Case: Gustafson v. University of California-Berkeley

3:97-cv-04016 | U.S. District Court for the Northern District of California

Filed Date: Oct. 31, 1997

Closed Date: May 5, 2019

Clearinghouse coding complete

Case Summary

On October 31, 1997, represented by private counsel and attorneys from Disability Rights Advocates, three named individual plaintiffs and an organizational plaintiff (the Coalition for Access and Disability Rights, "CADRE," later re-named as the Boalt Disability Law Society) filed a complaint in the U.S. District Court for the Northern District of California alleging that the defendants (the University of California at Berkeley, its board of regents, and chancellor) violated 42 U.S.C. § 1981. The plaintiffs alleged that the defendants' discrimination against people with mobility disabilities violated Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as well as certain state statutes. Injunctive relief and damages apparently were sought. We do not have a copy of the complaint, but can perceive something of the flow of litigation and settlement efforts from reviewing the docket sheet for this case and the settlement documents eventually filed with the court.

The docket sheet shows that, in March 1998, the parties' stipulation resulted in an order dismissing the case without prejudice. By December of that year, the plaintiffs filed a motion to reopen the case. Magistrate Judge Bernard Zimmerman held conferences during the first half of 1999 to consider that motion. Negotiations between the parties resulted in a stipulation and order in May 1999, vacating a scheduled hearing upon the plaintiffs' motion. During this period, the parties jointly agreed to retain neutral experts to evaluate and recommend ways to improve access at UC-Berkeley for disabled students. Subsequent stipulations extended the time to reopen the case. In May 2000, the court received stipulations regarding mediation and arbitration of issues and certification of a class. The class initially was defined to include students with mobility impairments, but was later expanded to include those with vision impairments. Retired Judge Eugene F. Lynch served as mediator.

Status conferences and case management conferences occurred during the next several years, leading to a September 14, 2004, docket entry reflecting that the case had settled and a final fairness hearing was scheduled for February 2005. Before that hearing, a variety of declarations, attorneys' fee submissions, and other pleadings were filed in support of the settlement. The final fairness hearing was re-set to March 23, 2005, at which Magistrate Judge Zimmerman approved the class action settlement. On May 5, 2005, he signed an order dismissing the case, without prejudice and retaining jurisdiction to enforce the settlement.

The 40-page settlement agreement, plus 60 pages of attachments, covered details of access improvements to be made at UC-Berkeley and required the hiring by the university of a funded assistant provost responsible, for example, to lead disability services, to monitor remediation efforts, to oversee barrier removal, and to train students and faculty concerning needs and rights of students with disabilities. Additional full-time staff persons were also to be hired by the university as access specialists and counselors, an access coordinator, and a disability access resolution officer. Room assignments, campus signage, maps and access guides, parking, transportation improvements, building evacuation and safety, and reporting and monitoring were several of the issues addressed in the comprehensive settlement document. The settlement's terms called for one named plaintiff to receive $2,000 as damages, and the university agreed to pay $2,000 to the Berkeley Center for Independent Living on behalf of a second named individual plaintiff, and $20,000 to the San Francisco State University Institute on Disability on behalf of the third named individual plaintiff. The university agreed to pay plaintiffs' attorneys' fees of $645,000, costs of $16,149.75, and pre-final approval hourly charges (of $300/hour for attorneys and $100/hour for paralegals).

The settlement period was set at 14 years from May 2005. The settlement period expired without any additional substantive docket activity, so the case is now closed.

Summary Authors

Mike Fagan (6/17/2008)

Raul Noguera-McElroy (4/12/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10642224/parties/gustafson-v-university-of-calif/

Judge(s)

Attorney for Plaintiff

Paradis, Laurence W. (California)

Attorney for Defendant

Blair, Jeffrey A. (California)

Holst, James E. (California)

Lundberg, John Frederick (California)

Maschler, Brian P. (California)

Judge(s)

Zimmerman, Bernard S. (California)

Attorney for Plaintiff

Paradis, Laurence W. (California)

Tollafield, Stephen (California)

Wallace, Guy B. (California)

Attorney for Defendant

Blair, Jeffrey A. (California)

Holst, James E. (California)

Lundberg, John Frederick (California)

Maschler, Brian P. (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:97-cv-04016	Docket (PACER) Gustafson, et al v. University of Calif, et al	May 2, 2008	May 2, 2008 Docket
58 3:97-cv-04016	Settlement Agreement and Release of Claims Gustafson v. University of California at Berkeley	Nov. 24, 2004	Nov. 24, 2004 Settlement Agreement
3:97-cv-04016	Notice of Proposed Settlement of Class Action Lawsuit [Gustafson v. University of California-Berkeley] No Court	Jan. 1, 2005	Jan. 1, 2005 Notice of Investigation or Suit/Demand Letter

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Landmark Settlement of Class Action Lawsuit to Improve Disability Access at University of California, Berkeley	Detailed information regarding the settlement agreement from one of the public interest co-counsel organizations. Includes additional helpful links to other resources pertaining to the case.	March 23, 2005	March 23, 2005 https://dralegal.org/...
Mobility around UC Berkeley for disabled students to improve as result of cooperative effort Marie Felde	Summary of the settlement agreement from the perspective of UC Berkeley.	Jan. 12, 2005	Jan. 12, 2005 https://www.berkeley.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10642224/gustafson-v-university-of-calif/

Last updated March 23, 2026, 4:28 a.m.

ECF Number	Date	Description	Link
1	Oct. 31, 1997	COMPLAINT Summons issued Fee status pd entered on 10/31/97 in the amount of $ 150.00 ( Receipt No. 804112); jury demand [3:97-cv-04016] (kc, COURT STAFF) (Entered: 10/31/1997)	RECAP
2	Oct. 31, 1997	ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi-Option) by Mag. Judge Bernard Zimmerman : Proof of service to be filed by 12/15/97 ; counsels' case management statement to be filed by 3/6/98 ; initial case management conference will be held 4:00 3/16/98 . (cc: all counsel) [3:97-cv-04016] (kc, COURT STAFF) (Entered: 10/31/1997)	RECAP
	Oct. 31, 1997	SUMMONS issued as to defendant Regents of the Univ [3:97-cv-04016] (kc, COURT STAFF)
	Dec. 30, 1997	RECEIVED Stipulation to extend Court dates. [3:97-cv-04016] (mcl, COURT STAFF)
3	Jan. 5, 1998	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : Response to complaint due 2/23/98 ; Last day to meet and confer re case management due 3/27/98 ; Last day to complete initial disclosures due 4/7/98 ; ADR phone conference set for 4/9/98 at 11:15 am ; Case Management Statement is due 5/4/98 ; Case Management Conference set for 4:00 5/14/98 ; (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/09/1998)	RECAP
	Jan. 5, 1998	Docket Modification (Administrative) to Case Management Conference set for 4:00 5/11/98 ; [3:97-cv-04016] (mcl, COURT STAFF)
4	Jan. 23, 1998	CLERK'S NOTICE of vacating the ADR phone conference set for 2/10/98 [3:97-cv-04016] (bt, COURT STAFF) (Entered: 01/23/1998)	RECAP
	March 17, 1998	RECEIVED Proposed Stipulation and Order re dismissal without prejudice [3:97-cv-04016] (mcl, COURT STAFF)
5	March 19, 1998	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : dismissing case without prejudice (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 03/19/1998)	RECAP
6	May 4, 1998	NOTICE by Plaintiff of change of address of counsel : Guy B. Wallace, The Employment Law Center, 1663 Mission Street, Suite 400, San Francisco, CA 94103 ; tel. no. (415) 864-8848 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/05/1998)	RECAP
7	May 14, 1998	NOTICE by defendant Regents of the Univ of change of address of counsel : Jeffrey A. Blair, University of California, 1111 Franklin St., 8th Floor, Oakland, CA 94607-5200 ; tel. no. (510) 987-9800. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/15/1998)	RECAP
8	Dec. 10, 1998	MOTION before Mag. Judge Bernard Zimmerman by Plaintiffs to reopen the case with Notice set for 1/20/99 at 10:00 am [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 12/11/1998)	RECAP
9	Jan. 19, 1999	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : resetting hearing on plaintiffs' motion to reopen the case [8-1] 10:00 2/3/99 (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/22/1999)	RECAP
10	Jan. 29, 1999	JOINT STATUS CONFERENCE STATEMENT by defendant, Plaintiff [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 02/02/1999)	RECAP
11	Feb. 3, 1999	MINUTES: ( E/R 99-04 & 99-05) ( Hearing Date: 2/3/99) that plaintiff's motion to reopen the case [8-1] is submitted Status conference set for 10:00 5/5/99 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 02/04/1999)	RECAP
12	Feb. 4, 1999	ORDER by Mag. Judge Bernard Zimmerman continuing hearing on plaintiff's motion to reopen the case [8-1] 10:00 5/5/99 ( Date Entered: 2/4/99) (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 02/04/1999)	RECAP
13	May 4, 1999	FURTHER STATUS CONFERENCE STATEMENT by Plaintiffs. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/06/1999)	RECAP
14	May 4, 1999	DECLARATION by Kaaryn Gustafson on behalf of Plaintiffs. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/06/1999)	RECAP
15	May 5, 1999	MINUTES: ( E/R 99-13 & 99-14) ( Hearing Date: 5/5/99) Status conference held ; Plaintiff may renotice his motion to reopen case, due 5/26/99, defendant's opposition due 6/16/99, reply due 6/23/99 ; setting hearing on motion to reopen the case [8-1] 10:00 7/7/99 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/06/1999)	RECAP
	May 25, 1999	RECEIVED Stipulation and [Proposed] Order [3:97-cv-04016] (tn, COURT STAFF)
16	May 26, 1999	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : vacating hearing re plaintiffs' motion to reopen the case [8-1] (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/27/1999)	RECAP
	July 14, 1999	RECEIVED Stipulation extending deadline for reactivating motion to reopen case. [3:97-cv-04016] (mcl, COURT STAFF)
17	July 15, 1999	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : Deadline for plaintiff's motion to reopen filings is 9/13/99 (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 07/15/1999)	RECAP
	Sept. 22, 1999	RECEIVED Stipulation and Proposed Order extending deadline for reactivating motion to reopen case. [3:97-cv-04016] (mcl, COURT STAFF)
18	Sept. 28, 1999	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : Deadline for plaintiffs' filing a motion to reactivate their motion to reopen the litigation is due 1/14/00 (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 10/01/1999)	RECAP
	Jan. 14, 2000	RECEIVED Proposed Stipulation and Order [3:97-cv-04016] (mcl, COURT STAFF)
19	Jan. 19, 2000	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : extending 30 days' deadline for plaintiff to file motion to re-activate, referring the parties to Judge Eugene Lynch of JAMS/Endispute for mediation and/or arbitration (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/24/2000)	RECAP
20	Feb. 10, 2000	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : extending deadline for filing of motion to reactivate litigation to 3/13/00 (cc: all counsel) [3:97-cv-04016] (nd, COURT STAFF) (Entered: 02/14/2000)	RECAP
21	Feb. 10, 2000	MAIL [20-1], [20-2] returned from Post Office [3:97-cv-04016] (nd, COURT STAFF) (Entered: 02/24/2000)	RECAP
	Feb. 10, 2000	RECEIVED Stipulation and Proposed Order ( Plaintiff) [3:97-cv-04016] (nd, COURT STAFF)
	March 10, 2000	RECEIVED Stipulation and request for order reopening case for a limited purpose. [3:97-cv-04016] (mcl, COURT STAFF)
	March 10, 2000	RECEIVED Proposed Order reopening case for a limited purpose. [3:97-cv-04016] (mcl, COURT STAFF)
22	March 14, 2000	STIPULATION and request for order reopening case for a limited purpose. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 03/17/2000)	RECAP
23	March 14, 2000	ORDER by Mag. Judge Bernard Zimmerman Case reopened for a limited purpose ( Date Entered: 3/17/00) (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 03/17/2000)	RECAP
	May 17, 2000	RECEIVED Stipulation regarding mediation and arbitration of issues. [3:97-cv-04016] (mcl, COURT STAFF)
	May 17, 2000	RECEIVED Stipulation for certification of a class. [3:97-cv-04016] (mcl, COURT STAFF)
24	May 24, 2000	MINUTES: ( E/R T1c 17-00) ( Hearing Date: 5/24/00) Status conference held [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/25/2000)	RECAP
25	May 24, 2000	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman regarding mediation and arbitration of issues. (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 05/25/2000)	RECAP
26	May 30, 2000	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman : for certification of a class (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 06/02/2000)	RECAP
27	June 1, 2000	CLERK'S NOTICE Status conference set for 4:00 1/8/01 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 06/02/2000)	RECAP
28	Dec. 26, 2000	JOINT STATUS CONFERENCE STATEMENT by defendants, Plaintiffs. [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 12/27/2000)	RECAP
29	Jan. 9, 2001	MINUTES: ( C/R none) ( Hearing Date: 1/8/01) Telephonic Status conference held and continued to 4:00 8/13/01 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/16/2001)	RECAP
30	Jan. 9, 2001	CLERK'S NOTICE Case Management Conference continued to 4:00 8/13/01 [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 01/16/2001)	RECAP
31	Aug. 3, 2001	JOINT STATUS CONFERENCE STATEMENT by defendant, Plaintiff [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 08/08/2001)	RECAP
32	Aug. 8, 2001	ORDER by Mag. Judge Bernard Zimmerman Status conference set for 4:00 4/29/02 ; ( Date Entered: 8/10/01) (cc: all counsel) [3:97-cv-04016] (mcl, COURT STAFF) (Entered: 08/10/2001)	RECAP
33	April 22, 2002	STATUS CONFERENCE STATEMENT by defendants [3:97-cv-04016] (tn, COURT STAFF) (Entered: 04/23/2002)	RECAP
34	April 22, 2002	STATUS CONFERENCE STATEMENT by Plaintiffs [3:97-cv-04016] (tn, COURT STAFF) (Entered: 04/23/2002)	RECAP
35	April 30, 2002	CIVIL MINUTES: (C/R Not Reported) (Hearing Date: 4/29/02) Further status conference -- Held, and matter continued for further conference on 9/23/02 at 4:00 p.m ; order to be prepared by the court [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/02/2002)	RECAP
36	April 30, 2002	ORDER by Mag. Judge Bernard Zimmerman scheduling status conference to 9/23/02 at 4:00 pm. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/02/2002)	RECAP
41	Sept. 19, 2002	STIPULATION by the parties re continuance of case management conference to 10/7/02 at 4:00 p.m. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/09/2002)	RECAP
	Sept. 19, 2002	RECEIVED: [Proposed] Order re continuance of case management conference (defendant) [3:97-cv-04016] (tn, COURT STAFF)
	Sept. 19, 2002	RECEIVED: [Proposed] Stipulation re continuance of case management conference submitted by defendant & Plaintiff [3:97-cv-04016] (tn, COURT STAFF)
37	Sept. 20, 2002	ORDER by Mag. Judge Bernard Zimmerman: Case Management Conference continued to 10/7/02 at 4:00 p.m. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 09/23/2002)	RECAP
38	Sept. 30, 2002	STATUS CONFERENCE STATEMENT by defendants [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/02/2002)	RECAP
39	Sept. 30, 2002	STATUS CONFERENCE STATEMENT by Plaintiffs [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/02/2002)	RECAP
40	Oct. 3, 2002	ORDER by Mag. Judge Bernard Zimmerman Continuing Status Conference to 6/2/03 at 4:00 p.m. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 10/07/2002)	RECAP
42	May 23, 2003	JOINT STATUS CONFERENCE STATEMENT by Parties [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/27/2003)	RECAP
43	May 28, 2003	CLERK'S NOTICE: Status conference re-set for 4:00 p.m. on 12/1/03 [3:97-cv-04016] (tn, COURT STAFF) (Entered: 05/29/2003)	RECAP
44	Nov. 24, 2003	JOINT STATUS CONFERENCE STATEMENT by Parties [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/26/2003)	RECAP
45	Nov. 24, 2003	PROOF OF SERVICE by Plaintiffs of joint status conference statement [44-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/26/2003)	RECAP
46	Nov. 25, 2003	CLERK'S NOTICE: Case Management Conference re-set for 4:00 p.m. on 5/10/04, and Case Management Conference Statement is due seven days prior to the conference. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/02/2003)	RECAP
	April 26, 2004	RECEIVED: Stipulation & [Proposed] Order To Reschedule Case Management Conference. [3:97-cv-04016] (tn, COURT STAFF)
47	April 27, 2004	STIPULATION and ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE by Mag. Judge Bernard Zimmerman : Good cause appearing, the Court hereby orders that the Case Management Conference currently scheduled for May 10, 2004, be rescheduled for 4:00 6/21/04 ; (cc: all counsel) [3:97-cv-04016] (aaa, COURT StafF) (Entered: 05/06/2004)	RECAP
	June 14, 2004	RECEIVED: Stipulation & [Proposed] Order re: Continuance of Case Management Conference. [3:97-cv-04016] (tn, COURT STAFF)
48	June 17, 2004	STIPULATION and ORDER by Mag. Judge Bernard Zimmerman: Case Management Conference re-set for 4:00 p.m. on 9/13/04 (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 06/21/2004)	RECAP
49	Sept. 3, 2004	JOINT CASE MANAGEMENT CONFERENCE STATEMENT and PROPOSED ORDER filed. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 09/09/2004)	RECAP
50	Sept. 14, 2004	CIVIL MINUTES: (C/R: 4:10-4:09p.m.) (Hearing Date: 9/13/04) Case Management Conference - - Matter Held ; Case Settled. Final Fairness Hearing is set for 2/2/05 at 10:00 a.m; Order to be prepared by the Court. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 09/15/2004)	RECAP
51	Nov. 5, 2004	CLERK'S NOTICE Setting Joint Motion for Preliminary Approval to 12/1/04 at 10:00 a.m. ; [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/08/2004)	RECAP
52	Nov. 24, 2004	JOINT MOTION before Mag. Judge Bernard Zimmerman Filed by defendants & Plaintiffs For Preliminary Approval of Class Settlement Agreement; Certification of Amended Class; Directing Notice to the Class & for a Scheduling Order, with MEMORANDUM of Points & Authorities in Support Thereof. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)	RECAP
53	Nov. 24, 2004	DECLARATION of Laurence Paradis on behalf of defendants & Plaintiffs in Support of their Joint Motion For Preliminary Approval of Class Settlement Agreement; Certification of Amended Class; Directing Notice to the Class & for a Scheduling Order [52-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)	RECAP
54	Nov. 24, 2004	MOTION before Mag. Judge Bernard Zimmerman Filed by Plaintiffs For Attorney's Fees & Costs (FRCP 23(h)(1)), with MEMORANDUM of Points & Authorities in Support Thereof. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)	RECAP
55	Nov. 24, 2004	DECLARATION of Richard M. Pearl on behalf of Plaintiffs in Support of their Motion For Attorney's Fees & Costs (FRCP 23(h)(1)) [54-1]. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)	RECAP
56	Nov. 24, 2004	PROOF OF SERVICE by defendants of declaration [55-1], joint motion For Preliminary Approval of Class Settlement Agreement; Certification of Amended Class; Directing Notice to the Class & for a Scheduling Order [52-1] & Settlement Agreement & Release of Claims. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 11/30/2004)	RECAP
58	Nov. 24, 2004	SETTLEMENT AGREEMENT & RELEASE OF CLAIMS Filed by the Parties. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/02/2004)	RECAP
57	Dec. 1, 2004	CIVIL MINUTES ORDER: (C/R Jim Yeomans; 10:27-12:06p.m.) (Hearing Date: 12/1/04) Joint Motion for Preliminary Approval - - Matter Held & Continued to 1/5/05 at 3:00 p.m. ; Supplemental documents due by 12/22/04; The Court will re-set date for Fairness Hearing; Counsel to submit proposed orders to bzpo@cand.uscourts.gov. & the Clerk shall file the original settlement agreement. [3:97-cv-04016] (tn, COURT STAFF) Modified on 12/02/2004 (Entered: 12/02/2004)	RECAP
59	Dec. 7, 2004	CIVIL MINUTES: (C/R TC41-04) (Hearing Date: 12/6/04) Nondispositive Motion - uncontested ; Further hearing on preliminary approval of claims settlement. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/08/2004)	RECAP
60	Dec. 22, 2004	JOINT MOTION before Mag. Judge Bernard Zimmerman by Plaintiffs & Defendants For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement with Notice set for 1/5/05 at 3:00 p.m. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
61	Dec. 22, 2004	DECLARATION of Sara Hadsell, Co-President on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
62	Dec. 22, 2004	DECLARATION of Alaine Perry on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
63	Dec. 22, 2004	DECLARATION of Kaaryn Gustafson on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
64	Dec. 22, 2004	DECLARATION of Michael Emmett on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
65	Dec. 22, 2004	DECLARATION of Mariyam Cementwala on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
66	Dec. 22, 2004	SUPPLEMENTAL DECLARATION of Sara Hadsell on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
67	Dec. 22, 2004	SUPPLEMENTAL DECLARATION of Laurence Paradis on behalf of Plaintiffs in Support of Motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
68	Dec. 22, 2004	PROOF OF SERVICE by Plaintiffs of document received [0-0], document received [0-0], order received [0-0], declaration [67-1], declaration [66-1], declaration [65-1], declaration [64-1], declaration [63-1], declaration [62-1], declaration [61-1], motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 12/29/2004)	RECAP
	Dec. 22, 2004	RECEIVED: [Proposed] Order Granting Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] & Setting Hearing on Proposed Class Settlement; F.R.C.P. 12(e) [3:97-cv-04016] (tn, COURT STAFF)
	Dec. 22, 2004	RECEIVED: [Proposed] First Amended Complaint for Discrimination Against Persons with Disabilities, etc submitted by Plaintiffs [3:97-cv-04016] (tn, COURT STAFF)
	Dec. 22, 2004	RECEIVED: [Proposed] Settlement Agreement & Release of Claims Submitted by defendants & Plaintiffs [3:97-cv-04016] (tn, COURT STAFF)
69	Jan. 6, 2005	CIVIL MINUTES: (C/R Diane Skillman, 3:02-3:52 & 3:52-3:53) ( Hearing Date: 1/5/05) Further Joint Motion for Preliminary Approval -- Matter Held; Last day for notice 1/19/05; Last day for objections 2/28/05; Written response due 3/11/05 & Fairness Hearing set for 3/23/05 at 3:00 p.m. ; Order to be prepared by the Court; Case referred to Mag. Judge for a Settlement Conference to occur as soon as schedule permits by the Court [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/10/2005)	RECAP
70	Jan. 6, 2005	ORDER Signed by Mag. Judge Bernard Zimmerman on 1/6/05 Granting Preliminary Approval of Amended Class Action Settlement Agreement & Setting Final Fairness Heareing on 3/23/05 at 3:00 p.m. (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/10/2005)	RECAP
71	Jan. 20, 2005	STIPULATION by Parties for Filing of Amended Complaint Pursuant to FRCP 15(a). [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/21/2005)	RECAP
72	Jan. 20, 2005	FIRST AMENDED COMPLAINT FOR DISCRIMINATION AGAINST PERSONS WITH DISABILITIES re [1-1] Filed by Plaintiffs. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/21/2005)	RECAP
73	Jan. 20, 2005	SETTLEMENT AGREEMENT & RELEASE OF CLAIMS [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/21/2005)	RECAP
74	Jan. 26, 2005	PROOF OF SERVICE by defendants of Notice of Settlement Agreement. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 01/27/2005)	RECAP
75	March 11, 2005	SUPPLEMENTAL MEMORANDUM Filed by Defendants in Support of Joint Motion for Final Approval of Class Action Settlement Agreement. [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/14/2005)	RECAP
76	March 11, 2005	DECLARATION of Brian P. Maschler on behalf of defendants in Support of Joint motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/14/2005)	RECAP
77	March 11, 2005	DECLARATION of Stephen Tollafield on behalf of Plaintiffs in Support of Joint motion For Preliminary Approval of Class Action Settlement Agreement: Supplemental Brief Regarding Class Definition & Binding Effect of FRCP 23(b)(2) Class Action Settlement [60-1] [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/14/2005)	RECAP
	March 22, 2005	RECEIVED [Proposed] Order Granting Final Approval of Class Action Settlement Agreement Submitted by defendants [3:97-cv-04016] (tn, COURT STAFF)
78	March 23, 2005	ORDER Signed by Mag. Judge Bernard Zimmerman Granting Final Approval of Class Action Settlement Agreement & terminating case; appeal filing ddl 4/25/05 (cc: all counsel) [3:97-cv-04016] (tn, COURT STAFF) (Entered: 03/24/2005)	RECAP
	March 23, 2005	RECEIVED [Proposed] Order Granting Final Approval of Class Action Settlement Agreement Submitted by defendants [3:97-cv-04016] (tn, COURT STAFF)

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Case Details

State / Territory:

California

Case Type(s):

Education

Key Dates

Filing Date: Oct. 31, 1997

Closing Date: May 5, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.C. Berkeley students with mobility and/or vision disabilities who were not provided with full and access due to the presence of physical access barriers.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

The Regents of the University of California

University of California at Berkley

Defendant Type(s):

College/University

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Other Dockets:

Northern District of California 3:97-cv-04016

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

Content of Injunction:

Discrimination Prohibition

Hire

Provide antidiscrimination training

Recordkeeping

Required disclosure

Amount Defendant Pays: 669,000

Order Duration: 2005 - 2019

Issues

General/Misc.:

Access to public accommodations - governmental

Barrier Removal

Buildings

School/University Facilities

Staff (number, training, qualifications, wages)

Transportation

Disability and Disability Rights:

Mobility impairment

Reasonable Accommodations

Reasonable Modifications

Sidewalks

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Gustafson v. University of California-Berkeley, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9794/ (last updated 4/12/2019).