Case: Doe v. Los Angeles Unified School District

2:98-cv-06154 | U.S. District Court for the Central District of California

Filed Date: July 30, 1998

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On July 30, 1998, a group of parents filed a class-action lawsuit on behalf of their minor children in the U.S. District Court for the Central District of California, challenging the Los Angeles Unified School District's implementation of Proposition 227, a state initiative restricting use of bilingual education in public schools to teach students that were limited in English proficiency. Plaintiffs alleged that Proposition 227 (titled "English Language Education for Immigrant Children") viola…

On July 30, 1998, a group of parents filed a class-action lawsuit on behalf of their minor children in the U.S. District Court for the Central District of California, challenging the Los Angeles Unified School District's implementation of Proposition 227, a state initiative restricting use of bilingual education in public schools to teach students that were limited in English proficiency. Plaintiffs alleged that Proposition 227 (titled "English Language Education for Immigrant Children") violated the Equal Educational Opportunities Act of 1974 and Title VI of the Civil Rights Act of 1964. They sought declaratory and injunctive relief, as well as class certification. Attorneys for the Mexican American Legal Defense and Education Fund and the ACLU provided representation to the plaintiffs.

Plaintiffs sought an emergency Temporary Restraining Order, which was denied. Plaintiffs then filed an amended complaint which alleged (1) that defendants failed to take appropriate action to address English learning needs of limited education proficiency (LEP) students and (2) that national origin minorities were deprived of a language program that provided them with an opportunity to acquire English skills.

On April 23, 1999, the District Court (Judge Lourdes G. Baird) certified a class consisting of "all current and future public school children who will be enrolled in the Los Angeles Unified School District, who have language barriers that impede their equal participation in the District's instructional programs and have been designated as limited English proficient (LEP) students." Doe v. Los Angeles Unified School District, 48 F. Supp. 2d. 1235 (C.D. Cal. 1997).

Shortly thereafter, the Court encouraged the parties to engage in settlement negotiations. Initial court settlement conferences were not fruitful, but negotiations apparently continued through 2003. During that time, the parties filed various status reports with the Court to update the progress made on settlement.

The PACER docket reflects that in lieu of filing a proposed settlement agreement and having a fairness hearing, the parties filed a joint motion to decertify the class in February 2003. The case then proceeded in the name of the individual plaintiff only. Thereafter, the parties filed a joint motion to dismiss the case without prejudice. The Court granted that motion by order dated August 18, 2003. It is assumed that the parties reached a private settlement agreement, but this cannot be confirmed from the docket.

Summary Authors

Stephen Imm (8/21/2007)

People


Judge(s)

Baird, Lourdes Gillespie (California)

Zarefsky, Ralph (California)

Attorneys(s) for Plaintiff

Argueta, Sylvia (California)

Cordoba, Rocio De Lourdes (California)

Fay-Bustillos, Theresa (California)

Hernandez, Antonia (California)

Medina, Maribel S (California)

Rosenbaum, Mark Dale (California)

Saenz, Thomas A. (California)

Villagra, Hector O. (California)

Judge(s)

Baird, Lourdes Gillespie (California)

Zarefsky, Ralph (California)

Attorneys(s) for Plaintiff

Argueta, Sylvia (California)

Cordoba, Rocio De Lourdes (California)

Fay-Bustillos, Theresa (California)

Hernandez, Antonia (California)

Medina, Maribel S (California)

Rosenbaum, Mark Dale (California)

Saenz, Thomas A. (California)

Villagra, Hector O. (California)

Attorneys(s) for Defendant

Hwang, Hojoon (California)

Martinez, Vilma S. (California)

Phillips, Bradley S. (California)

Scullion, Jennifer R (California)

Documents in the Clearinghouse

Document

Docket

Aug. 18, 2003 Docket
37

Opinion

48 F.Supp.2d 1233

April 23, 1999 Order/Opinion
74

Joint Stipulation to Dismiss Without Prejudice

Aug. 18, 2003 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed Summons(es) issued referred to Discovery Ralph Zarefsky (jp) (Entered: 08/03/1998)

July 30, 1998
2

EX PARTE APPLICATION filed by plaintiffs to proceed by fictitious names . ** SEALED purs to Order filed 7/31/98 [15-1] ** Lodged p/o (pj) Modified on 08/10/1998 (Entered: 08/04/1998)

July 30, 1998
3

EX PARTE APPLICATION filed by plaintiff for temporary restraining order , provisional class certification Lodged p/o (pj) (Entered: 08/04/1998)

July 30, 1998
4

DECLARATION of THOMAS SAENZ by plaintiff re exparte motion for temporary restraining order [3-1]; (pj) (Entered: 08/04/1998)

July 30, 1998
4

EXHIBITS re exparte appl in suppt of temporary restraining order [3-1] (pj) (Entered: 08/04/1998)

July 30, 1998
5

MEMORANDUM OF P&A IN SUPPORT by plaintiff of exparte motion provisional class certification [3-2]; decl of Mark D Rosenbaum (pj) (Entered: 08/04/1998)

July 30, 1998
7

MEMORANDUM P&A IN SUPPORT by plaintiff of exparte motion for temporary restraining order [3-1] & prel inj (pj) (Entered: 08/04/1998)

July 30, 1998
14

MINUTES: Plf's ex parte applic for TRO: Crt sets hrg 7/31/98 at 2:00pm. by Judge Lourdes G. Baird CR: L Litsheim (dhl) (Entered: 08/10/1998)

July 30, 1998

LODGED/PROPOSED ORDER granting pltfs' application for provisional class certifiction submitted by plaintiff Diana Doe, plaintiff Jose Doe, plaintiff Antonio Doe .(FWD TO CRD) (bg) (Entered: 08/03/1998)

July 31, 1998
8

AMD EX PARTE APPLICATION filed by plaintiffs for order file file under fictitious names , for leave to file orig decls & appls under seal Lodged ord ***FILED UNDER SEAL*** (pj) (Entered: 08/04/1998)

July 31, 1998
9

MINUTES: denying exparte motion for temporary restraining order [3-1]. Crt signs Ord denying pla's applic for TRO by Judge Lourdes G. Baird CR: Walter Ledge (et) (Entered: 08/04/1998)

July 31, 1998
10

ORDER by Judge Lourdes G. Baird denying exparte motion for temporary restraining order [3-1] (et) (Entered: 08/04/1998)

July 31, 1998
11

SUPPL DECLARATION by defendant LAUSD re exparte motion for temporary restraining order [3-1] (ab) (Entered: 08/04/1998)

July 31, 1998
12

OBJECTIONS by defendant LAUSD to decl of James S. Catterall. (ab) (Entered: 08/04/1998)

July 31, 1998
15

EX PARET ORDER by Judge Lourdes G. Baird granting appl to proceed by fictitious names [2-1]. Clerk of the crt shall seal all records in this case referring to plfs, their families or their friends by their true surnames; SEALING ex parte application [2-1]. (gk) (Entered: 08/10/1998)

July 31, 1998
13

ORDER by Judge Lourdes G. Baird finding the exparte motion for temporary restraining order [3-1] moot., granting exparte motion provisional class certification [3-2] (ab) (Entered: 08/06/1998)

Aug. 3, 1998
16

STIPULATION and ORDER ext deftS LAUSD and Ruben Zacaris ex time to resp to cmplt to 9/4/98 by Judge Lourdes G. Baird (lc) (Entered: 08/24/1998)

Aug. 19, 1998
17

ANSWER filed by defendant LAUSD, defendant Ruben Zacarias to complaint [1-1] (ak) (Entered: 09/08/1998)

Sept. 4, 1998
18

ORDER SCHED MSC by Judge Lourdes G. Baird ; mandatory status conference set on 9:00 12/14/98 (pj) (Entered: 10/05/1998)

Oct. 1, 1998
19

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 3 days (app) (Entered: 10/16/1998)

Oct. 13, 1998
34

MINUTES: Hrg held. The crt scheds ; mandatory status conference held ;discovery ddl set on 10/15/99 ; pretrial conference on 9:00 1/3/00 ; jury trial set on 8:00 1/18/00 ; telephone conference set on 5:00 5/18/99 The Crt orders plfs mto for class certification to be fld within 45 dys. by Judge Lourdes G. Baird CR: Lucille Litsheim (pj) (Entered: 04/16/1999)

Dec. 14, 1998
21

OPPOSITION by defendant LAUSD to exparte motion for temporary restraining order [3-1]; Decl of Toni Marsnik (jag) (Entered: 02/11/1999)

Feb. 9, 1999
22

APPENDIX by defendant LAUSD to opp to exparte motion for temporary restraining order [3-1] (jag) (Entered: 02/11/1999)

Feb. 9, 1999
23

ORDER re stip & propsd prot ord by Discovery Ralph Zarefsky; It is ordered that nlt 3/5/99, ptys sh fi w/ the Crt a stmt indicating whether they object to the undersigned's procdg to act in this case. Upon rcpt of the stmts, the undersigned will determine whether to recuse itself or proceed w/ this matter. (jag) (Entered: 02/25/1999)

Feb. 24, 1999
24

NOTICE OF MOTION AND MOTION by plaintiffs final class certification ; motion hearing set for 10:00 4/12/99 Lodged ord (pj) (Entered: 03/02/1999)

March 1, 1999
25

MEMORANDUM OF P&A IN SUPPORT by plaintiffs of motion final class certification [24-1] (pj) (Entered: 03/02/1999)

March 1, 1999
26

STATEMENT in resp to order re stip and stip & prop proto by defendant LAUSD, defendant Ruben Zacarias [23-1] (lc) (Entered: 03/03/1999)

March 2, 1999
27

STATEMENT of NON-OBJECTION by plaintiffs to Mag Judge's procdg to act (jag) (Entered: 03/09/1999)

March 5, 1999
28

STIPULATION & PROTECTIVE ORDER by Judge Lourdes G. Baird (see doc for details) (jag) (Entered: 03/11/1999)

March 9, 1999
29

FIRST AMENDED COMPLAINT [1-1] by plaintiff; adding Jonathan Doe, Sharon Doe, Joseph Doe, Ruben Doe, Nancy Doe . Summons not issued (pj) (Entered: 03/19/1999)

March 12, 1999
30

STIPULATION and ORDER: Plfs hereby file 1st a/c. Dfts will ans or otherwise respond to the 1st a/c followin the Crt's approval of this stip accord to local rules. by Judge Lourdes G. Baird (pj) (Entered: 03/19/1999)

March 12, 1999
31

MEMO OF P&A IN OPPOSITION by defendant Ruben Zacarias, defendant LAUSD to motion final class certification [24-1] (pj) (Entered: 03/24/1999)

March 22, 1999
32

REPLY MEMO OF P&A IN SUPPT by plaintiffs to motion final class certification [24-1] (pj) (Entered: 04/08/1999)

April 5, 1999

PLACED IN FILE - NOT USED PROP ORD GRANTED PLFS MOT FOR FINAL CLASS CERT (pj) (Entered: 04/13/1999)

April 9, 1999
33

MINUTES: that the Plf's motion final class certification [24-1] is taken under submission. The crtr sh prepare & iss a final ord. by Judge Lourdes G. Baird CR: Heather Pitvorec (pj) (Entered: 04/13/1999)

April 12, 1999
35

MINUTES: The crt orders a telephone conf call on 5/18/99 at 5pm. to discuss settlement. by Judge Lourdes G. Baird CR: n/a (pj) (Entered: 04/16/1999)

April 14, 1999
37

ORDER by Judge Lourdes G. Baird GRANTING Plf's motion for class certification [24-1] (ENT 4/23/99), mld copies & ntc (pj) (Entered: 04/23/1999)

April 22, 1999
38

MINUTES TELEPHONE CONF: The crt held a telephone conf with the parties to discuss settlement. The crt sets a telephone conf the parties sh name 3 agrred judge that they would like to hear settlement negotiations. ; telephone conference set on 5:15 6/8/99 by Judge Lourdes G. Baird CR: n/a (pj) (Entered: 05/21/1999)

May 19, 1999
39

MINUTES: The crt held a tele conf with the parties concerning settlement. First perferences are Judges Paez & Pfaelzer. Second prefrences Judges King, Morroww, Pregerson, or Takasugi. ; telephone conference held by Judge Lourdes G. Baird CR: n/a (pj) (Entered: 06/16/1999)

June 8, 1999
40

MINUTES: Crt sets a ; telephone conference on 5:30 7/8/99 . During this call, Crt will discuss the designation of a sttlmnt judge. by Judge Lourdes G. Baird CR: n/a (jag) (Entered: 06/22/1999)

June 18, 1999
41

MINUTES: The Crt ORDERS a telephone conf call on: ; telephone conference set on 5:15 7/8/99 by Judge Lourdes G. Baird CR: n/a (pj) (Entered: 06/30/1999)

June 29, 1999
42

MINUTES: Time change only from 5:15pm to ; telephone conference set on 3:15 7/8/99 by Judge Lourdes G. Baird CR: not present (pj) (Entered: 07/07/1999)

July 6, 1999
43

MINUTES: The Crt REFERS this case to Judge Mariana Pfaelzer for settlement. ; telephone conference held by Judge Lourdes G. Baird CR: n/a (pj) (Entered: 07/12/1999)

July 8, 1999
44

NOTICE by plaintiff OF SETTLEMENT CONF (pj) (Entered: 08/12/1999)

Aug. 11, 1999
45

STIPULATION and ORDER by Judge Lourdes G. Baird extending time for expert witness disclosure until 10/18/99 & the cutoff date for expert discovery until 10/29/99. The cut off date for non expert discovery remains 10/15/99. (yc) (Entered: 08/16/1999)

Aug. 13, 1999
46

NOTICE by plaintiffs Antonio Doe, Jose Doe, Diana Doe, Jonathan Doe, Sharon Doe, Joseph Doe, Ruben Doe, Nancy Doe of settlement conference (sv) (Entered: 09/01/1999)

Aug. 30, 1999
47

MINUTES: Settelemnt conf. Case will not settle at this time. Cnsl sh return for fur discussions with the Crtby calling the clerk for a date & time. by Judge Mariana R. Pfaelzer CR: No Appearance (pj) (Entered: 09/30/1999)

Sept. 29, 1999
48

STIPULATION and ORDER : It is ord that the trl, ptc is cont by Judge Lourdes G. Baird ; pretrial conference on 9:00 3/6/00 ; jury trial set on 8:00 3/13/00; deadline for exchange of expert wit rpts is cont 12/13/99; deadline for filing dispostive mnts is cont 1/10/00 (pj) (Entered: 10/07/1999)

Oct. 6, 1999
49

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 7/31/98 (Re: ) CR: Walter R. Ledge (weap) (Entered: 11/12/1999)

Nov. 9, 1999

TRANSCRIPT filed for proceedings held on 7/31/98 (weap) (Entered: 11/12/1999)

Nov. 9, 1999
51

STIPULATION and ORDER by Judge Lourdes G. Baird ; all PT & trial dates vacated , and staying casel and ptys file jt stat rpt describing progress of settlmt discussions on 6/5/00 & every 30 days theafter until stay is lifted (lc) (Entered: 05/15/2000)

May 11, 2000
52

NOTICE by plaintiffs OF CHANGE OF CNSL OF RECORD (pj) (Entered: 05/18/2000)

May 17, 2000
53

FIRST JOINT STATUS REPORT re settlement progress (pj) (Entered: 06/07/2000)

June 6, 2000
54

SECOND JOINT STATUS REPORT by defendants Ruben Zacarias, LAUSD, & plaintiffs Antonio Doe, Jose Doe, Diana Doe, Jonathan Doe, Sharon Doe, Joseph Doe, Ruben Doe, Nancy Doe Re Settlement progress & joint req for appt of settlement judge (ad) (Entered: 07/14/2000)

July 6, 2000
55

THIRD JOINT STATUS REPORT Re Sttlmnt Progress (yl) (Entered: 08/10/2000)

Aug. 9, 2000
56

FOURTH STATUS REPORT re sttlmt progress by plaintiff Diana Doe (bp) (Entered: 09/07/2000)

Sept. 7, 2000
57

MINUTES: Telephone status conf has been set for ; telephone conference set on 5:15 10/24/00 by Judge Margaret M. Morrow CR: n/a P Send (pj) (Entered: 10/12/2000)

Oct. 12, 2000
58

5TH JOINT STATUS REPORT re settlment progess submitted by plfs (pj) (Entered: 10/13/2000)

Oct. 12, 2000
59

MINUTES: The crt advises plfs cnsl that as prev planned it met with represntatives of & cnsl for the LA United School District to discuss various aspects of the prop settlement agreement. ; telephone status conference held by Judge Margaret M. Morrow CR: n/a (SEND) (pj) (Entered: 12/21/2000)

Dec. 12, 2000
60

SIXTH JOINT STATUS REPORT re settlement progress & joint request for status conference (jp) (Entered: 02/07/2001)

Feb. 6, 2001
61

MINUTES: The crt orders a telephone conference set on 5:30 3/14/01 in order to discuss case status and to set dates by Judge Lourdes G. Baird CR: N/A (bp) (Entered: 02/07/2001)

Feb. 7, 2001
62

MINUTES before Judge Lourdes G. Baird: that the telephone conference call is CONTINUED to 4:45 on 3/15/01 CR: N/P (Send) (jp) (Entered: 02/26/2001)

Feb. 23, 2001
63

JOINT STATUS REPORT re Telephonic status conf & scheduling (jp) (Entered: 03/12/2001)

March 9, 2001
64

MINUTES: The stay sh be lifted on 9/15/01. The crt sets the following dts: ;discovery ddl set on 3/15/02 ; pretrial conference on 9:00 5/20/02 ; telephone conference held ; trial set on 8:30 6/4/02 by Judge Lourdes G. Baird CR: n/a (twdb) (Entered: 03/19/2001)

March 15, 2001
65

STIPULATION and ORDER by Judge Lourdes G. Baird the stay in this action shall remain in effect until 12/15/02 discovery ddl set on 6/15/02; pretrial conference on 9:00 8/26/0; trial set on 8:30 9/24/02 (bg) (Entered: 09/19/2001)

Sept. 18, 2001
66

ORDER RE: CIVIL JURY TRIAL by Judge Lourdes G. Baird. The Crt orders the fol dates: Discovery ddl set on 10/15/02; Cut off date for the filing of mots is set for 10/29/02; Pretrial Conference set for 9:00 1/6/03; Court Trial set on 8:30 1/21/03 (see doc for fur details) (mch) (Entered: 02/04/2002)

Jan. 31, 2002

PLACED IN FILE - NOT USED stipulation to continue stay & trial dates (bg) (Entered: 02/04/2002)

Jan. 31, 2002
67

MINUTES: The court grants a continuation of the stay to 4/15/02. The court sets the following dates; The DCO set for 10/15/02; The motions cut off filing date set for 10/29/02; the PTC set for 1/6/03 @ 9:00am; the trial is set for 1/21/03 @ 8:30am by Judge Lourdes G. Baird CR: N/P (bg) (Entered: 02/04/2002)

Jan. 31, 2002
68

STANDING ORDER by Judge Lourdes G. Baird. Read this order carefully. It controls the case unless otherwise ordered by the court (bg) (Entered: 11/18/2002)

Nov. 15, 2002
69

MINUTES: the court orders as follows: The partiesare to meet and confer no later than 12/16/02 with the goal of agreeing upon jury instructions and verdict forms by Judge Lourdes G. Baird CR: N/P (bg) (Entered: 11/26/2002)

Nov. 25, 2002
70

MINUTES: Final Pretrial Conference held The court orders counsel to file their papers for a fairness hearing within one month from the date of this minute order. The court grants the parties' stipulation to vacate dates in the above referenced matter and signs the order by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) (Entered: 01/07/2003)

Jan. 6, 2003
71

STIPULATION and ORDER by Judge Lourdes G. Baird ; trial dates and all pretrial dates vacated and proceedings stayed pending plaintiffs' filing of a motion for approval of dismissal of the action without prejudice Plaintiff shall file a motion for approval of dismissal of the action on or before February 3, 2003 (bg) (Entered: 01/10/2003)

Jan. 6, 2003
72

STIPULATION and ORDER by Judge Lourdes G. Baird extending the due date to file papers for a fairness hearing is continued to February 20, 2003 In lieu of papers for a fairness hearing, the parties may file a request to decertify the class by the same due date (bg) (Entered: 02/07/2003)

Feb. 6, 2003
73

JOINT REQUEST TO DECERTIFY CLASS; ORDER by Judge Lourdes G. Baird. Accordingly, the class certified in this action on April 23, 1999, is decentified. This action shall proceed as an individual action on behalf of named plaintiffs only (bg) (Entered: 02/26/2003)

Feb. 25, 2003
74

JOINT STIPULATION and ORDER by Judge Lourdes G. Baird, that this action should be dismissed without prejudice terminating case (MD JS-6) (bg) (Entered: 08/19/2003)

Aug. 18, 2003

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 30, 1998

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Public school children who will be enrolled in the Los Angeles Unified School District, who have language barriers that impede their equal participation in the District’s instructional programs and have been designated as limited English proficient.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Los Angeles Unified School District (Los Angeles), State

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Language discrimination

Immigration/Border:

Constitutional rights