Case: Darensberg v. Metropolitan Transportation Commission

3:05-cv-01597 | U.S. District Court for the Northern District of California

Filed Date: April 19, 2005

Closed Date: 2009

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Case Summary

On April 19, 2005, a class of members of racial minority groups who ride buses operated by the Alameda-Contra Costa Transit District ("AC Transit"), a labor union, and a community-based organization filed a federal class action lawsuit under 42 U.S.C. § 1983 against the Metropolitan Transportation Commission ("MTC") in the U.S. District Court for the Northern District of California, San Francisco Division. The plaintiffs alleged that MTC has historically engaged, and continues to engage in a policy, pattern or practice of actions and omissions that have the purpose and effect of discriminating against poor transit riders of color in favor of white, suburban transit users, on the basis of their race and national origin. The plaintiffs asked the court for declaratory and injunctive relief.

In June 2005, the parties consented to proceed before a U.S. Magistrate Judge (Magistrate Judge Elizabeth D. Laporte.) This action was also assigned to the Alternative Dispute Resolution (ADR) Multi-Option Program for the Northern District of California. The parties engaged in ADR discussions running parallel to the litigation. On Feburary 21, 2007, the parties stipulated to class certification.

After Magistrate Judge Laporte denied Plaintiffs' Motion for Summary Judgment, and granted in part and denied in part Defendant's Motion for Summary Judgment, the case went to trial in October 2008. After a prolonged trial, on March 27, 2009, Magistrate Judge Laporte filed Findings of Fact and Conclusions of Law and entered a judgment in favor of the defendant. Although the Court agreed with the plaintiffs that MTC caused a "disparate impact," it found that MTC had a "substantial legitimate justification" for its practices because it had relied on the Partnership Advisory Board in formulating them, and because it had other competing goals to meet (such as reducing highway congestion, enhancing transportation connectivity, ensuring safety and security of transportation system). The Court ruled that these justifications were sufficient to allow MTC to continue these practices in spite of their discriminatory impact.

On April 23, 2009, the plaintiffs appealed the case to the Ninth Circuit Court of Appeals. On February 16, 2011, the Court of Appeals filed an opinion to affirm the judgment of the District Court.

Summary Authors

Xin Chen (4/1/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4182878/parties/darensburg-v-metropolitan-transportation-commission/

Judge(s)

Attorney for Plaintiff

Bloch, Adrienne L. (California)

Brigham, Matthew J. (California)

Dermody, Kelly M. (California)

Attorney for Defendant

Arnold, Karin Manwaring (California)

Chin, Francis F. (California)

Expert/Monitor/Master/Other

Judge(s)

Laporte, Elizabeth D. (California)

Noonan, John T. Jr. (California)

Silverman, Barry G. (Arizona)

Attorney for Plaintiff

Bloch, Adrienne L. (California)

Brigham, Matthew J. (California)

Dermody, Kelly M. (California)

Fondo, Grant P. (California)

Hasselman, Margaret Elizabeth (California)

Hutchinson, Daniel M. (California)

Jongco, Angelica Kristen (California)

Lee, Bill Lann (California)

Lye, Linda (California)

Marathe, Neha Mukund (California)

Marcantonio, Richard A. (California)

Mayer, Guillermo (California)

Navarro, Heather Annette Dunn (California)

Nussbaum, Peter David (California)

Purtell, Daniel T. (California)

Rostov, William B. (California)

Santamaria, Jessica Valenzuela (California)

Sekhon, Nirej S. (California)

Steinberger, Sacha Crittenden (California)

VOIGT, ELISABETH (California)

Attorney for Defendant

Arnold, Karin Manwaring (California)

Chin, Francis F. (California)

Hofmann, Adam Wolff (California)

Manolius, Kimon (California)

Segal, Cynthia E. (California)

Veit, Julia Heller (California)

Webster, Warren Richmond (California)

Other

Juran, Laura P. (California)

Mass, Julia Harumi (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:05-cv-01597	Docket Darensburg v. Metropolitan Transportation Commission	March 17, 2011	March 17, 2011 Docket
45 3:05-cv-01597	Defendant's Amended Motion to Dismiss and Memorandum	Nov. 1, 2005	Nov. 1, 2005 Pleading / Motion / Brief
48 3:05-cv-01597	Plaintiff's Memorandum in Opposition to Defandant's Amended Motion to Dismiss	Nov. 29, 2005	Nov. 29, 2005 Pleading / Motion / Brief
116 3:05-cv-01597	Stipulation and Order re Discovery and Class Certification	Feb. 23, 2007	Feb. 23, 2007 Order/Opinion
137 3:05-cv-01597	Second Amended Complaint	Nov. 1, 2007	Nov. 1, 2007 Complaint
175 3:05-cv-01597	Plaintiff's Memorandum for Summary Adjudication	April 1, 2008	April 1, 2008 Pleading / Motion / Brief
177 3:05-cv-01597	Defendant's Motion for Summary Judgment Against Plaintiff's ATU and CBE and Memorandum	April 22, 2008	April 22, 2008 Pleading / Motion / Brief
179 3:05-cv-01597	Defendant's Motion for Summary Judgment Against Plaintiffs and the Plaintiff Class for Lack of Standing and Memorandum	April 22, 2008	April 22, 2008 Pleading / Motion / Brief
195 3:05-cv-01597	Defendant's Memorandum for Summary Judgment Or in the Alternative Partial Summary Judgment	April 23, 2008	April 23, 2008 Pleading / Motion / Brief
258 3:05-cv-01597	Order Denying Plaintiffs' Motion for Summary Adjudication; Granting in Part and Denying in Part Defendants' Motion for Summary Judgment	Aug. 21, 2008	Aug. 21, 2008 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Darensburg v. MTC Public Advocates	On April 19, 2005, Public Advocates and a coalition including bus riders, labor, and civil rights advocates filed a federal class action lawsuit against the Bay Area’s Metropolitan Transportation Com…	April 19, 2005	April 19, 2005 https://www.publicadvocates.org/...
Darensburg v. MTC Public Advocates	On April 19, 2005, Public Advocates and a coalition including bus riders, labor, and civil rights advocates filed a federal class action lawsuit against the Bay Area’s Metropolitan Transportation Com…	April 19, 2005	April 19, 2005 https://www.publicadvocates.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182878/darensburg-v-metropolitan-transportation-commission/

Last updated March 26, 2026, 4:53 a.m.

ECF Number	Date	Description	Link
1	April 19, 2005	CLASS ACTION COMPLAINT For Injunctive & Declaratory Relief - [Summons Issued] against Metropolitan Transportation Commission, [Filing Fee: $250.00, Receipt Number 3371505]. Filed by Plaintiffs Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg & Virginia Martinez. (tn, COURT STAFF) (Filed on 4/19/2005) Additional attachment(s) added on 4/20/2005 (tn, COURT STAFF). Additional attachment(s) added on 4/20/2005 (tn, COURT STAFF). (Entered: 04/20/2005)	RECAP
2	April 19, 2005	ADR SCHEDULING ORDER: Case Management Statement due 8/16/2005 & Initial Case Management Conference set for 8/23/2005 10:00 AM. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Filed on 4/19/2005) (Entered: 04/20/2005) 1 Standing Order View on PACER	RECAP
3	May 3, 2005	CLERK'S NOTICE: Cases C-01-750-TEH and C-05-1597-EDL are not related (tdm, COURT STAFF) (Filed on 5/3/2005) (Entered: 05/03/2005)	RECAP
4	May 5, 2005	CERTIFICATE OF SERVICE by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez of Summons and Complaint (Sekhon, Nirej) (Filed on 5/5/2005) (Entered: 05/05/2005)	RECAP
5	June 10, 2005	MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof filed by Metropolitan Transportation Commission. Motion Hearing set for 8/2/2005 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)	RECAP
6	June 10, 2005	Request for Judicial Notice re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof filed byMetropolitan Transportation Commission. (Related document(s) 5 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)	RECAP
7	June 10, 2005	CONSENT to Proceed Before a US Magistrate Judge by Metropolitan Transportation Commission.. (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)	RECAP
8	June 10, 2005	Declaration of Kimon Manolius in Support of 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A)(Related document(s) 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005) 1 Exhibit A View on PACER	RECAP
9	June 10, 2005	Declaration of Therese McMillan in Support of 8 Declaration in Support,, 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A-O (Manual Filing Notification))(Related document(s) 8, 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005) 1 Exhibit A-O (Manual Filing Notification) View on PACER	RECAP
10	June 10, 2005	Declaration of Kenneth A. Duron in Support of 8 Declaration in Support,, 9 Declaration in Support,, 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2))(Related document(s) 8, 9, 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005) 1 Exhibit A (Part 1) View on PACER 2 Exhibit A (Part 2) View on PACER	RECAP
11	June 10, 2005	Declaration of Deborah F. McClain in Support of 8 Declaration in Support,, 9 Declaration in Support,, 10 Declaration in Support,, 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof, 6 Request for Judicial Notice, filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2))(Related document(s) 8, 9, 10, 5, 6 ) (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005) 1 Exhibit A (Part 1) View on PACER 2 Exhibit A (Part 2) View on PACER	RECAP
12	June 10, 2005	CERTIFICATE OF SERVICE by Metropolitan Transportation Commission re 9 Declaration in Support, Manual Filing Notification Regarding: Exhibits A-O to the Declaration of Therese McMillan (Manolius, Kimon) (Filed on 6/10/2005) (Entered: 06/10/2005)	RECAP
13	June 13, 2005	NOTICE of Manual Filing of EXHIBITS A-O to the Declaration of Therese McMillan re 9 Filed by Defendant Metropolitan Transportation Commission. (tn, COURT STAFF) (Filed on 6/13/2005) (Entered: 06/16/2005)	RECAP
14	June 17, 2005	CONSENT to Proceed Before a US Magistrate Judge by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez.. (Sekhon, Nirej) (Filed on 6/17/2005) (Entered: 06/17/2005)	RECAP
15	June 28, 2005	Proposed Order re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/28/2005) (Entered: 06/28/2005)	RECAP
16	June 29, 2005	STIPULATION and Proposed Order to Continue Hearing Date by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 6/29/2005) (Entered: 06/29/2005)	RECAP
17	June 30, 2005	STIPULATION AND ORDER CONTINUING HEARING ON MOTION TO DISMISS. Signed by Magistrate Judge Elizabeth D. Laporte on June 30, 2005. (edllc2, COURT STAFF) (Filed on 6/30/2005) (Entered: 06/30/2005)	RECAP
18	July 25, 2005	OBJECTIONS to re 6 Request for Judicial Notice, by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 7/25/2005) (Entered: 07/25/2005)	RECAP
19	July 25, 2005	Memorandum in Opposition re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof -- Plaintiffs' Opposition to Defendant Metropolitan Transportation Commission's Motion to Dismiss filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 7/25/2005) (Entered: 07/25/2005)	RECAP
20	July 25, 2005	Proposed Order re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof -- [Proposed] Order Denying Defendant Metropolitan Transportation Commission's Motion to Dismiss by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 7/25/2005) (Entered: 07/25/2005)	RECAP
21	July 29, 2005	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options for Plaintiff Amalgamated Transit Union Local 192 (Lye, Linda) (Filed on 7/29/2005) (Entered: 07/29/2005)	RECAP
22	Aug. 2, 2005	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options for Individual Plaintiffs (Sekhon, Nirej) (Filed on 8/2/2005) (Entered: 08/02/2005)	RECAP
23	Aug. 2, 2005	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options for Plaintiff Communities for a Better Environment (Sekhon, Nirej) (Filed on 8/2/2005) (Entered: 08/02/2005)	RECAP
24	Aug. 2, 2005	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Sekhon, Nirej) (Filed on 8/2/2005) (Entered: 08/02/2005)	RECAP
25	Aug. 4, 2005	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by Parties and Counsel (Manolius, Kimon) (Filed on 8/4/2005) (Entered: 08/04/2005)	RECAP
26	Aug. 9, 2005	REPLY MEMORANDUM in Support of re 5 MOTION to Dismiss for Failure to State a Claim upon which Relief can be Granted; Memorandum of Points and Authorities in Support Thereof Filed by Metropolitan Transportation Commission. (Veit, Julia) (Filed on 8/9/2005) Modified on 8/16/2005 (tn, COURT STAFF). (Entered: 08/09/2005)	RECAP
27	Aug. 9, 2005	RESPONSE to Plaintiffs' Objections to Evidence Filed by Metropolitan Transportation Commission. (Related document(s) 5 ) (Veit, Julia) (Filed on 8/9/2005) Modified on 8/16/2005 (tn, COURT STAFF). (Entered: 08/09/2005)	RECAP
28	Aug. 12, 2005	CONSENT to Proceed Before a US Magistrate Judge by Amalgamated Transit Union, Local 192.. (Nussbaum, Peter) (Filed on 8/12/2005) (Entered: 08/12/2005)	RECAP
29	Aug. 16, 2005	JOINT CASE MANAGEMENT STATEMENT filed by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 8/16/2005) (Entered: 08/16/2005)	RECAP
30	Aug. 23, 2005	Minute Entry: Hearing held on 8/23/2005 before Elizabeth D. Laporte on Defendant's Motion to Dismiss 5 . Court to issue order. (Court Reporter Peppina Thompson) (lh, COURT STAFF) (Date Filed: 8/23/2005) (Entered: 08/24/2005)	RECAP
31	Aug. 24, 2005	STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Letter attaching decision filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Enclosure)(Lye, Linda) (Filed on 8/24/2005) (Entered: 08/24/2005) 1 Enclosure View on PACER	RECAP
32	Aug. 24, 2005	NOTICE by Metropolitan Transportation Commission Notice of Change of Main Telephone and Facsimile Numbers (Webster, Warren) (Filed on 8/24/2005) (Entered: 08/24/2005)	RECAP
33	Sept. 19, 2005	ORDER GRANTING WITH LEAVE TO AMEND DEFENDANT'S MOTION TO DISMISS by Magistrate Judge Elizabeth D. Laporte granting with leave to amend 5 Motion to Dismiss (edllc2, COURT STAFF) (Filed on 9/19/2005) (Entered: 09/19/2005)	RECAP
34	Oct. 11, 2005	AMENDED COMPLAINT First Amended Complaint For Injunctive and Declaratory Relief Pursuant to Fourteenth Amendment to the United States Constitution, 42 USC Section 1983, Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, et seq., and Cal. Gov. Code Section 11135 against Metropolitan Transportation Commission. Filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 10/11/2005) (Entered: 10/11/2005)	RECAP
35	Oct. 28, 2005	MOTION to Dismiss Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by Metropolitan Transportation Commission. Motion Hearing set for 12/6/2005 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Manolius, Kimon) (Filed on 10/28/2005) (Entered: 10/28/2005)	RECAP
36	Oct. 28, 2005	Request for Judicial Notice re 35 MOTION to Dismiss Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed byMetropolitan Transportation Commission. (Related document(s) 35 ) (Manolius, Kimon) (Filed on 10/28/2005) (Entered: 10/28/2005)	RECAP
37	Oct. 28, 2005	Declaration of Declaration of Alix Bockelman In Support of Motion to Dismiss in Support of 35 MOTION to Dismiss Notice of Motion and Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed byMetropolitan Transportation Commission. (Related document(s) 35 ) (Manolius, Kimon) (Filed on 10/28/2005) (Entered: 10/28/2005)	RECAP
38	Oct. 31, 2005	EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit A (Part 1)# 2 Exhibit Exhibit A (Part 2)# 3 Exhibit Exhibit A (Part 3)# 4 Exhibit Exhibit B# 5 Exhibit Exhibit C)(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005) 1 Exhibit Exhibit A (Part 1) View on PACER 2 Exhibit Exhibit A (Part 2) View on PACER 3 Exhibit Exhibit A (Part 3) View on PACER 4 Exhibit Exhibit B View on PACER 5 Exhibit Exhibit C View on PACER	RECAP
39	Oct. 31, 2005	EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit D (Part 1)# 2 Exhibit Exhibit D (Part 2))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005) 1 Exhibit Exhibit D (Part 1) View on PACER 2 Exhibit Exhibit D (Part 2) View on PACER	RECAP
40	Oct. 31, 2005	EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit E (Part 1)# 2 Exhibit Exhibit E (Part 2)# 3 Exhibit Exhibit E (Part 3)# 4 Exhibit Exhibit E (Part 4))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005) 1 Exhibit Exhibit E (Part 1) View on PACER 2 Exhibit Exhibit E (Part 2) View on PACER 3 Exhibit Exhibit E (Part 3) View on PACER 4 Exhibit Exhibit E (Part 4) View on PACER	RECAP
41	Oct. 31, 2005	EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit F# 2 Exhibit Exhibit G# 3 Exhibit Exhibit H# 4 Exhibit Exhibit I (Part 1)# 5 Exhibit Exhibit I (Part 2))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005) 1 Exhibit Exhibit F View on PACER 2 Exhibit Exhibit G View on PACER 3 Exhibit Exhibit H View on PACER 4 Exhibit Exhibit I (Part 1) View on PACER 5 Exhibit Exhibit I (Part 2) View on PACER	RECAP
42	Oct. 31, 2005	EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit J# 2 Exhibit Exhibit K (Part 1)# 3 Exhibit Exhibit K (Part 2)# 4 Exhibit Exhibit K (Part 3)# 5 Exhibit Exhibit K (Part 4))(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005) 1 Exhibit Exhibit J View on PACER 2 Exhibit Exhibit K (Part 1) View on PACER 3 Exhibit Exhibit K (Part 2) View on PACER 4 Exhibit Exhibit K (Part 3) View on PACER 5 Exhibit Exhibit K (Part 4) View on PACER	RECAP
43	Oct. 31, 2005	EXHIBITS re 37 Declaration in Support, of Motion to Dismiss for Alix Bockelman filed byMetropolitan Transportation Commission. (Attachments: # 1 Exhibit Exhibit L# 2 Exhibit Exhibit M)(Related document(s) 37 ) (Manolius, Kimon) (Filed on 10/31/2005) (Entered: 10/31/2005) 1 Exhibit Exhibit L View on PACER 2 Exhibit Exhibit M View on PACER	RECAP
44	Nov. 1, 2005	EXHIBITS re 37 Declaration in Support,, 38 Exhibits,, 39 Exhibits,, 40 Exhibits,, 41 Exhibits,, 42 Exhibits,, 43 Exhibits, Replacement Pages to Exhibits to Declaration of Alix Bockelman in Support of Motion to Dismiss filed byMetropolitan Transportation Commission. (Related document(s) 37, 38, 39, 40, 41, 42, 43 ) (Manolius, Kimon) (Filed on 11/1/2005) (Entered: 11/01/2005)	RECAP
45	Nov. 1, 2005	Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed by Metropolitan Transportation Commission. Motion Hearing set for 12/13/2005 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Related document(s) 36, 37, 38, 39, 40, 41, 42, 43, 44 ) (Manolius, Kimon) (Filed on 11/1/2005) Modified on 11/2/2005 (ewn, COURT STAFF). (Entered: 11/01/2005)	RECAP
46	Nov. 15, 2005	Renotice motion hearing re 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed byMetropolitan Transportation Commission. Motion Hearing set for 12/20/2005 02:00 PM in Courtroom E, 15th Floor, San Francisco. (Veit, Julia) (Filed on 11/15/2005) (Entered: 11/15/2005)	RECAP
47	Nov. 15, 2005	Declaration of Alix Bockelman in Support of 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof, 46 Renotice motion hearing,, 37 Declaration in Support,, 38 Exhibits,, 39 Exhibits,, 40 Exhibits,, 41 Exhibits,, 42 Exhibits,, 43 Exhibits,, 44 Exhibits, Amended Declaration filed byMetropolitan Transportation Commission. (Related document(s) 45, 46, 37, 38, 39, 40, 41, 42, 43, 44 ) (Veit, Julia) (Filed on 11/15/2005) (Entered: 11/15/2005)	RECAP
48	Nov. 29, 2005	Memorandum in Opposition re 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed byVivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 11/29/2005) (Entered: 11/29/2005)	RECAP
49	Nov. 29, 2005	OBJECTIONS to Defendant MTC's Request For Judicial Notice by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sekhon, Nirej) (Filed on 11/29/2005) (Entered: 11/29/2005) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
50	Nov. 29, 2005	MOTION to File Amicus Curiae Brief filed by American Civil Liberties Union Foundation of Northern California. (Attachments: # 1 Declaration of Julia Harumi Mass in Support of Motion for Leave to File Amicus Brief)(Mass, Julia) (Filed on 11/29/2005) (Entered: 11/29/2005) 1 Declaration of Julia Harumi Mass in Support of Motion for Leave to File Amicus View on PACER	RECAP
51	Nov. 29, 2005	Brief of Amicus Curiae in Support of Plaintiffs' Opposition to MTC's Motion to Dismiss filed byAmerican Civil Liberties Union Foundation of Northern California. (Mass, Julia) (Filed on 11/29/2005) (Entered: 11/29/2005)	RECAP
52	Nov. 30, 2005	ORDER by Magistrate Judge Elizabeth D. Laporte granting 50 Motion to File Amicus Curiae Brief (edllc2, COURT STAFF) (Filed on 11/30/2005) (Entered: 11/30/2005)	RECAP
53	Dec. 2, 2005	OBJECTIONS to ACLU's Motion for Leave to File an Amicus Brief. Filed by Defendant Metropolitan Transportation Commission. (Veit, Julia) (Filed on 12/2/2005)....Modified on 12/9/2005 (tn, COURT STAFF). (Entered: 12/02/2005)	RECAP
54	Dec. 6, 2005	Reply to Opposition re 45 Amended MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; Amended Memorandum of Points and Authorities in Support Thereof filed byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 12/6/2005) (Entered: 12/06/2005)	RECAP
55	Dec. 6, 2005	RESPONSE in Support Response to Objections to Request for Judicial Notice filed byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 12/6/2005) (Entered: 12/06/2005)	RECAP
56	Dec. 12, 2005	ORDER GRANTING DEFENDANT TIME TO RESPOND TO AMICUS CURIAE BRIEF re 53 Memorandum in Opposition filed by Metropolitan Transportation Commission,, 50 MOTION to File Amicus Curiae Brief filed by American Civil Liberties Union Foundation of Northern California. Signed by Magistrate Judge Elizabeth D. Laporte on December 12, 2005. (edllc2, COURT STAFF) (Filed on 12/12/2005) (Entered: 12/12/2005)	RECAP
57	Dec. 15, 2005	Memorandum in Opposition to the ACLU-NC's Brief of Amicus Curiae filed byMetropolitan Transportation Commission. (Veit, Julia) (Filed on 12/15/2005) (Entered: 12/15/2005)	RECAP
58	Dec. 19, 2005	JOINT CASE MANAGEMENT STATEMENT (Amended) filed by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 12/19/2005) (Entered: 12/19/2005)	RECAP
59	Dec. 20, 2005	Minute Entry: Hearing held on 12/20/2005 before Elizabeth D. Laporte. Defendant's Motion to Dismiss 45 - Denied. Further Case Management Conference set for 1/24/2006 10:00 AM. (Court Reporter Joan Columbini)(FTR 2:09pm-2:53pm) (lh, COURT STAFF) (Date Filed: 12/20/2005) (Entered: 12/21/2005)	RECAP
60	Dec. 22, 2005	NOTICE of Change of Address by Kimon Manolius (Manolius, Kimon) (Filed on 12/22/2005) (Entered: 12/22/2005)	RECAP
61	Jan. 17, 2006	JOINT CASE MANAGEMENT STATEMENT (Revised) filed by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 1/17/2006) (Entered: 01/17/2006)	RECAP
62	Jan. 20, 2006	ORDER DENYING DEFENDANT'S MOTION TO DISMISS by Magistrate Judge Elizabeth D. Laporte terminating 35 Motion to Dismiss, denying 45 Motion to Dismiss (edllc2, COURT STAFF) (Filed on 1/20/2006) (Entered: 01/20/2006)	RECAP
63	Jan. 24, 2006	Minute Entry: Further Case Management Conference held on 1/24/2006 before Elizabeth D. Laporte. Case referred to the Court's ADR Program for a phone conference. Court sets class certification briefing schedule and hearing set for 4/17/2007 09:00 AM. Further Case Management Conference set for 3/21/2006 10:00 AM. (FTR 10:14am - 10:51am) (lh, COURT STAFF) (Date Filed: 1/24/2006) (Entered: 01/24/2006)	RECAP
64	Jan. 25, 2006	ADR Clerks Notice Setting ADR Phone Conference on 2/9/06 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/25/2006) (Entered: 01/25/2006)	RECAP
65	Jan. 30, 2006	STIPULATION Extending Defendant's Time to Respond to First Amended Complaint by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 1/30/2006) (Entered: 01/30/2006)	RECAP
66	Feb. 6, 2006	Answer to Amended Complaint Answer to First Amended Complaint byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 2/6/2006) (Entered: 02/06/2006)	RECAP
67	Feb. 8, 2006	REPORTER'S TRANSCRIPT of Proceedings Held on 12/20/2005 before Mag. Judge Elizabeth D. Laporte - [Court Reporter: Joan Marie Columbini]. (tn, COURT STAFF) (Filed on 2/8/2006) (Entered: 02/09/2006)	RECAP
68	Feb. 24, 2006	AMENDED ANSWER to First Amended Complaint byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 2/24/2006) (Entered: 02/24/2006)	RECAP
69	Feb. 24, 2006	STIPULATION and Protective Order by Metropolitan Transportation Commission. (Veit, Julia) (Filed on 2/24/2006) (Entered: 02/24/2006)	RECAP
70	Feb. 27, 2006	STIPULATION AND ORDER AS MODIFIED. Signed by Magistrate Judge Elizabeth D. Laporte on February 24, 2006. (edllc2, COURT STAFF) (Filed on 2/27/2006) (Entered: 02/27/2006)	RECAP
72	March 7, 2006	ORDER GRANTING APPLICATION TO APPEAR TELEPHONICALLY re 71 Notice (Other) filed by Communities for a Better Environment,, Sylvia Darensburg,, Virginia Martinez,, Vivian Hain,. Signed by Magistrate Judge Elizabeth D. Laporte on March 7, 2006. (edllc2, COURT STAFF) (Filed on 3/7/2006) (Entered: 03/07/2006)	RECAP
71	March 7, 2006	NOTICE by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez OF REQUEST TO APPEAR BY TELEPHONE (Sekhon, Nirej) (Filed on 3/7/2006) (Entered: 03/07/2006)	RECAP
73	March 13, 2006	JOINT CASE MANAGEMENT STATEMENT filed by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 3/13/2006) (Entered: 03/13/2006)	RECAP
74	March 21, 2006	Minute Entry: Further Case Management Conference held on 3/21/2006 before Elizabeth D. Laporte and continued to 5/16/2006 03:00 PM. (FTR: 10:09am - 10:13am) (lh, COURT STAFF) (Date Filed: 3/21/2006) (Entered: 03/21/2006)	RECAP
75	April 8, 2006	MOTION to Withdraw as Attorney filed by Vivian Hain, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Sekhon, Nirej) (Filed on 4/8/2006) (Entered: 04/08/2006)	RECAP
76	May 9, 2006	NOTICE of Change of Address by Julia Harumi Mass, Esq (Mass, Julia) (Filed on 5/9/2006) (Entered: 05/09/2006)	RECAP
77	May 10, 2006	JOINT CASE MANAGEMENT STATEMENT filed by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 5/10/2006) (Entered: 05/10/2006)	RECAP
78	May 15, 2006	CLERK'S NOTICE continuing the Further Case Management Conference to 6/27/2006 at 10:00 AM. Updated Joint Case Management Statement due by 6/20/2006. (lh, COURT STAFF) (Filed on 5/15/2006) (Entered: 05/15/2006)	RECAP
79	June 6, 2006	MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)	RECAP
80	June 6, 2006	Declaration of Adrienne L. Bloch in Support of 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Related document(s) 79 ) (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)	RECAP
81	June 6, 2006	Declaration of Bill Lann Lee in Support of 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J)(Related document(s) 79 ) (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER	RECAP
82	June 6, 2006	Declaration of Yvonne Williams in Support of 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byVivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 79 ) (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
83	June 6, 2006	Proposed Order re 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lye, Linda) (Filed on 6/6/2006) (Entered: 06/06/2006)	RECAP
84	June 7, 2006	CERTIFICATE OF SERVICE by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez re 80 Declaration in Support,, 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11, 83 Proposed Order,, 82 Declaration in Support,, 81 Declaration in Support,, (Lye, Linda) (Filed on 6/7/2006) (Entered: 06/07/2006)	RECAP
85	June 9, 2006	OBJECTIONS to re 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 by Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/9/2006) (Entered: 06/09/2006)	RECAP
86	June 9, 2006	DECLARATION of Kimon Manolius Re: Discovery Dispute filed byMetropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/9/2006) (Entered: 06/09/2006)	RECAP
87	June 13, 2006	ORDER SETTING BRIEFING SCHEDULE re 85 Objection filed by Metropolitan Transportation Commission,, 79 MOTION to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed by Communities for a Better Environment,, Sylvia Darensburg,, Virginia Martinez,, Vivian Hain,, Amalgamated Transit Union, Local 192,. Signed by Magistrate Judge Elizabeth D. Laporte on June 13, 2006. (edllc2, COURT STAFF) (Filed on 6/13/2006) (Entered: 06/13/2006)	RECAP
88	June 19, 2006	Memorandum in OPPOSITION to Plaintiffs' Motion to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 Filed by Defendant Metropolitan Transportation Commission. (Manolius, Kimon) (Filed on 6/19/2006)... Modified on 6/21/2006 (tn, COURT STAFF). (Entered: 06/19/2006)	RECAP
89	June 19, 2006	Declaration of Kimon Manolius in Support of 88 Memorandum in Opposition, to Plaintiffs' Motion to Enforce Agreed Upon Limits on Interrogatories and for an Extension of Time Pursuant to Local Rules 6-3 and 7-11 filed byMetropolitan Transportation Commission. (Related document(s) 88 ) (Manolius, Kimon) (Filed on 6/19/2006) (Entered: 06/19/2006)	RECAP
90	June 22, 2006	JOINT CASE MANAGEMENT STATEMENT filed by Sylvia Darensburg. (Lee, Bill) (Filed on 6/22/2006) (Entered: 06/22/2006)	RECAP
91	June 22, 2006	NOTICE by Sylvia Darensburg NOTICE OF WITHDRAWAL OF PLAINTIFFS' MOTION TO ENFORCE AGREED UPON LIMITS ON INTERROGATORIES AND FOR AN EXTENSION OF TIME PURSUANT TO LOCAL RULE 7-11 (Lee, Bill) (Filed on 6/22/2006) (Entered: 06/22/2006)	RECAP
92	June 27, 2006	Minute Entry: Further Case Management Conference held on 6/27/2006 before Elizabeth D. Laporte.Case continued to 8/29/2006 10:00 AM for Further Case Management Conference. (FTR 10:16am - 10:23am) (lmh, COURT STAFF) (Date Filed: 6/27/2006) (Entered: 06/27/2006)	RECAP
93	Aug. 22, 2006	JOINT CASE MANAGEMENT STATEMENT filed by Vivian Hain, Amalgamated Transit Union, Local 192, American Civil Liberties Union Foundation of Northern California, Communities for a Better Environment, Metropolitan Transportation Commission, Sylvia Darensburg, Virginia Martinez. (Lee, Bill) (Filed on 8/22/2006) (Entered: 08/22/2006)	RECAP
94	Aug. 30, 2006	Minute Entry: Further Case Management Conference held on 8/29/2006 before Elizabeth D. Laporte. (FTR 10:42am - 10:48am) (lmh, COURT STAFF) (Date Filed: 8/30/2006) (Entered: 08/30/2006)	RECAP
95	Aug. 31, 2006	ORDER FOLLOWING FURTHER CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Elizabeth D. Laporte on August 31, 2006. (edllc2, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)	RECAP
96	Sept. 1, 2006	CLERK'S NOTICE setting a Further Case Management Conference for 10/24/2006 03:00 PM. Joint Case Management Statement due by 10/17/2006. (lmh, COURT STAFF) (Filed on 9/1/2006) (Entered: 09/01/2006)	RECAP
97	Sept. 5, 2006	ADR Clerks Notice Setting ADR Phone Conference on 9/12/06 at 11:00 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/5/2006) (Entered: 09/05/2006)	RECAP
98	Oct. 20, 2006	STIPULATION and [Proposed] Order for Mediation by Sylvia Darensburg. (Lee, Bill) (Filed on 10/20/2006) (Entered: 10/20/2006)	RECAP
99	Oct. 23, 2006	JOINT CASE MANAGEMENT STATEMENT filed by Vivian Hain, Amalgamated Transit Union, Local 192, Communities for a Better Environment, Sylvia Darensburg, Virginia Martinez. (Lee, Bill) (Filed on 10/23/2006) (Entered: 10/23/2006)	RECAP
100	Oct. 23, 2006	STIPULATION AND ORDER FOR MEDIATION. Signed by Magistrate Judge Elizabeth D. Laporte on October 23, 2006. (edllc2, COURT STAFF) (Filed on 10/23/2006) (Entered: 10/23/2006)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 19, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of members of racial minority groups who ride buses operated by the Alameda-Contra Costa Transit District, a labor union, and a community-based organization

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Metropolitan Transportation Commission

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of California 3:05-cv-01597

U.S. Court of Appeals for the Ninth Circuit 09-15878

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Recommended Citation

Case Summary of Darensberg v. Metropolitan Transportation Commission, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/11726/ (last updated 4/1/2011).