Case: Stanley v. Barbri

3:16-cv-01113 | U.S. District Court for the Northern District of Texas

Filed Date: April 25, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 25, 2016, three individuals that were blind and enrolled in the Barbri bar exam preparation course filed this putative class action lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiffs brought this suit against BarBri Inc., aka Barbri Bar Review, a company that sells and provides products for bar exam preparation. The plaintiffs alleged that Barbri violated the American with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.) and the Texas Human Resourc…

On April 25, 2016, three individuals that were blind and enrolled in the Barbri bar exam preparation course filed this putative class action lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiffs brought this suit against BarBri Inc., aka Barbri Bar Review, a company that sells and provides products for bar exam preparation. The plaintiffs alleged that Barbri violated the American with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.) and the Texas Human Resource Code §§ 121.002-.003. The plaintiffs, represented by Texas Civil Rights Project and Washington Lawyers’ Committee for Civil Rights/Urban Affairs, sought injunctive, monetary, and declaratory relief as well as attorneys’ fees and costs. This case was assigned to Magistrate Judge Renee Harris Toliver.

The three plaintiffs were all enrolled in the Barbri bar preparation course and relied on Barbri to prepare for the bar examination. The Barbri bar preparation course provided online bar review resources including online live chat to match Barbri students with tutors, an online planner, study outlines, online lecture notes, and online lecture videos. The website, however, was not compatible with the software that the plaintiffs relied on to access the internet, like Job Access With Speech (“JAWS”) screen readers. The plaintiffs requested reasonable accommodation, but BarBri did not provide them.

On July 1, 2016, the defendant moved to dismiss the lawsuit for lack of jurisdiction and failure to state a claim. The plaintiff amended their complaint on July 19, 2016. This new complaint added more factual allegations and slightly modified the definition of the sought class. The amended class definition was as follows: “All legally blind individuals nationwide who, on or after April 25, 2014, took, plan to take or attempted to take a Barbri bar review course at a time when Barbri’s website, mobile application, or other course materials was or is not fully accessible to legally blind students, or who have been discouraged from taking the Barbri bar review course due to such inaccessibility.”

The defendant again moved to dismiss the lawsuit for lack of jurisdiction and failure to state a claim on October 3, 2016. The plaintiffs moved to certify a class on February 10, 2017. The court never ruled on this motion.

In October 2017, the parties underwent settlement discussions. Eventually the parties reached a confidential Settlement Agreement. Then on January 19, 2018, the parties jointly moved for a stipulation of dismissal and sought approval of a consent decree.

Three days later, the court approved the parties’ consent decree. The parties agreed that the court would retain jurisdiction for three years to ensure compliance with this decree. The consent decree prohibited the defendant from engaging in disability discrimination, required the defendant to comply with the ADA, and required the defendant to undergo an accessibility audit to ensure that all accessibility barriers for screen readers were removed. The defendant also agreed to provide accessibility training to all development team employees and to reform its procedures for implementing reasonable accommodations when students request accommodations.

The consent decree remains in force as of May 2020.

Summary Authors

Sean Whetstone (7/2/2018)

Hope Brinn (5/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6288396/parties/stanley-v-barbri-inc/


Judge(s)

Toliver, Renee Harris (Texas)

Attorneys(s) for Plaintiff

Cochran, Shaylyn Capri (District of Columbia)

Frank, Abigail Hill (Texas)

Goraya, Deepa (District of Columbia)

Handley, Matthew K. (District of Columbia)

Hart, Margaret (District of Columbia)

Hinson, Kristian L. (District of Columbia)

Mirza, Hani (Texas)

Sellers, Joseph Marc (District of Columbia)

Watson, Leah M. (District of Columbia)

Judge(s)

Toliver, Renee Harris (Texas)

Attorneys(s) for Plaintiff

Cochran, Shaylyn Capri (District of Columbia)

Frank, Abigail Hill (Texas)

Goraya, Deepa (District of Columbia)

Handley, Matthew K. (District of Columbia)

Hart, Margaret (District of Columbia)

Hinson, Kristian L. (District of Columbia)

Mirza, Hani (Texas)

Sellers, Joseph Marc (District of Columbia)

Watson, Leah M. (District of Columbia)

Yang, Wayne Krause (Texas)

Attorneys(s) for Defendant

Fordan, Amie P. (Texas)

Gordon, R Wayne (Texas)

Mason, Jessica Glatzer (Texas)

Expert/Monitor/Master

Kaplan, Jeff (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Stanley v. Barbri Inc

Sept. 25, 2019 Docket
1

Complaint

April 25, 2016 Complaint
15

First Amended Complaint

Stanley v. Barbari

July 19, 2016 Complaint
85

Consent Decree

Stanley v. BarBri

Jan. 22, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6288396/stanley-v-barbri-inc/

Last updated May 20, 2022, 4:45 a.m.

ECF Number Description Date Link
1

COMPLAINT WITH JURY DEMAND against Barbri, Inc.aka Barbri Bar Review filed by Claire Stanley, Christopher Stewart, Derek Manners. (Filing fee $400; Receipt number 0539-7535002) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet Civil Cover Sheet) (Mirza, Hani) (Entered: 04/25/2016)

1 Cover Sheet Civil Cover Sheet

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April 25, 2016 RECAP
2

Request for Clerk to issue Summons in a Civil Action filed by Derek Manners, Claire Stanley, Christopher Stewart. (Mirza, Hani) (Entered: 04/25/2016)

April 25, 2016 PACER
3

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mem) (Entered: 04/25/2016)

April 25, 2016 PACER
4

Summons Issued as to Barbri Inc. (mem) (Entered: 04/25/2016)

April 25, 2016 PACER
5

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Derek Manners, Claire Stanley, Christopher Stewart. (Mirza, Hani) (Entered: 04/25/2016)

April 25, 2016 PACER
6

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew K. Handley (Filing fee $25; Receipt number 0539-7582231) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice) (Mirza, Hani) (Entered: 05/16/2016)

1 Exhibit(s) Certificate of Good Standing

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2 Proposed Order Proposed Order for Admission Pro Hac Vice

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May 16, 2016 PACER
7

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Deepa Goraya (Filing fee $25; Receipt number 0539-7582930) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice) (Mirza, Hani) (Entered: 05/16/2016)

1 Exhibit(s) Certificate of Good Standing

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2 Proposed Order Proposed Order for Admission Pro Hac Vice

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May 16, 2016 PACER
8

ORDER granting 7 Application for Admission Pro Hac Vice of Deepa Goraya. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 5/17/2016) (axm) (Entered: 05/17/2016)

May 17, 2016 PACER
9

ORDER granting 6 Application for Admission Pro Hac Vice of Matthew K. Handley. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 5/17/2016) (axm) (Entered: 05/17/2016)

May 17, 2016 PACER
10

WAIVER OF SERVICE Returned Executed as to Barbri Inc. Waiver sent on 5/2/2016. (Mirza, Hani) (Entered: 05/23/2016)

May 23, 2016 PACER
11

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Barbri Inc with Brief/Memorandum in Support. Attorney R Wayne Gordon added to party Barbri Inc(pty:dft) (Gordon, R) (Entered: 07/01/2016)

July 1, 2016 RECAP
12

ANSWER to 1 Complaint with Jury Demand filed by Barbri Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gordon, R) (Entered: 07/01/2016)

July 1, 2016 PACER
13

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Barbri Inc identifying Corporate Parent/Other Affiliate Barbri Holdings, Inc for Barbri Inc. (Gordon, R) (Entered: 07/01/2016)

July 1, 2016 PACER
14

Order for Scheduling Order Proposal: Joint Proposed Scheduling Order due by 8/2/2016. (Ordered by Judge Reed C O'Connor on 7/5/2016) (trk) (Entered: 07/05/2016)

July 5, 2016 PACER
15

AMENDED COMPLAINT WITH JURY DEMAND against Barbri Inc filed by Claire Stanley, Christopher Stewart, Derek Manners. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Handley, Matthew) (Entered: 07/19/2016)

July 19, 2016 RECAP
16

Joint MOTION to Extend Time for Defendants to File Response to First Amended Complaint and for Plaintiffs to File Motion for Class Certification filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Handley, Matthew) (Entered: 07/20/2016)

1 Proposed Order

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July 20, 2016 PACER
17

ORDER: Accordingly, it is ORDERED that the deadline for Defendant to respond to Plaintiffs' First Amended Complaint is extended to October 3, 2016, and the deadline for Plaintiffs to file their motion for class certification and brief in support is extended to January 11, 2017. It is further ORDERED that Defendant's pending Motion to Dismiss (ECF No. 11 is DENIED as moot. (Ordered by Judge Reed C O'Connor on 7/21/2016) (aaa) (Entered: 07/21/2016)

July 21, 2016 PACER
18

Joint MOTION for Protective Order filed by Barbri Inc (Attachments: # 1 Proposed Order) (Fordan, Amie) (Entered: 08/01/2016)

1 Proposed Order

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Aug. 1, 2016 PACER
19

PROTECTIVE ORDER granting 17 Joint Motion for Protective Order. All persons subject to the terms of this Order agree that this Court shall retain jurisdiction over them for the purpose of enforcing this Order. The Court may enter this Order and such other and further relief as it deems appropriate, and this Protective Order is without prejudice to the right of any party to apply for relief from the Court, formally or informally, including as to matter discussed herein. (Ordered by Judge Reed C O'Connor on 8/2/2016) (ran) (Entered: 08/02/2016)

Aug. 2, 2016 PACER
20

Joint Report Regarding Contents of Scheduling Order by Barbri Inc. (Fordan, Amie) Modified docket text on 8/3/2016 (rekc). (Entered: 08/02/2016)

Aug. 2, 2016 PACER
21

ORDER OF TRANSFER: The Court TRANSFERS this case to United States Magistrate Toliver for the conduct of all further proceedings and the entry of judgment in accordance with 28 U.S.C. ยง 636(c), with any appeal therefrom to be taken to the United States Court of Appeals for the Fifth Circuit in accordance with 28 U.S.C. ยง 636(c)(3). All future pleadings shall be filed under civil action number 3:16-cv-01113-BK. (Ordered by Judge Reed C O'Connor on 8/3/2016) (ran) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
22

SCHEDULING ORDER: Joinder of Parties and Amended Pleadings due by 11/7/2016. Discovery due by 3/20/2017. Deadline for mediation is on or before 4/3/2017. Joint Estimate of Trial Length and Status Report due by 4/10/2017. Dispositive Motions due by 4/17/2017. Pretrial Order and Pretrial Materials due by 10/16/2017. Pretrial Conference set for 10/27/2017 10:00 AM, Courtroom 1409, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Renee Harris Toliver. Jury Trial set for 10/30/2017 in US Courthouse, Courtroom 1409, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Renee Harris Toliver. (Ordered by Magistrate Judge Renee Harris Toliver on 8/22/2016) (mcrd) (Entered: 08/22/2016)

Aug. 22, 2016 PACER
23

STANDING ORDER ON NON-DISPOSITIVE MOTIONS (see Order for specifics). (Ordered by Magistrate Judge Renee Harris Toliver on 8/22/2016) (mcrd) (Entered: 08/22/2016)

Aug. 22, 2016 PACER
24

MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by Barbri Inc with Brief/Memorandum in Support. (Gordon, R) (Entered: 10/03/2016)

Oct. 3, 2016 RECAP
25

ANSWER to 15 Amended Complaint with Jury Demand filed by Barbri Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gordon, R) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
26

MOTION for Extension of Time to File Response/Reply to 24 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Goraya, Deepa) (Entered: 10/17/2016)

1 Proposed Order

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Oct. 17, 2016 PACER
27

ELECTRONIC ORDER granting 26 Motion to Extend Time to File Response/Reply. Plaintiffs' response to Defendant's Motion to Dismiss is due by 11/3/2016. (Ordered by Magistrate Judge Renee Harris Toliver on 10/18/2016) (chmb) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
28

RESPONSE filed by Derek Manners, Claire Stanley, Christopher Stewart re: 24 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Certificate of Service) (Handley, Matthew) (Entered: 11/03/2016)

1 Certificate of Service

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Nov. 3, 2016 RECAP
29

Appendix in Support filed by Derek Manners, Claire Stanley, Christopher Stewart re 28 Response/Objection (Attachments: # 1 Certificate of Service) (Handley, Matthew) (Entered: 11/03/2016)

1 Certificate of Service

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Nov. 3, 2016 PACER
30

REPLY filed by Barbri Inc re: 24 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (Gordon, R) (Entered: 11/17/2016)

Nov. 17, 2016 PACER
31

MOTION to Withdraw as Attorney filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Yang, Wayne) Modified text on 12/8/2016 (rekc). (Entered: 12/07/2016)

1 Proposed Order

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Dec. 7, 2016 PACER
32

ELECTRONIC ORDER granting 31 Motion to Withdraw as Attorney. Attorney Wayne Krause Yang is terminated as counsel. (Ordered by Magistrate Judge Renee Harris Toliver on 12/8/2016) (chmb) (Entered: 12/08/2016)

Dec. 8, 2016 PACER
33

Consent MOTION for Extension of Time to File Motion for Class Certification and Brief in Support filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order Proposed Order) (Goraya, Deepa) (Entered: 12/19/2016)

1 Proposed Order Proposed Order

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Dec. 19, 2016 PACER
34

MOTION FOR AN ORDER APPROVING NOTICE OF REQUEST TO AUTHORIZE DISCLOSURE OF CONTACT INFORMATION filed by Derek Manners, Claire Stanley, Christopher Stewart (Handley, Matthew) (Entered: 12/26/2016)

Dec. 26, 2016 PACER
35

Brief/Memorandum in Support filed by Derek Manners, Claire Stanley, Christopher Stewart re 34 MOTION FOR AN ORDER APPROVING NOTICE OF REQUEST TO AUTHORIZE DISCLOSURE OF CONTACT INFORMATION (Attachments: # 1 Proposed Order) (Handley, Matthew) (Entered: 12/26/2016)

1 Proposed Order

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Dec. 26, 2016 PACER
36

Appendix in Support filed by Derek Manners, Claire Stanley, Christopher Stewart re 35 Brief/Memorandum in Support of Motion, 34 MOTION FOR AN ORDER APPROVING NOTICE OF REQUEST TO AUTHORIZE DISCLOSURE OF CONTACT INFORMATION (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Handley, Matthew) (Entered: 12/26/2016)

1 Exhibit(s) A

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2 Exhibit(s) B

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Dec. 26, 2016 PACER
37

ELECTRONIC ORDER granting 33 Motion for Extension of Time to File Motion for Class Certification. Motion is due by 2/10/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 12/27/2016) (chmb) (Entered: 12/27/2016)

Dec. 27, 2016 PACER
38

ELECTRONIC ORDER granting 34 Motion for Order approving Notice of Request to authorize disclosure of contact information Ordered by Magistrate Judge Renee Harris Toliver on 12/27/2016) (chmb) (Entered: 12/27/2016)

Dec. 27, 2016 PACER
39

MOTION to Withdraw as Attorney Plaintiff's Motion to Withdraw filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Frank, Abigail) (Entered: 01/24/2017)

1 Proposed Order

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Jan. 24, 2017 PACER
40

ELECTRONIC ORDER granting 39 Motion to Withdraw as Attorney. Attorney Abigail Hill Frank is terminated. (Ordered by Magistrate Judge Renee Harris Toliver on 1/25/2017) (chmb) (Entered: 01/25/2017)

Jan. 25, 2017 PACER
41

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Leah M. Watson (Filing fee $25; Receipt number 0539-8171535) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Mirza, Hani) (Entered: 01/30/2017)

1 Exhibit(s) Certificate of Good Standing

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2 Proposed Order

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Jan. 30, 2017 PACER
42

ELECTRONIC ORDER granting 41 Application for Admission Pro Hac Vice of Leah M. Watson. If not already done, Applicant must register as an ECF User within 14 days of the date of this order. See Local Rule 5.1(f). (Ordered by Magistrate Judge Renee Harris Toliver on 1/31/2017) (chmb) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
43

MOTION to Certify Class filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Certificate of Conference, # 2 Proposed Order) (Handley, Matthew) (Entered: 02/10/2017)

1 Certificate of Conference

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2 Proposed Order

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Feb. 10, 2017 PACER
44

(Document Restricted) Unopposed Motion for Leave to File Memorandum of Law in Support of Motion for Class Certification and Accompanying Appendix of Exhibits Under Seal Pending Further Court Order(Sealed pursuant to motion to seal) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Certificate of Conference, # 2 ***UNSEALED per 51 Order*** Memorandum in Support of Motion, # 3 Proposed Order) (Handley, Matthew) Docket entry security for Doc. 44-2 and text modified on 3/13/2017 (twd). (Entered: 02/10/2017)

2 Memorandum in Support of Motion

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Feb. 10, 2017 PACER
45

(Document Restricted) Sealed Appendix in Support re: 44 Unopposed Motion for Leave to File Memorandum of Law in Support of Motion for Class Certification and Accompanying Appendix of Exhibits Under Seal Pending Further Court Order filed by Derek Manners, Claire Stanley, Christopher Stewart. (cea) (Entered: 02/13/2017)

Feb. 10, 2017 PACER
46

MOTION for Extension of Time to File Response/Reply to 43 MOTION to Certify Class, 44 (Document Restricted) Unopposed Motion for Leave to File Memorandum of Law in Support of Motion for Class Certification and Accompanying Appendix of Exhibits Under Seal Pending Further Court Order filed by Barbri Inc. (Fordan, Amie) (Entered: 03/02/2017)

March 2, 2017 PACER
47

ELECTRONIC ORDER granting 46 Motion to Extend Time to File Response/Reply. Response due by 3/10/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 3/8/2017) (chmb) (Entered: 03/08/2017)

March 8, 2017 PACER
48

RESPONSE filed by Barbri Inc re: 43 MOTION to Certify Class (Fordan, Amie) (Entered: 03/10/2017)

March 10, 2017 PACER
49

Appendix in Support filed by Barbri Inc re 48 Response/Objection (Fordan, Amie) (Entered: 03/10/2017)

March 10, 2017 PACER
50

RESPONSE filed by Barbri Inc re: 44 Sealed Plaintiffs' Unopposed Motion for Leave to File Memorandum of Law in support of Motion for Class Certification and Accompanying Appendix of Exhibits Under Seal Pending Further Court Order (Fordan, Amie) (Entered: 03/10/2017)

March 10, 2017 PACER
51

ELECTRONIC ORDER granting in part and denying in part sealed and/or ex parte motion 44 . The Clerk is DIRECTED to unseal Plaintiffs' Memorandum of Law in Support of Motion for Class Certification [Doc. 44-2]. Plaintiffs' Supporting Appendix [Doc. 45] shall remain under seal. (Ordered by Magistrate Judge Renee Harris Toliver on 3/13/2017) (chmb) (Entered: 03/13/2017)

March 13, 2017 PACER
52

Joint Motion for Modification of Scheduling Order filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Handley, Matthew) (Entered: 03/15/2017)

1 Proposed Order

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March 15, 2017 PACER
53

MOTION for Extension of Time to File Response/Reply to 48 Response/Objection filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Handley, Matthew) (Entered: 03/17/2017)

1 Proposed Order

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March 17, 2017 PACER
54

ELECTRONIC ORDER granting 53 Motion to Extend Time to File Response/Reply. Plaintiffs' Response is due by 4/5/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 3/20/2017) (chmb) (Entered: 03/20/2017)

March 20, 2017 PACER
55

ORDER granting Motion 52 for Modification of the Scheduling Order. Discovery due by 5/31/2017. Deadline for mediation is on or before 6/19/2017. Joint Length of Trial and Status Report due by 6/26/2017. Dispositive Motions due by 9/18/2017. Pretrial Materials and Pretrial Order due by 1/22/2018. Pretrial Conference set for 2/16/2018 at 10:00 AM and Jury Trial set for 2/20/2018 at 09:00 AM in US Courthouse, Courtroom 1409, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Renee Harris Toliver. (Ordered by Magistrate Judge Renee Harris Toliver on 3/21/2017) (mcrd) (Main Document 55 replaced on 3/22/2017) (mcrd). (Entered: 03/21/2017)

March 21, 2017 PACER
56

MOTION to Withdraw as Attorney filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Handley, Matthew) (Entered: 03/31/2017)

1 Proposed Order

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March 31, 2017 PACER
57

ELECTRONIC ORDER granting 56 Motion to Withdraw as Attorney. Attorney Leah M Watson is hereby permitted to withdraw. (Ordered by Magistrate Judge Renee Harris Toliver on 4/3/2017) (chmb) (Entered: 04/03/2017)

April 3, 2017 PACER
58

MOTION To File Excess Pages in Reply Brief in Support of Motion for Class Certification re 43 MOTION to Certify Class, 48 Response/Objection filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Certificate of Conference, # 2 Proposed Order) (Handley, Matthew) (Entered: 04/03/2017)

1 Certificate of Conference

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2 Proposed Order

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April 3, 2017 PACER
59

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8319425) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s), # 2 Proposed Order)Attorney Joseph M Sellers added to party Derek Manners(pty:pla), Attorney Joseph M Sellers added to party Claire Stanley(pty:pla), Attorney Joseph M Sellers added to party Christopher Stewart(pty:pla) (Sellers, Joseph) (Entered: 04/03/2017)

1 Exhibit(s)

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2 Proposed Order

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April 3, 2017 PACER
60

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8319489) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s), # 2 Proposed Order)Attorney Shaylyn C Cochran added to party Derek Manners(pty:pla), Attorney Shaylyn C Cochran added to party Claire Stanley(pty:pla), Attorney Shaylyn C Cochran added to party Christopher Stewart(pty:pla) (Cochran, Shaylyn) (Entered: 04/03/2017)

1 Exhibit(s)

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2 Proposed Order

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April 3, 2017 PACER
61

ELECTRONIC ORDER granting 58 Motion. The page limit for Plaintiffs' Reply to the Motion for Class Certification is not to exceed Fifteen (15) pages (exclusive of exhibits, the list of exhibits, the Table of Contents, and Table of Authorities, and cover caption page). (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2017) (chmb) (Entered: 04/04/2017)

April 4, 2017 PACER
62

ELECTRONIC ORDER granting 59 Application for Admission Pro Hac Vice of Joseph M. Sellers. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2017) (chmb) (Entered: 04/04/2017)

April 4, 2017 PACER
63

ELECTRONIC ORDER granting 60 Application for Admission Pro Hac Vice of Shaylyn Cochran. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2017) (chmb) (Entered: 04/04/2017)

April 4, 2017 PACER
64

(Document Restricted) Motion for Leave to File Reply Brief in Support of Motion for Class Certification and Accompanying Appendix of Exhibits Under Seal (Sealed pursuant to motion to seal) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Plaintiffs' Reply Brief in Support of Their Motion for Class Certification and Appointment of Class Representatives and Class Counsel, # 2 Appendix to Plaintiffs' Reply Brief in Support of Their Motion for Class Certification and Appointment of Class Representatives and Class Counsel, # 3 Certificate of Conference, # 4 Proposed Order) (Handley, Matthew) (Entered: 04/05/2017)

April 5, 2017 PACER
65

RESPONSE filed by Barbri Inc re: 64 Sealed Plaintiffs' Motion for Leave to File Reply Brief in Support of Motion for Class Certification and Accompanying Appendix of Exhibits under Seal pending further Court Order (Fordan, Amie) (Entered: 04/19/2017)

April 19, 2017 PACER
66

REPLY filed by Derek Manners, Claire Stanley, Christopher Stewart re: 64 Sealed Motion for Leave to File Reply Brief in Support of Motion for Class Certification and Accompanying Appendix of Exhibits Under Seal. (Handley, Matthew) (Entered: 05/03/2017)

May 3, 2017 PACER
67

MOTION for Modification of the Scheduling Order filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Cochran, Shaylyn) (Entered: 05/22/2017)

1 Proposed Order

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May 22, 2017 PACER
68

ELECTRONIC ORDER granting 67 Joint Motion for Modification of the Scheduling Order. Fact discovery must be completed by 6/30/2017. The deadline for the submission of a joint estimate of trial length and status report is 7/26/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 5/23/2017) (chmb) (Entered: 05/23/2017)

May 23, 2017 PACER
69

Alternative Dispute Resolution Summary filed by Jeff Kaplan. Attorneys in Attendance: Matthew K. Handley, Hani Mirza, Shaylyn Cochran, R. Wayne Gordon and Amie P. Fordan. Prv Fee: $ 5,390.00. Outcome of ADR: Continuing to work with parties to reach a settlement. (Kaplan, Jeff) (Entered: 06/09/2017)

June 9, 2017 PACER
70

Joint MOTION to Stay or Abate this Case Following Mediation filed by Barbri Inc (Fordan, Amie) (Entered: 06/13/2017)

June 13, 2017 PACER
71

ELECTRONIC ORDER granting 70 Motion to Stay. (Ordered by Magistrate Judge Renee Harris Toliver on 6/14/2017) (chmb) (Entered: 06/14/2017)

June 14, 2017 PACER
72

NOTICE of Attorney Appearance by Jessica Glatzer Mason on behalf of Barbri Inc. (Filer confirms contact info in ECF is current.) (Mason, Jessica) (Entered: 06/15/2017)

June 15, 2017 PACER
73

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kristian Hinson (Filing fee $25; Receipt number 0539-8481859) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Mirza, Hani) (Entered: 06/19/2017)

1 Exhibit(s) Certificate of Good Standing

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2 Proposed Order

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June 19, 2017 PACER
74

ELECTRONIC ORDER granting 73 Application for Admission Pro Hac Vice of Kristian Hinson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Magistrate Judge Renee Harris Toliver on 6/26/2017) (chmb) (Entered: 06/26/2017)

June 26, 2017 PACER
75

Joint MOTION to Extend Time of Abatement filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Proposed Order) (Cochran, Shaylyn) (Entered: 07/20/2017)

1 Proposed Order

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July 20, 2017 PACER
76

ELECTRONIC ORDER granting 75 Motion to Extend Time. (Ordered by Magistrate Judge Renee Harris Toliver on 7/21/2017) (chmb) (Entered: 07/21/2017)

July 21, 2017 PACER
77

ELECTRONIC ORDER: On July 21, 2017, the Court granted the parties an abeyance of this case for settlement purposes until October 6, 2017. The abeyance has expired and the parties have not updated the Court on the status of the case. Accordingly, the parties are ORDERED to file a status update no later than 11/6/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 10/16/2017) (chmb) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
78

Alternative Dispute Resolution Summary filed by Jeff Kaplan. Attorneys in Attendance: Matthew K. Handley, Deepa Goraya, Shaylyn Cochran, Hani Mirza, R. Wayne Gordon, Amie P. Fordan and Jessica Glatzer Mason. Prv Fee: $ 5,450.00. Outcome of ADR: Settled as a result of ADR. (Kaplan, Jeff) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
79

ORDER: The parties are directed to file the appropriate dismissal papers: a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), or an agreed motion with corresponding proposed order, no later than 11/24/2017. If a stipulation of dismissal or motion to dismiss is not filed by 11/24/2017, and further proceedings become necessary or desirable, the parties should immediately file a Joint Status Report. All scheduling deadlines are stayed until further order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 10/26/2017) (mcrd) Modified on 11/2/2017 (Toliver, Renee). (Entered: 10/26/2017)

Oct. 26, 2017 PACER
80

Joint MOTION for Extension of Time to File Closing Documents filed by Barbri Inc (Fordan, Amie) (Entered: 11/17/2017)

Nov. 17, 2017 PACER
81

ELECTRONIC ORDER granting 80 Motion for Extension of Time to File Final Dismissal Papers. Dismissal Papers are due by 12/22/2017. (Ordered by Magistrate Judge Renee Harris Toliver on 11/20/2017) (chmb) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
86

Joint STIPULATION to Extend Time for Compliance with Consent Decree by Barbri Inc. (Mason, Jessica) (Entered: 07/01/2019)

July 1, 2019
82

Joint MOTION for Extension of Time to File Closing Documents filed by Barbri Inc (Fordan, Amie) (Entered: 12/20/2017)

Dec. 20, 2017 PACER
87

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539−10175652) filed by Derek Manners, Claire Stanley, Christopher Stewart (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney Margaret Hart added to party Derek Manners(pty:pla), Attorney Margaret Hart added to party Claire Stanley(pty:pla), Attorney Margaret Hart added to

Aug. 8, 2019
83

ELECTRONIC ORDER granting 82 Motion for Extension of Time to File Dismissal Papers. Final dismissal papers are due by 1/22/2018. (Ordered by Magistrate Judge Renee Harris Toliver on 12/28/2017) (chmb) (Entered: 12/28/2017)

Dec. 28, 2017 PACER
89

NOTICE of Website and Mobile Application Correction re: 85 Judgment filed by Barbri Inc (Mason, Jessica) (Entered: 09/25/2019)

Sept. 25, 2019
84

Joint STIPULATION OF DISMISSAL and to Approve Consent Decree by Barbri Inc. (Attachments: # 1 Exhibit(s) A - Consent Decree) (Gordon, R) (Entered: 01/19/2018)

1 Exhibit(s) A - Consent Decree

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Jan. 19, 2018 PACER
85

CONSENT DECREE. (Ordered by Magistrate Judge Renee Harris Toliver on 1/22/2018) (zkc) (Entered: 01/22/2018)

Jan. 22, 2018 RECAP

State / Territory: Texas

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: April 25, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs were three blind recent law students who were enrolled in a BarBi bar preparation course.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Barbri, 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.

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - 2021

Content of Injunction:

Auditing

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitoring

Provide antidiscrimination training

Reasonable Accommodation

Reporting

Training

Issues

General:

Access to public accommodations - privately owned

Barrier Removal

Communication skills

Reasonable Accommodations

Screen readers and similar accessibility devices

Special education

Testing

Test or device

Website

Discrimination-area:

Accommodation / Leave

Testing

Training

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Type of Facility:

Non-government for profit