Case: Saldana-Neily v. Taco Bell of America

4:04-cv-04571 | U.S. District Court for the Northern District of California

Filed Date: Oct. 28, 2004

Closed Date: Feb. 13, 2015

Clearinghouse coding complete

Case Summary

On October 28, 2004, a disabled California resident who used a wheelchair for mobility filed a complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell and operators of a Union 76 gas station for having inaccessible restrooms in violation of Title III of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq; the California Public Accommodations Law, California Civil Code §§ 51, 52, 54, 54.1, 54.3, and 55; Californ…

On October 28, 2004, a disabled California resident who used a wheelchair for mobility filed a complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell and operators of a Union 76 gas station for having inaccessible restrooms in violation of Title III of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq; the California Public Accommodations Law, California Civil Code §§ 51, 52, 54, 54.1, 54.3, and 55; California Health and Safety Code, §§ 19955 to 19959; California's Unruh Civil Rights Act, Cal. Civ. Code §§ 51, 52; and the ADA, 42 U.S.C. § 12101FF. The Union 76 parties settled with the plaintiff, agreeing to damages and injunctive relief. Taco Bell is presently a party to a pending class action, and it appears the plaintiff's claim in this case will be resolved in the class action. 

The plaintiff sought an injunction ordering the defendants to remove the barriers to accessibility listed in the complaint and to comply with the statutes above. She also sought a preliminary injunction, statutory damages, treble damages for certain claims, attorneys' fees, and costs.

Taco Bell is presently a party to a pending class action, Moeller v. Taco Bell, also in the Northern District of California (docket number 4:02-cv-05849-PJH). On January 3, 2005, the District Court in Moeller ordered the case to be related to Saldana-Neily. It appears the plaintiffs' claims might be resolved in Moeller. 

On January 11, 2006, the District Court approved a consent decree between the plaintiff and the defendants who operated the Union 76 station. The consent decree included $10,000 in damages to the plaintiff and the defendants agreed to undertake remedial work set forth in an evaluation performed by expert Jonathan Adler.

On March 2008, the court adopted the magistrate judge's recommendation for an award of attorneys' fees and costs against these defendants of $48,392.80. Saldana-Neily v. Taco Bell Of America, Inc., No. 04-4571, 2008 U.S. Dist. LEXIS 22915 (N.D. Cal. 2008). On June 19, 2008, the Union 76 parties were dismissed with prejudice by a stipulated order.

Following the approval of a final settlement in the related case, Moeller v. Taco Bell, Judge Hamilton vacated the stay in this case, and ordered parties to appear for a case management conference in September 2014. 

The court issued a dismissal order on February 13, 2015, following a settlement conference where the parties reached an agreement. Judge Hamilton dismissed without prejudice, subject to conditions regarding settlement performance. Details of the settlement conference and agreement are unavailable to the Clearinghouse at this time.  

Summary Authors

Eric Weiler (8/19/2010)

Amanda Gao (3/8/2026)

Related Cases

Moeller v. Taco Bell, Northern District of California (2002)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5723644/parties/saldana-neily-v-taco-bell-of-america-inc/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Barbosa, Patricia (California)

Attorney for Defendant

Atwood, K. Lucy (California)

Dasteel, Jeffrey H. (California)

Faulkner, William (California)

Documents in the Clearinghouse

Documents in this case

4:04-cv-04571

Docket (PACER)

April 5, 2013

April 5, 2013

Docket
2

4:04-cv-04571

Complaint

Oct. 28, 2004

Oct. 28, 2004

Complaint

2004 WL 2880574

15

4:04-cv-04571

Defendant Taco Bell Of America, Inc.'s Answer To Plaintiff's Complaint

Dec. 3, 2004

Dec. 3, 2004

Pleading / Motion / Brief
18

4:04-cv-04571

Defendant Taco Bell Of America, Inc.'s First Amended Answer To Plaintiff's Complaint

Dec. 8, 2004

Dec. 8, 2004

Pleading / Motion / Brief
23

4:04-cv-04571

Hedia Petroleum Inc.'s And Bozorghadad Trust's Answer To Plaintiff's Complaint

Jan. 3, 2005

Jan. 3, 2005

Pleading / Motion / Brief
73

4:04-cv-04571

Consent Decree

Jan. 11, 2005

Jan. 11, 2005

Settlement Agreement
29

4:04-cv-04571

Defendant, Dorothy M. Hiura Trust's, Answer To Plaintiff's Complaint, And Cross Claim Against Taco Bell Corporation

Jan. 21, 2005

Jan. 21, 2005

Pleading / Motion / Brief
39

4:04-cv-04571

Cross-Defendant Taco Bell Corp.'s Answer To Defendant And Cross-Claimant Dorothy M. Hiura Trust's Cross Complaint

March 1, 2005

March 1, 2005

Pleading / Motion / Brief
98

4:04-cv-04571

Order Adopting Report And Recommendation [Granting Plaintiff's Motion For Attorney's Fees]

March 24, 2008

March 24, 2008

Order/Opinion

2008 WL 793872

107

4:04-cv-04571

Stipulation and Order for Dismissal With Prejudice of Claims Against Hedia Petroleum, Inc., dba Campbell Union 76 and Bozorghadad Trust Only

June 19, 2008

June 19, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5723644/saldana-neily-v-taco-bell-of-america-inc/

Last updated Jan. 27, 2026, 10:50 a.m.

ECF Number Date Description Link
1 Oct. 28, 2004

ADR SCHEDULING ORDER: Case Management Statement due by 2/22/2005. Case Management Conference set for 3/1/2005 02:00 PM. (Attachments: # 1 Standing Order) (bw, COURT STAFF) (Filed on 10/28/2004) (Entered: 10/28/2004)

PACER
2 Oct. 28, 2004

COMPLAINT (Summons Issued); jury demand; against Bozorghadad Trust, Dorothy M. Hiura Trust, Hedia Petroleum, Inc., Taco Bell of America, Inc. ( Filing fee $ 150, receipt number 4410300.). Filed by Ernestina Saldana−Neily. (bw, COURT STAFF) (Filed on 10/28/2004) Additional attachment(s) added on 10/29/2004 (bw, COURT STAFF). (Entered: 10/28/2004)

Clearinghouse
Oct. 28, 2004

Summons Issued as to Bozorghadad Trust, Dorothy M. Hiura Trust, Hedia Petroleum, Inc., Taco Bell of America, Inc.. (bw, COURT STAFF) (Filed on 10/28/2004) (Entered: 10/28/2004)

PACER
Oct. 28, 2004

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 10/28/2004) (Entered: 10/28/2004)

PACER
3 Nov. 5, 2004

CONSENT to Proceed Before a US Magistrate Judge by Ernestina Saldana−Neily.. (Rein, Paul) (Filed on 11/5/2004) (Entered: 11/05/2004)

PACER
4 Nov. 17, 2004

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 1 ADR Scheduling Order, 2 Complaint, (bw, COURT STAFF) (Filed on 11/17/2004) Additional attachment(s) added on 11/17/2004 (bw, COURT STAFF). (Entered: 11/17/2004)

PACER
5 Nov. 17, 2004

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 1 ADR Scheduling Order, 2 Complaint, (bw, COURT STAFF) (Filed on 11/17/2004) Additional attachment(s) added on 11/17/2004 (bw, COURT STAFF). (Entered: 11/17/2004)

PACER
6 Nov. 22, 2004

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 1 ADR Scheduling Order, 2 Complaint, Bozorghadad Trust (bw, COURT STAFF) (Filed on 11/22/2004) Additional attachment(s) added on 11/23/2004 (bw, COURT STAFF). (Entered: 11/22/2004)

PACER
7 Nov. 23, 2004

STIPULATION and [Proposed] Order Extending Time for Defenadnt Taco Bell of America, Inc. to Respond to Plaintiff's Complaint by Taco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 11/23/2004) (Entered: 11/23/2004)

PACER
8 Nov. 23, 2004

Certificate of Interested Entities (Dasteel, Jeffrey) (Filed on 11/23/2004) (Entered: 11/23/2004)

PACER
9 Nov. 23, 2004

First Declination to Proceed Before a U.S. Magistrate Judge by Taco Bell of America, Inc. and Request Reassignment to A United States District Judge . (Dasteel, Jeffrey) (Filed on 11/23/2004) (Entered: 11/23/2004)

PACER
11 Nov. 29, 2004

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 11/29/2004) (Entered: 11/29/2004)

PACER
12 Nov. 29, 2004

ORDER REASSIGNING CASE. Case reassigned to Judge Jeremy Fogel for all further proceedings. Judge Patricia V Trumbull remains as the referral judge. Signed by Executive Committee on November 29, 2004. (bw, COURT STAFF) (Filed on 11/29/2004) (Entered: 11/29/2004)

PACER
Nov. 29, 2004

Clerk mailed copy of Reassignment Order to all parties. (bw, COURT STAFF) (Filed on 11/29/2004) (Entered: 11/29/2004)

PACER
13 Nov. 30, 2004

CLERK'S NOTICE Case Management Conference set for 3/4/2005 at 10:30 AM. (dlm, COURT STAFF) (Filed on 11/30/2004) (Entered: 11/30/2004)

PACER
14 Dec. 1, 2004

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT. Signed by Judge Jeremy Fogel on 12/1/04. (jfsec, COURT STAFF) (Filed on 12/1/2004) (Entered: 12/01/2004)

PACER
15 Dec. 3, 2004

ANSWER to Complaint byTaco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 12/3/2004) (Entered: 12/03/2004)

Clearinghouse
16 Dec. 3, 2004

NOTICE of Related Case and Notice of Pendency Pursuant to Local Rules 3−12 and 3−13 (Dasteel, Jeffrey) (Filed on 12/3/2004) (Entered: 12/03/2004)

PACER
17 Dec. 7, 2004

SUMMONS Returned Executed by Ernestina Saldana−Neily. Dorothy M. Hiura Trust served on 11/23/2004, answer due 12/13/2004. (gm, COURT STAFF) (Filed on 12/7/2004) (Entered: 12/08/2004)

PACER
18 Dec. 8, 2004

First Amended ANSWER to Complaint byTaco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 12/8/2004) (Entered: 12/08/2004)

Clearinghouse
19 Dec. 10, 2004

NOTICE of Related Case Opposition (Rein, Paul) (Filed on 12/10/2004) (Entered: 12/10/2004)

PACER
20 Dec. 20, 2004

RESPONSE to re 16 Notice of Related Case Reply to Plaintiff's Opposition to Notice of Related Case and Notice of Pendency by Taco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 12/20/2004) (Entered: 12/20/2004)

PACER
21 Dec. 29, 2004

STIPULATION for Extension of Time to Answer Complaint by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 12/29/2004) (Entered: 12/29/2004)

PACER
22 Jan. 3, 2005

ORDER RELATING CASE (02−5849) and ORDER REASSIGNING CASE. Case reassigned to Judge Martin J. Jenkins for all further proceedings. Judge Jeremy Fogel and Patricia V Trumbull no longer assigned to case. Signed by Judge Martin J. Jenkins on 12/28/2004. (mat, COURT STAFF) (Filed on 1/3/2005) (Entered: 01/03/2005)

PACER
23 Jan. 3, 2005

ANSWER to Complaint byBozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 1/3/2005) (Entered: 01/03/2005)

Clearinghouse
24 Jan. 3, 2005

DEMAND for Trial by Jury by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 1/3/2005) (Entered: 01/03/2005)

PACER
25 Jan. 3, 2005

ORDER granting 21 Stipulation filed by Hedia Petroleum, Inc.,, Bozorghadad Trust,. Signed by Judge Martin J. Jenkins on 1/3/2005. (mat, COURT STAFF) (Filed on 1/3/2005) (Entered: 01/04/2005)

PACER
26 Jan. 7, 2005

CLERK'S NOTICE [Reassigned Case] Case Management Conference set for 2/8/2005 02:00 PM. Case Management Statement due by 1/31/2005. (Attachments: # 1 Standing Order) (mat, COURT STAFF) (Filed on 1/7/2005) (Entered: 01/07/2005)

PACER
27 Jan. 14, 2005

STIPULATION re 2 Complaint, Stipulation Regarding Response to Plaintiff's Complaint by Dorothy M. Hiura Trust. (Faulkner, William) (Filed on 1/14/2005) (Entered: 01/14/2005)

PACER
29 Jan. 21, 2005

Defendant, Dorothy M. Hiura Trust's ANSWER to Complaint with Jury Demand and , CROSSCLAIM against Taco Bell Corporation byDorothy M. Hiura Trust. (Faulkner, William) (Filed on 1/21/2005) (Entered: 01/21/2005)

Clearinghouse
30 Jan. 26, 2005

NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) (Attachments: # 1 Attachment A to ADR Certification)(McLean, Julie) (Filed on 1/26/2005) (Entered: 01/26/2005)

PACER
31 Jan. 26, 2005

ADR Clerks Notice Setting ADR Phone Conference on 2/4/05 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/26/2005) (Entered: 01/26/2005)

PACER
Jan. 31, 2005

Summons Issued as to Taco Bell Corporation. (slh, COURT STAFF) (Filed on 1/31/2005) (Entered: 02/02/2005)

PACER
32 Feb. 1, 2005

JOINT CASE MANAGEMENT STATEMENT filed by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 2/1/2005) (Entered: 02/01/2005)

PACER
33 Feb. 2, 2005

ADR Clerks Notice The ADR Phone Conference has been rescheduled to 11:00 a.m. on 2/4/05. (tjs, COURT STAFF) (Filed on 2/2/2005) (Entered: 02/02/2005)

PACER
Feb. 3, 2005

ADR Phone Conference by HAH (tjs, COURT STAFF) (Filed on 2/3/2005) (Entered: 02/04/2005)

PACER
34 Feb. 8, 2005

CERTIFICATE OF SERVICE by Dorothy M. Hiura Trust Cross−Claim on Taco Bell Corporation (Faulkner, William) (Filed on 2/8/2005) (Entered: 02/08/2005)

PACER
35 Feb. 8, 2005

Minute Entry: Initial Case Management Conference held on 2/8/2005 before Martin J. Jenkins (Date Filed: 2/8/2005). (Court Reporter Not reported.) (mat, COURT STAFF) (Date Filed: 2/8/2005) (Entered: 02/15/2005)

PACER
36 Feb. 22, 2005

STIPULATION and [Proposed] Order Extending Time for Cross−Defendant Taco Bell Corp. to Respond to Defendant and Cross−Claimant's Cross−Complaint by Taco Bell Corporation. (Dasteel, Jeffrey) (Filed on 2/22/2005) (Entered: 02/22/2005)

PACER
37 Feb. 24, 2005

ORDER granting 36 Stipulation filed by Taco Bell Corporation,. Signed by Judge Martin J. Jenkins on 2/23/2005. (mat, COURT STAFF) (Filed on 2/24/2005) (Entered: 02/24/2005)

PACER
38 Feb. 28, 2005

STIPULATION FOR STAY ON INJUNCTIVE RELIEF AS TO TACO BELL; ARRANGEMENTS FOR SITE INSPECTION AND REFERRAL FOR SETTLEMENT CONFERENCE; PROPOSED ORDER THEREON by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 2/28/2005) (Entered: 02/28/2005)

PACER
39 March 1, 2005

ANSWER TO CROSSCLAIM Cross−Defendant Taco Bell Corp.'s Answer to Defendant and Cross−Claimant Dorothy M. Hiura Trust's Cross−Complaint byTaco Bell Corporation. (Dasteel, Jeffrey) (Filed on 3/1/2005) (Entered: 03/01/2005)

Clearinghouse
40 March 1, 2005

Certificate of Interested Entities (Dasteel, Jeffrey) (Filed on 3/1/2005) (Entered: 03/01/2005)

PACER
41 March 8, 2005

ORDER granting 38 Stipulation filed by Ernestina Saldana−Neily, Further Case Management Conference set for 6/14/2005 02:00 PM. Case Management Statement due 6/6/2005. Signed by Judge Martin J. Jenkins on 3/7/2005. (mat, COURT STAFF) (Filed on 3/8/2005) (Entered: 03/08/2005)

PACER
42 April 8, 2005

ORDER Settlement Conference set for 5/18/2005 10:00 AM.. Signed by Judge MARIA−ELENA JAMES on 4/8/05. (bjt, COURT STAFF) (Filed on 4/8/2005) (Entered: 04/08/2005)

PACER
43 April 27, 2005

MOTION Administrative Relief: Order for Settlement Conference After Case Management Conference filed by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 4/27/2005) (Entered: 04/27/2005)

PACER
45 May 6, 2005

Proposed Order re 43 MOTION Administrative Relief: Order for Settlement Conference After Case Management Conference by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 5/6/2005) (Entered: 05/06/2005)

PACER
46 May 9, 2005

ORDER by Judge Martin J. Jenkins granting 43 Motion for Administrative Relief. (mat, COURT STAFF) (Filed on 5/9/2005) (Entered: 05/09/2005)

PACER
47 May 11, 2005

STIPULATION re 42 Order, Set Hearings − to continue settlement conference date by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 5/11/2005) (Entered: 05/11/2005)

PACER
48 May 23, 2005

ORDER CONTINUING SETTLEMENT CONFERENCE PURSUANT TO STIPULATION; SETTLEMENT CONF. CONTINUED TO JULY 12, 2005 AT 10:00 A.M. Signed by Judge Maria−Elena James on May 23, 2005. (mejlc2, COURT STAFF) (Filed on 5/23/2005) (Entered: 05/23/2005)

PACER
49 June 6, 2005

CASE MANAGEMENT STATEMENT Plaintiff's Updated Case Management Conference Statement filed by Ernestina Saldana−Neily. (Rein, Paul) (Filed on 6/6/2005) (Entered: 06/06/2005)

PACER
50 June 6, 2005

JOINT CASE MANAGEMENT STATEMENT filed by Taco Bell of America, Inc.. (Dasteel, Jeffrey) (Filed on 6/6/2005) (Entered: 06/06/2005)

PACER
51 June 13, 2005

CASE MANAGEMENT STATEMENT Plaintiff's Supplemental Case Management Conference Statement filed by Ernestina Saldana−Neily. (Rein, Paul) (Filed on 6/13/2005) (Entered: 06/13/2005)

PACER
52 June 14, 2005

Minute Entry: Status Conference (Date Filed: 6/14/2005). (Court Reporter Not reported.) (mat, COURT STAFF) (Date Filed: 6/14/2005) (Entered: 06/16/2005)

PACER
53 July 12, 2005

Minute Entry: Settlement Conference (Date Filed: 7/12/2005). Further Settlement Conference set for 7/29/2005 10:00 AM. () (bjt, COURT STAFF) (Date Filed: 7/12/2005) (Entered: 07/12/2005)

PACER
54 July 13, 2005

ORDER SCHEDULING FURTHER SETTLEMENT CONFERENCE ON JULY 29, 2005 AT 10 A.M. Signed by Judge Maria-Elena James on July 13, 2005. (mejlc2, COURT STAFF) (Filed on 7/13/2005)

RECAP
55 July 26, 2005

Letter from Plaintiff's Counsel Paul L. Rein. (Rein, Paul) (Filed on 7/26/2005) (Entered: 07/26/2005)

PACER
56 July 29, 2005

Minute Entry: Settlement Conference (Date Filed: 7/29/2005). Parties to contact Court by 8−5−05 re settlement. (bjt, COURT STAFF) (Date Filed: 7/29/2005) (Entered: 07/29/2005)

PACER
57 Aug. 2, 2005

Letter from Jeffrey H. Dasteel in response to Plaintiff's letter dated July 26, 2005. (Dasteel, Jeffrey) (Filed on 8/2/2005) (Entered: 08/02/2005)

PACER
58 Aug. 9, 2005

ORDER EXTENDING DEADLINE TO SUBMIT STATUS REPORT TO AUGUST 12, 2005 (re 57 Letter filed by Taco Bell of America, Inc.). Signed by Judge Maria-Elena James on August 9, 2005. (mejlc2, COURT STAFF) (Filed on 8/9/2005)

RECAP
59 Aug. 15, 2005

Letter from PAUL L. REIN. (Rein, Paul) (Filed on 8/15/2005) (Entered: 08/15/2005)

PACER
60 Aug. 18, 2005

Letter from Jeffrey H. Dasteel. (Dasteel, Jeffrey) (Filed on 8/18/2005) (Entered: 08/18/2005)

PACER
61 Aug. 19, 2005

Letter from Richard G. Grotch Confirming Availability of Counsel for Further Settlement Conference. (Grotch, Richard) (Filed on 8/19/2005) (Entered: 08/19/2005)

PACER
62 Oct. 19, 2005

ORDER RE: AMCO INSURANCE COMPANY'S PRESENCE AT THE OCTOBER 26, 2005, SETTLEMENT CONFERENCE. Signed by Judge Maria-Elena James on 10/8/2005. (mejlc2, COURT STAFF) (Filed on 10/19/2005)

RECAP
64 Nov. 2, 2005

Proposed Order and Consent Decree as to Campbell Union 76, Hedia Petroleum Inc. and Bozorghadad Trust Only by Ernestina Saldana−Neily. (Attachments: # 1 Letter)(Rein, Paul) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
65 Nov. 7, 2005

Letter from Jeffrey H. Dasteel, Esq.. (Dasteel, Jeffrey) (Filed on 11/7/2005) (Entered: 11/07/2005)

PACER
66 Nov. 7, 2005

Letter from Jeffrey H. Dasteel. (Dasteel, Jeffrey) (Filed on 11/7/2005) (Entered: 11/07/2005)

PACER
67 Dec. 6, 2005

STIPULATION and [Proposed] Order for Good Faith Settlement Determination by Bozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 12/6/2005) (Entered: 12/06/2005)

PACER
68 Dec. 9, 2005

ORDER granting 67 Stipulation for A Good Faith Settlement Determination between Plaintiff and The Union 76 Defendant filed by Hedia Petroleum, Inc.,, Bozorghadad Trust,. Signed by Judge Martin J. Jenkins on 12/9/2005. (mat, COURT STAFF) (Filed on 12/9/2005)

RECAP
69 Jan. 3, 2006

ORDER by Judge Martin J. Jenkins for Substitution of Attorney: Attorney Gregory F. Hurley added for Taco Bell. Attorney Jeffrey H. Dasteel terminated. (slh, COURT STAFF) (Filed on 1/3/2006)

RECAP
70 Jan. 6, 2006

Proposed Order AND CONSENT DECREE by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 1/6/2006) (Entered: 01/06/2006)

PACER
71 Jan. 6, 2006

STIPULATION AND [PROPOSED] ORDER TO WITHDRAW PRIOR CONSENT DECREE by Ernestina Saldana−Neily. (McLean, Julie) (Filed on 1/6/2006) (Entered: 01/06/2006)

PACER
72 Jan. 11, 2006

ORDER granting 71 Stipulation filed by Ernestina Saldana-Neily,. Signed by Judge Martin J. Jenkins on 1/11/2006. (mat, COURT STAFF) (Filed on 1/11/2006)

RECAP
73 Jan. 11, 2006

CONSENT DECREE and ORDER as to Campbell Union 76, Hedia Petroleum, Inc., and Bozorghadad. Signed by Judge Martin J. Jenkins on 1/11/2006. (mat, COURT STAFF) (Filed on 1/11/2006)

Clearinghouse
74 May 23, 2006

Letter from Plaintiff's Attorney, Paul Rein. (mat, COURT STAFF) (Filed on 5/23/2006) (Entered: 06/06/2006)

PACER
75 Oct. 29, 2007

MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRUST ONLY filed by Ernestina Saldana−Neily. Motion Hearing set for 12/4/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
76 Oct. 29, 2007

Proposed Order re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU by Ernestina Saldana−Neily. (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
77 Oct. 29, 2007

Declaration of PAUL L. REIN in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 1 and 2# 2 Exhibit 3 part 1# 3 Exhibit 3 part 2# 4 Exhibit 3 part 3# 5 Exhibit 3 part 4# 6 Exhibit 3 part 5# 7 Exhibit 3 part 6# 8 Exhibit 3 part 7# 9 Exhibit 3 part 8# 10 Exhibit 3 part 9)(Related document(s)

PACER
79 Oct. 29, 2007

EXHIBITS re 77 Declaration in Support,, EXHIBITS TO REIN DEC NUMBER 4 THROUGH 16 filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 6 through 9# 2 Exhibit 10 and 11# 3 Exhibit 12 through 14# 4 Exhibit 15 and 16)(Related document(s) 77 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
80 Oct. 29, 2007

Declaration of PATRICIA BARBOSA in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 1)(Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
81 Oct. 29, 2007

Declaration of JULIE OSTIL in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Attachments: # 1 Exhibit 1)(Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
82 Oct. 29, 2007

Declaration of STEVEN L. REIN in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU AND EXHIBITS A THROUGH D filed byErnestina Saldana−Neily. (Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
83 Oct. 29, 2007

Declaration of SID WOLINSKY in Support of 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed byErnestina Saldana−Neily. (Related document(s) 75 ) (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
84 Oct. 29, 2007

CERTIFICATE OF SERVICE by Ernestina Saldana−Neily re 83 Declaration in Support, 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU, 76 Proposed Order, 77 Declaration in Support,, 80 Declaration in Support, 81 Declaration in Support, 78 Exhibits, 79 Exhibits, 82 Declaration in Support, (Ostil, Julie) (Filed on 10/29/2007) (Entered: 10/29/2007)

PACER
85 Oct. 30, 2007

Proposed Order re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU Corrected Proposed Order by Ernestina Saldana−Neily. (Rein, Paul) (Filed on 10/30/2007) (Entered: 10/30/2007)

PACER
86 Oct. 30, 2007

ORDER REFERRING MOTION: 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed by Ernestina Saldana−Neily. Signed by Judge Martin J. Jenkins on 10/30/07. (rbe, COURT STAFF) (Filed on 10/30/2007) Additional attachment(s) added on 10/30/2007 (rbe, COURT STAFF). (Entered: 10/30/2007)

PACER
Oct. 31, 2007

CASE REFERRED to Magistrate Judge Edward M. Chen for Report and Recommendation on attys' fees &costs. (wh, COURT STAFF) (Filed on 10/31/2007) (Entered: 10/31/2007)

PACER
87 Nov. 1, 2007

NOTICE of Change of Address by Richard Hidehito Hikida, Esq (Hikida, Richard) (Filed on 11/1/2007) (Entered: 11/01/2007)

PACER
88 Nov. 1, 2007

NOTICE of Appearance by Richard Hidehito Hikida, Esq (Hikida, Richard) (Filed on 11/1/2007) (Entered: 11/01/2007)

PACER
89 Nov. 2, 2007

NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Edward M. Chen on 11/2/07. (bpf, COURT STAFF) (Filed on 11/2/2007)

RECAP
90 Nov. 2, 2007

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing reset for 1/2/2008 10:30 AM in Courtroom C, 15th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 11/2/2007) (Entered: 11/02/2007)

PACER
91 Dec. 4, 2007

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing reset for 1/16/2008 10:30 AM in Courtroom C, 15th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/04/2007)

PACER
92 Dec. 12, 2007

Memorandum in Opposition re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU ST filed byBozorghadad Trust, Hedia Petroleum, Inc.. (Grotch, Richard) (Filed on 12/12/2007) (Entered: 12/12/2007)

PACER
93 Dec. 12, 2007

DECLARATION of Richard G. Grotch in Opposition to 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU ST filed byBozorghadad Trust, Hedia Petroleum, Inc.. (Related document(s) 75 ) (Grotch, Richard) (Filed on 12/12/2007) (Entered: 12/12/2007)

PACER
94 Dec. 19, 2007

Reply to Opposition (Plaintiff's Memo of Points and Authorities in Reply to Union 76 Defendants' Opposition to Plaintiff's Motion for Attorney Fees) filed byErnestina Saldana−Neily. (Rein, Paul) (Filed on 12/19/2007) (Entered: 12/19/2007)

PACER
95 Dec. 19, 2007

Declaration of Paul L. Rein (Supplemental Declaration of Paul L. Rein in Support of Plaintiff's Reply to Defendants' Opposition re: Plaintiff''s Motion for Attorney Fees from "Union 76" Defendants) filed byErnestina Saldana−Neily. (Rein, Paul) (Filed on 12/19/2007) (Entered: 12/19/2007)

PACER
96 Jan. 16, 2008

Minute Entry: Motion Hearing held on 1/16/2008 before Edward M. Chen (Date Filed: 1/16/2008) re 75 MOTION for Attorney Fees PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS, AS AGAINST DEFENDANTS HEDIA PETROLEUM, INC. dba CAMPBELL UNION 76 AND BOZORGHADAD TRU filed by Ernestina Saldana−Neily. Court took matter under submission and will issue order (Court Reporter Belle Ball.) (bpf, COURT STAFF) (Date Filed: 1/16/2008) (Entered: 01/16/2008)

PACER
97 March 4, 2008

REPORT AND RECOMMENDATION Granting 75 Plaintiff's Motion for Attorney's Fees. Objections to R&R due by 3/14/2008. Signed by Magistrate Judge Edward M. Chen on 3/4/2008. (emcsec, COURT STAFF) (Filed on 3/4/2008)

RECAP
98 March 24, 2008

ORDER by Judge Martin J. Jenkins adopting 97 Report and Recommendations as to 75 Motion for Attorney Fees; (mjjlc1, COURT STAFF) (Filed on 3/24/2008)

Clearinghouse
99 April 7, 2008

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Judge Hon. Martin J. Jenkins no longer assigned to case. Signed for The Executive Committee: Richard W. Wieking, Clerk on 4/7/08. (far, COURT STAFF) (Filed on 4/7/2008) (Entered: 04/08/2008)

PACER

Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 28, 2004

Closing Date: Feb. 13, 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Paraplegic patron of restaurant and service station.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Bozorghadad Trust

Dorothy Hiura Trust

Hedia Petroleum, Inc.

Taco Bell Of America, Inc.

Case Details

Causes of Action:

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

State law

Other Dockets:

Northern District of California 4:04-cv-04571

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Amount Defendant Pays: $60,000

Order Duration: 2006 - 2015

Issues

Disability and Disability Rights:

Mobility impairment

Reasonable Modifications

Recommended Citation