Case: Lashbrook v. City of San Jose

5:20-cv-01236 | U.S. District Court for the Northern District of California

Filed Date: Feb. 19, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 19, 2020, the main plaintiff filed a complaint against the city of San Jose in the US Court for the Northern District of California alleging that the City failed to build sufficient curb ramps for people with mobility disabilities. Plaintiff is a wheelchair user who has lived in San Jose all his life, and has encountered numerous obstacles in moving around the city, including a non-flush transition at the bottom of a curb ramp in 2017 that caused his wheelchair to tip over and for h…

On February 19, 2020, the main plaintiff filed a complaint against the city of San Jose in the US Court for the Northern District of California alleging that the City failed to build sufficient curb ramps for people with mobility disabilities. Plaintiff is a wheelchair user who has lived in San Jose all his life, and has encountered numerous obstacles in moving around the city, including a non-flush transition at the bottom of a curb ramp in 2017 that caused his wheelchair to tip over and for him to lie on the street for ten minutes. He argued that the city's failure to build sufficient curb ramps at city sidewalks and other pedestrian infrastructure in the city violated Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and California state statutes that were analogous with the latter, namely California Government Code § 11135 and California Civil Code § 54. Plaintiff sought to represent a class of people with mobility disabilities who use or will use the pedestrian right of way in the city. He sought a permanent injunction requiring the City to take remedial measures to repair and maintain curb ramps, and to ensure that all new construction is in accordance with ADA requirements. The case was assigned to US Magistrate Judge Nathaniel Cousins.

On April 21, 2020, the parties jointly filed a motion for approval of a settlement agreement. The settlement proposed a settlement class of all persons (including residents of and/or visitors to the City of San Jose) with any mobility disability who, at any time prior to the Court granting final approval of the Consent Decree, had been denied full and equal access to the City’s pedestrian right of way due to the lack of a curb ramp or a curb ramp that was damaged, in need of repair, or otherwise in a condition not suitable or sufficient for use. Per the agreement, the City agreed to commit 13 million dollars each year to the construction of new curb ramps  and maintenance of the old ones, as well as to institute a system through which mobility impaired citizens could request the construction of new curb ramps or the remediation of existing ramps. Finally, the proposed settlement also included a mandatory reporting period through at least 2038. The settlement also included a damages payment to the main plaintiff of $50,000.

On May 27, 2020, US Magistrate Judge Nathaniel Cousins issued an order certifying the settlement class without modifications and approving the settlement agreement. The court also approved the payment of attorneys' fees.

The case was closed on September 2, 2020.

Summary Authors

Carlos Hurtado-Esteve (10/21/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16862706/parties/lashbrook-v-city-of-san-jose/


Judge(s)

Cousins, Nathanael M. (California)

Attorney for Plaintiff

Dardarian, Linda Mary (California)

Fox, Timothy P. (California)

Lee, Andrew Paul (California)

Attorney for Defendant

Frimann, Nora Valerie (California)

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Documents in the Clearinghouse

Document
1

5:20-cv-01236

Class Action Complaint

Feb. 19, 2020

Feb. 19, 2020

Complaint
10

5:20-cv-01236

Notice of Joint Motion and Joint Motion for Preliminary Approval of Class Action Settlement Memorandum of Points and Authorities in Support Thereof

April 21, 2020

April 21, 2020

Settlement Agreement
25

5:20-cv-01236

Order Granting Final Approval of Class Action Settlement; Awarding Attorneys' Fees and Service Award; Judgment

Sept. 2, 2020

Sept. 2, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16862706/lashbrook-v-city-of-san-jose/

Last updated Nov. 14, 2024, 11:45 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City Of San Jose ( Filing fee $ 400, receipt number 0971-14192572.). Filed byArtie Lashbrook. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Lee, Andrew) (Filed on 2/19/2020) Modified on 2/19/2020 (mbcS, COURT STAFF). (Entered: 02/19/2020)

1 Criminal Cover Sheet

View on RECAP

2 Summons

View on RECAP

Feb. 19, 2020

Feb. 19, 2020

Clearinghouse

~Util - Case Assigned by Intake

Feb. 19, 2020

Feb. 19, 2020

PACER

Electronic Filing Error

Feb. 19, 2020

Feb. 19, 2020

PACER
2

Case assigned to Judge Nathanael M. Cousins. 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 3/4/2020. (mbcS, COURT STAFF) (Filed on 2/19/2020) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
3

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (sfbS, COURT STAFF) (Filed on 2/19/2020) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER

Electronic filing error. Incorrect event used. [err101]. The summons should be uploaded separately and not as part of, or as an attachment to, the complaint or other initiating documents. This filing will not be processed by the clerks office.Please re-file in its entirety. Re:[1-2] Summons only, filed by Artie Lashbrook (sfbS, COURT STAFF) (Filed on 2/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
4

Proposed Summons. (Lee, Andrew) (Filed on 2/19/2020) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
5

Proposed Summons. (Lee, Andrew) (Filed on 2/20/2020) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
6

NOTICE of Appearance by Beth Hannah Holtzman (Holtzman, Beth) (Filed on 2/20/2020) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER

Electronic Filing Error

Feb. 21, 2020

Feb. 21, 2020

PACER

Blank>Electronic filing error. Proposed Summons cannot be issued blank, must list name and address of Defendant. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 5 Proposed Summons filed by Artie Lashbrook, 4 Proposed Summons filed by Artie Lashbrook (sfbS, COURT STAFF) (Filed on 2/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of San Jose.. (Tolentino, Elisa) (Filed on 4/1/2020) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
8

WAIVER OF SERVICE Returned Executed filed by Artie Lashbrook. Service waived by City Of San Jose waiver sent on 3/6/2020, answer due 5/5/2020. (Lee, Andrew) (Filed on 4/1/2020) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Artie Lashbrook.. (Lee, Andrew) (Filed on 4/1/2020) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
10

Joint MOTION for Settlement Notice of Joint Motion and Joint Motion for Preliminary Approval of Class Action Settlement; Memorandum of Points and Authorities in Support Thereof filed by Artie Lashbrook. Motion Hearing set for 5/27/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 5/5/2020. Replies due by 5/12/2020. (Attachments: # 1 Declaration of Linda M. Dardarian in Support of Joint Motion for Preliminary Approval of Class Action Settlement, # 2 Declaration of Timothy P. Fox in Support of Joint Motion for Preliminary Approval of Class Action Settlement, # 3 Declaration of Plaintiff Artie Lashbrook in Support of Joint Motion for Preliminary Approval of Class Action Settlement and Motion for Service Award, # 4 Proposed Order)(Lee, Andrew) (Filed on 4/21/2020) (Entered: 04/21/2020)

1 Declaration of Linda M. Dardarian in Support of Joint Motion for Preliminary App

View on PACER

2 Declaration of Timothy P. Fox in Support of Joint Motion for Preliminary Approva

View on PACER

3 Declaration of Plaintiff Artie Lashbrook in Support of Joint Motion for Prelimin

View on PACER

4 Proposed Order

View on PACER

April 21, 2020

April 21, 2020

Clearinghouse
11

CLERK'S NOTICE REGARDING HEARING SET FOR May 27, 2020, at 01:00 PM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. Any person who wishes to appear or to attend/observe the hearing may do so by joining the Zoom webinar using the links and/or dial-in information below. Parties will be instructed use the raise hand function in order make their appearance at the hearing. https://us02web.zoom.us/j/83711349993?pwd=Rm93WjE5bnkzT2N2YkNEejlMVEdYUT09Meeting ID: 837 1134 9993Password: 994366Dial by your location +1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjo Please see [ https://www.cand.uscourts.gov/zoom/ ] for information on preparing for and participating in a Zoom Webinar. Counsel are instructed to familiarize themselves with and practice Zoom Webinar functions, and to test their internet, video, and audio capabilities prior to the hearing. PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding, including screenshots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lmh, COURT STAFF) (Filed on 5/22/2020) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

~Util - Teleconference Zoom AND Clerk's Notice

May 22, 2020

May 22, 2020

PACER
12

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 5/27/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://us02web.zoom.us/j/83711349993?pwd=Rm93WjE5bnkzT2N2YkNEejlMVEdYUT09Meeting ID: 837 1134 9993Password: 994366Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/.Set/Reset Deadlines as to 10 Joint MOTION for Settlement Notice of Joint Motion and Joint Motion for Preliminary Approval of Class Actio n Settlement; Memorandum of Points and Authorities in Support Thereof. Motion Hearing set for 5/27/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/26/2020) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

May 26, 2020

May 26, 2020

PACER
13

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing held on 5/27/2020 by Zoom Webinar. The Court held a hearing on 10 Joint Motion for Preliminary Approval of Class Action Settlement. Court to issue written order granting motion. Attorneys for Plaintiff: Linda Mary Dardarian, Andrew Lee, Timothy Fox. Attorney for Defendant: Nora Frimann. Court Reporter: Lee-Anne Shortridge (Zoom Webinar recording to 1:40pm) Total Time in Court: 32 mins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 5/27/2020) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
14

ORDER GRANTING Preliminary Approval of Class Action Settlement. Re: Dkt. No. 10 . Fairness Hearing set for 9/2/2020, at 01:00 PM. Signed by Judge Nathanael Cousins. (lmhS, COURT STAFF) (Filed on 5/27/2020) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP

1 - Terminate Hearings AND Motion Hearing

May 27, 2020

May 27, 2020

PACER
15

TRANSCRIPT ORDER for proceedings held on 05/27/2020 before Judge Nathanael M. Cousins by Artie Lashbrook, for Court Reporter Lee-Anne Shortridge. (Dardarian, Linda) (Filed on 5/28/2020) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
16

TRANSCRIPT ORDER for proceedings held on 05/27/2020 before Judge Nathanael M. Cousins by City Of San Jose, for Court Reporter Lee-Anne Shortridge. (Frimann, Nora) (Filed on 6/3/2020) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
17

Transcript of Zoom Proceedings held on 5-27-20, before Judge Nathanael Cousins. Court Reporter Lee-Anne Shortridge, telephone number e-mail: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 15 Transcript Order ) Release of Transcript Restriction set for 9/9/2020. (Related documents(s) 15 ) (lasS, COURT STAFF) (Filed on 6/11/2020) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
18

STIPULATION WITH PROPOSED ORDER filed by City Of San Jose. (Tolentino, Elisa) (Filed on 6/26/2020) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
19

ORDER GRANTING 18 STIPULATION that the Court may amend its Order to allow the City to commence publication of the approved Notice of Settlement on or before 6/30/2020. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/26/2020) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
20

MOTION for Service Award filed by Artie Lashbrook. Motion Hearing set for 9/2/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 7/24/2020. Replies due by 7/31/2020. (Attachments: # 1 Proposed Order)(Dardarian, Linda) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
21

MOTION for Attorney Fees, Costs and Expenses filed by Artie Lashbrook. Motion Hearing set for 9/2/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 7/24/2020. Replies due by 7/31/2020. (Attachments: # 1 Declaration of Linda M. Dardarian, # 2 Declaration of Timothy P. Fox, # 3 Proposed Order)(Dardarian, Linda) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
22

Joint MOTION Approval of Class Action Settlement filed by Artie Lashbrook. Motion Hearing set for 9/2/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 8/28/2020. Replies due by 8/28/2020. (Attachments: # 1 Proposed Order, # 2 Declaration of Linda M. Dardarian, # 3 Declaration of Elisa Tolentino, # 4 Declaration of Stuart Kirkpatrick)(Dardarian, Linda) (Filed on 8/28/2020) (Entered: 08/28/2020)

1 Proposed Order

View on RECAP

2 Declaration of Linda M. Dardarian

View on RECAP

3 Declaration of Elisa Tolentino

View on RECAP

4 Declaration of Stuart Kirkpatrick

View on RECAP

Aug. 28, 2020

Aug. 28, 2020

RECAP
23

CLERKS NOTICE SETTING ZOOM HEARING. The hearing set for 9/2/2020, at 01:00 PM re: 20 Motion for Service Award; 21 Motion for Attorney's Fees; 22 Joint Motion for Approval of Class Action Settlement before Judge Nathanael Cousins 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/nc 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/. Fairness Hearing set for 9/2/2020 01:00 PM before Judge Nathanael M. Cousins. (Related documents(s) 21, 20, 22 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 31, 2020

Aug. 31, 2020

PACER
24

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re 21 Joint Motion for Approval of Class Action Settlement held via Zoom webinar on 9/2/2020. Parties inform the Court there were no objections received. Court to issue order and judgment. Attorneys for Plaintiff: Andrew Lee, Linda Dardarian, Tim Fox. Attorney for Defendant: Elise Tolentino. Court Reporter: Summer Fisher. Total Time in Court: 10 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
25

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT; AWARDING ATTORNEYS' FEES AND SERVICE AWARD; JUDGMENT. Re: Dkt. Nos. 20, 21, 22 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

Clearinghouse

***Civil Case Terminated pursuant to 25 Order Granting Final Approval of Class Action Settlement. (lmh, COURT STAFF) (Filed on 9/2/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Fairness Hearing AND 1 - Terminate Hearings AND Motion Hearing

Sept. 2, 2020

Sept. 2, 2020

PACER

1 - Terminate Hearings AND Motion Hearing AND Fairness Hearing

Sept. 2, 2020

Sept. 2, 2020

PACER

1 - Terminate Hearings AND Fairness Hearing AND Motion Hearing

Sept. 2, 2020

Sept. 2, 2020

PACER

Terminate Civil Case

Sept. 2, 2020

Sept. 2, 2020

PACER
26

NOTICE of Change of Address by Andrew Paul Lee (Lee, Andrew) (Filed on 11/13/2020) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
27

NOTICE of Change In Counsel by Linda Mary Dardarian (Dardarian, Linda) (Filed on 12/3/2020) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
28

NOTICE of Change of Address by Timothy P. Fox (Fox, Timothy) (Filed on 9/28/2021) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
29

NOTICE of Change of Address by Timothy P. Fox (Fox, Timothy) (Filed on 1/24/2022) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Public Accommodations/Contracting

Key Dates

Filing Date: Feb. 19, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Artie Lashbrook is an individual from the City of San Jose who is mobility impaired and must use a wheelchair.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of San Jose (San Jose), City

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Amount Defendant Pays: $784,627.50

Issues

Disability and Disability Rights:

Mobility impairment