Case: National Federation of the Blind v. Scribd, Inc.

2:14-cv-00162 | U.S. District Court for the District of Vermont

Filed Date: July 29, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 29, 2014, the National Federation of the Blind, a national organization representing the interests of blind and visually-impaired Americans, filed this lawsuit in the U.S. District Court of Vermont. The plaintiffs sued the online eBook company Scribd under Title III of the Americans with Disabilities Act (“ADA”). Represented by private counsel and Disability Rights Advocates, the plaintiff asserted that Scribd discriminated against blind persons in violation of the ADA by failing to pro…

On July 29, 2014, the National Federation of the Blind, a national organization representing the interests of blind and visually-impaired Americans, filed this lawsuit in the U.S. District Court of Vermont. The plaintiffs sued the online eBook company Scribd under Title III of the Americans with Disabilities Act (“ADA”). Represented by private counsel and Disability Rights Advocates, the plaintiff asserted that Scribd discriminated against blind persons in violation of the ADA by failing to provide full and equal enjoyment of the site’s services (i.e. exclusively visual interface inaccessible to the blind, buttons inaccessible using screen access software, etc.). The plaintiff asked the district court to grant a permanent injunction that would require the defendant to make its website services and apps fully accessible to and independently usable by blind persons. The plaintiffs also asked for declaratory and monetary relief. The case was assigned to Judge William K. Sessions III.

On October 29, 2014, the defendant filed a motion to dismiss for failure to state a claim, arguing that the ADA only applied to physical places of public accommodation. The court denied the motion on March 19, 2015 and found that Title III applies to internet-based retailers and service providers. 97 F.Supp.3d 565. The defendant sought a stay for an interlocutory appeal, asserting that the district court's order involved a controlling question of law with substantial ground for difference of opinion that ought be answered before the trial case went forward. The court denied the stay on May 29, 2015 (2015 WL 3454738) and the trial court proceeded.

On November 10, 2015, the parties settled and jointly moved the court to dismiss the litigation with prejudice. The agreement included contractual obligations to address the plaintiff’s accessibility concerns, working with the plaintiff to provide an ADA-compliant accessible website and phone app by 2017. No party admitted wrongdoing or asserted the agreement as an admission of wrongdoing. The Court retained jurisdiction to enforce the settlement agreement and provided for a dispute resolution procedure that entitled the plaintiff to specific performance in the event of a breach. The parties stipulated to dismissal and the case is now closed.

Summary Authors

Mary Book (10/31/2018)

Related Cases

National Federation of the Blind of California v. Uber Technologies, Northern District of California (2014)

DOJ and National Federation of the Blind Settlement with Sacramento Public Library Authority, No Court (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4408487/parties/national-federation-of-the-blind-v-scribd-inc/


Judge(s)

Sessions, William K. III (Vermont)

Attorneys(s) for Plaintiff

DeWeese, James T. (Vermont)

Goldstein, Daniel F (Maryland)

Joselson, Emily J. (Vermont)

Paradis, Laurence W. (California)

Patton, Michele B. (Vermont)

Rodgers, Rebecca J. (California)

Attorneys(s) for Defendant

Garbacz, Greg A. (California)

Heaton, Lindsey N. (California)

Karnedy, Gary F. (Vermont)

Judge(s)

Sessions, William K. III (Vermont)

Attorneys(s) for Plaintiff

DeWeese, James T. (Vermont)

Goldstein, Daniel F (Maryland)

Joselson, Emily J. (Vermont)

Paradis, Laurence W. (California)

Patton, Michele B. (Vermont)

Rodgers, Rebecca J. (California)

Attorneys(s) for Defendant

Garbacz, Greg A. (California)

Heaton, Lindsey N. (California)

Karnedy, Gary F. (Vermont)

Klausner, Tonia M. Ouellette (New York)

Mah, Liwen (California)

Meyer, Stuart P. (Vermont)

Pulgram, Laurence F. (California)

Vance, Natalie P. (California)

Expert/Monitor/Master

Care, Gregory P. (Maryland)

Cassidy, Richard T (Vermont)

Girma, Haben (Maryland)

Documents in the Clearinghouse

Document

Docket

National Federation of the Blind v. Scribd

July 29, 2014 Docket
1

Complaint

National Federation of the Blind v. Scribd

July 29, 2014 Complaint
17

Plaintiffs' Memorandum of Law Opposing Motion to Dismiss

Dec. 29, 2014 Pleading / Motion / Brief
30

Opinion

National Federation of the Blind v. Scribd Inc.

97 F.Supp.3d 565

March 19, 2015 Order/Opinion
54

Opinion denying 37 Motion for Certification of Order for Interlocutory Review and denying as moot MOTION to Stay Action Pending Further Appellate Proceedings.

National Federation of the Blind v. Scribd

2015 WL 3454738

May 29, 2015 Order/Opinion
73

STIPULATED MOTION to Dismiss Pursuant to F.R.C.P. 41(a)(2)

National Federation of the Blind v. Scribd

Nov. 19, 2015 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4408487/national-federation-of-the-blind-v-scribd-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Scribd, Inc. filed by Heidi Viens, National Federation of the Blind. Summons issued. (Attachments: # 1 Civil Cover Sheet)(law) (Entered: 07/29/2014)

1 Civil Cover Sheet

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July 29, 2014 RECAP
2

NOTICE OF APPEARANCE by Emily J. Joselson, Esq on behalf of National Federation of the Blind, Heidi Viens. (law) (Entered: 07/29/2014)

July 29, 2014 PACER
3

NOTICE OF APPEARANCE by James T. DeWeese, Esq on behalf of National Federation of the Blind, Heidi Viens. (law) (Entered: 07/29/2014)

July 29, 2014 PACER
4

CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by National Federation of the Blind. (law) (Entered: 07/29/2014)

July 29, 2014 PACER
5

MOTION for Appearance Pro Hac Vice of Daniel F. Goldstein, Gregory P. Care, Laurence Paradis, Haben Girma, and Rebecca Rodgers filed by National Federation of the Blind, Heidi Viens. (Attachments: # 1 Affidavit of Daniel F. Goldstein, # 2 Certificate of Good Standing, # 3 Affidavit of Gregory P. Care, # 4 Certificate of Good Standing, # 5 Affidavit of Laurence Paradis, # 6 Certificate of Good Standing, # 7 Affidavit of Haben Girma, # 8 Certificate of Good Standing, # 9 Affidavit of Rebecca J. Rodgers, # 10 Certificate of Good Standing)(jlh) (Entered: 07/29/2014)

1 Affidavit of Daniel F. Goldstein

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2 Certificate of Good Standing

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3 Affidavit of Gregory P. Care

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4 Certificate of Good Standing

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5 Affidavit of Laurence Paradis

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6 Certificate of Good Standing

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7 Affidavit of Haben Girma

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8 Certificate of Good Standing

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9 Affidavit of Rebecca J. Rodgers

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10 Certificate of Good Standing

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July 29, 2014 PACER
6

ORDER granting 5 Motion for Admission Pro Hac Vice of Daniel F. Goldstein, Gregory P. Care, Laurence Paradis, Haben Girma and Rebecca Rodgers. Signed by Judge William K. Sessions III on 07/30/14. (This is a text-only Order.) (eae) (Entered: 07/30/2014)

July 30, 2014 PACER
7

WAIVER OF SERVICE Returned Executed: Scribd, Inc. waiver sent on 7/29/2014, answer due 9/29/2014 (Joselson, Emily) Text clarified on 9/5/2014 (jlh). (Entered: 09/04/2014)

Sept. 4, 2014 PACER
8

NOTICE OF APPEARANCE by Gary F. Karnedy on behalf of Scribd, Inc.(Karnedy, Gary) (Entered: 09/22/2014)

Sept. 22, 2014 PACER
9

STIPULATED MOTION for Extension of Time to File Answer re: 1 Complaint filed by Scribd, Inc. (Karnedy, Gary) Event/text clarified on 9/22/2014 (law). (Entered: 09/22/2014)

Sept. 22, 2014 PACER
10

ORDER granting 9 Stipulated Motion for Extension of Time to Answer re 1 Complaint. Signed by Judge William K. Sessions III on 09/24/14. (This is a text-only Order.) (eae) (Entered: 09/24/2014)

Sept. 24, 2014 PACER
11

CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Scribd, Inc. (law) (Entered: 10/28/2014)

Oct. 28, 2014 PACER
12

MOTION for Appearance Pro Hac Vice of Tonia Ouellette Klausner, Esq. filed by Scribd, Inc. (Attachments: # 1 Declaration of Tonia Ouellette Klausner, # 2 Certificate of Good Standing)(jlh) (Entered: 10/29/2014)

1 Declaration of Tonia Ouellette Klausner

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2 Certificate of Good Standing

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Oct. 28, 2014 PACER
13

MOTION to Dismiss for Failure to State a Claim filed by Scribd, Inc.. (Attachments: # 1 Certificate of Service)(Karnedy, Gary) (Entered: 10/29/2014)

1 Certificate of Service

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Oct. 29, 2014 RECAP
14

ORDER granting 12 Motion for Admission Pro Hac Vice of Tonia Ouellette Klausner. Signed by Judge William K. Sessions III on 10/30/14. (This is a text-only Order.) (eae) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
15

STIPULATED MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss for Failure to State a Claim filed by National Federation of the Blind, Heidi Viens. (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 11/07/2014)

1 Certificate of Service

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Nov. 7, 2014 PACER
16

ORDER granting 15 STIPULATED MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss for Failure to State a Claim. Signed by Judge William K. Sessions III on 11/07/14. (This is a text-only Order.) (eae) (Entered: 11/07/2014)

Nov. 7, 2014 PACER
17

MEMORANDUM by National Federation of the Blind, Heidi Viens in Opposition of 13 MOTION to Dismiss for Failure to State a Claim (Goldstein, Daniel) (Main Document 17 replaced on 12/30/2014) (jlh). (Additional attachment(s) added on 12/30/2014: # 1 Table of Contents, # 2 Appendix) (jlh) (Entered: 12/29/2014)

1 Table of Contents

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2 Appendix

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Dec. 29, 2014 RECAP
18

NOTICE OF DOCKET ENTRY CORRECTION re: 17 Memorandum in Opposition filed by Heidi Viens, National Federation of the Blind. The main document image contained that of the Table of Contents and Appendix. The document has been broken apart and reattached to the docket. The corrected documents are now attached to 17 as well as this entry. (Attachments: # 1 Table of Contents, # 2 Appendix) (jlh) (Entered: 12/30/2014)

1 Table of Contents

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2 Appendix

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Dec. 30, 2014 PACER
19

REPLY to Response to 13 MOTION to Dismiss for Failure to State a Claim filed by Scribd, Inc. (Attachments: # 1 Certificate of Service)(Karnedy, Gary) Text clarified on 1/23/2015 (jlh). (Entered: 01/22/2015)

1 Certificate of Service

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Jan. 22, 2015 RECAP
20

NOTICE of Hearing re: 13 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 3/3/2015 01:30 PM in Burlington Courtroom 542 before Judge William K. Sessions III.(jam) (Entered: 02/02/2015)

Feb. 2, 2015 PACER
21

UNOPPOSED MOTION to Request Transcriptionists for Plaintiffs' Attorney filed by National Federation of the Blind, Heidi Viens. (Attachments: # 1 Affidavit of Haben Girma, # 2 Text of Proposed Order, # 3 Certificate of Service)(Joselson, Emily) (Entered: 02/10/2015)

1 Affidavit of Haben Girma

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2 Text of Proposed Order

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3 Certificate of Service

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Feb. 10, 2015 PACER
22

ORDER granting 21 Unopposed Motion to Request Transcriptionists for Plaintiffs' Attorney. Signed by Judge William K. Sessions III on 2/10/2015. (law) (Entered: 02/11/2015)

Feb. 11, 2015 RECAP
23

SUPPLEMENTAL DOCUMENT(S) re: 13 MOTION to Dismiss for Failure to State a Claim by National Federation of the Blind, Heidi Viens. (Attachments: # 1 Certificate of Service)(DeWeese, James) Link corrected on 2/26/2015 (jlh) (Entered: 02/26/2015)

1 Certificate of Service

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Feb. 26, 2015 RECAP
24

SUPPLEMENTAL DOCUMENT(S) re: 17 Memorandum in Opposition of 13 MOTION to Dismiss for Failure to State a Claim by National Federation of the Blind, Heidi Viens. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(DeWeese, James) Link added on 3/1/2015 (law). (Entered: 02/27/2015)

1 Exhibit A

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2 Certificate of Service

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Feb. 27, 2015 RECAP
25

MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 3/3/2015 re 13 MOTION to Dismiss for Failure to State a Claim . Danial Goldstein, Esq., Gregory Care, Esq., Emily Joselson, Esq., James DeWeese, Esq., Haben Girma, Esq. & Meghan Sidhu, Esq. present for pltfs; Tonia Ouellette Klausner, Esq. & Gary Karnedy, Esq. present for dft. Court makes inquiries. Statements by counsel. Motion Taken Under Advisement: 13 MOTION to Dismiss for Failure to State a Claim . (Court Reporter: JoAnn Carson, Capitol Court Reporters, Inc.) (jam) (Entered: 03/04/2015)

March 3, 2015 PACER
26

TRANSCRIPT of Hearing on Motion to Dismiss held on 3/3/2015 before Judge Sessions. Court Reporter/Transcriber JoAnn Carson, Capitol Court Reporters, Inc., telephone number 802-863-6067. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/3/2015. Redacted Transcript Deadline set for 4/13/2015. Release of Transcript Restriction set for 6/11/2015. (jam) (Entered: 03/10/2015)

March 10, 2015 RECAP
27

SUPPLEMENTAL MEMORANDUM by Scribd, Inc. re: 13 Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Karnedy, Gary) Text clarified, link added on 3/11/2015 (jlh) (Entered: 03/10/2015)

1 Exhibit A

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2 Certificate of Service

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March 10, 2015 RECAP
28

MOTION to File Supplemental Memorandum re 13 Motion to Dismiss filed by Scribd, Inc. (Attachments: # 1 Certificate of Service)(Karnedy, Gary) Link corrected on 3/11/15 (jlh) (Entered: 03/10/2015)

1 Certificate of Service

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March 10, 2015 PACER
29

ORDER granting 28 Motion To File Supplemental Memorandum. Signed by Judge William K. Sessions III on 3/11/2015. (This is a text-only Order.) (eae) (Entered: 03/11/2015)

March 11, 2015 PACER
30

OPINION AND ORDER denying 13 Motion to Dismiss for Failure to State a Claim. Signed by Judge William K. Sessions III on 3/19/2015. (law) (Entered: 03/19/2015)

March 19, 2015 RECAP
31

NOTICE of Attorney Substitution by Michele B. Patton, Esq as to National Federation of the Blind, Heidi Viens (Attachments: # 1 Certificate of Service)(Patton, Michele) (Entered: 03/24/2015)

1 Certificate of Service

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March 24, 2015 PACER
32

MOTION for Appearance Pro Hac Vice of Greg A. Garbacz, Natalie P. Vance, and Lindsey N. Heaton filed by Scribd, Inc. (Attachments: # 1 Affidavit of Lindsey N. Heaton, # 2 Certificate of Good Standing, # 3 Affidavit of Greg A. Garbacz, # 4 Certificate of Good Standing, # 5 Affidavit of Natalie P. Vance, # 6 Certificate of Good Standing, # 7 Certificate of Service)(jlh) (Entered: 04/02/2015)

1 Affidavit of Lindsey N. Heaton

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2 Certificate of Good Standing

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3 Affidavit of Greg A. Garbacz

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4 Certificate of Good Standing

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5 Affidavit of Natalie P. Vance

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6 Certificate of Good Standing

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7 Certificate of Service

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April 2, 2015 PACER
33

ANSWER to 1 Complaint and Affirmative Defenses by Scribd, Inc.. (Attachments: # 1 Certificate of Service)(Karnedy, Gary) (Main Document 33 replaced on 4/3/2015) (jlh). (Entered: 04/02/2015)

1 Certificate of Service

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April 2, 2015 PACER
34

ENE LETTER re: Potential Evaluators sent; responses due by 4/20/2015. (hbc) (Entered: 04/03/2015)

April 3, 2015 PACER
35

ORDER granting 32 Motion for Admission Pro Hac Vice of Greg A. Garbacz, Natalie P. Vance, and Lindsey N. Heaton. Signed by Judge William K. Sessions III on 4/3/2015. (This is a text-only Order.) (eae) (Entered: 04/03/2015)

April 3, 2015 PACER
36

NOTICE OF DOCKET ENTRY CORRECTION re: 33 Answer to Complaint filed by Scribd, Inc. The document image was incomplete and has been replaced on the docket. The corrected document is now attached to 33 as well as this entry. (jlh) (Entered: 04/03/2015)

April 3, 2015 PACER
37

MOTION for Certification of Order for Interlocutory Review and MOTION to Stay Action Pending Further Appellate Proceedings filed by Scribd, Inc. (Attachments: # 1 Certificate of Service)(Karnedy, Gary) (Main Document 37 replaced on 4/21/2015) (law). (Entered: 04/07/2015)

1 Certificate of Service

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April 7, 2015 PACER
38

ENE Evaluator Selection Response by National Federation of the Blind, Heidi Viens, Scribd, Inc.(Goldstein, Daniel) Text/filers clarified on 4/20/2015 (law). (Entered: 04/20/2015)

April 20, 2015 PACER
39

ENE Evaluator Richard T. Cassidy, Esq. assigned. (hbc) (Entered: 04/20/2015)

April 20, 2015 PACER
40

NOTICE OF DOCKET ENTRY CORRECTION re: 37 MOTION for Certification of Order for Interlocutory Review filed by Scribd, Inc. The document image has been replaced as some of the signature were omitted. The completed document is now attached to 37 and this entry. (law) (Entered: 04/21/2015)

April 21, 2015 PACER
41

MEMORANDUM by National Federation of the Blind, Heidi Viens in Opposition of 37 MOTION for Certification of Order for Interlocutory Review (Attachments: # 1 Certificate of Service)(Joselson, Emily) (Entered: 04/24/2015)

1 Certificate of Service

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April 24, 2015 PACER
42

REPLY to Response re 37 MOTION for Certification of Order for Interlocutory Review filed by Scribd, Inc. (Attachments: # 1 Certificate of Service)(Karnedy, Gary) Text clarified on 5/11/2015 (jlh). (Entered: 05/11/2015)

1 Certificate of Service

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May 11, 2015 PACER
43

Entry has been removed from docket. (Entered: 05/11/2015)

May 11, 2015 PACER
44

NOTICE OF DOCKET ENTRY REMOVAL. Document 43 has been removed from the docket as the the signature on the document did not match the signature of the e-filer in accordance with the Administrative Procedures. (jlh) (Entered: 05/11/2015)

May 11, 2015 PACER
45

MOTION to Withdraw as Attorney filed by Scribd, Inc. (Attachments: # 1 Certificate of Service)(law) (Entered: 05/12/2015)

1 Certificate of Service

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May 12, 2015 PACER
46

ORDER granting 45 Motion to Withdraw as Attorney. Signed by Judge William K. Sessions III on 5/13/2015. (This is a text-only Order.) (eae) (Entered: 05/13/2015)

May 13, 2015 PACER
47

PROPOSED Stipulated Discovery Schedule/Order by National Federation of the Blind, Heidi Viens.(Goldstein, Daniel) (Entered: 05/18/2015)

May 18, 2015 PACER
48

LETTER to counsel re: [47 Proposed Stipulated Discovery Schedule/Order non-compliant; case may be placed on the master calendar unless a new stipulated schedule is filed. (law) (Entered: 05/20/2015)

May 20, 2015 PACER
49

PROPOSED Stipulated Discovery Schedule/Order by National Federation of the Blind, Heidi Viens.(Goldstein, Daniel) (Entered: 05/21/2015)

May 21, 2015 PACER
50

DISCOVERY CERTIFICATE - Initial Disclosures by Scribd, Inc..(Karnedy, Gary) (Entered: 05/28/2015)

May 28, 2015 PACER
51

DISCOVERY CERTIFICATE - Initial Disclosures by National Federation of the Blind, Heidi Viens.(Goldstein, Daniel) (Entered: 05/28/2015)

May 28, 2015 PACER
52

STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 12/2/2015. Motions due by 1/15/2016. Early Neutral Evaluation set for 11/17/2015 at 10:00 AM. Ready for Trial by 5/1/2016. Signed by Judge William K. Sessions III on 5/28/2015. (law) (Entered: 05/28/2015)

May 28, 2015 RECAP
53

DISCOVERY CERTIFICATE - Notice of Deposition of Scribd, Inc. by National Federation of the Blind, Heidi Viens.(Girma, Haben) (Entered: 05/29/2015)

May 29, 2015 PACER
54

OPINION AND ORDER denying 37 Motion for Certification of Order for Interlocutory Review and denying as moot MOTION to Stay Action Pending Further Appellate Proceedings. Signed by Judge William K. Sessions III on 5/29/2015. (law) (Entered: 05/29/2015)

May 29, 2015 RECAP
55

PROPOSED Stipulated Protective Order by National Federation of the Blind, Heidi Viens. (Care, Gregory) (Entered: 06/18/2015)

June 18, 2015 PACER
56

DISCOVERY CERTIFICATE - Interrogatories and Request to Produce to Heidi Viens and National Federation of the Blind by Scribd, Inc..(Karnedy, Gary) (Entered: 07/02/2015)

July 2, 2015 PACER
57

DISCOVERY CERTIFICATE - Interrogatories to Defendant by National Federation of the Blind, Heidi Viens.(Joselson, Emily) (Entered: 07/02/2015)

July 2, 2015 PACER
58

DISCOVERY CERTIFICATE - Interrogatories and Request to Produce by National Federation of the Blind, Heidi Viens.(Care, Gregory) (Entered: 07/02/2015)

July 2, 2015 PACER
59

STIPULATED PROTECTIVE ORDER Discovery Matter. Signed by Judge William K. Sessions III on 7/7/2015. (law) (Entered: 07/07/2015)

July 7, 2015 PACER
60

JOINT MOTION to Amend the Discovery Schedule/Order filed by Scribd, Inc., National Federation of the Blind, Heidi Viens (Attachments: # 1 Text of Proposed Order Amending for 30 Days, # 2 Text of Proposed Order Amending for 60 Days, # 3 Certificate of Service)(Karnedy, Gary) Text clarified on 7/10/2015 (jlh). Filers added on 7/13/2015 (jlh). (Entered: 07/09/2015)

1 Text of Proposed Order Amending for 30 Days

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2 Text of Proposed Order Amending for 60 Days

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3 Certificate of Service

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July 9, 2015 PACER
61

NOTICE OF APPEARANCE by Stuart P. Meyer on behalf of Scribd, Inc.. (Attachments: # 1 Certificate of Service)(Meyer, Stuart) (Entered: 07/09/2015)

1 Certificate of Service

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July 9, 2015 PACER
62

Entry has been removed from the docket. (Entered: 07/09/2015)

July 9, 2015 PACER
63

NOTICE OF DOCKET ENTRY REMOVAL. Document 62 has been removed from the docket as it can not be filed electronically. (jlh) (Entered: 07/10/2015)

July 10, 2015 PACER
64

DISCOVERY CERTIFICATE re: Amended Rule 26 Disclosure Statement by Scribd, Inc..(Karnedy, Gary) (Entered: 07/15/2015)

July 15, 2015 PACER
65

ORDER AMENDING Discovery Schedule/Order Pending Settlement Negotiations for Thirty (30) Days re: 60 JOINT MOTION to Amend the Discovery Schedule/Order. Discovery due by 1/4/2016. Motions due by 2/15/2016. Early Neutral Evaluation set for 11/17/2015 at 10:00 AM. Ready for trial by 6/1/2016. Signed by Judge William K. Sessions III on 7/28/2015. (law) (Entered: 07/28/2015)

July 28, 2015 PACER
66

ORDER AMENDING First Amended Discovery Schedule/Order Pending Settlement Negotiations for Sixty (60) Days re: 60 JOINT MOTION to Amend the Discovery Schedule/Order. Discovery due by 3/4/2016. Motions due by 4/15/2016. Early Neutral Evaluation set for 11/17/2015 at 10:00 AM. Ready for trial by 8/1/2016. Signed by Judge William K. Sessions III on 7/28/2015. (law) (Entered: 07/28/2015)

July 28, 2015 RECAP
67

MOTION for Appearance Pro Hac Vice of Liwen Mah, Laurence Pulgram filed by Scribd, Inc. (Attachments: # 1 Affidavit of Liwen Mah, # 2 Certificate of Good Standing, # 3 Affidavit of Laurence Pulgram, # 4 Certificate of Good Standing, # 5 Certificate of Service)(jlh) (Entered: 08/05/2015)

1 Affidavit of Liwen Mah

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2 Certificate of Good Standing

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3 Affidavit of Laurence Pulgram

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4 Certificate of Good Standing

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5 Certificate of Service

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Aug. 4, 2015 PACER
68

ORDER granting 67 Motion for Admission of Liwen A. Mah and Laurence F. Pulgram Pro Hac Vice. Signed by Judge William K. Sessions III on 8/6/2015. (This is a text-only Order.) (eae) (Entered: 08/06/2015)

Aug. 6, 2015 PACER
69

DISCOVERY CERTIFICATE - Request to Produce (Second Set) by Scribd, Inc..(Karnedy, Gary) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
70

MOTION to Withdraw as Attorney filed by Scribd, Inc. (Karnedy, Gary) (Entered: 10/07/2015)

Oct. 7, 2015 PACER
71

ORDER granting 70 Motion to Withdraw as Attorney. Signed by Judge William K. Sessions III on 10/9/2015. (This is a text-only Order.) (eae) (Entered: 10/09/2015)

Oct. 9, 2015 PACER
72

DISCOVERY CERTIFICATE re: Notices of Deposition of Heidi Viens, Mark Riccobono, Marc Mauer by Scribd, Inc.(Karnedy, Gary) Text clarified on 10/23/2015 (jlh). (Entered: 10/22/2015)

Oct. 22, 2015 PACER
73

STIPULATED MOTION to Dismiss Pursuant to F.R.C.P. 41(a)(2) filed by Scribd, Inc.. (Attachments: # 1 Text of Proposed Order)(Karnedy, Gary) (Entered: 11/19/2015)

1 Text of Proposed Order

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Nov. 19, 2015 PACER
74

ORDER granting 73 STIPULATED MOTION to Dismiss Pursuant to F.R.C.P. 41(a)(2). Signed by Judge William K. Sessions III on 11/19/2015. (jam) (Entered: 11/19/2015)

Nov. 19, 2015 RECAP

State / Territory: Vermont

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: July 29, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An individual and a national membership organization of blind persons.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Scribd, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

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

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Issues

General:

Access to public accommodations - privately owned

Disparate Treatment

Reasonable Modifications

Retail Shopping

Website

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment