Case: Commonwealth of Massachusetts v. E*Trade Access

1:03-cv-11206 | U.S. District Court for the District of Massachusetts

Filed Date: June 25, 2003

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 25, 2003, blind individuals unable to use ATMs operated by the defendants filed a complaint in the U.S. District Court for the District of Massachusetts, seeking declaratory, injunctive, and monetary relif. On February 22, 2005, in an unpublished opinion, the court denied the defendants' Motion for Judgment on the Pleadings, holding that the fact that Department of Justice regulations did not expressly require installation of voice guidance technology did not defeat plaintiffs' claim. C…

On June 25, 2003, blind individuals unable to use ATMs operated by the defendants filed a complaint in the U.S. District Court for the District of Massachusetts, seeking declaratory, injunctive, and monetary relif.

On February 22, 2005, in an unpublished opinion, the court denied the defendants' Motion for Judgment on the Pleadings, holding that the fact that Department of Justice regulations did not expressly require installation of voice guidance technology did not defeat plaintiffs' claim. Commonwealth of Massachusetts v. E*Trade Access, Inc., No. 03-11206, 2005 WL 2511059 (D. Mass. Feb. 22, 2005).

On February 21, 2006, the court considered both partes' motions for partial summary judgment. Commonwealth of Massachusetts v. E*Trade Access, Inc., 464 F.Supp.2d 52 (D. Mass. 2006). The court denied the plaintiffs' motion for summary judgment on Count V, which alleged a violation of the ADA's New Facilities Mandate, 42 U.S.C. § 12183(a)(1), because the plaintiffs only showed 12 ATMs were inaccessible; thus a genuine issue of fact existed as to the thousands of other machines. The court also denied the defendant's motion for summary judgment on Count V because, contrary to the defendants' assertion, this provision applied to more than just buildings and architectural structures. Commonwealth of Massachusetts v. E*Trade Access, Inc., No. 03-11206, 2005 WL 2511059 (D. Mass. Feb. 22, 2005).The court denied the defendants' motion for summary judgment on Counts I and II, finding an issue of material fact.

As to the defendant's motion for summary judgment on Count III, the court granted the plaintiffs 90 days to identify an auxiliary aid or service list. If they could not, it would grant the defendants' motion. Similarly, on Count IV, the court gave the plaintiff 90 days to specify how communications barriers could be removed. If they could not, the court would grant summary judgment to the defendants on this count.

The parties entered a settlement agreement on June 21, 2007, which required one of the defendants to modify its ATM machines, making them all accessible within a year, with a few exceptions for certain machines. Another defendant agreed to install only voice guidance technology, and to offer merchants who owned or leased ATMs an upgrade at no cost and report to class counsel. Cardtronics also agreed to pay $900,000 in attorneys' fees to the NFB and make gift of 100,000 to Mass Consumer Aid Fund. This agreement superceded previous agreements between E*Trade and the parties because Cardtronics had purchased E*Trade's ATMs. The court approved the settlement and issued final judgment on December 4, 2007.

On April 30, 2010, the parties filed a joint motion for approval of a remediation plan which contained more precise requirements and deadlines. One of the defendants admitted it was not able to meet the targets in the settlement agreement. There were numerous problems with the voice technology. The new plan extended the deadlines and required payment of $60,000 to the National Federation of the Blind for testing the machines and $145,000 for its failure to comply with the settlement. The proposed remediation plan would last 8 years from the date of approval.

On July 29, 2011, the plaintiffs filed a motion for contempt, claiming the defendants had failed to meet all the requirements of the remediation plan. The Court granted the motion in part, finding that the defendants knew that they were subject to the Remediation Plan, which provided clear instructions for compliance, and they failed to comply fully with most of its requirements on or before the self-imposed deadlines, and that they had not "substantially" complied with the Remediation Plan or demonstrated that they have made all reasonable efforts to do so. The Court ordered the defendants to achieve full compliance on or before March 15, 2012, including: a) the installation of enhanced scripts to enable voice guidance, tactilely discernable controls and appropriate signage on all Cardtronic-owned ATMs not located in 7-Eleven stores, and b) the inspection of all such ATMs to ensure that the newly installed features are in working condition.

On August 17, 2012, plaintiffs filed a second motion for contempt, claiming that although four months had elapsed since the court's deadline for compliance, the defendants still had not fully complied with the requirements of the remediation plan. The motion also argued that the defendants violated the plan's prohibition against entering into new contracts with merchants whose ATMs were not voice-guided and placing into service newly-acquired ATMs that it did not demonstrate were voice-guided. The motion requested that the court impose four sanctions: (1) a fine of $50 per ATM per month, (2) appointment of a special master to monitor enforcement, (3) extension of the monthly reporting requirements through March 31, 2014, and (4) attorneys’ fees and costs. On March 21, 2013, the court granted the motion with regard to the first three requests and reserved how much to award in attorneys' fees and costs for a later hearing. The court appointed a special master on May 22, 2013.

The parties filed a joint motion for an amended settlement agreement on Nov. 24, 2014. The amended agreement required Cardtronics to develop and install enhanced voice-guidance software for its ATMs on or before March 31, 2017, and to ensure that its current fleet had NFB-approved signage. The amended agreement also provided for a field inspection and testing program and compliance reporting. The special master was responsible for determining if the enhanced software satisfied the agreed-upon voice-guidance standards, as well as for deciding any future disputes between the parties. The court approved the preliminary agreement on Dec. 2, 2014, and granted final approval on May 7, 2015. With the final approval, the plaintiffs were awarded $397,536.70 in attorneys' fees and costs.

The case is closed, though the court retains jurisdiction over enforcement.

Summary Authors

Virginia Weeks (11/21/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4918766/parties/commonwealth-of-massachusetts-v-etrade-access-inc/


Judge(s)

Gorton, Nathaniel M. (Massachusetts)

Lasker, Morris Edward (Massachusetts)

Attorneys(s) for Plaintiff

Correa, Patricia (Massachusetts)

Doniger, Anthony M. (Massachusetts)

Fox, Timothy Patrick (Colorado)

Goldstein, Daniel F (Maryland)

Healey, Maura T. (Massachusetts)

Krevor-Weisbaum, Sharon (Maryland)

Nadeau, Genevieve (Massachusetts)

Robertson, Amy Farr (Colorado)

Judge(s)

Gorton, Nathaniel M. (Massachusetts)

Lasker, Morris Edward (Massachusetts)

Attorneys(s) for Plaintiff

Correa, Patricia (Massachusetts)

Doniger, Anthony M. (Massachusetts)

Fox, Timothy Patrick (Colorado)

Goldstein, Daniel F (Maryland)

Healey, Maura T. (Massachusetts)

Krevor-Weisbaum, Sharon (Maryland)

Nadeau, Genevieve (Massachusetts)

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Cooper, Jenny K. (Massachusetts)

Durant, Leigh-Ann M. (Massachusetts)

Keller, Michael E. (Texas)

Kociubes, Joseph L. (Massachusetts)

Lobel, Douglas P. (Virginia)

Netski, Christine M. (Massachusetts)

Rollins, Rachael Splaine (Massachusetts)

Vogel, David A. (Virginia)

Yenouskas, Joseph F (District of Columbia)

Other Attorney(s)

Concepcion, Juan Alexander (Massachusetts)

Documents in the Clearinghouse

Document

Docket

Commonwealth of Massachusetts v. E*Trade Access, Inc.

Oct. 24, 2017 Docket
1

Complaint

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2003 WL 23886423

June 25, 2003 Complaint
9

Amended Complaint

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2003 WL 23886434

July 22, 2003 Complaint
17

Answer And Affirmative Defenses Of E*Trade Access, Inc.

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2003 WL 23886473

Sept. 12, 2003 Pleading / Motion / Brief
16

Memorandum Of Law In Support Of E*Trade Bank's Rule 12(b)(6) Motion To Dismiss For Failure To State A Claim

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2003 WL 23886462

Sept. 12, 2003 Pleading / Motion / Brief
21

Consolidated Opposition Of Plaintiffs To E*Trade Bank's Motion To Dismiss

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2003 WL 23886485

Sept. 30, 2003 Pleading / Motion / Brief
26

Reply Brief In Support Of E*Trade Bank's Motion To Dismiss

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2003 WL 23886494

Oct. 15, 2003 Pleading / Motion / Brief
37

Defendant E*Trade Bank's Supplemental Brief In Support Of Its Rule 12(b)(6) Motion To Dismiss For Failure To State A Claim

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2004 WL 2649277

Jan. 15, 2004 Pleading / Motion / Brief
38

Plaintiffs' Supplemental Briefing On Defendant E*Trade Bank's Motion To Dismiss

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2004 WL 2649282

Jan. 15, 2004 Pleading / Motion / Brief
40

Second Amended Complaint

Commonwealth of Massachusetts v. E*Trade Access, Inc.

2004 WL 2649286

March 22, 2004 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4918766/commonwealth-of-massachusetts-v-etrade-access-inc/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against E*Trade Access, Inc., E*Trade Bank Filing fee: $ 150, receipt number 48490, filed by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc..(Holahan, Sandra) (Entered: 06/26/2003)

June 25, 2003 RECAP

Summons Issued as to E*Trade Access, Inc., E*Trade Bank. (Holahan, Sandra)

June 25, 2003 PACER

Case assigned to Magistrate Judge Bowler for any future reference. (Holahan, Sandra)

June 25, 2003 PACER
2

SUMMONS Returned Executed E*Trade Access, Inc. served on 6/27/2003, answer due 7/17/2003. (Holahan, Sandra) (Entered: 07/11/2003)

July 1, 2003 PACER
3

SUMMONS Returned Executed E*Trade Bank served on 6/27/2003, answer due 7/17/2003. (Holahan, Sandra) (Entered: 07/11/2003)

July 1, 2003 PACER
4

MOTION for Extension of Time to 7/24/2003 to File Answer re 1 Complaint, by E*Trade Access, Inc., E*Trade Bank.(Holahan, Sandra) (Entered: 07/18/2003)

July 16, 2003 PACER
5

CORPORATE DISCLOSURE STATEMENT by E*Trade Access, Inc., E*Trade Bank. (Holahan, Sandra) (Entered: 07/18/2003)

July 16, 2003 PACER
6

MOTION for Leave to Appear Pro Hac Vice by Douglas P. Lobel and Joseph F. Yenouskas Filing fee $ 100.00, receipt number 49030. filed by E*Trade Access, Inc., E*Trade Bank; c/s.(Tebo, Susan) (Entered: 07/22/2003)

July 17, 2003 PACER
7

Certificate of Good Standing by Douglas P. Lobel re 6 MOTION for Leave to Appear Pro Hac Vice by Douglas P. Lobel and Joseph F. Yenouskas Filing fee $ 100.00, receipt number 49030. (Tebo, Susan) (Entered: 07/22/2003)

July 17, 2003 PACER
8

Certificate of Good Standing by Joseph F. Yenouskas re 6 MOTION for Leave to Appear Pro Hac Vice by Douglas P. Lobel and Joseph F. Yenouskas Filing fee $ 100.00, receipt number 49030. (Tebo, Susan) (Entered: 07/22/2003)

July 17, 2003 PACER
9

AMENDED COMPLAINT against E*Trade Access, Inc., E*Trade Bank, filed by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Tebo, Susan) (Entered: 07/23/2003)

July 22, 2003 RECAP
10

CERTIFICATE OF SERVICE filed by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver re 9 Amended Complaint. (Tebo, Susan) (Entered: 07/23/2003)

July 22, 2003 PACER

Judge Morris E. Lasker : Electronic ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Douglas P. Lobel for E*Trade Access, Inc. and E*Trade Bank, Joseph F. Yenouskas for E*Trade Access, Inc. and E*Trade Bank cc/cl (Howarth, George)

July 23, 2003 PACER

Judge Morris E. Lasker : ORDER entered -Motion Allowed re 4 MOTION for Extension of Time to 7/24/2003 to File Answer re 1 Complaint, filed by E*Trade Access, Inc., E*Trade Bank.cc/cl(Howarth, George)

July 29, 2003 PACER
11

MOTION to Stay or, in the alternative, to transfer to the Eastern District of Virgina by E*Trade Access, Inc., E*Trade Bank.(Holahan, Sandra) (Entered: 08/07/2003)

Aug. 5, 2003 PACER
12

MEMORANDUM in Support re 11 MOTION to Stay or, in the alternative, to transfer to the Eastern District of Virginia filed by E*Trade Access, Inc., E*Trade Bank. (Holahan, Sandra) (Entered: 08/07/2003)

Aug. 5, 2003 PACER
13

UNOPPOSED MOTION for Extension of Time to 8/28/2003 to File response to motion to stay, or in the alternative, to transfer by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Holahan, Sandra) (Entered: 08/15/2003)

Aug. 13, 2003 PACER
14

ASSENTED MOTION for Extension of Time to 9/12/2003 to File Answer re 9 Amended Complaint, by E*Trade Access, Inc., E*Trade Bank.(Holahan, Sandra) (Entered: 08/21/2003)

Aug. 21, 2003 PACER

Judge Morris E. Lasker : ORDER entered granting re 14 MOTION for Extension of Time to 9/12/2003 to File Answer re 9 Amended Complaint, filed by E*Trade Access, Inc., E*Trade Bank cc/cl(Howarth, George)

Aug. 22, 2003 PACER

Judge Morris E. Lasker : ORDER entered granting re 13 MOTION for Extension of Time to 8/28/2003 to File filed by Commonwealth of Massachusetts, National Federation of the Blind, Inc., National Federation of the Blind of Massachusetts, Inc., Richard Downs, Theresa Jeraldi, Adrienne Asch, Philip Oliver cc/cl(Howarth, George)

Aug. 25, 2003 PACER
15

MOTION to Dismiss by E*Trade Bank.(Holahan, Sandra) (Entered: 09/17/2003)

Sept. 12, 2003 PACER
16

MEMORANDUM in Support re 15 MOTION to Dismiss filed by E*Trade Bank. (Attachments: # 1 Exhibit 1 - 5) NOT SCANNED(Holahan, Sandra) (Entered: 09/17/2003)

Sept. 12, 2003 PACER
17

ANSWER to Amended Complaint by E*Trade Access, Inc..(Holahan, Sandra) (Entered: 09/17/2003)

Sept. 12, 2003 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 11 Motion to Stay or, in the alternative, to transfer to the Eastern District of Virginia. NO OPPOSITION HAVING BEEN FILED, THE MOTION IS GRANTED AND THE CASE IS TRANSFERRED TO THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. THE CLERK IS ORDERED TO MAKE THE TRANSFER. cc/cl (Holahan, Sandra)

Sept. 22, 2003 PACER

Civil Case Terminated. (Holahan, Sandra)

Sept. 22, 2003 PACER
18

ASSENTED MOTION to Reopen Case by Commonwealth of Massachusetts.(Holahan, Sandra) (Entered: 09/30/2003)

Sept. 26, 2003 PACER
19

Letter(non-motion) from Joseph L. Kociubes, Esq.. regarding electronic notice (Holahan, Sandra) (Entered: 09/30/2003)

Sept. 26, 2003 PACER
20

Letter(non-motion) from Christine M. Netski, Esq.. regarding filing opposition in closed case. (Holahan, Sandra) (Entered: 09/30/2003)

Sept. 26, 2003 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 18 Motion to Reopen Case.cc/cl (Howarth, George)

Sept. 29, 2003 PACER
21

CONSOLIDATED RESPONSE IN OPPOSITION re 15 MOTION to Dismiss filed by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Attachments: # 1 Exhibit 1-4 NOT SCANNED)(Holahan, Sandra) (Entered: 10/01/2003)

Sept. 30, 2003 PACER
22

NOTICE of Hearing on Motion 15 Motion to Dismiss Motion Hearing set for 11/6/2003 02:15 PM in Courtroom 8 before Morris E. Lasker.cc/cl (Howarth, George) (Entered: 10/09/2003)

Oct. 9, 2003 PACER
23

MOTION for Leave to File reply brief in support of motion to dismiss by E*Trade Bank.(Holahan, Sandra) (Entered: 10/15/2003)

Oct. 10, 2003 PACER
24

RESPONSE to Motion re 23 MOTION for Leave to File filed by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Holahan, Sandra) (Entered: 10/15/2003)

Oct. 14, 2003 PACER
25

AFFIDAVIT of Michele M. Corey re 24 Response to Motion, by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Attachments: # 1 Exhibit A-H NOT SCANNED)(Holahan, Sandra) (Entered: 10/15/2003)

Oct. 14, 2003 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 23 Motion for Leave to File reply brief. MOTION ALLOWED. cc/cl (Holahan, Sandra)

Oct. 15, 2003 PACER
26

REPLY BRIEF re 15 MOTION to Dismiss filed by E*Trade Bank. (Attachments: # 1 Exhibit 1 NOT SCANNED)(Holahan, Sandra) (Entered: 10/16/2003)

Oct. 15, 2003 PACER
27

REPLY BRIEF re 23 MOTION for Leave to File filed by E*Trade Bank. (Holahan, Sandra) (Entered: 10/17/2003)

Oct. 15, 2003 PACER
29

MOTION for Leave to Appear Pro Hac Vice by Daniel F. Goldstein and Sharon Krevor-Weisbaum Filing fee $ 100.00, receipt number 51086. by Adrienne Asch, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Holahan, Sandra) (Entered: 10/28/2003)

Oct. 20, 2003 PACER
30

Certificate of Good Standing by Daniel F. Goldstein re 29 MOTION for Leave to Appear Pro Hac Vice by Daniel F. Goldstein and Sharon Krevor-Weisbaum Filing fee $ 100.00, receipt number 51086. by Adrienne Asch, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Holahan, Sandra) (Entered: 10/28/2003)

Oct. 20, 2003 PACER
31

Certificate of Good Standing by Sharon Krevor-Weisbaum re 29 MOTION for Leave to Appear Pro Hac Vice by Daniel F. Goldstein and Sharon Krevor-Weisbaum Filing fee $ 100.00, receipt number 51086. by Adrienne Asch, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Holahan, Sandra) (Entered: 10/28/2003)

Oct. 20, 2003 PACER
28

ELECTRONIC*** Notice Resetting Motion Hearing on November 6, 2003 at 2:15 to: November 19, 2003 at 11:00a,m cc/cl (Howarth, George) Modified on 10/24/2003 (Holahan, Sandra). (Entered: 10/23/2003)

Oct. 23, 2003 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 29 Motion for Leave to Appear Pro Hac Vice Added Daniel F. Goldstein for National Federation of the Blind of Massachusetts, Inc.; National Federation of the Blind, Inc.; Philip Oliver; Adrienne Asch and Richard Downs, Sharon Krevor-Wisbaum for Theresa Jeraldi; National Federation of the Blind of Massachusetts, Inc.; National Federation of the Blind, Inc.; Philip Oliver; Adrienne Asch and Richard Downs (Howarth, George) Modified on 11/5/2003 (Howarth, George).

Oct. 29, 2003 PACER
32

****ELECTRONIC****Notice of Motion hearing scheduled for 11/19/03 at 11:00 a.m; has been rescheduled to: 12/09/03 at 11:00 a.m.cc/cl (Howarth, George) (Entered: 10/30/2003)

Oct. 30, 2003 PACER
33

Letter(non-motion) from John F. Henault. (Holahan, Sandra) (Entered: 11/04/2003)

Nov. 3, 2003 PACER
34

NOTICE of Change of Address by Douglas P. Lobel (Holahan, Sandra) (Entered: 11/20/2003)

Nov. 17, 2003 PACER
35

ASSENTED MOTION for Extension of Time to 1/15/2004 for supplemental briefing periord by E*Trade Access, Inc., E*Trade Bank.(Holahan, Sandra) Modified on 12/24/2003 (Holahan, Sandra). (Entered: 12/24/2003)

Dec. 19, 2003 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 35 Motion for Extension of Time for Supplemental Briefing Period.cc/cl (Howarth, George)

Dec. 29, 2003 PACER
36

NOTICE of Appearance by Jenny K. Cooper on behalf of E*Trade Access, Inc., E*Trade Bank (Holahan, Sandra) (Entered: 01/20/2004)

Jan. 15, 2004 PACER
37

SUPPLEMENTAL BRIEF by E*Trade Bank in support of 15 MOTION to Dismiss. (Holahan, Sandra) (Entered: 01/20/2004)

Jan. 15, 2004 PACER
38

SUPPLEMENTAL BRIEF by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver re 15 MOTION to Dismiss. (Holahan, Sandra) (Entered: 01/20/2004)

Jan. 15, 2004 PACER
39

NOTICE by Adrienne Asch, Commonwealth of Massachusetts, Richard Downs, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver of Amendment re 9 Amended Complaint by written consent of the adverse parties (Holahan, Sandra) (Entered: 03/29/2004)

March 22, 2004 PACER
40

SECOND AMENDED COMPLAINT against E*Trade Access, Inc., E*Trade Bank, filed by Jennifer Bose, Adrienne Asch, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Holahan, Sandra) (Entered: 03/29/2004)

March 22, 2004 RECAP
41

Judge Morris E. Lasker : ORDER entered denying 15 Motion to Dismiss (Howarth, George) (Entered: 03/30/2004)

March 29, 2004 PACER
42

ANSWER to Second Amended Complaint by E*Trade Bank.(Howarth, George) (Entered: 04/21/2004)

April 14, 2004 PACER
43

Deft's Rule 12(b)(7) MOTION to Join Necessary Parties by E*Trade Access, Inc., E*Trade Bank.(Howarth, George) (Entered: 04/21/2004)

April 16, 2004 PACER
44

MEMORANDUM in Support with attachments (1)-A-F re 43 MOTION Join Necessary Parties filed by E*Trade Access, Inc., E*Trade Bank. (Howarth, George) (Entered: 04/21/2004)

April 16, 2004 PACER
45

ASSENTED TO MOTION for Extension of Time to 05/12/04 to file opposition to defts' Rule 12(b) (7) motion by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) Modified on 5/7/2004 (Howarth, George). (Entered: 05/07/2004)

April 28, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 45 Motion for Extension of Time (Howarth, George)

May 10, 2004 PACER
46

Opposition re 43 MOTION Join Necessary Parties filed by Commonwealth of Massachusetts. (Howarth, George) (Entered: 05/19/2004)

May 12, 2004 PACER
47

ASSENTED-TO- MOTION for Leave to File Excess Pages over the twenty (20)limit by Adrienne Asch, Jennifer Bose, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) (Entered: 05/21/2004)

May 12, 2004 PACER
48

Opposition re 43 MOTION Join Necessary Parties filed by Adrienne Asch, Jennifer Bose, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Howarth, George) (Entered: 05/21/2004)

May 12, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 47 Motion for Leave to File Excess Pages (Howarth, George)

May 21, 2004 PACER
49

ASSENT TO MOTION for Leave to File Reply Brief by E*Trade Access, Inc., E*Trade Bank.(Howarth, George) (Entered: 06/04/2004)

May 26, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 49 Motion for Leave to File Reply Brief (Howarth, George)

June 4, 2004 PACER
50

MOTION for Extension of Time to three weeks to file reply brief by E*Trade Access, Inc., E*Trade Bank.(Howarth, George) (Entered: 06/09/2004)

June 4, 2004 PACER

NOTICE of Hearing on Motion 43 MOTION Join Necessary Parties: Motion Hearing set for 8/24/2004 02:15 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George)

June 9, 2004 PACER
51

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 50 Motion for Extension of Time (Howarth, George) (Entered: 06/15/2004)

June 15, 2004 PACER
52

MOTION to Preserve Evidence by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) (Entered: 06/17/2004)

June 16, 2004 PACER
53

MEMORANDUM in Support re 52 MOTION to Preserve Evidence filed by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Howarth, George) (Entered: 06/17/2004)

June 16, 2004 PACER
54

MOTION to Compel Production of Documents for a Scheduling Conference, and for Judcial Oversight of the Discovery Process by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) (Entered: 06/17/2004)

June 16, 2004 PACER
55

MEMORANDUM in Support re 54 MOTION to Compel MOTION for Discovery MOTION for Discovery filed by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Howarth, George) (Entered: 06/17/2004)

June 16, 2004 PACER
56

MOTION Shortern Time for Defendants to Respond to Plaintiffs' Motion to Preserve Evidence and for an Expedited Hearing re 52 MOTION to Preserve Evidence, 54 MOTION to Compel MOTION for Discovery MOTION for Discovery by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) (Entered: 06/17/2004)

June 16, 2004 PACER
57

MOTION Shortern Time for Defendants to Respond to Plaintiffs' Motion to Preserve Evidence and for an Expedited Hearing re 52 MOTION to Preserve Evidence, 54 MOTION to Compel MOTION for Discovery MOTION for Discovery by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) (Entered: 06/17/2004)

June 16, 2004 PACER
58

DECLARATION of Daniel F. Goldstein by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Howarth, George) (Entered: 06/29/2004)

June 18, 2004 PACER
59

STIPULATION ORDER CONCERNING PRESERVATION OF DOCUMENTS. by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, E*Trade Access, Inc., E*Trade Bank, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Howarth, George) (Entered: 07/01/2004)

June 22, 2004 PACER
60

JOIN MOTION for Entry of Stipulated Protective Order by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, E*Trade Access, Inc., E*Trade Bank, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Howarth, George) (Entered: 07/07/2004)

June 24, 2004 PACER
61

UNOPPOSED MOTION for Extension of Time to July 21, 2004 to file reply brief by E*Trade Access, Inc., E*Trade Bank.(Howarth, George) (Entered: 07/07/2004)

June 25, 2004 PACER
63

UNOPPOSED MOTION for Extension of Time to July 21, 2004 to Respond to motion to compel by E*Trade Access, Inc., E*Trade Bank.(Howarth, George) (Entered: 07/12/2004)

June 29, 2004 PACER
64

MOTION for Extension of Time to July 21, 2004 to Respond to pltfs' motion to compel by E*Trade Access, Inc., E*Trade Bank.Unopposed.(Howarth, George) (Entered: 07/15/2004)

July 1, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered denying AS MOOT 52 Motion to Preserve Evidence (Howarth, George)

July 6, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered denying as Moot 57 Motion Shortern time for defendants to respond (Howarth, George)

July 6, 2004 PACER
62

Judge Morris E. Lasker : ORDER entered STIPULATED ORDER CONCERNING PRESERVATION OF DOCUMENTS.(Howarth, George) (Entered: 07/08/2004)

July 6, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 61 Motion for Extension of Time Till Jury 29,2004 to file its Reoly Brief. (Howarth, George)

July 8, 2004 PACER
65

Judge Morris E. Lasker : ORDER entered STIPULATION PROTECTIVE ORDER,See docket # 65 for full text.(Howarth, George) Modified on 7/19/2004 (Howarth, George). (Entered: 07/19/2004)

July 8, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 63 Motion for Extension of Time to respond to respond to motion to compel (Howarth, George)

July 13, 2004 PACER
66

Opposition re 54 MOTION to Compel MOTION for Discovery MOTION to Compel (regarding fees and costs of their motion to compel) filed by E*Trade Access, Inc., E*Trade Bank. (Howarth, George) (Entered: 07/23/2004)

July 21, 2004 PACER

NOTICE OF RESCHEDULING Motion Hearing set for August 24, 2004 at 2:15,The Hearing is now set for 9/13/2004 02:30 PM in Courtroom 8 before Morris E. Lasker. (Howarth, George)

July 27, 2004 PACER
67

REPLY to Response to Motion re 43 MOTION Join Necessary Parties filed by E*Trade Access, Inc., E*Trade Bank. (Howarth, George) (Entered: 07/30/2004)

July 29, 2004 PACER
68

Letter (non-motion) from John F. Henault,Esq. Confirming date of oral arguments on the motion to join neccessary parties will be Sept. 13, 2004 at 2:30 p.m.. (Howarth, George) (Entered: 08/02/2004)

July 29, 2004 PACER
69

REPLY MEMORANDUM in Support re 54 MOTION to Compel MOTION for Discovery Process (With Exhibits not scanned) filed by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver. (Howarth, George) (Entered: 08/05/2004)

Aug. 4, 2004 PACER
70

Assented to MOTION for Extension of Time to 8/6/04 to File Reply Memorandum by Adrienne Asch, Jennifer Bose, Commonwealth of Massachusetts, Theresa Jeraldi, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc., Philip Oliver.(Bell, Marie) (Entered: 08/09/2004)

Aug. 4, 2004 PACER
71

ASSENTED TO MOTION for Leave to File Surreply..(Howarth, George) Additional attachment(s) added on 9/8/2004 (Howarth, George). Modified on 9/8/2004 (Howarth, George).Unsealed on 8/26/04 see 77 (Entered: 08/10/2004)

Aug. 9, 2004 PACER
72

SUR-REPLY to Motion re 71 MOTION for Leave to File . (Howarth, George) Additional attachment(s) added on 9/8/2004 (Howarth, George). Modified on 9/8/2004 (Howarth, George). Unsealed on 8/26/04 see motion 77 . (Entered: 08/10/2004)

Aug. 9, 2004 PACER
73

******SEALED******DECLARATION re 72 Sur-Reply to Motion. (Howarth, George) (Entered: 08/10/2004)

Aug. 9, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 70 Motion for Extension of Time to File AReply Memorandum. (Howarth, George)

Aug. 18, 2004 PACER
74

ASSENTED TO MOTION for Leave to File a Sur Reply by E*Trade Access, Inc., E*Trade Bank.(Howarth, George) (Entered: 08/19/2004)

Aug. 18, 2004 PACER
76

DECLARATION of Jackie Lee Barrett re 75 Sur-Reply to Motion by E*Trade Access, Inc., E*Trade Bank. (Howarth, George) (Entered: 08/25/2004)

Aug. 20, 2004 PACER

Judge Morris E. Lasker : ELECTRONIC ORDER entered granting 74 Motion for Leave to File a Sur Reply to pltfs' motion to Compel. (Howarth, George)

Aug. 23, 2004 PACER
75

SUR-REPLY to Motion re 54 MOTION to Compel MOTION for Discovery MOTION to Compel MOTION for Discovery filed by E*Trade Access, Inc., E*Trade Bank. (Howarth, George) (Entered: 08/24/2004)

Aug. 23, 2004 PACER
77

ASSENTED TO MOTION to Unseal Document,pltf's surreply to defts' motion to join necessary parties.Referred to 71 and 72 not 73 Declaration. by Commonwealth of Massachusetts, National Federation of the Blind of Massachusetts, Inc., National Federation of the Blind, Inc..(Howarth, George) Modified on 9/9/2004 (Howarth, George). (Entered: 08/25/2004)

Aug. 23, 2004 PACER

State / Territory: Massachusetts

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: June 25, 2003

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Blind bank customers using ATMs

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Companies that own, service, and operate ATMs nationwide, Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

State law

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1.16 million

Order Duration: 2010 - 2018

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment