Case: Valeria v. Davis

3:98-cv-02252 | U.S. District Court for the Northern District of California

Filed Date: June 3, 1998

Closed Date: Feb. 25, 2003

Clearinghouse coding complete

Case Summary

This lawsuit challenged California's Proposition 227, approved by voters in 1998, which concerned how students with limited English proficiency (LEP) were taught in the state's public schools. Proposition 227 changed the state's policy so that instead of having bilingual education programs, where LEP students were taught various subjects in their home language, schools would instead teach English to LEP students and teach other subjects in English. The plaintiffs, who were LEP students, filed a…

This lawsuit challenged California's Proposition 227, approved by voters in 1998, which concerned how students with limited English proficiency (LEP) were taught in the state's public schools. Proposition 227 changed the state's policy so that instead of having bilingual education programs, where LEP students were taught various subjects in their home language, schools would instead teach English to LEP students and teach other subjects in English. The plaintiffs, who were LEP students, filed a lawsuit on June 3, 1998 in the U.S. District Court for the Northern District of California against the Governor of California, the State Board of Education, and the State Superintendent of Public Instruction.

The plaintiffs were represented by various public interest organizations—including the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund, Public Counsel, and the National Immigration Law Center—as well as private counsel. They alleged that Proposition 227 violated the Equal Educational Opportunities Act (EEOA) and Title VI of the Civil Rights Act. They also alleged that it violated the U.S. Constitution's Supremacy Clause by conflicting with federal statutes. Finally, they claimed that Proposition 227 violated the Fourteenth Amendment's Equal Protection Clause because the requirements for repealing the proposition—i.e., another referendum, or a two-thirds vote from both state legislative houses and approval by the governor—made it more difficult to change the policy in the future. The plaintiffs argued that because Proposition 227 had a heightened impact on students of color, strict scrutiny applied, and this added difficulty to change the policy did not pass strict scrutiny. The plaintiffs sought injunctive relief, and the case was heard by Judge Charles A. Legge.

On June 10, 1998, the plaintiffs moved for a preliminary injunction and for provisional class certification. Various organizations submitted amicus briefs for the plaintiffs and the defendants. Various parties also intervened as defendants.

The following month, on July 15, the court denied the plaintiffs' request for a preliminary injunction. The court held that the plaintiffs had not shown they were likely to succeed on any of their claims. First, the EEOA claim was too fact-dependent to decide based only on Proposition 227 and not any in-practice implementation of it. Second, the court held that the plaintiffs had not shown any Supremacy Clause issue because Proposition 227 did not conflict with the EEOA or the Bilingual Education Act. Third, the court held that Proposition 227 did not seem discriminatory, in violation of Title VI, and there was not evidence of discrimination in practice because the law had not been implemented yet. Finally, the court held that the plaintiffs had not demonstrated that Proposition 227 violated the Equal Protection Clause, as the Constitution does not provide a right to bilingual education and the plaintiffs had not shown discriminatory intent. Ultimately, the court also concluded that the plaintiffs' claims were not ripe because Proposition 227 had not yet been implemented. 12 F.Supp.2d 1007.

On the same day, the court granted the plaintiffs' motion for provisional certification but asked the plaintiffs to change the class definition. 

On July 20, 1998, the plaintiffs appealed the denial of their request for a preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit (case number 98-16355). They also moved for an injunction while the appeal was pending, but the Ninth Circuit denied this motion on August 10, 1998. The parties later stipulated to dismissal of the appeal.

Back in the district court, on August 21, 1998, the plaintiffs filed an amended complaint. The next month, on September 28, several parties that had intervened as defendants moved to dismiss the complaint. The following month, on October 30, the plaintiffs moved for partial summary judgment on their Supremacy Clause and Equal Protection claims. On March 31, 1999, the court denied both the motion to dismiss and the motion for summary judgment. The plaintiffs filed their second amended complaint on May 23, 2000 and updated the defendants in the lawsuit. 

On November 20, 2000, the court held a bench trial on the Equal Protection claim. The court ruled in favor of the defendants the following month, on December 15. The plaintiffs appealed to the Ninth Circuit (case number 01-15219).

The Ninth Circuit affirmed the district court's dismissal of the Equal Protection Claim on October 7, 2002. The Ninth Circuit held that the plaintiffs' "political structure" argument for strict scrutiny did not succeed because the bilingual education system that Proposition 227 had replaced was not meant to remedy racial discrimination, so making it more difficult to amend Proposition 227 did not make it more difficult to challenge discrimination. Ultimately, the Ninth Circuit held that Proposition 227 was not meant to be racially discriminatory even if it had discriminatory effects. 307 F.3d 1036. The Ninth Circuit also later denied rehearing en banc, though two judges dissented. 320 F.3d 1014.

There have been no further developments as of May 4, 2024, and this case is presumed closed.

Summary Authors

Venesa Haska (5/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11256096/parties/valeria-v-davis/

Judge(s)
Attorney for Plaintiff

Chen, Edward M. (California)

Cordoba, Rocio L. (California)

Attorney for Defendant

Browne, Sharon Louise (California)

Expert/Monitor/Master/Other

Detamore, J. Scott (California)

Eckles, Paul M. (California)

show all people

Documents in the Clearinghouse

Document

3:98-cv-02252

Order Denying Motion for Preliminary Injunction

Valeria v. Wilson

July 15, 1998

July 15, 1998

Order/Opinion

12 F.Supp.2d 1007

01-15219

Opinion

U.S. Court of Appeals for the Ninth Circuit

Oct. 7, 2002

Oct. 7, 2002

Order/Opinion

307 F.3d 1036

01-15219

Order

U.S. Court of Appeals for the Ninth Circuit

Feb. 25, 2003

Feb. 25, 2003

Order/Opinion

320 F.3d 1014

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11256096/valeria-v-davis/

Last updated Oct. 28, 2025, 7:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons Issued); Fee status paid entered on 6/3/98 in the amount of $150.00 (Receipt No. 131489) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

2

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Charles A. Legge: Proof of service to be filed by 7/20/98; counsels' case management statement to be filed by 9/22/98; and initial case management conference will be held at 11:00 a.m. on 10/2/98 (cc: all counsel) (tn, COURT STAFF) (Entered: 06/03/1998)

June 3, 1998

June 3, 1998

3

PROTECTIVE ORDER by (General Duty Judge) Judge Maxine M. Chesney allowing plaintiffs to proceed anonymously [see order for additional info.] (cc: all counsel) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 4, 1998

June 4, 1998

4

STIPULATION re: protective order [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 5, 1998

June 5, 1998

5

EX-PARTE APPLICATION by Plaintiffs for protective order allowing plaintiffs to proceed anonymously [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 5, 1998

June 5, 1998

6

MEMORANDUM of points and authorities by Plaintiffs in support of their ex-parte application [5-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 5, 1998

June 5, 1998

7

DECLARATION of Joseph Jaramillo on behalf of Plaintiffs in support of their ex-parte application [5-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 5, 1998

June 5, 1998

8

STATEMENT of non-opposition by defendant Delaine Eastin to plaintiffs' ex-parte application for protective order [5-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 5, 1998

June 5, 1998

10

PROOF OF SERVICE by Plaintiffs of declaration [7-1], memorandum of points and authorities [6-1] & ex-parte application for protective order [5-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

9

NOTICE by Plaintiffs of entry of protective order [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

11

EX-PARTE APPLICATION before Judge Charles A. Legge by Plaintiffs for order permitting the filing of oversized brief: declaration of Edward M. Chen [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/09/1998)

June 9, 1998

June 9, 1998

RECEIVED [Proposed] Order granting Plaintiffs' ex-parte application for order permitting the filing of oversized brief: declaration of Edward M. Chen [11-1] [3:98-cv-02252] (tn, COURT STAFF)

June 9, 1998

June 9, 1998

12

ORDER by Judge Charles A. Legge granting plaintiffs' ex-parte application for order permitting the filing of oversized brief: declaration of Edward M. Chen [11-1]; and plaintiffs shall have leave to file a brief not to exceed 55 pages (cc: all counsel) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

13

NOTICE OF MOTION AND MOTION before Judge Charles A. Legge by Plaintiffs for provisional class certification with Notice set for 2:30 p.m. on 7/15/98 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

14

MEMORANDUM of points and authorities by Plaintiffs in support of their motion for provisional class certification [13-1], with DECLARATION of Mark D. Rosenbaum in support thereof [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

15

NOTICE OF MOTION AND MOTION before Judge Charles A. Legge by Plaintiffs for preliminary injunction with Notice set for 2:30 p.m. on 7/15/98 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

16

MEMORANDUM of points and authorities by Plaintiffs in support of their motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

17

DECLARATION of Christopher Ho on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

18

APPENDIX I: DECLARATIONS OF EXPERT WITNESSES filed by Plaintiffs in support of their motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

19

APPENDIX II: DECLARATIONS OF SCHOOL DISTRICT PERSONNEL filed by Plaintiffs in support of their motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

20

APPENDIX III: DECLARATIONS OF PLAINTIFFS filed by Plaintiffs in support of their motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

21

DECLARATION of Jose S. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

22

DECLARATION of Maria M. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

23

DECLARATION of Dora G. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

24

DECLARATION of Marta O. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

25

DECLARATION of Yolanda G. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

26

DECLARATION of S.P. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

27

DECLARATION of David R. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

28

DECLARATION of S.A.P. on behalf of Plaintiffs in support of their motion for preliminary injunction [15-1] [FILED UNDER SEAL] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

29

PROOF OF SERVICE by Plaintiffs of documents #:13-20 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/11/1998)

June 10, 1998

June 10, 1998

RECEIVED [Proposed] Order (Plaintiffs) re: motion for provisional class certification [13-1] [3:98-cv-02252] (tn, COURT STAFF)

June 10, 1998

June 10, 1998

30

NOTICE OF MOTION AND MOTION before Judge Charles A. Legge by Applicants for Intervention to intervene [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

31

MEMORANDUM of points and authorities by Intervenors in support of their motion to intervene [30-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

32

DECLARATION of Peter Simshauser on behalf of Intervenors in support of their motion to intervene [30-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

33

PROOF OF SERVICE by Intervenors of documents #:30-32 & a [proposed] order [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

34

AMENDED PROOF OF SERVICE by Intervenors of documents #: 30-32 & a [proposed] order [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/16/1998)

June 12, 1998

June 12, 1998

RECEIVED [Proposed] Order (Intervenors) re: motion to intervene [30-1] [3:98-cv-02252] (tn, COURT STAFF)

June 12, 1998

June 12, 1998

35

RESPONSE by defendant Pete Wilson re motion to intervene [30-1] [3:98-cv-02252] (cs, COURT STAFF) (Entered: 06/16/1998)

June 15, 1998

June 15, 1998

36

NOTICE by defendant State Board of Educ. of appearance of Sharon L. Browne and Mark T. Gallagher. [3:98-cv-02252] (cs, COURT STAFF) (Entered: 06/16/1998)

June 16, 1998

June 16, 1998

37

RESPONSE by defendant Pete Wilson to motion for provisional class certification [13-1] [3:98-cv-02252] (lcc, COURT STAFF) (Entered: 06/19/1998)

June 17, 1998

June 17, 1998

38

EX-PARTE APPLICATION before Judge Charles A. Legge by defendant Pete Wilson for leave to file a brief exceeding page limits of Civil Local Rule 7-4(b), with MEMORANDUM of points and authorities and DECLARATION of counsel in support thereof [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/19/1998)

June 18, 1998

June 18, 1998

RECEIVED copy of a letter from John H. Sugiyama, Senior Assistant Attorney General to Thomas A. Saenz, Esq. regarding proposed filing of an answer to the complaint or a motion to dismiss within 20 days after Judge Legge rules on the pending motion for preliminary injunction [3:98-cv-02252] (tn, COURT STAFF)

June 18, 1998

June 18, 1998

RECEIVED [Proposed] Order granting defendant Pete Wilson 's application for leave to file a brief exceeding page limits of Civil Local Rule 7-4(b) [38-1] [3:98-cv-02252] (tn, COURT STAFF)

June 18, 1998

June 18, 1998

39

EX-PARTE APPLICATION before Judge Charles A. Legge by defendant State Board of Education and its members for an order permitting the filing of oversized brief, with DECLARATION of Sharon L. Browne in support thereof [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/22/1998)

June 19, 1998

June 19, 1998

40

OPPOSITION by Plaintiffs to motion to intervene [30-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/22/1998)

June 19, 1998

June 19, 1998

41

MOTION before Judge Charles A. Legge by Amicus Curiae Education Legal Alliance of the California School Boards of Association to file Amicus Curiae brief in support of plaintiffs' motion for preliminary injunction, with Written consent thereof and a [proposed] order, with notice set for 2:30 p.m. on 7/15/98 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/22/1998)

June 19, 1998

June 19, 1998

RECEIVED [Proposed] Order granting defendant State Board of Education and its members' ex-parte application for an order permitting the filing of oversized brief [39-1] [3:98-cv-02252] (tn, COURT STAFF)

June 19, 1998

June 19, 1998

RECEIVED [Proposed] Amicus Curiae brief and Appendix of Declarations in support of amicus curiae brief submitted by Amicus Curiae Education Legal Alliance of the CA School Boards Association [3:98-cv-02252] (tn, COURT STAFF)

June 19, 1998

June 19, 1998

42

EX-PARTE APPLICATION before Judge Charles A. Legge by Amicus Curiae Marivel Almanza, Fortino Cisneros and Maria Mendoza Bensin for leave to file Amicus Brief and Brief of Amicus Curiae Marivel Almanza, et al. in support of motion for preliminary injunction [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

43

DECLARATION of Cynthia L. Rice on behalf of Amicus Curiae Marivel Almanza, Fortino Cisneros & Maria Mendoza Bensin in support of their ex-parte application for leave to file Amicus Brief and Brief of Amicus Curiae Marivel Almanza, et al. in support of motion for preliminary injunction [42-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

44

ORDER by General Duty Judge Vaughn R. Walker granting motion to intervene [30-1] (cc: all counsel) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

45

ORDER by General Duty Judge Vaughn R. Walker granting defendants State Board of Education and its members' application for an order permitting the filing of oversized brief [39-1] exceeding the page limit under Civil Local Rule 7-4(b), not to exceed 60 pages in opposition to plaintiffs' motion for preliminary injunction (cc: all counsel) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

46

ORDER by Judge Vaughn R. Walker granting defendant Pete Wilson's ex-parte application for leave to file a brief exceeding page limits of Civil Local Rule 7-4(b) [38-1], and that defendant Pete Wilson shall have leave to file a memorandum of points and authorities in opposition to motion for preliminary injunction not to exceed 59 pages in length (cc: all counsel) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

47

OPPOSITION by Plaintiffs to motion to intervene [30-1] [with revised table of authorities] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/24/1998)

June 22, 1998

June 22, 1998

48

PROOF OF SERVICE by Plaintiffs of opposition [47-1] [with revised table of authorities] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/24/1998)

June 22, 1998

June 22, 1998

RECEIVED [PROPOSED] Brief of Amicus Curiae in support of motion for preliminary injunction submitted by Amicus Curiae Marivel Almanza, Fortino Cisneros & Maria Mendoza Bensin re: ex-parte application for leave to file amicus brief [42-1] [3:98-cv-02252] (tn, COURT STAFF)

June 22, 1998

June 22, 1998

RECEIVED [Proposed] Order granting Amicus Curiae Marivel Almanza, Fortino Cisneros & Maria Mendoza Bensin's ex-parte application for leave to file Amicus Brief and of Amicus Curiae Marivel Almanza, et al. in support of motion for preliminary injunction [42-1] [3:98-cv-02252] (tn, COURT STAFF)

June 22, 1998

June 22, 1998

RECEIVED CORRECTED Amicus Curiae Brief submitted by Amicus Curiae Education Legal Alliance of the California School Boards of Association in support of motion for preliminary injunction [3:98-cv-02252] (tn, COURT STAFF)

June 22, 1998

June 22, 1998

49

STATEMENT of Nonopposition by defendant Delaine Eastin to plaintiffs' motion for provisional class certification. [3:98-cv-02252] (cs, COURT STAFF) (Entered: 06/24/1998)

June 23, 1998

June 23, 1998

50

STATEMENT of nonopposition by defendant Delaine Eastin to motion for intervention by One Nation/One California. [3:98-cv-02252] (cs, COURT STAFF) (Entered: 06/24/1998)

June 23, 1998

June 23, 1998

51

OPPOSITION by Intervenors to plaintiffs' motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

52

RESPONSE by defendant State Board of Education and its members to motion to intervene [30-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

53

MEMORANDUM of points and authorities by defendant State Board of Education and its members in opposition to plaintiffs' motion for provisional class certification [13-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

54

DECLARATION of Sharon L. Browne on behalf of defendant State Board of Education and its members in support of their opposition memorandum [53-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

55

OPPOSITION by defendant State Board of Education and its members to plaintiffs' motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

56

DECLARATION of Sharon L. Browne on behalf of defendant State Board of Education and its members in support of their opposition [55-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

57

DECLARATION of Raneene Belisle on behalf of defendant State Board of Education and its members in support of their opposition [55-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

58

COMBINED DECLARATIONS of Roberta Pantle & Paul Mercier on behalf of defendant State Board of Education and its members in support of their opposition [55-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

59

DECLARATION of Dr. Robert L. French on behalf of defendant State Board of Education and its members in support of their opposition [55-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

60

DECLARATION of Barbara Dehart on behalf of defendant State Board of Education and its members in support of their opposition [55-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

61

PROOF OF SERVICE by defendant State Board of Education and its members of documents #:52-60 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

62

RESPONSE by Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in opposition to plaintiffs' motion for provisional class certification [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

63

ANSWER IN INTERVENTION by Applicants for Intervention Sarina Frias, et al. [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

64

MEMORANDUM BRIEF by Applicants for Intervenor Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno & Center for Equal Opportunity in opposition to plaintiffs' motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

65

MOTION before Judge Charles A. Legge by Applications for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity to intervene as defendants with set for 2:30 p.m. on 7/15/98 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

66

MEMORANDUM by Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Oppotunity in support of their motion to intervene as defendants [65-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

67

DECLARATION of Keith Baker on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

68

DECLARATION of James M. Littlejohn on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

69

DECLARATION of Linda Chavez on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

70

DECLARATION of Angelina Morfin on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

71

DECLARATION of Petra Ramirez on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

72

DECLARATION of Sarina Frias on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1], and opposition memorandum [64-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

73

PROOF OF SERVICE by Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity of documents #:62-72 [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

74

OPPOSITION by defendant Delaine Eastin to plaintiffs' motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

75

DECLARATION of Sonia Hernandez on behalf of defendant Delaine Eastin in support of its opposition [74-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

76

REQUEST by Amicus Curiae Meiklejohn Civil Liberties Institute to file a brief as amicus curiae in support of plaintiffs' complaint for injunctive and declaratory relief [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

77

BRIEF by Amicus Curiae Meiklejohn Civil Liberties Institute in support of its request [76-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

78

MEMORANDUM of points and authorities by defendant Pete Wilson in opposition to plaintiffs' motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

79

APPENDIX I: EXHIBITS by defendant Pete Wilson in support of its opposition memorandum [78-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

80

APPENDIX II: EXHIBITS by defendant Pete Wilson in support of its opposition memorandum [78-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

81

PROOF OF SERVICE by defendant Pete Wilson of entry of order allowing plaintiffs to proceed anonymously [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

RECEIVED [Proposed] Order granting Amicus Curiae Meiklejohn Civil Liberties Institute's request [76-1] [3:98-cv-02252] (tn, COURT STAFF)

June 24, 1998

June 24, 1998

82

NOTICE by defendant Pete Wilson of filing of order granting defendant's exparte application for leave to file brief exceeding page limits of Civil Local Rule 7-4(b) [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

83

DECLARATION of Sylvia Martinez on behalf of Applicants for Intervention Sarina Frias, Sylvia Martinez, Petra Ramirez, Angelina Morfin, Cruz Mejia, Emerita Carrillo, Ofelia Bueno and Center for Equal Opportunity in support of their motion to intervene as defendants [65-1], and their opposition to motion for preliminary injunction [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

84

APPLICATION before Judge Charles A. Legge by Amicus Curiae Los Angeles Unified School District for leave to appear as Amicus Curiae in support of plaintiffs' motion for preliminary injunction [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998

June 26, 1998

85

PROOF OF SERVICE by defendant State Board of Education and its members of order [45-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 06/29/1998)

June 26, 1998

June 26, 1998

RECEIVED [PROPOSED] memorandum of points and authorities of Amicus Curiae Los Angeles Unified School District in support of plaintiffs' motion for preliminary injunction [3:98-cv-02252] (tn, COURT STAFF)

June 26, 1998

June 26, 1998

RECEIVED [Proposed] Order granting Amicus Curiae Los Angeles Unified School District's application for leave to appear as Amicus Curiae in support of plaintiffs' motion for preliminary injunction [84-1] [3:98-cv-02252] (tn, COURT STAFF)

June 26, 1998

June 26, 1998

86

PROOF OF SERVICE by Plaintiffs of entry of order [3-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 07/01/1998)

June 29, 1998

June 29, 1998

105

MEMORANDUM of points and authorities by Amicus Curiae Los Angeles Unified School District in support of plaintiffs' motion for preliminary injunction [15-1] [3:98-cv-02252] (tn, COURT STAFF) (Entered: 07/06/1998)

June 30, 1998

June 30, 1998

Case Details

State / Territory:

California

Case Type(s):

Education

Key Dates

Filing Date: June 3, 1998

Closing Date: Feb. 25, 2003

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Students with limited English proficiency who attend California public schools

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

California Rural Legal Assistance

Public Counsel

ACLU Affiliates (any)

MALDEF

National Immigration Law Center

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of California, State

California State Board of Education, State

California State Superintendent of Public Instruction, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Supremacy Clause

Other Dockets:

Northern District of California 3:98-cv-02252

U.S. Court of Appeals for the Ninth Circuit 01-15219

U.S. Court of Appeals for the Ninth Circuit 98-16355

Available Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Education

School/University policies

Discrimination Basis:

Language discrimination

National origin discrimination

Race discrimination

Affected Language(s):

Spanish

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Asian/Pacific Islander