Case: Colorado Cross-Disability Coalition v. Abercrombie & Fitch

1:09-cv-02757 | U.S. District Court for the District of Colorado

Filed Date: Nov. 24, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

Several individuals who use wheelchairs and the Colorado Cross-Disability Coalition ("CCDC") (an organization representing individuals with disabilities) filed this lawsuit in the U.S. District Court for the District of Colorado on November 24, 2009. The plaintiffs claimed that Hollister stores (owned by Abercrombie & Fitch Co.) were inaccessible in violation of Title III of the Americans with Disabilities Act ("ADA") and the Colorado Civil Rights Act. The main entrances of Hollister stores typ…

Several individuals who use wheelchairs and the Colorado Cross-Disability Coalition ("CCDC") (an organization representing individuals with disabilities) filed this lawsuit in the U.S. District Court for the District of Colorado on November 24, 2009. The plaintiffs claimed that Hollister stores (owned by Abercrombie & Fitch Co.) were inaccessible in violation of Title III of the Americans with Disabilities Act ("ADA") and the Colorado Civil Rights Act. The main entrances of Hollister stores typically have "raised porches" (featuring stairs), and thus forced individuals in wheelchairs to use separate entrances or not enter at all. The plaintiffs also alleged several architectural barriers in the set-up and design of the stores.

Abercrombie & Fitch Co. (A&F) moved to dismiss the complaint in May 2010, alleging that the plaintiffs in the case did not have standing to assert their claims. A&F argued that the individual plaintiffs did not have standing to demand compliance in Hollister stores nationwide, but rather, could only make claims in reference to those stores that each individual plaintiff was likely to visit again. A&F also argued that the CCDC did not have adequate organizational standing to bring these claims on behalf of its members. The court (Judge Wiley Y. Daniel) rejected this motion in May 2011. Judge Daniel found that the individual plaintiffs could assert claims in reference to Hollister stores across the country because the stores share a common plan or design that plaintiffs allege violates the ADA. The court also found that CCDC had satisfied the requirements for organizational standing. 2011 WL 1930643. Judge Daniel affirmed this holding on June 2, 2011 in responds to a renewed motion to dismiss by the defendants. 2011 WL 2173713.

On March 16, 2011, the plaintiffs moved for partial summary judgment with respect to two Hollister stores, arguing that the raised porch design violated Title III. Title III and its accompanying regulations require that all buildings erected after 1993 comply with the Department of Justice Standards for Accessible Design ("DOJ Standards"). The 1991 DOJ Standards state that, where feasible, the accessible entryway should be near the entrance that is used by the majority of people. The U.S. Department of Justice filed a brief supporting the plaintiffs' interpretation and recommending that the court grant summary judgment. The court granted this motion on August 31, 2011. 835 F.Supp.2d 1077.

The plaintiffs filed a motion for class certification on October 21, 2011, and the court certified the class on April 20, 2012. The class was defined as: "all people with disabilities who use wheelchairs for mobility who, during the two years prior to the filing of the Complaint in this case, were denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any Hollister Co. Store in the United States on the basis of disability because of the presence of an Elevated Entrance." The named plaintiffs in the case were thereby certified to represent the interests of all individuals who used wheelchairs who wished to enter Hollister stores across the country. 2012 WL 1378531. In light of this, the plaintiffs filed a motion for summary judgment as to the 249 Hollister stores across the country on April 27, 2012.

A&F filed its own motion for summary judgment, or in the alternative to vacate the August 31, 2011 order, on May 3, 2012. In that motion, they alleged that the two stores that were subject to the August 31, 2011 order were no longer in violation of the ADA (one closed, the other made modifications). A&F also claimed that, regardless of the changes, Hollister stores complied with the 2010 DOJ Standards. The defendants argued that the 2010 standards on entrances were more flexible than the earlier 1991 version. In response to this claim, DOJ filed a brief again siding with the plaintiffs. The DOJ brief explained that although the language of the 2010 DOJ Standards was slightly different from the 1991 DOJ Standards, this difference of language was not meaningful. The DOJ referenced the regulatory history to argue that the language of the standards was not intended to change the requirement from the 1991 version.

After a hearing on January 24, 2013, Judge Daniel granted the plaintiffs' motion for summary judgment. In an order issued on March 7, 2013, he found that the named plaintiffs could raise claims on behalf of a nationwide class and that the raised porch design violated both the 2010 and 1991 standards, which demanded the same accessibility of entrances. 957 F.Supp.2d 1272.

On August 20, 2013, the court ordered a permanent injunction requiring the defendant to make architectural changes to bring all Hollister stores into comply with the ADA standards. The order required the defendant meet certain benchmarks (including bringing at least 77 stores into compliance per year) and report to the court every six months from January 1, 2014 to January 1, 2017. On September 5, 2013, the court entered final judgement for the plaintiff.

On September 9, 2013, the defendant filed an appeal in the U.S. Court of Appeals for the Tenth Circuit. On November 15, 2013, Judge Wiley denied the defendants' motion to stay injunctive relief pending appeal. 2012 WL 1378531.

On February 10, 2014, the United States filed an amicus brief, arguing that the defendant’s store entrances were in violation of Title III of the ADA. On March 31, 2014, the circuit court held oral arguments.

Meanwhile, in District Court, Judge Daniel issued an order granting attorney's fees for the plaintiffs on February 26, 2014. He held that the initial amount requested by the plaintiffs was unreasonable, but ordered the defendants to pay a reduced rate of $384,852.57 in attorneys fees and $20,342.51 in costs. 2014 WL 793363

On September 2, 2014, the Circuit Court issued an opinion (authored by Judge Paul Kelly) that reversed on the question of the whether the defendant violated the ADA. The court held that the defendants’ stores' elevated entrances were not a violation of Title III of the ADA because the stores had alternative accessible entrances and because the majority of people do not use the elevated entrances. 765 F.3d 1205. The judgements of the District Court was vacated and remanded.

The plaintiffs filed a petition for rehearing en banc on October 16, 2014. The United States filed an amicus brief supporting the plaintiffs’ petition on November 14, 2014. The circuit court denied the petition on November 14, 2014.

On remand, the district court approved a settlement agreement between the parties for injunctive relief and attorney’s fees on September 25, 2015. As a part of the settlement agreement, the defendant agreed to alter the entrances of at least 92 Hollister stores with elevated entrances and to construct future stores without elevated entrances. The defendant also agreed to pay $190,000 in attorney’s fees and costs. 2015 WL 5695890.

The case is now closed.

Summary Authors

Beth Kurtz (4/9/2013)

Sean Mulloy (10/18/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4195393/parties/colorado-cross-disability-coalition-v-abercrombie-fitch-co/


Judge(s)

Daniel, Wiley Young (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

McHugh, Carolyn Baldwin (Utah)

Tafoya, Kathleen M. (Colorado)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Benham-Baker, Hillary Jo (California)

Campins, Julia (California)

Fox, Timothy Patrick (Colorado)

Lee, Bill Lann (California)

Lucas, Carrie Ann (Colorado)

Judge(s)

Daniel, Wiley Young (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

McHugh, Carolyn Baldwin (Utah)

Tafoya, Kathleen M. (Colorado)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Benham-Baker, Hillary Jo (California)

Campins, Julia (California)

Fox, Timothy Patrick (Colorado)

Lee, Bill Lann (California)

Lucas, Carrie Ann (Colorado)

Montoya, Andrew Christopher (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorneys(s) for Defendant

Ball, Michael Jacob (Ohio)

Eurich, Gregory Alan (Colorado)

Knueve, Mark A. (Ohio)

Miller, Richard T. (Ohio)

Neguse, Joseph (Colorado)

Ridgley, Thomas Brennan (Ohio)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Foran, Sheila (District of Columbia)

Friel, Gregory (District of Columbia)

Gross, Mark L. (District of Columbia)

Hill, Eve L. (District of Columbia)

Kijewski, Kevin J. (District of Columbia)

Nichol, Allison (District of Columbia)

Perez, Thomas E. (District of Columbia)

Robin-­Vergeer, Bonnie I. (District of Columbia)

Samberg-Champion, Sasha M. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Sinha, Nabina (District of Columbia)

Uzeta, Michelle (California)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Wolfe, Kathleen P. (District of Columbia)

Documents in the Clearinghouse

Document

13-01377

Docket [Court of Appeals]

CO Cross-Disability Coalition v. Abercrombie & Fitch

U. S. Court of Appeals for the Tenth Circuit

Nov. 24, 2014

Nov. 24, 2014

Docket

1:09-cv-02757

Docket [PACER]

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

Sept. 29, 2015

Sept. 29, 2015

Docket
73

1:09-cv-02757

Third Amended and Class Action Complaint

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

Aug. 31, 2010

Aug. 31, 2010

Complaint
76

1:09-cv-02757

Defendants' Renewed Motion to Dismiss for Lack of Standing

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

Sept. 20, 2010

Sept. 20, 2010

Pleading / Motion / Brief
87

1:09-cv-02757

Plaintiffs' Motion for Partial Summary Judgment

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

March 16, 2011

March 16, 2011

Pleading / Motion / Brief
97

1:09-cv-02757

The United States of America's Statement of Interest on Plaintiffs' Motion for Partial Summary Judgment

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

May 31, 2011

May 31, 2011

Pleading / Motion / Brief
98

1:09-cv-02757

Second Amended Order Denying Motion to Dismiss for Lack of Standing

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

2011 WL 2173713

June 2, 2011

June 2, 2011

Order/Opinion
109

1:09-cv-02757

Order Granting Motion for Partial Summary Judgment

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

835 F.Supp.2d 1077, 2011 WL 4002250

Aug. 31, 2011

Aug. 31, 2011

Order/Opinion
125

1:09-cv-02757

Plaintiffs' Motion for Class Certification

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

Oct. 31, 2011

Oct. 31, 2011

Pleading / Motion / Brief
149

1:09-cv-02757

Fifth Amended and Class Action Complaint

Colorado Cross-Disability Coalition v. Abercrombie & Fitch Co.

Dec. 8, 2011

Dec. 8, 2011

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4195393/colorado-cross-disability-coalition-v-abercrombie-fitch-co/

Last updated Aug. 2, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC ( Filing fee $ 350, Receipt Number 23768) Summons Issued, filed by Colorado Cross-Disability Coalition, Anita Hansen, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(jak, ) (Entered: 11/24/2009)

1 Civil Cover Sheet

View on PACER

2 Receipt

View on PACER

Nov. 24, 2009

Nov. 24, 2009

RECAP
2

ORDER directing reassignment to another judge. By Judge Zita L. Weinshienk on 12/02/2009. (sah, ) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

RECAP
3

LETTER REASSIGNING CASE. Case reassigned to Chief Judge Wiley Y. Daniel for all further proceedings. Judge Zita L. Weinshienk no longer assigned to the case. (sah, ) (Entered: 12/03/2009)

Dec. 3, 2009

Dec. 3, 2009

PACER
4

ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 12/8/09. (wydcd, rrk) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
5

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE AND RULE 26(f) PLANNING MEETING: Scheduling Conference set for 2/18/2010 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya by Magistrate Judge Kathleen M. Tafoya on 12/9/09. (kmtcd) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

RECAP
6

AMENDED ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE AND RULE 26(f) PLANNING MEETING: Scheduling Conference set for 2/18/2010 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya by Magistrate Judge Kathleen M. Tafoya on 12/10/09. (kmtcd) (Entered: 12/11/2009)

Dec. 10, 2009

Dec. 10, 2009

RECAP
7

WAIVER OF SERVICE Returned Executed by Colorado Cross-Disability Coalition, Anita Hansen, Robert Sirowitz, Joshua Stapen, Robin Stephens. Abercrombie & Fitch Co. waiver sent on 12/1/2009, answer due 2/1/2010; Abercrombie & Fitch Stores, Inc. waiver sent on 12/1/2009, answer due 2/1/2010; J.M. Hollister LLC waiver sent on 12/1/2009, answer due 2/1/2010. (Williams, Kevin) (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

PACER
8

ANSWER to 1 Complaint, and Defenses of Defendants by Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC.(Eurich, Gregory) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
9

CORPORATE DISCLOSURE STATEMENT by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC.. (Eurich, Gregory) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
10

CORPORATE DISCLOSURE STATEMENT by Plaintiffs Colorado Cross-Disability Coalition, (Williams, Kevin) (Modified on 2/4/2010 corrected filers)(erv, ). (Entered: 02/01/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
11

Proposed Scheduling Order by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
12

Unopposed MOTION for Leave to Allow Out of Town Counsel to Participate in Scheduling Conference by Telephone by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Eurich, Gregory) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
13

MEMORANDUM regarding 12 Unopposed MOTION for Leave to Allow Out of Town Counsel to Participate in Scheduling Conference by Telephone filed by J.M. Hollister LLC, Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 2/10/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wydcd, rrk) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
14

MINUTE ORDER granting 12 Unopposed MOTION for Leave to Allow Out of Town Counsel to Participate in Scheduling Conference by Telephone. Attorney Ridgely may participate by telephone by calling 303-335-2780 at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 2/10/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmtlc1 ) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
15

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 2/18/2010. Discovery due by 10/18/2010., Dispositive Motions due by 11/18/2010. Settlement Conference set for 3/18/2010 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The Court will permit the appearances of Mr. Thomas Ridgley and Mr. Miller by telephone at the Settlement Conference set for March 18, 2010 at 9:00 a.m.Final Pretrial Conference set for 1/18/2011 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (FTR - Debra Brown) (kmtcd, ) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

PACER
16

SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 2/18/2010. (kmtcd, ) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

PACER
17

ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 3/18/2010 09:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The Court will permit the appearances of Mr. Thomas Ridgley and Mr. Miller by telephone at the Settlement Conference set for March 18, 2010 at 9:00 a.m. by Magistrate Judge Kathleen M. Tafoya on 2/18/2010. (kmtcd, ) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

RECAP
18

Unopposed MOTION for Leave to File Amended Complaint by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Amended Complaint)(Williams, Kevin) (Entered: 02/25/2010)

1 Amended Complaint

View on PACER

Feb. 25, 2010

Feb. 25, 2010

PACER
19

MEMORANDUM regarding 18 Unopposed MOTION for Leave to File Amended Complaint filed by Joshua Stapen, Anita Hansen, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens.Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 2/25/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 02/25/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
20

ORDER granting 18 Unopposed MOTION for Leave to File Amended Complaint by Plaintiffs. The Clerk of Court shall file Plaintiffs Amended Complaint(Doc. No. 18-2). Signed by Magistrate Judge Kathleen M. Tafoya on 2/25/2010.(kmtcd, ) (Entered: 02/26/2010)

Feb. 25, 2010

Feb. 25, 2010

RECAP
21

AMENDED COMPLAINT against Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, filed by Benjamin Hernandez, Colorado Cross-Disability Coalition, Anita Hansen, Robert Sirowitz, Joshua Stapen, Robin Stephens.(erv, ) (Entered: 03/02/2010)

Feb. 25, 2010

Feb. 25, 2010

PACER
22

ANSWER to 21 Amended Complaint and Defenses of Defendants by Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC.(Eurich, Gregory) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
23

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Settlement Conference held on 3/18/2010, and no settlement was reached asto any claims in this action. (kmtcd, ) (Entered: 03/19/2010)

March 18, 2010

March 18, 2010

PACER
24

Second MOTION to Amend/Correct/Modify 1 Complaint, and Proposed Class Action Complaint by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Exhibit Second Amended and Class Action Complaint)(Williams, Kevin) (Entered: 04/05/2010)

1 Exhibit Second Amended and Class Action Complaint

View on PACER

April 5, 2010

April 5, 2010

PACER
25

WITHDRAWN MOTION to Certify Class by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Modified on 4/14/2010 Pursuant to the 28 Notice to Withdraw)(erv, ). (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
26

MEMORANDUM regarding 24 Second MOTION to Amend/Correct/Modify 1 Complaint, and Proposed Class Action ComplaintSecond MOTION to Amend/Correct/Modify 1 Complaint, and Proposed Class Action Complaint filed by Joshua Stapen, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 4/6/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

PACER
27

NOTICE of Entry of Appearance by Bill Lann Lee on behalf of All Plaintiffs (Lee, Bill) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
28

NOTICE OF WITHDRAWAL OF MOTION FOR CLASS CERTIFICATION [DOC. # 25] by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens (Williams, Kevin) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
29

MEMORANDUM regarding 24 Second MOTION to Amend/Correct/Modify 1 Complaint, filed by Joshua Stapen, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 4/14/2010.(Motion re-referred pursuant to Judge's chambers) TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) (Entered: 04/14/2010)

April 14, 2010

April 14, 2010

PACER
30

BRIEF in Opposition to 24 Second MOTION to Amend/Correct/Modify 1 Complaint, and Proposed Class Action Complaint filed by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Eurich, Gregory) (Modified on 4/19/2010 edited duplicate etxt) (ervsl, ). (Entered: 04/16/2010)

April 16, 2010

April 16, 2010

PACER
31

NOTICE of Entry of Appearance by Amy Farr Robertson on behalf of Colorado Cross-Disability Coalition, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens, and Anita Hansen (Robertson, Amy) (Modified on 4/20/2010 added additional filer pursuant to the Notice) (erv, ). (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
32

REPLY to Response to 24 Second MOTION to Amend/Correct/Modify 1 Complaint, and Proposed Class Action Complaint filed by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Modified on 5/3/2010 edited duplicate text)(erv, ). (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
33

ORDER granting 24 Plaintiffs Motion for leave to file Second Amended and Class Action Complaint by Magistrate Judge Kathleen M. Tafoya on 5/12/2010.(erv, ) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

RECAP
34

SECOND AMENDED COMPLAINT against Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, filed by Benjamin Hernandez, Anita Hansen, Joshua Stapen, Robin Stephens, Colorado Cross-Disability Coalition, Robert Sirowitz.(erv, ) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
35

MOTION to Dismiss For Lack of Standing by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Eurich, Gregory) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
36

BRIEF in Support of 35 MOTION to Dismiss For Lack of Standing filed by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Eurich, Gregory) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
37

NOTICE of Entry of Appearance by Carrie Ann Lucas on behalf of Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens (Lucas, Carrie) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
38

NOTICE of Entry of Appearance of Mark A. Knueve by Gregory Alan Eurich on behalf of All Defendants (Eurich, Gregory) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
39

NOTICE of Entry of Appearance by Mark Arnold Knueve on behalf of All Defendants (Knueve, Mark) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
40

Stipulated MOTION for Protective Order by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
41

MEMORANDUM regarding 40 Stipulated MOTION for Protective Order filed by Joshua Stapen, Anita Hansen, Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens, J.M. Hollister LLC, Benjamin Hernandez. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 6/1/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

PACER
42

Docket Annotation re: 40 Stipulated MOTION for Protective Order, There was NO Motion filed with this Entry, It is to be refiled as a Motion for Protective Order with the Stipulated Protective filed as an attachment to the Motion. A copy of that Order should also be e-mailed to chambers in Word or WordPerfect format. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (erv, ) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
43

Joint MOTION for Protective Order by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Proposed Order (PDF Only) Stipulated Protective Order)(Williams, Kevin) (Entered: 06/03/2010)

1 Proposed Order (PDF Only) Stipulated Protective Order

View on PACER

June 3, 2010

June 3, 2010

PACER
44

MEMORANDUM regarding 43 Joint MOTION for Protective Order filed by Joshua Stapen, Anita Hansen, Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens, J.M. Hollister LLC, Benjamin Hernandez. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 6/3/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
45

ORDER denying 43 Joint Motion for for Entry of Stipulated Protective Order and the proposed Protective Order is REFUSED. by Magistrate Judge Kathleen M. Tafoya on 6/4/2010.(erv, ) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

RECAP
46

Stipulated MOTION for Protective Order by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Proposed Document Stipulated Protective Order)(Williams, Kevin) (Entered: 06/15/2010)

1 Proposed Document Stipulated Protective Order

View on PACER

June 15, 2010

June 15, 2010

PACER
47

MEMORANDUM regarding 46 Stipulated MOTION for Protective Order filed by Joshua Stapen, Anita Hansen, Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens, J.M. Hollister LLC, Benjamin Hernandez. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 6/15/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 06/15/2010)

June 15, 2010

June 15, 2010

PACER
48

MINUTE ORDER granting 46 Stipulated Motion for Protective Order by Magistrate Judge Kathleen M. Tafoya on 6/17/2010.(erv, ) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

RECAP
49

STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/17/2010. (erv, ) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

RECAP
50

Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Dismiss For Lack of Standing by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 06/20/2010)

June 20, 2010

June 20, 2010

PACER
51

ORDER granting 50 Motion for Extension of Time to File Response/Reply to and including Monday, June 28, 2010 by Chief Judge Wiley Y. Daniel on 6/21/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydlc4, ) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
52

RESPONSE to 35 MOTION to Dismiss For Lack of Standing filed by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Exhibit Declaration of Anita Hansen, # 2 Exhibit Declaration of Benjamin Hernandez, # 3 Exhibit Declaration of Robert Sirowitz, # 4 Exhibit Declaration of Joshua Stapen, # 5 Exhibit Declaration of Robin Stephens)(Williams, Kevin) (Entered: 06/28/2010)

1 Exhibit Declaration of Anita Hansen

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2 Exhibit Declaration of Benjamin Hernandez

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3 Exhibit Declaration of Robert Sirowitz

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4 Exhibit Declaration of Joshua Stapen

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5 Exhibit Declaration of Robin Stephens

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June 28, 2010

June 28, 2010

PACER
53

NOTICE of Entry of Appearance by Julia Campins on behalf of All Plaintiffs (Campins, Julia) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
54

REPLY to Response to 35 MOTION to Dismiss For Lack of Standing in Support of Motion to Dismiss for Lack of Standing filed by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Eurich, Gregory) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
55

WITHDRAWN- MOTION to Compel by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Affidavit Exhibit 1: Declaration of KWW, # 2 Exhibit Exh. A of Decl. of KWW, # 3 Exhibit Exh. B of Decl. of KWW, # 4 Exhibit Exh. C of Decl. of KWW, # 5 Exhibit Exh. D of Decl. of KWW, # 6 Exhibit Exh. E of Decl. of KWW, # 7 Exhibit Exh. F of Decl. of KWW)(Williams, Kevin) Modified on 8/9/2010 to indicate that this document has been withdrawn, pursuant to 8/9/10 Minute Order (lyg, ). (Entered: 07/19/2010)

1 Affidavit Exhibit 1: Declaration of KWW

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2 Exhibit Exh. A of Decl. of KWW

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3 Exhibit Exh. B of Decl. of KWW

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4 Exhibit Exh. C of Decl. of KWW

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5 Exhibit Exh. D of Decl. of KWW

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6 Exhibit Exh. E of Decl. of KWW

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7 Exhibit Exh. F of Decl. of KWW

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July 19, 2010

July 19, 2010

PACER
56

MEMORANDUM regarding 55 MOTION to Compel filed by Joshua Stapen, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 7/19/2010. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

PACER
57

MINUTE ORDER Setting Hearing on Motion: Motion Hearing set for 9/7/2010 at 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya regarding 55 MOTION to Compel. By Magistrate Judge Kathleen M. Tafoya on 7/20/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(kmtlc1 ) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
58

Unopposed MOTION for Extension of Time to Extend Expert Witness Deadline by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
59

MEMORANDUM regarding 58 Unopposed MOTION for Extension of Time to Extend Expert Witness Deadline filed by Joshua Stapen, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 8/3/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
60

MINUTE ORDER granting 58 Motion to Extend Expert Witness Designation Deadlines. The expert witness disclosure deadlines are extended until Defendants' motion to stay is filed and the Court has ruled on that motion and Defendants' motion to dismiss. Following ruling on the motions, the parties shall file a status report advising the court of the need to address ongoing discovery deadlines. By Magistrate Judge Kathleen M. Tafoya on 8/2/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmtlc1 ) (Entered: 08/04/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
61

Unopposed MOTION to Stay Discovery and Scheduling Order Pending Resolution of Defendants' Motion to Dismiss by Defendant Abercrombie & Fitch Stores, Inc.. (Knueve, Mark) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
62

BRIEF in Support of 61 Unopposed MOTION to Stay Discovery and Scheduling Order Pending Resolution of Defendants' Motion to Dismiss filed by Defendant Abercrombie & Fitch Stores, Inc.. (Knueve, Mark) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
63

MEMORANDUM regarding 61 Unopposed MOTION to Stay Discovery and Scheduling Order Pending Resolution of Defendants' Motion to Dismiss filed by Abercrombie & Fitch Stores, Inc. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 8/6/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
64

NOTICE re 55 MOTION to Compel Notice of Withdrawal by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens (Williams, Kevin) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

PACER
65

MINUTE ORDER: Pursuant to 64, the 55 Motion to Compel is WITHDRAWN. The motion hearing set for September 7, 2010, is VACATED. By Magistrate Judge Kathleen M. Tafoya on 8/9/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (kmtlc1 ) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

PACER
66

ORDER granting 61 Unopposed Motion to Stay Discovery and Scheduling Order Pending Resolution of Defendants' Motion to Dismiss. Discovery and the deadlines set in Scheduling Order are stayed pending ruling on Defendants Motion to Dismiss. Parties shall file a joint status report within 10 days of the district court's ruling on the Motion to Dismiss, by Magistrate Judge Kathleen M. Tafoya on 8/9/10.(lyg, ) Modified on 8/10/2010 to add information regarding the status report (lyg, ). (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

RECAP
67

Docket Annotation re: 66 Order on Motion to Stay. This docket entry was modified to add information regarding status report. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (lyg, ) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
68

NOTICE of Change of Address by Julia Campins (Campins, Julia) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
69

NOTICE of Change of Address by Bill Lann Lee (Lee, Bill) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
70

Unopposed MOTION for Leave to File THIRD AMENDED AND CLASS ACTION COMPLAINT by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 THIRD AMENDED AND CLASS ACTION COMPLAINT, # 2 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 08/30/2010)

1 THIRD AMENDED AND CLASS ACTION COMPLAINT

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2 Proposed Order (PDF Only)

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Aug. 30, 2010

Aug. 30, 2010

PACER
71

MEMORANDUM regarding 70 Unopposed MOTION for Leave to File THIRD AMENDED AND CLASS ACTION COMPLAINT filed by Joshua Stapen, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 8/31/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
72

ORDER granting 70 Plaintiffs' Unopposed Motion for Leave to File Third Amended and Class Action Complaint. Clerk is directed to file the Third Amended and Class Action Complaint. Defendants to answer or otherwise respond to the Third Amended and Class Action Complaint no later than 9/20/10. If no motion to dismiss is filed by 9/20/10, new scheduling conference will be convened. If a motion to dismiss is filed, the parties to file a joint status report within 10 days after ruling, if any portion of the action remains pending, to advise whether a new scheduling conference should be set, by Magistrate Judge Kathleen M. Tafoya on 8/31/10.(gmssl, ) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

RECAP
73

Third Amended and Class Action COMPLAINT against Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, filed by Benjamin Hernandez, Anita Hansen, Joshua Stapen, Robin Stephens, Colorado Cross-Disability Coalition, Robert Sirowitz.(gmssl, ) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
74

Utility Setting/Resetting Deadlines/Hearings: Abercrombie & Fitch Co. answer due 9/20/2010; Abercrombie & Fitch Stores, Inc. answer due 9/20/2010; J.M. Hollister LLC answer due 9/20/2010, pursuant to the order of 8/31/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (gmssl, ) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
75

MINUTE ORDER denying as moot 35 Motion to Dismiss for Lack of Standing. Entered by Chief Judge Wiley Y. Daniel on 8/31/10. (wydcd, rrk) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

RECAP
76

Renewed MOTION to Dismiss by Defendant Abercrombie & Fitch Co.. (Attachments: # 1 Memorandum in Support of Renewed Motion to Dismiss for Lack of Standing)(Ridgley, Thomas) (Entered: 09/20/2010)

1 Memorandum in Support of Renewed Motion to Dismiss for Lack of Standing

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Sept. 20, 2010

Sept. 20, 2010

PACER
77

Unopposed MOTION for Extension of Time to File Response/Reply as to 76 Renewed MOTION to Dismiss for Lack of Standing by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 10/04/2010)

1 Proposed Order (PDF Only)

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Oct. 4, 2010

Oct. 4, 2010

PACER
78

ORDER granting 77 Motion for Extension of Time to File Response/Reply to and including Thursday, October 21, 2010 by Chief Judge Wiley Y. Daniel on 10/4/2010.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydlc4, ) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
79

Unopposed MOTION for Extension of Time to File Response/Reply as to 76 Renewed MOTION to Dismiss for Lack of Standing by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 10/20/2010)

1 Proposed Order (PDF Only)

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Oct. 20, 2010

Oct. 20, 2010

PACER
80

ORDER granting 79 Motion for Extension of Time to File Response/Reply to and including Monday, October 25, 2010 by Chief Judge Wiley Y. Daniel on 10/21/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydlc4, ) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
81

RESPONSE to 76 Renewed MOTION to Dismiss for Lack of Standing filed by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
82

BRIEF in Support of 35 MOTION to Dismiss For Lack of Standing filed by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Knueve, Mark) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
83

NOTICE of Entry of Appearance by Andrew Christopher Montoya on behalf of Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens (Montoya, Andrew) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
84

SUPPLEMENT/AMENDMENT to 82 Brief in Support of Motion Supplemental Authority of Defendants by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Attachments: # 1 Exhibit A)(Eurich, Gregory) (Entered: 12/03/2010)

1 Exhibit A

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Dec. 3, 2010

Dec. 3, 2010

PACER
85

RESPONSE to 84 Supplement/Amendment Authority of Defendants by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
86

MINUTE ORDER: The Final Pretrial Conference set for January 18, 2011, is VACATED. By Magistrate Judge Kathleen M. Tafoya on 1/12/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(kmtlc1 ) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
87

MOTION for Partial Summary Judgment by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Affidavit Declaration of Amy F. Robertson, # 2 Affidavit Declaration of Megan Streckewald)(Robertson, Amy) (Entered: 03/16/2011)

1 Affidavit Declaration of Amy F. Robertson

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2 Affidavit Declaration of Megan Streckewald

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March 16, 2011

March 16, 2011

RECAP
88

Unopposed MOTION for Extension of Time to File Response/Reply as to 87 MOTION for Partial Summary Judgment by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Unopposed Motion for Extension)(Eurich, Gregory) (Entered: 03/30/2011)

1 Proposed Order (PDF Only) Order Granting Unopposed Motion for Extension

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March 30, 2011

March 30, 2011

PACER
89

ORDER granting 88 Motion for Extension of Time to File Response/Reply to and including Wednesday, May 11, 2011, by Chief Judge Wiley Y. Daniel on 3/31/2011.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydlc4, ) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

PACER
90

MOTION to Withdraw as Attorney for Carrie Ann Lucas by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Kevin) (Entered: 05/03/2011)

1 Proposed Order (PDF Only)

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May 3, 2011

May 3, 2011

PACER
91

MEMORANDUM regarding 90 MOTION to Withdraw as Attorney for Carrie Ann Lucas filed by Joshua Stapen, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Colorado Cross-Disability Coalition, Robin Stephens. Motion referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Wiley Y. Daniel on 5/4/11. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wydcd, rrk) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
92

MINUTE ORDER granting 90 Motion to Withdraw as Attorney. The Clerk of Court is instructed to remove Ms. Lucas from the electronic certificate of mailing by Magistrate Judge Kathleen M. Tafoya on 05/04/11.(jjh, ) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
93

RESPONSE to 87 MOTION for Partial Summary Judgment in Opposition filed by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC. (Attachments: # 1 Exhibit Ex A - Declaration of John Salmen, # 2 Exhibit B - Declaration of Adam Hill)(Eurich, Gregory) (Entered: 05/11/2011)

1 Exhibit Ex A - Declaration of John Salmen

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2 Exhibit B - Declaration of Adam Hill

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May 11, 2011

May 11, 2011

PACER
94

ORDER denying 76 Defendants' Renewed Motion to Dismiss for Lack of Standing by Chief Judge Wiley Y. Daniel on 05/18/11.(jjh, ) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

RECAP
95

AMENDED ORDER re: 94 Order on Motion to Dismiss by Chief Judge Wiley Y. Daniel on 05/18/11. (jjh, ) (Entered: 05/18/2011)

May 18, 2011

May 18, 2011

RECAP
96

REPLY to Response to 87 MOTION for Partial Summary Judgment filed by Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Campins, Julia) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

PACER
97

STATEMENT of Interest on Plaintiffs' Motion for Partial Summary Judgment by Interested Party USA. (Sinha, Nabina) (Entered: 05/31/2011)

May 31, 2011

May 31, 2011

RECAP
98

SECOND AMENDED ORDER. Ordered that Defendant's Renewed Motion to Dismiss for Lack of Standing 76 is Denied by Chief Judge Wiley Y. Daniel on 06/02/11. (jjh, ) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

RECAP
99

Joint STATUS REPORT by Defendants Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc., J.M. Hollister LLC, Plaintiffs Colorado Cross-Disability Coalition, Anita Hansen, Benjamin Hernandez, Robert Sirowitz, Joshua Stapen, Robin Stephens. (Williams, Kevin) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
100

MINUTE ORDER. The stay in this matter is lifted. A Scheduling Conference is set for 06/29/11, at 10:45 a.m. The parties shall submit their proposed Scheduling Order on or before 06/22/11 by Magistrate Judge Kathleen M. Tafoya on 06/03/11. (jjh, ) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 24, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All people with disabilities who use wheelchairs for mobility who, during the two years prior to the filing of the Complaint in this case, were denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any Hollister Co. Store in the United States on the basis of disability because of the presence of an Elevated Entrance.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Abercrombie & Fitch Co., 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

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $190,000

Content of Injunction:

Reasonable Accommodation

Reporting

Issues

General:

Access to public accommodations - privately owned

Barrier Removal

Buildings

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mobility impairment

Type of Facility:

Non-government for profit