Case: Fobbs v. New Haven Unified School District

4:10-cv-01065 | U.S. District Court for the Northern District of California

Filed Date: Dec. 21, 2009

Clearinghouse coding complete

Case Summary

This case was one of several suits filed against Union City (the “City”) and the New Haven Unified School District (the “District”) following the 2007 death of a 14-year-old Black student who was shot to death by members of a long gang while on the premises of a middle school. The plaintiffs, parents of current and former Black students in the District, sued on behalf of their children. Many of the children witnessed the 2007 shooting, and others faced racially-motivated violence on school grounds. Collectively, the plaintiffs alleged that the 2007 shooting and additional incidents of racially-motivated violence amounted to intentional infliction of emotional distress by Union City and the New Haven Unified School District. The plaintiffs further alleged that this failure to protect Black students violated the students' rights under the Fourteenth Amendment to the U.S. Constitution and Title VI of the Civil Rights Act.

This putative class action case began on December 21, 2009, when the original complaint was filed in California Superior Court for Alameda County. The plaintiffs sought class certification for a class consisting of "all past and present African-American students of the New Haven Unified School District during the period from November 2006 to the present, and future African-American Students, who have been, or will be subjected to racial harassment at any educational institution with the Defendant NHUSD [the District] and whose complaint did not result in prompt effective remedial steps to address the racially hostile environment."

Upon request from the defendants, the case was removed on March 12, 2010, to the U.S. District Court for the Northern District of California because there was a federal question. The case was then assigned to Judge Phyllis J. Hamilton. Following the removal to federal court, the City and the District successfully related this case with Paige v. New Haven Unified School District (Docket No. C 09-0687 PJH) on March 29, 2010, which was a separate case brought by the shooting-victim's mother. Additionally, a substantially similar suit had been filed directly in the Northern District of California by many of the same plaintiffs on June 18, 2009. Skinner v. City of Union City, 2013 WL 5423451. These cases, however, were not formally consolidated.

An August 27, 2010, amended complaint dropped the City as defendants and changed the putative class to "all present, past and future African-American students of the New Haven Unified School District between the ages of thirteen to twenty-four, who have been, or could be subjected to racial harassment or racially motivated violence or threats of violence in and/or around any educational institution with Defendant NHUSD since January 2004." The related case, Skinner, similarly dropped the District as defendants on January 27, 2010, effectively creating two distinct federal lawsuits brought by the plaintiffs, one against the Union City and one against the District. This case focused on the District.

After the amended complaint was filed, the case was relatively inactive, for unknown reasons, until March 17, 2011, when it was referred to Magistrate Judge Laurel Beeler for settlement. Between March and June 2011, the parties continued meeting to settle the case, and they reached a settlement on June 17, 2011. A settlement between the parties allocated varying amounts of money to the individual minor students involved in the case, which the court approved on June 28, 2011. The District paid varying amounts ranging from $17,500 to $119,688 to the individual students but did not include attorneys’ fees. Following the payment of fees and expenses, the actual amount received by the students ranged from $7,500 to $67,512. The court ordered these remaining funds placed in bank accounts that would be accessible to the students on their eighteenth birthdays.

On February 12, 2016, one of the plaintiffs that settled with the District filed a motion for withdrawal of funds from his account, explaining that he was incarcerated on his eighteenth birthday and thus could not withdraw the funds. On February 17, 2016, the court granted his request for withdrawal.

The case appears to be long dormant.

Summary Authors

Betsy Sheppard (2/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5883344/parties/fobbs-v-new-haven-unified-school-district/

Judge(s)

Beeler, Laurel (California)

Hamilton, Phyllis Jean (California)

Attorney for Plaintiff

Burris, John L. (California)

Denkers, William Byron (California)

Attorney for Defendant

Colwell, Kimberly E. (California)

Expert/Monitor/Master/Other

Judge(s)

Beeler, Laurel (California)

Hamilton, Phyllis Jean (California)

Rocsch, Frank (California)

Zimmerman, Bernard S. (California)

Attorney for Plaintiff

Burris, John L. (California)

Denkers, William Byron (California)

Harrell, Jeshawna R. (California)

Khoury, George S. (California)

Price, Pamela (California)

Russell, John Hughes (California)

Woods, Arnold Marcus (California)

Attorney for Defendant

Colwell, Kimberly E. (California)

Horn, Charles H. (California)

Hynes, Tricia L. (California)

Jaurequi, Pat (California)

Kim, Grace (California)

Lam, Marcus (California)

Leed, Claudia (California)

Leone, Louis A. (California)

Montoya, Don (California)

Whitecavage, Joseph (California)

Other

Irwin, Joshua (California)

Johnson, Jureko (California)

Pai, David (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

09-RG-490113	Register of Actions Fobbs VS New Haven Unified School District California state trial court	Dec. 21, 2009	Dec. 21, 2009 Docket
4:10-cv-01065	Compalint	March 12, 2010	March 12, 2010 Complaint
54 4:10-cv-01065 4:09-cv-00687 4:09-cv-02723	Class Action First Amended Complaint for Violation of Civil Rights and Race Discrimination	Aug. 27, 2010	Aug. 27, 2010 Complaint
93 4:10-cv-01065 4:09-cv-00687 4:09-cv-02723	Order Approving Compromise of Claim of Minor Elisa G.	June 28, 2011	June 28, 2011 Order/Opinion
94 4:10-cv-01065 4:09-cv-00687 4:09-cv-02723	Order Approving Compromise of Claim of Minor Jess L.	June 28, 2011	June 28, 2011 Order/Opinion
95 4:10-cv-01065 4:09-cv-00687 4:09-cv-02723	Order Approving Compromise of Claim of Minor Tonsa W.	June 28, 2011	June 28, 2011 Order/Opinion
96 4:10-cv-01065 4:09-cv-00687 4:09-cv-02723	Order Approving Compromise of Claim of Minor Jonathan J.	June 28, 2011	June 28, 2011 Order/Opinion
104 4:10-cv-01065	Order Granting Petition for Withdrawal of Funds From Blocked Account	March 17, 2016	March 17, 2016 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5883344/fobbs-v-new-haven-unified-school-district/

Last updated March 22, 2026, 4:11 a.m.

Change selected docket

ECF Number	Date	Description	Link
1	March 12, 2010	NOTICE OF REMOVAL - [No Process] from Alameda County Superior Court. Their Case Number is RG-09-490113. [Filing Fee: $350.00, Receipt Number 44611004920]. Filed by Defendants New Haven Unified School District, Don Montoya, Grace Kim, Marcus Lam & Pat Jaurequi. (Attachments: #(1) Civil Cover Sheet). (tn, COURT STAFF) (Filed on 3/12/2010) (Entered: 03/15/2010) 1 Civil Cover Sheet View on PACER	RECAP
2	March 12, 2010	ADR SCHEDULING ORDER: Joint Case Management Statement due 6/21/2010 & Initial Case Management Conference set for 6/28/2010 at 4:00 PM.. (tn, COURT STAFF) (Filed on 3/12/2010) (Entered: 03/15/2010)	RECAP
	March 12, 2010	ANSWER to Complaint Submitted by Defendants Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya & New Haven Unified School District. (tn, COURT STAFF)
	March 12, 2010	CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)
3	March 16, 2010	CERTIFICATE OF SERVICE by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District of Notice to Adverse Party of Removal to Federal Court (Whitecavage, Joseph) (Filed on 3/16/2010) (Entered: 03/16/2010)	RECAP
4	March 17, 2010	MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Tereese Sanders. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
5	March 17, 2010	Proposed Order Appointing Guardian Ad Litem by Tereese Sanders. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
6	March 17, 2010	MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
7	March 17, 2010	Proposed Order Appointing Guardian Ad Litem by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
8	March 17, 2010	MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
9	March 17, 2010	Proposed Order Appointing Guardian Ad Litem by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
10	March 17, 2010	MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Alvett Fobbs. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
11	March 17, 2010	Proposed Order Appointing Guardian Ad Litem by Alvett Fobbs. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
12	March 17, 2010	MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Toynica Ledbetter-Franklin. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
13	March 17, 2010	Proposed Order Appointing Guardian Ad Litem by Toynica Ledbetter-Franklin. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)	RECAP
14	March 18, 2010	ORDER by Magistrate Judge Bernard Zimmerman granting 4 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)	RECAP
15	March 18, 2010	ORDER by Magistrate Judge Bernard Zimmerman granting 6 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)	RECAP
16	March 18, 2010	ORDER by Magistrate Judge Bernard Zimmerman granting 8 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)	RECAP
17	March 18, 2010	ORDER by Magistrate Judge Bernard Zimmerman granting 10 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)	RECAP
18	March 18, 2010	ORDER by Magistrate Judge Bernard Zimmerman granting 12 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)	RECAP
19	March 18, 2010	Declination to Proceed Before a U.S. Magistrate Judge by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District. (Whitecavage, Joseph) (Filed on 3/18/2010) (Entered: 03/18/2010)	RECAP
20	March 19, 2010	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ahy, COURT STAFF) (Filed on 3/19/2010) (Entered: 03/19/2010)	RECAP
21	March 19, 2010	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Judge Magistrate Judge Bernard Zimmerman no longer assigned to the case. Signed by Executive Committee on 3/19/10. (mab, COURT STAFF) (Filed on 3/19/2010) (Entered: 03/19/2010)	RECAP
22	March 23, 2010	DEMAND for Trial by Jury by D'Angelo Cole, Teola Coleman, Alvett Fobbs, David G., Auzalea Godfrey, Danny Godfrey, Toynica Ledbetter-Franklin, Tereese Sanders. (Price, Pamela) (Filed on 3/23/2010) (Entered: 03/23/2010)	RECAP
23	March 25, 2010	CLERKS NOTICE Initial Case Management Conference set for 7/2/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Standing Order) (be, COURT STAFF) (Filed on 3/25/2010) (Entered: 03/25/2010)	RECAP
24	March 29, 2010	ORDER RELATING CASE. C 09-0687 PJH AND C 10-1065 CRB ARE RELATED. Signed by Judge Phyllis J. Hamilton on 3/29/10. (nah, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/29/2010)	Clearinghouse
25	March 30, 2010	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Hon. Charles R. Breyer no longer assigned to the case. Signed by the Executive Committee on March 30, 2010. (cjl, COURT STAFF) (Filed on 3/30/2010) (Entered: 03/30/2010)	RECAP
	March 30, 2010	*Deadlines terminated.* (cjl, COURT STAFF) (Filed on 3/30/2010)
26	March 31, 2010	ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/1/2010. Initial Case Management Conference set for 7/8/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 3/31/10. (nah, COURT STAFF) (Filed on 3/31/2010) (Entered: 03/31/2010)	RECAP
27	April 22, 2010	NOTICE by D'Angelo Cole, Teola Coleman, Alvett Fobbs, David G., Auzalea Godfrey, Danny Godfrey, Toynica Ledbetter-Franklin, Tereese Sanders Notice of Related Cases to All Parties (Price, Pamela) (Filed on 4/22/2010) (Entered: 04/22/2010)	RECAP
28	May 20, 2010	Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City. (Attachments: # 1 Declaration of Tricia L. Hynes in Support of Joint Defense Motion to Coordinate Depositions)(Hynes, Tricia) (Filed on 5/20/2010) Modified on 5/21/2010 (vlk, COURT STAFF). (Entered: 05/20/2010)	RECAP
29	May 27, 2010	ORDER REFERRING CASE to Magistrate Judge. Signed by Judge Phyllis J. Hamilton on 5/26/10. (nah, COURT STAFF) (Filed on 5/27/2010) (Entered: 05/27/2010)	RECAP
30	May 28, 2010	ORDER RE: JOINT REQUEST FOR ORDER COORDINATING DEPOSITIONS AMONG THREE RELATED ACTIONS. Signed by Judge Joseph C. Spero on 05/28/10. (klh, COURT STAFF) (Filed on 5/28/2010) (Entered: 05/28/2010)	RECAP
	May 28, 2010	Set/Reset Hearings: Discovery Hearing set for 6/4/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. (klh, COURT STAFF) (Filed on 5/28/2010)
31	June 4, 2010	See document 34 for corrected attachmentMinute Entry: Discovery Hearing and Motion Hearing held on 6/4/2010 before Joseph C. Spero re (100 in 4:09-cv-02723-PJH) MOTION for Discovery Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City, (28 in 4:10-cv-01065-PJH) MOTION for Discovery Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City, (57 in 4:09-cv-00687-PJH) MOTION for Discovery Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City. A joint discovery statement shall be due by 9:30 AM on 6/16/10. Further Discovery Hearing set for 6/18/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. (Court Reporter Lydia Zinn.) (klh, COURT STAFF) (Date Filed: 6/4/2010) Modified on 6/8/2010 (vlk, COURT STAFF). Modified on 6/15/2010 (vlk, COURT STAFF). (Entered: 06/07/2010)	RECAP
34	June 4, 2010	AMENDED Minute Entry: Discovery Hearing held on 6/4/2010 before Joseph C. Spero.(Court Reporter Lydia Zinn.)***Amended to correct hearing date in the minutes from 5/21 to 6/4/10. (klh, COURT STAFF) (Date Filed: 6/4/2010) Modified on 6/15/2010 (vlk, COURT STAFF). (Entered: 06/14/2010)	RECAP
32	June 7, 2010	DISCOVERY ORDER. Further Discovery Conference set for 6/18/10 at 9:30 AM. Signed by Judge Joseph C. Spero on 06/07/10. (klh, COURT STAFF) (Filed on 6/7/2010) (Entered: 06/07/2010)	RECAP
33	June 9, 2010	STIPULATION and Proposed Protective Order for Standard Litigation, fiiled by D'Angelo Cole, Teola Coleman, Alvett Fobbs, David G., Auzalea Godfrey, Danny Godfrey, Toynica Ledbetter-Franklin, Tereese Sanders, New Haven Unified School District, City of Union City. (Price, Pamela) (Filed on 6/9/2010) Modified on 6/10/2010 (jlm, COURT STAFF). (Entered: 06/09/2010)	RECAP
35	June 14, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party D'Angelo Cole (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)	RECAP
36	June 14, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party David G. (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)	RECAP
37	June 14, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party Auzalea Godfrey (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)	RECAP
38	June 14, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party Danny Godfrey (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)	RECAP
39	June 14, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party Tereese Sanders (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)	RECAP
40	June 16, 2010	JOINT CASE MANAGEMENT STATEMENT (DISCOVERY) filed by New Haven Unified School District. (Whitecavage, Joseph) (Filed on 6/16/2010) Modified on 6/18/2010 (vlk, COURT STAFF). (Entered: 06/16/2010)	RECAP
41	June 18, 2010	Minute Entry: Further Discovery Hearing held on 6/18/2010 before Joseph C. Spero. Court issued oral rulings on the Joint Discovery Letter Brief [docket 111] and Joint Discovery Conference Statement [docket 112]. Further Discovery Hearing specially set for 7/1/2010 03:00 PM in Courtroom A, 15th Floor, San Francisco. An updated joint case management conference statemnt shall be due by Tuesday 6/29/10 at 9:00 AM. Any joint discovery lettter brief shall be due before 6/29/10.(Court Reporter Kathy Wyatt.) (klh, COURT STAFF) (Date Filed: 6/18/2010) (Entered: 06/18/2010)	RECAP
42	June 18, 2010	DISCOVERY ORDER NO. 2. Any joint discovery letter that the parties desire to have addressed at the next conference shall be filed before 6/29/10. An updated joint case management conference statement shall be filed on or before Tuesday, 6/29/10 at 9:00 AM. Further discovery conference specially set for 7/1/10 at 3:00 PM. Signed by Judge Joseph C. Spero on 06/18/10. (klh, COURT STAFF) (Filed on 6/18/2010) (Entered: 06/18/2010)	RECAP
43	June 29, 2010	JOINT CASE MANAGEMENT STATEMENT (DISCOVERY) filed by New Haven Unified School District, City of Union City, Alvett Fobbs. (Whitecavage, Joseph) (Filed on 6/29/2010) Modified on 6/30/2010 (cp, COURT STAFF). (Entered: 06/29/2010)	RECAP
44	June 29, 2010	Certificate of Interested Entities by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District (Whitecavage, Joseph) (Filed on 6/29/2010) (Entered: 06/29/2010)	RECAP
45	July 1, 2010	JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Plaintiffs and Defendant New Haven Unified School District. (Price, Pamela) (Filed on 7/1/2010) Modified on 7/2/2010 (kc, COURT STAFF). (Entered: 07/01/2010)	RECAP
47	July 1, 2010	Minute Entry: Court made rulings on the record. Further discovery conference set for 07/15/10 @ 3:00pm with further discovery statement or joint letter due 07/13/10 @ 5:00pm.Discovery Hearing held on 7/1/2010 before Joseph C. Spero (Date Filed: 7/1/2010). (Court Reporter Belle Ball.) (sis, COURT STAFF) (Date Filed: 7/1/2010) (Entered: 07/08/2010)	RECAP
46	July 6, 2010	DISCOVERY ORDER No. 3. Signed by Judge Joseph C. Spero on 07/06/10. (sis, COURT STAFF) (Filed on 7/6/2010) (Entered: 07/06/2010)	RECAP
	July 6, 2010	Set/Reset Hearings: Discovery Hearing set for 7/15/2010 03:00 PM before Magistrate Judge Spero. (vlk, COURT STAFF) (Filed on 7/6/2010)
48	July 8, 2010	Minute Entry: Initial Case Management Conference held on 7/8/2010 before Phyllis J. Hamilton (Date Filed: 7/8/2010). (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 7/8/2010) (Entered: 07/09/2010)	RECAP
49	July 12, 2010	STIPULATED PROTECTIVE ORDER FOR HIGHLY SENSITIVE INFORMATION. Signed by Judge Joseph C. Spero on 7/6/10. (klh, COURT STAFF) (Filed on 7/12/2010) (Entered: 07/12/2010)	RECAP
50	July 15, 2010	Minute Entry: Further Discovery Conference held on 7/15/2010 before Joseph C. Spero. (Court Reporter Connie Kuhl.) (klh, COURT STAFF) (Date Filed: 7/15/2010) Modified on 7/19/2010 (vlk, COURT STAFF). Modified on 7/19/2010 (vlk, COURT STAFF). (Entered: 07/16/2010)	RECAP
51	July 16, 2010	DISCOVERY ORDER NO. 4. Signed by Judge Joseph C. Spero on 7/16/10. (klh, COURT STAFF) (Filed on 7/16/2010) (Entered: 07/16/2010)	RECAP
52	July 16, 2010	Minute Entry: Telephonic Discovery Hearing held on 7/16/2010 before Joseph C. Spero re: Deposition of Kevin Finnerty, Union City PMK. (Court Reporter Larell Sagundes.) (klh, COURT STAFF) (Date Filed: 7/16/2010) Modified on 7/20/2010 (vlk, COURT STAFF). (Entered: 07/20/2010)	RECAP
53	Aug. 27, 2010	STIPULATION AND [PROPOSED] ORDER TO FILE PLAINTIFFS' FIRST AMENDED COMPLAINT by Alvett Fobbs. (Khoury, George) (Filed on 8/27/2010) (Entered: 08/27/2010)	RECAP
54	Aug. 27, 2010	AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND RACE DISCRIMINATION against Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District. Filed byAuzalea Godfrey, Danny Godfrey, Teola Coleman, Alvett Fobbs, D'Angelo Cole, David G., Toynica Ledbetter-Franklin, Tereese Sanders. (Khoury, George) (Filed on 8/27/2010) (Entered: 08/27/2010)	Clearinghouse
55	Aug. 27, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options FOR ALVETT FOBBS (Khoury, George) (Filed on 8/27/2010) (Entered: 08/27/2010)	RECAP
56	Aug. 31, 2010	STIPULATION AND ORDER TO FILE PLAINTIFF'S FIRST AMENDED COMPLAINT re 53 Stipulation filed by Alvett Fobbs. Signed by Judge Phyllis J. Hamilton on 8/31/10. (nah, COURT STAFF) (Filed on 8/31/2010) (Entered: 08/31/2010)	RECAP
57	Sept. 13, 2010	Answer to 54 First Amended Complaint by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District. (Horn, Charles) (Filed on 9/13/2010) Modified on 9/14/2010 (vlk, COURT STAFF). (Entered: 09/13/2010)	RECAP
58	Dec. 30, 2010	NOTICE of Change of Address by Pamela Yvette Price (Price, Pamela) (Filed on 12/30/2010) (Entered: 12/30/2010)	RECAP
59	March 11, 2011	MOTION to Continue Plaintiffs' Motion and Declaration for Order Continuing Class Certification Motion and Hearing filed by Alvett Fobbs. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion and Declaration for Order Continuing Class Certification Motion and Hearing)(Harrell, Jeshawna) (Filed on 3/11/2011) (Entered: 03/11/2011)	RECAP
60	March 15, 2011	MOTION to Continue Plaintiffs' Administrative Motion to Continue Class Certification Motion filed by Alvett Fobbs. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Continue Class Certification Motion and Hearing)(Harrell, Jeshawna) (Filed on 3/15/2011) (Entered: 03/15/2011)	RECAP
61	March 16, 2011	STIPULATION and Proposed Order re 60 MOTION to Continue Plaintiffs' Administrative Motion to Continue Class Certification Motion by Alvett Fobbs. (Price, Pamela) (Filed on 3/16/2011) Modified on 3/17/2011 (vlk, COURT STAFF). (Entered: 03/16/2011)	RECAP
62	March 17, 2011	STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION MOTION AND HEARING by Judge Phyllis J. Hamilton granting 60 Motion to Continue (nah, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)	RECAP
63	March 17, 2011	ORDER REFERRING CASE to Magistrate Judge Beeler for Settlement. Signed by Judge Phyllis J. Hamilton on 3/17/11. (nah, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)	RECAP
	March 17, 2011	CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement. (tmi, COURT STAFF) (Filed on 3/17/2011)
	March 18, 2011	***Deadlines terminated re 26 Order, case management statement. (vlk, COURT STAFF) (Filed on 3/18/2011)
64	March 22, 2011	NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 5/31/2011 at 10:00 A.M. Signed by Laurel Judge Laurel Beeler on 3/22/2011. (ls, COURT STAFF) (Filed on 3/22/2011) (Entered: 03/22/2011)	RECAP
65	March 28, 2011	AMENDED NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference reset to 4/11/2011 at 10:00 A.M. Signed by Magistrate Judge Laurel Beeler on 3/28/2011. (ls, COURT STAFF) (Filed on 3/28/2011) (Entered: 03/29/2011)	RECAP
66	April 5, 2011	CLERKS NOTICE RESETTING Settlement Conference to 4/27/2011 at 10:30 A.M. in Courtroom 4, 3rd Floor, Oakland. (ls, COURT STAFF) (Filed on 4/5/2011) (Entered: 04/05/2011)	RECAP
67	April 13, 2011	Letter from Louis A. Leone to Magistrate Judge Laurel Beeler. (Leone, Louis) (Filed on 4/13/2011) (Entered: 04/13/2011)	RECAP
68	April 27, 2011	Minute Entry: Settlement Conference held. (Date Filed: 4/27/2011). Further Settlement Conference set for 6/1/2011 at 10:30 A.M. in Courtroom 4, 3rd Floor, Oakland. (ls, COURT STAFF) (Date Filed: 4/27/2011) (Entered: 04/29/2011)	RECAP
69	May 3, 2011	CLERKS NOTICE setting Further Settlement Conference on June 1, 2011 at 10:30 a.m. before the Honorable Laurel Beeler. (ls, COURT STAFF) (Filed on 5/3/2011) (Entered: 05/03/2011)	RECAP
70	May 9, 2011	STIPULATION and [Proposed] Order to Continue Class Certification Motion and Hearing by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 5/9/2011) (Entered: 05/09/2011)	RECAP
71	May 9, 2011	Letter to Magistrate Judge Laurel Beeler. (Leone, Louis) (Filed on 5/9/2011) (Entered: 05/09/2011)	RECAP
72	May 11, 2011	STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION MOTION AND HEARING re 70 Stipulation filed by Alvett Fobbs. Signed by Judge Phyllis J. Hamilton on 5/11/11. (nah, COURT STAFF) (Filed on 5/11/2011) (Entered: 05/11/2011)	RECAP
73	May 12, 2011	Letter from Louis A. Leone to Magistrate Judge Beeler. (Leone, Louis) (Filed on 5/12/2011) (Entered: 05/12/2011)	RECAP
74	May 26, 2011	Letter from Louis A. Leone to Magistrate Judge Laurel Beeler. (Leone, Louis) (Filed on 5/26/2011) (Entered: 05/26/2011)	RECAP
75	May 27, 2011	ORDER REGARDING JUNE 1, 2011 SETTLEMENT CONFERENCE ATTENDANCE. Signed by Judge Beeler on 5/27/11. (lblc2, COURT STAFF) (Filed on 5/27/2011) (Entered: 05/27/2011)	Clearinghouse
76	June 1, 2011	Minute Entry: Settlement Conference held. The case partially settled (Date Filed: 6/1/2011). Further Settlement Conference set for 6/17/2011 at 11:00 A.M. in Courtroom 4, 3rd Floor, Oakland. (ls, COURT STAFF) (Date Filed: 6/1/2011) (Entered: 06/02/2011)	RECAP
	June 1, 2011	*ERRONEOUS ENTRY. PLEASE DISREGARD.*Magistrate Judge James Larson no longer assigned to case. Due to Magistrate Judge James Laron's retirement, this case is re-referred to Magistrate Judge Nathanael M. Cousins for settlement. All matters scheduled before, and deadlines set by, Judge Larson are hereby vacated. All future settlement matters should be addressed to Judge Cousins unless otherwise ordered by the presiding judge. Until Judge Cousins takes the bench on July 5, 2011, any urgent settlement issues requiring immediate judicial attention should be addressed to Acting Chief Magistrate Judge Joseph C. Spero by contacting his courtroom deputy, Karen Hom, at (415) 522-2035. (aaa, COURT STAFF) (Filed on 6/1/2011) Modified on 6/2/2011 (rcs, COURT STAFF).
77	June 2, 2011	CLERKS NOTICE Setting a Further Settlement Conference for June 17, 2011 at 11:00 a.m. before Magistrate Judge Laurel Beeler. (lsS, COURT STAFF) (Filed on 6/2/2011) (Entered: 06/02/2011)	RECAP
78	June 16, 2011	Ex Parte Application for Order Approving Compromise of Claim of Minor Elisa G. filed by Teola Coleman. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
79	June 16, 2011	Ex Parte Application for Order Approving Compromise of Claim of Minor Jess L. filed by Teola Coleman. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
80	June 16, 2011	Ex Parte Application for Order Approving Compromise of Claim of Minor Tonsa W. filed by Alvett Fobbs. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
81	June 16, 2011	Petition for Appointment of Guardian Ad Litem for Tonsa W. filed by Tereese Sanders. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
82	June 16, 2011	Proposed Order re 81 Appointing Guardian Ad Litem for Tonsa W. by Tereese Sanders. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
83	June 16, 2011	Ex Parte Application for Order Approving Compromise of Claim of Minor Jonathan J. filed by Tereese Sanders. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
84	June 16, 2011	Declaration of Pamela Y. Price in Support of 78, 79, 80, 83 Ex Parte Applications for Order Approving Compromise Claims filed by Tereese Sanders, Teola Coleman. (Related document(s) 78, 83, 79, 80 ) (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)	RECAP
85	June 17, 2011	Minute Entry: Settlement Conference held. Case Settled (Date Filed: 6/17/2011). (Court Reporter Starr Wilson) (ls, COURT STAFF) (Date Filed: 6/17/2011) (Entered: 06/20/2011)	RECAP
86	June 20, 2011	Proposed Order Approving Compromise of Claim of Minor Elisa G. by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)	RECAP
87	June 20, 2011	Proposed Order Approving Compromise of Claim of Minor Jess L. by Teola Coleman. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)	RECAP
88	June 20, 2011	Proposed Order Approving Compromise of Claim of Minor Tonsa W. by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)	Clearinghouse
89	June 20, 2011	Proposed Order Approving Compromise of Claim of Minor Jonathan J. by Tereese Sanders. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)	RECAP
90	June 21, 2011	Proposed Order re 81 Petition for Appointment of Guardian Ad Litem for Tonsa W. by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 6/21/2011) Modified on 6/22/2011 (jlm, COURT STAFF). (Entered: 06/21/2011)	RECAP
91	June 27, 2011	Errata re re 79 Ex Parte Application for Order Approving Compromise of Claim of Minor Jess L. by Teola Coleman (Price, Pamela) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (Entered: 06/27/2011)	RECAP
92	June 27, 2011	Errata re 80 Ex Parte Application for Order Approving Compromise of Claim of Minor Elisa G. by Alvett Fobbs (Price, Pamela) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (Entered: 06/27/2011)	RECAP

show / hide docket entries

Case Details

State / Territory:

California

Case Type(s):

Education

Policing

Key Dates

Filing Date: Dec. 21, 2009

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Black students in New Haven Unified School District

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City

City of Union City (Union City)

School District

New Haven Unified School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

State law

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of California 4:10-cv-01065

California state trial court RG09490113

Northern District of California 4:09-cv-00687

Northern District of California 4:09-cv-02723

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $215,378

Issues

General/Misc.:

Government services

School/University policies

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Medical/Mental Health Care:

Mental health care, general

Recommended Citation

Case Summary of Fobbs v. New Haven Unified School District, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18221/ (last updated 2/28/2022).