Case: Spieler v. Mount Diablo Sch. Dist.

4:98-cv-00951 | U.S. District Court for the Northern District of California

Filed Date: March 10, 1998

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 10, 1998, a student with a mobility disability filed this class-action suit in the U.S. District Court for the Northern District of California against Mount Diablo Unified School District. Suing under the Americans with Disabilities Act, 42 U.S.C. § 12181, the plaintiff, represented by the Office of the Attorney General and the Disability Rights Advocates, sought declaratory and injunctive relief. Specifically, the plaintiff sought the school's compliance with the Disability Access Req…

On March 10, 1998, a student with a mobility disability filed this class-action suit in the U.S. District Court for the Northern District of California against Mount Diablo Unified School District. Suing under the Americans with Disabilities Act, 42 U.S.C. § 12181, the plaintiff, represented by the Office of the Attorney General and the Disability Rights Advocates, sought declaratory and injunctive relief. Specifically, the plaintiff sought the school's compliance with the Disability Access Requirements and that all playboxes be made minimally accessible to the plaintiff and other mobility disabled children.

The parties almost immediately began amicably resolving the complaint, and on May 13, 1998, Judge Claudia Wilken extended indefinitely the time required for the defendants to answer as long as the parties continued to negotiate in good faith.

On May 24, 2000, the parties entered into a consent decree that resolved the class action providing that the school district would provide equal access to school buildings, educational programs and social programs. As a result of the settlement, the school district created three new programs for disabled students to assist in communication with disabled students and to train classroom aides to assist children with disabilities.

Pursuant to the consent decree, the defendant fixed its playboxes to make them minimally accessible to mobility-disabled children. Defendant replaced the surface of some playboxes with a rubberized surface; it replaced the surface of other playboxes with engineered wood fiber (EWF). According to Defendant, it costed at least

$85,000 to install a rubberized surface in a playbox, far more than it costs to install EWF.

In 2005, the parties disputed whether the school district had satisfied its obligation under the consent decree, specifically whether the use of EWF to fix the playboxes satisfied the requirements of the consent decree. After a year of neutral observation, there were still instances where the surfaces made of EWF in the playboxes exceeded a slope found to be accessible for children with disabilities.

On May 1, 2007, the Court granted the plaintiff's motion for enforcement of the consent decree. Both parties were ordered to meet and confer regarding an appropriate remedy. The parties could not reach an agreement and both sides submitted proposed remedial orders. The matter of an appropriate remedy was heard on June 21, 2007.

Thus, on August 16, 2007, the Court adopted in part plaintiff’s proposed remedial order, and ordered the school district to replace all EWF surfacing with the more appropriate rubberized surfacing within 5 years to meet the requirements of the consent decree in spite of alleged financial constraints. The court also ordered the parties to meet and confer concerning attorney's fees.

On September 7, 2007, Mount Diablo Unified School District filed an appeal to the United States Court of Appeals for the Ninth Circuit. On November 2, 2007, the District Court issued an order denying the school district's requested stay of the Court's remedial order pending appeal on the basis that the balance of hardships tilted in the plaintiff's favor and that the school district had a low likelihood of success on the merits of its appeal.

On November 21, 2008, the U.S. Court of Appeals for the Ninth Circuit dismissed the school district's appeal without prejudice to reinstatement in the event that the District Court would not approve the terms and agreements of the parties' settlement.

On December 5, 2008, the District Court issued an order modifying the original consent decree finding that the EWF surfaces did in fact meet the requirements of the ADA Accessibility Guidelines. The modified decree also provided for continual monitoring of the performance of the school districts implementation plans.

The consent decree created equal access to school buildings, educational programs, and social programs. Mt. Diablo School District committed $20 million over ten years to ensure equal access for its 5,000 students with disabilities at 55 school sites, enabling all students with disabilities in the Mt. Diablo Unified School District to attend their neighborhood schools. The consent decree also reformed the District's special education system, with policies supporting the integration of disabled children into all educational and social programs.

As a result of the settlement, Mt. Diablo Unified School District created three new programs to benefit disabled students: a Model Augmentative Communication Program for children who need assistive technology, a Model Aide Training Program to train classroom aides to assist children with disabilities, and a full-time Parent Liaison to assist parents to navigate the special educational system.

The complaint and early orders are not available in the Clearinghouse documents.

Summary Authors

Maria Ricaurte (11/15/2015)

Ginny Lee (4/1/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5797413/parties/spieler-v-mt-diablo-unified/


Judge(s)
Attorney for Plaintiff

Benedetti, Rhoda (California)

Burger, Lisa Margaret (California)

Chavez, Mark Andrew (California)

Attorney for Defendant

Bourne, Nancy B. (California)

Flanagan, Bridget A. (California)

show all people

Documents in the Clearinghouse

Document

4:98-cv-00951

Docket [PACER]

Spieler v. Mt. Diablo Unified

Dec. 5, 2008

Dec. 5, 2008

Docket

4:98-cv-00951

Consent Decree

Spieler v. Mount Diablo Unified

May 24, 2000

May 24, 2000

Settlement Agreement
147

4:98-cv-00951

Order Enforcing Consent Decree

Spieler v. Mount Diablo Unified

Aug. 6, 2007

Aug. 6, 2007

Order/Opinion
172

4:98-cv-00951

Order Denying Stay Pending Appeal

Spieler v. Mount Diablo Unified

Nov. 2, 2007

Nov. 2, 2007

Order/Opinion
177

4:98-cv-00951

Order Modifying Consent Decree

Spieler v. Mount Diablo Unified

Dec. 5, 2008

Dec. 5, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5797413/spieler-v-mt-diablo-unified/

Last updated April 13, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: Summons(es) issued; Fee status pd entered on 3/10/98 in the amount of $ 150.00 ( Receipt No. 804622); jury demand [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

2

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Claudia Wilken : Proof of service to be filed by 4/24/98 ; counsels' case management statement to be filed by 7/7/98 ; initial case management conference will be held 1:30 7/17/98 . (cc: all counsel) (cp, COURT STAFF) (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

3

WAIVER OF SERVICE by defendant Paul E. Allen served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

4

WAIVER OF SERVICE by defendant Gary L. Eberhart served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

5

WAIVER OF SERVICE by defendant Eric E. Lain served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

6

WAIVER OF SERVICE by defendant Richard W. Allen served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

7

WAIVER OF SERVICE by defendant E. William Leal served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

8

WAIVER OF SERVICE by defendant Linda K. Mayo served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

9

WAIVER OF SERVICE by defendant Diana Wells served on 4/6/98 in response to the Request for Waiver sent on 3/11/98 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/22/1998)

April 21, 1998

April 21, 1998

10

STIPULATION and ORDER by Judge Claudia Wilken : extending time to answer to a date which will be left open for as long as the parties continue good faith efforts to resolve the issues in the complaint; open extension of time can be terminated upon 30 day notice by either party should the efforts be deemed not reasonable (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 05/15/1998)

May 13, 1998

May 13, 1998

11

NOTICE by defendant Mt. Diablo Unified of entry of order re: stipulation to extend time to answer or otherwise respond to the complaint [4:98−cv−00951] (cp, COURT STAFF) (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

13

SUPPLEMENTAL joint case management statement [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/13/1998)

July 10, 1998

July 10, 1998

14

MINUTES: before Judge Wilken ( C/R Carol Karen) ( Hearing Date: 7/17/98) case management conference held; referring case for settlement to Mag. Judge Maria−Elena James , expert disclosure is due 8/16/99 ; Discovery (fact) 9/15/99, (expert) 10/15/99 ; All motions will be heard by 10:00 1/7/2000 ; Pretrial conference set for 1:30 2/25/2000 Jury trial will be held 8:30 on 3/6/2000 ; [4:98−cv−00951] (cp, COURT STAFF) Modified on 07/27/1998 (Entered: 07/27/1998)

July 17, 1998

July 17, 1998

15

CASE MANAGEMENT ORDER by Judge Claudia Wilken Discovery other than from experts by 9/15/99 ; disclosure of identities and reports of expert witnesses by 8/16/99 ; discovery from experts by 10/15/99 ; All motions hearing date at 10:00 on 1/7/2000 ; Pre−trial conference will be held at 1:30 on 2/25/2000 ; Jury Trial set for 8:30 on 3/6/2000 ; . Est.trial days: 10 (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 08/10/1998)

Aug. 4, 1998

Aug. 4, 1998

16

LETTER dated 8/5/98 from Rhoda Beneditti re: confirmation of settlement conference on 1/28/99 at 2:00pm before Mag. Judge James [4:98−cv−00951] (cp, COURT STAFF) (Entered: 08/13/1998)

Aug. 10, 1998

Aug. 10, 1998

17

LETTER dated 1/14/99 from Rhoda Benedetti re: settlement conference set for 1/28/99 at 2:00pm be taken off calendar and rescheduled for late February or early March 1999 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 01/28/1999)

Jan. 25, 1999

Jan. 25, 1999

18

ORDER by Mag. Judge Maria−Elena James Settlement conf. (Mag) at 10:00am on 2/24/99 ; ( Date Entered: 1/29/99) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 01/29/1999)

Jan. 26, 1999

Jan. 26, 1999

19

LETTER dated 1/28/99 from Rhoda Benedetti re: rescheduling settlement conference to 3/2/99 at 10:00am [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/08/1999)

Feb. 1, 1999

Feb. 1, 1999

20

Notice and ORDER by Mag. Judge Maria−Elena James Settlement conf. (Mag) rescheduled to 10:00 on 3/2/99; (Date Entered: 2/16/99) (cc: all counsel) [4:98−cv−00951] (kc, COURT STAFF) (Entered: 02/16/1999)

Feb. 9, 1999

Feb. 9, 1999

21

SETTLEMENT CONFERENCE MINUTES: before Mag. Judge James ( C/R not reported) ( Hearing Date: 3/2/99) Settlement conference held , further settlement conf. at 2:00pm on 5/17/99 ; [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/09/1999)

March 2, 1999

March 2, 1999

22

SETTLEMENT CONFERENCE MINUTES: before Mag. Judge James ( C/R not reported) ( Hearing Date: 5/17/99) Settlement conference held , further settlement conf. at 2:00pm on 6/23/99 ; [4:98−cv−00951] (cp, COURT STAFF) Modified on 05/24/1999 (Entered: 05/24/1999)

May 17, 1999

May 17, 1999

23

ORDER by Mag. Judge Maria−Elena James further settlement conf. at 2:00pm on 6/23/99 ; ( Date Entered: 5/24/99) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 05/24/1999)

May 18, 1999

May 18, 1999

24

SETTLEMENT CONFERENCE MINUTES: before Mag. Judge James ( C/R not reported) ( Hearing Date: 6/23/99) Settlement conference held , further settlement conf. (Mag) at 1:30pm on 6/28/99 ; [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/28/1999)

June 23, 1999

June 23, 1999

25

MINUTES: before Mag. Judge Maria−Elena James; (C/R Joann Bryce) (Hearing Date: 6/28/99) settlement conference held; further settlement conf. (Mag) will be held at 2:00 on 7/20/99 [4:98−cv−00951] (kc, COURT STAFF) (Entered: 07/06/1999)

June 28, 1999

June 28, 1999

26

SETTLEMENT CONFERENCE MINUTES: ( C/R JoAnn Bryce) ( Hearing Date: 7/20/99) Settlement conference not held [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/23/1999)

July 20, 1999

July 20, 1999

28

LETTER dated 8/10/99 from Rhoda Benedetti re: confirmation of settlement conference set for 9/30/99 at 2:00pm before Mag. Judge James [4:98−cv−00951] (cp, COURT STAFF) (Entered: 08/16/1999)

Aug. 11, 1999

Aug. 11, 1999

29

SETTLEMENT CONFERENCE MINUTES: ( C/R not reported) ( Hearing Date: 9/29/99) Settlement conference held , further settlement conf. (Mag) at 10:00am on 10/27/99 ; [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/06/1999)

Sept. 30, 1999

Sept. 30, 1999

30

STIPULATION and ORDER by Mag. Judge Maria−Elena James : Settlement conf. (Mag) is continued to 12/7/99 at 2:00pm (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/19/1999)

Nov. 16, 1999

Nov. 16, 1999

31

STIPULATION and ORDER by Judge Claudia Wilken : continuing dates: Jury trial will be held 8:30 11/6/00 ; Pretrial conference set for 1:30 10/27/00 ; dispositive motions will be heard by 10:00 8/4/00 ; file all dispositive motions by 6/30/00; opposition by 7/14/00; reply by 7/21/00; cutoff date for expert discovery is 6/16/00 ; non−expert discovery cutoff set for 5/19/00; expert disclosures by 4/14/00 (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 12/06/1999)

Dec. 1, 1999

Dec. 1, 1999

Docket Modification (Administrative) to order [31−2] expert disclosure is due 4/14/00 ; [4:98−cv−00951] (cp, COURT STAFF) (Entered: 12/06/1999)

Dec. 1, 1999

Dec. 1, 1999

32

SETTLEMENT CONFERENCE MINUTES: before Mag. Judge James ( C/R not reported) ( Hearing Date: 12/7/99) Settlement conference held; case settled; parties to meet and confer on fees, the Aid Training Program and Ombudsman [4:98−cv−00951] (cp, COURT STAFF) (Entered: 12/13/1999)

Dec. 7, 1999

Dec. 7, 1999

33

REPORTER'S TRANSCRIPT; Date of proceedings: 6/28/99 ( C/R: Jo Ann Bryce) minutes [25−2] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 12/17/1999)

Dec. 14, 1999

Dec. 14, 1999

34

CONSENT DECREE filed by plaintiffs ( Date Entered: 6/13/00) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/13/2000)

June 6, 2000

June 6, 2000

35

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Claudia Wilken by Plaintiff for preliminary approval of consent decree; directing notice to the class; scheduling order; and final approval and certification of a settlement class at the time of the fairness hearing with Notice set for 11/3/00 at 10:00am [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/21/2000)

July 20, 2000

July 20, 2000

RECEIVED Proposed Order ( Plaintiff) re: motion for preliminary approval of consent decree; directing notice to the class; scheduling order; and final approval and certification of a settlement class at the time of the fairness hearing [35−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/21/2000)

July 20, 2000

July 20, 2000

36

ORDER by Judge Claudia Wilken granting motion for preliminary approval of consent decree; directing notice to the class; scheduling order; and final approval and certification of a settlement class at the time of the fairness hearing [35−1] fairness hearing for final approval of the consent decree will be held at 10:00am on 11/3/00 ; ( Date Entered: 7/25/00) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/25/2000)

July 24, 2000

July 24, 2000

RECEIVED stipulation and revised proposed order granting preliminary approval of consent decree; directing notice to the class; and scheduling a fairness hearing submitted by Plaintiff Advocates Spcl Kids, Plaintiff Jason Spieler [4:98−cv−00951] (kc, COURT STAFF) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

37

STIPULATION and REVISED ORDER by Judge Claudia Wilken : granting preliminary approval of consent decree; directing notice to the class; and fairness hearing for final approval of the consent decree will be held 10:00am on 11/3/00 ; (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 09/01/2000)

Aug. 30, 2000

Aug. 30, 2000

39

LETTER dated 9/15/00 from Jonathan &Robin Gibson on behalf of Jacob C. Gibson re: Opt−out of the stated settlement [4:98−cv−00951] (cp, COURT STAFF) (Entered: 09/20/2000)

Sept. 20, 2000

Sept. 20, 2000

40

LETTER dated 9/5/00 from Maria &Roberto Viscogliosi re: opt−out from the case [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

41

LETTER dated 9/23/00 from Jason Emmons (now known as Ja Nay Emmons) re: no access for wheel chairs at Mt. Diablo High School [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/03/2000)

Oct. 2, 2000

Oct. 2, 2000

42

LETTER dated 9/28/00 from Bradley A. Scott re: opt out of the case [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

43

LETTER dated 10/5/00 from Maria &Roberto Viscogliosi re: opt−out [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/11/2000)

Oct. 10, 2000

Oct. 10, 2000

45

MINUTES: before Judge Claudia Wilken ( C/R Candace Yount) ( Hearing Date: 11/3/00) granting joint motion for final approval of consent decree and certification of a settlement class [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/06/2000)

Nov. 3, 2000

Nov. 3, 2000

46

ORDER by Judge Claudia Wilken granting final approval of consent decree and certification of settlement class; the District to pay $148,620.08 in attorneys fees and costs within 10 days, and balance within 60 days after the fee records are submitted to the District for review; dismissing case with prejudice except that the court retain jurisdiction pursuant to Paragraph V of the Consent Decree; appeal filing ddl 12/7/00 ( Date Entered: 11/7/00) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/07/2000)

Nov. 3, 2000

Nov. 3, 2000

44

DECLARATION by Rhoda Benedetti on behalf of Plaintiff re: op−outs and objections [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/06/2000)

Nov. 6, 2000

Nov. 6, 2000

47

Notice and ORDER by Mag. Judge Maria−Elena James Settlement conf. (Mag) set for 2:00 on 2/3/03; (Date Entered: 12/16/02) (cc: all counsel) [4:98−cv−00951] (kc, COURT STAFF) (Entered: 12/16/2002)

Dec. 13, 2002

Dec. 13, 2002

48

SETTLEMENT CONFERENCE MINUTES: before Magistrate Judge Maria−Elena James ( C/R not reported) ( Hearing Date: 2/3/03) Settlement conference held; unable to settle [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/06/2003)

Feb. 3, 2003

Feb. 3, 2003

49

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree with Notice set for 5/9/03 at 10:00am [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/08/2003)

April 4, 2003

April 4, 2003

50

DECLARATION by Rhoda Benedetti on behalf of Plaintiff re motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/08/2003)

April 4, 2003

April 4, 2003

51

PROOF OF SERVICE by Plaintiff of declaration [50−1], motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/08/2003)

April 4, 2003

April 4, 2003

52

ORDER of Reference by Judge Claudia Wilken referring to Mag. Judge Maria−Elena James the motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1] vacating hearing re motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1]; vacating 5/9/03 hearing (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/09/2003)

April 8, 2003

April 8, 2003

53

MEMORANDUM by defendant Mt. Diablo Unified in opposition to motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1] [4:98−cv−00951] (kk, COURT STAFF) (Entered: 04/24/2003)

April 18, 2003

April 18, 2003

55

DECLARATION by Elizabeth E. Estes on behalf of defendant Mt. Diablo Unified re opposition memorandum [53−1] [4:98−cv−00951] (kk, COURT STAFF) (Entered: 04/24/2003)

April 18, 2003

April 18, 2003

56

DECLARATION by Richard Nicoll, PH.D on behalf of defendant Mt. Diablo Unified re opposition memorandum [53−1] [4:98−cv−00951] (kk, COURT STAFF) (Entered: 04/24/2003)

April 18, 2003

April 18, 2003

57

DECLARATION by pete Pedersen on behalf of defendant Mt. Diablo Unified re opposition memorandum [53−1] [4:98−cv−00951] (kk, COURT STAFF) (Entered: 04/24/2003)

April 18, 2003

April 18, 2003

58

PROOF OF SERVICE by defendant Mt. Diablo Unified of declaration [57−1], declaration [56−1], declaration [55−1], declaration [54−1], opposition memorandum [53−1] [4:98−cv−00951] (kk, COURT STAFF) (Entered: 04/24/2003)

April 18, 2003

April 18, 2003

61

SETTLEMENT CONFERENCE MINUTES: before Magistrate Judge Maria−Elena James ( C/R not reported) ( Hearing Date: 4/25/03) conference held , further settlement conf. (Mag) at 10:00am on 6/4/03 ; [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/30/2003)

April 25, 2003

April 25, 2003

59

REPLY by Plaintiffs in support of motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1] [4:98−cv−00951] (kc, COURT STAFF) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

60

Reply DECLARATION by Stephen Tollafield on behalf of Plaintiffs in support of motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1] [4:98−cv−00951] (kc, COURT STAFF) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

62

ORDER by Mag. Judge Maria−Elena James requiring parties to meet jointly with Dr. Barber; defendants to respond to plaintiff's 2/28/03 letter; further settlement conference at 10:00am on 6/4/03 ( Date Entered: 4/30/03) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/30/2003)

April 28, 2003

April 28, 2003

63

ORDER by Mag. Judge Maria−Elena James Settlement conf. (Mag) continued to 10:00 on 6/18/03; (Date Entered: 5/23/03) (cc: all counsel) [4:98−cv−00951] (kc, COURT STAFF) (Entered: 05/23/2003)

May 20, 2003

May 20, 2003

64

LETTER dated 6/9/03 from Rhoda Benedetti re: mediation scheduled for 7/2/03 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/12/2003)

June 10, 2003

June 10, 2003

65

SETTLEMENT CONFERENCE MINUTES: before Magistrate Judge Maria−Elena James ( C/R not reported) ( Hearing Date: 7/2/03) Settlement conference held , further settlement conf. (Mag) at 2:00pm on 10/27/03 ; [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/09/2003)

July 2, 2003

July 2, 2003

66

ORDER by Mag. Judge Maria−Elena James further settlement conf. (Mag) at 2:00pm on 10/27/03 ; ( Date Entered: 7/9/03) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/09/2003)

July 3, 2003

July 3, 2003

67

ATTORNEY SUBSTITUTION: terminating attorney Kathryn Luhe, Nancy B. Bourne, Bridget A. Flanagan for Mt. Diablo Unified as counsel for by defendant Mt. Diablo Unified and substituting attorney Gregory J. Rolen, Gregory A. Wedner [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/11/2003)

July 3, 2003

July 3, 2003

68

LETTER dated 10/20/03 from Patricia W. Pearson re: confirming mediation schedule for 10/30/03 at 2:00pm [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/24/2003)

Oct. 22, 2003

Oct. 22, 2003

69

MINUTES: before Mag. Judge Maria−Elena James (Hearing Date: 10/30/03) Settlement conference held; further settlement conference will be held at 10:00 on 2/4/04 [4:98−cv−00951] (kc, COURT STAFF) (Entered: 11/03/2003)

Oct. 30, 2003

Oct. 30, 2003

71

ORDER by Mag. Judge Maria−Elena James amending the court's 10/31/03 order; further settlement conf. (Mag) at 10:00am on 2/4/04 ; ( Date Entered: 11/6/03) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/06/2003)

Nov. 5, 2003

Nov. 5, 2003

72

LETTER dated 11/12/03 from Rhoda Benedetti re: confirming mediation scheduled for 2/16/04 [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/19/2003)

Nov. 14, 2003

Nov. 14, 2003

73

SETTLEMENT CONFERENCE MINUTES: before Magistrate Judge Maria−Elena James ( C/R not reported) ( Hearing Date: 2/4/04) Settlement conference held; unable to settle [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/06/2004)

Feb. 4, 2004

Feb. 4, 2004

74

ORDER by Mag. Judge Maria−Elena James granting motion to reopen discovery for enforcement action pursuant to dispute resolution process of consent decree [49−1]; meet and confer set for 2/20/04 at 9:00am; Settlement conf. (Mag) at set for 4/21/04 re: policy matters; ( Date Entered: 2/10/04) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/10/2004)

Feb. 5, 2004

Feb. 5, 2004

75

ORDER by Mag. Judge Maria−Elena James clarifying scope of meet and confer ( Date Entered: 2/24/04) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/24/2004)

Feb. 20, 2004

Feb. 20, 2004

76

ORDER re reopening of discovery by Mag. Judge Maria−Elena James ( Date Entered: 3/5/04) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/05/2004)

March 2, 2004

March 2, 2004

77

LETTER dated 2/27/04 from Zara Zimmerman and Edward J. Sklar re: joint meet and confer detailing discovery disputes pursuant 2/5/04 court's order [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/09/2004)

March 2, 2004

March 2, 2004

78

MINUTES: before Magistrate Judge Maria−Elena James ( C/R Debra L. Pas) ( Hearing Date: 3/4/04); status conference held; parties to meet and confer; discovery plan dispute re: vio of consent decree filed in open court [4:98−cv−00951] (cp, COURT STAFF) Modified on 03/10/2004 (Entered: 03/10/2004)

March 4, 2004

March 4, 2004

79

Discovery plan dispute re: violation of consent decree [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/10/2004)

March 4, 2004

March 4, 2004

80

NOTICE by Plaintiffs of appearance [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/10/2004)

March 5, 2004

March 5, 2004

81

PROOF OF SERVICE by Plaintiff of notice [80−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/10/2004)

March 5, 2004

March 5, 2004

82

ORDER by Mag. Judge Maria−Elena James re reopening of discovery ( Date Entered: 3/12/04) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/12/2004)

March 10, 2004

March 10, 2004

84

SETTLEMENT CONFERENCE MINUTES: before Magistrate Judge Maria−Elena James ( C/R not reported) ( Hearing Date: 4/21/04) Settlement conference held [4:98−cv−00951] (cp, COURT STAFF) (Entered: 05/05/2004)

April 21, 2004

April 21, 2004

83

PROOF OF SERVICE by Plaintiffs of stipulation and proposed order to reschedule case management conference [4:98−cv−00951] (kc, COURT STAFF) (Entered: 04/30/2004)

April 26, 2004

April 26, 2004

85

ORDER by Mag. Judge Maria−Elena James that Lou Barber submit quarterly reports directly to the court for review ( Date Entered: 5/6/04) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 05/06/2004)

May 3, 2004

May 3, 2004

86

PROOF OF SERVICE by defendant of subpoena as to Michael Mankin [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

88

PROOF OF SERVICE by Mt. Diablo Unified of subpoena as to Steve Castellanos [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

89

LETTER dated 6/16/04 from Logan Hopper re: percipient witness [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/24/2004)

June 17, 2004

June 17, 2004

90

JOINT MEET AND CONFER LETTER dated 6/17/04 from Alexius Markwalder, Gregory Wedner and request a telephonic discovery conference [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/24/2004)

June 18, 2004

June 18, 2004

91

ORDER by Mag. Judge Maria−Elena James granting plaintiffs' motion to quash defendant's deposition notice ( Date Entered: 6/24/04) (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/24/2004)

June 22, 2004

June 22, 2004

92

ORDER of Reference by Judge Claudia Wilken to Magistrate Judge Maria−Elena James for all discovery motions (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/24/2004)

June 23, 2004

June 23, 2004

93

STIPULATION and ORDER by Mag. Judge Maria−Elena James: to toll discovery deadlines pending settlement negotiations for a period of 6 months; (cc: all counsel) [4:98−cv−00951] (kc, COURT STAFF) (Entered: 08/03/2004)

July 30, 2004

July 30, 2004

94

PROOF OF SERVICE by Plaintiff of stipulated request and (proposed) order setting subsequent case management conference [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/15/2005)

Feb. 14, 2005

Feb. 14, 2005

95

STIPULATION and ORDER by Judge Claudia Wilken : setting subsequent case management conference to 3/25/05 at 1:30pm; joint case management conference statement due a week before the conference; (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 02/18/2005)

Feb. 15, 2005

Feb. 15, 2005

96

PROOF OF SERVICE by Plaintiffs of stipulated request and proposed order extending discovery deadlines [4:98−cv−00951] (kc, COURT STAFF) (Entered: 03/01/2005)

Feb. 23, 2005

Feb. 23, 2005

97

STIPULATION and ORDER by Judge Claudia Wilken extending discovery deadlines : (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/08/2005)

March 2, 2005

March 2, 2005

98

NOTICE by Plaintiffs of association and appearance of counsels of attorney Mark A. Chavez, Maxwell S. Peltz [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/09/2005)

March 4, 2005

March 4, 2005

99

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

100

PROOF OF SERVICE by Plaintiff of statement case mangement [99−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/21/2005)

March 18, 2005

March 18, 2005

101

MINUTES: (C/R Peppina Thompson) (Hearing Date: 3/25/05) Case management conference held. Hearing on cross−motions for summary judgment will be held at 10:00 on 8/19/05; Plaintiff to file opening brief by 7/1/05; opposition/cross−motion due 7/22/05; reply/opposition due 7/29/05; surreply due 8/5/05 [4:98−cv−00951] (kc, COURT STAFF) (Entered: 03/31/2005)

March 25, 2005

March 25, 2005

RECEIVED stipulation re: right to move to compel if verified discovery responses vary from those proposed submitted by Plaintiffs [4:98−cv−00951] (kc, COURT STAFF) (Entered: 03/31/2005)

March 29, 2005

March 29, 2005

102

STIPULATION and ORDER by Mag. Judge Maria−Elena James re: right to move to compel if verified discovery responses vary from those proposed: (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 04/04/2005)

March 31, 2005

March 31, 2005

Case Details

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: March 10, 1998

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A mobility-disabled child who files on behalf of himself and others similarly situated

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Mount Diablo Unified School District (Contra Costa), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2010

Issues

Disability and Disability Rights:

Mobility impairment

Type of Facility:

Government-run