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

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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 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.

	Document
3:11-cv-30168	Docket National Deaf Association v. Netflix	April 19, 2013	April 19, 2013 Docket
1 3:11-cv-30168	Complaint National Deaf Association v. Netflix	June 16, 2011	June 16, 2011 Complaint
19 3:11-cv-30168	First Amended Complaint for Declaratory and Injunctive Relief National Deaf Association v. Netflix	Aug. 9, 2011	Aug. 9, 2011 Complaint
22 3:11-cv-30168	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	Sept. 12, 2011 Pleading / Motion / Brief
24 3:11-cv-30168	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	Oct. 3, 2011 Statement of Interest (DOJ)
32 3:11-cv-30168	Memorandum and Order Regarding Defendant's Motion to Dismiss Amended Complaint National Deaf Association v. Netflix	Nov. 10, 2011	Nov. 10, 2011 Order/Opinion 2011 WL 5519883
43 3:11-cv-30168	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	May 1, 2012 Pleading / Motion / Brief
45 3:11-cv-30168	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	May 15, 2012 Statement of Interest (DOJ)
46 3:11-cv-30168	Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings National Deaf Association v. Netflix	June 11, 2012	June 11, 2012 Pleading / Motion / Brief
52 3:11-cv-30168	Memorandum and Order Regarding Motion for Judgment on the Pleadings	June 19, 2012	June 19, 2012 Order/Opinion 869 F.Supp.2d 196

ECF Number	Description	Date	Link 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 View on PACER	June 16, 2011	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 View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	June 16, 2011	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 View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	June 16, 2011	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	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	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	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	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	July 7, 2011 PACER
10	CORPORATE DISCLOSURE STATEMENT by Netflix, Inc.. (O'Neill, Julie) (Entered: 07/07/2011)	July 7, 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	July 8, 2011 PACER
	Order	July 8, 2011	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	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	July 11, 2011 PACER
	Notice of correction to docket made by Court staff	July 11, 2011	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	July 11, 2011 PACER
	Notice of Reassignment	July 11, 2011	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	July 13, 2011 PACER
	Order Referring Case to Magistrate Judge	July 13, 2011	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	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	July 21, 2011 PACER
	Order on Motion for Leave to Appear	July 21, 2011	July 21, 2011 PACER
12	MOTION to Intervene as Plaintiff by Louis C. Sheptin, FILED.(Boyce, Kathy) (Entered: 07/22/2011)	July 21, 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	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	July 27, 2011 PACER
	Order Referring Case to Magistrate Judge	July 27, 2011	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 View on PACER 2 Affidavit Declaration of Neil Hunt View on PACER	July 29, 2011	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 View on PACER 2 Affidavit Declaration of Jacob M. Harper View on PACER	July 29, 2011	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	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	Aug. 1, 2011 PACER
	Notice of Duplicate Filing Fee and Credit for Refund	Aug. 5, 2011	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 View on PACER	Aug. 5, 2011	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	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	Aug. 9, 2011 RECAP
	DOCKET SHEET sent to Louis Sheptin (PSSA, 3)	Aug. 11, 2011	Aug. 11, 2011 PACER
	Docket Sheet sent	Aug. 11, 2011	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	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	Aug. 15, 2011 PACER
	Order on Motion for Leave to Appear	Aug. 15, 2011	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	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	Sept. 8, 2011 PACER

Case: National Association of the Deaf v. Netflix

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

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