Case: Jones v. National Conference of Bar Examiners

5:11-cv-00174 | U.S. District Court for the District of Vermont

Filed Date: July 1, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 1, 2011, a law student who was legally blind and learning disabled filed a lawsuit in the U.S. District Court for the District of Vermont against the National Conference of Bar Examiners and the ACT, which administrated the Multistate Professional Responsibility Examination (MPRE). The complaint alleged that the defendants violated the ADA by refusing to allow the plaintiff to take an electronic version of MPRE with screen reading and magnification software she had used for all of her p…

On July 1, 2011, a law student who was legally blind and learning disabled filed a lawsuit in the U.S. District Court for the District of Vermont against the National Conference of Bar Examiners and the ACT, which administrated the Multistate Professional Responsibility Examination (MPRE). The complaint alleged that the defendants violated the ADA by refusing to allow the plaintiff to take an electronic version of MPRE with screen reading and magnification software she had used for all of her post-secondary education. The plaintiff, represented by private counsel, asked the court for a preliminary injunction, declaratory and injunctive relief and attorney's fees.

On July 20, 2011, the United States Department of Justice submitted a Statement of Interest support plaintiff's motion for preliminary injunction and asking the court not to adopt the "reasonableness" standard advocated by the defendants. Instead, it argued that the court should adopt the United States Department of Justice's reading of the relevant provisions of the ADA to established a standard that "best ensures" that the aptitude of the examinee is measured by the test and not their disability.

On August 2, 2011, the District Court (Chief Judge Christina Reiss) granted plaintiff's motion for a preliminary injunction requiring the defendants to allow her to use her screen reading and magnifying software on the MPRE, finding a high likelihood of harm and a likelihood that plaintiff would win the case. The District Court also adopted the "best ensures" standard advocated by the United States Department of Justice.

On September 7, 2011, the District Court (Chief Judge Reiss) granted defendants' motion to amend the preliminary injunction to include different types of software, denied defendants' motion to amend the preliminary injunction to prevent others from taking the test using plaintiff's accommodations, and denied defendant's motion for a stay that would allow it to keep from giving plaintiff her score until she was ready to apply for admission to the bar in 2012.

On August 15, 2011, defendant appealed the District Court's order to grant plaintiff's request for a preliminary injunction, which was dismissed as moot.

On August 9, 2012, the plaintiff and defendants entered a joint order requesting final judgment and noting that defendants agreed to let plaintiff take, and if necessary retake, the test with accommodations.

On August 13, 2012, the District Court (Chief Judge Reiss) awarded the plaintiff $275,000 in attorney's fees and closed the case.

Summary Authors

Brian Kempfer (3/17/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5019120/parties/jones-v-national-conference-of-bar-examiners/


Judge(s)

Pooler, Rosemary S. (New York)

Reiss, Christina Clair (Vermont)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Coe, Trevor (Maryland)

Elder, Timothy R. (California)

Joselson, Emily J. (Vermont)

Labarre, Scott C. (Colorado)

Leval, Pierre Nelson (New York)

Patton, Michele B. (Vermont)

Attorneys(s) for Defendant

Burgoyne, Robert Anthony (District of Columbia)

Judge(s)

Pooler, Rosemary S. (New York)

Reiss, Christina Clair (Vermont)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Coe, Trevor (Maryland)

Elder, Timothy R. (California)

Joselson, Emily J. (Vermont)

Labarre, Scott C. (Colorado)

Leval, Pierre Nelson (New York)

Patton, Michele B. (Vermont)

Attorneys(s) for Defendant

Burgoyne, Robert Anthony (District of Columbia)

Coffin, Tristram J. (District of Columbia)

Hemley, Robert B. (Vermont)

Kerest, Nikolas P. (Vermont)

McAndrew, Karen (Vermont)

Mew, Caroline M. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Other Attorney(s)

Goldstein, Daniel F (Maryland)

Documents in the Clearinghouse

Document

Docket

Jones v. National Conference of Bar Examiners et al

Aug. 13, 2012 Docket
1

Complaint

Jones v. National Conference of Bar Examiners and Act, Inc.,

July 1, 2011 Complaint
32

Statement of Interest of the United States of America Regarding Plaintiffs' Motion for Preliminary Injunction

Jones v. National Conference of Bar Examiners and Act, Inc,

July 20, 2011 Pleading / Motion / Brief
48

Order Granting Plaintiff's Motion for Preliminary Injunction

801 F.Supp.2d 270, 2011 WL 3321507

Aug. 2, 2011 Order/Opinion
57

Opinion and Order Denying Defendant's Motion for Further Modification of Preliminary Injunciton and Conditional Motion for a Stay

Sept. 7, 2011 Order/Opinion
62

Amended Complaint

Dec. 29, 2011 Complaint
66

Summary Order

U. S. Court of Appeals for the Second Circuit

476 Fed.Appx. 957

May 17, 2012 Order/Opinion
72

Joint Motion for Entry of Final Judgment

Aug. 9, 2012 Pleading / Motion / Brief
73

Final Judgment

Aug. 13, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5019120/jones-v-national-conference-of-bar-examiners/

Last updated May 20, 2022, 3:31 a.m.

ECF Number Description Date Link
48

ORDER granting 2 Motion for Preliminary Injunction. Signed by Chief Judge Christina Reiss on 8/2/2011. (pam)

Aug. 2, 2011 RECAP
1

COMPLAINT against ACT, Inc., National Conference of Bar Examiners filed by Deanna L. Jones. (Attachments: # 1 Civil Cover Sheet)(law) (Entered: 07/01/2011)

July 1, 2011
57

OPINION AND ORDER denying 51 Motion for Further Modification of 48 Preliminary Injunction and Conditional Motion for a Stay. Signed by Chief Judge Christina Reiss on 9/7/2011. (pam)

Sept. 7, 2011 RECAP
2

MOTION for Preliminary Injunction filed by Deanna L. Jones ***Declaration of Michele B. Patton, and exhibits thereto, withdrawn on 7/26/2011 pursuant to 41 *** (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michele B. Patton, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Declaration of Stephen A. Feltus, # 14 Exhibit A, # 15 Declaration of Geoff Howard, # 16 Exhibit A)(law) (Entered: 07/01/2011)

July 1, 2011
3

MOTION for Appearance Pro Hac Vice filed by Deanna L. Jones (Attachments: # 1 Affidavit of Scott C. LaBarre, Esq., # 2 Certificate of Good Stand (Scott C. LaBarre))(law) (Entered: 07/01/2011)

July 1, 2011
4

AFFIDAVIT of Timothy R. Elder, Esq. re: 3 MOTION for Appearance Pro Hac Vice by Deanna L. Jones. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/07/2011)

July 7, 2011
5

AFFIDAVIT of Daniel F. Goldstein, Esq. re: 3 MOTION for Appearance Pro Hac Vice by Deanna L. Jones. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/07/2011)

July 7, 2011
6

AFFIDAVIT of Trevor Coe re: 3 MOTION for Appearance Pro Hac Vice by Deanna L. Jones. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/07/2011)

July 7, 2011
7

DECLARATION of Deanna L. Jones re: 2 MOTION for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit A (redacted), # 2 Exhibit A (unredacted, image is sealed))(law) (Attachments 1 and 2 replaced on 7/18/2011) (law). (Entered: 07/08/2011)

July 7, 2011
18

DECLARATION of Frederick K. Schroeder re: 2 Motion for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit A) (pam) Link added on 7/15/2011 (jlh). (Entered: 07/15/2011)

July 8, 2011
19

DECLARATION of Blanch Podhajski by Deanna L. Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (pam) (Entered: 07/15/2011)

July 8, 2011
8

NOTICE of Hearing re: 2 MOTION for Preliminary Injunction. Motion Hearing set for 7/22/2011, 9:30 AM in Burlington Courtroom 440 before Chief Judge Christina Reiss. (pjl) (Entered: 07/11/2011)

July 11, 2011
9

ORDER granting 3 Motion for Admission Pro Hac Vice re: Daniel F. Goldstein, Esq., Trevor Coe, Esq., Timothy R. Elder, Esq., and Scott C. LaBarre, Esq. for the Plaintiff. Signed by Chief Judge Christina Reiss on 7/11/2011. (This is a text only Order.) (cle) (Entered: 07/12/2011)

July 12, 2011
10

CERTIFICATE OF SERVICE by Deanna L. Jones re 8 Notice of Hearing on 2 Motion for Preliminary Injunction. (pam) (Entered: 07/13/2011)

July 13, 2011
11

NOTICE OF APPEARANCE by Karen McAndrew on behalf of National Conference of Bar Examiners. (McAndrew, Karen) (Entered: 07/14/2011)

July 14, 2011
12

NOTICE OF APPEARANCE by Robert B. Hemley on behalf of ACT, Inc.. (Attachments: # 1 Certificate of Service)(Hemley, Robert) (Entered: 07/14/2011)

July 14, 2011
13

AFFIDAVIT of Service for Summons, 1 Complaint, 2 Motion for Preliminary Injunction, 3 Motion for Appearance Pro Hac Vice served on ACT, Inc. on 7/6/2011 filed by Deanna L. Jones. (pam) (Entered: 07/14/2011)

July 14, 2011
14

AFFIDAVIT of Service for Summons, 1 Complaint, 2 Motion for Preliminary Injunction, 3 Motion for Appearance Pro Hac Vice served on National Conference of Bar Examiners on 7/6/2011 filed by Deanna L. Jones. (pam) (Entered: 07/14/2011)

July 14, 2011
15

SUMMONS RETURNED Executed. National Conference of Bar Examiners served on 7/6/2011, answer due 7/27/2011. (pam) (Entered: 07/14/2011)

July 14, 2011
16

STIPULATION to Voluntary Dismiss Act, Inc. as a Defendant without Prejudice by Deanna L. Jones. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Main Document 16 replaced and attachment added on 7/18/2011: # 2 Text of Proposed Order) (law). (Entered: 07/14/2011)

July 14, 2011
17

MOTION to Continue Hearing on 2 Motion for Preliminary Injunction filed by National Conference of Bar Examiners (Attachments: # 1 Exhibit A, # 2 Exhibit

July 14, 2011
21

RESPONSE in Opposition re 17 MOTION to Continue Hearing on 2 Motion for Preliminary Injunction filed by Deanna L. Jones. (Attachments: # 1 Affidavit of Declaration of Daniel F. Goldstein, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Certificate of Service)(Joselson, Emily) Text of attachments clarified on 7/18/2011 (law). (Entered: 07/15/2011)

July 15, 2011
22

NOTICE OF DOCKET ENTRY CORRECTION re: 16 Stipulation to Voluntarily Dismiss ACT, Inc. as a Defendant Without Prejudice filed by Deanna L. Jones. The main document image contained that of the proposed order. The images have been broken apart and reattached to the entry of 16 . The images are also attached to this entry. (Attachments: # 1 Text of Proposed Order) (law) (Entered: 07/18/2011)

July 18, 2011
23

NOTICE OF DOCKET ENTRY CORRECTION re: 7 DECLARATION of Deanna L. Jones re: 2 MOTION for Preliminary Injunction filed by Deanna L. Jones. The original document image(s) were missing Pages 2 and 3. The complete images are now attached to 7 and are also attached to this entry. (Attachments: # 1 Exhibit A (unredacted, image is sealed)) (law) (Entered: 07/18/2011)

July 18, 2011
24

**WITHDRAWN** DECLARATION of Michael Shamos re: 2 MOTION for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit Resume of Michael Ian Shamos, # 2 Certificate of Service)(Joselson, Emily) Withdrawn on 7/19/2011 pursuant to 26 . (Entered: 07/18/2011)

July 18, 2011
25

MOTION in Limine to Bar Computer Demonstration During Preliminary Injunction Hearing filed by National Conference of Bar Examiners (Attachments: # 1 Exhibit A)(McAndrew, Karen) (Entered: 07/18/2011)

July 18, 2011
26

WITHDRAWAL of Document by Deanna L. Jones re 24 Declaration. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 07/19/2011)

July 19, 2011
27

REPLY to Response to 17 MOTION to Continue Hearing on 2 Motion for Preliminary Injunction filed by National Conference of Bar Examiners. (McAndrew, Karen) (Entered: 07/19/2011)

July 19, 2011
28

ORDER deferring ruling on 25 Motion in Limine. The court will address this motion as an evidentiary challenge at its July 22, 2011 hearing. Signed by Chief Judge Christina Reiss on 7/19/2011. (This is a text only Order.) (cle) (Entered: 07/19/2011)

July 19, 2011
29

ORDER denying 17 Motion to Continue. Plaintiff was entitled to request a hearing date for her pending motion for preliminary injunction and did not engage in a prohibited ex parte communication in doing so. While the better practice would be to communicate, in advance, with identified defense counsel regarding available dates, Plaintiff apparently did not do so. The court has attempted to accommodate both parties' needs in scheduling two days for hearing. The court will address Defendant's argument that Plaintiff manufactured her own emergency in the context of the pending motion. Signed by Chief Judge Christina Reiss on 7/19/2011. (This is a text only Order.) (cle) (Entered: 07/19/2011)

July 19, 2011
30

AFFIDAVIT of Caroline M. Mew re: 20 MOTION for Appearance Pro Hac Vice by National Conference of Bar Examiners. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Service)(law) (Entered: 07/20/2011)

July 19, 2011
31

AFFIDAVIT of Robert A. Burgoyne re: 20 MOTION for Appearance Pro Hac Vice by National Conference of Bar Examiners. (Attachments: # 1 Certificate of Good Standing)(law) (Entered: 07/20/2011)

July 19, 2011
32

NOTICE of Statement of Interest by United States of America re 2 MOTION for Preliminary Injunction (Kerest, Nikolas) (Main Document 32 replaced on 7/20/2011) (law). (Entered: 07/20/2011)

July 20, 2011
34

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by National Conference of Bar Examiners. (Attachments: # 1 Declaration of Erica Moeser, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration of Kent Brye, # 5 Declaration of Derek Binkley, # 6 Declaration of Joan Van Tol, # 7 Exhibit A, # 8 Declaration of Caroline Mew, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9)(McAndrew, Karen) Attachment descriptions clarified on 7/21/2011 (law). (Entered: 07/20/2011)

July 20, 2011
35

MOTION for Summary Judgment filed by National Conference of Bar Examiners (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Declaration of Erika Moeser, # 3 Exhibit A, # 4 Exhibit B, # 5 Declaration of Derek Binkley, # 6 Declaration of Joan Van Tol, # 7 Exhibit A, # 8 Declaration of Caroline Mew, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11)(McAndrew, Karen) Description of attachments clarified on 7/21/2011 (law). (Entered: 07/20/2011)

July 20, 2011
36

ORDER granting 20 Motion for Admission Pro Hac Vice re: Robert A. Burgoyne, Esq. and Caroline M. Mew, Esq. Signed by Chief Judge Christina Reiss on 7/20/2011. (This is a text only Order.) (cle) (Entered: 07/21/2011)

July 21, 2011
37

RESPONSE to the 34 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by National Conference of Bar Examiners. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McAndrew, Karen) Links added on 7/22/2011 (law). (Entered: 07/21/2011)

July 21, 2011
38

ORDER: re 16 Stipulation to Voluntarily Dismiss ACT, Inc. as a Defendant Without Prejudice . ACT, Inc. terminated. Signed by Chief Judge Christina Reiss on 7/22/2011. (pam) (Entered: 07/22/2011)

July 22, 2011
40

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Motion Hearing held on 7/22/2011 re 2 MOTION for Preliminary Injunction. Pltf present with Attorneys D. Goldstein, E. Joselson, M. Patton, T. Elder, and T. Coe. Attorneys K. McAndrew, C. Mew, and R. Burgoyne present on behalf of Def. The following witnesses, sworn by the clerk, testified on behalf of the pltf: Deanna Jones and Blanch Podhajski. Document 25 MOTION in Limine to Bar Computer Demonstration During Preliminary Injunction Hearing Orally Withdrawn. Hearing ends at 4:30 p.m. Hearing to continue on 8/1/2011 10:00 AM in Rutland Courtroom before Chief Judge Christina Reiss. (Court Reporter: A. Henry) (hbc) Text clarified to add reference to 25 on 8/30/2011 (jlh). (Entered: 07/25/2011)

July 22, 2011
39

NOTICE of Hearing re: 2 MOTION for Preliminary Injunction. Continuation of Motion Hearing set for 8/1/2011 at 10:00 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pam) (Entered: 07/25/2011)

July 25, 2011
41

NOTICE of Document Withdrawal by Deanna L. Jones re 2 Motion for Preliminary Injunction; Declaration of Michele B. Patton (attachments 2 − 12) withdrawn. (pam) (Entered: 07/26/2011)

July 26, 2011
42

DECLARATION of Michele B. Patton re: 2 MOTION for Preliminary Injunction by Deanna L. Jones. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (image is sealed), # 5 Exhibit E (unredacted/sealed), # 6 Exhibit E (redacted), # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (pam) (Entered: 07/26/2011)

July 26, 2011
43

ANSWER to 1 Complaint by National Conference of Bar Examiners.(McAndrew, Karen) (Entered: 07/27/2011)

July 27, 2011
44

CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by National Conference of Bar Examiners. (McAndrew, Karen) (Entered: 07/27/2011)

July 27, 2011
46

SECOND DECLARATION of Joan Van Tol re: 35 MOTION for Summary Judgment, 2 MOTION for Preliminary Injunction by National Conference of Bar Examiners. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McAndrew, Karen) Link added &text clarified on 7/29/2011 (law). (Entered: 07/28/2011)

July 28, 2011
47

CERTIFICATE OF SERVICE by National Conference of Bar Examiners re 46 Declaration (McAndrew, Karen) (Entered: 07/28/2011)

July 28, 2011
49

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Hearing held on 8/1/2011 re: 2 MOTION for Preliminary Injunction. D. Goldstein, Esq., T. Coe, Esq., E. Joselson, Esq. &M. Patton, Esq. present with plaintiff. R. Burgoyne, Esq., K. McAndrew, Esq. &C. Mew, Esq. present for dft. N. Kerest, AUSA present for gov't. Hearing continued from 7/22/2011. The following witnesses were sworn by the Clerk and examined for the pltf: Stephen Feltus &Geoffrey Howard. Erica Moeser was sworn by the clerk and examined as a witness for the dft. Counsel make statements and court makes inquiries. Evidence closed at 4:30. Closing arguments by counsel. ORDERED: A ruling on the motion will be filed by noon on 8/2/2011. (Court Reporter: Anne Henry) (pjl) (Entered: 08/02/2011)

Aug. 1, 2011
50

CERTIFICATE of Counsel re 48 Order on Motion for Preliminary Injunction by Emily J. Joselson, Esq on behalf of Deanna L. Jones (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 08/03/2011)

Aug. 3, 2011
51

MOTION to Modify 48 Order on Motion for Preliminary Injunction and MOTION for a Conditional Stay filed by National Conference of Bar Examiners. (McAndrew, Karen). Added MOTION to Stay on 8/5/2011 (law). (Entered: 08/04/2011)

Aug. 4, 2011
52

ORDER granting in part 51 MOTION to Modify Preliminary Injunction and Conditional Motion for a Stay. The court grants modification of 48 Order as to NCBE providing Plaintiff with updated versions of the ZoomText and Kurzweil 3000 software. Signed by Chief Judge Christina Reiss on 8/5/2011. (This is a text only Order.) (pjl) (Entered: 08/05/2011)

Aug. 5, 2011
53

NOTICE of Withdrawal of Pending Summary Judgment Motion by National Conference of Bar Examiners re 35 MOTION for Summary Judgment (McAndrew, Karen) (Entered: 08/11/2011)

Aug. 11, 2011
54

NOTICE OF APPEAL as to 48 Order on Motion for Preliminary Injunction by National Conference of Bar Examiners (McAndrew, Karen) (Entered: 08/15/2011)

Aug. 15, 2011
55

RESPONSE in Opposition re 51 MOTION to Modify 48 Order on Motion for Preliminary Injunction and MOTION for a Conditional Stay filed by Deanna L. Jones. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 08/15/2011)

Aug. 15, 2011

USCA Appeal Fees received $455.00; receipt number 4682006021 re: 54 Notice of Appeal filed by dft National Conference of Bar Examiners (kac) (Entered: 08/16/2011)

Aug. 16, 2011
56

APPEAL RECORD Sent to USCA Circuit No. 11−3355−cv (Electronic File). Indexed record on Appeal for 54 Notice of Appeal transmitted to U.S. Court of Appeals. (gmg) (Entered: 09/02/2011)

Sept. 2, 2011
59

ORDER approving 58 Parties' Stipulation to Partial Stay. Signed by Chief Judge Christina Reiss on 10/19/2011. (This is a text only Order.)(cle) (Entered: 10/20/2011)

Oct. 20, 2011
60

UNOPPOSED MOTION to Amend 1 Complaint filed by Deanna L. Jones. (Attachments: # 1 Proposed Amended Complaint (redlined) , # 2 Proposed Amended Complaint) (pam) (Entered: 12/28/2011)

Dec. 28, 2011
61

ORDER granting 60 UNOPPOSED MOTION to 1 Amend Complaint. Signed by Chief Judge Christina Reiss on 12/29/2011. (This is a text only Order.) (pjl) (Entered: 12/29/2011)

Dec. 29, 2011
62

AMENDED COMPLAINT against National Conference of Bar Examiners filed by Deanna L. Jones. (pam) (Entered: 12/30/2011)

Dec. 29, 2011
63

ANSWER to 62 Amended Complaint by National Conference of Bar Examiners.(McAndrew, Karen) (Entered: 01/13/2012)

Jan. 13, 2012
64

Entry has been removed from the docket. (Entered: 04/26/2012)

April 26, 2012
65

NOTICE OF DOCKET ENTRY REMOVAL. Document 64 has been removed from the docket as being entered prematurely. (jlh) (Entered: 05/17/2012)

May 17, 2012
66

MANDATE of USCA Circuit No. 11−3355−cv as to 54 Notice of Appeal. The appeal of the judgment is dismissed as moot and case is remanded to the district court for further proceedings. (law) (Entered: 05/17/2012)

May 17, 2012
67

LETTER re: status report by National Conference of Bar Examiners. (Attachments: # 1 Certificate of Service)(McAndrew, Karen) Text clarified on 6/17/2012 (law). (Entered: 06/14/2012)

June 14, 2012
68

NOTICE of Hearing: Status Conference set for 7/9/2012 at 9:30 AM in Rutland Courtroom before Chief Judge Christina Reiss. (pam) (Entered: 06/22/2012)

June 22, 2012
69

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Status Conference held on 7/9/2012. D. Goldstein, Esq., E. Joselson, Esq., M. Patton, Esq. &T. Coe, Esq. present for pltf. K. McAndrew, Esq. &R. Burgoyne, Esq. present for dfts. All parties present by telephone. Court makes inquiries and counsel make statements. Counsel states that settlement is in progress except for settlement of fees for which a deadline of 9/30/12 has been set. If the fee issue is not resolved by then, the parties will notify the court. Counsel will submit a stipulation as to partial settlement within the next two weeks. (Court Reporter: Anne Henry) (pjl) (Entered: 07/09/2012)

July 9, 2012
70

STIPULATION by National Conference of Bar Examiners, Deanna L. Jones. (Attachments: # 1 Certificate of Service)(McAndrew, Karen) Filer added on 7/23/2012 (jlh). (Entered: 07/18/2012)

July 18, 2012
71

STIPULATION AND ORDER re: Partial Settlement. Motion to recover fees due by 10/1/2012. Response due 10/22/2012. Reply due by 10/29/2012. Signed by Chief Judge Christina Reiss on 7/23/2012. (pam) (Entered: 07/24/2012)

July 24, 2012
72

JOINT MOTION for Entry of Final Judgment filed by Deanna L. Jones, National Conference of Bar Examiners. (Attachments: # 1 Proposed Final Judgment, # 2 Certificate of Service)(McAndrew, Karen) (Entered: 08/09/2012)

Aug. 9, 2012
73

JUDGMENT Amended Complaint dismissed with prejudice. Plaintiff awarded two hundred and seventy five thousand dollars ($275,000) in attorneys' fees and costs, to be paid by or on behalf of Defendant National Conference of Bar Examiners. Signed by Chief Judge Christina Reiss on 8/13/2012. (pam) (Entered: 08/14/2012)

Aug. 13, 2012

State / Territory: Vermont

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: July 1, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

legally blind and learning disabled law student

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

ACT, Inc., Private Entity/Person

National Conference of Bar Examiners, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $275,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Screen readers and similar accessibility devices

Testing

Test or device

Discrimination-area:

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Visual impairment

Mental Disability:

Learning disability

Type of Facility:

Non-government non-profit