Kramer

ORDER DENYING MOTION TO DISMISS

On May 21, 1999, the Court heard argument on defendants’ motion to dismiss. Having considered the arguments of counsel and the papers submitted, the Court hereby DENIES the defendants’ motion.

BACKGROUND

On February 24, 1999, plaintiffs Janine Kramer, Shazia Siddiqi and Emily Alexander sued defendants the University of California at Berkeley, the Regents of the University of California, and Robert Ber-dahl, Chancellor of the University of California at Berkeley (collectively “the University”) alleging violations of (1) the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. (“ADA”); and (2) § 504 of the Rehabilitation Act (“Rehab Act”). Plaintiffs filed a substantially similar first amended complaint on May 3, 1999, which named Chancellor Larry Venderhoef of the University of California at Davis and Chancellor Robert Berdahl or the University of California at Berkeley as defendants in their official capacities. Plaintiffs are deaf or severely hard-of-hearing students at the University of California, and sue on behalf of themselves and all others similarly situated. Plaintiffs allege that the class that they represent “is composed of all…