Case: National Federation of the Blind v. Office of Personnel Management

1:19-cv-06249 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 19, 2019

Clearinghouse coding complete

Case Summary

On September 19, 2019, the National Federation of the Blind and a individual plaintiff who is blind and is a former federal employee filed suit against the U.S. Office of Personnel Management (OPM), the director of OPM and Blue Cross Blue Shield Association. The plaintiffs alleged that the defendants failed to ensure the website for the Blue Cross Blue Shield Federal Employee Program (BC BS FEP) was accessible to blind individuals, in violation of Section 508 and Section 504 of the Rehabilitati…

On September 19, 2019, the National Federation of the Blind and a individual plaintiff who is blind and is a former federal employee filed suit against the U.S. Office of Personnel Management (OPM), the director of OPM and Blue Cross Blue Shield Association. The plaintiffs alleged that the defendants failed to ensure the website for the Blue Cross Blue Shield Federal Employee Program (BC BS FEP) was accessible to blind individuals, in violation of Section 508 and Section 504 of the Rehabilitation Act, the Affordable Care Act and the ADA, as well as the Washington state anti-discrimination law.The suit was filed in the U.S. District Court for the Northern District of Illinois, and assigned to the District Judge Sharon Johnson Coleman. and Magistrate Judge David M. Weisman.

On December 4, 2020, plaintiffs filed a First Amended Complaint.

On January 19, 2021 defendant Blue Cross Blue Shield Association moved to dismiss for failure to state a claim. On February 17, 2021, plaintiffs filed its opposition to Blue Cross Blue Shield Association’s motion to dismiss. 

After extensive negotiations, on May 12, 2021 the plaintiffs and defendant OPM filed a consent decree which recited the steps OPM had taken during 2020 to update and make accessible information about all three Federal Employee Health Benefit (FEHB) plans on OPM.gov and set forth the steps OPM would be taking in 2021 to conform with WCAG 2.0 AA. OPM also agreed to approve and begin to implement its updated agency-wide policy for compliance with Section 508 of the Rehabilitation Act of 1973. The Consent Decree also requires OPM to issue a carrier letter to FEHB carriers instructing them to take the necessary steps to make the Carriers FEHB plans content on their websites and mobile applications conform with the WCAG 2.0 AA standards. The Court retained limited jurisdiction to enforce the terms of the Consent Decree. The Consent Decree also provides for payment of $75,000 in attorneys fees to plaintiffs counsel.

On July 28, 2021, the parties filed a stipulation of dismissal.

Summary Authors

NDRN (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16218022/parties/national-federation-of-the-blind-inc-v-united-states-office-of-personnel/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Attorney for Plaintiff

Basche, Monica Rae (Illinois)

Attorney for Defendant

Chapin, Christina Rae (Illinois)

Chicago, AUSA - (Illinois)

Fernandez, Luis Eduardo (Illinois)

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Documents in the Clearinghouse

Document
1

1:19-cv-06249

Complaint

Nat'l Fed. of the Blind v. Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt

Sept. 19, 2019

Sept. 19, 2019

Complaint
58

1:19-cv-06249

First Amended Complaint

Nat'l Fed. of the Blind v. Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt

Dec. 4, 2020

Dec. 4, 2020

Complaint
70

1:19-cv-06249

Plaintiff's Opposition to Defendant Blue Cross Blue Shield Association's Motion to Dismiss

Nat'l Fed. of the Blind v. Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt

Feb. 17, 2021

Feb. 17, 2021

Pleading / Motion / Brief
75-1

1:19-cv-06249

Consent Decree

Nat'l Fed. of the Blind v. Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt

May 12, 2021

May 12, 2021

Settlement Agreement
83

1:19-cv-06249

Agreed Order of Dismissal

Nat'l Fed. of the Blind v. Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt

July 28, 2021

July 28, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16218022/national-federation-of-the-blind-inc-v-united-states-office-of-personnel/

Last updated Feb. 24, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by NATIONAL FEDERATION OF THE BLIND, INC., JAMAL MAZRUI; Filing fee $ 400, receipt number 0752-16252327.(Weisberg, Rachel) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

Clearinghouse
2

CIVIL Cover Sheet (Weisberg, Rachel) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
3

ATTORNEY Appearance for Plaintiffs JAMAL MAZRUI, NATIONAL FEDERATION OF THE BLIND, INC. by Rachel M. Weisberg (Weisberg, Rachel) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
4

ATTORNEY Appearance for Plaintiffs JAMAL MAZRUI, NATIONAL FEDERATION OF THE BLIND, INC. by Amy F. Peterson (Peterson, Amy) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
5

ATTORNEY Appearance for Plaintiffs JAMAL MAZRUI, NATIONAL FEDERATION OF THE BLIND, INC. by Barry Charlton Taylor (Taylor, Barry) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment. (ng, )

Sept. 19, 2019

Sept. 19, 2019

PACER
6

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (bg, ) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER

SUMMONS Issued as to Defendant Blue Cross Blue Shield Association (mc, )

Sept. 23, 2019

Sept. 23, 2019

PACER

SUMMONS Issued as to Margaret Weichert. (mc, )

Sept. 23, 2019

Sept. 23, 2019

PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16265944. (Hill, Eve) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
8

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16266161. (Levenson, Emily) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER

SUMMONS Issued as to United States Office Of Personnel Management (cc, )

Sept. 24, 2019

Sept. 24, 2019

PACER
9

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16266299. (Krevor-Weisbaum, Sharon) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
10

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman and is set for a status hearing on 11/18/2019 at 9:00 AM. The parties are reminded to review the timelines set out in this Court's Standing Order Regarding the Mandatory Initial Discovery Pilot Project. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 business days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. The Court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Mailed notice. (ym, ) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
11

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui as to Blue Cross Blue Shield Association on 9/30/2019, answer due 10/21/2019. (Weisberg, Rachel) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
12

ATTORNEY Appearance for Defendant Blue Cross Blue Shield Association by Christina Rae Chapin (Chapin, Christina) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
13

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Cross Blue Shield Association (Chapin, Christina) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
14

MOTION by Defendant Blue Cross Blue Shield Association for extension of time to file answer [UNOPPOSED] (Chapin, Christina) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
15

UNOPPOSED NOTICE of Motion by Christina Rae Chapin for presentment of motion for extension of time to file answer 14 before Honorable Sharon Johnson Coleman on 10/23/2019 at 08:45 AM. (Chapin, Christina) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
16

MINUTE entry before the Honorable Sharon Johnson Coleman: Attorneys Eve L. Hill, Emily L. Levenson and Sharon Krevor-Weisbaum's motions for leave to appear pro hac vice 7, 8, 9 are granted. Defendant Blue Cross Blue Shield Association's unopposed motion for extension of time to respond to the complaint 14 is granted. Responsive pleadings to be filed by 12/2/2019. No appearance necessary on 10/23/2019. Mailed notice. (ym, ) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
17

MINUTE entry before the Honorable Sharon Johnson Coleman: In light of the Court extending the responsive pleadings deadline, the status hearing set for 11/18/2019 is stricken and reset to 12/9/2019 at 9:00 AM. The parties are to file a joint status report as least 3 days prior to the status. Mailed notice. (ym, ) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
18

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui as to United States Office Of Personnel Management served on 10/1/2019, answer due 12/2/2019 (Weisberg, Rachel) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
19

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui (Weisberg, Rachel) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
20

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui as to United States Office Of Personnel Management served on 9/30/2019, answer due 12/2/2019 (Weisberg, Rachel) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
21

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui as to Margaret Weichert served on 10/1/2019, answer due 12/2/2019 (Weisberg, Rachel) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
22

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui (Weisberg, Rachel) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
23

SUMMONS Returned Executed by National Federation of the Blind, Inc., Jamal Mazrui as to Margaret Weichert served on 9/30/2019, answer due 12/2/2019 (Weisberg, Rachel) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
24

MOTION by Attorney Emily Levenson to withdraw as attorney for Jamal Mazrui, National Federation of the Blind, Inc.. No party information provided (Levenson, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
25

NOTICE of Motion by Emily L Levenson for presentment of motion to withdraw as attorney 24 before Honorable Sharon Johnson Coleman on 11/20/2019 at 08:45 AM. (Levenson, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
26

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16447554. (Fetter, James) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
27

MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Emily Levenson's motion to withdraw as attorney 24 is granted. Attorney Emily L Levenson terminated. No appearance necessary on 11/20/2019. Attorney James T. Fetter's motion for leave to appear pro hac vice 26 is granted. Mailed notice. (ym, ) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
28

MOTION by Defendant Blue Cross Blue Shield Association to stay pending mediation (JOINT MOTION) (Chapin, Christina) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
29

NOTICE of Motion by Christina Rae Chapin for presentment of motion to stay 28 before Honorable Sharon Johnson Coleman on 12/3/2019 at 08:45 AM. (Chapin, Christina) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

PACER
30

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant Blue Cross Blue Shield Association's joint motion for stay pending mediation or in the alternative request for extension of time to respond to the complaint 28 is granted. Responsive pleadings to be filed by 2/20/2020. No appearance necessary on 12/3/2019. Status hearing set for 12/9/2019 is stricken and reset to 2/24/2020 at 9:00 AM. Parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov by 1/27/2020. Mailed notice. (ym, ) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
31

ORDER Staying the Action Pending Mediation. Signed by the Honorable Sharon Johnson Coleman on 11/26/2019. Mailed notice. (ym, ) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
32

STATUS Report (Joint) by Jamal Mazrui, National Federation of the Blind, Inc. (Weisberg, Rachel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
33

MINUTE entry before the Honorable Sharon Johnson Coleman: The Court extends the staying of the case for an additional 45 days. Status hearing set for 2/24/2020 is stricken and reset to 4/10/2020 at 9:00 AM. Mailed notice. (ym, ) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
34

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 4/10/2020 is stricken and reset to 4/17/2020 at 9:00 AM. Mailed notice. (ym, ) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
35

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
36

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/17/2020)

March 16, 2020

March 16, 2020

PACER
38

ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket12, ) (Entered: 03/31/2020)

March 30, 2020

March 30, 2020

PACER
37

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to the Northern District of Illinois' Second Amended General Order 20-0012, the 4/17/2020 status hearing is stricken. The Court will reset the status hearing at a later date. Mailed notice. (ym, ) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
39

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) (Entered: 04/27/2020)

April 24, 2020

April 24, 2020

PACER
40

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
41

MOTION by Attorney Amy F. Peterson to withdraw as attorney for Jamal Mazrui, National Federation of the Blind, Inc.. No party information provided (Peterson, Amy) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
42

NOTICE of Motion by Amy F. Peterson for presentment of motion to withdraw as attorney 41 before Honorable Sharon Johnson Coleman on 6/2/2020 at 08:45 AM. (Peterson, Amy) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
43

MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Amy F. Peterson's motion to withdraw as attorney for plaintiffs 41 is granted. Attorney Amy F. Peterson terminated. No appearance necessary on 6/2/2020. Mailed notice. (ym, ) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
44

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
45

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17269697. (Basche, Monica) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
46

MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Monica Basche's motion for leave to appear pro hac vice 45 is granted. Mailed notice. (ym, ) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
47

ATTORNEY Appearance for Plaintiffs Jamal Mazrui, National Federation of the Blind, Inc. by Monica Rae Basche (Basche, Monica) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
48

MOTION by Attorney James Fetter to withdraw as attorney for Jamal Mazrui, National Federation of the Blind, Inc.. No party information provided (Krevor-Weisbaum, Sharon) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
49

MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney James T. Fetter's motion to withdraw as appearance 48 is granted. Attorney James T. Fetter terminated. Mailed notice. (ym, ) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
50

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic Status hearing is set for 9/2/2020 at 9:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 business days prior to the status. Mailed notice. (ym, ) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
51

STATUS Report (Joint) by Jamal Mazrui, National Federation of the Blind, Inc. (Weisberg, Rachel) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP
52

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic Status hearing set for 9/2/2020 is stricken and reset to 10/20/2020 at 9:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
53

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17550716. (Williams, Dawn) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
54

MINUTE entry before the Honorable Sharon Johnson Coleman: Attorney Dawn B. Williams' motion for leave to appear pro hac vice 53 is granted. Mailed notice. (ym, ) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
55

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic status hearing set for 10/20/2020 is stricken and reset to 11/3/2020 at 9:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
56

ATTORNEY Appearance for Defendants United States Office Of Personnel Management, Margaret Weichert by Hancock Paul Kevin (Kevin, Hancock) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
57

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic status hearing held on 11/3/2020. Counsel for plaintiff reports that the parties have begun discussions for a possible resolution. Telephonic status hearing is set for 12/4/2020 at 9:15 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
58

First AMENDED complaint by National Federation of the Blind, Inc., Jamal Mazrui against Blue Cross Blue Shield Association, United States Office Of Personnel Management, Margaret Weichert (Weisberg, Rachel) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

Clearinghouse
59

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephonic status hearing held on 12/4/2020. Plaintiff will file an amended complaint today. Responsive pleading to be filed by 1/19/2021. Telephonic status hearing is set for 1/20/2021 at 10:15 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
60

MOTION by Defendant Blue Cross Blue Shield Association for leave to file excess pages (UNOPPOSED Motion for Leave to File an Enlarged Memorandum of Law in Support of its Motion to Dismiss) (Williams, Dawn) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
61

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant Blue Cross Blue Shield Association's unopposed motion for leave to file an enlarged memorandum of law in support of its motion to dismiss 60 is granted. Defendant's memorandum of law should not exceed 25 pages. Plaintiffs are allowed the same amount of pages for their response. Replies will be limited to 15 pages. Mailed notice. (ym, ) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
62

ATTORNEY Appearance for Plaintiffs Jamal Mazrui, National Federation of the Blind, Inc. by Paul William Mollica (Mollica, Paul) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
63

MOTION by Defendants Michael Rigas, United States Office Of Personnel Management for extension of time (CONSENT Motion of Defendants U.S. Office of Personnel Management and Its Acting Director Michael Rigas for an Extension of Time to Respond to the First Amended Complaint) (Kevin, Hancock) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
64

(CONSENT) NOTICE of Motion by Hancock Paul Kevin for presentment of extension of time, 63 before Honorable Sharon Johnson Coleman on 2/2/2021 at 08:45 AM. (Kevin, Hancock) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
65

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants Michael Rigas, United States Office Of Personnel Management's consent motion for an extension of time to respond to the first amended complaint 63 is granted. Responsive pleading to be filed by 2/2/2021. No appearance necessary on 2/2/2021. Telephone status hearing set for 1/20/2021 is stricken and reset to 2/23/2021 at 9:45 AM. The call-in number is (877)336-1829 and the access code is 5205245. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ym, ) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
66

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blue Cross Blue Shield Association (Motion to Dismiss First Amended Complaint) (Williams, Dawn) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
67

MEMORANDUM by Blue Cross Blue Shield Association in support of Motion to Dismiss for Failure to State a Claim 66 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Williams, Dawn) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
68

MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs to file a response to defendant Blue Cross Blue Shield Association's motion to dismiss first amended complaint 66 by 2/17/2021. Defendant's reply to be filed by 3/3/2021. Once the matter is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
69

ANSWER to amended complaint by Michael Rigas, United States Office Of Personnel Management(Kevin, Hancock) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
70

RESPONSE by Jamal Mazrui, National Federation of the Blind, Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blue Cross Blue Shield Association (Motion to Dismiss First Amended Complaint) 66 (Weisberg, Rachel) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

Clearinghouse
71

MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing set for 2/23/2021 is stricken. Mailed notice. (ym, ) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
72

MOTION by Defendant Blue Cross Blue Shield Association for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim 66 (UNOPPOSED) (Williams, Dawn) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
73

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant Blue Cross Blue Shield Association's unopposed motion for extension of time to file its reply brief 72 is granted. Defendant to file a reply in support of their motion to dismiss 66 on or before 3/12/2021. Mailed notice. (ym, ) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
74

REPLY by Blue Cross Blue Shield Association to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blue Cross Blue Shield Association (Motion to Dismiss First Amended Complaint) 66 (Reply Memorandum of Law in Support of Motion to Dismiss) (Williams, Dawn) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
75

STIPULATION AND JOINT MOTION FOR ENTRY OF AGREED ORDER (Attachments: # 1 Exhibit Proposed Consent Decree)(Weisberg, Rachel) (Entered: 05/12/2021)

1 Exhibit Proposed Consent Decree

View on Clearinghouse

May 12, 2021

May 12, 2021

PACER
76

MINUTE entry before the Honorable Sharon Johnson Coleman: The Court grants the parties stipulation and joint motion for entry of agreed order 75 . Enter Order. Mailed notice. (ym, ) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
77

ORDER Signed by the Honorable Sharon Johnson Coleman on 5/13/2021. Mailed notice. (ym, ) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
78

CONSENT DECREE Signed by the Honorable Sharon Johnson Coleman on 5/13/2021. Mailed notice.(ym, ) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
79

ATTORNEY Appearance for Defendant Blue Cross Blue Shield Association by Luis Eduardo Quinones Fernandez (Quinones Fernandez, Luis) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
80

NOTICE OF WITHDRAWAL by Blue Cross Blue Shield Association (Chapin, Christina) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
81

STIPULATION of Dismissal (Joint Motion for Entry of Agreed Order of Dismissal) (Attachments: # 1 Exhibit A)(Weisberg, Rachel) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
82

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to the parties' stipulation, the joint motion for entry of agreed order of dismissal 81 is granted. Enter Agreed Order of Dismissal. Defendant Blue Cross Blue Shield Association's motion to dismiss 66 is stricken as moot. Civil case terminated. Mailed notice. (ym, ) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
83

AGREED ORDER of Dismissal. Signed by the Honorable Sharon Johnson Coleman on 7/28/2021. Mailed notice. (ym, ) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Disability Rights

Key Dates

Filing Date: Sept. 19, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

one individual and organizational plaintiff

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt, Non-profit or advocacy

Case Details

Causes of Action:

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

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $75,000

Content of Injunction:

Reasonable Accommodation

Issues

General:

Website

Disability and Disability Rights:

Reasonable Accommodations

Visual impairment

Discrimination-area:

Insurance

Discrimination-basis:

Disability (inc. reasonable accommodations)