Case: Kurlander v. Kroenke Sports & Entertainment

1:16-cv-02754 | U.S. District Court for the District of Colorado

Filed Date: Nov. 10, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 10, 2016, the plaintiff, a deaf Colorado woman, filed this lawsuit in the U.S. District court for the District of Colorado. The plaintiff sued Kroenke Sports & Entertainment, LLC—the company which manages the Pepsi Center in Denver, CO—on behalf of herself and all Pepsi Center patrons who are deaf or hard of hearing. The plaintiff, represented by the Civil Rights Education and Enforcement Center, sought declaratory and injunctive relief on the basis that the Pepsi Center, by failing…

On November 10, 2016, the plaintiff, a deaf Colorado woman, filed this lawsuit in the U.S. District court for the District of Colorado. The plaintiff sued Kroenke Sports & Entertainment, LLC—the company which manages the Pepsi Center in Denver, CO—on behalf of herself and all Pepsi Center patrons who are deaf or hard of hearing. The plaintiff, represented by the Civil Rights Education and Enforcement Center, sought declaratory and injunctive relief on the basis that the Pepsi Center, by failing to provide captioning or other communication services to deaf and hard-of-hearing patrons, had violated Title III of the ADA.

The plaintiff filed an official motion for class certification on March 22, 2017. The complaint defined the class as "all Pepsi Center patrons who are deaf or hard of hearing and unable to hear using assistive listening devices, who have been since November 10, 2014, or in the future will be, denied full and equal enjoyment of the goods, services, facilities, advantages or accommodations of the Pepsi Center based on Defendant's failure to provide close captioning of aural content. The defendants opposed this motion on April 20, 2017.

On August 31, 2017, the Court (Judge Wiley Y. Daniel) ruled on the motion for certification in favor of the plaintiffs. The court adopted the plaintiff's proposed class definition and agreed that the Civil Rights Education and Enforcement Center would stay on as class counsel. 276 F. Supp. 3d 1077.

After the certification of the class, the parties started negotiating a consent decree. On December 29, 2017, the plaintiff filed an unopposed motion for preliminary approval of the class consent decree Less than two weeks later, the Court approved the preliminary consent decree, subject to a fairness hearing to be held on April 5, 2018. The court held that the preliminary consent decree was satisfactory because it (1) provided for open captioning; (2) ordered that a third-party consultant monitor the quality of that captioning; and (3) provided for notice of captioning services online.

Approximately a week before the fairness hearing, the plaintiffs moved for final improvement of the class action settlement and for attorneys' fees and costs. The fairness hearing was held on April 5, 2018. The very same day, the court issued a minute order granting final approval of the class action settlement and the motion for attorneys' fees and costs.

On April 13, 2018, the court issued more detailed orders. First, the plaintiffs' attorneys were to receive $156,104.00 in fees and $5,637.52 in costs. Second, all nonclass claims pertinent to the Pepsi Center's lack of aural services were dismissed. Finally, the consent decree was approved. Before the start of the Colorado Avalanche's first preseason game (September 19, 2018), the Pepsi Center was to provide captioning for all prerecorded lyrics and content, to be displayed on four LED screens in four corners of the arena. The Pepsi Center also needed to provide information regarding the new captioning services on signage around the center, in printed materials, and online. A third-party monitor was required to retained at the Pepsi Center's own expense in order to ensure the quality of the captioning—transcription accuracy was to be maintained at a minimum 90%. Monitoring was to last three years or until all disputes were terminated, whichever was later. Finally, the Pepsi Center was required to train its employees on and about these new services.

The court retained jurisdiction to ensure the enforcement of the consent decree for the duration of the term.

Summary Authors

Megan Brown (5/15/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6363795/parties/kurlander-v-kroenke-sports-entertainment-llc/


Judge(s)

Daniel, Wiley Young (Colorado)

Attorneys(s) for Plaintiff

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Hazen, Laura J. (Colorado)

Klopman, Susan Penniman (Colorado)

Judge(s)

Daniel, Wiley Young (Colorado)

Attorneys(s) for Plaintiff

Robertson, Amy Farr (Colorado)

Attorneys(s) for Defendant

Hazen, Laura J. (Colorado)

Klopman, Susan Penniman (Colorado)

Documents in the Clearinghouse

Document

1:16-cv-02754

Docket [PACER]

April 13, 2018

April 13, 2018

Docket
1

1:16-cv-02754

Class Action Complaint

Nov. 10, 2016

Nov. 10, 2016

Complaint
14

1:16-cv-02754

Second Amended Class Action Complaint

March 20, 2017

March 20, 2017

Complaint
55

1:16-cv-02754

Order on Class Classification

276 F.Supp.3d 1077

Aug. 31, 2017

Aug. 31, 2017

Order/Opinion
73

1:16-cv-02754

Order Granting Plaintiff's Unopposed Motion for Attorney's Fees and Costs

April 13, 2018

April 13, 2018

Order/Opinion
77

1:16-cv-02754

Consent Decree

Krulander v. Kroenke Sports & Entertainment

April 13, 2018

April 13, 2018

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6363795/kurlander-v-kroenke-sports-entertainment-llc/

Last updated Aug. 7, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kroenke Sports & Entertainment, LLC (Filing fee $ 400,Receipt Number 1082-5241522)Attorney Amy Farr Robertson added to party Kirstin Kurlander(pty:pla), filed by Kirstin Kurlander. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet - Kurlander v KSE, # 2 Summons Civil Summons - KSE)(Robertson, Amy) (Entered: 11/10/2016)

1 Civil Cover Sheet Civil Cover Sheet - Kurlander v KSE

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2 Summons Civil Summons - KSE

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Nov. 10, 2016

Nov. 10, 2016

RECAP
2

Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (sphil, ) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
3

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 11/14/2016)

1 Magistrate Judge Consent Form

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Nov. 14, 2016

Nov. 14, 2016

PACER
4

ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for non-dispositive matters. That pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. (5) Conduct a pretrial conference and enter a pretrial order. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. Entered by Judge Wiley Y. Daniel on 11/22/16. Text Only Entry (rkeec) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
5

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 11/30/16. A Scheduling Conference is set for 1/25/2017 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, seven days prior to the Scheduling Conference. (bwilk, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
6

WAIVER OF SERVICE Returned Executed by Kirstin Kurlander. Kroenke Sports & Entertainment, LLC waiver sent on 11/14/2016, answer due 1/13/2017. (Robertson, Amy) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
7

AMENDED COMPLAINT against Kroenke Sports & Entertainment, LLC, filed by Kirstin Kurlander.(Robertson, Amy) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
8

NOTICE of Filing Amended Pleading by Plaintiff Kirstin Kurlander (Attachments: # 1 Exhibit Amended Complaint Comparison)(Robertson, Amy) (Entered: 01/13/2017)

1 Exhibit Amended Complaint Comparison

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Jan. 13, 2017

Jan. 13, 2017

PACER
9

Proposed Scheduling Order by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
10

ANSWER to 7 Amended Complaint Attorney Susan Penniman Klopman added to party Kroenke Arena Company, LLC,(pty:dft), Attorney Susan Penniman Klopman added to party Kroenke Sports & Entertainment, LLC(pty:dft) by Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC.(Klopman, Susan) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
11

COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 1/25/2017 before Magistrate Judge Nina Y. Wang. Motion for class certification due 3/23/2017. Response due 4/20/2017. Reply due 5/4/2017. A Telephonic Status Conference is set for 5/16/2017, at 9:00 AM before Magistrate Judge Nina Y. Wang in Courtroom C-204. A Joint Status Report is due on or before 5/9/2017. Discovery cut-off: 10/31/2017. Dispositive motions due 11/30/2017. A Final Pretrial Conference is set for 1/16/2018, at 2:00 PM before Magistrate Judge Nina Y. Wang in Courtroom C-204. The parties shall electronically file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in a Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: Courtroom C-204. (bwilk, ) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
12

SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 1/25/17. (bwilk, ) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
13

NOTICE of Filing Amended Pleading by Plaintiff Kirstin Kurlander (Attachments: # 1 Exhibit First-Second Amended Complaint Comparison)(Robertson, Amy) (Entered: 03/20/2017)

1 Exhibit First-Second Amended Complaint Comparison

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March 20, 2017

March 20, 2017

PACER
14

AMENDED COMPLAINT against Kroenke Arena Company, LLC,, filed by Kirstin Kurlander.(Robertson, Amy) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
15

MOTION to Certify Class by Plaintiff Kirstin Kurlander. (Attachments: # 1 Exhibit Kurlander Declaration, # 2 Exhibit Tyrcha Declaration, # 3 Exhibit Buckhold Declaration, # 4 Exhibit C. Moers Declaration, # 5 Exhibit J. Moers Declaration, # 6 Exhibit McGurran Declaration, # 7 Exhibit Robertson Declaration & Exhibits, # 8 Proposed Order (PDF Only) Proposed Order Granting Class Certification)(Robertson, Amy) (Entered: 03/22/2017)

1 Exhibit Kurlander Declaration

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2 Exhibit Tyrcha Declaration

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3 Exhibit Buckhold Declaration

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4 Exhibit C. Moers Declaration

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5 Exhibit J. Moers Declaration

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6 Exhibit McGurran Declaration

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7 Exhibit Robertson Declaration & Exhibits

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8 Proposed Order (PDF Only) Proposed Order Granting Class Certification

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March 22, 2017

March 22, 2017

PACER
16

ANSWER to 14 Amended Complaint Attorney Laura J. Hazen added to party Kroenke Arena Company, LLC,(pty:dft), Attorney Laura J. Hazen added to party Kroenke Sports & Entertainment, LLC(pty:dft) by Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC.(Hazen, Laura) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
17

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 16 Answer to Amended Complaint, filed by attorney Susan P. Klopman. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3 (c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, ) (Entered: 04/06/2017)

April 5, 2017

April 5, 2017

PACER
18

RESPONSE to 15 MOTION to Certify Class filed by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. (Attachments: # 1 Exhibit Exhibit A - Johnston Affidavit, # 2 Exhibit Exibit B - Swinny Affidavit)(Klopman, Susan) (Entered: 04/20/2017)

1 Exhibit Exhibit A - Johnston Affidavit

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2 Exhibit Exibit B - Swinny Affidavit

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April 20, 2017

April 20, 2017

PACER
19

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 18 Response to Motion, filed by attorney Susan P. Klopman. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures. Phone number and e-mail address are missing. (Civil cases). DO NOT REFILE THE DOCUMENT. (Text Only Entry) (evana, ) (Entered: 04/21/2017)

April 20, 2017

April 20, 2017

PACER
20

Exhibits Signed Exhibit A to Response to 18 Motion by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. (Klopman, Susan) (Modified on 4/21/2017 added link to 18 )(evana, ). (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
21

Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Certify Class by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
22

MINUTE ORDER Granting 21 Motion for Extension of Time to File Reply in Support of 15 Motion for Class Certification, not later than Friday, May 19, 2017, by Judge Wiley Y. Daniel on 5/2/2017. (evana, ) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
23

Joint STATUS REPORT by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
24

MINUTE ENTRY for proceedings held before Magistrate Judge Nina Y. Wang: Telephonic Discovery Conference Hearing held on 5/16/2017. ORDERED: Defendant shall file a Motion for Protective Order related to the non-testifying expert emails on or before May 22, 2017. Plaintiff shall respond on or before June 5, 2017. Defendant shall reply on or before June 12, 2017. FTR: Wang-am. (nmarb, ) (Entered: 05/19/2017)

May 16, 2017

May 16, 2017

PACER
25

REPLY to Response to 15 MOTION to Certify Class filed by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
26

MOTION for Protective Order by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. (Klopman, Susan) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
27

RESTRICTED DOCUMENT - Level 2: by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC.. (Klopman, Susan) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
28

RESTRICTED DOCUMENT - Level 2: by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC.. (Klopman, Susan) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
29

MEMORANDUM regarding 26 MOTION for Protective Order filed by Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 5/23/17. Text Only Entry (rkeec) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
30

RESTRICTED DOCUMENT - Level 1: Opposition to Motion for Protective Order and to Quash Subpoena Duces Tecum by Plaintiff Kirstin Kurlander. (Robertson, Amy) Modified on 7/20/2017 to unrestrict entry pursuant to 45 Order. (nmarb, ). (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
31

MOTION for Leave to Restrict by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. (Klopman, Susan) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
33

Opposition RESPONSE to 26 MOTION for Protective Order and to Quash Subpoena Duces Tecum, filed by Plaintiff Kirstin Kurlander. (Public Entry for RESTRICTED 30 Document, filed 6/5/2017) (evana, ) (Entered: 06/06/2017)

June 5, 2017

June 5, 2017

PACER
32

MEMORANDUM regarding 31 MOTION for Leave to Restrict filed by Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 6/6/17. Text Only Entry (rkeec) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
34

MINUTE ORDER re: 26 MOTION for Protective Order filed by Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. A Motion Hearing is set for 7/11/2017 02:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 6/7/2017. Text Only Entry (nywlc1) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
35

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/8/17. The Unopposed Motion to Restrict Access 31 is GRANTED; and The Clerk of the Court is DIRECTED to MAINTAIN a Level 2 Restriction for 27 and 28 . (bwilk, ) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
36

REPLY to Response to 26 MOTION for Protective Order and to Quash Subpoena Duces Tecum filed by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. (Klopman, Susan) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
37

Joint MOTION for Extension of Time to or Clarification of Expert Deadlines by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
38

MEMORANDUM regarding 37 Joint MOTION for Extension of Time to or Clarification of Expert Deadlines filed by Kirstin Kurlander. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 6/14/17. Text Only Entry (rkeec) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
39

ORDER granting 37 Motion for Extension of Time. The deadline by which to designate Affirmative Experts is extended up to and including 9/1/2017, and the deadline by which to designate Rebuttal Experts is extended up to and including 10/2/2017. All other deadlines REMAIN SET. By Magistrate Judge Nina Y. Wang on 6/14/2017. Text Only Entry (nywlc1) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
40

MINUTE ORDER by Judge Wiley Y. Daniel on 07/03/2017. A hearing on Plaintiff's Motion for Class Certification (ECF No. 15 ) is set for Wednesday, August 9, 2017, at 10:00 a.m. in Courtroom A-1002. (athom, ) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
41

COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 7/11/2017 before Magistrate Judge Nina Y. Wang. Motion for Protective Order and to Quash Subpoena Duces Tecum 26 is TAKEN UNDER ADVISEMENT. A written order shall issue. Parties shall meet and confer regarding if the documents need to be restricted or if a redacted version of the document can be filed. On or before 7/14/2017, parties shall file a redacted version of each document or a motion to restrict each document in compliance with D.C.COLO.LCivR 7.2. FTR: Courtroom C-204. (bwilk, ) (Entered: 07/12/2017)

July 11, 2017

July 11, 2017

PACER
42

RESPONSE to 26 MOTION for Protective Order and to Quash Subpoena Duces Tecum filed by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
43

Exhibits in Support of 26 MOTION for Protective Order by Defendants Kroenke Arena Company, LLC,, Kroenke Sports & Entertainment, LLC. (Attachments: # 1 Exhibit Exhibit)(Klopman, Susan) (Entered: 07/14/2017)

1 Exhibit Exhibit

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July 14, 2017

July 14, 2017

PACER
44

MINUTE ORDER: the Parties are reminded that counsel must file a motion to restrict the currently redacted 42 Response to Motion filed by Kirstin Kurlander and fully restricted 33 Response to Motion filed by Kirstin Kurlander. Failure to file a supporting motion to restrict on or before 7/21/2017 may result in the court unrestricting 33 Response to Motion. By Magistrate Judge Nina Y. Wang on 7/17/2017. Text Only Entry (nywlc1) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
45

ORDER by Magistrate Judge Nina Y. Wang on 7/20/17 DENYING 26 Defendant's Motion for Protective Order and To Quash Subpoena Duces Tecum. Consonant with this courts findings as stated herein, the Clerk of the Court is DIRECTED to UNRESTRICT the [#30] Opposition to Motion for Protective Order and to Quash Subpoena Duces Tecum, and the Parties shall disregard the [#44] Minute Order directing them to file an associated motion to restrict on or before July 21, 2017. (nmarb, ) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
46

SUPPLEMENT/AMENDMENT to 25 Reply to Response to Motion for Class Certification by Plaintiff Kirstin Kurlander. (Attachments: # 1 Exhibit Robertson Dec. w Exhibits)(Robertson, Amy) (Entered: 07/28/2017)

1 Exhibit Robertson Dec. w Exhibits

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July 28, 2017

July 28, 2017

PACER
47

Stipulated MOTION for Protective Order by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
48

MEMORANDUM regarding 47 Stipulated MOTION for Protective Order filed by Kirstin Kurlander. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 8/2/17. Text Only Entry (rkeec) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
49

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 8/3/17. (bwilk, ) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
50

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Motion Hearing held on 8/9/2017. Granting 15 Motion to Certify Class. Plaintiff shall submit a modified form of order not later than Friday, August 25, 2017. Court Reporter: Julie Thomas. (rkeec) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
51

Joint MOTION for Extension of Time to Complete Discovery and Disclose Expert and Rebuttal Expert Witnesses by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
52

MEMORANDUM regarding 51 Joint MOTION for Extension of Time to Complete Discovery and Disclose Expert and Rebuttal Expert Witnesses filed by Kirstin Kurlander. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 8/24/17. Text Only Entry (rkeec) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
53

ORDER granting 51 Motion for Extension of Time. The deadline by which to complete Discovery is extended to 11/30/2017; the deadline by which to designate Affirmative Experts is extended to 10/2/2017; the deadline by which to designate Rebuttal Experts is extended to 11/1/2017; and the deadline by which to file Dispositive Motions is extended to 1/15/2018. The Final Pretrial Conference set for 1/16/2018 is VACATED and RESET to 3/2/2018 10:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The Proposed Pretrial Order is due by 2/23/2018. By Magistrate Judge Nina Y. Wang on 8/25/2017. Text Only Entry (nywlc1) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
54

NOTICE of filing Plantiff's Submission of Draft Order Granting Motion for Class Certification by Plaintiff Kirstin Kurlander. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Plaintiff's Motion for Class Certification and Appointing Class Representative and Class Counsel)(Robertson, Amy) (Modified on 8/28/2017 edited to reflect Modified Form of Order and not a motion)(evana, ). (Entered: 08/25/2017)

1 Proposed Order (PDF Only) Proposed Order Granting Plaintiff's Motion for Cl

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Aug. 25, 2017

Aug. 25, 2017

PACER
55

ORDER that Defendant's various objections to certification are overruled, and Plaintiff's Motion for Class Certification ECF No. 15, is GRANTED. Further, it is ORDERED that Plaintiff Kirstin Kurlander shall be certified as the representative of a class of individuals seeking injunctive relief as defined in this Order, and Amy Robertson shall be appointed as class counsel pursuant to Rule 23(g), by Judge Wiley Y. Daniel on 8/31/2017. (evana, ) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
56

Joint MOTION for Extension of Time to Complete Discovery and Disclose Expert and Rebuttal Expert Witnesses by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
57

MEMORANDUM regarding 56 Joint MOTION for Extension of Time to Complete Discovery and Disclose Expert and Rebuttal Expert Witnesses filed by Kirstin Kurlander. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 9/18/17. Text Only Entry (rkeec) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
58

ORDER granting 56 Motion for Extension of Time to File. The deadline by which to designate Affirmative Experts is extended from 10/2/2017 up to and including 11/6/2017, the deadline by which to designate Rebuttal Experts is extended from 11/1/2017 up to and including 12/4/2017, and the deadline by which to complete discovery is extended from 11/30/2017 up to and including 12/29/2017. Counsel did not contemporaneously serve their clients with a copy of the motion, as is required by Local Rule 6.1(c). Failure to follow this or any other Local Rule in the future may result in the court striking or denying the motion without substantive consideration. By Magistrate Judge Nina Y. Wang on 9/18/2017. Text Only Entry (nywlc1) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
59

Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
60

MEMORANDUM regarding 59 Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines filed by Kirstin Kurlander. Motion referred to Magistrate Judge Nina Y. Wang by Judge Wiley Y. Daniel on 10/16/17. Text Only Entry (rkeec) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
61

MINUTE ORDER re: 59 Joint MOTION for Extension of Time to Complete Discovery and Other Deadlines filed by Kirstin Kurlander. A Telephonic Status Conference is set for 10/25/2017 09:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Counsel shall coordinate a conference call prior to contacting chambers at 303.335.2600 on one telephone line at the designated time. By Magistrate Judge Nina Y. Wang on 10/18/2017. Text Only Entry (nywlc1) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
62

COURTROOM MINUTES/MINUTE ORDER for Telephonic Status Conference held on 10/25/2017 before Magistrate Judge Nina Y. Wang. Joint Motion for Two-Month Extension of Deadlines and/or for a Status Conference 59 is GRANTED. The proposed dates are accepted. Expert disclosures are due January 5, 2018. Rebuttal expert disclosures are due February 2, 2018. Fact discovery cutoff is March 2, 2018. Dispositive motion deadline is April 6, 2018. A Final Pretrial Conference is set for May 16, 2018, at 9:30 a.m. before Magistrate Judge Nina Y. Wang in Courtroom C-204. NO FURTHER EXTENSIONS WILL BE PERMITTED ABSENT EXTRAORDINARY CIRCUMSTANCES. FTR: Courtroom C-204. (bwilk, ) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
63

Unopposed MOTION for Order to for Preliminary Approval of Class Action Consent Decree by Plaintiff Kirstin Kurlander. (Attachments: # 1 Declaration of Amy F. Robertson)(Robertson, Amy) (Entered: 12/29/2017)

1 Declaration of Amy F. Robertson

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Dec. 29, 2017

Dec. 29, 2017

PACER
64

Proposed Order Granting Preliminary Approval of Class Action Consent Decree and Ordering Fairness Hearing, re: 63 Unopposed Motion by Plaintiff Kirstin Kurlander. (Robertson, Amy) Modified on 1/9/2018 to correct document title and linkage. (sphil, ). (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
65

ORDER Granting Preliminary Approval of Class Action Consent Decree and Ordering Fairness Hearing, by Judge Wiley Y. Daniel on 01/09/2018, re: 63 Unopposed MOTION for Order. FURTHER ORDERED that Plaintiffs provide notice to the class members by means of the proposed plan and form of notice on or before Monday, January 22, 2018. Objections to the proposed Consent Decree shall be filed with the Clerk of the Court not later than Thursday, February 22, 2018. FURTHER ORDERED that a Fairness Hearing is SET for April 5, 2018 at 10:00 a.m. in Courtroom A-1002. (sphil, ) (Entered: 01/10/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER

***Set/Reset Hearings: In Court Hearing (Fairness Hearing) set for 4/5/2018 at 10:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. (sphil, ) Modified on 1/12/2018 to remove restriction. (sphil, ).

Jan. 10, 2018

Jan. 10, 2018

PACER
66

Unopposed MOTION for Order to for Final Approval of Class Action Settlement by Plaintiff Kirstin Kurlander. (Attachments: # 1 Joswick Declaration with Photo)(Robertson, Amy) (Entered: 03/23/2018)

1 Joswick Declaration with Photo

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March 23, 2018

March 23, 2018

PACER
67

Unopposed MOTION for Attorney Fees and Costs by Plaintiff Kirstin Kurlander. (Attachments: # 1 Declaration of D. Killmer in Support of Plaintiff's Motion for Reasonable Attorneys' Fees)(Robertson, Amy) (Entered: 03/23/2018)

1 Declaration of D. Killmer in Support of Plaintiff's Motion for Reasonable

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March 23, 2018

March 23, 2018

PACER
68

DECLARATION of Amy F. Robertson with Exhibits regarding Unopposed MOTION for Attorney Fees and Costs 67, Unopposed MOTION for Order to for Final Approval of Class Action Settlement 66 by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
69

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: In Court Hearing held on 4/5/2018. 66 Motion for Order is GRANTED. 67 Motion for Attorney Fees is GRANTED. Plaintiffs shall submit 1) proposed consent decree; 2) proposed order and judgment related to consent decree; 3) proposed form of order on attorneys fees and costs; and 4) stipulation and order regarding the settled claim unrelated to the consent decree not later than Thursday, April 12, 2018. Court Reporter: Julie Thomas. (rkeec) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
70

Unopposed MOTION for Extension of Time to File Proposed Orders by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
71

STIPULATION To Dismiss Non-Class Claims with Prejudice by Plaintiff Kirstin Kurlander. (Robertson, Amy) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
72

Unopposed MOTION for Order to Submitting Draft Orders by Plaintiff Kirstin Kurlander. (Attachments: # 1 Consent Decree with Exhibits, # 2 Proposed Order Granting Motion for Final Approval, # 3 Proposed Order Granting Motion for Attorneys' Fees, # 4 Proposed Order Dismissing Non-Class Claims)(Robertson, Amy) (Entered: 04/12/2018)

1 Consent Decree with Exhibits

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2 Proposed Order Granting Motion for Final Approval

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3 Proposed Order Granting Motion for Attorneys' Fees

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4 Proposed Order Dismissing Non-Class Claims

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April 12, 2018

April 12, 2018

PACER
73

ORDER that Plaintiff's Unopposed Motion for Attorneys Fees and Costs ECF No. 67 is GRANTED. Further it is ORDERED that, on or before June 12, 2018, KAC shall pay Class Counsel the amount of $156,104.00 in attorneys' fees and $5,637.52 in costs, by Judge Wiley Y. Daniel on 4/13/2018. (evana, ) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
74

ORDER Dismissing Non-Class Claims re: 71 the Stipulation to Dismiss Non- Class Claims With Prejudice ECF No. 71 is APPROVED. Further it is ORDERED that the Non-Class Claims are DISMISSED WITH PREJUDICE, and that, with respect to the Non-Class Claims, each party shall bear its own fees and costs, by Judge Wiley Y. Daniel on 4/13/2018. (evana, ) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
75

ORDER that Plaintiff's Unopposed Motion for Final Approval of Class Action Settlement ECF No. 66 is GRANTED. Further it is ORDERED and ADJUDGED that judgment is entered along with and in accordance with the Consent Decree signed by the Court on April 12, 2018, which is incorporated herein by reference, and the settlement reflected therein is given final approval. This Court retains jurisdiction over this matter for the purposes of interpreting and enforcing the Consent Decree, by Judge Wiley Y. Daniel on 4/13/2018. (evana, ) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

RECAP
76

MINUTE ORDER In light of the Plaintiff's Submission of Draft Orders ECF No. 72, filed April 12, 2018, Plaintiff's Unopposed Motion for Extension of Time to File Proposed Orders ECF No. 70, filed April 10, 2018, is DENIED as MOOT, by Judge Wiley Y. Daniel on 4/13/2018. (evana, ) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
77

CONSENT DECREE Order and Judgment, by Judge Wiley Y. Daniel on 4/13/2018. (evana, ) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 10, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Pepsi Center patrons who are deaf or hard of hearing and unable to hear using assistive listening devices, who have been since November 10, 2014, or in the future will be, denied full and equal protection of the goods, services, facilities,, advantages, or accommodations of the Pepsi Center based on Defendant's failure to provide close captioning of aural content.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Pepsi Center, Private Entity/Person

Defendant Type(s):

Movie Theater or Other Entertainment facility

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 161,741.52

Order Duration: 2018 - 2021

Content of Injunction:

Discrimination Prohibition

Monitor/Master

Monitoring

Recordkeeping

Reporting

Training

Issues

General:

Access to public accommodations - privately owned

Reasonable Accommodations

Record-keeping

Staff (number, training, qualifications, wages)

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Non-government non-profit