Case: Rose v. Mnuchin

4:19-cv-04254 | U.S. District Court for the Northern District of California

Filed Date: July 24, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 24, 2019, several blind taxpayers and the National Federation of the Blind sued the Secretary of the U.S. Treasury Department in the U.S. District Court for the Northern District of California. The plaintiffs alleged that the Internal Revenue Service had sent them hard-copy notices they could not read due to their disability, leading them to incur tax penalties. The plaintiffs alleged that this issue may have affected more than seven million blind adults in the United States. The plaint…

On July 24, 2019, several blind taxpayers and the National Federation of the Blind sued the Secretary of the U.S. Treasury Department in the U.S. District Court for the Northern District of California. The plaintiffs alleged that the Internal Revenue Service had sent them hard-copy notices they could not read due to their disability, leading them to incur tax penalties. The plaintiffs alleged that this issue may have affected more than seven million blind adults in the United States. The plaintiffs alleged that this conduct violated the Rehabilitation Act by not providing blind persons equally effective access to all print communications distributed by the IRS. They sought declaratory judgment and a permanent injunction ordering the defendants to provide accessible notices to blind taxpayers. The plaintiffs were represented by Brown Goldstein & Levy, and the case as assigned to Judge Haywood Gilliam.

After a year of litigation, the parties reached a settlement on July 14, 2020. The IRS agreed to add accessible formats for affected taxpayers by letting taxpayers with disability receive post-filing notices in Braille, large print, audio, or electronic formats. The IRS also agreed to provide additional training to IRS employees about the revised policies for blind taxpayers, and also agreed to implement an accessibility helpline. To ensure compliance, the IRS consented to provide status updates on each of these points for 21 months. Finally, the defendants agreed to pay $175,000 in attorney's fees and costs. Plaintiffs, in exchange, agreed to release their claims and voluntarily dismiss the action. The compliance period was scheduled to end at the end of October 2023.

Summary Authors

Jordan Katz (11/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15963276/parties/rose-v-mnuchin/


Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Conway, Benjamin T. (California)

Elliott, Autumn M. (California)

Hildreth, Alyssa L (Maryland)

Hill, Eve Lynne (Maryland)

Weber, Jessica P (Maryland)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

Wells, Carlotta (District of Columbia)

Zee, Michael Andrew (California)

Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Conway, Benjamin T. (California)

Elliott, Autumn M. (California)

Hildreth, Alyssa L (Maryland)

Hill, Eve Lynne (Maryland)

Weber, Jessica P (Maryland)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

Wells, Carlotta (District of Columbia)

Zee, Michael Andrew (California)

Documents in the Clearinghouse

Document

4:19-cv-04254

Docket [PACER]

July 14, 2020

July 14, 2020

Docket
1

4:19-cv-04254

Complaint for Declaratory and Injunctive Relief

July 24, 2019

July 24, 2019

Complaint
34

4:19-cv-04254

Joint Stipulation of Dismissal With Prejudice

July 14, 2020

July 14, 2020

Pleading / Motion / Brief
34-1

4:19-cv-04254

Settlement Agreement

July 14, 2020

July 14, 2020

Settlement Agreement
34-2

4:19-cv-04254

Settlement Agreement

July 14, 2020

July 14, 2020

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15963276/rose-v-mnuchin/

Last updated June 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Steven Terner Mnuchin ( Filing fee $ 400, receipt number 0971-13549208.). Filed byKaren Rose, Anne L. Peyton, National Federation of the Blind, Ronza Othman. (Attachments: # 1 Civil Cover Sheet)(Conway, Benjamin) (Filed on 7/24/2019) (Entered: 07/24/2019)

1 Civil Cover Sheet

View on PACER

July 24, 2019

July 24, 2019

RECAP

~Util - Case Assigned by Intake

July 24, 2019

July 24, 2019

PACER
2

Proposed Summons. (Attachments: # 1 Proposed Summons on Defendant via attorney David L. Anderson, U.S. Attorneys Office, N.D. Cal., # 2 Proposed Summons on Defendant via attorney William P. Barr, Attorney General of the United States)(Conway, Benjamin) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
3

Certificate of Interested Entities by National Federation of the Blind, Ronza Othman, Anne L. Peyton, Karen Rose no known non-party interest, N.D. Cal. L.R. 3-15(a)(2) (Conway, Benjamin) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
4

Case assigned to Judge Haywood S Gilliam, Jr. 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. (bwS, COURT STAFF) (Filed on 7/24/2019) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
5

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13551336.) filed by National Federation of the Blind, Ronza Othman, Anne L. Peyton, Karen Rose. (Attachments: # 1 Certificate of Good Standing)(Weber, Jessica) (Filed on 7/25/2019) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/15/2019. Initial Case Management Conference set for 10/22/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (jjbS, COURT STAFF) (Filed on 7/25/2019) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
7

Proposed Summons. (Conway, Benjamin) (Filed on 7/25/2019) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
8

Summons Issued as to Steven Terner Mnuchin, U.S. Attorney and U.S. Attorney General. (jjbS, COURT STAFF) (Filed on 7/26/2019) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
9

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13565245.) filed by National Federation of the Blind, Ronza Othman, Anne L. Peyton, Karen Rose. (Attachments: # 1 Certificate of Good Standing)(Hildreth, Alyssa) (Filed on 7/30/2019) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
10

ORDER by Judge Haywood S. Gilliam, Jr. Granting 5 Motion for Pro Hac Vice as to Weber, Jessica. (ndrS, COURT STAFF) (Filed on 7/31/2019) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

RECAP
11

Declaration of Alyssa L. Hildreth in Support of 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13565245.) filed byNational Federation of the Blind, Ronza Othman, Anne L. Peyton, Karen Rose. (Related document(s) 9 ) (Hildreth, Alyssa) (Filed on 7/31/2019) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
12

ORDER by Judge Haywood S. Gilliam, Jr. Granting 9 Motion for Pro Hac Vice as to Hildreth, Alyssa. (ndrS, COURT STAFF) (Filed on 8/1/2019) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

RECAP
13

SUMMONS Returned Executed by Karen Rose, Anne L. Peyton, National Federation of the Blind, Ronza Othman. Steven Terner Mnuchin served on 8/5/2019, answer due 10/4/2019. Steven Turner Mnuchin (Attachments: # 1 Certificate/Proof of Service)(Weber, Jessica) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
14

SUMMONS Returned Executed by Karen Rose, Anne L. Peyton, National Federation of the Blind, Ronza Othman. David Anderson (Attachments: # 1 Certificate/Proof of Service Certified Mail Receipt)(Weber, Jessica) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
15

SUMMONS Returned Executed by Karen Rose, Anne L. Peyton, National Federation of the Blind, Ronza Othman. Steven Terner Mnuchin served on 8/6/2019, answer due 10/7/2019. William Barr (Attachments: # 1 Certificate/Proof of Service Certified Mail Receipt)(Weber, Jessica) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
16

NOTICE of Appearance by Michael Andrew Zee (Zee, Michael) (Filed on 9/17/2019) (Entered: 09/17/2019)

Sept. 17, 2019

Sept. 17, 2019

PACER
17

STIPULATION to Extend Deadline to Respond to Complaint and Stipulated Request to Contunue Initial Case Management Conference with [Proposed] Order filed by Steven Terner Mnuchin, Karen Rose, Anne L. Peyton, and National Federation of the Blind and Ronza Othman. (Attachments: # 1 Declaration of M. Andrew Zee)(Zee, Michael) (Filed on 9/18/2019) Modified on 9/19/2019 (jjbS, COURT STAFF). Modified on 9/20/2019 (jjbS, COURT STAFF). (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER

Electronic Filing Error

Sept. 19, 2019

Sept. 19, 2019

PACER

Electronic filing error. Incorrect event used. [err101]. Correct event is "Stipulation and Proposed Order." Event can be found under Civil Events > Motions and Relate d Filings > Stipulations > Stipulation with Proposed OrderCorrected by Clerk's Office. No further action is necessary. Re: 17 Consent MOTION to Continue Initial Case Management Conference and Stipulation to Extend Deadline to Respond to Complaint filed by Steven Terner Mnuchin (jjbS, COURT STAFF) (Filed on 9/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
18

ORDER by Judge Haywood S. Gilliam, Jr. Granting 17 Stipulation to Extend Deadline to Respond to Complaint and Stipulated Request to Continue Initial Case Management Conference. Case Management Statement due by 11/26/2019 and Initial Case Management Conference set for 12/3/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 9/23/2019) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

RECAP
19

STIPULATION WITH PROPOSED ORDER to Stay Proceedings Pending Settlement Discussions filed by Steven Terner Mnuchin, Karen Rose, Anne L. Peyton, Ronza Othman, and National Federation of the Blind. (Zee, Michael) (Filed on 10/29/2019) Modified on 10/30/2019 (jjbS, COURT STAFF). (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
20

ORDER by Judge Haywood S. Gilliam, Jr. Granting 19 Stipulation to Stay Proceedings Pending Settlement Discussions. (ndrS, COURT STAFF) (Filed on 11/1/2019) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

RECAP
21

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zee, Michael) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
22

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for NFB (Elliott, Autumn) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
23

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Othman (Elliott, Autumn) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
24

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Peyton (Elliott, Autumn) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
25

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Rose (Elliott, Autumn) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
26

STIPULATION and Proposed Order selecting Early Settlement Conference with a Magistrate Judge by Steven Terner Mnuchin filed by Steven Terner Mnuchin, Karen Rose, Anne L. Peyton, Ronza Othman, and National Federation of the Blind. (Attachments: # 1 Attachment to Stipulation Selecting ADR Process)(Zee, Michael) (Filed on 11/12/2019) Modified on 11/13/2019 (jjbS, COURT STAFF). (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Stipulation selecting Early Settlement Conference with a Magistrate Judge. (ndrS, COURT STAFF) (Filed on 11/13/2019) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

RECAP
28

Status Report and Stipulated Request and Order to Extend Stay Pending Settlement Discussionsfiled by Steven Terner Mnuchin, Karen Rose, Anne L. Peyton, Ronza Othman, and National Federation of the Blind. (Zee, Michael) (Filed on 1/21/2020) Modified on 1/22/2020 (jjbS, COURT STAFF). (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER

Remark

Jan. 22, 2020

Jan. 22, 2020

PACER

Electronic Filing Error. Incorrect Event Used. In the future, please use the event "Status Report." Event can be found under Civil Events > Other Filings > Other Documents. Corrected by the Clerk's Office. No further action is necessary. (jjbS, COURT STAFF) (Filed on 1/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
29

ORDER by Hon. Haywood S. Gilliam, Jr. CONTINUING STAY through May 29, 2020, pending the parties' settlement discussions. The stay does not apply to any ADR proceedings pursuant to the Court's ADR program. In accordance with Dkt. No. 28, the parties' joint status report, the Court DIRECTS the parties to submit a further joint status report by May 22, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 1/24/2020) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER

Order

Jan. 24, 2020

Jan. 24, 2020

PACER
30

STATUS REPORT and Stipulated Request and [Proposed] Order to Extend Stay Pending Settlement Discussions by Steven Terner Mnuchin, National Federation of the Blind, Ronza Othman, Anne L. Payton, Karen Rose. (Zee, Michael) (Filed on 5/22/2020) Modified on 5/26/2020 (cjlS, COURT STAFF). (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
31

ORDER by Hon. Haywood S. Gilliam, Jr. CONTINUING STAY through July 13, 2020, pending the parties' settlement discussions. In accordance with Dkt. No. 30, the parties' joint status report, the Court DIRECTS the parties to submit a further joint status report by July 6, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 5/26/2020) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER

Set Deadline, See Docket No. 31 : Joint Status Report due by 7/6/2020. (ndrS, COURT STAFF) (Filed on 5/26/2020)

May 26, 2020

May 26, 2020

PACER

Order on Motion to Stay

May 26, 2020

May 26, 2020

PACER

Set Deadlines/Hearings

May 27, 2020

May 27, 2020

PACER
32

STATUS REPORT and Stipulated Request to Extend Stay Pending Settlement Negotiations by Steven Terner Mnuchin, National Federation of the Blind, Ronza Othman, Anne L. Peyton, Karen Rose. (Zee, Michael) (Filed on 7/6/2020) Modified on 7/7/2020 (cjlS, COURT STAFF). (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
33

ORDER by Hon. Haywood S. Gilliam, Jr. CONTINUING STAY through July 27, 2020, pending the parties' settlement discussions. In accordance with Dkt. No. 32, the parties' joint status report, the Court DIRECTS the parties to submit a further joint status report by July 20, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1S, COURT STAFF) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Order

July 9, 2020

July 9, 2020

PACER
34

NOTICE of Voluntary Dismissal by Joint Stipulation due to settlement by National Federation of the Blind, Ronza Othman, Anne L. Peyton, Karen Rose,n Steven Terner Mnichin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Elliott, Autumn) (Filed on 7/14/2020) Modified on 7/15/2020 (cjlS, COURT STAFF). (Entered: 07/14/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

July 14, 2020

July 14, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: July 24, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Blind taxpayers and the National Federation of the Blind

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the U.S. Treasury Department, Federal

Internal Revenue Service (San Francisco, San Francisco), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $175,000

Order Duration: 2020 - 2020

Content of Injunction:

Implement complaint/dispute resolution process

Reasonable Accommodation

Reporting

Training

Issues

General:

Government Services

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment