Case: Blanks v. AMC Entertainment

4:16-cv-00765 | U.S. District Court for the Northern District of California

Filed Date: Feb. 16, 2016

Closed Date: April 21, 2019

Clearinghouse coding complete

Case Summary

On February 16, 2016 two California organizations—the California Council of the Blind and the Lighthouse for the Blind and Visually Impaired—and four individuals with visual impairments filed this class action in the U.S. District Court for the Northern District of California. The plaintiffs alleged that AMC Entertainment violated Title III of the ADA (42 U.S.C. §§ 12111 et seq.) by not providing the proper headsets to accommodate its blind patrons. Some plaintiffs claimed they had been denied …

On February 16, 2016 two California organizations—the California Council of the Blind and the Lighthouse for the Blind and Visually Impaired—and four individuals with visual impairments filed this class action in the U.S. District Court for the Northern District of California. The plaintiffs alleged that AMC Entertainment violated Title III of the ADA (42 U.S.C. §§ 12111 et seq.) by not providing the proper headsets to accommodate its blind patrons. Some plaintiffs claimed they had been denied access to any audio description equipment. Other plaintiffs claimed that when they were provided audio description equipment, the equipment would fail during the movie, preventing the plaintiffs from enjoying the film. Represented by Disability Rights Advocates and Rosen Bien Galvan & Grunfeld, the plaintiffs sought declaratory relief and an injunction requiring the defendants to provide properly functioning audio description equipment and services for individuals who are blind or visually impaired.

The case was originally assigned to Magistrate Judge Elizabeth D. Lapotre. On May 31, 2016 the case was reassigned to Judge Yvonne Gonzalez Rogers, who presided over the rest of the proceedings.

Starting on May 11, 2016 a mediator led settlement discussions between the parties out of court. They reached a settlement in April 2017 and filed a motion to dismiss the case. Judge Rogers granted the order on April 27, 2017.

The settlement required that the defendant make reasonable and diligent efforts to maintain Descriptive Narration Equipment in its theaters and replace any malfunctioning equipment. The defendants were also required to train employees on availability of Descriptive Narration Equipment, including step by step guidelines for setting up the equipment and instruction to test the equipment weekly. The plaintiffs were also awarded attorneys' fees and costs.

The court continued to monitor the terms of the agreement until April 21, 2019. The case is now closed.

Summary Authors

Amanda Stephens (6/8/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4495354/parties/blanks-v-amc-entertainment-inc/


Judge(s)

Rogers, Yvonne Gonzalez (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Marks, Julia Zoog (California)

Nunez, Michael S (California)

Paradis, Laurence W. (California)

Riess, Melissa (California)

Williford, Rebecca S. (California)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Burns, M. Brett (California)

Judge(s)

Rogers, Yvonne Gonzalez (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Marks, Julia Zoog (California)

Nunez, Michael S (California)

Paradis, Laurence W. (California)

Riess, Melissa (California)

Williford, Rebecca S. (California)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Burns, M. Brett (California)

Documents in the Clearinghouse

Document

4:16-cv-00765

Docket [PACER]

Jan. 4, 2019

Jan. 4, 2019

Docket
1

4:16-cv-00765

Complaint

Feb. 16, 2016

Feb. 16, 2016

Complaint
64

4:16-cv-00765

Settlement Agreement and Release

Blanks V. AMC Entertainment

April 17, 2017

April 17, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4495354/blanks-v-amc-entertainment-inc/

Last updated July 16, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. 12101, et seq., against All Defendants ( Filing fee $ 400, receipt number 0971-10215668.). Filed byRobert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. (Attachments: # 1 Civil Cover Sheet)(Williford, Rebecca) (Filed on 2/16/2016) Modified on 2/17/2016 (aaaS, COURT STAFF). (Entered: 02/16/2016)

1 Civil Cover Sheet

View on PACER

Feb. 16, 2016

Feb. 16, 2016

PACER
2

Proposed Summons. (Williford, Rebecca) (Filed on 2/16/2016) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
3

Case assigned to Magistrate Judge Elizabeth D. Laporte. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. by 3/1/2016. (as, COURT STAFF) (Filed on 2/16/2016) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
4

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. Signed by Magistrate Judge Elizabeth D. Laporte on 2/16/16. (Attachments: # 1 EDL Standing Order, # 2 Standing Order)(aaaS, COURT STAFF) (Filed on 2/16/2016) (Entered: 02/17/2016)

1 EDL Standing Order

View on PACER

2 Standing Order

View on PACER

Feb. 16, 2016

Feb. 16, 2016

PACER
5

Summons Issued as to AMC Entertainment Holdings, Inc., AMC Entertainment Inc., American Multi-Cinema, Inc. (aaaS, COURT STAFF) (Filed on 2/17/2016) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
6

WAIVER OF SERVICE Returned Executed filed by Robert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. Service waived by AMC Entertainment Holdings, Inc. waiver sent on 3/1/2016, answer due 5/2/2016. (Williford, Rebecca) (Filed on 3/15/2016) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
7

WAIVER OF SERVICE Returned Executed filed by Robert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. Service waived by AMC Entertainment Inc., waiver sent on 3/1/2016, answer due 5/2/2016. (Williford, Rebecca) (Filed on 3/15/2016) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
8

WAIVER OF SERVICE Returned Executed filed by Robert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. Service waived by American Multi-Cinema, Inc. waiver sent on 3/1/2016, answer due 5/2/2016. (Williford, Rebecca) (Filed on 3/15/2016) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
9

Defendants' ANSWER to 1 Complaint filed by Plaintiffs' byAMC Entertainment Holdings, Inc., AMC Entertainment Inc.,, American Multi-Cinema, Inc.. (Burns, Michael) (Filed on 5/5/2016) Modified on 5/6/2016 (aaaS, COURT STAFF). (Entered: 05/05/2016)

May 5, 2016

May 5, 2016

PACER
10

Statement Declining Magistrate Judge Jurisdiction by AMC Entertainment Inc.,. (Burns, Michael) (Filed on 5/27/2016) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
11

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 5/27/2016) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
12

Certificate of Interested Entities by AMC Entertainment Inc., identifying Corporate Parent AMC Entertainment Holdings, Inc. for AMC Entertainment Inc.,. (Burns, Michael) (Filed on 5/27/2016) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
13

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 5/31/16. (sv, COURT STAFF) (Filed on 5/31/2016) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
14

Notice of Need for Mediation by Rebecca Susanne Williford (Williford, Rebecca) (Filed on 5/31/2016) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
15

STIPULATION WITH PROPOSED ORDER Protective Order filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Williford, Rebecca) (Filed on 5/31/2016) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
16

CERTIFICATE OF SERVICE by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas Standing Order (Marks, Julia) (Filed on 5/31/2016) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER

CASE REFERRED to Mediation 14 . This is a text only docket entry; there is no document associated with this notice. (af, COURT STAFF) (Filed on 6/2/2016)

June 2, 2016

June 2, 2016

PACER
17

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Yvonne Gonzalez Rogers on 6/3/16. (fs, COURT STAFF) (Filed on 6/3/2016) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
18

ORDER REFERRING CASE to Mediation. Compliance Hearing set for Friday, 8/19/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 6/3/16. (fs, COURT STAFF) (Filed on 6/3/2016) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
19

ADR Clerk's Notice Appointing Tamara Lange as Mediator. (af, COURT STAFF) (Filed on 6/9/2016) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
20

Pre MED phone conference scheduled on Monday, June 20, 2016, at 1:30 PM. Mediator provided call-in information to parties. (af, COURT STAFF) (Filed on 6/16/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER

Set/Reset Hearing Mediation Hearing set for 8/17/2016 10:00 AM., at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 6/24/2016)

June 24, 2016

June 24, 2016

PACER
21

STIPULATION WITH PROPOSED ORDER to Extend Time filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Marks, Julia) (Filed on 7/13/2016) Modified on 7/14/2016 (cpS, COURT STAFF). (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
22

Declaration of Julia Marks in Support of 21 STIPULATION WITH PROPOSED ORDER to Extend Time filed byScott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Related document(s) 21 ) (Marks, Julia) (Filed on 7/13/2016) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
23

ORDER by Judge Yvonne Gonzalez Rogers granting 21 Stipulation to Extend Time. (fs, COURT STAFF) (Filed on 7/15/2016) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER

Set/Reset Hearing re 23 Order on Stipulation Compliance Hearing set 8/19/2016 is CONTINUED to Friday, 8/26/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Joint statement filed 8/19/16. (fs, COURT STAFF) (Filed on 7/15/2016)

July 15, 2016

July 15, 2016

PACER
24

NOTICE of Substitution of Counsel by Sidney M. Wolinsky (Wolinsky, Sidney) (Filed on 8/3/2016) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
25

ORDER RE: ATTENDANCE AT MEDIATION. Signed by Magistrate Judge Maria-Elena James on 8/9/2016. (rmm2S, COURT STAFF) (Filed on 8/9/2016) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
26

CERTIFICATION OF MEDIATION Session 8/17/2016, conducted by Mediator, Tamara Lange. Case not settled. Further facilitated discussions are expected, mediation continuing. Mediator will check in with the parties 9/2/2016. (af, COURT STAFF) (Filed on 8/19/2016) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
27

Joint Compliance Report Concerning General Order 56 Mediation filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 8/19/2016) Modified on 8/22/2016 (cpS, COURT STAFF). (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
28

CLERK'S NOTICE CONTINUING COMPLIANCE HEARING. The Compliance Hearing set for 8/26/2016 is CONTINUED to 9/16/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Joint filing by 9/9/2016. . (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 8/23/2016) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
29

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/12/2016. Initial Case Management Conference set for Monday, 9/19/2016 02:00 PM before Hon. Judge Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 8/23/2016) (Entered: 08/23/2016)

1 Standing Order

View on PACER

Aug. 23, 2016

Aug. 23, 2016

PACER
30

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE DATE. The 9/19/2016 Initial Case Management Conference date is VACATED and RESET for MONDAY, 9/26/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Case Management Statement due by 9/19/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 8/24/2016) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
31

Joint Compliance Report Concerning General Order 56 Mediation by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 9/9/2016) Modified on 9/12/2016 (cpS, COURT STAFF). (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
32

CLERK'S NOTICE VACATING COMPLIANCE HEARING. The Friday, 9/16/2016 at 9:01 AM Compliance Hearing is VACATED. The parties are reminded that they must file a joint case management conference statement seven days in advance of the case management conference date currently set for September 26, 2016 at 2:00 p.m. The statement must include all elements requested in the "Standing Order for All Judges of the Northern District of California - Contents of Joint Case Management Statement. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 9/12/2016) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
33

Certificate of Interested Entities by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas (Williford, Rebecca) (Filed on 9/13/2016) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
34

JOINT CASE MANAGEMENT STATEMENT filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, Tamara Lange, American Multi-Cinema, Inc., AMC Entertainment Inc., AMC Entertainment Holdings, Inc.. (Williford, Rebecca) (Filed on 9/19/2016) Modified on 9/20/2016 (vlkS, COURT STAFF). (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
35

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Initial Case Management Conference held on 9/26/2016. Case Management Statement due by 12/5/2016. Non-Expert Discovery due by 2/28/2017. 5 day Bench Trial set for 9/5/2017 08:30 AM before Hon. Yvonne Gonzalez Rogers. Further Case Management Conference set for 12/12/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Expert Discovery Cutoff is 3/3/17. Dispositive and Daubert Motion Hearing set for 5/2/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Pretrial Conference Statement filed by 8/4/17. Pretrial Conference set for Friday, 8/18/2017 09:00 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Compliance Hearing is set for 7/28/2017 09:01 AM before Hon. Yvonne Gonzalez Rogers. Total Time in Court 23 minutes. Court Reporter Name Raynee Mercado. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 9/26/2016) (Entered: 09/30/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
36

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 9/30/16. (fs, COURT STAFF) (Filed on 9/30/2016) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

RECAP

Set/Reset Hearing Mediation Hearing set for 11/22/2016 at 10:00 AM at the Federal Building and Courthouse, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (cmf, COURT STAFF) (Filed on 11/7/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
37

CERTIFICATION OF MEDIATION Session 11/22/2016, conducted by Mediator, Tamara Lange. Case not settled, mediation continuing. Mediator will check in with the parties on 12/19/2016. (af, COURT STAFF) (Filed on 11/29/2016) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
38

UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Nunez, Michael) (Filed on 12/5/2016) Modified on 12/6/2016 (cpS, COURT STAFF). (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER

Set/Reset Hearing Mediation Hearing (further) set for 12/19/2016 11:00 AM., at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 12/6/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
39

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/30/2016. Further Case Management Conference set for 12/12/2016 is CONTINUED to Monday, 1/9/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 12/8/2016) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
40

CERTIFICATION OF MEDIATION Session 12/19/2016, conducted by Mediator, Tamara Lange. Case not settled, mediation continuing. Mediator will check in with the parties by 1/4/2017. This is a text only docket entry; there is no document associated with this notice. (af, COURT STAFF) (Filed on 12/20/2016) Modified on 12/20/2016 (af, COURT STAFF). (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER

Set/Reset Hearing Telephonic Mediation Hearing set for 1/4/2017 03:00 PM. In-person Mediation Hearing set for 1/13/2017 10:00 AM., at the U.S. District Court, in San Francisco. In-person Mediation Hearing set for 1/19/2017 09:30 AM., and will conclude at 3:00 PM, at the U.S. District Court, in San Francisco. (af, COURT STAFF) (Filed on 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
41

STIPULATION WITH [PROPOSED] ORDER to Extend Deadlines filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc. (Attachments: # 1 Declaration of Michael Nunez In Support of Stipulation)(Nunez, Michael) (Filed on 12/22/2016) Modified on 12/23/2016 (cjlS, COURT STAFF). (Entered: 12/22/2016)

1 Declaration of Michael Nunez In Support of Stipulation

View on PACER

Dec. 22, 2016

Dec. 22, 2016

PACER
42

ORDER TO EXTEND DEADLINES by Judge Yvonne Gonzalez Rogers granting 41 Stipulation. Close of Expert Discovery due by 3/24/2017. Close of Fact Discovery due by 3/17/2017. Motions due by 2/28/2017. Opening Reports due by 2/24/2017. Rebuttal Reports due by 3/10/2017. Motion Hearing set for 5/16/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers.. (fs, COURT STAFF) (Filed on 12/23/2016) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
43

Updated Joint Case Management Statement filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Holdings, Inc., AMC Entertainment, Inc., American Multi-Cinema, Inc., Tamara Lange . (Nunez, Michael) (Filed on 12/30/2016) Modified on 1/3/2017 (vlkS, COURT STAFF). (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
44

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the parties Updated Joint Case Management Conference statement filed on 12/30/16, the Further Case Management Conference set for 1/9/2017 is CONTINUED to Monday, 2/27/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland. Updated Joint Case Management Statement re update re settlement is due by 2/17/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 1/3/2017) (Entered: 01/03/2017)

Jan. 3, 2017

Jan. 3, 2017

PACER
45

ADR Remark: The in-person Mediation Hearing set for 1/13/2017, at the U.S. District Court, in San Francisco, shall now commence at 11:00 AM. (af, COURT STAFF) (Filed on 1/11/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
46

CERTIFICATION OF MEDIATION Session 1/13/2017 and 1/19/2017, conducted by Mediator, Tamara Lange. Case not settled, mediation continuing. Mediator will check in with the parties by 1/31/2017. (af, COURT STAFF) (Filed on 1/19/2017) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER

Set/Reset Hearing Mediation Hearing set for 1/31/2017 09:00 AM, and Mediation Hearing set for 2/3/2017 09:30 AM, at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102 (af, COURT STAFF) (Filed on 1/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
47

STIPULATION WITH PROPOSED ORDER To Extend Deadlines filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Attachments: # 1 Declaration)(Williford, Rebecca) (Filed on 1/19/2017) (Entered: 01/19/2017)

1 Declaration

View on PACER

Jan. 19, 2017

Jan. 19, 2017

PACER
48

Order Granting in part and Denying in part 47 Stipulation to extend Court Deadlines. The Court hereby extends deadlines by 14 days only. The parties may request a further 14-day extension if the two mediation days are successful. Parties shall provide the Court forthwith with a revised order identifying the extended dates. Entered by Hon. Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
49

Proposed Order to Extend Deadlines by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Williford, Rebecca) (Filed on 1/23/2017) Modified on 1/24/2017 (cpS, COURT STAFF). (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
50

ADR Remark: The Mediation Hearing set for 1/31/2017, shall now commence at 10:00 AM and not 9:00 AM, at 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 1/24/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
51

ORDER TO EXTEND DEADLINES re 49 Proposed Order, filed by Leah Gardner, Charles Nabarrete, Scott Blanks, Robert Schulenburg, Empish Thomas, Lighthouse for the Blind and Visually Impaired, California Council of the Blind. Expert Reports by 3/10/17. Plaintiffs Class Certification Motion filed by 3/14/17. Close of Expert Discovery due by 4/7/2017. Close of Fact Discovery due by 3/31/2017. Daubert and Dispositive Motion heard by 5/30/2017. Motions due by 3/14/2017. Rebuttal Reports due by 3/24/2017. Motion Hearing set for 5/30/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/25/17.(fs, COURT STAFF) (Filed on 1/25/2017) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
52

CERTIFICATION OF MEDIATION Session 1/31/2017, conducted by Mediator, Tamara Lange. Case not settled. Mediation continuing, a further mediation session is scheduled on 2/3/2017, at 9:30 AM. (af, COURT STAFF) (Filed on 2/1/2017) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
53

ADR Remark: The Mediation Hearing set for 2/2/2017 at 10:00 AM is now off calendar . (ewh, COURT STAFF) (Filed on 2/2/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
54

UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 2/17/2017) Modified on 2/21/2017 (cpS, COURT STAFF). (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
55

CERTIFICATION OF MEDIATION Session 1/31/17 and telephonic thereafter, conducted by Mediator, Tamara Lange. Case settled, mediation complete. (af, COURT STAFF) (Filed on 2/23/2017) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
56

STIPULATION WITH PROPOSED ORDER to Extend Deadlines filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Attachments: # 1 Declaration)(Marks, Julia) (Filed on 2/24/2017) Modified on 2/27/2017 (cpS, COURT STAFF). (Entered: 02/24/2017)

1 Declaration

View on PACER

Feb. 24, 2017

Feb. 24, 2017

PACER
57

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Further Case Management Conference held on 2/27/2017. Compliance hearing re dismissal is set for Friday, 4/7/2017 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint statement or dismissal filed by 3/31/17.Total Time in Court 3 minutes. Court Reporter Name Raynee Mercado. (fs, COURT STAFF) (Date Filed: 2/27/2017) (Entered: 03/06/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
58

JOINT STATEMENT Concerning Status of Settlement by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc. (Williford, Rebecca) (Filed on 3/31/2017) Modified on 4/3/2017 (cpS, COURT STAFF). (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
59

CLERK'S NOTICE continuing the compliance hearing set Friday, April 7, 2017 TO Friday, April 21, 2017 at 9:01 a.m.. (This is a text-only entry generated by the court. There is no document associated with this entry.) Compliance hearing is set for 4/21/2017 09:01 AM before Hon. Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 4/3/2017) Modified on 4/18/2017 (fs, COURT STAFF). (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
60

Joint Statement Concerning Status Of Settlement by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc., et al. (Williford, Rebecca) (Filed on 4/14/2017) Modified on 4/17/2017 (cpS, COURT STAFF). (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
61

CLERK'S NOTICE CONTINUING COMPLIANCE HEARING. Compliance hearing set for Friday, 4/21/2017 is CONTINUED to Friday, 4/28/2017 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint Updated Statement or Stipulation of Dismissal to be filed by 4/21/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 4/18/2017) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
62

JOINT STATEMENT CONCERNING STATUS OF SETTLEMENT by Scott Blanks, California Council of the Blind, Leah Gardner, Tamara Lange, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 4/21/2017) Modified on 4/24/2017 (cpS, COURT STAFF). (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
63

STIPULATION WITH PROPOSED ORDER of Dismissal of Case filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas., AMC Entertainment Inc, et al (Attachments: # 1 Proposed Order Proposed Order Granting Stipulated Request to Dismiss Case)(Nunez, Michael) (Filed on 4/27/2017) Modified on 4/28/2017 (cpS, COURT STAFF). (Entered: 04/27/2017)

1 Proposed Order Proposed Order Granting Stipulated Request to Dismiss Case

View on PACER

April 27, 2017

April 27, 2017

PACER
64

ORDER by Judge Yvonne Gonzalez Rogers granting 63 Stipulation of Dismissal of Case. The Friday, 4/28/17 at 9:01 AM Compliance Hearing is VACATED. (fs, COURT STAFF) (Filed on 4/27/2017) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
65

NOTICE of Substitution of Counsel by Melissa Riess (Riess, Melissa) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
66

NOTICE of Change of Address by Michael S. Nunez (Nunez, Michael) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER

Electronic filing error. REMINDER: Counsel must update personal profile for change of contact information to be in effect. Re: 66 Notice of Change of Address filed by Le ah Gardner, Charles Nabarrete, Scott Blanks, Robert Schulenburg, Empish Thomas, Lighthouse for the Blind and Visually Impaired, California Council of the Blind (jjbS, COURT STAFF) (Filed on 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
67

NOTICE of Change In Counsel by Sidney M. Wolinsky (Wolinsky, Sidney) (Filed on 1/4/2019) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 16, 2016

Closing Date: April 21, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two California nonprofits for individuals who are blind or visually impaired and four blind individuals.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

AMC Entertainment, 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.

Special Case Type(s):

Non-court arbitration/mediation

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Conditional Dismissal

Order Duration: 2017 - 2019

Content of Injunction:

Monitor/Master

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Training

Issues

General:

Access to public accommodations - privately owned

Disparate Impact

Disparate Treatment

Reasonable Accommodations

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Type of Facility:

Non-government for profit