Case: DiBella v. Board of Trustees of the California State University

3:21-cv-08461 | U.S. District Court for the Northern District of California

Filed Date: Oct. 29, 2021

Closed Date: Oct. 10, 2023

Clearinghouse coding complete

Case Summary

This is a case about reasonable modifications and accommodations for students with mobility disabilities in college or university. Represented by a private firm and All Access Law Group (a firm that specialized in disability discrimination cases), the lawsuit was filed by named plaintiff student against California State University (CSU) and Compass Group USA on October 29, 2021 in the U.S. District Court for the Northern District of California. Her complaint alleged that the university system v…

This is a case about reasonable modifications and accommodations for students with mobility disabilities in college or university. Represented by a private firm and All Access Law Group (a firm that specialized in disability discrimination cases), the lawsuit was filed by named plaintiff student against California State University (CSU) and Compass Group USA on October 29, 2021 in the U.S. District Court for the Northern District of California. Her complaint alleged that the university system violated Title II of the Americans with the Disabilities Act (ADA) and the Fair Housing Act by failing to make its campuses accessible to students with disabilities. The named plaintiff was a person with mobility disabilities that required her to use a wheelchair and other mobility aids, who was enrolled at California State Polytechnic University, Humboldt, which is part of the CSU system. The plaintiff sought monetary damages and injunctive and declaratory relief.

On March 4, 2022, Plaintiff filed an amended complaint, which included a request for 23(b)(2) class certification. The Complaint proposed two classes. The first proposed class was “persons with mobility disabilities who: (a) are enrolled students at a CSU campus; (b) use wheelchairs, scooters, or other mobility aids or devices; and (c) are residing or will attempt to reside in CSU student housing that is located on a floor that can only be accessed by use of stairs or an elevator.” The second proposed class was “persons with mobility disabilities who: (a) are enrolled students at a CSU campus; (b) use wheelchairs, scooters, or other mobility aids or devices; and (c) who are enrolled in a CSU class or will attempt to enroll in a CSU class that is located on a floor that can only be accessed by use of stairs or an elevator.”

After Plaintiff filed a Second Amended Complaint, Plaintiff reached a settlement agreement for injunctive relief with defendant Compass Group USA, a corporation that supplied and managed the campus dining facilities, on May 13, 2022. The parties submitted to the court a stipulation for dismissal with prejudice of all claims against Compass Group. On the same day, Judge Haywood S. Gilliam, Jr. ordered the dismissal and retained jurisdiction to enforce the injunctive relief specified in the settlement, i.e. remedial policy and administrative procedure changes.

In September 2022, the case was reassigned to Judge Trina L Thompson. Then, in December 2022, Judge Thompson granted the remaining parties’ stipulation to be referred to Magistrate Judge Sallie Kim for settlement. Settlement conferences began in January 2023.

CSU moved to strike class allegations and/or dismiss the Second Amended Complaint on May 31, 2022. Judge Thompson granted in part and denied in part Defendant CSU’s motion to strike class allegations on March 24, 2023. The order struck Plaintiff’s claims under the Rehabilitation Act and to the extent it was on behalf of the proposed classes. The order also explained that “the Court has concerns that the remaining class claims may seek relief that the Court cannot provide or lead to potential trials-within-a-trial,” but found that it was premature to strike the claims. Pursuant to this order, Plaintiff filed a Third Amended Complaint on April 24, 2023.

On August 25, 2023, parties submitted a notice of a settlement agreement to resolve all claims between the parties. A couple of months later, Judge Thompson dismissed the action with prejudice because the parties reached a settlement on October 10, 2023. The Clearinghouse is unable to find specific details about the content of the private settlement.

Summary Authors

Marisa London (3/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60687576/parties/dibella-v-board-of-trustees-of-the-california-state-university/


Judge(s)

Gilliam, Haywood Stirling (California)

Attorney for Plaintiff

Cabalo, Catherine M. (California)

Clefton, Aaron M. (California)

Attorney for Defendant

Beanum, Alison Katherine (California)

Collodel, Douglas Joseph (California)

Documents in the Clearinghouse

Documents in this case
1

3:21-cv-08461

Complaint for Preliminary and Permanent Injunctive Relief and Damages

Oct. 29, 2021

Oct. 29, 2021

Complaint
39

3:21-cv-08461

Stipulation of Settlement and [Proposed] Order for Dismissal With Prejudice of Defendant Compass Group USA, Inc. dba Chartwells Higher Education Only

May 13, 2022

May 13, 2022

Other
67

3:21-cv-08461

Order Granting in Part and Denying in Part Motion to Strike Class Allegations

March 24, 2023

March 24, 2023

Order/Opinion
73

3:21-cv-08461

Third Amended Complaint for Preliminary and Permanent Injunctive Relief, Declaratory Relief, and Damages

April 24, 2023

April 24, 2023

Complaint
96

3:21-cv-08461

Stipulation and Order of Dismissal with Prejudice

Oct. 10, 2023

Oct. 10, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60687576/dibella-v-board-of-trustees-of-the-california-state-university/

Last updated March 25, 2026, 4:49 a.m.

ECF Number Date Description Link
1 Oct. 29, 2021

COMPLAINT for Preliminary and Permanent Injunctive Relief and Damages against Board of Trustees of the California State University, Compass Group USA, Inc. ( Filing fee $ 402, receipt number ACANDC-16572256.). Filed byChristine DiBella. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Clefton, Aaron) (Filed on 10/29/2021) (Entered: 10/29/2021)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Civil Cover Sheet

View on PACER

Clearinghouse
2 Oct. 29, 2021

Proposed Summons. (Clefton, Aaron) (Filed on 10/29/2021) (Entered: 10/29/2021)

RECAP
3 Nov. 1, 2021

NOTICE of Appearance by Irakli Karbelashvili (Karbelashvili, Irakli) (Filed on 11/1/2021) (Entered: 11/01/2021)

RECAP
4 Nov. 1, 2021

Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/15/2021. (anj, COURT STAFF) (Filed on 11/1/2021) (Entered: 11/01/2021)

RECAP
5 Nov. 1, 2021

Summons Issued as to Board of Trustees of the California State University, Compass Group USA, Inc. (cjl, COURT STAFF) (Filed on 11/1/2021) (Entered: 11/01/2021)

RECAP
6 Nov. 1, 2021

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (cjl, COURT STAFF) (Filed on 11/1/2021) (Entered: 11/01/2021)

RECAP
7 Nov. 1, 2021

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Christine DiBella.. (Clefton, Aaron) (Filed on 11/1/2021) (Entered: 11/01/2021)

RECAP
Nov. 1, 2021

~Util - Case Assigned by Intake

8 Nov. 2, 2021

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Filed on 11/2/2021) (Entered: 11/02/2021)

RECAP
Nov. 2, 2021

Clerk's Notice of Impending Reassignment

9 Nov. 3, 2021

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 11/3/21. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 11/3/2021) (Entered: 11/03/2021)

RECAP
10 Nov. 18, 2021

SUMMONS Returned Executed by Christine DiBella. Compass Group USA, Inc. served on 11/12/2021, answer due 12/3/2021. (Clefton, Aaron) (Filed on 11/18/2021) (Entered: 11/18/2021)

RECAP
11 Nov. 18, 2021

SUMMONS Returned Executed by Christine DiBella. Board of Trustees of the California State University served on 11/15/2021, answer due 12/6/2021. (Clefton, Aaron) (Filed on 11/18/2021) (Entered: 11/18/2021)

RECAP
12 Dec. 3, 2021

STIPULATION WITH PROPOSED ORDER REGARDING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS COMPLAINT re 1 Complaint, filed by Board of Trustees of the California State University and Christine DiBella. (Beanum, Alison) (Filed on 12/3/2021) Modified on 12/6/2021 (jml, COURT STAFF). (Entered: 12/03/2021)

RECAP
13 Dec. 3, 2021

Certificate of Interested Entities by Board of Trustees of the California State University (Beanum, Alison) (Filed on 12/3/2021) (Entered: 12/03/2021)

RECAP
14 Dec. 3, 2021

Order by Judge Lucy H. Koh granting 12 Stipulation to Extend Briefing Schedule on Defendant's Motion to Dismiss Complaint, as modified.(lhklc1, COURT STAFF) (Filed on 12/3/2021) Modified on 12/3/2021 (lhklc1, COURT STAFF). (Entered: 12/03/2021)

RECAP
15 Dec. 3, 2021

STIPULATION TO EXTEND TIME FOR DEFENDANT COMPASS GROUP USA, INC. TO RESPOND TO PLAINTIFFS COMPLAINT filed by Compass Group USA, Inc. and Christine DiBella. (Okelberry, Nathan) (Filed on 12/3/2021) Modified on 12/6/2021 (jml, COURT STAFF). (Entered: 12/03/2021)

RECAP
16 Dec. 17, 2021

You are receiving this Notice because this case has been assigned to the Honorable Lucy H. Koh. On December 13, 2021, Judge Koh was confirmed to the United States Court of Appeals for the Ninth Circuit. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer of this case to a Magistrate Judge for all purposes. On or before January 5, 2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event that the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge who likely will not be resident in the San Jose division of the Court. ON BEHALF OF THE EXECUTIVE COMMITTEE, Richard Seeborg, Chief Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg-adi, COURT STAFF) (Filed on 12/17/2021) (Entered: 12/17/2021)

RECAP
Dec. 17, 2021

Clerk's Notice Regarding Location Change for Judge Jon S. Tigar

17 Jan. 4, 2022

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Board of Trustees of the California State University.. (Beanum, Alison) (Filed on 1/4/2022) (Entered: 01/04/2022)

RECAP
18 Jan. 4, 2022

NOTICE of Appearance by Catherine M. Cabalo (Cabalo, Catherine) (Filed on 1/4/2022) (Entered: 01/04/2022)

RECAP
19 Jan. 6, 2022

STIPULATION WITH PROPOSED ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND TO CONTINUE DEADLINES ASSOCIATED WITH GENERAL ORDER 56 filed by Christine DiBella, Board of Trustees of the California State University and Compass Group, USA, Inc.. (Cabalo, Catherine) (Filed on 1/6/2022) Modified on 1/7/2022 (jml, COURT STAFF). (Entered: 01/06/2022)

RECAP
20 Jan. 7, 2022

This case will be randomly assigned/reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at http://cand.uscourts.gov/news/225. (jml, COURT STAFF) (Filed on 1/7/2022) (Entered: 01/07/2022)

RECAP
21 Jan. 7, 2022

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Judge Lucy H. Koh no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Judge Richard Seeborg on 1/7/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 1/7/2022) (Entered: 01/07/2022)

RECAP
Jan. 7, 2022

Case Assigned/Reassigned

Jan. 7, 2022

Case Reassigned to Judge Beth Labson Freeman. Judge Caseload Rebalancing Judge no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (jml, COURT STAFF) (Filed on 1/7/2022)

Jan. 7, 2022

~Util - Notice Assigning/ Reassigning Case (CRJ)

22 Jan. 11, 2022

STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND TO CONTINUE DEADLINES ASSOCIATED WITH GENERAL ORDER 56 (granting 19 ). Signed by Judge Beth Labson Freeman on 1/11/2022.(blflc1, COURT STAFF) (Filed on 1/11/2022) (Entered: 01/11/2022)

RECAP
23 Jan. 14, 2022

NOTICE of Appearance by Justin Patrick Hall (Hall, Justin) (Filed on 1/14/2022) (Entered: 01/14/2022)

RECAP
24 Jan. 19, 2022

STIPULATION WITH PROPOSED ORDER filed by Christine DiBella, Compass group USA, Inc. and Board of Trustees of the California State University. (Cabalo, Catherine) (Filed on 1/19/2022) Modified on 1/20/2022 (jml, COURT STAFF). (Entered: 01/19/2022)

RECAP
25 Jan. 19, 2022

STIPULATION AND ORDER CONTINUING DEADLINES FOR PLAINTIFF TO FILE AMENDED COMPLAINT & DEADLINES ASSOCIATED WITH GENERAL ORDER 56 (approving 24 ). Signed by Judge Beth Labson Freeman on 1/19/2022. (blflc1, COURT STAFF) (Filed on 1/19/2022) (Entered: 01/19/2022)

RECAP
Jan. 21, 2022

Case Reassigned to Judge Judge Haywood S Gilliam, Jr. Judge Beth Labson Freeman no longer assigned to the case. (sp, COURT STAFF) (Filed on 1/21/2022)

Jan. 21, 2022

Case Assigned/Reassigned

Jan. 22, 2022

Case Assigned/Reassigned

26 Feb. 10, 2022

STIPULATION WITH PROPOSED ORDER CONTINUING DEADLINES TO FILE AMENDED COMPLAINT & RELATED GO 56 DEADLINES filed by Christine DiBella, Compass Group USA, Inc. and Board of Trustees of the California State University. (Cabalo, Catherine) (Filed on 2/10/2022) Modified on 2/11/2022 (jml, COURT STAFF). (Entered: 02/10/2022)

RECAP
27 Feb. 11, 2022

CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 26 . All future filings should reflect the case number as 4:21-cv-08461-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 2/11/2022) (Entered: 02/11/2022)

RECAP
28 Feb. 11, 2022

ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Stipulation CONTINUING DEADLINES TO FILE AMENDED COMPLAINT & RELATED GO 56 DEADLINES. Amended Pleadings due by 3/4/2022. (ndr, COURT STAFF) (Filed on 2/11/2022) (Entered: 02/11/2022)

RECAP
Feb. 11, 2022

Clerk's Notice

29 March 4, 2022

AMENDED COMPLAINT against Board of Trustees of the California State University, Compass Group USA, Inc.. Filed byChristine DiBella. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cabalo, Catherine) (Filed on 3/4/2022) (Entered: 03/04/2022)

RECAP
30 March 17, 2022

STIPULATION WITH PROPOSED ORDER CONTINUING DEADLINE FOR DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT re 29 Amended Complaint filed by Board of Trustees of the California State University, Compass Group, Inc and Christine DiBella. (Beanum, Alison) (Filed on 3/17/2022) Modified on 3/17/2022 (jml, COURT STAFF). (Entered: 03/17/2022)

RECAP
31 March 17, 2022

Order by Judge Haywood S. Gilliam, Jr. granting 30 Stipulation Continuing Deadline for Defendants to Respond To First Amended Complaint. (wft, COURT STAFF) (Filed on 3/17/2022) (Entered: 03/17/2022)

RECAP
32 April 8, 2022

MOTION to Dismiss by Defendant Board Of Trustees Of The California State University To Dismiss FHA Cause Of Action And To Strike Class Allegations filed by Board of Trustees of the California State University. Motion Hearing set for 9/1/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/22/2022. Replies due by 4/29/2022. (Attachments: # 1 Declaration Of Alison K. Beanum In Support Of Defendant Board Of Trustees Of The California State Universitys Motion To Dismiss FHA Cause Of Action And To Strike Class Allegations, # 2 Exhibit 1 - 2 to the Declaration of Alison K. Beanum In Support of Motion To Dismiss FHA Cause Of Action And To Strike Class Allegations, # 3 Request for Judicial Notice, # 4 Proposed Order Granting Motion To Dismiss FHA Cause Of Action And To Strike Class Allegations)(Beanum, Alison) (Filed on 4/8/2022) (Entered: 04/08/2022)

RECAP
33 April 20, 2022

STIPULATION WITH PROPOSED ORDER RE: SECOND AMENDED COMPLAINT AND DEFENDANT BOARD OF TRUSTEES OF CSUS MOTION TO DISMISS filed by Christine DiBella, Board of Trustees of the California State University and Compass Group USA, Inc.. (Attachments: # 1 Exhibit A: Second Amended Complaint)(Cabalo, Catherine) (Filed on 4/20/2022) Modified on 4/21/2022 (jml, COURT STAFF). (Entered: 04/20/2022)

RECAP
34 April 20, 2022

CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 33 . All future filings should reflect the case number as 4:21-cv-08461-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/20/2022) (Entered: 04/20/2022)

RECAP
35 April 20, 2022

ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 33 Stipulation RE: SECOND AMENDED COMPLAINT AND DEFENDANT BOARD OF TRUSTEES OF CSUS MOTION TO DISMISS. Amended Pleadings due by 4/22/2022. (ndr, COURT STAFF) (Filed on 4/20/2022) (Entered: 04/20/2022)

RECAP
April 20, 2022

Terminate Motions

April 20, 2022

*** 32 MOTION to Dismiss by Defendant Board Of Trustees Of The California State University To Dismiss FHA Cause Of Action And To Strike Class Allegations Terminated, See Docket No. 35 .*** (ndr, COURT STAFF) (Filed on 4/20/2022)

April 20, 2022

Clerk's Notice

36 April 21, 2022

SECOND AMENDED COMPLAINT against Board of Trustees of the California State University, Compass Group USA, Inc., Steve Relyea, Jolene Koester, Jeffrey D. Armstrong, Erika D. Beck, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny. Filed byChristine DiBella. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cabalo, Catherine) (Filed on 4/21/2022) Modified on 4/22/2022 (jml, COURT STAFF). (Entered: 04/21/2022)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

RECAP
37 April 26, 2022

Proposed Summons. (Attachments: # 1 Supplement)(Cabalo, Catherine) (Filed on 4/26/2022) (Entered: 04/26/2022)

RECAP
38 April 27, 2022

Summons Issued as to Jeffrey D. Armstrong, Erika D. Beck, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny. (jml, COURT STAFF) (Filed on 4/27/2022) (Entered: 04/27/2022)

RECAP
39 May 13, 2022

STIPULATION WITH PROPOSED ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT COMPASS GROUP USA, INC. dba CHARTWELLS HIGHER EDUCATION ONLY filed by Christine DiBella, Board of Trustees of the California State University and Compass Group USA, Inc.. (Clefton, Aaron) (Filed on 5/13/2022) Modified on 5/16/2022 (jml, COURT STAFF). (Entered: 05/13/2022)

Clearinghouse
40 May 13, 2022

CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 39 . All future filings should reflect the case number as 4:21-cv-08461-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/13/2022) (Entered: 05/13/2022)

RECAP
41 May 13, 2022

ORDER by Judge Haywood S. Gilliam, Jr. Granting 39 Stipulation FOR DISMISSAL WITH PREJUDICE OF DEFENDANT COMPASS GROUP USA, INC. dba CHARTWELLS HIGHER EDUCATION ONLY. (ndr, COURT STAFF) (Filed on 5/13/2022) (Entered: 05/13/2022)

RECAP
May 13, 2022

Add and Terminate Parties

May 13, 2022

*** Party Compass Group USA, Inc. Terminated, See Docket No. 41 . *** (ndr, COURT STAFF) (Filed on 5/13/2022)

May 13, 2022

Clerk's Notice

42 May 19, 2022

STIPULATION AND [PROPOSED] ORDER SETTING DEADLINE FOR DEFENDANTS TO RESPOND TO 36 SECOND AMENDED COMPLAINT filed by Jeffrey D. Armstrong, Erika D. Beck, Board of Trustees of the California State University, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny, Christine DiBella. (Beanum, Alison) (Filed on 5/19/2022) Modified on 5/19/2022 (cjl, COURT STAFF). (Entered: 05/19/2022)

RECAP
43 May 20, 2022

ORDER by Judge Haywood S. Gilliam, Jr. Granting 42 Stipulation SETTING DEADLINE FOR DEFENDANTS TO RESPOND TO 36 SECOND AMENDED COMPLAINT. (ndr, COURT STAFF) (Filed on 5/20/2022) (Entered: 05/20/2022)

RECAP
44 May 31, 2022

MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint filed by Jeffrey D. Armstrong, Erika D. Beck, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny and Board of Trustees of the California State University. Motion Hearing set for 10/27/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/14/2022. Replies due by 6/21/2022. (Attachments: # 1 Declaration of Alison K. Beanum in Support of Motion By Defendants To Dismiss And/Or Strike Class Allegations In Plaintiffs Second Amended Complaint, # 2 Exhibit 1 - 2 to the Declaration of Alison K. Beanum In Support of Motion To Dismiss And/Or Strike Class Allegations In Plaintiffs Second Amended Complaint, # 3 Request for Judicial Notice in Support of Motion By Defendants To Dismiss And/Or Strike Class Allegations In Plaintiffs Second Amended Complaint, # 4 Proposed Order Granting Motion To Dismiss And/Or Strike Class Allegations In Plaintiffs Second Amended Complaint)(Beanum, Alison) (Filed on 5/31/2022) Modified on 6/2/2022 (jml, COURT STAFF). (Entered: 05/31/2022)

RECAP
45 June 1, 2022

CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the 44 motion to dismiss. Hearing date of October 27, 2022, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. October 27th was not the Court's next available hearing date when this motion was e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 6/1/2022) (Entered: 06/01/2022)

RECAP
46 June 1, 2022

NOTICE Re New Hearing Date for Motion to Dismiss by Jeffrey D. Armstrong, Erika D. Beck, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny re 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint, 45 Clerk's Notice,, (Beanum, Alison) (Filed on 6/1/2022) Modified on 6/2/2022 (jml, COURT STAFF). (Entered: 06/01/2022)

RECAP
June 1, 2022

Set Motion and Deadlines/Hearings

June 1, 2022

Set Hearing as to 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint, See Docket No. 46 : Motion Hearing set for 11/17/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 6/1/2022)

June 1, 2022

Clerk's Notice

47 June 3, 2022

STIPULATION WITH PROPOSED ORDER MODIFYING BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS (DOCKET NO. 44) filed by Christine DiBella, Jeffrey D. Armstrong, Erika D. Beck, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny and Board of Trustees of the California State University. (Cabalo, Catherine) (Filed on 6/3/2022) Modified on 6/6/2022 (jml, COURT STAFF). (Entered: 06/03/2022)

RECAP
48 June 8, 2022

ORDER by Judge Haywood S. Gilliam, Jr. Granting 47 Stipulation MODIFYING BRIEFING SCHEDULE FOR DEFENDANTS 44 MOTION TO DISMISS. (ndr, COURT STAFF) (Filed on 6/8/2022) (Entered: 06/08/2022)

RECAP
June 8, 2022

Set Motion and Deadlines/Hearings

June 8, 2022

Reset Deadlines as to 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint, See Docket No. 48 : Responses due by 7/18/2022 and Replies due by 8/15/2022. (ndr, COURT STAFF) (Filed on 6/8/2022)

49 July 18, 2022

OPPOSITION/RESPONSE (re 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint ) filed byChristine DiBella. (Cabalo, Catherine) (Filed on 7/18/2022) (Entered: 07/18/2022)

RECAP
50 July 28, 2022

STIPULATION WITH PROPOSED ORDER MODIFYING BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS (DOCKET NO. 44) re 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint filed by Jeffrey D. Armstrong, Erika D. Beck, Board of Trustees of the California State University, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny and Christine DiBella. (Beanum, Alison) (Filed on 7/28/2022) Modified on 7/29/2022 (jml, COURT STAFF). (Entered: 07/28/2022)

RECAP
51 July 28, 2022

ORDER by Judge Haywood S. Gilliam, Jr. Granting 50 Stipulation MODIFYING BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS (DOCKET NO. 44 ). (ndr, COURT STAFF) (Filed on 7/28/2022) (Entered: 07/28/2022)

RECAP
July 28, 2022

Set Motion and Deadlines/Hearings

July 28, 2022

Reset Deadline as to 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint, See Docket No. 51 : Replies due by 9/6/2022. (ndr, COURT STAFF) (Filed on 7/28/2022)

52 Aug. 29, 2022

ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Trina L. Thompson in the San Francisco division for all further proceedings. 1. All future filings shall bear the initials TLT immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before Judge Thompson by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for or after November 15, 2022, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before November 15, 2022, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before October 14, 2022, the parties shall file a Joint Case Management Conference Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed here.IT IS SO ORDERED. Dated: 8/29/2022 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 8/29/2022) (Entered: 08/29/2022)

RECAP
Aug. 29, 2022

Clerks Notice ADI

Sept. 1, 2022

Case Assigned/Reassigned

Sept. 1, 2022

Case Reassigned to Judge Trina L Thompson. Judge Judge Haywood S Gilliam, Jr no longer assigned to the case. (jrs, COURT STAFF) (Filed on 9/1/2022)

53 Sept. 6, 2022

NOTICE Of New Hearing Date For Defendants Motion To Dismiss And/Or Strike Class Allegations In Plaintiffs Second Amended Complaint to November 1, 2022 at 2:00 p.m. by Jeffrey D. Armstrong, Erika D. Beck, Board of Trustees of the California State University, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny re 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint, 52 Clerks Notice ADI, (Beanum, Alison) (Filed on 9/6/2022) Modified on 9/7/2022 (jml, COURT STAFF). (Entered: 09/06/2022)

RECAP
54 Sept. 6, 2022

REPLY (re 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint ) filed byJeffrey D. Armstrong, Erika D. Beck, Board of Trustees of the California State University, Soraya M. Coley, Jane Close Conoley, William A. Covino, Thomas A. Cropper, Adela De La Torre, Gayle E. Hutchinson, Tom Jackson, Jr., Saul Jimenez-Sandoval, Ellen N. Junn, Jolene Koester, Lynn Mahoney, Tomas D. Morales, Robert S. Nelson, Ellen J. Neufeldt, Eduardo M. Ochoa, Thomas A. Parham, Stephen Perez, Steve Relyea, Judy K. Sakaki, Cathy A. Sandeen, Framroze Virjee, Richard Yao, Lynnette Zelezny. (Attachments: # 1 Declaration [Supplemental] of Alison K. Beanum In Support Of Defendants Reply To Motion To Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint, # 2 Exhibit 3 to 9 to the Supplemental Declaration of Alison K. Beanum, # 3 Exhibit 10 to 16 to the Supplemental Declaration of Alison K. Beanum, # 4 Exhibit 17 to 24 to the Supplemental Declaration of Alison K. Beanum, # 5 Request for Judicial Notice In Support Of Defendants Reply To Motion To Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint)(Beanum, Alison) (Filed on 9/6/2022) (Entered: 09/06/2022)

RECAP
55 Oct. 4, 2022

CLERK'S NOTICE SETTING MOTION HEARING RE 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint. Motion Hearing set for 12/13/2022 at 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L. Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 10/4/2022) (Entered: 10/04/2022)

RECAP
Oct. 4, 2022

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

56 Oct. 14, 2022

JOINT CASE MANAGEMENT STATEMENT filed by Christine DiBella and Board of Trustees of the California State University. (Cabalo, Catherine) (Filed on 10/14/2022) Modified on 10/17/2022 (jml, COURT STAFF). (Entered: 10/14/2022)

RECAP
57 Nov. 4, 2022

CLERK'S NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE. You are notified that the Court has scheduled a Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 2/2/2023. Case Management Conference set for 2/9/2023 at 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand. uscourts.gov/trina-l-thompson/General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 2/2/2023. Case Management Conference set for 2/9/2023 at 02:00 PM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 11/4/2022) (Entered: 11/04/2022)

RECAP
Nov. 4, 2022

~Util - Teleconference Zoom AND Clerk's Notice

58 Nov. 30, 2022

STIPULATION WITH PROPOSED ORDER TO BE REFERRED TO MAGISTRATE JUDGE SALLIE KIM FOR A SETTLEMENT CONFERENCE AND TO CONTINUE THE HEARING DATE FOR DEFENDANTS MOTION TO DISMISS (DOCKET NO. 44) AND CASE MANAGEMENT CONFERENCE DEADLINES re 55 Clerk's Notice,, Set Motion and Deadlines/Hearings, 57 Clerk's Notice, Util - Teleconference Zoom, filed by Christine DiBella and Board of Trustees of the California State University et al. (Cabalo, Catherine) (Filed on 11/30/2022) Modified on 11/30/2022 (jml, COURT STAFF). (Entered: 11/30/2022)

RECAP
59 Dec. 1, 2022

ORDER GRANTING 58 STIPULATION TO BE REFERRED TO MAGISTRATE JUDGE SALLIE KIM FOR A SETTLEMENT CONFERENCE AND TO CONTINUE THE HEARING DATE FOR DEFENDANTS' MOTION TO DISMISS (DOCKET NO. 44) AND CASE MANAGEMENT CONFERENCE DEADLINES. ORDER REFERRING CASE to Magistrate Judge Sallie Kim for Settlement Conference to be completed by 3/1/2023. Motion Hearing as to 44 MOTION to Dismiss and/or Strike Class Allegations In Plaintiffs Second Amended Complaint. reset from 12/13/2022 to 3/21/2023 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before District Judge Trina L Thompson. Further Case Management Conference reset from 2/9/2023 to 4/13/2023 at 2:00 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 4/6/2023. Signed by Judge Trina L. Thompson on 12/1/2022. (vla, COURT STAFF) (Filed on 12/1/2022) (Entered: 12/01/2022)

RECAP
Dec. 2, 2022

Case Referred to Magistrate Judge for Settlement

Dec. 2, 2022

CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (mkl, COURT STAFF) (Filed on 12/2/2022)

60 Dec. 5, 2022

NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate.) Scheduling Conference set for 12/12/2022 03:00 PM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 12/5/2022. (mkl, COURT STAFF) (Filed on 12/5/2022) (Entered: 12/05/2022)

RECAP
61 Dec. 5, 2022

CLERK'S NOTICE Continuing Scheduling Conference: The Scheduling Conference set for 12/12/2022 is reset for 12/8/2022 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. The parties shall use the following Zoom meeting information to participate: https://cand-uscourts.zoomgov.com/j/1613997742?pwd=N1lsbHFldjBVMjk3VmZ2VGlmOVRWZz09 Meeting ID: 161 399 7742 Passcode: 530648 (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 12/5/2022) (Entered: 12/05/2022)

RECAP
Dec. 5, 2022

Clerk's Notice

62 Dec. 8, 2022

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Scheduling Conference held on 12/8/2022. Settlement conference set for 1/31/2023 at 9:30 AM by video. The Court will issue a settlement conference order. Total Time in Court: 5 minutes. Not reported. Attorney for Plaintiff: Catherine Cabalo. Attorney for Defendants: Alison Beanum. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 12/8/2022) (Entered: 12/08/2022)

RECAP
Dec. 8, 2022

Scheduling Conference

63 Dec. 9, 2022

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Signed by Magistrate Judge Sallie Kim on 12/9/2022. Settlement Conference set for 1/31/2023 09:30 AM in San Francisco - Videoconference Only. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar for Public Hearings. Go to the section labeled: Non-Public Hearings [Settlement Conferences] to obtain the information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. Court Appearances: Advanced notice is required of counsel or parties who will be attending the settlement conference. A joint list of names including client representatives and titles must be sent to the CRD at SKCRD@cand.uscourts.gov no later than 1/27/2023 at 12:00 PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (mkl, COURT STAFF) (Filed on 12/9/2022) (Entered: 12/09/2022)

RECAP
64 Jan. 31, 2023

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Settlement Conference held on 1/31/2023. Case did not settle. Further Settlement Conference set for 3/31/2023 09:30 AM in San Francisco - Videoconference Only. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar for Public Hearings. Go to the section labeled: Non-Public Hearings [Settlement Conferences] to obtain the information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.Total Time in Court: 5 hours. Not reported. Attorneys for Plaintiff: Catherine Cabalo, Aaron Clefton, and Irakli Karbelashvili. Client Representatives: Christine DiBella and Gary Waters (Expert). Attorney for Defendants: Alison Beanum. Client Representatives: Dustin May and Timothy Downs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 1/31/2023) Modified on 2/1/2023 (mkl, COURT STAFF). (Entered: 02/01/2023)

RECAP
Feb. 1, 2023

~Util - Teleconference Zoom AND ~Util - Set Hearings AND Settlement Conference

Feb. 1, 2023

~Util - Teleconference Zoom AND Settlement Conference AND ~Util - Set Hearings

Feb. 1, 2023

~Util - Set Hearings AND ~Util - Teleconference Zoom AND Settlement Conference

65 Feb. 27, 2023

NOTICE of Change of Address by Aaron M. Clefton (Clefton, Aaron) (Filed on 2/27/2023) (Entered: 02/27/2023)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 29, 2021

Closing Date: Oct. 10, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Student at California State Polytechnic University, Humboldt who requires use of mobility aids and devices, including a wheelchair, walking sticks, and cane

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

State

California State University

Defendant Type(s):

College/University

Case Details

Causes of Action:

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

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Other Dockets:

Northern District of California 3:21-cv-08461

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: unknown

Issues

General/Misc.:

Housing

School/University Facilities

School/University policies

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation