Case: National Association of the Deaf v. Massachusetts Institute of Technology

3:15-cv-30024 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 12, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 12, 2015, the National Association of the Deaf (NAD), on behalf of its members (including three named in the complaint) and a proposed class, filed this lawsuit in the U.S. District Court for the District of Massachusetts. Under Section 504 of the Rehabilitation Act and Title III of the Americans with Disabilities Act, the plaintiffs sued Massachusetts Institute of Technology (MIT). The plaintiffs were represented by attorneys from the Disability Law Center, Civil Rights Education …

On February 12, 2015, the National Association of the Deaf (NAD), on behalf of its members (including three named in the complaint) and a proposed class, filed this lawsuit in the U.S. District Court for the District of Massachusetts. Under Section 504 of the Rehabilitation Act and Title III of the Americans with Disabilities Act, the plaintiffs sued Massachusetts Institute of Technology (MIT). The plaintiffs were represented by attorneys from the Disability Law Center, Civil Rights Education and Enforcement Center, Disability Rights Education and Defense Fund, the National Association of the Deaf Law and Advocacy Center, and private counsel. The plaintiffs sought a permanent injunction that would require MIT to provide accurate captioning on its online content. The plaintiffs claimed that MIT willfully violated the Rehabilitation Act and Americans with Disabilities Act by not providing captioned video and audio content on its platforms and therefore excluded deaf and hard of hearing individuals from benefiting from said content.

The plaintiffs alleged that based on information and belief, MIT did not have administrative procedures or policies in place to ensure that its online content had accurate captioning, whether or not that content had been created or produced by MIT itself. This issue extended back to 2010, when the U.S. Department of Justice and the U.S. Department of Education issued a joint letter to university colleges and presidents to make clear that the requirements of § 504 and ADA include technological devices when used by places of public accommodation. The following year, the Department of Education released an FAQ explaining that letter, indicating that its contents were predicated on legal precedents and that the letter would apply to all forms of emerging technology, including online content. Additionally, MIT has stated on its website how important captioning is to deaf and hard of hearing individuals. Despite all this and repeated requests from the NAD, MIT has yet to accurately caption much of its online content.

After the initial filing of the complaint on February 12, 2015, MIT filed a motion to dismiss on May 11, 2015, citing issues of jurisdiction and a failure to state a cause of action. There were a number of responses on MIT's motion, including the filing of an Amicus Brief by a representative from the U.S. Department of Justice. While not directly involved in the case, the DOJ was an interested party and appeared to agree with the plaintiffs on this issue. On September 10, 2015, there was a hearing on the motion to dismiss held before the Magistrate Judge Katherine A. Robertson. On February 9, 2016, Judge Robertson issued a report and recommended that the motion be denied in its entirety, for reasons identical to those in the related case the NAD filed at the same time against Harvard University. National Association of the Deaf v. Harvard University. Judge Mark Mastroianni adopted Judge Robertson’s reasoning and denied the motion to dismiss on November 4, 2016. On May 10, 2017, the parties agreed to try to settle the dispute using a private mediator. The parties met with a mediator over the course of several months but were ultimately unable to reach an agreement, and initial pretrial deadlines were set on July 23, 2018.

On August 24, 2018, MIT filed a motion for judgment on the pleadings to all claims. On March 28, 2019, Judge Katherine A. Robertson denied the motion in part, but granted it in part, for the same reasons under which a similar motion was granted in part in the lawsuit involving Harvard; MIT was entitled to immunity under the Communications Decency Act of 1996 (477 U.S.C. §230) when publishing third-party's content, but not content created in whole or in part by MIT or by someone associated with it.

Judge Robertson referred the case to mediation on August 23, 2019. After several rounds of mediation, the parties reached a consent decree, and Judge Robertson granted preliminary approval of the decree on March 27, 2020 (2020 WL 1495903, D. Mass.). The plaintiffs only sought injunctive relief to make MIT's online content in line with national standards for disability accessibility.

The parties are notifying members of the class. Final approval of the settlement agreement is pending.

Summary Authors

Carolyn Weltman (10/5/2015)

Rachel Carpman (11/19/2018)

Daniele de Oliveira Nunes (4/21/2019)

Ellen Aldin (5/22/2020)

Related Cases

National Association of the Deaf v. Harvard University, District of Massachusetts (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4275842/parties/national-association-of-the-deaf-v-massachusetts-institute-of-technology/


Judge(s)

Mastroianni, Mark Gerald (Massachusetts)

Robertson, Katherine A (Massachusetts)

Attorneys(s) for Plaintiff

Charmatz, Marc P. (Maryland)

Cochran, Shaylyn Capri (District of Columbia)

Eichner, Stanley J. (Missouri)

Fox, Timothy Patrick (Colorado)

Glassman, Richard M. (Massachusetts)

Griffin, Christine M. (Massachusetts)

Gupta, Namita (California)

Jackson, Caroline E. (Maryland)

Judge(s)

Mastroianni, Mark Gerald (Massachusetts)

Robertson, Katherine A (Massachusetts)

Attorneys(s) for Plaintiff

Charmatz, Marc P. (Maryland)

Cochran, Shaylyn Capri (District of Columbia)

Eichner, Stanley J. (Missouri)

Fox, Timothy Patrick (Colorado)

Glassman, Richard M. (Massachusetts)

Griffin, Christine M. (Massachusetts)

Gupta, Namita (California)

Jackson, Caroline E. (Maryland)

Lee, Bill Lann (California)

Mayerson, Arlene Brynne (California)

Morris, Sarah (Colorado)

Murphy, Thomas P. (Massachusetts)

Myers, Carly A. (California)

Parton, Caitlin (Massachusetts)

Pritchard, Tatum A. (Massachusetts)

Rosenblum, Howard A (Maryland)

Sellers, Joseph Marc (District of Columbia)

Wilensky, Julie H. (California)

Attorneys(s) for Defendant

Braceras, Roberto M. (Massachusetts)

Grumer, Janet (California)

Hoeplinger, Stephen M. (Missouri)

Jay, William M. (District of Columbia)

Johnson, Jeffrey R. (District of Columbia)

Kim, Andrew (District of Columbia)

Luz, Jennifer B. (Massachusetts)

Morrison, Christopher M. (Massachusetts)

Naeve, Robert A (California)

Other Attorney(s)

Lanvers, Charlotte L. (District of Columbia)

Documents in the Clearinghouse

Document

3:15-cv-30024

Docket

May 22, 2020

May 22, 2020

Docket
1

3:15-cv-30024

Class Action Complaint for Declaratory and Injunctive Relief

Feb. 12, 2015

Feb. 12, 2015

Complaint
34

3:15-cv-30024

Amicus Brief

June 25, 2015

June 25, 2015

Pleading / Motion / Brief
159

3:15-cv-30024

Memorandum and Order Regarding Defendant's Motion for Judgment and Pleadings

2019 WL 1409301

March 28, 2019

March 28, 2019

Order/Opinion
209

3:15-cv-30024

Memorandum and Order Regarding Plaintiffs' Assented-To Motion to Certify the Class for Settlement Purposes and for Preliminary Approval of Class Action Settlement

2020 WL 1495903

March 27, 2020

March 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4275842/national-association-of-the-deaf-v-massachusetts-institute-of-technology/

Last updated Aug. 5, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action for Declaratory and Injunctive Relief against All Defendants Filing fee: $ 400, receipt number 0101-5404088 (Fee Status: Filing Fee paid), filed by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Proposed Summons)(Murphy, Thomas) (Attachment 1 and Attachment 2 replaced on 2/12/2015 with cover and category sheets in the correct PDF format) (Finn, Mary). Modified on 2/12/2015 (Finn, Mary). (Entered: 02/12/2015)

1 Civil Cover Sheet

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2 Category Form

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3 Proposed Summons

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Feb. 12, 2015

Feb. 12, 2015

RECAP
2

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Abaid, Kimberly) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
3

Summons Issued as to Massachusetts Institute of Technology. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Finn, Mary) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

RECAP
4

MOTION for Leave to Appear Pro Hac Vice for admission of Bill Lann Lee, Julie Wilensky Filing fee: $ 200, receipt number 0101-5404618 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit Certificate of Bill Lann Lee, # 2 Exhibit Signature of Julie Wilensky)(Murphy, Thomas) (Entered: 02/12/2015)

1 Exhibit Certificate of Bill Lann Lee

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2 Exhibit Signature of Julie Wilensky

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Feb. 12, 2015

Feb. 12, 2015

PACER
5

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Bill Lann Lee and Julie Wilensky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
6

MOTION for Leave to Appear Pro Hac Vice for admission of Arlene Mayerson, Namita Gupta Filing fee: $ 200, receipt number 0101-5404815 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit Signature of Arlene Mayerson, # 2 Exhibit Signature of Namita Gupta)(Murphy, Thomas) (Entered: 02/12/2015)

1 Exhibit Signature of Arlene Mayerson

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2 Exhibit Signature of Namita Gupta

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Feb. 12, 2015

Feb. 12, 2015

PACER
7

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Arlene B. Mayerson and Namita Gupta. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
8

CORPORATE DISCLOSURE STATEMENT by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Murphy, Thomas) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Timothy Fox, Sarah Morris Filing fee: $ 200, receipt number 0101-5410910 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit Signature of Timothy Fox, # 2 Exhibit Signature of Sarah Morris)(Murphy, Thomas) (Entered: 02/17/2015)

1 Exhibit Signature of Timothy Fox

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2 Exhibit Signature of Sarah Morris

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Feb. 17, 2015

Feb. 17, 2015

PACER
10

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Timothy Fox and Sarah Morris. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
11

AFFIDAVIT OF SERVICE Executed by Lee Nettles, National Association of the Deaf, Christy Smith, C. Wayne Dore, Diane Nettles. All Defendants. Acknowledgement filed by Lee Nettles, National Association of the Deaf, Christy Smith, C. Wayne Dore, Diane Nettles. (Murphy, Thomas) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
12

MOTION for Leave to Appear Pro Hac Vice for admission of Caroline Jackson, Marc Charmatz Filing fee: $ 200, receipt number 0101-5419524 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit M. Charmatz signature, # 2 Exhibit C. Jackson signature)(Murphy, Thomas) (Entered: 02/23/2015)

1 Exhibit M. Charmatz signature

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2 Exhibit C. Jackson signature

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Feb. 23, 2015

Feb. 23, 2015

PACER
13

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added Caroline E. Jackson and Marc P. Charmatz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
14

Assented to MOTION for Extension of Time to May 11, 2015 to File Answer re 1 Complaint,, by Massachusetts Institute of Technology.(Morrison, Christopher) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

RECAP
15

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Morrison, Christopher) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

RECAP
16

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Robert A. Naeve Filing fee: $ 100, receipt number 0101-5440654 by Massachusetts Institute of Technology. (Attachments: # 1 Exhibit A)(Morrison, Christopher) (Entered: 03/05/2015)

1 Exhibit A

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March 5, 2015

March 5, 2015

PACER
17

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice Added Robert A. Naeve. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
18

NOTICE of Appearance by Christopher M. Morrison on behalf of Massachusetts Institute of Technology (Morrison, Christopher) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

RECAP
19

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 14 Motion for Extension of Time to Answer re 1 Complaint,, Massachusetts Institute of Technology answer due 5/11/2015. (Finn, Mary) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
20

NOTICE of Change of Address or Firm Name by Julie Wilensky (Wilensky, Julie) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
21

Assented to MOTION for Leave to File Memorandum of Law in Support of Defendant's Motion to Stay or Dismiss the Complaint by Massachusetts Institute of Technology.(Morrison, Christopher) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

RECAP
22

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 21 Motion for Leave to File Document In Excess of Twenty Pages. Allowed, up to thirty-five pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Healy, Bethaney) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
23

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey R. Johnson Filing fee: $ 100, receipt number 0101-5552467 by Massachusetts Institute of Technology. (Attachments: # 1 Declaration of Jeffrey R. Johnson, Esq.)(Morrison, Christopher) (Entered: 05/11/2015)

1 Declaration of Jeffrey R. Johnson, Esq.

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May 11, 2015

May 11, 2015

PACER
24

MOTION to Stay re 1 Complaint,, or MOTION to Dismiss by Massachusetts Institute of Technology.(Naeve, Robert). Added an additional relief - MOTION to Dismiss on 5/12/2015. (Finn, Mary). (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
25

MEMORANDUM in Support re 24 MOTION to Stay re 1 Complaint,, or to Dismiss filed by Massachusetts Institute of Technology. (Naeve, Robert) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

RECAP
26

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 23 Motion for Leave to Appear Pro Hac Vice Added Jeffrey R. Johnson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
27

Assented to MOTION for Extension of Time to 06/25/2015 to File Response/Reply as to 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith.(Wilensky, Julie) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
28

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time to File Response/Reply re 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss Responses due by 6/25/2015. (Finn, Mary) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
29

MOTION for Leave to File Excess Pages by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith.(Fox, Timothy) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
30

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 29 Motion for Leave to File to file memorandum in Excess of 20 Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
31

NOTICE of Appearance by Charlotte L. Lanvers on behalf of The United States (Lanvers, Charlotte) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
32

MOTION for Leave to File a Statement of Interest in Excess of 20 Pages by The United States.(Lanvers, Charlotte) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

PACER
33

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 32 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
34

AMICUS BRIEF filed by The United States . (Lanvers, Charlotte) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

RECAP
35

Opposition re 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Appendix Appendix of Filings from Other Cases, # 2 Appendix Appendix A, # 3 Appendix Appendix B, # 4 Appendix Appendix C, # 5 Appendix Appendix D, # 6 Appendix Appendix E)(Murphy, Thomas) (Entered: 06/25/2015)

1 Appendix Appendix of Filings from Other Cases

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2 Appendix Appendix A

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3 Appendix Appendix B

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4 Appendix Appendix C

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5 Appendix Appendix D

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6 Appendix Appendix E

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June 25, 2015

June 25, 2015

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36

ELECTRONIC NOTICE issued requesting courtesy copy for 35 Opposition to Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 7/3/2015. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
37

Remark - Courtesy copy of document 35 received and placed in the file. (Finn, Mary) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
38

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson Referred for: Full Pretrial, No Dispositive Motions (ptn). Motions referred: 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss. Further information: for Report and Recommendation..(Pelegano, Theresa) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
39

MOTION for Leave to File Reply Memorandum by July 24, 2015 by Massachusetts Institute of Technology.(Morrison, Christopher) Modified on 6/30/2015 to correct date. (Calderon, Melissa) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
40

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 39 defendant's Motion for Leave to File Reply Memorandum by July 24, 2015. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Robertson, Katherine) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
41

REPLY to Response to 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by Massachusetts Institute of Technology. (Naeve, Robert) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

RECAP
42

ELECTRONIC NOTICE Setting Hearing on MOTION to Stay or Dismis (Dkt. No. 23 in 3:15-cv-30023-MGM) and MOTION to Stay or Dismiss (Dkt. No. 24 in 3:15-cv-30024-MGM) ISSUED: A Motion Hearing is set for 9/10/2015 at 2:30 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
43

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Motion Hearing re MOTION to Stay or Dismis (Dkt. No. 23 in 3:15-cv-30023-MGM) and MOTION to Stay or Dismiss (Dkt. No. 24 in 3:15-cv-30024-MGM) was held on 9/10/2015. Attorneys Present: Arlene B. Mayerson, Timothy P. Fox, Robert A. Naeve, Christopher M. Morrison and Charlotte L. Lanvers. Arguments were heard on the pending motions. This matter is taken under advisement. R&R to issue. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 09/11/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
44

Transcript of Motion Hearing held on September 10, 2015, before Magistrate Judge Katherine A. Robertson. The Transcript may be purchased through Janice Russell at trussell31@tdsmail.com, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Janice Russell. Redaction Request due 10/20/2015. Redacted Transcript Deadline set for 10/30/2015. Release of Transcript Restriction set for 12/28/2015. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Scalfani, Deborah) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
45

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Scalfani, Deborah) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
46

NOTICE of Change of Address or Firm Name by Thomas P. Murphy for Julie Wilensky and Bill Lann Lee (Murphy, Thomas) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
47

NOTICE by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith re 35 Opposition to Motion, Notice of Supplemental Authority in Support of Opposition to Motion to Dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Murphy, Thomas) (Entered: 11/20/2015)

1 Exhibit 1

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2 Exhibit 2

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Nov. 20, 2015

Nov. 20, 2015

PACER
48

NOTICE by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith re 35 Opposition to Motion, Second Notice of Supplemental Authority in Support of Opposition to Motion to Dismiss (Attachments: # 1 Exhibit 1)(Murphy, Thomas) (Entered: 11/24/2015)

1 Exhibit 1

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Nov. 24, 2015

Nov. 24, 2015

PACER
49

Notice of Supplemental Authorities re 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss (Attachments: # 1 Exhibit DOJ, Statement of Regulatory Priorities (November 24, 2015))(Naeve, Robert) (Entered: 12/04/2015)

1 Exhibit DOJ, Statement of Regulatory Priorities (November 24, 2015)

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Dec. 4, 2015

Dec. 4, 2015

PACER
50

NOTICE of Withdrawal of Appearance by Thomas P. Murphy of Sarah Morris (Murphy, Thomas) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
51

Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS re Defendant's 24 MOTION to Stay or Dismiss. For the reasons stated, it is this Court's recommendation that the Defendant's Motion to Stay or Dismiss be denied in its entirety. See attached R&R for complete details. Objections to R&R due by 2/23/2016.(Calderon, Melissa) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
52

NOTICE of Appearance by Roberto M. Braceras on behalf of Massachusetts Institute of Technology (Braceras, Roberto) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
53

NOTICE of Appearance by Stephen M. Hoeplinger on behalf of Massachusetts Institute of Technology (Hoeplinger, Stephen) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
54

Assented to MOTION for Extension of Time to March 18, 2016 to File Objections to Magistrate Judge's Report and Recommendation by Massachusetts Institute of Technology.(Braceras, Roberto) Modified on 2/17/2016 to change the relief type of the motion to Motion to ext. time to filed resp./reply. (Finn, Mary). (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
55

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting (53) Motion for Extension of Time to File Response/Reply re (51 in 3:15-cv-30024-MGM) RESPONSES/OBJECTIONS due by 3/18/2016. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Finn, Mary) Modified on 2/19/2016 to clean up the text. (Finn, Mary). (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
56

Set/Reset Deadlines as to 51 REPORT AND RECOMMENDATIONS. Defts' Objections due by 3/18/2016. (Finn, Mary) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
57

SUGGESTION OF DEATH Upon the Record as to Diane Nettles by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Murphy, Thomas) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
58

NOTICE of Withdrawal of Appearance by Christopher M. Morrison of Christopher M. Morrison (Morrison, Christopher) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
59

NOTICE of Withdrawal of Appearance by Christopher M. Morrison of Robert A. Naeve (Morrison, Christopher) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
60

NOTICE of Withdrawal of Appearance by Christopher M. Morrison of Jeffrey R. Johnson (Morrison, Christopher) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
61

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of William M. Jay Filing fee: $ 100, receipt number 0101-6025781 by Massachusetts Institute of Technology. (Attachments: # 1 Exhibit A)(Braceras, Roberto) (Entered: 03/17/2016)

1 Exhibit A

View on PACER

March 17, 2016

March 17, 2016

PACER
62

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 61 Motion for Leave to Appear Pro Hac Vice Added William M. Jay. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
63

OBJECTION to 51 Report and Recommendations filed by Massachusetts Institute of Technology. (Braceras, Roberto) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
64

Assented to MOTION for Extension of Time to 4/8/16 to File Response/Reply as to 63 Objection to Report and Recommendations by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith.(Murphy, Thomas) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
65

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 64 Motion for Extension of Time to File Response/Reply re 51 REPORT AND RECOMMENDATIONS re 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by Massachusetts Institute of Technology Recommendation: DENY. Pltfs' Reply due by 4/8/2016. (Finn, Mary) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
66

REPLY TO OBJECTION to 51 Report and Recommendations filed by The United States. (Lanvers, Charlotte) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
67

REPLY TO OBJECTION to 51 Report and Recommendations filed by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith. (Murphy, Thomas) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
68

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered regarding 63 Defendant's Objection to Report and Recommendations, 67 Plaintiffs' Reply to Objection, and 66 United States of America's Reply to Objection. The Court wishes to clarify that it will not hold a hearing on the parties responses to the 51 Report and Recommendations. While the Court is mindful of Defendant's request in its Objection to hold a hearing, the Court notes that a hearing was already held before Judge Robertson issued her Report and Recommendations. The issues before the Court are largely questions of law and, given the thorough briefing and the hearing that has already occurred in this case, an additional hearing would not assist the Court in resolving the issues. (Montes, Mariliz) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
69

MOTION for Leave to File Reply in Support of Its Objections to the Magistrate Judge's Report and Recommendation by Massachusetts Institute of Technology. (Attachments: # 1 Proposed Reply)(Braceras, Roberto) (Entered: 04/27/2016)

1 Proposed Reply

View on PACER

April 27, 2016

April 27, 2016

PACER
70

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 69 Motion for Leave to File Reply in Support to its Objections ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
71

REPLY by Massachusetts Institute of Technology in support of 63 Objection to Report and Recommendations Reply In Support (Braceras, Roberto) Modified on 5/2/2016 to correct the text to reflect the document that is being filed. (Finn, Mary). (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
72

NOTICE of Appearance by Jennifer B. Luz on behalf of Massachusetts Institute of Technology (Luz, Jennifer) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
73

NOTICE of Withdrawal of Appearance by Stephen M. Hoeplinger (Hoeplinger, Stephen) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
74

Motions Taken Under Advisement: 51 REPORT AND RECOMMENDATIONS re 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by Massachusetts Institute of Technology Recommendation: DENY (Montes, Mariliz) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
75

NOTICE of Withdrawal of Appearance by Julie Wilensky (Wilensky, Julie) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
76

Notice of Supplemental Authorities re 51 REPORT AND RECOMMENDATIONS re 24 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by Massachusetts Institute of Technology Recommendation: DENY filed by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith. (Attachments: # 1 Appendix)(Murphy, Thomas) (Entered: 09/23/2016)

1 Appendix

View on PACER

Sept. 23, 2016

Sept. 23, 2016

PACER
77

Response by Massachusetts Institute of Technology to 76 Notice of Supplemental Authorities, . (Braceras, Roberto) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
78

Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court adopts Judge Robertson's 51 Report and Recommendations in full and the Defendants 24 Motion to Stay or Dismiss is hereby DENIED. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

RECAP
79

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Kim Filing fee: $ 100, receipt number 0101-6372621 by Massachusetts Institute of Technology. (Attachments: # 1 Exhibit A)(Braceras, Roberto) (Entered: 11/14/2016)

1 Exhibit A

View on PACER

Nov. 14, 2016

Nov. 14, 2016

PACER
80

Assented to MOTION for Extension of Time to December 9, 2016 to File Answer re 1 Complaint,, by Massachusetts Institute of Technology.(Braceras, Roberto) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
81

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 79 Motion for Leave to Appear Pro Hac Vice. Added: Andrew Kim. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Calderon, Melissa) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
82

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Assented-to 80 MOTION to Extend Time to Answer the Complaint. Answer due by no later than December 9, 2016. (Calderon, Melissa) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
83

ANSWER to 1 Complaint,, by Massachusetts Institute of Technology.(Braceras, Roberto) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
84

NOTICE of Scheduling Conference. Scheduling Conference set for 1/17/2017 11:30 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. Joint Statement due by 1/10/2017.(Finn, Mary) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
85

Assented to MOTION to Continue Scheduling Conference to February 14, 15, 16 or 17, 2017 by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith.(Murphy, Thomas) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
86

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Janet Grumer Filing fee: $ 100, receipt number 0101-6427961 by Massachusetts Institute of Technology. (Attachments: # 1 Exhibit A)(Braceras, Roberto) (Entered: 12/22/2016)

1 Exhibit A

View on PACER

Dec. 22, 2016

Dec. 22, 2016

PACER
87

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 85 Motion to Continue the Scheduling Conference. The Scheduling Conference is reset to 2/14/2017 02:00 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson; granting 86 Motion for Leave to Appear Pro Hac Vice. Added Janet Grumer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. . (Finn, Mary) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
88

Joint MOTION for Hearing by Telephone by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith.(Murphy, Thomas) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
89

Joint MOTION for Extension of Time to Comply with Federal Rule of Civil Procedure 26(f) and Local Rule 16.1 by Massachusetts Institute of Technology.(Braceras, Roberto) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
90

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 88 Motion to appear at the scheduling conference set to 2/14/2017 by telephone; granting 89 Joint MOTION for Extension of Time to Comply with Federal Rule of Civil Procedure 26(f) and Local Rule 16.1. Telephone Conference Information e-mailed to counsel who will participate by telephone, the other counsel will appear in person. (Finn, Mary) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
91

Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Scheduling Conference held on 2/14/2017. Attorneys Present: Thomas P. Murphy, Timothy P. Fox (by telephone), Arlene B. Mayerson (by telephone), Stanley Eichner (by telephone), Caitlin Parton (by telephone), Roberto M. Braceras, Jennifer Luz, William M. Jay (by telephone), and Janet Grumer (by telephone). Colloquy re: status of the case. The parties are working closely towards trying to narrow the issues and/or possible resolution. A further Scheduling Conference is set for 4/4/2017 at 2:30 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. A joint status report report shall be filed by no later than 3/31/2017. (Court Reporter: Digital Recording. To order a copy of this Digital Recording, please go to https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recotranscript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 02/15/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
92

STATUS REPORT (JOINT) and Motion to Continue Scheduling Conference by Massachusetts Institute of Technology. (Braceras, Roberto) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
93

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered re Joint Status Report (Dkt. 92 ). A further status report shall be filed by no later than 5/3/2017. The parties' request to continue has been allowed inasmuch as the Scheduling Conference shall be rescheduled. The proposed date, however, is not available. The Scheduling Conference is reset for 5/10/2017 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. No further extensions should be anticipated. Associated Cases: 3:15-cv-30023-MGM & 3:15-cv-30024-MGM. (Calderon, Melissa) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
94

STATUS REPORT (JOINT) by Massachusetts Institute of Technology. (Braceras, Roberto) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
95

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered. The parties are directed to appear on May 10, 2017 at 11:00 a.m. for a status conference to report in further detail concerning the status of potential mediation. Counsel who desire to appear by telephone at the status conference may file a motion requesting leave to do so. (Robertson, Katherine) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
96

Joint MOTION for Hearing by Telephone (Status Conference 05/10/2017) by Massachusetts Institute of Technology.(Braceras, Roberto) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
97

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting (96) Motion for Certain Counsel to appear at the 5/10/2017 Status Conference by telephone in case 3:15-cv-30023-MGM; granting (96) Motion for Certian Counsel to Appear at the 5/10/2017 Status Conference by telephone in case 3:15-cv-30024-MGM. Telephone call in information e-mailed to counsel this date. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Finn, Mary) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
98

Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Scheduling Conference held on 5/10/2017. Attorneys Present: Thomas P. Murphy, Caroline Jackson (by telephone), Stanley Eichner (by telephone), Caitlin Parton (by telephone), Roberto M. Braceras, Jennifer Luz, William M. Jay (by telephone), Andrew Kim (by telephone), Janet Grumer (by telephone) and Namita Gupta (by telephone). Colloquy re: status of the case. Further deadlines were established. A status report, informing the selection of the private mediator, shall be filed by no later than 5/19/2017; a status report, notifying the timetable of the mediation schedule, shall be filed by no later than 6/2/2017; and a Status Conference is set for 8/2/2017 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. No further deadlines were set. (Court Reporter: Digital Recording. To order a copy of this Digital Recording, please go to https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@ Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 05/15/2017)

May 10, 2017

May 10, 2017

PACER
99

STATUS REPORT (JOINT) by Massachusetts Institute of Technology. (Braceras, Roberto) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
100

STATUS REPORT (Joint) by Massachusetts Institute of Technology. (Braceras, Roberto) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 12, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit, civil rights organization for deaf and hard of hearing people and three individuals who are limited in their ability to hear (two of whom are members of the organization).

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Massachusetts Institute of Technology (Cambridge, Massachusetts, Middlesex), Private Entity/Person

Defendant Type(s):

College/University

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Amount Defendant Pays: $0

Issues

General:

Communication skills

School/University policies

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Non-government non-profit