Case: Center for Independent Living v. Wal-Mart Stores

3:12-cv-03885 | U.S. District Court for the Northern District of California

Filed Date: July 25, 2012

Clearinghouse coding complete

Case Summary

On July 25, 2012, the Center for Independent Living (a nonprofit disability advocacy and support organization) along with several named individual plaintiffs with disabilities necessitating the use of wheelchairs or scooters filed this class-action lawsuit against Wal-Mart in the U.S. District Court for the Northern District of California. The plaintiffs were represented by Disability Rights Advocates, the Disability Rights and Education Fund, and private counsel. The plaintiffs alleged that th…

On July 25, 2012, the Center for Independent Living (a nonprofit disability advocacy and support organization) along with several named individual plaintiffs with disabilities necessitating the use of wheelchairs or scooters filed this class-action lawsuit against Wal-Mart in the U.S. District Court for the Northern District of California. The plaintiffs were represented by Disability Rights Advocates, the Disability Rights and Education Fund, and private counsel.

The plaintiffs alleged that the store's refusal to provide wheelchair-accessible point-of-sale (POS) terminals at many of its California stores, when accessible alternatives were readily available, constituted illegal discrimination against people with disabilities, in violation of the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), California's Unruh Civil Rights Act, the California Civil Code, and the California Disabled Persons Act. The plaintiffs claimed that Wal-Mart's use of completely inaccessible POS systems, its refusal to install accessible alternatives, and its failure to provide a paper-printout alternative to the POS system for signature functions and information conveyance constituted an ongoing and systemic pattern and practice of discrimination. Wal-Mart had been informed at least as early as 2005 that its POS terminals were inaccessible. The plaintiffs sought an injunction enjoining future violations of the ADA and the Unruh Act, an injunction ensuring wheelchair and scooter users full and equal access to POS terminals, money damages, and reasonable attorneys' fees and costs.

On August 13, 2012, a separate class-action suit was filed in California state court with substantially similar allegations, but including specific allegations involving Wal-Mart's Sam's Club stores as well (Partida v. Wal-Mart Stores, Inc.). Wal-Mart moved to have the second case removed to federal court because it involved issues arising under federal law (the ADA). This motion was granted on November 21, 2012. Wal-Mart then filed an unopposed motion to have the two cases consolidated, which was granted. The cases were consolidated for all purposes on April 3, 2013.

On April 12, 2013, United States District Judge Charles R. Breyer granted a motion filed by the Center for Independent Living's attorneys, appointing them as interim class counsel for the plaintiffs.

The parties then pursued a mediated settlement. On June 18, 2013, Judge Breyer approved a motion granting a ninety-day stay pending further mediation. He later granted six additional orders staying the case as the parties continued to pursue a settlement.

The settlement negotiations succeeded. On January 23, 2017, Judge Breyer entered an order dismissing the case and retaining jurisdiction to enforce the settlement agreement. The settlement agreement stipulated that specified Wal-Mart locations must include Point of Sale (POS) devices accessible to individuals with disabilities. The settlement further required training of Wal-Mart employees, internal monitoring, and reporting to the plaintiffs' counsel. The agreement was to conclude when the last new POS device was installed in the specified facilities, which was scheduled to occur within two years of the settlement.

More than three years have elapsed since the parties reached a settlement. The Clearinghouse does not know if the settlement was fully performed, but there has been no docket activity suggesting that any implementation dispute reached the court as of May 2020.

Summary Authors

Alex Colbert-Taylor (6/26/2013)

Gabriela Hybel (3/27/2017)

Hope Brinn (5/16/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4179480/parties/center-for-independent-living-inc-v-wal-mart-stores-inc/


Judge(s)

Breyer, Charles R. (California)

Attorneys(s) for Plaintiff

Campins, Julia (California)

Chuang, Christine (California)

Knestrick, Kevin M. (California)

Lee, Bill Lann (California)

Mayerson, Arlene Brynne (California)

Mehrban, Julie (California)

Paradis, Laurence W. (California)

Smith, Mary-Lee Kimber (California)

Wakschlag, Shira T. (California)

Judge(s)

Breyer, Charles R. (California)

Attorneys(s) for Plaintiff

Campins, Julia (California)

Chuang, Christine (California)

Knestrick, Kevin M. (California)

Lee, Bill Lann (California)

Mayerson, Arlene Brynne (California)

Mehrban, Julie (California)

Paradis, Laurence W. (California)

Smith, Mary-Lee Kimber (California)

Wakschlag, Shira T. (California)

Weaver, Meredith Jayne (California)

Worthman, Catha (California)

Attorneys(s) for Defendant

Earnest, Mark Easton (California)

Naeve, Robert A (California)

Williford, Rebecca S. (California)

Zadravecz, Steven Mark (California)

Documents in the Clearinghouse

Document

3:13-cv-00305

2:12-cv-10015

Docket [for consolidated case 3:13-cv-00305] [PACER]

Partida v. Wal-Mart Stores, Inc.

April 3, 2013

April 3, 2013

Docket

3:12-cv-03885

Docket [PACER]

Center for Independent Living, Inc. v. Wal-Mart Stores, Inc.

Jan. 23, 2017

Jan. 23, 2017

Docket
1

3:12-cv-03885

Complaint (Class Action)

Center for Independent Living, Inc. v. Wal-Mart Stores

July 25, 2012

July 25, 2012

Complaint
13

3:12-cv-03885

Joint Stipulation and Motion for Administrative Relief from General Order no. 56 to Permit Parties to Pursue Alternative Settlement Procedures; Order

Center for Independent Living, Inc. v. Wal-Mart Stores

Nov. 21, 2012

Nov. 21, 2012

Order/Opinion
1

3:13-cv-00305

Defendant Wal-Mart Stores, Inc.'s Notice of Removal of Civil Action From State Court

Partida v. Wal-Mart Stores, Inc.

U.S. District Court for the Central District of California

Nov. 21, 2012

Nov. 21, 2012

Pleading / Motion / Brief
2

3:13-cv-00305

Certification as to Interested Parties and FRCP 7.1 Corporate Disclosures

Partida v. Wal-Mart Stores, Inc.

U.S. District Court for the Central District of California

Nov. 21, 2012

Nov. 21, 2012

Discovery Material/FOIA Release
27

3:12-cv-03885

Order Granting Plaintiffs' Motion Requesting Appointment of Interim Class Counsel Pursuant to Rule 23(G)

Center for Independent Living, Inc. v. Wal-Mart Stores, Inc.

April 1, 2013

April 1, 2013

Order/Opinion
34

3:12-cv-03885

Order Granting Defendant Wal-Mart Store, Inc.'s Notice of Motion and Motion to Consolidate Cases Under Fed. R. Civ. P. 42

Center for Independent Living, Inc. v. Wal-Mart Stores, Inc.

April 3, 2013

April 3, 2013

Order/Opinion
30

3:12-cv-03885

Joint Stipulation to Modify November 2012 Order and Order Thereon

Center for Independent Living, Inc. v. Wal-Mart Stores, Inc.

April 25, 2013

April 25, 2013

Order/Opinion
89-1

3:12-cv-03885

Non-Class Settlement Agreement and Release

Jan. 12, 2017

Jan. 12, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4179480/center-for-independent-living-inc-v-wal-mart-stores-inc/

Last updated Aug. 7, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Wal-Mart Stores, Inc. ( Filing fee $ 350, receipt number 34611076777). Filed byCenter for Independent Living, Inc., Lisa Kilgore, Janet Brown. (far, COURT STAFF) (Filed on 7/25/2012) (Additional attachment(s) added on 7/27/2012: # 1 Civil Cover Sheet) (far, COURT STAFF). (Entered: 07/27/2012)

1 Civil Cover Sheet

View on PACER

July 25, 2012

July 25, 2012

RECAP
2

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (Attachments: # 1 Standing Order)(far, COURT STAFF) (Filed on 7/25/2012) (Entered: 07/27/2012)

1 Standing Order

View on PACER

July 25, 2012

July 25, 2012

PACER
3

Summons Issued as to Wal-Mart Stores, Inc.. (far, COURT STAFF) (Filed on 7/25/2012) (far, COURT STAFF). (Entered: 07/27/2012)

July 25, 2012

July 25, 2012

PACER
4

WAIVER OF SERVICE Returned Executed filed by Center for Independent Living, Inc., Lisa Kilgore, Janet Brown. Service waived by All Plaintiffs. (Knestrick, Kevin) (Filed on 8/9/2012) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
5

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore.. (Knestrick, Kevin) (Filed on 8/9/2012) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
6

ANSWER to Complaint byWal-Mart Stores, Inc.. (Naeve, Robert) (Filed on 9/25/2012) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
7

Certificate of Interested Entities by Wal-Mart Stores, Inc. (Naeve, Robert) (Filed on 9/25/2012) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
8

CLERKS NOTICE re Consent to Proceed Before Magistrate Judge and Request for Reassignment to a United States District Judge due by 10/22/2012. (ls, COURT STAFF) (Filed on 10/9/2012) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
9

NOTICE of Change In Counsel by Catha Alison Worthman (Worthman, Catha) (Filed on 10/12/2012) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER
10

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wal-Mart Stores, Inc... (Naeve, Robert) (Filed on 10/22/2012) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
11

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ls, COURT STAFF) (Filed on 10/23/2012) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
12

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Signed by Executive Committee on 10/23/12. (sv, COURT STAFF) (Filed on 10/23/2012) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
13

STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND MOTION FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER NO. 56 TO PERMIT PARTIES TO PURSUE ALTERNATIVE SETTLEMENT PROCEDURES; [proposed] ORDER filed by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore. (Knestrick, Kevin) (Filed on 11/20/2012) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
14

ORDER granting 13 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND MOTION FOR ADMINISTRATIVE RELIEF FROM GENERAL ORDER NO. 56 TO PERMIT PARTIES TO PURSUE ALTERNATIVE SETTLEMENT PROCEDURES filed by Center for Independent Living, Inc., et al. Case referred to Private ADR. Case Management Statement due by 5/10/2013. Initial Case Management Conference set for 5/17/2013 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/21/2012. (beS, COURT STAFF) (Filed on 11/21/2012) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

RECAP
15

MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULE 3-12 filed by Wal-Mart Stores, Inc.. (Earnest, Mark) (Filed on 2/8/2013) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
16

AMENDED Proof of Service by Wal-Mart Stores, Inc. re 15 MOTION to Relate Case. (Earnest, Mark) (Filed on 2/8/2013) Modified on 2/11/2013 (mclS, COURT STAFF). (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
17

CERTIFICATE OF SERVICE by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore <Proof of Service of Standing Orders> (Knestrick, Kevin) (Filed on 3/6/2013) Modified on 3/7/2013 (mclS, COURT STAFF). (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER
18

MOTION to Consolidate Cases filed by Wal-Mart Stores, Inc.. Motion Hearing set for 4/12/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 3/21/2013. Replies due by 3/28/2013. (Attachments: # 1 Memo of P&As ISO of Motion, # 2 Declaration of Steven M. Zadravecz ISO of Motion, # 3 Proposed Order)(Earnest, Mark) (Filed on 3/7/2013) (Entered: 03/07/2013)

1 Memo of P&As ISO of Motion

View on PACER

2 Declaration of Steven M. Zadravecz ISO of Motion

View on PACER

3 Proposed Order

View on PACER

March 7, 2013

March 7, 2013

PACER
19

ORDER by Judge Charles R. Breyer granting 15 Motion to Relate Case C-13-0305YGR to C-12-3885 CRB (beS, COURT STAFF) (Filed on 3/8/2013) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
20

Statement re 18 MOTION to Consolidate Cases PLAINTIFFS' STATEMENT OF NONOPPOSITION TO DEFENDANT WALMART STORES, INC.'S MOTION TO CONSOLIDATE CASES UNDER FED. R. CIV. P. 42 by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore. (Knestrick, Kevin) (Filed on 3/8/2013) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
21

MOTION to Appoint Counsel PLAINTIFFS' NOTICE OF MOTION AND MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL PURSUANT TO RULE 23(G) filed by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore. Motion Hearing set for 4/12/13 at 10:00 am. (Attachments: # 1 Proposed Order [Proposed] Order Granting Plaintiffs' Motion Requesting Appointment Of Interim Class Counsel Pursuant To Rule 23(G))(Knestrick, Kevin) (Filed on 3/8/2013) Modified on 3/11/2013 (mclS, COURT STAFF). (Entered: 03/08/2013)

1 Proposed Order [Proposed] Order Granting Plaintiffs' Motion Requesting Appo

View on PACER

March 8, 2013

March 8, 2013

PACER
22

Declaration of Kevin Knestrick in Support of 21 MOTION to Appoint Counsel PLAINTIFFS' NOTICE OF MOTION AND MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL PURSUANT TO RULE 23(G) DECLARATION OF KEVIN KNESTRICK IN SUPPORT OF PLAINTIFFS' MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL filed byJanet Brown, Center for Independent Living, Inc., Lisa Kilgore. (Attachments: # 1 Exhibit A)(Related document(s) 21 ) (Knestrick, Kevin) (Filed on 3/8/2013) (Entered: 03/08/2013)

1 Exhibit A

View on PACER

March 8, 2013

March 8, 2013

PACER
23

Declaration of Laurence W. Paradis in Support of 21 MOTION to Appoint Counsel PLAINTIFFS' NOTICE OF MOTION AND MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL PURSUANT TO RULE 23(G) DECLARATION OF LAURENCE W. PARADIS IN SUPPORT OF PLAINTIFFS' MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL filed byJanet Brown, Center for Independent Living, Inc., Lisa Kilgore. (Attachments: # 1 Exhibit A)(Related document(s) 21 ) (Knestrick, Kevin) (Filed on 3/8/2013) (Entered: 03/08/2013)

1 Exhibit A

View on PACER

March 8, 2013

March 8, 2013

PACER
24

Declaration of Bill Lann Lee in Support of 21 MOTION to Appoint Counsel PLAINTIFFS' NOTICE OF MOTION AND MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL PURSUANT TO RULE 23(G) DECLARATION OF BILL LANN LEE IN SUPPORT OF PLAINTIFFS' MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL filed byJanet Brown, Center for Independent Living, Inc., Lisa Kilgore. (Related document(s) 21 ) (Knestrick, Kevin) (Filed on 3/8/2013) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
25

Declaration of Arlene B. Mayerson in Support of 21 MOTION to Appoint Counsel PLAINTIFFS' NOTICE OF MOTION AND MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL PURSUANT TO RULE 23(G) DECLARATION OF ARLENE B. MAYERSON IN SUPPORT OF PLAINTIFFS' MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL filed byJanet Brown, Center for Independent Living, Inc., Lisa Kilgore. (Related document(s) 21 ) (Knestrick, Kevin) (Filed on 3/8/2013) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
26

CERTIFICATE OF SERVICE by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore re 20 Statement, 21 MOTION to Appoint Counsel PLAINTIFFS' NOTICE OF MOTION AND MOTION REQUESTING APPOINTMENT OF INTERIM CLASS COUNSEL PURSUANT TO RULE 23(G) PROOF OF SERVICE (Knestrick, Kevin) (Filed on 3/8/2013) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
27

Order by Hon. Charles R. Breyer granting 21 Motion to Appoint Interim Class Counsel.(tlS, COURT STAFF) (Filed on 4/3/2013) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

RECAP
28

ORDER GRANTING MOTION TO CONSOLIDATE CASES C-12-3885 CRB & C-13-0305 CRB by Hon. Charles R. Breyer re (18) Motion to Consolidate Cases 3:13-cv-00305-CRB(tlS, COURT STAFF) (Filed on 4/3/2013). DRA,DREDF and Lewis Feingber Interim Class Counsel. (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

RECAP
29

STIPULATION WITH PROPOSED ORDER (JOINT) TO MODIFY NOVEMBER 2012 ORDER filed by Wal-Mart Stores, Inc.. (Earnest, Mark) (Filed on 4/19/2013) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
30

ORDER by Judge Charles R. Breyer granting 29 Stipulation to modify November 2012 Order. Mediation continued to 6/7/2013, report on result of mediation continued to 6/14/2013 and by 5/31/2013 parties will complete their exchange information and documents relevant to the dispute including the information required by GO No 56, 2-6. (beS, COURT STAFF) (Filed on 4/25/2013) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
31

STIPULATION WITH PROPOSED ORDER for 90-Day Stay While Conducting Mediation filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 6/13/2013) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
32

ORDER STAYING CASE for 90 Day while conduction mediation. Status Report due by 9/13/2013. Signed by Judge Charles R. Breyer on 6/17/2013. (beS, COURT STAFF) (Filed on 6/18/2013) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
33

STIPULATION WITH PROPOSED ORDER FOR A 90-DAY STAY WHILE PURSUING RESOLUTION filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 9/6/2013) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
34

ORDER by Judge Charles R. Breyer granting 33 Stipulation for 90 day stay while pursuing resolution (beS, COURT STAFF) (Filed on 9/10/2013) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
35

STIPULATION WITH PROPOSED ORDER For a 90-Day Stay While Pursuing Resolution filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 12/20/2013) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
36

STIPULATION FOR 90-DAY STAY WHILE PURSUING RESOLUTION AND ORDER by Hon. Charles R. Breyer granting 35 Stipulation.(tlS, COURT STAFF) (Filed on 1/2/2014) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
37

STIPULATION WITH PROPOSED ORDER FOR A 60-DAY STAY WHILE PURSUING RESOLUTION filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 3/28/2014) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
38

ORDER by Judge Charles R. Breyer granting 37 Stipulation for 60-Day stay while pursuing resolution (lrcS, COURT STAFF) (Filed on 4/2/2014) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

RECAP
39

STIPULATION WITH PROPOSED ORDER for Additional 90-Day Stay While Pursuing Resolution filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 5/30/2014) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
40

ORDER by Judge Charles R. Breyer granting 39 Stipulation for Additional 90-Day (9/5/2014) Stay While Pursuing Resolution (beS, COURT STAFF) (Filed on 6/3/2014) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
41

STIPULATION WITH PROPOSED ORDER FOR ADDITIONAL STAY WHILE PURSUING RESOLUTION filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 8/29/2014) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
42

ORDER granting 41 STIPULATION FOR ADDITIONAL STAY WHILE PURSUING RESOLUTION filed by Wal-Mart Stores, Inc.. Status Report due by 12/5/2015. Signed by Judge Charles R. Breyer on 9/4/2014. (beS, COURT STAFF) (Filed on 9/4/2014) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

RECAP
43

NOTICE of Change In Counsel by Laurence Wayne Paradis Notice of Withdrawal of Counsel (Paradis, Laurence) (Filed on 9/8/2014) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
44

STIPULATION WITH PROPOSED ORDER FOR ADDITIONAL STAY WHILE PURSUING RESOLUTION filed by Wal-Mart Stores, Inc.. (Earnest, Mark) (Filed on 12/5/2014) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
45

ORDER granting 44 STIPULATION FOR ADDITIONAL STAY WHILE PURSUING RESOLUTION filed by Wal-Mart Stores, Inc.. Status Report due by 3/13/2015. Signed by Judge Charles R. Breyer on 12/15/2014. (beS, COURT STAFF) (Filed on 12/15/2014) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

RECAP
46

STIPULATION WITH PROPOSED ORDER REGARDING CONFIDENTIAL INFORMATION filed by Wal-Mart Stores, Inc.. (Earnest, Mark) (Filed on 12/16/2014) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
47

ORDER by Judge Charles R. Breyer granting 46 Stipulation REGARDING CONFIDENTIAL INFORMATION (beS, COURT STAFF) (Filed on 12/19/2014) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
48

STATUS REPORT (JOINT) by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 3/13/2015) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
49

CLERK'S NOTICE Case Management Statement due by 5/29/2015. Further Case Management Conference set for 6/5/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (text entry only, no document associated with this entry.)(beS, COURT STAFF) (Filed on 3/16/2015) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
50

NOTICE by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore, George Partida of Firm Name Change (Lee, Bill) (Filed on 3/25/2015) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
51

NOTICE by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore, George Partida of Withdrawal of Individual Counsel (Lee, Bill) (Filed on 3/25/2015) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
52

CASE MANAGEMENT STATEMENT (JOINT) & PROPOSED ORDER filed by Wal-Mart Stores, Inc.. (Earnest, Mark) (Filed on 5/29/2015) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER
53

CLERK'S NOTICE (This is a text-only entry generated by the court. There is no document associated with this entry.) Further Case Management Conference reset for 10:00 AM on Friday, 6/5/2015 in Courtroom 6, 17th Floor, San Francisco.(beS, COURT STAFF) (Filed on 6/4/2015) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
54

Minute Entry for proceedings held before Hon. Charles R. Breyer: Further Case Management Conference held on 6/5/2015. Supplemental Case Management Statement due by 10/2/2105. Further Case Management Conference set for 10/9/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Court Reporter: - Not reported. Plaintiff Attorney: Laurence Paradis. Defendant Attorney: Steve Zadravecz. This is a text only Minute Entry (beS, COURT STAFF) (Date Filed: 6/5/2015) (Entered: 06/08/2015)

June 5, 2015

June 5, 2015

PACER
55

NOTICE of Change In Counsel by Laurence Wayne Paradis NOTICE OF WITHDRAWAL OF COUNSEL (Paradis, Laurence) (Filed on 7/14/2015) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
56

CASE MANAGEMENT STATEMENT (JOINT SUPPLEMENTAL) filed by Wal-Mart Stores, Inc.. (Earnest, Mark) (Filed on 10/1/2015) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
57

CLERK'S NOTICE resetting CMC. Case Management Statement due by 11/13/2015. Further Case Management Conference set for 11/20/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 10/7/2015) text entry only, no document associated with this entry. (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
58

NOTICE by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore of Withdrawal of Individual Counsel Catha Worthman (Lee, Bill) (Filed on 10/27/2015) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
59

CASE MANAGEMENT STATEMENT (JOINT SUPPLEMENTAL) filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
60

NOTICE of Appearance by Rebecca Susanne Williford NOTICE OF APPEARANCE OF REBECCA WILLIFORD (Williford, Rebecca) (Filed on 11/17/2015) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
61

Minute Entry for proceedings held before Hon. Charles R. Breyer: Further Case Management Conference held on 11/20/2015. Further Case Management Conference continued to Friday, 2/19/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Case Management Statement due by 2/12/2016. Not Reported. Plaintiff Attorney Rebecca Williford. Defendant Attorney Steven Zadravecz. This is a text only Minute Entry (tmiS, COURT STAFF) (Date Filed: 11/20/2015) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
62

JOINT CASE MANAGEMENT STATEMENT filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 2/10/2016) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
63

CLERK'S NOTICE resetting the time only for CMC. Further Case Management Conference reset for 10:00 AM on 2/19/2016 in Courtroom 6, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (beS, COURT STAFF) (Filed on 2/18/2016) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
64

Minute Entry for proceedings held before Hon. Charles R. Breyer: Further Case Management Conference held on 2/19/2016. Supplemental Case Management Statement due by 4/15/2016. Further Case Management Conference set for 4/22/2016 10:00 AM in Courtroom 6, 17th Floor, San Francisco.Total Time: 1 minute. Court Reporter: - not reported. Plaintiff Attorney Rebecca Williford. Defendant Attorney Mark Earnest. This is a text only Minute Entry (beS, COURT STAFF) (Date Filed: 2/19/2016) (Entered: 02/22/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
65

CLERK'S NOTICE: Further Case Management Conference reset for 4/21/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (beS, COURT STAFF) (Filed on 3/18/2016) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
66

JOINT CASE MANAGEMENT STATEMENT filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 4/15/2016) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

PACER
67

CLERK'S NOTICE Continuing CMC. Supplemental Case Management Statement due by 6/17/2016. Further Case Management Conference reset for 6/24/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 4/19/2016). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
68

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 6/17/2016) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

PACER
69

CLERK'S NOTICE : Case Management Statement due by 8/5/2016. Further Case Management Conference set for 8/12/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 6/20/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
70

NOTICE of Substitution of Counsel by Meredith Jayne Weaver (Weaver, Meredith) (Filed on 8/4/2016) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
71

JOINT CASE MANAGEMENT STATEMENT filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 8/5/2016) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
72

CLERK'S NOTICE Resetting the TIME ONLY for CMC. Further Case Management Conference reset for 10:00 AM on 8/12/2016 in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 8/8/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
73

MOTION to Appear by Telephone and Proposed Order filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 8/8/2016) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

PACER
74

ORDER by Judge Charlesl R. Breyer granting 73 Motion to Appear by Telephone. (beS, COURT STAFF) (Filed on 8/10/2016) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

PACER
75

Minute Entry for proceedings held before Hon. Charles R. Breyer: Further Case Management Conference held on 8/12/2016. Status Report due by 10/7/2016. Status Conference set for 10/14/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. v Total Time in Court: 5 minutes. Court Reporter: Not reported. Plaintiff Attorney: Rebecca Williford, Mary-Lee Smith. Defendant Attorney: Steven Zadravecz and Mark Earnest by telephone. (beS, COURT STAFF) (Date Filed: 8/12/2016) This is a text only Minute Entry (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
76

STIPULATION of Voluntary Dismissal filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 9/13/2016) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER

Set Deadlines/Hearings re 08/12/2016 doc 75 Minute Entry. Status Report due by 10/7/2016. Status Conference set for 10/14/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. (beS, COURT STAFF) (Filed on 9/29/2016) Modified on 9/29/2016 (beS, COURT STAFF).

Sept. 29, 2016

Sept. 29, 2016

PACER
77

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 10/7/2016) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
78

MOTION to Appear by Telephone at Further Case Management Conference; [Proposed] Order filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 10/7/2016) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
79

ORDER by Judge Charles R. Breyer granting 78 Motion to Appear by Telephone. (beS, COURT STAFF) (Filed on 10/12/2016) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
80

Minute Entry for proceedings held before Hon. Charles R. Breyer: Status Conference held on 10/14/2016. The Court adopts deadlines. Status Report due by 12/9/2016. Status Conference set for 12/16/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Total Time in Court 3 minutes. Court Reporter: Not reported. Plaintiff Attorney: Rebeca Wiliford, Meredith Weaver. Defendant Attorney: Steven Zadravecz by telephone.(beS, COURT STAFF) (Date Filed: 10/14/2016)This is a text only Minute Entry (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
81

STATUS REPORT JOINT STATUS REPORT by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 12/9/2016) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
82

MOTION to Appear by Telephone at Further Case Management Conference; [Proposed] Order filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 12/9/2016) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
83

Order by Hon. Charles R. Breyer granting 82 Motion to Appear by Telephone. Counsel is requested to contact CourtCall. (afmS, COURT STAFF) (Filed on 12/12/2016) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
84

Minute Entry for proceedings held before Hon. Charles R. Breyer: Status Conference held on 12/16/2016. Parties have reached a settlement agreement. Further Status Conference set for 1/20/2017 08:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.FTR Time 8:36 - 8:37. Plaintiff Attorneys: Rebecca Williford, Meredith Weaver. Defendant Attorneys: Steven Zadravecz, Jim Day, both appearing by telephone. This is a text only Minute Entry. There is no pdf image associated with this entry. (afmS, COURT STAFF) (Date Filed: 12/16/2016) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
85

STATUS REPORT JOINT STATUS REPORT by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 1/13/2017) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

RECAP
86

MOTION to Appear by Telephone and Proposed Order filed by Wal-Mart Stores, Inc.. (Zadravecz, Steven) (Filed on 1/17/2017) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
87

ORDER: Re 85 Status Report filed by Wal-Mart Stores, Inc.: Status Report or dismissal filing due by 2/17/2017. Status Conference set for 2/24/2017 at 8:30 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 1/17/2017. (lsS, COURT STAFF) (Filed on 1/17/2017) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
88

ORDER GRANTING REQUEST TO APPEAR TELEPHONICALLY AT FURTHER CASE MANAGEMENT CONFERENCE by Judge Charles R. Breyer: Granting 86 Motion to Appear by Telephone. Counsel to make arrangements through CourtCall. (ls, COURT STAFF) (Filed on 1/18/2017) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
89

STIPULATION WITH PROPOSED ORDER Of Voluntary Dismissal Of Case & Retention Of Jurisdiction To Enforce Settlement Agreement filed by Janet Brown, Center for Independent Living, Inc., Lisa Kilgore, George Partida. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Williford, Rebecca) (Filed on 1/19/2017) (Entered: 01/19/2017)

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Jan. 19, 2017

Jan. 19, 2017

RECAP
90

ORDER RE STIPULATION OF VOLUNTARY DISMISSAL OF CASE AND RETENTION OF JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT by Judge Charles R. Breyer: Granting 89 Stipulation. (lsS, COURT STAFF) (Filed on 1/23/2017) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

RECAP

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 25, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Center for Independent Living and individuals with disabilities on behalf of putative class consisting of Wal-Mart shoppers with disabilities who use wheelchairs or scooters and were harmed by inaccessible POS terminals.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Wal-Mart, Private Entity/Person

Defendant Type(s):

Retailer

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)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2019

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Monitoring

Reporting

Training

Issues

General:

Access to public accommodations - privately owned

Buildings

Disparate Impact

Disparate Treatment

Pattern or Practice

Reasonable Accommodations

Reasonable Modifications

Retail Shopping

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Non-government for profit