Chambers et al v. City and County of San Francisco

Filing 124

ORDER REGARDING CONTINUING REPORTING AND JURISDICTION re 123 Stipulation, filed by The Independent Living Resource Center of San Francisco, Woodrow Falls, Jr., Gerald Scott, Mark Chambers, Mary T., M.H., Phillip K. (whalc2, COURT STAFF) (Filed on 9/29/2011)

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Elissa Gershon, State Bar No. 169741
Kimberly Swain, State Bar No. 100340
Elizabeth Zirker, State Bar No. 233487
DISABILITY RIGHTS CALIFORNIA
1330 Broadway, Suite 500
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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[Complete list of counsel on following pages.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK CHAMBERS, et al.
Plaintiffs,

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CITY AND COUNTY OF
SAN FRANCISCO

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Defendant.
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Case No.: C06-06346 WHA
STIPULATION AND [PROPOSED]
ORDER REGARDING CONTINUING
REPORTING AND JURISDICTION

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MARK CHAMBERS, ET AL. V. CITY AND COUNTY OF SAN FRANCISCO C06-06346 WHA, STIPULATION AND [PROPOSED] ORDER
REGARDING CONTINUING REPORTING AND JURISDICTION

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Arlene Mayerson, State Bar No. 79310
Larisa Cummings, State Bar No. 131076
Silvia Yee, State Bar No. 222737
DISABILITY RIGHTS EDUCATION AND DEFENSE FUND, INC.
3075 Adeline Street, Suite 210
Berkeley, CA 94703
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Ira Burnim, Pro Hac Vice
Jennifer Mathis, Pro Hac Vice
BAZELON CENTER FOR MENTAL HEALTH LAW
1101 – 15th Street, N.W., Suite 1212
Washington, D.C, 20005-2002
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Bruce Vignery, Pro Hac Vice
AARP FOUNDATION LITIGATION
601 “E” Street, N.W., Bldg A4-170
Washington, DC 20049
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Dennis J. Herrera (SBN 139669)
City Attorney
Danny Chou (SBN 180240)
Chief of Affirmative and Complex Litigation
James M. Emery (SBN 153630)
Aleeta Van Runkle (SBN 124563)
Deputy City Attorneys
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
City and County of San Francisco

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MARK CHAMBERS, ET AL. V. CITY AND COUNTY OF SAN FRANCISCO C06-06346 WHA, STIPULATION AND [PROPOSED] ORDER
REGARDING CONTINUING REPORTING AND JURISDICTION

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The parties hereby stipulate as follows:
1. Pursuant to Section XIX.A of the Settlement Agreement approved by the Court on

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September 18, 2008, (ECF Nos. 83-4 and 93), this Court’s jurisdiction shall terminate as of

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September 18, 2011 except for Defendant’s obligations under Section VIII.B, as set forth in

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Section XIX.B of the Settlement Agreement.

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2. Pursuant to Section XIX.B of the Settlement Agreement, the Court’s jurisdiction shall

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terminate as to Section VIII.B on September 18, 2013 unless the Court, in its discretion,

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extends the term of the Settlement Agreement upon finding a material breach.

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3. In furtherance of Plaintiffs’ remaining monitoring obligations, and in order to provide

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Plaintiffs with information concerning the implementation of recent programmatic changes

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undertaken by Defendant to further Defendant's compliance with the Settlement Agreement,

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San Francisco agrees to provide the following reports and access to Class Member

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information to Plaintiffs’ counsel:

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a. Plaintiffs' counsel shall continue to have the same access to the DCIP database as
under our current agreement until September 18, 2013;

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b. San Francisco shall provide aggregate data, on a quarterly basis, on the following data

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elements identified in the Settlement Agreement, Attachment A: 1, 2, 3, 5, 6, 7, 10,

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11, 22, 23, 27, 31, 33 until September 18, 2013;

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c. San Francisco shall provide, on a quarterly basis, QAIP reports, as well as any new
indicators or protocols as they are developed until September 18, 2013;
d. San Francisco shall provide semi-annual Community Living Fund reports prepared
for the Board of Supervisors;
e. The parties agree to meet quarterly, with City staff as necessary, to discuss and

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address issues related to information exchanged pursuant to Section 3(a)-(d) of this

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Stipulation until September 18, 2012. Prior to September 18, 2012, the parties shall

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meet and confer as to whether continued meetings are necessary and merited;

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MARK CHAMBERS, ET AL. V. CITY AND COUNTY OF SAN FRANCISCO C06-06346 WHA, STIPULATION AND [PROPOSED] ORDER
REGARDING CONTINUING REPORTING AND JURISDICTION

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4. The parties agree that the dispute resolution provisions of the Settlement Agreement (Section

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XVI) remain in effect through September 18, 2013 as to Section VIII of the Settlement

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Agreement and the parties' obligations set forth in Section 3 of this Stipulation.

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Respectfully Submitted,
Date: September 15, 2011

By:

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Date: September 15, 2011

By:

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/s/
Aleeta van Runkle
Attorneys for Defendant City and County
of San Francisco
/s/
Elissa Gershon
Attorneys for Plaintiffs

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Filer’s Attestation: Pursuant to General Order No. 45, § X(B), I attest under penalty of
perjury that concurrence in the filing of the document has been obtained from each of its signatories.
Date: September 15, 2011

By:

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/s/
Elissa Gershon
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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September 26, 2011.
Date: September 29, 2011.

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By:
WILLIAM H. ALSUP
William Alsup
UNITED STATES DISTRICT JUDGE

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MARK CHAMBERS, ET AL. V. CITY AND COUNTY OF SAN FRANCISCO C06-06346 WHA, STIPULATION AND [PROPOSED] ORDER
REGARDING CONTINUING REPORTING AND JURISDICTION

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U:\BAY\SHARED\Chambers\Settlement Implementation\Stipulation Regarding Continuing Reporting and Jurisdiction - FINAL - 9-15-11.docx

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MARK CHAMBERS, ET AL. V. CITY AND COUNTY OF SAN FRANCISCO C06-06346 WHA, STIPULATION AND [PROPOSED] ORDER
REGARDING CONTINUING REPORTING AND JURISDICTION