Case: Ault v. Walt Disney World Co.

6:07-cv-01785 | U.S. District Court for the Middle District of Florida

Filed Date: Nov. 9, 2007

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 9, 2007, three named plaintiffs with mobility impairments limiting their ability to walk filed this class action against Walt Disney World. They requested certification of a class of individuals who 1) suffered from a mobility disability, 2) relied upon a Segway PT for assistance with their mobility, and 3) had visited or intended to visit a Disney theme park. They brought suit in the United States District Court for the Middle District of Florida, alleging that Disney’s policy agai…

On November 9, 2007, three named plaintiffs with mobility impairments limiting their ability to walk filed this class action against Walt Disney World. They requested certification of a class of individuals who 1) suffered from a mobility disability, 2) relied upon a Segway PT for assistance with their mobility, and 3) had visited or intended to visit a Disney theme park. They brought suit in the United States District Court for the Middle District of Florida, alleging that Disney’s policy against allowing Segway PT two-wheeled, self-balancing vehicles into the Disney World Resort was discrimination in violation of Title III of the Americans with Disabilities Act (ADA).

The plaintiffs argued that an estimated 4,000 to 7,000 individuals with disabilities within the United States relied on Segways for mobility. Disney offered rental wheelchairs and power scooters at an additional expense, but no mobility devices that permitted the user to ride upright. The plaintiffs alleged that the option to rent a seated mobility device was inadequate for three reasons: 1) it cost the plaintiffs an additional expense, 2) wheelchair users were permitted to bring in their own mobility devices, and 3) a standing position was safer. The plaintiffs sought a permanent injunction to discontinue the policy and require Disney to allow the use of Segway PT devices by guests with disabilities . They also asked for a declaratory judgment that the prohibition violated Title III of the ADA as well as for attorneys' fees and costs.

On February 20, 2008 the court (J. Gregory A. Presnell) dismissed the suit on a motion from the defendant. The court held that under the initial complaint, the plaintiffs lacked standing because by failing to show concrete plans for future visits to Disney World, they could not show that they would experience future discrimination. The order gave the plaintiffs leave to file an amended complaint. Ault v. Walt Disney World Co., 2008 WL 490581. The plaintiffs refiled on April 1, 2008.

On December 26, 2008, the parties filed a simultaneous Joint Motion for Conditional Class Certification and for Preliminary Approval of Joint Stipulation of Settlement. 2008 WL 5452909. The plaintiff submitted a Second Amended Complaint on the same day to expand the complaint to explicitly include the Disneyland Resort in California—an addition that the proposed settlement hinged on. On January 5, 2009, Judge Presnell granted these motions, conditional on the outcome of a fairness hearing. Ault v. Walt Disney World Co., 254 F.R.D. 680 (M.D. Fla. 2009).

However, on October 6, 2009, the court vacated the order that had conditionally certified the class, preliminarily approved the settlement, and dismissed the Second Amended Complaint. The court found that the evidence showed that the plaintiffs still lacked standing to represent and bind the class of Segway users with disabilities, specifically because many of them would not accept the settlement terms. The court quoted two objectors in particular, who rejected the terms of the settlement because the alternative four-wheeled device Disney proposed to provide resembled a scooter and would make their disabilities more obvious. The objectors argued that the proposed settlement actually increased stigmatization. Ault v. Walt Disney World Co., 2009 WL 3242028 (M.D. Fla. Oct. 6).

The plaintiffs appealed this decision, and on December 14, 2010, the federal Court of Appeals (Judges Charles R. Wilson, William H. Pryor, and R. Lanier Anderson) for the Eleventh Circuit vacated the district court's dismissal and remanded. The Court of Appeals found that the named plaintiffs did have standing as representatives of the proposed class. The appellate court reinstated the December 26, 2008 motions and the Second Amended Complaint. Ault v. Walt Disney World Co., 405 F. App'x 401 (11th Cir. 2010).

On remand, the court issued an order approving the Class Action Settlement, and on April 25, 2011, the court issued a final judgment approving the settlement. Disney agreed to develop its own four-wheeled electric vehicle operated by a standing rider and to provide at least fifteen of these devices at the Disney Resorts. Disney also agreed to pay each of the three named plaintiffs $4,000 and to allow the named plaintiff's complimentary use of the special electric vehicles during one visit to Disney World.

The court-approved settlement awarded attorneys' fees and costs totaling $60,000 to the firms representing two of the named plaintiffs. The third named plaintiff's attorneys were awarded $40,000 in a separate order.

On April 29, 2011, the objectors appealed the approval of the settlement and the grant of final judgment, claiming that the plaintiffs were not sufficiently representative of the class. The Eleventh Circuit (Judge Joel F. Dubina) denied this appeal in an opinion dated August 30, 2012, holding that the District Court did not abuse its discretion in certifying the class and approving the settlement. Ault v. Walt Disney World Co., 692 F.3d 1212 (11th Cir. 2012). The objectors sought review from the Supreme Court but were denied in 2013. Miller v. Walt Disney World Co., 569 U.S. 918 (2013).

Disney introduced its Electric Standing Vehicles on May 2, 2013, charging a daily rental fee. The case is now closed.

Summary Authors

Alex Colbert-Taylor (5/31/2013)

Elizabeth Johnson (2/18/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4225294/parties/ault-v-walt-disney-world-co/


Judge(s)

Alarcón, Arthur Lawrence (California)

Anderson, Robert Lanier III (Georgia)

Dubina, Joel Fredrick (Alabama)

Jordan, Adalberto Jose (Florida)

Presnell, Gregory A. (Florida)

Pryor, William Holcombe Jr. (Alabama)

Spaulding, Karla R. (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Baker, John A. (Illinois)

Dempsey, Bernard H Jr. (Florida)

Judge(s)

Alarcón, Arthur Lawrence (California)

Anderson, Robert Lanier III (Georgia)

Dubina, Joel Fredrick (Alabama)

Jordan, Adalberto Jose (Florida)

Presnell, Gregory A. (Florida)

Pryor, William Holcombe Jr. (Alabama)

Spaulding, Karla R. (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Baker, John A. (Illinois)

Dempsey, Bernard H Jr. (Florida)

Johnson, Nancy A. (Florida)

Krajewski, J. Phillip (Illinois)

Medley, Jason M. (Texas)

Attorneys(s) for Defendant

Kushner, Manuel (Florida)

Scanlon, Kerry Alan (District of Columbia)

White, Jeremy M. (District of Columbia)

Other Attorney(s)

Albritton, A. Brian (Florida)

Bates, Aaron C. (Florida)

Breen, Philip L. (District of Columbia)

Feltman, Jefferey M. (Illinois)

Ferleger, David (Pennsylvania)

Geffen, David Grant (California)

Harrell, Brant (Tennessee)

Jacobs, Gretchen E. (District of Columbia)

Kent, Russel S. (Florida)

King, Loretta (District of Columbia)

McCollum, Bill (Florida)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 2, 2013 Docket
1

Complaint

Nov. 9, 2007 Complaint
41

Order [Dismissing Complaint]

2008 WL 490581

Feb. 20, 2008 Order/Opinion
52

Order [Denying Motion to Dismiss Amended Complaint]

2008 WL 2047930

May 13, 2008 Order/Opinion
80

Order [Denying Motion to Amend First Amended Complaint]

Dec. 12, 2008 Order/Opinion
82

Joint Motion for Conditional Class Certification and Preliminary Approval of Joint Stipulation of Settlement and Release

2008 WL 5452909

Dec. 26, 2008 Pleading / Motion / Brief
82-3

Notice of Class Action Settlement and Hearing

Dec. 26, 2008 Order/Opinion
81-2

Second Amended Complaint

Dec. 26, 2008 Complaint
82-2

Joint Stipulation of Settlement and Release

Dec. 26, 2008 Settlement Agreement
83

Order [Granting Motion to Amend Complaint and Granting Motion to Certify Class]

254 F.R.D. 680

Jan. 5, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4225294/ault-v-walt-disney-world-co/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Walt Disney World Co. filed pursuant to the Americans with Disabilities Act; jury demand (Filing fee $350 - receipt number 26063) (RDO) (Entered: 11/09/2007)

Nov. 9, 2007 RECAP
2

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/26/2007 Signed by Judge Gregory A. Presnell on 11/14/2007. (copies mailed/emailed)(AKJ) (Entered: 11/14/2007)

Nov. 14, 2007 PACER
3

INTERESTED PERSONS ORDER for Plaintiffs. Certificate of interested persons and corporate disclosure statement due by 11/26/2007 Signed by Judge Gregory A. Presnell on 11/14/2007. (counsel emailed)(AKJ) (Entered: 11/14/2007)

Nov. 14, 2007 PACER
4

CERTIFICATE of interested persons and corporate disclosure statement re 3 Interested persons order by Mahala Ault, Stacie Rhea, Dan Wallace. (Dempsey, Bernard) (Entered: 11/21/2007)

Nov. 21, 2007 PACER
5

NOTICE of pendency of related cases re 2 order of compliance to Local Rule by Mahala Ault, Stacie Rhea, Dan Wallace. Related case(s): y (Dempsey, Bernard) (Entered: 11/21/2007)

Nov. 21, 2007 PACER
6

MOTION for Permission to Begin the Discovery Process Prior to Case Management Meeting by Mahala Ault, Stacie Rhea, Dan Wallace. (Dempsey, Bernard) (Entered: 11/21/2007)

Nov. 21, 2007 PACER
7

ORDER denying 6 Motion to begin discovery before case management conference. Signed by Magistrate Judge Karla R. Spaulding on 11/23/2007. (Spaulding, Karla) (Entered: 11/23/2007)

Nov. 23, 2007 PACER
8

MOTION for John A. Baker to appear pro hac vice by Dan Wallace. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 11/29/2007)

Nov. 29, 2007 PACER
9

MOTION for J. Phillip Krajewski to appear pro hac vice by Dan Wallace. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 11/29/2007)

Nov. 29, 2007 PACER
10

ORDER granting 8 motion to appear pro hac vice; granting 9 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 11/29/2007. (JL) (Entered: 11/29/2007)

Nov. 29, 2007 PACER
11

WAIVER OF SERVICE returned executed by Mahala Ault. Waiver of Service sent on 11/14/07 as to Walt Disney World Co.. (Dempsey, Bernard) (Entered: 12/05/2007)

Dec. 5, 2007 PACER
12

MOTION for Jason M. Medley to appear pro hac vice by Stacie Rhea. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 12/26/2007)

Dec. 26, 2007 PACER
13

ORDER granting 12 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 12/27/2007. (JL) (Entered: 12/27/2007)

Dec. 27, 2007 PACER
14

MOTION for extension of time to file answer or otherwise plead re 1 Complaint by Walt Disney World Co.. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 01/02/2008)

Jan. 2, 2008 PACER
15

ENDORSED ORDER granting 14 Motion for extension of time to answer or respond. Walt Disney World Co. answer due 1/22/2008. Signed by Judge Gregory A. Presnell on 1/3/2008. (AEB) (Entered: 01/03/2008)

Jan. 3, 2008 PACER
16

INTERESTED PERSONS ORDER for Defendant. Certificate of interested persons and corporate disclosure statement due by 1/14/2008 Signed by Judge Gregory A. Presnell on 1/3/2008. (copies mailed/emailed)(AKJ) (Entered: 01/03/2008)

Jan. 3, 2008 PACER
17

CERTIFICATE of interested persons and corporate disclosure statement re 16 Interested persons order by Walt Disney World Co.. (Kushner, Manuel) (Entered: 01/14/2008)

Jan. 14, 2008 PACER
18

MOTION for Jeremy White to appear pro hac vice by Walt Disney World Co.. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 01/15/2008)

Jan. 14, 2008 PACER
19

ORDER denying without prejudice 18 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 1/15/2008. (BJP) (Entered: 01/15/2008)

Jan. 15, 2008 PACER
20

MOTION to dismiss and Memorandum of Law in Support Thereof by Walt Disney World Co.. (Kushner, Manuel) (Entered: 01/22/2008)

Jan. 22, 2008 PACER
21

Unopposed MOTION to Appear Telephonically for Case Management Conference by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 01/22/2008)

Jan. 22, 2008 PACER
22

ORDER granting 21 Motion to Appear Telephonically at Case Management Conference. Signed by Magistrate Judge Karla R. Spaulding on 1/23/2008. (BJP) (Entered: 01/23/2008)

Jan. 23, 2008 PACER
23

MOTION for Jeremy White to appear pro hac vice by Walt Disney World Co. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. **SPECIAL ADMISSIONS FORM SUBMITTED & FEE PAID ON 1/14/08** (IGC). (Entered: 02/01/2008)

Feb. 1, 2008 PACER
24

ORDER denying without prejudice 23 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 2/1/2008. (BJP) (Entered: 02/01/2008)

Feb. 1, 2008 PACER
25

MOTION for Kerry Scanlon to appear pro hac vice by Walt Disney World Co.. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. (Additional attachment(s) added on 2/5/2008: # 1 APPEARANCE of non-resident counsel and designation of local counsel) (IGC). (Entered: 02/05/2008)

2 APPEARANCE of non-resident counsel and designation of local counsel

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Feb. 5, 2008 PACER
26

Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to dismiss and Memorandum of Law in Support Thereof by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 02/05/2008)

Feb. 5, 2008 PACER
27

ENDORSED ORDER granting 26 Motion for Extension of Time to File Response/Reply re 20 MOTION to dismiss and Memorandum of Law in Support Thereof. Because Feb. 18th is a Federal holiday, the response will be due by 2/19/2008. Signed by Judge Gregory A. Presnell on 2/6/2008. (AEB) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
28

ORDER granting 25 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 2/6/2008. (BJP) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
29

Amended MOTION for Jeremy White to appear pro hac vice by Walt Disney World Co. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. **SPECIAL ADMISSIONS FORM SUBMITTED & FEE PAID ON 1/14/08** (IGC). (Entered: 02/06/2008)

Feb. 6, 2008 PACER
30

MOTION to Redesignate as a Track Three Case by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
31

Emergency MOTION to extend time to File Class Certification Motion by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
32

NOTICE of Hearing on Motion 31 Emergency MOTION to extend time to File Class Certification Motion, 30 MOTION to Redesignate as a Track Three Case : Motion Hearing set for 2/7/2008 at 02:30 PM in Courtroom 5 A before Judge Gregory A. Presnell. (AEB) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
33

MOTION to Appear Telephonically for Hearing Scheduled today, February 7, 2008 at 2:30pm by Dan Wallace. (Baker, John) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 02/07/2008)

Feb. 7, 2008 PACER
34

ORDER granting 33 Motion to Appear Telephonically. Signed by Judge Gregory A. Presnell on 2/7/2008. All parties wishing to appear by phone shall gather on a conference call and make a single phone call to 407-835-3832 at least 5 minutes prior to the time of the hearing. (AEB) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
35

ORDER granting 29 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 2/7/2008. (BJP) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
36

MEMORANDUM in opposition re 31 Motion to extend time to file Their Motion for Class Certification filed by Walt Disney World Co.. (Kushner, Manuel) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
37

Minute Entry. Proceedings held before Judge Gregory A. Presnell: Motion Hearing held on 2/7/2008 re 31 Emergency MOTION to extend time to File Class Certification Motion filed by Mahala Ault, Dan Wallace, Stacie Rhea, 30 MOTION to Redesignate as a Track Three Case filed by Mahala Ault, Dan Wallace, Stacie Rhea. Court denies motion to redesignate and grants motion to extend time as stated in open court. Written order to follow. Court Reporter: Diane Peede (AKJ) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
38

ENDORSED ORDER denying without prejudice 30 Motion for re-designation. Signed by Judge Gregory A. Presnell on 2/8/2008. (AEB) (Entered: 02/08/2008)

Feb. 8, 2008 PACER
39

ORDER granting 31 Motion to extend time. Signed by Judge Gregory A. Presnell on 2/8/2008. Plaintiffs' Motion for Class Certification is due on May 30, 2008. Parties may begin discovery related to class certification on Monday February 11, 2008. Defendant's response to the Motion for Class Certification will be due thirty days after the motion is filed. (AEB) (Entered: 02/08/2008)

Feb. 8, 2008 PACER
40

MEMORANDUM in opposition re 20 Motion to dismiss filed by Mahala Ault, Stacie Rhea, Dan Wallace. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Baker, John) (Entered: 02/19/2008)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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Feb. 19, 2008 PACER
41

ORDER granting 20 Motion to dismiss. Signed by Judge Gregory A. Presnell on 2/20/2008. Plaintiffs shall have leave to file an amended complaint within 10 days of this Order. (AEB) (Entered: 02/20/2008)

Feb. 20, 2008 RECAP
42

CASE MANAGEMENT REPORT. (Johnson, Nancy) (Entered: 03/03/2008)

March 3, 2008 PACER
43

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 3/4/2008. (TKW) (Entered: 03/04/2008)

March 4, 2008 PACER
44

MOTION TO ADD SUPPLEMENTAL FACTS TO THEIR AMENDED COMPLAINT PURSUANT TO RULE 15(d) by Mahala Ault, Stacie Rhea, Dan Wallace. (Attachments: # 1 Exhibit A)(Johnson, Nancy) (Entered: 03/05/2008)

2 Exhibit A

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March 5, 2008 PACER
45

AGREED MOTION to stay discovery pending decision on preliminary motions by Mahala Ault. (Johnson, Nancy) Motions referred to Magistrate Judge Karla R. Spaulding. (Text modified on 3/12/2008) (RDO). (Entered: 03/11/2008)

March 11, 2008 PACER
46

ORDER granting 45 Motion to stay discovery. Signed by Judge Gregory A. Presnell on 3/12/2008. Class-related discovery shall be STAYED for 30 days. Plaintiffs' Motion for Class Certification shall be due on June 30, 2008 and Defendant's response will be due 30 days after the motion is filed. (AEB) (Entered: 03/12/2008)

March 12, 2008 PACER
47

MEMORANDUM in opposition re 44 Motion for miscellaneous relief filed by Walt Disney World Co.. (White, Jeremy) (Entered: 03/24/2008)

March 24, 2008 PACER
48

ORDER granting 44 Motion to file a supplemental pleading. Signed by Judge Gregory A. Presnell on 3/25/2008. Plaintiffs shall file the Supplemental Pleading within 5 days of this Order and Defendant shall respond to that complaint within 30 days of it being filed. (AEB) (Entered: 03/25/2008)

March 25, 2008 PACER
49

AMENDED COMPLAINT against Walt Disney World Co. filed by Mahala Ault, Stacie Rhea, Dan Wallace.(Dempsey, Bernard) (Entered: 04/01/2008)

April 1, 2008 RECAP
50

MOTION to dismiss First Amended Complaint and Memorandum of Law in Support Thereof by Walt Disney World Co.. (White, Jeremy) (Entered: 05/01/2008)

May 1, 2008 PACER
51

MEMORANDUM in opposition re 50 Motion to dismiss filed by Mahala Ault, Stacie Rhea, Dan Wallace. (Baker, John) (Entered: 05/12/2008)

May 12, 2008 PACER
52

ORDER denying 50 Motion to dismiss. Signed by Judge Gregory A. Presnell on 5/13/2008. (AEB) (Entered: 05/13/2008)

May 13, 2008 RECAP
53

ANSWER and affirmative defenses to 49 Amended complaint by Walt Disney World Co..(White, Jeremy) (Entered: 05/28/2008)

May 28, 2008 PACER
54

Unopposed MOTION TO POSTPONE FOR ONE WEEK THE FILING OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND WORLDCO'S RESPONSE THERETO by all plaintiffs. (Dempsey, Bernard) (Entered: 06/16/2008)

June 16, 2008 PACER
55

ENDORSED ORDER granting 54 Motion for extension of time. Signed by Judge Gregory A. Presnell on 6/17/2008. Plaintiffs' Motion for Class Certification is due on July 7, 2008 and Defendant's Response thereto is due on August 7, 2008. (AEB) (Entered: 06/17/2008)

June 17, 2008 PACER
56

MOTION to Intervene/for Recusal/for Preliminary Injunction/for Temorary Restraining Order by Jonathan Lee Riches. (RDO) (Entered: 06/30/2008)

June 30, 2008 PACER
57

ENDORSED ORDER denying as frivolous 56 Motion to intervene/Motion for Preliminary Injunction/Motion for Temporary Restraining Order/Motion for Recusal. Signed by Judge Gregory A. Presnell on 6/30/2008. (AEB) (Entered: 06/30/2008)

June 30, 2008 PACER
58

MOTION for Extension of Time to File Plaintiffs' Motion for Class Certification by Dan Wallace. (Baker, John) (Entered: 07/03/2008)

July 3, 2008 PACER
59

ENDORSED ORDER granting 58 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 7/3/2008. (ED) (Entered: 07/03/2008)

July 3, 2008 PACER
60

MOTION for Extension of Time to File Motion for Class Certification and Worldco's Opposition Thereto by all parties. (Baker, John) (Entered: 07/07/2008)

July 7, 2008 PACER
61

ENDORSED ORDER granting 60 Motion for Extension of Time to File. Motion for class certification due August 29, 2008; opposition to that motion due September 30, 2008. No further extensions of these deadlines will be granted. Signed by Judge Gregory A. Presnell on 7/8/2008. (ED) (Entered: 07/08/2008)

July 8, 2008 PACER
62

ORDER TO SHOW CAUSE as to Jonathan Lee Riches why sanctions should not be imposed for filing of frivolous motions to intervene. Show Cause Response due by 8/11/2008 Signed by Judge Gregory A. Presnell on 7/9/2008. (ED) (Entered: 07/09/2008)

July 9, 2008 PACER
63

NOTICE OF APPEAL by Jonathan Lee Riches as to 57 Order to Intervene. Filing fee not paid. (VEF) Modified on 8/4/2008 (VEF). (Entered: 08/04/2008)

Aug. 1, 2008 PACER

TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 63 Notice of appeal. (VEF)

Aug. 4, 2008 PACER

ACKNOWLEDGMENT by USCA of receiving initial appeal package on 8/8/08 re 63 Notice of appeal. USCA number: 08-14480-F. (VEF)

Aug. 13, 2008 PACER
64

MOTION for Extension of Time to File Class Certification Motion by all parties. (Baker, John) (Entered: 08/28/2008)

Aug. 28, 2008 PACER
65

ORDER denying 64 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 8/29/2008. (AEB) (Entered: 08/29/2008)

Aug. 29, 2008 PACER
66

MOTION to certify class by all plaintiffs. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 1c, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Baker, John) (Entered: 08/29/2008)

2 Exhibit 1a

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3 Exhibit 1b

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4 Exhibit 1c

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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Aug. 29, 2008 PACER
67

NOTICE by Mahala Ault of Filing Affidavit of Bernard H. Dempsey, Jr., Esquire (Attachments: # 1 Affidavit of Bernard H. Dempsey, Jr.)(Dempsey, Bernard) Text modified on 9/2/2008 (RDO). (Entered: 08/29/2008)

2 Affidavit Bernard H. Dempsey, Jr.'s Affidavit

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Aug. 29, 2008 PACER
68

NOTICE by Mahala Ault of Filing Affidavit (Attachments: # 1 Affidavit of Dan Ault)(Dempsey, Bernard) Text modified on 9/2/2008 (RDO). (Entered: 08/29/2008)

2 Affidavit Affidavit of Dan Ault

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Aug. 29, 2008 PACER
69

ORDER of USCA, Remanding the appeal back to the District Court for determination of when the notice of appeal was delivered to prison officials for forwarding to the D.C. as to 63 Notice of appeal. EOD: 9/12/08; USCA number: 08-14480-F. (VEF) (Entered: 09/17/2008)

Sept. 17, 2008 PACER
70

NOTICE OF FINDINGS. Clerk directed to return record, as supplemented, to Court of Appeals. Signed by Judge Gregory A. Presnell on 9/19/2008. (ED) (Entered: 09/19/2008)

Sept. 19, 2008 RECAP
71

MOTION Seeking Oral Argument in Support of Plaintiff's Motion for Class Certification by Mahala Ault, Stacie Rhea, Dan Wallace. (Baker, John) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
72

MEMORANDUM in opposition re 66 Motion to certify class filed by Walt Disney World Co.. (Attachments: # 1 Exhibit Excerpts from Wallace Deposition, # 2 Exhibit Excerpts from Hale Deposition, # 3 Exhibit Cardinali Declaration, # 4 Exhibit Getting Started Manual, # 5 Exhibit Segway HT Riders' Guide, # 6 Exhibit Excerpts from Ault Deposition, # 7 Exhibit Excerpts from Rhea Deposition)(White, Jeremy) (Entered: 09/30/2008)

2 Exhibit Excerpts from Wallace Deposition

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3 Exhibit Excerpts from Hale Deposition

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4 Exhibit Cardinali Declaration

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5 Exhibit Getting Started Manual

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6 Exhibit Segway HT Riders' Guide

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7 Exhibit Excerpts from Ault Deposition

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8 Exhibit Excerpts from Rhea Deposition

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Sept. 30, 2008 PACER
73

ORDER granting 71 Motion for Oral Argument on Class Certification Motion. A hearing has been set for Tuesday, October 28, 2008, at 9:00 a.m. in Courtroom 5A. Signed by Judge Gregory A. Presnell on 10/10/2008. (TFF) (Entered: 10/10/2008)

Oct. 10, 2008 PACER
74

ORDER of USCA, dismissing the appeal for want of prosecution as to 63 Notice of appeal. EOD: 10/20/08; USCA number: 08-14480-F. Issued as mandate. (VEF) (Entered: 10/23/2008)

Oct. 22, 2008 PACER
75

Minute Entry. Proceedings held before Judge Gregory A. Presnell: Motion Hearing held on 10/28/2008 re 66 MOTION to certify class filed by Mahala Ault, Dan Wallace, Stacie Rhea. Court Reporter: Diane Peede (AKJ) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
76

ORDER abating consideration of 66 Plaintiffs' Motion for Class Certification until FRIDAY, DECEMBER 5, 2008. Signed by Judge Gregory A. Presnell on 10/28/2008. (TFF) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
77

AGREED MOTION for leave to file to Amend Plaintiffs' Frist Amended Complaint to Add Class Allegations by all parties. (Attachments: # 1 Exhibit A)(Baker, John) Text modified on 12/8/2008 (RDO). (Entered: 12/05/2008)

2 Exhibit A

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Dec. 5, 2008 PACER
78

Joint MOTION to certify class for Conditional Class Certification and Preliminary Approval of Joint Stipulation of Settlement and Release by all parties. (Attachments: # 1 Exhibit 1)(Baker, John) (TERMINATED ON 12/8/2008. WRONG EXHIBITS ATTACHED BUT RE-FILED AT 79) (RDO). (Entered: 12/05/2008)

2 Exhibit 1

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Dec. 5, 2008 PACER
79

Joint MOTION to certify class for Conditional Class Certification and Preliminary Approval of Joint Stipulation of Settlement and Release by all parties. (Attachments: # 1 Exhibit 1 - Joint Stipulation of Settlement and Release, # 2 Exhibit A to Joint Stipulation of Settlement and Release)(White, Jeremy) (Entered: 12/05/2008)

2 Exhibit 1 - Joint Stipulation of Settlement and Release

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3 Exhibit A to Joint Stipulation of Settlement and Release

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Dec. 5, 2008 PACER
80

ORDER denying without prejudice 77 Agreed Motion for Leave to Amend Plaintiffs' Amended Complaint. Signed by Judge Gregory A. Presnell on 12/12/2008. (TFF) (Entered: 12/12/2008)

Dec. 12, 2008 PACER
81

MOTION to amend/correct 49 Amended Complaint to add Class Allegations by all plaintiffs. (Attachments: # 1 Exhibit 1: proposed Second Amended Complaint)(Baker, John) Modified on 12/29/2008 (JET). (Entered: 12/26/2008)

2 Exhibit 1

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Dec. 26, 2008 PACER
82

Joint MOTION for Conditional Class Certification and Preliminary Approval of Joint Stipulation of Settlement and Release by all parties. (Attachments: # 1 Exhibit 1: Joint Stipulation of Settlement and Release, # 2 Exhibit A to Stipulation: Notice of Class Action Settlement and Hearing)(White, Jeremy) Modified on 12/29/2008 (JET). (Entered: 12/26/2008)

2 Exhibit 1 - Joint Stipulation of Settlement and Release

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3 Exhibit A to Joint Stipulation of Settlement and Release

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Dec. 26, 2008 RECAP
83

Vacated by 228 Order; 228 Order vacated and this Order reinstated by 251 Order - ORDER denying as moot 66 Motion to certify class; denying as moot 79 Motion to certify class; granting 81 motion to amend/correct; granting 82 Motion to certify class. The parties are further directed to file a joint supplemental brief addressing, in futher detail, the best manner practicable to provide notice to the class. The supplemental brief will be due by Friday, January 16, 2009. Signed by Judge Gregory A. Presnell on 1/5/2009. (TFF) *Modified text on 3/23/2011 (MAA). (Entered: 01/05/2009)

Jan. 5, 2009 RECAP
84

JOINT SUPPLEMENTAL BRIEF Regarding Notice of Settlement by Walt Disney World Co., Mahala Ault, Stacie Rhea, Dan Wallace. (White, Jeremy) Text modified on 1/20/2009 (RDO). (Entered: 01/16/2009)

Jan. 16, 2009 PACER
85

ORDER directing class counsel to provide notice to the class. Signed by Judge Gregory A. Presnell on 1/21/2009. (Attachments: # 1 Class Action Settlement Notice)(TFF) (Entered: 01/21/2009)

2 Exhibit Class Action Notice

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Jan. 21, 2009 RECAP
86

Joint MOTION to amend/correct Method of Notice to the 63 Individual Settlement Class Members by all parties. (White, Jeremy) (Entered: 01/28/2009)

Jan. 28, 2009 PACER
87

ORDER granting 86 joint motion to amend method of notice. Signed by Judge Gregory A. Presnell on 1/29/2009. (TFF) (Entered: 01/29/2009)

Jan. 29, 2009 PACER
88

MOTION for Extension of Time to File Attorney Fees Petitions by all plaintiffs. (Baker, John) (Entered: 02/04/2009)

Feb. 4, 2009 PACER
89

ORDER granting in part 88 Motion for Extension of Time to File Fee Applications. Signed by Judge Gregory A. Presnell on 2/5/2009. (TFF) (Entered: 02/05/2009)

Feb. 5, 2009 PACER
90

NOTICE of Compliance by Mahala Ault, Stacie Rhea and Dan Wallace re 85 Order and 87 Order on motion to amend/correct (Baker, John) Text modified on 2/9/2009 (RDO). (Entered: 02/06/2009)

Feb. 6, 2009 PACER
91

Unopposed MOTION for attorney fees by Stacie Rhea. (Attachments: # 1 Exhibit 1)(Baker, John) (Entered: 02/13/2009)

2 Exhibit 1

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Feb. 13, 2009 PACER
92

Unopposed MOTION for attorney fees by Dan Wallace. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Baker, John) (Entered: 02/13/2009)

2 Exhibit 1

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3 Exhibit 2

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Feb. 13, 2009 PACER
93

MOTION for attorney fees and costs by Mahala Ault. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dempsey, Bernard) (Entered: 02/27/2009)

1 Exhibit A

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Feb. 27, 2009 RECAP
94

NOTICE of Hearing on 91 Unopposed MOTION for attorney fees, 92 Unopposed MOTION for attorney fees, 93 MOTION for attorney fees and costs : Motion Hearing set for 3/31/2009 at 09:00 AM in Courtroom 6 before Judge Gregory A. Presnell. (TKW) (Entered: 03/02/2009)

March 2, 2009 PACER
95

NOTICE by Mahala Ault of filing Substituted Affidavit re 93 MOTION for attorney fees and costs (Attachments: # 1 Exhibit A - Substituted Affidavit of Nancy A. Johnson)(Dempsey, Bernard) Text modified on 3/3/2009 (RDO). (Entered: 03/02/2009)

2 Exhibit A - Substituted Affidavit of Nancy A. Johnson

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March 2, 2009 PACER
96

RESPONSE/OBJECTION re 85 Order filed by Ron Lachman. (RDO) (Entered: 03/12/2009)

March 12, 2009 PACER
97

OBJECTION re 85 Order in Opposition to Approval of the Settlement and to Class Certification. (Attachments: # 1 Exhibit A - Declaration of David Geffen, # 2 Exhibit B - Declaration of Jerry Kerr, # 3 Exhibit - Declaration of Tina Baughman, # 4 Exhibit D - Declarations of DRAFT members)(Bates, Aaron) Text modified on 3/13/2009 (RDO). Modified on 3/13/2009 (LAM). (Entered: 03/12/2009)

1 Exhibit Exhibit A - Declaration of David Geffen

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2 Exhibit Exhibit A - Declaration of David Geffen

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3 Exhibit Ex. B - Declaration of Jerry Kerr

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4 Exhibit Ex. C - Declaration of Tina Baughman

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5 Exhibit Ex. D - Declarations of DRAFT members

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March 12, 2009 PACER
98

NOTICE by Disability Rights Advocates for Technology re 85 Order, 97 Objection of Intention to Appear at Fairness Hearing (Bates, Aaron) (Entered: 03/12/2009)

March 12, 2009 PACER

State / Territory: Florida

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Nov. 9, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of individuals with disabilities who rely on Segway PT devices and were not allowed to bring these devices into Disney World.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Disney, Private Entity/Person

Defendant Type(s):

Movie Theater or Other Entertainment facility

Parks

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $100,000

Order Duration: 2012 - 2013

Content of Injunction:

Reasonable Accommodation

Issues

General:

Access to public accommodations - privately owned

Disparate Impact

Disparate Treatment

Reasonable Accommodations

Transportation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Non-government for profit