Case: Senior and Disability Action v. San Francisco Bay Area Rapid Transit District

3:17-cv-01876 | U.S. District Court for the Northern District of California

Filed Date: April 5, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 5, 2017, disability rights organizations, Senior and Disability Action and Independent Living Resource Center of San Francisco, and two individuals with disabilities who lived in the San Francisco Bay Area Rapid Transit District (“BART”) service area filed a class action lawsuit against BART and the BART general manager. The plaintiffs claimed that BART violated Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Rehab Act”) as well as th…

On April 5, 2017, disability rights organizations, Senior and Disability Action and Independent Living Resource Center of San Francisco, and two individuals with disabilities who lived in the San Francisco Bay Area Rapid Transit District (“BART”) service area filed a class action lawsuit against BART and the BART general manager. The plaintiffs claimed that BART violated Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Rehab Act”) as well as the California Unruh Civil Rights Act and the California anti-discrimination law. Specifically, plaintiffs alleged that BART failed to make its fixed route transit system readily accessible to and usable by persons with mobility disabilities by failing to maintain accessible station features, to repair accessible features, to take reasonable steps to accommodate people with disabilities, to provide accurate and adequate information, to inspect and clean elevators, and to implement a plan for safe evacuation of passengers with disabilities. Represented by public interest law firms, Disability Rights Advocates and Legal Aid at Work, plaintiffs sought declaratory and injunctive relief, and attorneys’ fees and costs in the U.S. District Court of the Northern District of California. Plaintiffs also sought certification for a class of “all persons with mobility disabilities who have been and/or are being denied the right to full and equal access to and use and enjoyment of the BART fixed route system due to the access violations.”

The parties participated in an Alternative Dispute Resolution phone conference on August 21, 2017. Plaintiffs participated in several settlement and case management conferences and hearings under the supervision of Magistrate Judge Laurel Beeler for six years. These conferences took place in September 2017; December 2017; April 2018; August 2018; March 2019; June 2019 ; October 2019; July 2020; July 2021; and May 2023.

On September 21, 2023, the parties filed a joint statement to the Court explaining that they reached a settlement. Soon after, on October 20th, the parties filed a joint motion for settlement, preliminary approval, certification of settlement class, directing notice to class, and to set a fairness hearing. Magistrate Judge Beeler granted the order on November 30th. The order certified a settlement class of “All people with Mobility Disabilities who, at any time between April 5, 2014, and the end of this Settlement’s Term, have needed to use or will need to use the Accessible Features of BART’s facilities.” 

On January 19, 2024, Plaintiffs filed a motion for attorneys’ fees in the amount of $825,000. On April 4, 2024, the parties filed a joint motion for final approval of a settlement. The settlement provided that BART would repair and maintain elevators and escalators within fifteen years, adequately clean stations and elevators, develop an outage communication and mitigation plan, develop an emergency preparedness plan, improve accessibility features in stations, train personnel to ensure compliance with ADA, Rehab Act, and state requirements, and implement a phone line for patrons to report accessibility problems. The settlement also provided that BART would pay named individual plaintiffs $7,500 each and organizational plaintiffs $15,000 each. The settlement set forth a schedule for BART to provide annual progress reports to class counsel for the settlement term. Finally, the settlement agreement provided that parties would meet annually for the first five years of the settlement term, and BART would pay class counsel $12,500 per year for years 1-5 of the settlement term, and $10,000 per year for the remainder of the settlement term.

Judge Beeler granted the motions for attorneys’ fees and final settlement agreement on April 18, 2024.

Pursuant to the settlement agreement, BART remains monitored by class counsel and Magistrate Judge Beeler retains jurisdiction for enforcement. 

Summary Authors

Marisa London (4/14/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4669941/parties/senior-and-disability-action-v-san-francisco-bay-area-rapid-transit/


Judge(s)

Beeler, Laurel D. (California)

Attorney for Plaintiff

Allen, Kevin Patrick (California)

Allen, Dale L. (California)

Alvarez, Alexis Michelle (California)

Antar, Mark Nathan (California)

Attorney for Defendant

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4669941/senior-and-disability-action-v-san-francisco-bay-area-rapid-transit/

Last updated Aug. 11, 2025, 5:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Grace Crunican, San Francisco Bay Area Rapid Transit District ( Filing fee $ 400, receipt number 0971-11289613.). Filed byIan Smith, Senior and Disability Action, Pi Ra, Independent Living Resource Center of San Francisco. (Attachments: # 1 Civil Cover Sheet)(Williford, Rebecca) (Filed on 4/5/2017) (Entered: 04/05/2017)

1 Civil Cover Sheet

View on PACER

April 5, 2017

April 5, 2017

Clearinghouse

~Util - Case Assigned by Intake

April 5, 2017

April 5, 2017

PACER
2

Proposed Summons. (Williford, Rebecca) (Filed on 4/5/2017) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

RECAP
3

Application for Refund, Receipt Number 0971-11289526 by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Williford, Rebecca) (Filed on 4/5/2017) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

RECAP
4

Case assigned to Hon. Vince Chhabria. 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. (srnS, COURT STAFF) (Filed on 4/5/2017) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
5

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (Attachments: # 1 Notice of Eligibility for Video Recording)(farS, COURT STAFF) (Filed on 4/5/2017) (Entered: 04/05/2017)

1 Notice of Eligibility for Video Recording

View on PACER

April 5, 2017

April 5, 2017

RECAP
6

Summons Issued as to Grace Crunican, San Francisco Bay Area Rapid Transit District. (farS, COURT STAFF) (Filed on 4/5/2017) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

RECAP
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11290763.) filed by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Attachments: # 1 Certificate/Proof of Service)(Caiola, Michelle) (Filed on 4/5/2017) (Entered: 04/05/2017)

1 Certificate/Proof of Service

View on PACER

April 5, 2017

April 5, 2017

RECAP
8

CLERK'S NOTICE SCHEDULING DEADLINE TO FILE JOINT STATUS REPORT. Status Report due by 10/5/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 4/11/2017) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER

Clerk's Notice

April 11, 2017

April 11, 2017

PACER
9

Order by Hon. Vince Chhabria granting 7 Motion for Pro Hac Vice - Caiola.(knm, COURT STAFF) (Filed on 4/11/2017) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

RECAP
10

NOTICE of Appearance by Rachael Michelle Langston (Langston, Rachael) (Filed on 4/12/2017) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
11

NOTICE of Appearance by Jinny Kim (Kim, Jinny) (Filed on 4/12/2017) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
12

NOTICE of Appearance by Sean Paul Betouliere (Betouliere, Sean) (Filed on 4/12/2017) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
13

Refund re 3 Application for Refund denied. (farS, COURT STAFF) (Filed on 4/12/2017) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

RECAP
14

Application for Refund, Receipt Number 0971-11289526 by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Williford, Rebecca) (Filed on 4/12/2017) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

RECAP
15

Refund re 14 Application for Refund approved. (farS, COURT STAFF) (Filed on 4/19/2017) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
16

SUMMONS Returned Executed by Ian Smith, Senior and Disability Action, Pi Ra, Independent Living Resource Center of San Francisco. Grace Crunican served on 4/12/2017, answer due 5/3/2017. (Kim, Jinny) (Filed on 4/24/2017) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
17

SUMMONS Returned Executed by Ian Smith, Senior and Disability Action, Pi Ra, Independent Living Resource Center of San Francisco. San Francisco Bay Area Rapid Transit District served on 4/12/2017, answer due 5/3/2017. (Kim, Jinny) (Filed on 4/24/2017) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

RECAP
18

Certificate of Interested Entities by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith [Non-Interested Entities] (Kim, Jinny) (Filed on 4/24/2017) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
19

STIPULATION To Extend Time to Respond to Complaint filed by Grace Crunican, San Francisco Bay Area Rapid Transit District. (Eldredge, Jonathan) (Filed on 5/1/2017) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
20

ANSWER to Complaint byGrace Crunican, San Francisco Bay Area Rapid Transit District. (Eldredge, Jonathan) (Filed on 5/10/2017) Modified on 5/11/2017 (farS, COURT STAFF). (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
21

NOTICE of Appearance by Victoria Rose Nuetzel (Nuetzel, Victoria) (Filed on 6/2/2017) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
22

NOTICE of Appearance by Clement L. Glynn (Glynn, Clement) (Filed on 6/2/2017) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
23

STIPULATION WITH PROPOSED ORDER filed by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Attachments: # 1 Proposed Order)(Williford, Rebecca) (Filed on 6/15/2017) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
24

STIPULATION WITH PROPOSED ORDER PROTECTIVE ORDER filed by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Williford, Rebecca) (Filed on 6/16/2017) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
25

ORDER VACATING GENERAL ORDER DEADLINES AND SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Vince Chhabria on 6/19/2017. (knm, COURT STAFF) (Filed on 6/19/2017) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER

Set Deadlines/Hearings

June 19, 2017

June 19, 2017

PACER

ADR Remark

June 19, 2017

June 19, 2017

PACER

Set Deadlines/Hearings: Case Management Statement due by 8/15/2017. Initial Case Management Conference set for 8/22/2017 01:30 PM in Courtroom 4, 17th Floor, San Francisco. (knm, COURT STAFF) (Filed on 6/19/2017)

June 19, 2017

June 19, 2017

PACER
26

Order by Hon. Vince Chhabria granting 24 Stipulated Protective Order.(knm, COURT STAFF) (Filed on 6/19/2017) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
27

ADR Remark: Case assigned to ADR Multi-Option Program 25 . (af, COURT STAFF) (Filed on 6/19/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
28

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kim, Jinny) (Filed on 8/1/2017) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER

Case Referred to Mediation

Aug. 1, 2017

Aug. 1, 2017

PACER
29

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Jessica Lehman Certification) (Kim, Jinny) (Filed on 8/1/2017) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
30

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ian Smith Certification) (Kim, Jinny) (Filed on 8/1/2017) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
31

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Kim, Jinny) (Filed on 8/1/2017) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER

***PLEASE DISREGARD. FILED IN ERROR. CASE IS NOT REFERRED TO MEDIATION*** CASE REFERRED to Mediation 31 . The deadline to complete the mediation is October 30, 2017. (af, COURT STAFF) (Filed on 8/1/2017) Modified on 8/1/2017 (af, COURT STAFF).

Aug. 1, 2017

Aug. 1, 2017

PACER
32

ADR Clerk's Notice Setting ADR Phone Conference on Friday, August 18, 2017, at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 8/1/2017) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
33

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pi Ra) (Kim, Jinny) (Filed on 8/1/2017) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
34

ADR Remark: The ADR Phone Conference that was scheduled on August 18, 2017, has been RESCHEDULED to August 21, 2017, at 11:00 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 8/3/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER

ADR Remark

Aug. 3, 2017

Aug. 3, 2017

PACER
35

JOINT CASE MANAGEMENT STATEMENT filed by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Kim, Jinny) (Filed on 8/14/2017) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
36

ADR Remark: ADR Phone Conference held by Howard Herman on August 21, 2017. (af, COURT STAFF) (Filed on 8/21/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER

ADR Remark: ADR Phone Conference held

Aug. 21, 2017

Aug. 21, 2017

PACER
37

Minute Entry for proceedings held before Hon. Vince Chhabria: Initial Case Management Conference held on 8/22/2017. CASE REFERRED directly to Magistrate Judge Laurel Beeler for an early Settlement Conference to occur as soon as possible. Discovery is stayed for 90 days. Case Management Statement due by 10/10/2017 (and may be a supplement). Further Case Management Conference set for 10/17/2017 01:30 PM in Courtroom 4, 17th Floor, San Francisco. FTR Time 2:14- 2:44. Plaintiff Attorneys: Sean Betouliere, Jinny Kim, Rachael Langston. Defendant Attorney: Clement Glynn. This is a text-only Minute Entry (knm, COURT STAFF) (Date Filed: 8/22/2017) (Entered: 08/24/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
38

ORDER Settlement Conference set for 9/7/2017 10:15 AM.The court received a referral for an early settlement conference. The court ordinarily has a scheduling call on Thursdays to work out the timing and logistics of settlement conferences. The court is not available on 8/31 and so sets the call for 9/7 at 11:00 a.m. That said, if the parties are available later today or tomorrow for a short call, the court thinks it better to talk earlier (if only to claim an early settlement date before someone else does). (The court has some unexpected availability because a trial settled.) If the parties confer and settle on a time, they may email it to lbpo@cand.uscourts.gov and call 415-522-4660 to alert court staff that they sent an email. (Beeler, Laurel) (Filed on 8/24/2017) (This is a text-only entry. No document is attached.) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER

Case Referred to Magistrate Judge for Settlement

Aug. 24, 2017

Aug. 24, 2017

PACER

Case Management Conference - Initial AND ~Util - Case Referred to Magistrate-Judge for Settlement Conference AND ~Util - Set Deadlines/Hearings

Aug. 24, 2017

Aug. 24, 2017

PACER

Order AND ~Util - Set Hearings

Aug. 24, 2017

Aug. 24, 2017

PACER

Settlement Conference

Aug. 24, 2017

Aug. 24, 2017

PACER

CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahm, COURT STAFF) (Filed on 8/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
39

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 8/24/2017. The court held a scheduling call with the parties, discussed logistics and attendance, and set the settlement conference for 9/12/2017 at 10:00 a.m. Total Time in Court: 30 Minutes. Not Reported. Plaintiff's Attorneys: Jinny Kim, Rachael Langston, Rebecca Williford. Defendant's Attorney: Clement L. Glynn. This is a text-only Minute Entry. There is no pdf image associated with this entry. (afmS, COURT STAFF) (Date Filed: 8/24/2017) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
40

Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 9/12/2017 10:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Judge Laurel Beeler on 8/24/2017. (afmS, COURT STAFF) (Filed on 8/24/2017) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
41

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 9/12/2017. Further Settlement Conference set for 10/23/2017 10:00 AM in Courtroom C, 15th Floor, San Francisco.The court held a settlement conference with the parties and scheduled a second settlement conference for 10/23/2017 at 10:00 a.m. The parties devised a schedule for exchange of information to occur by 9/26/2017. Thereafter, the parties will confer on their responses to the exchange of information to ensure that everyone has the information that they need before reconvening on 10/23/2017. The parties may schedule an interim call with the court if that would be helpful. The parties must email a short update to the court to lbpo@cand.uscourts.gov by 10/19/2017.Total Time in Court: 6.5 hours. Court Reporter Name: Not Reported. Plaintiffs' Attorneys: Jinny Kim and Rebecca Williford (with Jessica Layman and Pi Ra). Defendant's Attorney: Clement Gynn (with Vicki Neutzel, Paul Oversier, and Tamar Allen). (This is a text-only Minute Entry)(Beeler, Laurel) (Date Filed: 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER

1 - Terminate Hearings AND Settlement Conference AND ~Util - Set Hearings

Sept. 12, 2017

Sept. 12, 2017

PACER
42

ORDER.The court reminds the parties that they must bring the same client representatives to the next settlement conference on 10/23/2017. The court thinks that the mix was productive. (Beeler, Laurel) (Filed on 9/21/2017) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER

Order

Sept. 21, 2017

Sept. 21, 2017

PACER
43

JOINT CASE MANAGEMENT STATEMENT [SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND PROPOSED ORDER ] filed by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Kim, Jinny) (Filed on 10/10/2017) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
44

ORDER AS MODIFIED RE JOINT SUPPLEMENTAL CASE MANAGEMENT STATEMENT. Case Management Statement due by 11/21/2017. Further Case Management Conference set for 11/28/2017 01:30 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 10/11/2017. (knm, COURT STAFF) (Filed on 10/11/2017) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
45

CLERK'S NOTICE RESCHEDULING SETTLEMENT CONFERENCE: Pursuant to the parties' request, the court resets the Settlement Conference from 10/23/2017 to 12/15/2017, at 10:00 AM in Courtroom C, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER

Clerk's Notice

Oct. 18, 2017

Oct. 18, 2017

PACER
46

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/9/2018. Further Case Management Conference set for 1/16/2018 01:30 PM in Courtroom 4, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER

Clerk's Notice

Nov. 20, 2017

Nov. 20, 2017

PACER
47

ORDER.The parties must provide their updates (with only new information and not any information from the earlier settlement briefs) to the court by noon on 12/12/2017. They may email the updates to lbpo@cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 12/6/2017) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER

Order

Dec. 6, 2017

Dec. 6, 2017

PACER
48

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 12/15/2017. Further Settlement Conference set for 2/16/2018 10:00 AM in Courtroom C, 15th Floor, San Francisco.Total Time in Court: 5:45 hours. Court Reporter: Not reported. Plaintiffs' Attorneys: Jinny Kim, Sid Wolinsky, Rebecca Williford, and Rachel Langston (with clients Jessica Lehman and Pi Ra). Defendants' Attorney: Clem Glynn (with clients Victoria Nuetzel, Paul Overseer, Tamar Allen, Bob Franklin, and Tera Hankins). The court held a further settlement conference with the parties. The defendants will generate a written document about the issues to date and circulate it as soon as is practicable and by January 15 at the latest. The plaintiffs will do the same for the evacuation-plan issue. The parties will confer at the end of January, update the court with any new information a week before the next settlement conference (if possible) and in any event by noon on February 14, 2018 and reconvene for an in-person settlement conference on February 16, 2018. At the parties' request, the court will contact the trial judge and ask him to sua sponte continue the CMC now scheduled for 1/16/2017 to accommodate the settlement process. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Date Filed: 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER

Settlement Conference AND ~Util - Set Hearings

Dec. 15, 2017

Dec. 15, 2017

PACER
49

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: Settlement Conference reset from 2/16/2018 to 2/12/2018 at 10:00 AM in Courtroom C, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 12/18/2017) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER

Clerk's Notice

Dec. 18, 2017

Dec. 18, 2017

PACER
50

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/13/2018. Further Case Management Conference set for 3/20/2018 01:30 PM in Courtroom 4, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 12/19/2017) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER

Clerk's Notice

Dec. 19, 2017

Dec. 19, 2017

PACER
51

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: The court had further settlement communications with the parties. Given the continued settlement negotiations, and at the parties' suggestion, the court resets the 2/12/2018 settlement conference to 4/3/2018 at 10:00 a.m. in San Francisco, Courtroom C, 15th Floor. At the parties' request, the court will contact the trial judge and ask him to sua sponte continue the CMC now scheduled for 3/20/2018 to accommodate the settlement process. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER

Clerk's Notice

Feb. 6, 2018

Feb. 6, 2018

PACER
52

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANANAGEMENT CONFERENCE. Case Management Statement due by 4/24/2018. Further Case Management Conference set for 5/1/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
53

CLERK'S NOTICE Rescheduling Time of Settlement Conference. The court advances the start time of the settlement conference from 10:00 a.m. to 9:30 a.m. for the reasons set forth in the court's separate emails to the parties about the overall time allotted for the settlement conference. Settlement Conference set for 4/3/2018, at 09:30 AM in San Francisco, Courtroom C, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmiS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER

Terminate Deadlines

April 2, 2018

April 2, 2018

PACER

Clerk's Notice

April 2, 2018

April 2, 2018

PACER

Set/Reset Hearings AND Terminate Deadlines

April 2, 2018

April 2, 2018

PACER

***Deadlines terminated. Set/Reset Hearing: Settlement Conference set for 4/3/2018, at 09:30 AM in San Francisco, Courtroom C, 15th Floor. (tmiS, COURT STAFF) (Filed on 4/2/2018)

April 2, 2018

April 2, 2018

PACER
54

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 4/3/2018. The court had a further settlement conference on 4/3/2018 with the parties. The parties will exchange the round-one documents in two weeks and the round-two documents ten business days after that. The plaintiffs will provide an email within two days with any remaining issues other than the six issues discussed today. The plaintiffs will also draft a document that objectively memorializes the progress to date and that has place holders for unresolved issues. The parties will confer on May 11. The court sets a further in-person settlement conference for 6/5/2018 at 10:00 a.m. The court will ask the trial judge to reset the 5/1/2018 CMC to a date that is after the court's further in-person settlement conference. Total Time in Court: 3 hours, 30 minutes. Not Reported. Plaintiffs' Attorneys: Jinny Kim, Rachael Langston and Sean Betouliere.Also appearing: Plaintiff Ian Smith assisted by Cindy Bender and Anna Mindess, Certified ASL Interpreter, Sid Wolinsky, Jessica Lehman, Bob Franklin and Laura Timothy. Defendants' Attorneys: Clement Glynn, Jon Eldredge and Victoria Nuetzel. Also appearing: Tamar Allen and Paul Oversier. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 4/3/2018) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER

Settlement Conference AND ~Util - Set Hearings

April 3, 2018

April 3, 2018

PACER
55

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/19/2018. Further Case Management Conference set for 6/26/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER

Clerk's Notice

April 4, 2018

April 4, 2018

PACER
56

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: The court has an unexpected conflict with the date for the settlement conference, vacates the settlement date, and sets a scheduling call for 6/28/2018 at 02:15PM, and will circulate a call-in number by separate email. In the interim, the parties can try to work out a date with courtroom deputy Elaine Kabiling at lbcrd@cand.uscourts.gov. She has a list of available dates. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/22/2018) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
57

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 8/8/2018 at 10:00 AM in San Francisco, Courtroom C, 15th Floor. The settlement conference call previously set for 6/28/2018 is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/30/2018) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
58

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE TO A DATE AFTER THE FURTHER SETTLEMENT CONFERENCE. Case Management Statement due by 8/21/2018. Further Case Management Conference set for 8/28/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 5/31/2018) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
59

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 8/8/2018. The court held a further in-person settlement conference with the parties and went through each point of the proposed relief. The parties' negotiations were productive, and the parties seem close to reaching agreement on the substantive terms (paragraphs 25 to 101). The defendants will circulate their redline memorializing the negotiation on the terms (and include their comments on the rest of the draft agreement) as soon as is practicable and in any event by 8/31/2018. (The time is needed because there are different client constituents who need to weigh in on the substantive relief.) By 9/14/2018, the plaintiffs will send a redline back to the defendants and will redline as much as possible and will identify issues that need further discussion. On 9/21/2018 at 10:00 a.m., the parties will meet in person at BART's office. The parties will schedule a further in-person conference as soon as possible after that meeting. The court will circulate proposed dates to the parties by separate email. The court will contact the assigned judge and ask him to sua sponte continue the CMC now set for 8/28/2018 to a date that will allow this settlement process.Total Time in Court: 3 hours, 30 minutes. Not Reported. Plaintiffs' Attorneys: Jinny Kim, Rachael Langston, Rebecca Williford and Sean Betouliere. Defendants' Attorneys: Jon Eldredge and Clement Glynn.Also Appearing: Victoria Nuetzel, Tamar Allen and Laura Timothy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 8/8/2018) (Entered: 08/09/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
60

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/16/2018. Further Case Management Conference set for 10/23/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 8/9/2018) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
61

CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE TO 11/13/2018. Case Management Statement due by 11/6/2018. In-Person Further Case Management Conference set for 11/13/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 10/2/2018) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
62

CLERK'S NOTICE RESCHEDULING THE TIME FOR THE CASE MANAGEMENT CONFERENCE AND CONVERTING THE HEARING TO A TELEPHONIC CASE MANAGEMENT CONFERENCE: The matter is rescheduled to the following time due to one or more parties requesting to appear telephonically at the hearing. Plaintiff shall provide the Court and all other parties a conference line and applicable access code to use during the hearing no later than three court days prior to the case management conference by way of email to the Court (vccrd@cand.uscourts.gov) with a cc to opposing counsel. Telephonic Further Case Management Conference set for 11/13/2018 02:30 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/6/2018) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
63

JOINT CASE MANAGEMENT STATEMENT filed by Grace Crunican, San Francisco Bay Area Rapid Transit District. (Eldredge, Jonathan) (Filed on 11/6/2018) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
64

Minute Entry for proceedings held before Judge Vince Chhabria: Telephonic Further Case Management Conference held on 11/13/2018. The parties are still working towards a resolution with the assitance if Judge Beeler. Joint updated Case Management Statement due by 2/12/2019. In-person Further Case Management Conference set for 2/19/2019 01:30 PM in San Francisco, Courtroom 04, 17th Floor. The parties may request to convert the hearing to a telephonic CMC if a resolution has not been reached or there is not a great deal to discuss.Total Time in Court: 7 minutes. Hearing not reported or recorded. Plaintiff Attorney: Jinny Kim and Rachael Langston. Defendant Attorney: Clement Glynn and Jonathan Eldredge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 11/13/2018) (Entered: 11/14/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
65

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith.. (Attachments: # 1 Proposed Order Proposed Order Granting Reassignment to United States Magistrate Judge Laurel Beeler)(Kim, Jinny) (Filed on 2/7/2019) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

RECAP
66

ORDER GRANTING REASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE LAUREL BEELER. Signed by Judge Vince Chhabria on 2/8/2019. (knm, COURT STAFF) (Filed on 2/8/2019) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
67

ORDER, Case reassigned to Magistrate Judge Laurel Beeler. Judge Vince Chhabria no longer assigned to the case.. Signed by Executive Committee on 2/8/19. (haS, COURT STAFF) (Filed on 2/8/2019) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
68

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE: As a calendaring device, the court sets a CMC for 3/28/2019 at 11:00 a.m. and asks for a short update by 3/21/2019 with the parties' progress. The parties are welcome to contact the court in the interim period to set an early conference. Further Case Management Conference set for 3/28/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 3/21/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/8/2019) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
69

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 3/28/2019 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER

Clerk's Notice

March 18, 2019

March 18, 2019

PACER
70

JOINT CASE MANAGEMENT STATEMENT filed by Independent Living Resource Center of San Francisco, Pi Ra, Senior and Disability Action, Ian Smith. (Kim, Jinny) (Filed on 3/21/2019) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: April 5, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Non-profit organizations San Diego Country Estates and Independent Living Resource Center of San Francisco and two named individual plaintiffs

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

San Francisco Bay Area Rapid Transit District (San Francisco, San Francisco), County

Defendant Type(s):

Transportation

Facility Type(s):

Government-run

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Amount Defendant Pays: $870,000

Order Duration: 2024 - None

Issues

General/Misc.:

Access to public accommodations - governmental

Pattern or Practice

Transportation

Disability and Disability Rights:

Disability, unspecified

Reasonable Accommodations

Reasonable Modifications

Discrimination Area:

Disparate Impact

Discrimination Basis:

Disability (inc. reasonable accommodations)