The opinion of the court was delivered by: JOSEPH SPERO, Magistrate Judge
SETTLEMENT AGREEMENT AND STIPULATED ORDER
On July 7, 2004, Plaintiffs filed this class action on behalf
of General Assistance ("GA") recipients with mental disabilities
to enjoin the County of Alameda and its Social Services Agency
(collectively, "the County") from discontinuing GA benefits for
recipients with mental disabilities in alleged violation of the
Americans with Disabilities Act ("ADA"), California Welfare and
Institutions Code § 17001.5 and other laws. Defendants answered
the complaint and denied liability. On January 28, 2005,
following substantial discovery, Plaintiffs filed motions for
preliminary injunction, class certification and leave to amend
their complaint. Defendants opposed the motions for preliminary
injunction and class certification, but did not oppose
Plaintiffs' motion for leave to amend.
The parties now desire to resolve this matter by agreement to
avoid the risks and burdens of further litigation. They have
therefore entered into this Settlement Agreement and now submit
it to the Court for approval. The Court has not determined
whether the County has violated any law, and, by entering into
this Settlement Agreement, the County does not admit that it is,
or has been, in violation of any law.
On motion of all parties, and the parties consenting thereto,
it is therefore ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
The Court has personal jurisdiction over the parties, federal
question subject matter jurisdiction of this action under the
Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. and
supplemental subject matter jurisdiction over Plaintiffs' state
law claims. Plaintiffs assert claims that they believe would, if
proved, authorize the Court to grant the injunctive relief set
forth in this agreement. Venue is proper in this District.
For purposes of this Settlement Agreement, the following
definitions shall apply:
1. "The County" or "Defendants" shall mean the County of
Alameda, its Board of Supervisors, its Social Services Agency
("SSA") and the SSA Director. 2. "Mental Disability" is defined with reference to ADA,
42 U.S.C. § 12131, its regulations 28 C.F.R. § 35.104 (4)(1)(i), and
California Government Code § 12926(i).
3. "Plaintiffs" shall mean Frank Santos, Dianne Qualls, and
4. "Parties" shall mean the County and Plaintiffs.
The County shall adhere to the provisions of the ADA as they
apply to GA applicants and recipients.
V. GENERAL ASSISTANCE REPORTING REQUIREMENTS
The County agrees to make the following changes to its
reporting requirements within nine months from the effective date
of this Settlement Agreement. The parties or the Court may extend
this deadline upon a showing of good cause.
A. Conversion To Quarterly Reporting
The County will convert from a monthly to a quarterly reporting
system in its GA program so that GA recipients will be required
to report changes in income and/or household status to the County
on a quarterly basis using the QR7 (Quarterly Reporting) report
form ("QR7"). The QR7 will be due 30 days before the commencement
of the new quarter.
B. Exemptions From The Reporting Requirement
The County, as set forth in Section VI of this Agreement, will
establish standards and procedures for exempting from the
quarterly reporting requirements certain GA recipients. The
County shall also exempt from the quarterly ...