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Case: Galpern v. City of Berkeley

3:10-cv-04689 | U.S. District Court for the Northern District of California

Filed Date: Oct. 18, 2010

Closed Date: Oct. 14, 2011

Clearinghouse coding complete

Case Summary

This case is about the city of Berkeley’s responsibility for removing physical access barriers to people with mobility disabilities. On September 15, 2010, a city resident with a disability who used a wheelchair for mobility, filed a complaint in the Alameda County Superior Court against the city of Berkeley, alleging violations of Title II of the Americans with Disabilities Act (42 U.S.C. §12131), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794 et seq.), as well as analogous state s…

This case is about the city of Berkeley’s responsibility for removing physical access barriers to people with mobility disabilities.

On September 15, 2010, a city resident with a disability who used a wheelchair for mobility, filed a complaint in the Alameda County Superior Court against the city of Berkeley, alleging violations of Title II of the Americans with Disabilities Act (42 U.S.C. §12131), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794 et seq.), as well as analogous state statutes (California Government Code § 11135, California Civil Code § 51, and California Government Code § 4450). Plaintiff sought injunctive relief in the form of requiring the city to remove physical barriers to people with disabilities and mobility needs.

Represented by private counsel, plaintiff contended that the city’s pedestrian rights of way were not readily accessible to or usable by him or other persons with mobility disabilities. He also contended that the city failed to remove physical access barriers caused by illegally parked vehicles and placement of industrial materials and objects in the subject area. Defendants denied all allegations and maintained that they were at all times compliant with state and federal law.

On October 18, 2010, defendants removed the case to the U.S. District Court for the Northern District of California. The case was assigned to Judge Edward M. Chen. The case was later reassigned to Judge Maxine M. Chesney on December 6, 2010. In June 2011, the case was referred to mediation and two mediators were assigned to the case in July.

On October 14, 2011, Judge Chesney approved and ordered an amended consent judgment. The consent judgment required the city to implement parking enforcement and remove unlawful structures and obstructions of sidewalks. The consent judgment also contained a monitoring component, which required the city to provide reports to plaintiff on ongoing efforts with traffic patrol, parking violation citations, complaints submitted by people with disabilities, and responses concerning industrial materials or objects obstructing the sidewalk. Plaintiffs also received monetary relief in the form of received $30,000 in damages and $30,000 in attorney’s fees. The court retained jurisdiction to enforce the settlement for two years.

This case is closed.

Summary Authors

Takeshi Yamamoto (9/27/2022)

Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5907931/galpern-v-city-of-berkeley/

Last updated Sept. 18, 2022, 11:10 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR REMOVAL (no process) from Alameda County Superior Court. Their case number is RG 10536595. (Filing fee $350; receipt number 44611005866). Filed by City of Berkeley. (Attachments: # 1 Civil Cover Sheet)(slh, COURT STAFF) (Filed on 10/18/2010) (Entered: 10/19/2010)

1 Civil Cover Sheet

View on PACER

Oct. 18, 2010

Oct. 18, 2010

PACER
2

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 10/18/2010) (Entered: 10/19/2010)

1 Standing Order

View on PACER

Oct. 18, 2010

Oct. 18, 2010

PACER

CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
3

CERTIFICATE OF SERVICE by City of Berkeley re 2 SCHEDULING ORDER-ADA, Case Referred to ECF, 1 Notice of Removal, (Zembsch, Mark) (Filed on 10/19/2010) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
4

Declination to Proceed Before a U.S. Magistrate Judge by City of Berkeley. (Zembsch, Mark) (Filed on 11/30/2010) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
5

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 12/2/2010) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

PACER
6

ORDER REASSIGNING CASE. Case reassigned to Hon. Maxine M. Chesney for all further proceedings. Magistrate Judge Edward M. Chen no longer assigned to the case. Signed by Executive Committee on 12/6/10. (ha, COURT STAFF) (Filed on 12/6/2010) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
7

CERTIFICATE OF SERVICE by Andrew Galpern. (Nye, Bruce) (Filed on 12/8/2010) Modified on 12/9/2010 (mjj2, COURT STAFF). (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
8

NOTICE by City of Berkeley OF UNAVAILABILITY OF COUNSEL FOR DEFENDANT (Zembsch, Mark) (Filed on 12/13/2010) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
9

Defendants' ANSWER to Complaint (Notice of Removal) byMax Anderson, Jesse Arreguin, Tom Bates, Laurie Capitelli, Linda Maio, Michael K. Meehan, Darryl Moore, Susan Wengraff, Gordon Wozniak. (Zembsch, Mark) (Filed on 1/7/2011) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

PACER
10

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Response due by 4/15/2011. Signed by Judge Maxine M. Chesney on 3/30/2011. (mmclc2, COURT STAFF) (Filed on 3/30/2011) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

Clearinghouse
11

NOTICE by Andrew Galpern of Need for Mediation (Nye, Bruce) (Filed on 4/15/2011) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER

CASE REFERRED to Mediation. (sgd, COURT STAFF) (Filed on 6/13/2011)

June 13, 2011

June 13, 2011

PACER
12

ADR Clerk's Notice Appointing John Vrieze as Mediator. (cmf, COURT STAFF) (Filed on 7/15/2011) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
13

ADR Clerk's Notice Appointing John Vrieze and Daniel Bowling as Co-Mediator. (cmf, COURT STAFF) (Filed on 7/25/2011) (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

PACER
14

CERTIFICATION OF MEDIATION Session by Mediators John Vrieze and Daniel Bowling; Mediation session held 9/20/2011; Case settled. (cmf, COURT STAFF) (Filed on 9/26/2011) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
15

Letter from Bruce Nye, Esq. re settlement. (Attachments: # 1 Consent Judgment)(Nye, Bruce) (Filed on 9/27/2011) (Entered: 09/27/2011)

1 Consent Judgment

View on PACER

Sept. 27, 2011

Sept. 27, 2011

PACER
16

AMENDED CONSENT JUDGMENT AND [PROPOSED] ORDER by Max Anderson, Jesse Arreguin, Tom Bates, Laurie Capitelli, City of Berkeley, Linda Maio, Michael K. Meehan, Darryl Moore, Susan Wengraff, Kriss Worthington, Gordon Wozniak. Amendment to 15 Letter AMENDED CONSENT JUDGMENT. (Zembsch, Mark) (Filed on 10/11/2011) Modified on 10/12/2011 (aaa, COURT STAFF). (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
17

ORDER ON AMENDED CONSENT JUDGMENT. Signed by Judge Maxine M. Chesney on October 14, 2011. (mmclc2, COURT STAFF) (Filed on 10/14/2011) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 18, 2010

Closing Date: Oct. 14, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was a California resident with a disability who required use of a wheelchair for mobility

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

the City of Berkeley (the City of Berkeley), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Document/information produced

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 60,000

Order Duration: 2011 - 2013

Content of Injunction:

Reporting

Issues

General:

Barrier Removal

Government services

Parking

Sidewalks

Transportation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment