Case: Curran v. Oakland

3:23-cv-02354 | U.S. District Court for the Northern District of California

Filed Date: May 15, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about systemic discrimination against individuals with mobility disabilities in Oakland's public pedestrian pathways. On May 15, 2023, two individuals with mobility disabilities filed suit against the City of Oakland in the U.S. District Court for the Northern District of California. The plaintiffs sued the City of Oakland under Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and California Government Code § 11135. Represent…

This is a case about systemic discrimination against individuals with mobility disabilities in Oakland's public pedestrian pathways. On May 15, 2023, two individuals with mobility disabilities filed suit against the City of Oakland in the U.S. District Court for the Northern District of California. The plaintiffs sued the City of Oakland under Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and California Government Code § 11135. Represented by a coalition of attorneys specializing in civil rights and disability law, including Disability Rights Advocates, the plaintiffs sought declaratory and injunctive relief to end the city's alleged discriminatory practices, compensatory damages, reasonable attorney's fees, and class action status on behalf s similarly situated individuals with mobility disabilities. They claimed that Oakland's failure to maintain accessible pedestrian rights of way, including sidewalks, curb ramps, crosswalks, and other walkways, has systematically denied them full and equal access, violating federal and state disability access laws.

The complaint detailed pervasive and hazardous conditions across the city's pedestrian infrastructure that allegedly violate accessibility standards required by law. These conditions include non-compliant curb ramps, obstructed or insufficiently maintained sidewalks, and other barriers that impede mobility and pose safety risks. The plaintiffs argued that Oakland's neglect of its pedestrian pathways not only violates specific provisions of federal and state disability laws but also subjects them to danger, exclusion, and diminished quality of life. Specific examples of the alleged barriers include uplifted sidewalks, inaccessible curb ramps with steep slopes, and sidewalks obstructed by various obstacles, all of which significantly impeded the plaintiffs' ability to navigate the city safely. The complaint also highlighted the city's alleged failure to address these issues despite being aware of them, accusing Oakland of failing to implement a comprehensive plan to make public walkways accessible to people with disabilities.

The lawsuit emphasized the broader impact of Oakland's inaccessible pedestrian infrastructure on the plaintiffs' independence, social inclusion, and equal participation in public life. It argued that the city's actions—or lack thereof—contributed to the isolation and segregation of people with mobility disabilities, contravening the core objectives of the ADA and related laws aimed at ensuring full and equal access to public facilities and accommodations. The plaintiffs sought judicial intervention to mandate Oakland to comply with accessibility laws, rectify the identified access barriers, and establish clear, enforceable timelines and standards for making its pedestrian rights of way fully accessible to people with mobility disabilities.

This case is ongoing.

Summary Authors

Carlos Larrauri (2/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67389179/parties/curran-v-oakland/


Judge(s)
Attorney for Plaintiff

Bichell, Rosa Lee (California)

Cabalo, Catherine M. (California)

Dardarian, Linda Mary (California)

Kim, Jinny (California)

Lee, Andrew Paul (California)

Attorney for Defendant

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67389179/curran-v-oakland/

Last updated Aug. 8, 2025, 4:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Oakland ( Filing fee $ 402, receipt number ACANDC-18265201.). Filed byMichael Curran, Nicole Brown-Booker. (Attachments: # 1 Civil Cover Sheet)(Wallace, Guy) (Filed on 5/15/2023) (Entered: 05/15/2023)

1 Civil Cover Sheet

View on PACER

May 15, 2023

May 15, 2023

Clearinghouse

~Util - Case Assigned by Intake

May 15, 2023

May 15, 2023

PACER
2

Proposed Summons. (Wallace, Guy) (Filed on 5/15/2023) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
3

Case assigned to Magistrate Judge Kandis A. Westmore. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/30/2023. (bw, COURT STAFF) (Filed on 5/15/2023) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
4

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (cv, COURT STAFF) (Filed on 5/15/2023) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
5

Summons Issued as to City of Oakland. (cv, COURT STAFF) (Filed on 5/15/2023) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

PACER
6

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nicole Brown-Booker, Michael Curran.. (Wallace, Guy) (Filed on 5/17/2023) (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER

Clerk's Notice of Impending Reassignment - Text Only

May 17, 2023

May 17, 2023

PACER
7

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 5/17/2023) (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
8

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by Clerk on 05/17/2023. (bar, COURT STAFF) (Filed on 5/17/2023) (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
9

NOTICE of Appearance by Rosa Lee Vetters Bichell on Behalf of Plaintiffs (Bichell, Rosa Lee) (Filed on 5/18/2023) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
10

NOTICE of Appearance by Jinny Kim on Behalf of Plaintiffs (Kim, Jinny) (Filed on 5/18/2023) (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
11

NOTICE of Appearance by Linda Mary Dardarian (Dardarian, Linda) (Filed on 5/19/2023) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
12

NOTICE of Appearance by Andrew Paul Lee (Lee, Andrew) (Filed on 5/19/2023) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
13

NOTICE of Appearance by Mengfei Sun (Sun, Mengfei) (Filed on 5/19/2023) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
14

NOTICE of Appearance by Catherine M. Cabalo for Plaintiffs, MICHAEL CURRAN, NICOLE BROWN- BOOKER, and the Proposed Classes (Cabalo, Catherine) (Filed on 5/23/2023) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER
15

STIPULATION WITH PROPOSED ORDER FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER 56 AND REQUEST FOR INITIAL CASE MANAGEMENT CONFERENCE filed by Nicole Brown-Booker, Michael Curran. (Cabalo, Catherine) (Filed on 5/23/2023) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER
16

STIPULATION AND ORDER RE 15 FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER 56 AND REQUEST FOR INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 11/2/2023 at 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by 10/26/2023. Signed by Judge Richard Seeborg on 5/23/2023. (cl, COURT STAFF) (Filed on 5/23/2023) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

RECAP
17

SUMMONS Returned Executed by Michael Curran, Nicole Brown-Booker. City of Oakland served on 5/17/2023, answer due 6/7/2023. (Wallace, Guy) (Filed on 5/23/2023) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER
18

STIPULATION STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT filed by City of Oakland. (McLaughlin, Kevin) (Filed on 6/5/2023) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
19

NOTICE of Appearance by Lorena Matei (Matei, Lorena) (Filed on 6/5/2023) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
20

ANSWER to Complaint DEFENDANT CITY OF OAKLAND'S ANSWER TO PLAINTIFFS' COMPLAINT byCity of Oakland. (McLaughlin, Kevin) (Filed on 6/20/2023) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
21

NOTICE of Change of Address by Catherine M. Cabalo (Cabalo, Catherine) (Filed on 9/8/2023) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
22

STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES filed by Nicole Brown-Booker, Michael Curran. (Cabalo, Catherine) (Filed on 10/24/2023) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

PACER

Clerk's Notice

Oct. 24, 2023

Oct. 24, 2023

PACER
23

CLERK'S NOTICE. Initial Case Management Conference previously set for 11/2/2023 is continued to 2/8/2024 at 10:00 AM in San Francisco - Videoconference Only. Initial Case Management Statement due by 2/1/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 10/24/2023) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

PACER
24

Stipulation and Proposed Order

Jan. 29, 2024

Jan. 29, 2024

PACER
25

STIPULATION AND ORDER RE 24 TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Initial Case Management Conference set for 7/18/2024 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by 7/11/2024. Signed by Judge Richard Seeborg on 1/30/2024. (cl, COURT STAFF) (Filed on 1/30/2024) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

RECAP
26

Stipulation and Proposed Order

July 2, 2024

July 2, 2024

PACER
27

STIPULATION AND ORDER RE 26 THIRD STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Initial Case Management Conference previously set for 7/18/2024 is continued to 10/24/2024 at 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by 10/17/2024. Signed by Judge Richard Seeborg on 7/2/2024. (cl, COURT STAFF) (Filed on 7/2/2024)

July 2, 2024

July 2, 2024

RECAP
28

Stipulation and Proposed Order

Oct. 16, 2024

Oct. 16, 2024

PACER
29

Order on Stipulation

Oct. 17, 2024

Oct. 17, 2024

PACER
30

Stipulation and Proposed Order

Feb. 11, 2025

Feb. 11, 2025

PACER
31

Order on Stipulation

Feb. 11, 2025

Feb. 11, 2025

PACER

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Feb. 13, 2025

Feb. 13, 2025

PACER

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

March 3, 2025

March 3, 2025

PACER
35

Notice (Other)

March 7, 2025

March 7, 2025

PACER
36

Joint Case Management Statement

June 18, 2025

June 18, 2025

PACER
37

1 - Terminate Deadlines and Hearings AND Order AND ~Util - Set Deadlines/Hearings

June 18, 2025

June 18, 2025

PACER
38

Notice (Other)

July 1, 2025

July 1, 2025

PACER

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

July 22, 2025

July 22, 2025

PACER
40

Settlement

July 30, 2025

July 30, 2025

PACER
41

Proposed Order

July 31, 2025

July 31, 2025

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 15, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are two individuals with mobility disabilities who allege systemic discrimination due to inaccessible public pedestrian pathways.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Oakland, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

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

Barrier Removal

Disability and Disability Rights:

Mobility impairment

Reasonable Modifications

Sidewalks

Discrimination Basis:

Disability (inc. reasonable accommodations)