Case: Hood v. City of Sacramento

2:23-cv-00232 | U.S. District Court for the Eastern District of California

Filed Date: Feb. 7, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 7, 2023, two individuals filed this putative class action lawsuit on behalf of themselves and other individuals with mobility disabilities in the United States District Court for the Eastern District of California. The plaintiffs sued the city of Sacramento and Sacramento County under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and state law. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief. They claimed that the defendan…

On February 7, 2023, two individuals filed this putative class action lawsuit on behalf of themselves and other individuals with mobility disabilities in the United States District Court for the Eastern District of California. The plaintiffs sued the city of Sacramento and Sacramento County under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and state law. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief. They claimed that the defendants' failure to maintain clear sidewalks had violated their right to access public accommodations. 

The plaintiffs sought to certify a class defined as “all Sacramento residents with mobility disabilities who have used, use, or will use, the sidewalks in the defendant city, and defendant county, through the date of judgment in the action.”

The plaintiffs specifically alleged that the defendants had violated the ADA, Rehabilitation Act, and state law by failing to clear sidewalks of debris and tent encampments of unsheltered people. The plaintiffs claimed that a rise in the population of unsheltered people had left sidewalks covered by shelters, leaving people with disabilities unable to utilize the sidewalks because they were completely blocked by these shelters. 

As of March 12, 2023, this case was ongoing. 

Summary Authors

Rhea Sharma (3/12/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66797443/parties/hood-v-city-of-sacramento/


Judge(s)

Mueller, Kimberly Jo (California)

Attorney for Plaintiff

Demas, Louis (California)

Attorney for Defendant

Gurer, Gokalp Yusuf (California)

Haynes, Derek Joseph (California)

Heyer, Rick J. (California)

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Documents in the Clearinghouse

Document
1

2:23-cv-00232

Class Action Complaint

Feb. 7, 2023

Feb. 7, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66797443/hood-v-city-of-sacramento/

Last updated Aug. 10, 2025, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs by Susan Hood, Chester McNabb. (Filing fee $ 402, receipt number ACAEDC-10686090) (Demas, Louis) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

RECAP
2

CIVIL COVER SHEET filed by Susan Hood, Chester McNabb (Demas, Louis) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

PACER
3

SUMMONS ISSUED as to *City of Sacramento, Sacramento County* with answer to complaint due within *21* days. Attorney *Louis Demas* *Attorney at Law* *2713 E Street* *Sacramento, CA 95816*. (Mena-Sanchez, L) (Entered: 02/08/2023)

Feb. 8, 2023

Feb. 8, 2023

PACER
4

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference SET for 6/29/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Mena-Sanchez, L) (Entered: 02/08/2023)

Feb. 8, 2023

Feb. 8, 2023

PACER
5

SUMMONS RETURNED EXECUTED: City of Sacramento (Christine Saunders) served on 2/10/2023, answer due 3/3/2023. (Demas, Louis) Modified on 2/22/2023 (Benson, A.). (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
6

SUMMONS RETURNED EXECUTED: Sacramento County (Valerie Vallejo) served on 2/10/2023, answer due 3/3/2023. (Demas, Louis) Modified on 2/22/2023 (Benson, A.). (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
7

STIPULATION to Extend Time to Respond to 1 Complaint by City of Sacramento, County of Sacramento. Attorney Pak, Grace Lee added. (Pak, Grace) Modified on 2/27/2023 (Perdue, C.). (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

PACER
8

SECOND STIPULATION and PROPOSED ORDER for Extension of Time by Susan Hood, Chester McNabb. (Demas, Louis) Modified on 3/22/2023 (Mena-Sanchez, L). (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER
9

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/21/2023: Upon request of the parties, ECF No. 8, and with the approval of the court, the deadline for Defendants City of Sacramento and County of Sacramento to file a response to Plaintiff's Complaint, ECF No. 1, is EXTENDED to 4/20/2023. (Text Only Entry)(Schultz, C) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER

~Util - 1 Set/Reset Deadlines and Hearings AND Minute Order

March 21, 2023

March 21, 2023

PACER
10

STIPULATION to File Amended Complaint by Chester McNabb. (Demas, Louis) Modified on 4/19/2023 (Mena-Sanchez, L). (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
11

FIRST AMENDED COMPLAINT against All Plaintiffs by Susan Hood, Chester McNabb.(Demas, Louis) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

RECAP
12

STIPULATION and PROPOSED ORDER for Extending time to file a response to Plaintiff's FAC by City of Sacramento. (Pak, Grace) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
13

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 5/16/2023: In light of the time needed for the parties to meet and confer, the Stipulated Request for Extension of Time, ECF No. 12, is GRANTED. Accordingly, the deadline for Defendants City of Sacramento and County of Sacramento to respond to Plaintiff's First Amended Complaint, ECF No. 11, is EXTENDED to 6/2/2023. (Text Only Entry)(Schultz, C) (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

May 16, 2023

May 16, 2023

PACER
14

MOTION to DISMISS by Sacramento County. Motion Hearing set for 8/11/2023 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Points and Authorities, # 2 Declaration)(Haynes, Derek) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
15

MOTION to DISMISS by City of Sacramento. Motion Hearing set for 8/11/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Points and Authorities, # 2 Declaration, # 3 Exhibits, # 4 Request for Judicial Notice)(Pak, Grace) Modified on 6/5/2023 (Kastilahn, A). (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
16

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/5/2023: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 6/29/2023 is RESET for 8/11/2023 at 10:00 AM in Courtroom 3 before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. (Text Only Entry) (Schultz, C) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

June 5, 2023

June 5, 2023

PACER
17

STIPULATION to Modify filing dates and proposed order by Susan Hood. (Demas, Louis) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
18

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 6/12/2023: The parties' Stipulated Request for an Extension of Time, ECF No. 17, is GRANTED. Accordingly, the deadline for Plaintiffs' Oppositions related to the Motions filed on 6/2/2023 is EXTENDED to 6/30/2023, and Defendants' deadline for their Replies is EXTENDED to 7/10/2023. (Text Only Entry)(Schultz, C) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER

Minute Order

June 12, 2023

June 12, 2023

PACER
19

OPPOSITION by Susan Hood to 15 Motion to Dismiss,. (Attachments: # 1 Declaration Re meet and confer)(Demas, Louis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
20

OPPOSITION by Susan Hood to 14 Motion to Dismiss. (Attachments: # 1 Declaration Re meet and confer)(Demas, Louis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
21

REPLY by City of Sacramento re 15 Motion to Dismiss,. (Pak, Grace) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

PACER
22

REPLY by Sacramento County re 20 Opposition to Motion. (Haynes, Derek) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

PACER
23

JOINT STATUS REPORT by Sacramento County. (DE Wit, Dylan) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER
24

NOTICE of CHANGE of ADDRESS by Derek Joseph Haynes. (Haynes, Derek) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
25

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 7/28/2023: On the court's own motion, the Status (Pretrial Scheduling) Conference and Motion Hearing as to the pending Motions to Dismiss, ECF Nos. 14 & 15, set for 8/11/2023 is ADVANCED to 8/10/2023 at 3:00 PM for in-person appearance in Courtroom 3 before Chief District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings AND ~Util - Set/Reset Motion Hearing

July 28, 2023

July 28, 2023

PACER
26

MINUTES for MOTION HEARING and SCHEDULING CONFERENCE held before Chief District Judge Kimberly J. Mueller on 8/10/2023. Attorney, Louis Demas, present on behalf of Plaintiffs. Attorney, Grace Pack, present for City of Sacramento. Attorney, Dylan Dewit, present for Defendant Sacramento County. The court and counsel discussed the pending Motions to Dismiss, ECF Nos. 14 and 15, and case scheduling. After careful consideration of the parties' comments, the court DIRECTED the parties file a Joint Status Report, no later than 11/17/2023, updating the court on the parties' settlement efforts. If the parties have not reached a settlement, the parties must also include a proposed case schedule, including a date by which Plaintiffs will file for class certification. E.C.R.O.: Rchel Alvarez. (Text Only Entry) (Schultz, C) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER

Motion Hearing AND Scheduling Conference AND ~Util - 1 Set/Reset Deadlines and Hearings

Aug. 11, 2023

Aug. 11, 2023

PACER
27

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/05/23 GRANTING IN PART 14 & 15 Motions to dismiss and DISMISSES McNabb, Haley and Barstow's claims against the County and Hood and Barstow's claims against the City with le ave to amend. The court also DISMISSES plaintiffs' state claims without prejudice to refiling in state court. The court STRICKES paragraphs 80 to 82 from the complaint. Plaintiffs may file an amended complaint, to the extent possible within the confines of Federal Rule of Civil Procedure 11, within 21 days from the date of this order.(Licea Chavez, V)

Oct. 6, 2023

Oct. 6, 2023

RECAP
28

SECOND AMENDED COMPLAINT against All Defendants by Susan Hood.(Demas, Louis) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

PACER
29

DESIGNATION of COUNSEL terminating Grace L. Pak and adding Gokalp Yusuf Gurer for City of Sacramento. (Gurer, Gokalp) Modified on 10/26/2023 (Benson, A.). (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
30

ANSWER with Jury Demand by Sacramento County.(Haynes, Derek) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER
31

ANSWER with Jury Demand by City of Sacramento.(Gurer, Gokalp) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER
32

NOTICE of APPEARANCE by Steven Emanuel Weiss, I on behalf of Sacramento County. Attorney Weiss, Steven Emanuel added. (Weiss, Steven) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
33

JOINT STATUS REPORT by Sacramento County. (DE Wit, Dylan) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
34

STATUS PRETRIAL SCHEDULING ORDER signed by Judge Kimberly J. Mueller on 6/10/24 SETTING the following deadlines: Initial disclosures shall be completed within 30 days, all fact discovery completed by 5/2/25, Expert Disclosures due by 5/23/25, Rebuttal expert witnesses by 6/13/25, All expert Discovery due 7/3/25, Any Motions filed by 7/18/25, and Dispositive Motions due by 11/21/25. Objections due within 14 calendar days of this order. (cc: VDRP) (Woodson, A)

June 10, 2024

June 10, 2024

RECAP
35

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Janice Marie Snyder for Sacramento County, attorney Rick J. Heyer terminated (Snyder, Janice) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Jan. 16, 2025

Jan. 16, 2025

PACER

Minute Order

Jan. 21, 2025

Jan. 21, 2025

PACER

In Chambers Conference AND ~Util - 1 Terminate Deadlines and Hearings

Jan. 24, 2025

Jan. 24, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Feb. 28, 2025

Feb. 28, 2025

PACER

Discovery Hearing

March 7, 2025

March 7, 2025

PACER

Minute Order

March 7, 2025

March 7, 2025

PACER
44

SETTLEMENT CONFERENCE ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/21/2025 SETTING a Settlement Conference for 6/18/2025 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson and a Pre-Settlement Conference Call on 6/12/2025 at 11:00 AM before Magistrate Judge Jeremy D. Peterson. No later than 6/4/2025, each party must submit a mediation statement to Magistrate Judge Peterson and all other parties. (Attachments: # 1 Settlement Conference Letter) (Deputy Clerk NAC)

March 21, 2025

March 21, 2025

RECAP

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

April 18, 2025

April 18, 2025

PACER
47

Notice of Related Case

May 1, 2025

May 1, 2025

PACER
48

RELATED CASE ORDER signed by District Judge Dena M. Coggins on 5/9/2025 RELATING cases 2:23-cv-232 and 2:24-cv-2433. (Deputy Clerk VLK)

May 12, 2025

May 12, 2025

RECAP
49

Notice of Settlement

June 2, 2025

June 2, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

June 3, 2025

June 3, 2025

PACER

Settlement Conference

June 12, 2025

June 12, 2025

PACER

Settlement Conference

June 18, 2025

June 18, 2025

PACER

Minute Order

June 27, 2025

June 27, 2025

PACER

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

July 15, 2025

July 15, 2025

PACER

Minute Order AND ~Util - Add and Terminate Parties

July 21, 2025

July 21, 2025

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 7, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Sacramento residents with mobility disabilities who have used, use, or will use, the sidewalks in the defendant city, and defendant county, through the date of judgment in this action.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Sacramento (Sacramento), City

Sacramento (Sacramento), County

Defendant Type(s):

Jurisdiction-wide

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to public accommodations - governmental

Poverty/homelessness

Disability and Disability Rights:

Mobility impairment

Sidewalks

Discrimination Area:

Disparate Impact

Discrimination Basis:

Disability (inc. reasonable accommodations)