Case: National Association of the Deaf v. Netflix

3:11-cv-30168 | U.S. District Court for the District of Massachusetts

Filed Date: June 16, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

The National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and a deaf Massachusetts resident belonging to both organizations, brought this case under the Americans with Disabilities Act against Netflix. The plaintiffs alleged that by failing to provide closed captioned text to its on-demand movie and television streaming service known as "Watch Instantly," Netflix failed to provided full and equal access to the deaf and hard of hearing. The lawsuit…

The National Association of the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, and a deaf Massachusetts resident belonging to both organizations, brought this case under the Americans with Disabilities Act against Netflix. The plaintiffs alleged that by failing to provide closed captioned text to its on-demand movie and television streaming service known as "Watch Instantly," Netflix failed to provided full and equal access to the deaf and hard of hearing. The lawsuit was filed June 16, 2011 in the United States District Court for the District of Massachusetts. The plaintiffs, represented by the Disability Rights Education and Defense Fund and private co-counsel, sought declaratory relief, an injunction requiring Netflix to provide effective communication through closed captioning and easy identification of captioned content, and attorney's fees and costs.

On November 11, 2011, the court (Judge Michael A. Ponsor) denied the defendant's Motion to Dismiss, because the FCC did not have primary jurisdiction over the case and Netflix's arguments that the there was not a ripe complaint and actual injury were not persuasive. Additionally, the court found Netflix's argument that the case be dismissed or transferred because of a similar case pending in the Northern District of California unpersuasive. 2011 WL 5519883.

On June 19, 2012, Judge Michael A. Posner denied Netflix’s motion for judgement on the pleadings. 869 F.Supp.2d 196. The court rejected Netflix’s argument that the Watch Instantly website was not a place of public accommodation covered by the ADA and agreed with the plaintiffs that the website fell within multiple ADA categories, such as “service establishment,” “place of exhibition or entertainment,” and “rental establishment.” The court also determined that the plaintiffs adequately pled that Netflix owns and operates the Watch Instantly website, the Twenty-First Century Communications and Video Accessibility Act complemented not supplanted, the ADA, and the new FCC regulation on captioning did not render plaintiffs’ claim moot.

The parties entered into settlement negotiations and submitted a settlement to the district court for its approval on October 10, 2012. Under the settlement, Netflix agreed to provide closed captions on 100% of its streaming content within two years and to improve its interface so that subscribers could more easily identify content that was captioned. Additionally, Netflix agreed to provide training to customer service representatives on handling questions about captioning issues.

The announcement of the settlement explained that Netflix began its closed-captioning program in 2010 and increased captioning for 90% of the hours viewed. Captions were displayed on a majority of the more than 1,000 devices on which the service was available. The court maintained jurisdiction of the case for four years to assure compliance with the terms of the decree, and the plaintiffs monitored Netflix's progress. Netflix agreed to pay $795,000 for past and future attorneys fees and costs, including monitoring costs. The case is now closed.

Summary Authors

Denise Heberle (10/10/2012)

Emily Kempa (2/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4274307/parties/national-association-of-the-deaf-v-netflix-inc/


Judge(s)

Ponsor, Michael Adrian (Massachusetts)

Attorneys(s) for Plaintiff

Davidson, Joshua (California)

Lanvers, Charlotte L. (District of Columbia)

Lee, Bill Lann (California)

Mayerson, Arlene Brynne (California)

Netski, Christine M. (Massachusetts)

Seligman, Brad (California)

Wakschlag, Shira T. (California)

Worthman, Catha (California)

Attorneys(s) for Defendant

Harper, Jacob M. (California)

Judge(s)

Ponsor, Michael Adrian (Massachusetts)

Attorneys(s) for Plaintiff

Davidson, Joshua (California)

Lanvers, Charlotte L. (District of Columbia)

Lee, Bill Lann (California)

Mayerson, Arlene Brynne (California)

Netski, Christine M. (Massachusetts)

Seligman, Brad (California)

Wakschlag, Shira T. (California)

Worthman, Catha (California)

Attorneys(s) for Defendant

Harper, Jacob M. (California)

McDowell, David F. (California)

O'Neill, Julie G. (District of Columbia)

Other Attorney(s)

Hill, Eve L. (District of Columbia)

Jacobs, Gretchen E. (District of Columbia)

Maisels, Amanda (District of Columbia)

Nichol, Allison (District of Columbia)

Ortiz, Carmen M. (Massachusetts)

Perez, Thomas E. (District of Columbia)

Expert/Monitor/Master

Neiman, Kenneth P. (Massachusetts)

Documents in the Clearinghouse

Document

Docket

National Deaf Association v. Netflix

April 19, 2013 Docket
1

Complaint

National Deaf Association v. Netflix

June 16, 2011 Complaint
19

First Amended Complaint for Declaratory and Injunctive Relief

National Deaf Association v. Netflix

Aug. 9, 2011 Complaint
22

Notice of Motion to Dismiss First Amended Complaint (Or in the Alternative, Transfer to the Northern District of California); Memorandum of Points and Authorities

National Deaf Association v. Netflix

Sept. 12, 2011 Pleading / Motion / Brief
24

Statement of Interest of the United States of America in Opposition to Defendant's Motion to Dismiss First Amended Complaint

National Deaf Association v. Netflix

Oct. 3, 2011 Pleading / Motion / Brief
32

Memorandum and Order Regarding Defendant's Motion to Dismiss Amended Complaint

National Deaf Association v. Netflix

2011 WL 5519883

Nov. 10, 2011 Order/Opinion
43

Netflix, Inc.'s Notice of Motion and Motion for Judgment on the Pleadings; Memorandum of Points and Authorities

National Deaf Association v. Netflix

May 1, 2012 Pleading / Motion / Brief
45

Statement of Interest of the United States of America in Opposition to Defendant's Motion for Judgment on the Pleadings

National Deaf Association v. Netflix

May 15, 2012 Pleading / Motion / Brief
46

Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings

National Deaf Association v. Netflix

June 11, 2012 Pleading / Motion / Brief
52

Memorandum and Order Regarding Motion for Judgment on the Pleadings

869 F.Supp.2d 196, 2012 WL 2343666

June 19, 2012 Order/Opinion

Resources

Title Description External URL

NAD v. Netflix

Disability Rights Education & Defense Fund

Today’s precedent-setting Consent Decree will increase access for people who are deaf and hard of hearing to movies and television streamed on the Internet, one of the fastest growing entertainment v… Oct. 10, 2012 https://dredf.org/legal-advocacy/nad-v-netflix/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4274307/national-association-of-the-deaf-v-netflix-inc/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Netflix, Inc. Filing fee: $ 350, receipt number 0101-3457668 (Fee Status: Filing Fee paid), filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Civil Cover Sheet)(Netski, Christine) (Entered: 06/16/2011)

1 Civil Cover Sheet

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June 16, 2011 RECAP
2

MOTION for Leave to Appear Pro Hac Vice for admission of Arlene B. Mayerson, Charlotte L. Lanvers, Shira T. Wakschlag Filing fee: $ 150, receipt number 0101-3457681 by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Netski, Christine) (Entered: 06/16/2011)

1 Exhibit

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2 Exhibit

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3 Exhibit

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June 16, 2011 PACER
3

MOTION for Leave to Appear Pro Hac Vice for admission of Bill Lann Lee, Catha Worthman, Joshua Davidson Filing fee: $ 150, receipt number 0101-3457695 by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Netski, Christine) (Entered: 06/16/2011)

1 Exhibit

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2 Exhibit

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3 Exhibit

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June 16, 2011 PACER
4

NOTICE of Case Assignment. Magistrate Judge Kenneth P. Neiman assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the attached General Order and Notice regarding Consent to Proceed before the Magistrate Judge. These documents will be mailed to counsel not receiving notice electronically. (Costello2, Helen) (Main Document 4 replaced on 6/17/2011) (Lindsay, Maurice). (Entered: 06/16/2011)

June 16, 2011 PACER
5

Summons Issued as to Netflix, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) (Entered: 06/17/2011)

June 17, 2011 PACER
6

SUMMONS Returned Executed Netflix, Inc. served on 6/17/2011, answer due 7/8/2011. (Netski, Christine) (Entered: 06/23/2011)

June 23, 2011 PACER
8

NOTICE of Appearance by Julie G. O'Neill on behalf of Netflix, Inc. (O'Neill, Julie) (Entered: 07/07/2011)

July 7, 2011 PACER
9

STIPULATION re 1 Complaint, to Extend Time to Respond and Time to Amend by Netflix, Inc.. (O'Neill, Julie) Modified on 7/11/2011 (Lindsay, Maurice). (Entered: 07/07/2011)

July 7, 2011 PACER
10

CORPORATE DISCLOSURE STATEMENT by Netflix, Inc.. (O'Neill, Julie) (Entered: 07/07/2011)

July 7, 2011 PACER

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered approving 9 Stipulation, as follows: Defendant's time to serve and file its motion to dismiss the complaint shall be extended to and including July 29, 2011; Plaintiffs shall have to and including August 19, 2011, to amend the complaint. So ordered. (Neiman, Kenneth)

July 8, 2011 PACER

Order

July 8, 2011 PACER
11

Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor. (Lindsay, Maurice) (Entered: 07/08/2011)

July 8, 2011 PACER

Notice of correction to docket made by Court staff. The stipulation Dkt. No. 9 was modified because the wrong event was used, documents seeking relief should be filed as a motion, the stipulation event does not appear on the courts pending motions report. The correct event should have been motion for extension of time. The entry has been modified and is now a visible pending motion. (Lindsay, Maurice)

July 11, 2011 PACER

Notice of correction to docket made by Court staff

July 11, 2011 PACER

ELECTRONIC NOTICE of Reassignment. Judge Michael A. Ponsor added. Magistrate Judge Kenneth P. Neiman no longer assigned to case. (Rynne, Michelle)

July 11, 2011 PACER

Notice of Reassignment

July 11, 2011 PACER

Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: Events Only (e). Motions referred: 3 MOTION for Leave to Appear Pro Hac Vice for admission of Bill Lann Lee, Catha Worthman, Joshua Davidson Filing fee: $ 150, receipt number 0101-3457695, 2 MOTION for Leave to Appear Pro Hac Vice for admission of Arlene B. Mayerson, Charlotte L. Lanvers, Shira T. Wakschlag Filing fee: $ 150, receipt number 0101-3457681. (Lindsay, Maurice) Motions referred to Kenneth P. Neiman.

July 13, 2011 PACER

Order Referring Case to Magistrate Judge

July 13, 2011 PACER

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 2 Motion for Leave to Appear Pro Hac Vice, cc:cl. Added Attorneys Arlene B. Mayerson, Charlotte L. Lanvers, and Shira T. Wakschlag. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Healy, Bethaney)

July 21, 2011 PACER

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice cc:cl. Added Attorneys Bill Lann Lee, Catha Worthman, and Joshua Davidson. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Healy, Bethaney)

July 21, 2011 PACER

Order on Motion for Leave to Appear

July 21, 2011 PACER
12

MOTION to Intervene as Plaintiff by Louis C. Sheptin, FILED.(Boyce, Kathy) (Entered: 07/22/2011)

July 21, 2011 RECAP
13

MOTION for Leave to Proceed in forma pauperis by Louis C. Sheptin, FILED.(Boyce, Kathy) (Entered: 07/22/2011)

July 21, 2011 PACER

Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: Events Only (e). Motions referred: 13 MOTION for Leave to Proceed in forma pauperis, 12 MOTION to Intervene. (Stuckenbruck, John) Motions referred to Kenneth P. Neiman.

July 27, 2011 PACER

Order Referring Case to Magistrate Judge

July 27, 2011 PACER
14

MOTION to Dismiss or, in the Alternative, Transfer, or in the Alternative, Stay; Memorandum of Points and Authorities by Netflix, Inc.. (Attachments: # 1 Affidavit Declaration of David F. McDowell, # 2 Affidavit Declaration of Neil Hunt)(O'Neill, Julie) (Entered: 07/29/2011)

1 Affidavit Declaration of David F. McDowell

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2 Affidavit Declaration of Neil Hunt

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July 29, 2011 PACER
15

MOTION for Leave to Appear Pro Hac Vice for admission of David F. McDowell and Jacob M. Harper Filing fee: $ 100, receipt number 0101-3521435 by Netflix, Inc.. (Attachments: # 1 Affidavit Declaration of David F. MDowell, # 2 Affidavit Declaration of Jacob M. Harper)(O'Neill, Julie) (Entered: 07/29/2011)

1 Affidavit Declaration of David F. MDowell

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2 Affidavit Declaration of Jacob M. Harper

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July 29, 2011 PACER
16

Opposition re 13 MOTION for Leave to Proceed in forma pauperis, 12 MOTION to Intervene filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Wakschlag, Shira) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
17

MOTION for Leave to Appear Pro Hac Vice for admission of Brad Seligman Filing fee: $ 50, receipt number 0101-3523609 by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf.(Davidson, Joshua) (Entered: 08/01/2011)

Aug. 1, 2011 PACER

Notice of Duplicate Filing Fee and Credit for Refund

Aug. 5, 2011 PACER
18

MOTION for Leave to Appear Pro Hac Vice for admission of Brad Seligman Filing fee: $ 50, receipt number 0101-3530340 by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Exhibit Amended Certificate of Brad Seligman)(Netski, Christine) (Entered: 08/05/2011)

1 Exhibit Amended Certificate of Brad Seligman

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Aug. 5, 2011 PACER

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re 17 MOTION for Leave to Appear Pro Hac Vice for admission of Brad Seligman Filing fee: $ 50, receipt number 0101-3523609, for $50.00 paid on 08/01/2011, receipt number 0101-3523609. (Adam, Lucien)

Aug. 5, 2011 PACER
19

AMENDED COMPLAINT For Declaratory and Injunctive Relief against Netflix, Inc., filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf.(Netski, Christine) (Entered: 08/09/2011)

Aug. 9, 2011 RECAP

DOCKET SHEET sent to Louis Sheptin (PSSA, 3)

Aug. 11, 2011 PACER

Docket Sheet sent

Aug. 11, 2011 PACER

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice Added David F. McDowell and Jacob M. Harper. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)

Aug. 15, 2011 PACER

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice Added Brad Seligman. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice)

Aug. 15, 2011 PACER

Order on Motion for Leave to Appear

Aug. 15, 2011 PACER
20

Joint MOTION for Extension of Time to September 12, 2011 to Respond to First Amended Complaint, to Set Briefing Schedule, and to Set Case Management Schedule and Conference (all Stipulated) by Lee Nettles, National Association of the Deaf, Netflix, Inc., Western Massachusetts Association of the Deaf.(O'Neill, Julie) (Entered: 08/25/2011)

Aug. 25, 2011 PACER

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 13 Motion for Leave to Proceed in forma pauperis. So ordered. (Neiman, Kenneth)

Sept. 8, 2011 PACER

Order on Motion for Leave to Proceed in forma pauperis

Sept. 8, 2011 PACER
21

Magistrate Judge Kenneth P. Neiman: REPORT AND RECOMMENDATIONS re 12 MOTION to Intervene filed by Louis C. Sheptin ISSUED, cc:cl. Recommendation: "For the reasons stated, the court recommends that Sheptin's motion to intervene be DENIED." Objections to R&R due by 9/22/2011(Healy, Bethaney) (Entered: 09/08/2011)

Sept. 8, 2011 RECAP

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 20 Joint Motion for Extension of Time to September 12, 2011, So ordered. (Neiman, Kenneth)

Sept. 12, 2011 PACER

Order on Motion for Extension of Time

Sept. 12, 2011 PACER
22

MOTION to Dismiss First Amended Complaint by Netflix, Inc.. (Attachments: # 1 Affidavit Declaration of David McDowell, # 2 Affidavit Declaration of Neil Hunt)(McDowell, David) (Entered: 09/12/2011)

1 Affidavit Declaration of David McDowell

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2 Affidavit Declaration of Neil Hunt

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Sept. 12, 2011 PACER

Magistrate Judge Kenneth P. Neiman: FURTHER ELECTRONIC ORDER entered with regard to 20 Joint Motion for Extension of Time, as follows. Plaintiffs' opposition to 22 Defendant's Motion to Dismiss shall be filed by October 3, 2011, to which Defendant may reply by October 11, 2011. The hearing on the motion, together with a hearing on 14 Motion to Dismiss or, in the alternative, Transfer or, in the alternative, Stay, shall be held on November 8, 2011, at 3:00 p.m. in Hampden Courtroom before Senior Judge Michael A. Ponsor. So ordered. (Neiman, Kenneth)

Sept. 16, 2011 PACER

Order

Sept. 16, 2011 PACER
23

Opposition re 22 MOTION to Dismiss First Amended Complaint filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Affidavit ISO Opposition to Netflix MTD, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Worthman, Catha) (Entered: 10/03/2011)

1 Affidavit ISO Opposition to Netflix MTD

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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Oct. 3, 2011 PACER
24

Opposition re 22 MOTION to Dismiss First Amended Complaint - Statement of Interest filed by United States Department of Justice. (Jacobs, Gretchen) (Entered: 10/03/2011)

Oct. 3, 2011 RECAP
31

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Upon de novo review the 21 Report and Recommendation is hereby adopted, without opposition, and the 12 motion to intervene is DENIED. (Lindsay, Maurice) (Lindsay, Maurice). (Entered: 10/03/2011)

Oct. 3, 2011 PACER
25

Notice of Errata by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf to 23 Opposition to Motion, to Dismiss or Transfer. (Worthman, Catha) (Entered: 10/05/2011)

Oct. 5, 2011 PACER
26

Opposition re 22 MOTION to Dismiss First Amended Complaint (CORRECTED) filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Worthman, Catha) (Entered: 10/05/2011)

Oct. 5, 2011 PACER
27

JOINT SUBMISSION pursuant to Local Rule 16.1 and Fed. R. Civ. P. 26(f) by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf.(Worthman, Catha) (Entered: 10/07/2011)

Oct. 7, 2011 PACER
28

REPLY to Response to 22 MOTION to Dismiss First Amended Complaint filed by Netflix, Inc.. (McDowell, David) (Entered: 10/11/2011)

Oct. 11, 2011 PACER

ELECTRONIC NOTICE Setting Hearing on Motion 22 MOTION to Dismiss First Amended Complaint, 14 MOTION to Dismiss or, in the Alternative, Transfer, or in the Alternative, Stay; Memorandum of Points and Authorities : Motion Hearing set for 11/8/2011 03:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa)

Oct. 12, 2011 PACER

Notice of Hearing on Motion

Oct. 12, 2011 PACER
29

Notice of Errata by Netflix, Inc. to 28 Reply to Response to Motion to Dismiss First Amended Complaint. (McDowell, David) (Entered: 10/12/2011)

Oct. 12, 2011 PACER
30

REPLY to Response to 22 MOTION to Dismiss First Amended Complaint First Amended Complaint (CORRECTED) filed by Netflix, Inc.. (McDowell, David) (Entered: 10/12/2011)

Oct. 12, 2011 PACER

Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney)

Oct. 27, 2011 PACER

Case no longer referred to Magistrate Judge

Oct. 27, 2011 PACER

Notice of correction to docket made by Court staff. The endorsement entered on 10/3/11 has been modified to add the courts memorandum and order which is now (Dkt. No. 31) (Lindsay, Maurice)

Nov. 1, 2011 PACER

Notice of correction to docket made by Court staff

Nov. 1, 2011 PACER

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 11/8/2011 re 14 MOTION to Dismiss or, in the Alternative, Transfer, or in the Alternative, Stay; Memorandum of Points and Authorities filed by Netflix, Inc., 22 MOTION to Dismiss First Amended Complaint filed by Netflix, Inc. Interpreter sworn. Court grants stay in case until 2/6/12 but denies motion to dismiss. Order to issue. Answer to be filed in 30 days. Status report due on 2/6/12 re:FCC and proposal for schedule of case. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Mayerson, Netski, Jacobs, Worthman, McDowell) (Pelegano, Theresa)

Nov. 8, 2011 PACER

Motion Hearing

Nov. 8, 2011 PACER

Order on Motion to Dismiss

Nov. 10, 2011 PACER
32

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: Defendants Motion to Dismiss (Dkt. No. 22 ) is hereby DENIED, except to the extent that this matter is stayed until February 6, 2012. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 11/10/2011)

Nov. 10, 2011 RECAP

Judge Michael A. Ponsor: ENDORSED ORDER entered denying 14 Motion to Dismiss or, in the Alternative, Transfer, or in the Alternative, Stay; Memorandum of Points and Authorities. DENIED as moot. (Lindsay, Maurice)

Nov. 10, 2011 PACER

Notice of Filing of Official Transcript

Nov. 14, 2011 PACER
33

Transcript of Motion Hearing held on November 8, 2011, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 12/5/2011. Redacted Transcript Deadline set for 12/15/2011. Release of Transcript Restriction set for 2/13/2012. (Scalfani, Deborah) (Entered: 11/14/2011)

Nov. 14, 2011 PACER

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)

Nov. 14, 2011 PACER
34

ANSWER to 19 Amended Complaint by Netflix, Inc..(McDowell, David) (Entered: 12/08/2011)

Dec. 8, 2011 PACER
35

Joint MOTION to Stay (to Extend Stay); Proposed Order Thereon by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Exhibit A (FCC Rule & Order))(Worthman, Catha) (Entered: 02/06/2012)

1 Exhibit A (FCC Rule & Order)

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Feb. 6, 2012 PACER

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 35 Motion to Extend Stay pending settlement discussions. ALLOWED to March 7, 2012. (Lindsay, Maurice)

Feb. 7, 2012 PACER

Order on Motion to Stay

Feb. 7, 2012 PACER
36

Joint MOTION for Extension of Time to 03/14/2012 to keep stay in place by Netflix, Inc..(Harper, Jacob) (Entered: 03/07/2012)

March 7, 2012 PACER

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 36 Motion for Extension of Time on Stay of Case through 3/14/12. (Pelegano, Theresa)

March 8, 2012 PACER

Order on Motion for Extension of Time

March 8, 2012 PACER
37

STATUS REPORT (Joint) by Netflix, Inc.. (Attachments: # 1 Exhibit A: FCC Final Report and Order re Captioning Regulations)(McDowell, David) (Entered: 03/15/2012)

1 Exhibit A: FCC Final Report and Order re Captioning Regulations

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March 15, 2012 RECAP
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NOTICE by Netflix, Inc. re 37 Status Report Attaching Exhibit B to Joint Status Report -- 11/8/11 Transcript (Attachments: # 1 Exhibit B to Joint Status Report -- 11/8/11 Transcript)(Harper, Jacob) (Entered: 03/16/2012)

1 Exhibit B to Joint Status Report -- 11/8/11 Transcript

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March 16, 2012 PACER
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NOTICE of Scheduling Conference Scheduling Conference set for 4/25/2012 12:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 04/03/2012)

April 3, 2012 PACER
40

JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit A: Non-substantive Erratum to Captioning Regulations, # 2 Exhibit B: Fed. Reg. CVAA Captioning Regulations, # 3 Exhibit C: Public Notice re Effective Date of CVAA Captioning Regulations)(McDowell, David) (Entered: 04/18/2012)

1 Exhibit A: Non-substantive Erratum to Captioning Regulations

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2 Exhibit B: Fed. Reg. CVAA Captioning Regulations

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3 Exhibit C: Public Notice re Effective Date of CVAA Captioning Regulations

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April 18, 2012 PACER
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First CERTIFICATION pursuant to Local Rule 16.1 (D)(3) CERTIFICATE OF PLAINTIFFS. (Lanvers, Charlotte) (Entered: 04/19/2012)

April 19, 2012 PACER

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Scheduling Conference held on 4/25/2012. Colloquy re; statas of case. Parties may request mediation. Court sets schedule. Motion hearing set for 6/11/12. PTC scheduled for 2/14/13. Trial scheduled for 4/1/13. Order to issue. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Netski, Worthman, McDowell) (Pelegano, Theresa)

April 25, 2012 PACER

Scheduling Conference

April 25, 2012 PACER
42

Judge Michael A. Ponsor: ORDER entered. SCHEDULING ORDER: As follows; Dfts motion for judgment on the pleadings due 5/1/12, Counsel will appear before this court on 6/11/12 at 10:00 a.m. In addition to argument on any pending motions, the court will hear the parties report regarding mediation, Expert depositions will be completed by 11/16/12, Counsel will appear again for argument on any motion for summary judgment on 2/14/13 at 2:00 p.m., Trial will commence on 4/1/2013 at 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. See the attached scheduling order for complete details. (Lindsay, Maurice) (Entered: 04/26/2012)

April 26, 2012 PACER
43

MOTION for Judgment on the Pleadings by Netflix, Inc..(McDowell, David) (Entered: 05/01/2012)

May 1, 2012 RECAP
44

Request for Judicial Notice in Support of Motion for Judgment on the Pleadings by Netflix, Inc.. (Attachments: # 1 Exhibit A: CVAA Text, # 2 Exhibit B: FCC Final Report and Order re Captioning Regulations, # 3 Exhibit C: Senate Report re CVAA, # 4 Exhibit D: House Report re CVAA, # 5 Exhibit E: Advisory Committee Roster, # 6 Exhibit F: FCC NPRM re Captioning Regulations, # 7 Exhibit G: NAD Public Comments re Captioning Regulations, # 8 Exhibit H: NAD Public Reply Comments re Captioning Regulations, # 9 Exhibit I: Google Public Comments re Captioning Regulations, # 10 Exhibit J: FCC Notice re 4/30/12 Effective Date of Captioning Regulations)(McDowell, David) (Entered: 05/01/2012)

1 Exhibit A: CVAA Text

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2 Exhibit B: FCC Final Report and Order re Captioning Regulations

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3 Exhibit C: Senate Report re CVAA

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4 Exhibit D: House Report re CVAA

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5 Exhibit E: Advisory Committee Roster

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6 Exhibit F: FCC NPRM re Captioning Regulations

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7 Exhibit G: NAD Public Comments re Captioning Regulations

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8 Exhibit H: NAD Public Reply Comments re Captioning Regulations

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9 Exhibit I: Google Public Comments re Captioning Regulations

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10 Exhibit J: FCC Notice re 4/30/12 Effective Date of Captioning Regulations

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May 1, 2012 PACER
45

MEMORANDUM in Opposition re 43 MOTION for Judgment on the Pleadings Statement of Interest filed by United States Department of Justice. (Maisels, Amanda) (Entered: 05/15/2012)

May 15, 2012 RECAP
46

Opposition re 43 MOTION for Judgment on the Pleadings filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Mayerson, Arlene) (Entered: 05/15/2012)

May 15, 2012 RECAP

ELECTRONIC NOTICE Setting Hearing on Motion 43 MOTION for Judgment on the Pleadings : Motion Hearing set for 6/11/2012 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa)

May 17, 2012 PACER

Notice of Hearing on Motion

May 17, 2012 PACER
47

REPLY to Response to 43 MOTION for Judgment on the Pleadings filed by Netflix, Inc.. (McDowell, David) (Entered: 05/29/2012)

May 29, 2012 PACER
48

SUR-REPLY to Motion re 43 MOTION for Judgment on the Pleadings filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Mayerson, Arlene) (Entered: 06/05/2012)

June 5, 2012 PACER
49

MOTION to Compel Production of Documents by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Davidson, Joshua) (Entered: 06/08/2012)

1 Affidavit Declaration

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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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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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June 8, 2012 PACER
50

MOTION for Leave to File Excess Pages by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf.(Davidson, Joshua) (Entered: 06/08/2012)

June 8, 2012 PACER
51

MEMORANDUM in Support re 49 MOTION to Compel Production of Documents filed by Lee Nettles, National Association of the Deaf, Western Massachusetts Association of the Deaf. (Davidson, Joshua) (Entered: 06/08/2012)

June 8, 2012 PACER

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 6/11/2012 re 43 MOTION for Judgment on the Pleadings filed by Netflix, Inc. Argument completed. Order to issue. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Newhouse, Pumphrey) (Pelegano, Theresa)

June 11, 2012 PACER

Motion Hearing

June 11, 2012 PACER
52

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: for the reasons stated in the memo and order. Defendants Motion for Judgment on the Pleadings (Dkt. No. 43 ) is hereby DENIED. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 06/19/2012)

June 19, 2012 RECAP
53

Judge Michael A. Ponsor: ORDER entered. REFERRING CASE to Alternative Dispute Resolution.(Lindsay, Maurice) (Entered: 06/19/2012)

June 19, 2012 PACER

State / Territory: Massachusetts

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: June 16, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Advocacy groups for individuals who are deaf or hard of hearing.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Netflix, Inc., Private Entity/Person

Defendant Type(s):

Movie Theater or Other Entertainment facility

Retailer

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: $755,000

Order Duration: 2012 - 2016

Content of Injunction:

Monitoring

Reasonable Accommodation

Recordkeeping

Reporting

Training

Issues

General:

Access to public accommodations - privately owned

Effective Communication (ADA)

Reasonable Accommodations

Reasonable Modifications

TTY/Close Captioning/Videophone/etc.

Website

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Non-government for profit