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…

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)

Judge(s)

James, Maria-Elena (California)

Wilken, Claudia Ann (California)

Attorney for Plaintiff

Benedetti, Rhoda (California)

Burger, Lisa Margaret (California)

Chavez, Mark Andrew (California)

Markwalder, Alexius M. (California)

Peltz, Maxwell S. (California)

Wolinsky, Sidney M. (California)

Zimmerman, Sara Lillian (California)

Attorney for Defendant

Bourne, Nancy B. (California)

Flanagan, Bridget A. (California)

Luhe, Kathryn (California)

Macy, Megan Elizabeth (California)

Rolen, Gregory J. (California)

Wedner, Gregory Alan (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

show / hide documents

Docket

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

Last updated April 8, 2025, 11:12 a.m.

ECF Number	Date	Description	Link
1	March 10, 1998	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)	PACER
2	March 10, 1998	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)	PACER
3	April 21, 1998	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)	PACER
4	April 21, 1998	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)	PACER
5	April 21, 1998	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)	PACER
6	April 21, 1998	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)	PACER
7	April 21, 1998	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)	PACER
8	April 21, 1998	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)	PACER
9	April 21, 1998	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)	PACER
10	May 13, 1998	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)	PACER
11	May 18, 1998	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)	PACER
13	July 10, 1998	SUPPLEMENTAL joint case management statement [4:98−cv−00951] (cp, COURT STAFF) (Entered: 07/13/1998)	PACER
14	July 17, 1998	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)	PACER
15	Aug. 4, 1998	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)	PACER
16	Aug. 10, 1998	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)	PACER
17	Jan. 25, 1999	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)	PACER
18	Jan. 26, 1999	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)	PACER
19	Feb. 1, 1999	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)	PACER
20	Feb. 9, 1999	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)	PACER
21	March 2, 1999	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)	PACER
22	May 17, 1999	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)	PACER
23	May 18, 1999	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)	PACER
24	June 23, 1999	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)	PACER
25	June 28, 1999	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)	PACER
26	July 20, 1999	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)	PACER
28	Aug. 11, 1999	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)	PACER
29	Sept. 30, 1999	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)	PACER
30	Nov. 16, 1999	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)	PACER
31	Dec. 1, 1999	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)	PACER
	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)	PACER
32	Dec. 7, 1999	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)	PACER
33	Dec. 14, 1999	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)	PACER
34	June 6, 2000	CONSENT DECREE filed by plaintiffs ( Date Entered: 6/13/00) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/13/2000)	PACER
35	July 20, 2000	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)	PACER
	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)	PACER
36	July 24, 2000	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)	PACER
	Aug. 21, 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)	PACER
37	Aug. 30, 2000	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)	PACER
39	Sept. 20, 2000	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)	PACER
40	Oct. 2, 2000	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)	PACER
41	Oct. 2, 2000	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)	PACER
42	Oct. 10, 2000	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)	PACER
43	Oct. 10, 2000	LETTER dated 10/5/00 from Maria &Roberto Viscogliosi re: opt−out [4:98−cv−00951] (cp, COURT STAFF) (Entered: 10/11/2000)	PACER
45	Nov. 3, 2000	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)	PACER
46	Nov. 3, 2000	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)	PACER
44	Nov. 6, 2000	DECLARATION by Rhoda Benedetti on behalf of Plaintiff re: op−outs and objections [4:98−cv−00951] (cp, COURT STAFF) (Entered: 11/06/2000)	PACER
47	Dec. 13, 2002	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)	PACER
48	Feb. 3, 2003	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)	PACER
49	April 4, 2003	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)	PACER
50	April 4, 2003	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)	PACER
51	April 4, 2003	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)	PACER
52	April 8, 2003	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)	PACER
53	April 18, 2003	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)	PACER
55	April 18, 2003	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)	PACER
56	April 18, 2003	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)	PACER
57	April 18, 2003	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)	PACER
58	April 18, 2003	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)	PACER
61	April 25, 2003	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)	PACER
59	April 28, 2003	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)	PACER
60	April 28, 2003	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)	PACER
62	April 28, 2003	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)	PACER
63	May 20, 2003	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)	PACER
64	June 10, 2003	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)	PACER
65	July 2, 2003	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)	PACER
66	July 3, 2003	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)	PACER
67	July 3, 2003	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)	PACER
68	Oct. 22, 2003	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)	PACER
69	Oct. 30, 2003	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)	PACER
71	Nov. 5, 2003	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)	PACER
72	Nov. 14, 2003	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)	PACER
73	Feb. 4, 2004	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)	PACER
74	Feb. 5, 2004	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)	PACER
75	Feb. 20, 2004	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)	PACER
76	March 2, 2004	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)	PACER
77	March 2, 2004	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)	PACER
78	March 4, 2004	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)	PACER
79	March 4, 2004	Discovery plan dispute re: violation of consent decree [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/10/2004)	PACER
80	March 5, 2004	NOTICE by Plaintiffs of appearance [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/10/2004)	PACER
81	March 5, 2004	PROOF OF SERVICE by Plaintiff of notice [80−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/10/2004)	PACER
82	March 10, 2004	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)	PACER
84	April 21, 2004	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)	PACER
83	April 26, 2004	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)	PACER
85	May 3, 2004	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)	PACER
86	June 1, 2004	PROOF OF SERVICE by defendant of subpoena as to Michael Mankin [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/02/2004)	PACER
88	June 1, 2004	PROOF OF SERVICE by Mt. Diablo Unified of subpoena as to Steve Castellanos [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/02/2004)	PACER
89	June 17, 2004	LETTER dated 6/16/04 from Logan Hopper re: percipient witness [4:98−cv−00951] (cp, COURT STAFF) (Entered: 06/24/2004)	PACER
90	June 18, 2004	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)	PACER
91	June 22, 2004	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)	PACER
92	June 23, 2004	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)	PACER
93	July 30, 2004	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)	PACER
94	Feb. 14, 2005	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)	PACER
95	Feb. 15, 2005	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)	PACER
96	Feb. 23, 2005	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)	PACER
97	March 2, 2005	STIPULATION and ORDER by Judge Claudia Wilken extending discovery deadlines : (cc: all counsel) [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/08/2005)	PACER
98	March 4, 2005	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)	PACER
99	March 18, 2005	JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/21/2005)	PACER
100	March 18, 2005	PROOF OF SERVICE by Plaintiff of statement case mangement [99−1] [4:98−cv−00951] (cp, COURT STAFF) (Entered: 03/21/2005)	PACER
101	March 25, 2005	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)	PACER
	March 29, 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)	PACER
102	March 31, 2005	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)	PACER

show / hide docket entries

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

School District

Mount Diablo Unified School District

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

Northern District of California 4:98-cv-00951

Available Documents:

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

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

Recommended Citation

Case Summary of Spieler v. Mount Diablo Sch. Dist., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/13313/ (last updated 4/1/2017).