Case: Hines v. City of Portland

3:18-cv-00869 | U.S. District Court for the District of Oregon

Filed Date: May 17, 2018

Case Ongoing

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Case Summary

This is a case about pedestrian routes made inaccessible due to a lack of compliance with federal regulations regarding accessible curb ramps at the corners of intersections. On May 17, 2018, three individuals with mobility disabilities filed this class action lawsuit in the U.S. District Court for the District of Oregon, on behalf of a class of individuals with mobility disabilities who used sidewalks and pedestrian routes in Portland. Plaintiffs sued the City of Portland under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). Represented by the Civil Rights Education and Enforcement Center, the Portland Civil Rights Law Office and private counsel, plaintiffs sought certification of the settlement class, a permanent injunction requiring the City to undertake measures to mitigate the effects of their past and ongoing violations, attorneys’ fees, monetary relief for the class representatives, and any other appropriate relief. They claimed that the city engaged in systemic violations of the ADA and Section 504, due to barriers impeding people with mobility disabilities from having equal access to the city’s sidewalks and pedestrian routes. Of the City of Portland’s 38,000 street corners, approximately 11,000 corners did not have curb ramps, and many other corners had ramps that did not meet ADA standards at the time this lawsuit was filed. This case was assigned to Judge Marco A Hernandez.

On May 21, 2018, the parties filed a joint motion for certification of the settlement class and preliminary approval of the consent decree, which the court granted on June 4, 2018, pending final approval of the settlement. After notice was sent to class members and a fairness hearing was held, the parties submitted another joint motion on September 10, 2018, this time for final approval of the settlement and entry of the consent decree. The court granted final approval of the settlement, as well as plaintiffs’ attorneys’ fees and service awards for the class representatives, on September 27, 2018.

The consent decree was to remain effective for 12 years, or for the length of time it took the City to install or upgrade approximately 18,000 curb ramps.. The parties mutually agreed to the following terms of injunctive relief: 1) the appointment of one or more ADA advisors to the Portland Bureau of Transportation; 2) the completion of a survey conducted at the City’s expense to determine the number of curb ramps that needed to be made ADA compliant (later determined to be approximately 18,000); 3) the installation or remediation of a certain number of ramps annually (1500 ramps from January 2019 to December 2029, 750 ramps for the years 2018 and 2030); 4) the maintenance and upkeep of all accessible ramps in the city; and 5) the provision of an annual report (by the end of June) regarding the status of the City’s compliance with the terms of the consent decree. The City’s first report was filed on June 28, 2019, and they’ve submitted reports every year since. The next one will be submitted in June 2023.

As of April 2023, the consent decree remains in effect and the City’s reporting obligations remain ongoing.

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Summary Authors

Simran Takhar (4/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6763497/parties/hines-v-city-of-portland/

Judge(s)

Attorney for Plaintiff

Dardarian, Linda M. (Oregon)

Duffly, Zachary R. (Oregon)

Fisher, Katharine L. (Oregon)

Fox, Timothy P. (Oregon)

Attorney for Defendant

Evanson, Kymberly K. (Oregon)

Judge(s)

Hernandez, Marco Antonio (Oregon)

Attorney for Plaintiff

Dardarian, Linda M. (Oregon)

Duffly, Zachary R. (Oregon)

Fisher, Katharine L. (Oregon)

Fox, Timothy P. (Oregon)

Grimes, Ginger L. (Oregon)

Attorney for Defendant

Evanson, Kymberly K. (Oregon)

Moede, J. Scott (Oregon)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:18-cv-00869	Class Action Complaint	May 17, 2018	May 17, 2018 Complaint
25 3:18-cv-00869	Class Action Order (1) Granting Preliminary Approval of Settlement; (2) Granting Certification of Settlement Class; (3) Directing Notice to the Class; and (4) Setting Date for Fairness Hearing	June 4, 2018	June 4, 2018 Order/Opinion
40 3:18-cv-00869	Final Judgment and Order Approving Class Action Settlement	Sept. 27, 2018	Sept. 27, 2018 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6763497/hines-v-city-of-portland/

Last updated March 10, 2024, 4:06 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5416821 Jury Trial Requested: No. Filed by TESS RAUNIG, CAROLE ZOOM, ALLEN HINES against City of Portland (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Duffly, Zachary) (Entered: 05/17/2018) 1 Civil Cover Sheet View on PACER 2 Proposed Summons View on PACER	May 17, 2018	May 17, 2018 Clearinghouse
2	Motion for Leave to Appear Pro Hac Vice for Attorney LINDA M. DARDARIAN . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5417165. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/17/2018)	May 17, 2018	May 17, 2018 PACER
3	Motion for Leave to Appear Pro Hac Vice for Attorney KATHERINE L. FISHER . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5417225. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/17/2018)	May 17, 2018	May 17, 2018 PACER
4	Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/17/2018. Joint Alternate Dispute Resolution Report is due by 10/15/2018. Pretrial Order is due by 10/15/2018. Ordered by Judge Marco A. Hernandez. (joha) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
5	Summons Issued Electronically as to City of Portland. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
6	Motion for Leave to Appear Pro Hac Vice for Attorney Kymberly Evanson . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5417935. Filed by City of Portland. (Moede, J.) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
7	Motion for Leave to Appear Pro Hac Vice for Attorney TIM FOX . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5418058. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
8	Notice re Complaint, 1 ERRATA REGARDING TO CLASS ACTION COMPLAINT Filed by All Plaintiffs. (Related document(s): Complaint, 1 .) (Attachments: # 1 Attachment) (Duffly, Zachary) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
9	Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 5/18/2018. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
10	Joint Motion to Certify the Class and Preliminary Approval of the Consent Decree. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
11	Declaration of Linda D. Dardarian ISO Joint Motion for Class Certification and for Preliminary Approval of Consent Decree. Filed by All Plaintiffs. (Related document(s): Motion to certify class 10 .) (Duffly, Zachary) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
12	Declaration of Timothy P. Fox ISO Joint Motion for Class Certification and for Preliminary Approval of Consent Decree. Filed by All Plaintiffs. (Related document(s): Motion to certify class 10 .) (Duffly, Zachary) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
13	Declaration of Zack Duffly ISO Joint Motion for Class Certification and for Preliminary Approval of Consent Decree. Filed by All Plaintiffs. (Related document(s): Motion to certify class 10 .) (Duffly, Zachary) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
14	ORDER: Granting Application for Special Admission Pro Hac Vice of Kymberly K. Evanson for City of Portland. Application Fee in amount of $300 collected. Receipt No. 0979-5417935 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
15	Notification of CM/ECF Account for Kymberly K. Evanson (Pro Hac Vice admission). Your login is: kkevanson. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
16	ORDER: Granting Application for Special Admission Pro Hac Vice of Timothy P. Fox for Allen Hines, Tess Raunig, Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5418058 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
17	Notification of CM/ECF Account for Timothy P. Fox (Pro Hac Vice admission). Your login is: tpfox. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
18	ORDER: Granting Application for Special Admission Pro Hac Vice of Linda M. Dardarian for Allen Hines, Tess Raunig, Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5417165 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
19	Notification of CM/ECF Account for Linda M. Dardarian (Pro Hac Vice admission). Your login is: lmdardarian. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
20	ORDER: Granting Application for Special Admission Pro Hac Vice of Katharine L. Fisher for Allen Hines, Tess Raunig, Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5417225 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
21	Notification of CM/ECF Account for Katharine L. Fisher (Pro Hac Vice admission). Your login is: klfisher. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)	May 21, 2018	May 21, 2018 PACER
22	Motion for Leave to Appear Pro Hac Vice for Attorney Ginger L. Grimes . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5421553. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/22/2018)	May 22, 2018	May 22, 2018 PACER
23	ORDER: Granting Application for Special Admission Pro Hac Vice of Ginger L. Grimes for Allen Hines,Tess Raunig,and Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5421553 issued. Signed on 5/24/2018 by Judge Marco A. Hernandez. (ecp) (Entered: 05/29/2018)	May 24, 2018	May 24, 2018 PACER
24	Notification of CM/ECF Account for Ginger L. Grimes (Pro Hac Vice admission). Your login is: glgrimes. Go to the CM/ECF login page to set your password. (ecp) (Entered: 05/29/2018)	May 24, 2018	May 24, 2018 PACER
25	ORDER (1) GRANTING PRELIMINARY APPROVAL OF SETTLEMENT; (2) GRANTING CERTIFICATION OF SETTLEMENT CLASS; (3) DIRECTING NOTICE TO THE CLASS; AND (4) SETTING DATE FOR FAIRNESS HEARING Signed on 6/4/2018 by Judge Marco A. Hernandez. (Attachments: # 1 Exhibit Consent Decree, # 2 Exhibit Class Notice) (jp) (Entered: 06/04/2018)	June 4, 2018	June 4, 2018 Clearinghouse
26	Scheduling Order by Judge Marco A. Hernandez. The Fairness Hearing is set for 9/24/2018 at 10:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. (jp) (Entered: 06/04/2018)	June 4, 2018	June 4, 2018 PACER
27	Unopposed Motion for Attorney Fees, Expenses, and Costs. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
28	Unopposed Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
29	Declaration of Linda M. Dardarian in Support of Motion for Attorneys Fees and Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion for Attorney Fees 27, Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
30	Declaration of Timothy P. Fox in Support of Motion for Attorneys Fees. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion for Attorney Fees 27 .) (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
31	Declaration of Zack Duffly in Support of Motion for Attorneys Fees. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion for Attorney Fees 27 .) (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
32	Declaration of Alan Hines in Support of Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
33	Declaration of Tess Raunig in Support of Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
34	Declaration of CaroleZoom in Support of Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)	July 24, 2018	July 24, 2018 PACER
35	Supplemental Declaration of Linda M. Dardarian In Support Of Plaintiffs' Unopposed Motion For An Award Of Reasonable Attorneys' Fees, Expenses, And Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 27 .) (Dardarian, Linda) (Entered: 09/05/2018)	Sept. 5, 2018	Sept. 5, 2018 PACER
36	Joint Motion for Settlement Joint Motion for Order Granting Final Approval of Class Action Settlement. Filed by City of Portland. (Attachments: # 1 Proposed Order) (Evanson, Kymberly) (Entered: 09/10/2018)	Sept. 10, 2018	Sept. 10, 2018 PACER
37	Declaration of J. Scott Moede Declaration of Compliance with Notice Requirements. Filed by City of Portland. (Related document(s): Motion for Settlement 36 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Evanson, Kymberly) (Entered: 09/10/2018)	Sept. 10, 2018	Sept. 10, 2018 PACER
38	Declaration of Timothy P. Fox In Support of Joint Motion for Final Approval of Class Action Settlement. Filed by City of Portland. (Related document(s): Motion for Settlement 36 .) (Evanson, Kymberly) (Entered: 09/10/2018)	Sept. 10, 2018	Sept. 10, 2018 PACER
39	MINUTES of Proceedings: Final Approval Hearing on the Joint Motion for Order Granting Final Approval of Class Action Settlement 36,the Unopposed Motion for Attorney Fees, Expenses, and Costs 27, and the Unopposed Motion for Class Representatives' Service Awards 28 . For the reasons stated on the record, the Court concludes that the settlement is fair, reasonable, and adequate and is in the best interest of the class. The Court grants the motion for final approval and approves the proposed Final Judgment with the additional requirement, as stated on the record, that the annual report required under the Consent Decree be submitted to the Court each year. The Court grants the motion for attorney's fees/costs and the motion for class representative incentive awards as stated on the record. The attorney's fees and costs award, as well as the class representatives' award shall be incorporated into the proposed Final Judgment. Plaintiff shall email an amended proposed Final Judgment, in Word format, to the Courtroom Deputy. Linda M. Dardarian, Timothy P. Fox and Zachary R. Duffy present as counsel for plaintiff(s). J. Scott Moede present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 09/24/2018)	Sept. 24, 2018	Sept. 24, 2018 PACER
40	FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT. Signed on 9/27/2018 by Judge Marco A. Hernandez. (Attachments: # 1 Exhibit 1 - Consent Decree) (jp) (Entered: 09/27/2018)	Sept. 27, 2018	Sept. 27, 2018 Clearinghouse
41	First Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Attachments: # 1 Exhibit 2018 PBOT ADA Annual Report) (Moede, J.) (Entered: 06/28/2019)	June 28, 2019	June 28, 2019 PACER
42	Notice of Change of Address. for Timothy P. Fox Filed by Allen Hines, Tess Raunig, Carole Zoom. (Fox, Timothy) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019 PACER
43	Second Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Moede, J.) (Entered: 06/30/2020)	June 30, 2020	June 30, 2020 PACER
44	Third Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Attachments: # 1 Exhibit 1) (Moede, J.) (Entered: 06/29/2021)	June 29, 2021	June 29, 2021 PACER
45	Notice of Change of Address. Filed by All Plaintiffs. (Fox, Timothy) (Entered: 02/22/2022)	Feb. 22, 2022	Feb. 22, 2022 PACER
46	Fourth Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Moede, J.) (Entered: 06/30/2022)	June 30, 2022	June 30, 2022 PACER
47	Report	June 27, 2023	June 27, 2023 PACER
48	Withdrawal of Attorney	July 18, 2023	July 18, 2023 PACER
49	Leave to Appear Pro Hac Vice	Oct. 20, 2023	Oct. 20, 2023 PACER
	Clerk's Review of Pro Hac Vice Motion	Oct. 20, 2023	Oct. 20, 2023 PACER
	Leave to Appear Pro Hac Vice	Oct. 23, 2023	Oct. 23, 2023 PACER