dismiss Plaintiff's Complaint and Motion to Strike)(Trembly, Gymmel) (Filed on 11/24/2020) (Entered: 11/24/2020)

1 Declaration of David Abella

View on PACER

2 Errata to Defendant Alameda Health System's Motion to Dismiss Plaintiff

View on RECAP

Nov. 24, 2020

Nov. 24, 2020

RECAP
39

MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] filed by Alameda County Behavioral Health Care Services, County of Alameda. Responses due by 12/8/2020. Replies due by 12/15/2020. (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

RECAP
40

Request for Judicial Notice re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] filed byAlameda County Behavioral Health Care Services, County of Alameda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 39 ) (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
41

Proposed Order re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] by Alameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)

Nov. 24, 2020

Nov. 24, 2020

PACER
42

CLERK'S NOTICE VACATING Motion to Dismiss and Motion to Strike hearing set for December 10, 2020 before the Honorable Charles R. Breyer.. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing reset for 1/28/2021 at 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than January 26, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/28/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 11/30/2020) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER

Set/Reset Deadlines as to 17 MOTION to Dismiss and MOTION to Strike 1 Complaint, 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF]. Motion Hearing set for 1/28/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER

Set Motion and Deadlines/Hearings No NEF

Nov. 30, 2020

Nov. 30, 2020

PACER

~Util - Teleconference Zoom AND Clerk's Notice

Nov. 30, 2020

Nov. 30, 2020

PACER
43

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 12/3/2020) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
44

STIPULATION AND ORDER Regarding Briefing Schedule for Motion to Dismiss by Judge Charles R. Breyer: Granting 43 Stipulation. Opposition due by 12/23/2020. Replies due by 1/14/2021.(lsS, COURT STAFF) (Filed on 12/4/2020) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
45

ADMINISTRATIVE MOTION for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint filed by Disability Rights California. Responses due by 12/14/2020. (Attachments: # 1 Exhibit 1 - Plaintiff's Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss, # 2 Declaration of Linda M. Dardarian in Support of Plaintiff 's Administrative Motion for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss, # 3 Proposed Order Granting Plaintiff 's Administrative Motion for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss)(Dardarian, Linda) (Filed on 12/9/2020) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
46

OPPOSITION/RESPONSE (re 45 ADMINISTRATIVE MOTION for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint ) filed byAlameda Health System. (Attachments: # 1 Declaration of Gymmel M. Trembly, # 2 Proposed Order Denying Plaintiff's Motion for Leave to File Surreply to Motion to Dismiss)(Trembly, Gymmel) (Filed on 12/14/2020) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
47

OPPOSITION/RESPONSE (re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] ) filed byDisability Rights California. (Lee, Andrew) (Filed on 12/23/2020) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
48

REPLY (re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] ) IN SUPPORT OF MOTION TO DISMISS filed byAlameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 1/14/2021) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
49

Request for Judicial Notice re 48 Reply to Opposition/Response, SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO DISMISS filed byAlameda County Behavioral Health Care Services, County of Alameda. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 48 ) (Kearney, Jordan) (Filed on 1/14/2021) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
50

ORDER by Judge Charles R. Breyer granting 39 Motion to Dismiss; granting 45 Administrative Motion for leave to file sur-reply; granting 17 Motion to Dismiss; denying 17 Motion to Strike. Plaintiff shall have 30 days from the date of this order to file an amended complaint. (crblc2, COURT STAFF) (Filed on 1/21/2021) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

RECAP
51

NOTICE of Change of Address by Aaron Joseph Fischer (Fischer, Aaron) (Filed on 2/19/2021) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
52

AMENDED COMPLAINT against Alameda County Behavioral Health Care Services, County of Alameda. Filed by Disability Rights California. (Lee, Andrew) (Filed on 2/22/2021) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

RECAP
53

STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT filed by Alameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 3/4/2021) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
54

STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT (correction of Docket Document 53, which incorrectly was labeled as "Stipulation WITH Proposed Order") filed by Alameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 3/4/2021) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
55

MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF filed by Alameda County Behavioral Health Care Services, County of Alameda. Motion Hearing set for 6/4/2021 10:00 AM in Oakland, Courtroom 6, 2nd Floor before Judge Charles R. Breyer. Responses due by 4/15/2021. Replies due by 4/22/2021. (Pagonis, Katrina) (Filed on 4/1/2021) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

RECAP
56

Request for Judicial Notice re 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF filed byAlameda County Behavioral Health Care Services, County of Alameda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 55 ) (Pagonis, Katrina) (Filed on 4/1/2021) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
57

Proposed Order re 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF by Alameda County Behavioral Health Care Services, County of Alameda. (Pagonis, Katrina) (Filed on 4/1/2021) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
58

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 4/8/2021) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
59

STIPULATION AND ORDER RE: BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 58 Stipulation. Opposition due by 6/9/2021. Replies due by 6/29/2021. Motion Hearing set for 7/16/2021 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER

Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Motion Hearing set for 7/16/2021 10:00 AM in San Francisco, - To be determined before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 4/12/2021)

April 12, 2021

April 12, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

April 12, 2021

April 12, 2021

PACER
60

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 5/28/2021) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
61

STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 60 Stipulation. Plaintiffs Opposition shall be filed no later than August 27, 2021;County Defendants Reply shall be filed no later than September 24, 2021; The hearing set for July 16, 2021 shall be vacated and reset for October 8, 2021 at 10:00 a.m.(lsS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER

Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 8/27/2021. Replies due by 9/24/2021. Motion Hearing set for 10/8/2021 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 6/1/2021)

June 1, 2021

June 1, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

June 1, 2021

June 1, 2021

PACER
62

NOTICE by Disability Rights California of Withdrawal of Counsel Sydney Rae Pickern (Pickern, Sydney) (Filed on 6/15/2021) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
63

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 7/27/2021) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
64

STIPULATION AND ORDER Regarding Briefing Schedule for Motion to Dismiss by Judge Charles R. Breyer: Granting 63 Stipulation. Motion Hearing set for 12/17/2021 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 7/28/2021) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER

Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 10/29/2021. Replies due by 11/23/2021. Motion Hearing set for 12/17/2021 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 7/28/2021)

July 28, 2021

July 28, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

July 28, 2021

July 28, 2021

PACER
65

STIPULATION WITH PROPOSED ORDER Regarding Motion to Dismiss Briefing Schedule filed by Disability Rights California. (Lee, Andrew) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
66

STIPULATION AND ORDER RE BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 65 Stipulation.Opposition due by 1/28/2022. Replies due by 2/28/2022. Motion Hearing set for 3/18/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER

Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 1/28/2022. Replies due by 2/28/2022. Motion Hearing set for 3/18/2022 at 10:00 AM before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER

Set Motion and Deadlines/Hearings No NEF

Oct. 15, 2021

Oct. 15, 2021

PACER
67

MOTION to Withdraw as Attorney Jennifer Mathis as Counsel filed by Disability Rights California. Responses due by 1/3/2022. Replies due by 1/10/2022. (Lee, Andrew) (Filed on 12/20/2021) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
68

ORDER by Judge Charles R. Breyer: Granting 67 Motion to Withdraw as Attorney, JENNIFER MATHIS. (ls, COURT STAFF) (Filed on 1/3/2022) (Entered: 01/03/2022)

Jan. 3, 2022

Jan. 3, 2022

PACER
69

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 1/19/2022) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
70

STIPULATION AND ORDER RE: BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 69 Stipulation. Motion Hearing set for 6/17/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 1/20/2022) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP

Set Motion and Deadlines/Hearings No NEF

Jan. 20, 2022

Jan. 20, 2022

PACER

Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Opposition due by 4/29/2022. Replies due by 5/27/2022. Motion Hearing set for 6/17/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 1/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
71

Stipulation and Proposed Order

April 7, 2022

April 7, 2022

PACER
72

Order on Stipulation

April 11, 2022

April 11, 2022

PACER

Set Motion and Deadlines/Hearings No NEF

April 11, 2022

April 11, 2022

PACER
73

Stipulation and Proposed Order

July 14, 2022

July 14, 2022

PACER
74

Order on Stipulation

July 15, 2022

July 15, 2022

PACER
75

Stipulation and Proposed Order

Sept. 16, 2022

Sept. 16, 2022

PACER
76

Order on Stipulation

Sept. 20, 2022

Sept. 20, 2022

PACER

Set Motion and Deadlines/Hearings No NEF

Sept. 20, 2022

Sept. 20, 2022

PACER
77

Stipulation and Proposed Order

Nov. 21, 2022

Nov. 21, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit organization, appointed by California, to protect the rights and interests of California residents with mental illness.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Not sought

Defendants

Alameda Health System (Alameda, Alameda), None

Alameda County (Alameda, Alameda), County

Defendant Type(s):

Hospital/Health Department

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

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Classification / placement

Commitment procedure

Deinstitutionalization/decarceration

Disparate Impact

Disparate Treatment

Improper treatment of mentally ill suspects

Placement in mental health facilities

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

P&A Associational Standing

Mental Disability:

Depression

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general