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)

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 12

01-15219

Opinion

U.S. Court of Appeals for the Ninth Circuit

Oct. 7, 2002

Oct. 7, 2002

Order/Opinion

307 F.3d 307

01-15219

Order

U.S. Court of Appeals for the Ninth Circuit

Feb. 25, 2003

Feb. 25, 2003

Order/Opinion

320 F.3d 320

Docket

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

Last updated May 4, 2024, 5:08 p.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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
4

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

June 5, 1998

June 5, 1998

PACER
4

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

June 5, 1998

June 5, 1998

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

June 12, 1998

June 12, 1998

PACER

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

June 12, 1998

June 12, 1998

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

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