Case: American Council of the Blind v. Astrue

3:05-cv-04696 | U.S. District Court for the Northern District of California

Filed Date: Nov. 16, 2005

Clearinghouse coding complete

Case Summary

On November 16, 2005, a group of visually impaired recipients of Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI), along with a national nonprofit comprised of the visually impaired, filed this class action lawsuit in the U.S. District Court for the Northern District of California, under the Rehabilitation Act of 1973 and the Due Process clause of the Fifth Amendment under Bivens. The plaintiffs, represented by private counsel, sought declaratory and injunc…

On November 16, 2005, a group of visually impaired recipients of Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI), along with a national nonprofit comprised of the visually impaired, filed this class action lawsuit in the U.S. District Court for the Northern District of California, under the Rehabilitation Act of 1973 and the Due Process clause of the Fifth Amendment under Bivens. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, claiming that the defendant, the Social Security Administration ("SSA"), consistently refused to communicate with visually impaired beneficiaries through reasonably accessible means. Specifically, the plaintiffs claimed that such conduct deprived blind people of equal access to information necessary to maintaining benefits and therefore constituted unlawful discrimination.

On April 23, 2008, U.S. District Court Judge William Alsup denied the defendants' motion to dismiss and requested further briefing regarding how the court should proceed. 2008 WL 1858928. Holding that §504 of the Rehabilitation Act trumped the special-notice provisions, the court found that Congress intended to improve notice to blind recipients when it passed the special notice provision. Both parties requested to continue litigating the claims on a class-wide basis, as opposed to staying the case to give the SSA time to amend its rules and policies to conform with that holding. In a May 13, 2008 order, the court denied the defendants’ motion to dismiss plaintiffs’ due process claims. 2008 WL 2050852.

On September 11, 2008, the court certified two classes. Though both of these classes consisted of individuals with visual impairments who needed materials in an accessible format to participate in Social Security programs, one class was comprised of applicants and beneficiaries, and the other was comprised of representative payees.

On October 20, 2009, the court granted declaratory and injunctive relief to the plaintiffs after a bench trial, finding that the plaintiffs had not proven a class-wide violation of due process, but had proven a class-wide violation of the Rehabilitation Act's §504 and §85.51. Because the SSA had earlier spurned the opportunity for a stay pending rule-making, the Court found that the agency had effectively consented to resolve the case by litigating on a class-wide basis and therefore ordered a class-wide injunction. This order mandated that SSA develop and offer a Braille and a navigable Microsoft Word CD alternative, notify all known visually impaired recipients of these new alternatives, announce these alternatives on their website, train employees to orally communicate this news to the blind, comply in good faith with §85.51 requirements regarding further individual accommodations, and cease limiting benefits to visually impaired recipients without first providing the notice prescribed above. The Court retained jurisdiction to enforce this order. 2009 WL 3400686.

On January 22, 2010, the Court amended the compliance schedule to allow the SSA more time to implement the aforementioned order.

On April 16, 2012, the Court informed both parties' counsel that it had received a lengthy letter from a class member regarding alleged violations of the 2009 order; the Court ordered counsel to meet, confer, and advise on how the letter should be addressed. On April 30, 2012, counsel submitted a joint statement identifying most of the class member's complaints as outside the scope of the Court's order or outside the Court's jurisdiction, excepting one standard-print letter that should have been sent in Braille. The SSA agreed to resend that particular letter in Braille, and the class member was instructed to inform class counsel if further violations of the Court's order occurred.

The docket does not show any subsequent activity. The case is, if not closed, long-dormant.

Summary Authors

Timothy Shoffner (6/1/2012)

Saeeda Joseph-Charles (11/16/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4165577/parties/american-council-of-the-blind-v-astrue/


Judge(s)

Alsup, William Haskell (California)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Brand, Esta Lynne (California)

Cardoso, Denise Marieiro (California)

Crosby, Peter J. (California)

Cummings, Larisa M. (California)

Finberg, Jeanne (California)

Foster, Jacob Nathaniel (California)

Haq, Adil (California)

Jenkins, Sara E. (California)

Judge(s)

Alsup, William Haskell (California)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Brand, Esta Lynne (California)

Cardoso, Denise Marieiro (California)

Crosby, Peter J. (California)

Cummings, Larisa M. (California)

Finberg, Jeanne (California)

Foster, Jacob Nathaniel (California)

Haq, Adil (California)

Jenkins, Sara E. (California)

Kumar, Ruhi (California)

Lanvers, Charlotte L. (District of Columbia)

Lu, Jennifer C. (California)

Mayerson, Arlene Brynne (California)

McIntyre, Gerald Andrew (California)

Miller, Ann Kathleen (California)

Rosen, Catherine Picard (California)

Russell, Wondie (California)

Su, Henry C. (District of Columbia)

Wang, Marilee Chan (California)

Wilde, Kathleen L. (Oregon)

Yee, Silvia (California)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

La Morte, Tara Marie (District of Columbia)

Riess, Daniel Martin (District of Columbia)

Risner, Scott (District of Columbia)

Documents in the Clearinghouse

Document

3:05-cv-04696

Docket

May 1, 2012

May 1, 2012

Docket
1

3:05-cv-04696

Complaint for Declaratory and Injunctive Relief

Nov. 16, 2005

Nov. 16, 2005

Complaint
78

3:05-cv-04696

Order: (1) Denying Motions to Dismiss in Part and (2) Requesting Further Briefing

American Council for the Blind v. Astrue

2008 WL 1858928

April 23, 2008

April 23, 2008

Order/Opinion
83

3:05-cv-04696

Order [Denying 12(b)(6) Motion To Dismiss]

2008 WL 2050852, 2008 U.S.Dist.LEXIS 120564

May 13, 2008

May 13, 2008

Order/Opinion
93

3:05-cv-04696

Second Amended Complaint for Declaratory and Injunctive Relief

June 18, 2008

June 18, 2008

Complaint
126

3:05-cv-04696

Order [Granting Motion for Class Certification In Part]

2008 WL 4279674

Sept. 11, 2008

Sept. 11, 2008

Order/Opinion
323

3:05-cv-04696

Findings of Fact and Conclusions of Law After Bench Trial

2009 WL 3400686

Oct. 20, 2009

Oct. 20, 2009

Order/Opinion
368

3:05-cv-04696

Order [Amending Compliance Schedule and Vacating Hearing]

Jan. 22, 2010

Jan. 22, 2010

Order/Opinion
376

3:05-cv-04696

Second Order Amending Compliance Schedule and Vacating Hearing

April 2, 2010

April 2, 2010

Order/Opinion
385

3:05-cv-04696

Joint Statement Regarding Letter from Class Member

American Council of the Blind v. Astrue

April 30, 2012

April 30, 2012

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4165577/american-council-of-the-blind-v-astrue/

Last updated July 18, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; summons issued against Jo Anne B. Barnhart, Social Security Administration ( Filing fee $ 250; receipt number 3378466). Filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (slh, COURT STAFF) (Filed on 11/16/2005) Additional attachment(s) added on 12/13/2005 (slh, COURT STAFF). (Entered: 11/17/2005)

Nov. 16, 2005

Nov. 16, 2005

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 2/14/2006. Case Management Conference set for 2/21/2006 02:00 PM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 11/16/2005) (Entered: 11/17/2005)

1 Standing Order

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Nov. 16, 2005

Nov. 16, 2005

PACER
3

SUMMONS Returned Executed by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. Jo Anne B. Barnhart served on 11/17/2005, answer due 12/7/2005. (Answer due 90 days after service of the summons, i.e., 2/15/2006) (Rosen, Catherine) (Filed on 11/21/2005) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
4

SUMMONS Returned Executed by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. Social Security Administration served on 11/23/2005, answer due 12/13/2005. (Answer due 90 days after service of the summons, i.e., 2/21/2006) (Rosen, Catherine) (Filed on 11/30/2005) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
5

CERTIFICATE OF SERVICE by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper re Service of Summons and Complaint on U.S. Attorney General (Rosen, Catherine) (Filed on 1/27/2006) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
6

MOTION of Kathleen L. Wilde for leave to appear in Pro Hac Vice (fee paid) filed by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (slh, COURT STAFF) (Filed on 2/3/2006) (Entered: 02/06/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
7

CLERK'S NOTICE. Case Management Conference reset for 4/11/2006 02:00 PM. Joint Case Management Statement due by 4/3/2006. (mat, COURT STAFF) (Filed on 2/7/2006) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

PACER
8

ORDER by Judge Martin J. Jenkins GRANTING 6 Motion for Pro Hac Vice admission of attorney Kathleen L. Wilde. (slh, COURT STAFF) (Filed on 2/10/2006) (Entered: 02/13/2006)

Feb. 10, 2006

Feb. 10, 2006

PACER
9

NOTICE by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper Proof of Service of Clerk's Notice re Case Management Conference (Rosen, Catherine) (Filed on 2/13/2006) (Entered: 02/13/2006)

Feb. 13, 2006

Feb. 13, 2006

PACER
10

CERTIFICATE OF SERVICE by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper Proof of Service of Order Granting Application for Admission of Attorney Pro Hac Vice of Kathleen L. Wilde (Rosen, Catherine) (Filed on 2/28/2006) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

PACER
11

STIPULATION Requesting Order Rescheduling Case Management Conference (Joint) by Jo Anne B. Barnhart, Social Security Administration. (La Morte, Tara) (Filed on 3/3/2006) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

PACER
12

ORDER granting 11 Stipulation filed by Jo Anne B. Barnhart,, Social Security Administration, Case Management Conference reset for 4/18/2006 02:00 PM.. Joint Case Management Conference Statement fue 4/10/2006. Signed by Judge Martin J. Jenkins on 3/9/2006. (mat, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

RECAP
13

AMENDED COMPLAINT for Declaratory and Injunctive Relief against all defendants. Filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Russell, Wondie) (Filed on 3/23/2006) (Entered: 03/23/2006)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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March 23, 2006

March 23, 2006

PACER
14

STIPULATION To Exceed Page Limitations by Jo Anne B. Barnhart, Social Security Administration. (La Morte, Tara) (Filed on 3/27/2006) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

PACER
15

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options By Parties and Counsel (Russell, Wondie) (Filed on 3/29/2006) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

PACER
16

***DOCUMENT FILED IN ERROR - PLEASE SEE #17*** ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 3/31/2006) Modified on 4/4/2006 (tjs, COURT STAFF). (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
17

ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 4/4/2006) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

PACER
18

MOTION to Dismiss for Lack of Jurisdiction (subject matter FRCP 12(b)(1)) filed by Jo Anne B. Barnhart, Social Security Administration. Motion Hearing set for 6/13/2006 09:30 AM. (La Morte, Tara) (Filed on 4/5/2006) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

PACER
19

MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed by Jo Anne B. Barnhart, Social Security Administration. Motion Hearing set for 6/13/2006 09:30 AM. (La Morte, Tara) (Filed on 4/5/2006) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

PACER
20

CLERK'S NOTICE. Case Management Conference reset for 7/18/2006 02:00 PM. Joint Case Management Statement due by 7/10/2006. (mat, COURT STAFF) (Filed on 4/5/2006) (Entered: 04/05/2006)

April 5, 2006

April 5, 2006

PACER
21

STIPULATION To Reschedule Hearing Date and For Extension of Time for Defendants' Reply Briefs by Jo Anne B. Barnhart, Social Security Administration. (La Morte, Tara) (Filed on 5/12/2006) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

PACER
22

ORDER granting 21 Stipulation filed by Jo Anne B. Barnhart,, Social Security Administration,, Set/Reset Deadlines as to 21 Stipulation, 18 MOTION to Dismiss for Lack of Jurisdiction (subject matter FRCP 12(b)(1)), 19 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted. Motions hearing reset for 7/18/2006 09:30 AM.. Signed by Judge Martin J. Jenkins on 5/15/2006. (mat, COURT STAFF) (Filed on 5/15/2006) (Entered: 05/15/2006)

May 15, 2006

May 15, 2006

RECAP
23

Memorandum in Opposition re 19 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Mayerson, Arlene) (Filed on 5/23/2006) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

PACER
24

Proposed Order re 23 Memorandum in Opposition, Denying Defendants' Motion to Dismiss Under Rule 12(b)(6) of the Federal Rules of Civil Procedure by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Mayerson, Arlene) (Filed on 5/23/2006) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

PACER
25

Memorandum in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction (subject matter FRCP 12(b)(1)) filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 5/23/2006) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

PACER
26

Declaration of Larisa M. Cummings in Support of 25 Memorandum in Opposition, to 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jursidiction filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s) 25 ) (Russell, Wondie) (Filed on 5/23/2006) (Entered: 05/23/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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May 23, 2006

May 23, 2006

PACER
27

Declaration of Billie Jean Keith in Support of 25 Memorandum in Opposition, to 12(b)(1) Motion to Dimiss for Lack of Subject Matter Jurisdiction filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U)(Related document(s) 25 ) (Russell, Wondie) (Filed on 5/23/2006) (Entered: 05/23/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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May 23, 2006

May 23, 2006

PACER
28

Declaration of Kathleen L. Wilde in Support of 25 Memorandum in Opposition, to 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 25 ) (Russell, Wondie) (Filed on 5/23/2006) (Entered: 05/23/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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May 23, 2006

May 23, 2006

PACER
29

Request for Judicial Notice re 23 Memorandum in Opposition,, 25 Memorandum in Opposition, in Support of Motions to Dismiss filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Related document(s) 23, 25 ) (Russell, Wondie) (Filed on 5/23/2006) (Entered: 05/23/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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May 23, 2006

May 23, 2006

PACER
30

Proposed Order re 25 Memorandum in Opposition, Denying Defendants' 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction by Scarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 5/23/2006) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

PACER
31

ORDER RE-SETTING HEARING DATE ON MOTION TO DISMISS AND RE-SETTING CMC. Signed by Judge Martin J. Jenkins on 6/1/2006. (mjjlc2, COURT STAFF) (Filed on 6/1/2006) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

RECAP
32

STIPULATION To Reschedule Hearing Date on Defendants' Motions to Dismiss and To Grant Defendants Three-Day Extension to File Reply Briefs by Jo Anne B. Barnhart, Social Security Administration. (La Morte, Tara) (Filed on 6/2/2006) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

PACER
33

ORDER granting 32 Stipulation filed by Jo Anne B. Barnhart,, Social Security Administration,, Set/Reset Deadlines as to 32 Stipulation, 18 MOTION to Dismiss for Lack of Jurisdiction (subject matter FRCP 12(b)(1)), 19 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted. Replies due by 6/9/2006. Motion Hearing reset for 9/12/2006 09:30 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Martin J. Jenkins on 6/6/2006. (matS, COURT STAFF) (Filed on 6/6/2006) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

RECAP
34

Reply Memorandum In Support Of Motion To Dismiss For Lack Of Subject Matter Jurisdiction filed byJo Anne B. Barnhart, Social Security Administration. (Attachments: # 1 Exhibit Exhibit 1 to Defs.' Reply Mem. In Support of Motion To Dismiss For Lack Of Subject Matter Jurisdiction)(La Morte, Tara) (Filed on 6/9/2006) (Entered: 06/09/2006)

1 Exhibit Exhibit 1 to Defs.' Reply Mem. In Support of Motion To Dismiss For

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June 9, 2006

June 9, 2006

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Reply Memorandum In Support of Defs.' Rule 12(b)(6) Motion to Dismiss filed byJo Anne B. Barnhart, Social Security Administration. (Attachments: # 1 Exhibit Defs.' Exhibit 1# 2 Exhibit Defs.' Exhibit 2)(La Morte, Tara) (Filed on 6/9/2006) (Entered: 06/09/2006)

1 Exhibit Defs.' Exhibit 1

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2 Exhibit Defs.' Exhibit 2

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June 9, 2006

June 9, 2006

PACER
36

CLERK'S NOTICE. Case Management Conference reset for 11/28/2006 02:00 PM. Joint Case Management Statement due by 11/20/2006. (mat, COURT STAFF) (Filed on 9/8/2006) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
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CLERK'S NOTICE Continuing Defendant's Motions to Dismiss Hearing. Motion Hearing reset for 10/31/2006 09:30 AM in Courtroom 11, 19th Floor, San Francisco. (mat, COURT STAFF) (Filed on 9/8/2006) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
38

STIPULATION : Joint Stipulation Requesting Rescheduling of Hearing Date on Defendants' Motions to Dismiss by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Mayerson, Arlene) (Filed on 10/5/2006) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

PACER
39

ORDER Re-Setting Hearing Date of Defendants' 18 MOTION to Dismiss for Lack of Jurisdiction (subject matter FRCP 12(b)(1)), 19 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted. Motion Hearing reset for 2/6/2007 09:30 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Martin J. Jenkins on 10/10/2006. (mat, COURT STAFF) (Filed on 10/10/2006) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

RECAP
40

CLERK'S NOTICE. Case Management Conference reset for 3/13/2007 02:00 PM. Joint Case Management Statement due by 3/5/2007. (mat, COURT STAFF) (Filed on 10/11/2006) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

PACER
41

STIPULATION REQUESTING RESCHEDULING OF HEARING DATE ON DEFENDANTS' MOTIONS TO DISMISS by American Council of the Blind. (Russell, Wondie) (Filed on 1/5/2007) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
42

MOTION to Withdraw Defendants' Motions To Dismiss Without Prejudice To Refiling filed by Jo Anne B. Barnhart, Social Security Administration. (La Morte, Tara) (Filed on 1/16/2007) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

PACER
43

Statement of Non-Opposition re 42 MOTION to Withdraw Defendants' Motions To Dismiss Without Prejudice To Refiling filed byScarlett Miles, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Related document(s) 42 ) (Rosen, Catherine) (Filed on 1/17/2007) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
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NOTICE by Jo Anne B. Barnhart, Social Security Administration Of Withdrawal Of Motions (La Morte, Tara) (Filed on 1/23/2007) (Entered: 01/23/2007)

Jan. 23, 2007

Jan. 23, 2007

PACER
45

STIPULATION and Proposed Order Continuing Case Management Conference Presently Scheduled for March 13, 2007 and Setting a Status Conference for May 15, 2007 at 2:00 p.m. by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Affidavit of Wondie Russell in Support)(Rosen, Catherine) (Filed on 2/26/2007) (Entered: 02/26/2007)

1 Affidavit of Wondie Russell in Support

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Feb. 26, 2007

Feb. 26, 2007

PACER
46

ORDER CONTINUING CASE MANAGEMENT CONFERENCE PRESENTLY SCHEDULED FOR MARCH 13, 2007 AND SETTING A STATUS CONFERENCE FOR MAY 15, 2007 AT 2:00 P.M. Signed by Judge Martin J. Jenkins on 2/27/2007. (ls, COURT STAFF) (Filed on 2/28/2007) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

RECAP
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STATUS REPORT (Joint) by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 4/30/2007) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
48

ORDER re 47 Status Report. Status Conference of 5/15/07 vacated and reset for 8/7/2007 02:00 PM in Courtroom 11, 19th Floor, San Francisco. Joint Status Statement due 10 days prior to conference. Signed by Judge Martin J. Jenkins on 5/14/07. (epb, COURT STAFF) (Filed on 5/14/2007) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

RECAP
49

NOTICE of Change In Counsel by Jeanne Finberg (Finberg, Jeanne) (Filed on 6/14/2007) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
50

STATUS REPORT (FILED JOINTLY) by Michael Astrue, Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Social Security Administration, Tammy Renee Cooper. (Russell, Wondie) (Filed on 7/23/2007) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

PACER
51

ORDER re 50 Status Report Status Conference of 8/7/07 VACATED and reset for 2/5/2008 02:00 PM in Courtroom 11, 19th Floor, San Francisco. Joint Status Report due 1/29/08. Signed by Judge Martin J. Jenkins on 8/2/07. (epb, COURT STAFF) (Filed on 8/2/2007) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

RECAP
52

STATUS REPORT Joint Status Report by Michael Astrue, Social Security Administration. (La Morte, Tara) (Filed on 1/29/2008) (Entered: 01/29/2008)

Jan. 29, 2008

Jan. 29, 2008

PACER
53

CLERK'S NOTICE VACATING Status Conference. (mat, COURT STAFF) (Filed on 1/31/2008) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
54

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William H. Alsup for all further proceedings. Judge Hon. Martin J. Jenkins no longer assigned to case. (sis, COURT STAFF) (Filed on 2/15/2008) (Entered: 02/20/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
55

CLERK'S NOTICE Scheduling CMC on Reassignment. Case Management Conference set for 2/28/2008 10:00 AM. Case Management Statement due by 2/26/2008. (dt, COURT STAFF) (Filed on 2/20/2008) Modified on 2/20/2008 (dt, COURT STAFF). (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
56

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 55 Clerk's Notice. Signed by Judge William Alsup on 1/7/08. (dt, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

RECAP
57

CASE MANAGEMENT STATEMENT filed by Michael Astrue, Social Security Administration. (La Morte, Tara) (Filed on 2/26/2008) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

PACER
58

Minute Entry: Initial Case Management Conference held on 2/28/2008 before William Alsup (Date Filed: 2/28/2008), CASE REFERRED to Magistrate Judge Chen for Mediation/Settlement Conference. Pretrial Conference set for 3/30/2009 02:00 PM. Motion to Dismiss Hearing set for 4/10/2008 08:00 AM. Bench Trial set for 4/13/2009 07:30 AM. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Date Filed: 2/28/2008) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

PACER
59

CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Edward M. Chen for Mediation/Settlement. Pretrial Conference set for 3/30/2009 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Motions due by 2/5/2009. Discovery due by 12/31/2008. Bench Trial set for 4/13/2009 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 2/28/2008. (whasec, COURT STAFF) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

PACER
60

NOTICE of Substitution of Counsel by Peter J. Crosby, IV (Crosby, Peter) (Filed on 3/3/2008) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

PACER
61

MOTION to Dismiss for Lack of Jurisdiction filed by Michael Astrue, Social Security Administration. Motion Hearing set for 4/10/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (La Morte, Tara) (Filed on 3/6/2008) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

PACER
62

MOTION to Dismiss For Failure to State a Claim filed by Michael Astrue, Social Security Administration. Motion Hearing set for 4/10/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (La Morte, Tara) (Filed on 3/6/2008) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

PACER
63

ORDER - Notice of Settlement Conference and Settlement Conference Order. Settlement Conference set for 9/16/2008 09:30 AM. Signed by Magistrate Judge Edward M. Chen on 3/17/2008. (emcsec, COURT STAFF) (Filed on 3/17/2008) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

RECAP
64

Memorandum in Opposition 62 to Defendants' Motion to Dismiss Under Rule 12(b)(6) of the Federal Rules of Civil Procedure filed byScarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 3/20/2008) Modified on 3/21/2008 (sis, COURT STAFF). (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
65

Memorandum in Opposition 61 to Defendants' 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction filed byScarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 3/20/2008) Modified on 3/21/2008 (sis, COURT STAFF). (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
66

Request for Judicial Notice re 64 Memorandum in Opposition, 65 Memorandum in Opposition, filed byScarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Related document(s) 64, 65 ) (Russell, Wondie) (Filed on 3/20/2008) (Entered: 03/20/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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March 20, 2008

March 20, 2008

PACER
67

Declaration of Kathleen L. Wilde in Support of 64 Memorandum in Opposition, to Defendants' 12(b)(6) Motion to Dismiss for Lack of Subject Matter Jurisdiction filed byScarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 64 ) (Russell, Wondie) (Filed on 3/20/2008) (Entered: 03/20/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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March 20, 2008

March 20, 2008

PACER
68

Proposed Order re 65 Memorandum in Opposition, to Defendants' 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 3/20/2008) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
69

Proposed Order re 64 Memorandum in Opposition, to Defendants' Motion to Dismiss Under Rule 12(b)(6) of the Federal Rules of Civil Procedure by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 3/20/2008) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

PACER
70

Reply Memorandum re 61 MOTION to Dismiss for Lack of Jurisdiction filed byMichael Astrue, Social Security Administration. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(La Morte, Tara) (Filed on 3/27/2008) (Entered: 03/27/2008)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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March 27, 2008

March 27, 2008

PACER
71

Reply Memorandum re 62 MOTION to Dismiss For Failure to State a Claim filed byMichael Astrue, Social Security Administration. (Attachments: # 1 Exhibit 1)(La Morte, Tara) (Filed on 3/27/2008) (Entered: 03/27/2008)

1 Exhibit 1

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March 27, 2008

March 27, 2008

PACER
72

NOTICE of Appearance by Wondie Russell Additional Counsel for Plaintiffs American Council of The Blind Et Al. (Esta L. Brand, Jacob Foster) (Russell, Wondie) (Filed on 4/7/2008) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
73

MOTION to Strike Plaintiffs' Evidentiary Objections and Motion to Strike or, In the Alternative, For Leave to File a Memorandum in Opposition to Defendants' New Reply Evidence filed by American Council of the Blind. Motion Hearing set for 4/10/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Appendix A)(Russell, Wondie) (Filed on 4/7/2008) (Entered: 04/07/2008)

1 Appendix A

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April 7, 2008

April 7, 2008

PACER
74

Proposed Order re 73 MOTION to Strike Plaintiffs' Evidentiary Objections and Motion to Strike or, In the Alternative, For Leave to File a Memorandum in Opposition to Defendants' New Reply Evidence Submitted in Support of Defendants' Motions to Dismiss Based on Federal Rule 12(B)(6) and for Lack of Subject Matter Jurisdiction by American Council of the Blind. (Attachments: # 1 Appendix A)(Russell, Wondie) (Filed on 4/7/2008) (Entered: 04/07/2008)

1 Appendix A

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April 7, 2008

April 7, 2008

PACER
75

Proposed Order re 73 MOTION to Strike Plaintiffs' Evidentiary Objections and Motion to Strike or, In the Alternative, For Leave to File a Memorandum in Opposition to Defendants' New Reply Evidence Granting Leave to File Memorandum in Opposition to the New Reply Evidence Submitted in Support of Defendants' Motion to Dismiss Based on Federal Rule 12(B)(6) and for lack of Subject Matter Jurisdiction by American Council of the Blind. (Russell, Wondie) (Filed on 4/7/2008) (Entered: 04/07/2008)

April 7, 2008

April 7, 2008

PACER
76

Memorandum in Opposition re 73 MOTION to Strike Plaintiffs' Evidentiary Objections and Motion to Strike or, In the Alternative, For Leave to File a Memorandum in Opposition to Defendants' New Reply Evidence filed byMichael Astrue, Social Security Administration. (Attachments: # 1 Exhibit A)(La Morte, Tara) (Filed on 4/8/2008) (Entered: 04/08/2008)

1 Exhibit A

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April 8, 2008

April 8, 2008

PACER
77

Minute Entry: Motion Hearing held on 4/10/2008 before William Alsup (Date Filed: 4/10/2008) re 62 MOTION to Dismiss filed by Social Security Administration, Michael Astrue, 73 MOTION to Strike Plaintiffs' Evidentiary Objections and Motion to Strike or, In the Alternative, For Leave to File a Memorandum in Opposition to Defendants' New Reply Evidence filed by American Council of the Blind, 61 MOTION to Dismiss for Lack of Jurisdiction filed by Social Security Administration, Michael Astrue. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Date Filed: 4/10/2008) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
78

ORDER: (1) DENYING MOTIONS TO DISMISS IN PART AND (2) REQUESTING FURTHER BRIFING by Judge William Alsup [denying 61 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 62 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 4/23/2008) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

RECAP
79

TRANSCRIPT for proceedings held on 04/10/08 before Judge William Alsup. Court Reporter Joan Columbini. (sis, COURT STAFF) (Filed on 5/2/2008) (Entered: 05/05/2008)

May 2, 2008

May 2, 2008

PACER
80

Brief (Memorandum) re Options for Proceeding Following April 23, 2008 Order Denying Motions to Dismiss filed byScarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 5/7/2008) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

PACER
81

Brief Regarding How Litigation Should Proceed filed byMichael Astrue, Social Security Administration. (La Morte, Tara) (Filed on 5/7/2008) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

PACER
82

Defendants' ANSWER to Amended Complaint byMichael Astrue, Social Security Administration. (La Morte, Tara) (Filed on 5/7/2008) (Entered: 05/07/2008)

May 7, 2008

May 7, 2008

PACER
83

ORDER DENYING RULE 12(b)(6) MOTION TO DISMISS [re 62 MOTION to Dismiss For Failure to State a Claim filed by Social Security Administration]. Signed by Judge William Alsup on 5/13/2008. (whasec, COURT STAFF) (Filed on 5/13/2008) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

RECAP
84

ORDER RE PROPER COURSE OF FUTURE PROCEEDINGS ]re 78 Order on Motion to Dismiss/Lack of Jurisdiction]. Signed by Judge William Alsup on 5/13/2008. (whasec, COURT STAFF) (Filed on 5/13/2008) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

RECAP
85

MOTION to Amend/Correct Notice of Motion and Motion for Leave to File Second Amended Complaint Adding Two New Plaintiffs filed by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. Motion Hearing set for 7/18/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Russell, Wondie) (Filed on 6/12/2008) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
86

Proposed Order 85 Granting Leave to File Second Amended Complaint by Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Russell, Wondie) (Filed on 6/12/2008) Modified on 6/13/2008 (sis, COURT STAFF). (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
87

Declaration of Wondie Russell 85 In Support of Plaintiffs' Motion for Leave to File Second Amended Complaint Adding Two New Plaintiffs filed byScarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit 1 to Declaration of Wondie Russell in Support of Plaintiffs' Motion For Leave to File Second Amended Complaint Adding Two New Plaintiffs, # 2 Exhibit 2 to Wondie Russell Declaration in Support of Motion to File 2nd Amended Complaint, # 3 Exhibit 3 to Wondie Russell Declaration in Support of Motion to File 2nd Amended Complaint, # 4 Exhibit 4 to Wondie Russell Declaration in Support of Motion to File 2nd Amended Complaint)(Russell, Wondie) (Filed on 6/12/2008) Modified on 6/13/2008 (sis, COURT STAFF). (Entered: 06/12/2008)

1 Exhibit 1 to Declaration of Wondie Russell in Support of Plaintiffs' Motion

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2 Exhibit 2 to Wondie Russell Declaration in Support of Motion to File 2nd Amended

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3 Exhibit 3 to Wondie Russell Declaration in Support of Motion to File 2nd Amended

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4 Exhibit 4 to Wondie Russell Declaration in Support of Motion to File 2nd Amended

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June 12, 2008

June 12, 2008

PACER
88

NOTICE of Appearance by Wondie Russell Additional Counsel for Plaintiffs (Russell, Wondie) (Filed on 6/13/2008) (Entered: 06/13/2008)

June 13, 2008

June 13, 2008

PACER
89

ORDER by Judge Alsup granting 85 Motion to Amend/Correct ; (whalc1, COURT STAFF) (Filed on 6/16/2008) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

RECAP
90

STIPULATION re 63 Order, Set Hearings Requesting Rescheduling of Settlement Conference by Michael J. Astrue, Social Security Administration. (La Morte, Tara) (Filed on 6/16/2008) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER
91

NOTICE of Appearance by Scott Risner for Defendants (Risner, Scott) (Filed on 6/16/2008) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

PACER
92

ORDER - Joint Stipulation 90 Requesting Rescheduling of Settlement Conference and Order. Settlement Conference set for 9/16/2008 09:30 AM has been changed to 8/14/2008 09:30 AM. Signed by Magistrate Judge Edward M. Chen on 6/16/2008. (emcsec, COURT STAFF) (Filed on 6/16/2008) (Entered: 06/16/2008)

June 16, 2008

June 16, 2008

RECAP
93

AMENDED COMPLAINT Second Amended Complaint for Declaratory and Injunctive Relief against Michael J. Astrue, Social Security Administration. Filed byMary Ann Alexander, Laura M. Russell, Scarlett Miles, Dorothy Jackson, Marvelena Quesada, Arlene Doherty, American Council of the Blind, Alice Marjorie Donovan, Billie Jean Keith, George P. Smith, Tammy Renee Cooper. (Attachments: # 1 Exhibit 1 to Second Amended Complaint for Declaratory and Injunctive Relief, # 2 Exhibit 2 to Second Amended Complaint for Declaratory and Injunctive Relief, # 3 Exhibit 3 to Second Amended Complaint for Declaratory and Injunctive Relief, # 4 Exhibit 4 to Second Amended Complaint for Declaratory and Injunctive Relief, # 5 Exhibit 5 to Second Amended Complaint for Declaratory and Injunctive Relief)(Russell, Wondie) (Filed on 6/18/2008) (Entered: 06/18/2008)

1 Exhibit 1 to Second Amended Complaint for Declaratory and Injunctive Relief

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2 Exhibit 2 to Second Amended Complaint for Declaratory and Injunctive Relief

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3 Exhibit 3 to Second Amended Complaint for Declaratory and Injunctive Relief

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4 Exhibit 4 to Second Amended Complaint for Declaratory and Injunctive Relief

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5 Exhibit 5 to Second Amended Complaint for Declaratory and Injunctive Relief

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June 18, 2008

June 18, 2008

PACER
94

STIPULATION Extending Deadline to Respond to Second Amended Complaint by Michael J. Astrue, Social Security Administration. (Risner, Scott) (Filed on 6/30/2008) (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER
95

STIPULATION AND ORDER EXTENDING DEADLINE TO RESPOND TO SECOND AMENDED COMPLAINT. Signed by Judge Alsup on July 1, 2008. (whalc1, COURT STAFF) (Filed on 7/1/2008) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

RECAP
96

ANSWER to Amended Complaint 93 (Second) byMichael J. Astrue, Social Security Administration. (La Morte, Tara) (Filed on 7/17/2008) Modified on 7/18/2008 (sis, COURT STAFF). (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
97

MOTION to Certify Class : PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMO. OF POINTS & AUTHORITIES IN SUPPORT filed by American Council of the Blind. Motion Hearing set for 9/4/2008 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Mayerson, Arlene) (Filed on 7/24/2008) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

RECAP
98

Declaration of MAYERSON, Arlene B. in Support of 97 MOTION to Certify Class : PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMO. OF POINTS & AUTHORITIES IN SUPPORT : MAYERSON DECL. ISO PLAINTIFFS MOTION FOR CLASS CERTIFICATION, with EXHIBIT filed byAmerican Council of the Blind. (Related document(s) 97 ) (Mayerson, Arlene) (Filed on 7/24/2008) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

PACER
99

Declaration of RUSSELL, Wondie in Support of 97 MOTION to Certify Class : PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMO. OF POINTS & AUTHORITIES IN SUPPORT : RUSSELL DECL. ISO PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed byAmerican Council of the Blind. (Related document(s) 97 ) (Mayerson, Arlene) (Filed on 7/24/2008) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

PACER
100

Declaration of McINTYRE, Gerald A. in Support of 97 MOTION to Certify Class : PLAINTIFFS NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMO. OF POINTS & AUTHORITIES IN SUPPORT : McINTYRE DECL. ISO PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed byAmerican Council of the Blind. (Related document(s) 97 ) (Mayerson, Arlene) (Filed on 7/24/2008) (Entered: 07/24/2008)

July 24, 2008

July 24, 2008

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 16, 2005

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Recipients of Supplemental Social Security Income payments from Social Security whose visual impairment substantially limits their ability to see such that they need materials to be in an accessible format in order to participate in these programs.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Social Security Administration, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2010 - 2011

Content of Injunction:

Discrimination Prohibition

Reasonable Accommodation

Reporting

Issues

General:

Access to public accommodations - governmental

Government Services

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Benefit Source:

SSDI

SSI