Case: Vargas v. Quest Diagnostics Clinical Laboratories, Inc.

2:19-cv-08108 | U.S. District Court for the Central District of California

Filed Date: Sept. 18, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether touchscreen kiosk check-in procedures are discriminatory against blind and visually impaired persons. On September 18, 2019, two visually impaired individuals that relied on auxiliary aids and services brought a class action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs sued Quest Diagnostics Clinical Laboratories ("Quest") and ten unknown Quest employees for discrimination under the Americans with Disabilities Act (ADA) a…

This is a case about whether touchscreen kiosk check-in procedures are discriminatory against blind and visually impaired persons. On September 18, 2019, two visually impaired individuals that relied on auxiliary aids and services brought a class action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs sued Quest Diagnostics Clinical Laboratories ("Quest") and ten unknown Quest employees for discrimination under the Americans with Disabilities Act (ADA) and derivative state statutes. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief, attorneys' fees, and state statutory damages. They claimed that Quest's self-service e-check-in procedures required patients to use a touchscreen kiosk that was inaccessible for blind and visually impaired individuals. Those individuals required the help of a sighted person to enter their personal information into the kiosk, which deprived them of the confidentiality afforded to sighted patients who could use the kiosk unassisted. 

On May 15, 2020, an amended complaint was filed to add an additional plaintiff, American Council of the Blind (ACB), and an additional claim: violation of section 504 of the Rehabilitation Act. On May 27, 2021, the plaintiffs agreed to dismiss one of the original named plaintiffs.

After the amended complaint, the parties engaged in discovery for more than a year. On September 8, 2021, Magistrate Judge Michael R. Wilner ordered Quest to compensate the plaintiffs for attorneys' fees associated with a discovery dispute that arose out of "irrelevant and abusive" discovery requests from Quest. However, the court awarded only a nominal payment of $1,500 to the plaintiffs rather than the full amount they claimed, noting the "cantankerous" nature of the litigation and finding the plaintiffs' claim for fees of $25,000 "facially excessive." 2021 WL 4642785. 

On September 20, 2021, the Disability Rights Section of the U.S. Department of Justice's Civil Rights Division filed a statement of interest because the litigation implicated the interpretation and application of the ADA and its implementing regulations. According to that statement, the ADA required Quest to provide auxiliary aids or services so that individuals with disabilities could fully and equally enjoy all of the services the company offers.

Quest filed its first motion for summary judgment on September 3, 2021, and one week later the plaintiffs filed a class certification motion. Judge Dolly M. Gee granted Quest's motion for summary judgment in part and denied it in part on October 15, 2021. The court granted summary judgment for Quest on the plaintiffs' Rehabilitation Act claim because the plaintiffs failed to raise that claim timely and properly in their amended complaint. The court interpreted the Rehabilitation Act claim as referring to the "primary consideration" requirement: a federally-funded public accommodation must give primary consideration to the auxiliary aid or service preferred by the disabled person. But the "primary consideration" requirement only extended to public accommodations like Quest through the Affordable Care Act (ACA), not the ADA, and the plaintiffs failed to refer to the ACA and its "primary consideration" requirement explicitly in their amended complaint. The court ruled against Quest on the other claims, allowing those claims to move forward in the litigation. 2021 WL 5989961.

On December 2, 2021, Judge Gee granted the plaintiffs' motion for class certification, but denied their proposed damages sub-class. 2021 WL 5989958. The court defined the class as:

All legally blind individuals who visited a Quest patient service center in the United States between January 1, 2018 through December 31, 2019 (the “Class Period”), and were denied full and equal enjoyment of the services, facilities, privileges, advantages, or accommodations due to Quest's failure to make its e-check-in self-service kiosks independently accessible to legally blind individuals. 

The plaintiffs attempted to appeal the court's denial of the damages sub-class to the U.S. Court of Appeals for the Ninth Circuit, but their petition for permission to appeal was denied on February 24, 2022. 2022 U.S. App. LEXIS 5051.

About six weeks later, the Ninth Circuit decided Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC, 31 F.4th 651, in which it stated that a court should not create a "fail-safe" class that is defined to include only individuals who were harmed by the defendant's allegedly unlawful conduct. Judge Gee asked the parties to address whether the class should be decertified or redefined in light of this precedent. Quest argued that the class should be decertified, and the plaintiffs argued that it simply needed to be redefined. On June 17, 2022, in order to avoid having a "fail-safe" class, the court redefined the class as:

All legally blind individuals who visited a Quest patient service center in the United States between January 1, 2018 through December 31, 2019 (the “Class Period”) at which the e-check-in self-service kiosk was the primary method for check-in and who, due to their disability, could not use all the functions of the kiosks.

Quest attempted to appeal the class certification to the Ninth Circuit, but the petition for permission to appeal was denied on August 19, 2022. 2022 U.S. App. LEXIS 23285.

Both parties moved for summary judgment in May of 2022. On August 12, 2022, the court granted Quest's motion in part and denied it in part, and it denied the plaintiffs' motion. The only claim on which the court granted summary judgment was a non-dispositive one that the plaintiffs were no longer disputing: if a kiosk was not the primary method for check-in at a given location, the kiosk did not need to be independently accessible to visually impaired patients.

The court held a bench trial in November 2022. As of December 30, 2022, the court's ruling had not yet been announced.

Summary Authors

Christina Van Wagenen (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16221283/parties/julian-vargas-v-quest-diagnostics-clinical-laboratories-inc/


Judge(s)

Gee, Dolly Maizie (California)

Attorney for Plaintiff

Appleby, Callum T. (California)

Bernal, Alison M. (California)

Handley, Matthew K. (California)

Attorney for Defendant

Basso, Brielle A. (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:19-cv-08108

Class Action Complaint

Sept. 28, 2019

Sept. 28, 2019

Complaint
41

2:19-cv-08108

First Amended Class Action Complaint

May 15, 2020

May 15, 2020

Complaint
101

2:19-cv-08108

Proceedings: Order Re: Fee Award

Sept. 8, 2021

Sept. 8, 2021

Order/Opinion

2021 WL 2021

118

2:19-cv-08108

Statement of Interest of the United States of America

Sept. 20, 2021

Sept. 20, 2021

Pleading / Motion / Brief
144

2:19-cv-08108

Order Re Defendants' Motion for Summary Judgment

Oct. 15, 2021

Oct. 15, 2021

Order/Opinion

2021 WL 2021

190

2:19-cv-08108

Order Re Plaintiff's Motion for Class Certification

Dec. 2, 2021

Dec. 2, 2021

Order/Opinion

2021 WL 2021

228

2:19-cv-08108

Order Modifying Class Definition

June 17, 2022

June 17, 2022

Order/Opinion
258

2:19-cv-08108

Order Re Motions for Summary Judgment

Aug. 12, 2022

Aug. 12, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16221283/julian-vargas-v-quest-diagnostics-clinical-laboratories-inc/

Last updated March 9, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-24463435 - Fee: $400, filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Defendant Quest Diagnostics Clinical Laboratories, Inc., # 3 Proposed Summons to Defendant Quest Diagnostics Holdings, Inc., # 4 Proposed Summons to Defendant Quest Diagnostics Inc.) (Attorney Jonathan D Miller added to party Julian Vargas(pty:pla), Attorney Jonathan D Miller added to party Anne West(pty:pla))(Miller, Jonathan) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

Clearinghouse
5

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) (Entered: 09/19/2019)

Sept. 18, 2019

Sept. 18, 2019

PACER
2

NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Michael R. Wilner. (lh) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
3

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
4

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: Other error(s) with document(s): Attachments No. 1 Civil Cover Sheet, No. 2 Proposed Summons to Defendant Quest Diagnostics Clinical Laboratories, Inc., No. 3 Proposed Summons to Defendant Quest Diagnostics Holdings, Inc. and No. 4 Proposed Summons to Defendant Quest Diagnostics Inc. should not have been attached to Docket Entry No. 1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (lh) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
6

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-8108 DMG (MRWx). (esa) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
7

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
8

NOTICE of Interested Parties filed by Plaintiffs Julian Vargas, Anne West, (Miller, Jonathan) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
9

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Complaint 1 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
10

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
11

MINUTES OF IN CHAMBERS - REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 19-03 filed on 9/19/2019. The case number will now read CV 19-8108-DMG (MRWx). Additional information about Judge Gee's procedures and schedules is available on the court's website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) (Entered: 09/24/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
12

21-Day Summons Issued re Complaint 1 as to Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., and Quest Diagnostics Incorporated. (gk) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
13

INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
14

Notice to Parties: ADA Disability Access Litigation. (kti) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
15

PROOF OF SERVICE Executed by Plaintiff Julian Vargas, Anne West, upon Defendant Quest Diagnostics Clinical Laboratories, Inc. served on 10/1/2019, answer due 10/22/2019. Service of the Summons and Complaint were executed upon Lynanne Gares, Litigation Management Services Leader in compliance with statute not specified by personal service.Original Summons NOT returned. (Miller, Jonathan) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
16

PROOF OF SERVICE Executed by Plaintiff Julian Vargas, Anne West, upon Defendant Quest Diagnostics Holdings, Inc. served on 10/1/2019, answer due 10/22/2019. Service of the Summons and Complaint were executed upon Lynanne Gares, Litigation Management Services Leader in compliance with statute not specified by personal service.Original Summons NOT returned. (Miller, Jonathan) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
17

PROOF OF SERVICE Executed by Plaintiff Julian Vargas, Anne West, upon Defendant Quest Diagnostics Incorporated served on 10/1/2019, answer due 10/22/2019. Service of the Summons and Complaint were executed upon Lynanne Gares, Litigation Management Services Leader in compliance with statute not specified by personal service.Original Summons NOT returned. (Miller, Jonathan) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
18

Joint STIPULATION Extending Time to Answer the complaint as to Quest Diagnostics Holdings, Inc. answer now due 11/21/2019; Quest Diagnostics Clinical Laboratories, Inc. answer now due 11/21/2019; Quest Diagnostics Incorporated answer now due 11/21/2019, filed by Defendants Quest Diagnostics Holdings, Inc.; Quest Diagnostics Clinical Laboratories, Inc.; Quest Diagnostics Incorporated.(Attorney David H Raizman added to party Quest Diagnostics Clinical Laboratories, Inc.(pty:dft), Attorney David H Raizman added to party Quest Diagnostics Holdings, Inc.(pty:dft), Attorney David H Raizman added to party Quest Diagnostics Incorporated(pty:dft))(Raizman, David) (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
19

ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
20

CORPORATE DISCLOSURE STATEMENT filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated (Raizman, David) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
21

SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 12/27/2019. Scheduling Conference set for 1/10/2020 at 9:30 a.m. (See order for details.) (kti) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
22

JOINT REPORT of RULE 26 MEETING filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
23

MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: On 11/22/2019, the Court set a Scheduling Conference 21 . As required by the Court's 11/22/2019 Order, Fed. R. Civ. P. 26(f), and Local Rule 26-1, counsel are required to file a Joint Rule 26(f) Report, attaching a worksheet (Exhibit A). To date, a completed worksheet (including proposed trial dates) has not been filed. The parties shall file their Joint Rule 26(f) Report, attaching the worksheet attached to the Court's 11/22/2019 Order, by no later than 1/6/2020. Court Reporter: Not Reported. (gk) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
24

JOINT REPORT of RULE 26 MEETING filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Exhibit A (Worksheet))(Miller, Jonathan) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
25

(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte converts the scheduling conference on January 10, 2020 to a telephonic conference and continues the hearing time from 9:30 a.m. to 10:15 a.m. Counsel shall contact the courtroom deputy clerk at dmg_chambers@cacd.uscourts.gov to receive the conference bridge line information. Please note that a landline telephone must be used to call-in. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER

Text Only Scheduling Notice

Jan. 9, 2020

Jan. 9, 2020

PACER
26

MINUTES OF Telephonic Scheduling Conference held before Judge Dolly M. Gee: Court and counsel confer. Disclosures were made on the record. Based upon the statements made today on the record, the Court hereby sets the Final Pretrial Conference for 4/6/2021 at 2:00 PM and the Jury Trial date is set for 5/4/2021 at 8:30 AM. The Court issues the scheduling and case management order with further deadlines. Counsel are reminded of their obligations and requirements to timely and fully comply with all orders. Court Reporter: Sheri Kleeger. (gk) (Entered: 01/13/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
27

SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 4/6/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 5/4/2021 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: # 1 Schedule of Pretrial and Trial Dates) (gk) (Entered: 01/13/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
28

ORDER/REFERRAL to ADR Procedure No 1 by Judge Dolly M. Gee. Case ordered to Magistrate Judge Louise A. LaMothe for Settlement Conference. ADR Proceeding to be held no later than 4/9/2020 (early mediation before MJ LaMothe); 3/9/2021. Joint status report re settlement due by 4/16/2020 (joint report re results of early mediation); 3/16/2020. (gk) (Entered: 01/13/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
29

TRANSCRIPT ORDER as to Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated for Court Reporter. Court will contact Tisa Hunter at tisa.hunter@ogletree.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Marfori, Jan) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
30

APPLICATION of Non-Resident Attorney Matthew K. Handley to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25599705) filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Proposed Order) (Miller, Jonathan) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
31

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Matthew K. Handley to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25599705) 30 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (Thrasher, Lupe) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

PACER
32

ORDER by Judge Dolly M. Gee: GRANTING 30 Non-Resident Attorney Matthew K. Handley APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas and Anne West, designating Jonathan D Miller as local counsel. (es) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
33

STATUS REPORT (JOINT) RE: SETTLEMENT filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
34

NOTICE OF MOTION AND MOTION for Leave to file FIRST AMENDED CLASS ACTION COMPLAINT filed by Plaintiffs Julian Vargas, Anne West. Motion set for hearing on 5/22/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Declaration of Jonathan Miller, # 2 Proposed Order) (Miller, Jonathan) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
35

STATUS REPORT (Supplemental ADR Report Supplementing Joint Status Report Re: Settlement (Dkt. No. 33); Request to Extend Mediation Deadline filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Raizman, David) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
36

(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court has reviewed the parties' Joint Status Report and Defendant's request for clarification 33 35 . As the parties have already completed early mediation before Judge Wagner, there is no need to do it before Judge LaMothe. If the parties wish to engage in further ADR proceedings, they may do so before Judge LaMothe or another neutral of their choosing, provided it is completed before March 9, 2021 28 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Text Only Scheduling Notice

April 28, 2020

April 28, 2020

PACER
37

MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: The Court requests that Plaintiffs file a supplemental declaration by 5/12/2020, detailing in specifics (1) when they first learned about the need to amend the complaint during the nearly seven months between the filing of the complaint on 9/18/2019 and the 4/10/2020 deadline for amending the complaint and (2) why Plaintiffs completely disregarded the Court's Initial Standing. Thereafter, Plaintiffs' Motion for Leave to File a First Amended Complaint 34 shall be taken under submission. The 5/222020 hearing is VACATED. Court Reporter: Not Reported. (gk) (Entered: 05/06/2020)

May 5, 2020

May 5, 2020

PACER
38

DECLARATION of JONATHAN D. MILLER IN SUPPORT OF NOTICE OF MOTION AND MOTION for Leave to file FIRST AMENDED CLASS ACTION COMPLAINT 34 [SUPPLEMENTAL] filed by Plaintiffs Julian Vargas, Anne West. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Miller, Jonathan) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
39

DECLARATION of MATTHEW HANDLEY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Leave to file FIRST AMENDED CLASS ACTION COMPLAINT 34 [SUPPLEMENTAL] filed by Plaintiffs Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
40

MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: The Court extends the deadline for amendment of pleadings under Rule 16(b)(4) and GRANTS Plaintiffs' motion to amend 34 . Plaintiffs shall file the First Amended Complaint ("FAC") within three court days from the date of this Order. Defendants shall file their response within 21 days after Plaintiffs file and serve the FAC. Court Reporter: Not Reported. (gk) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
41

FIRST AMENDED COMPLAINT against Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiffs Julian Vargas, Anne West, American Council of the Blind(Attorney Jonathan D Miller added to party American Council of the Blind(pty:pla))(Miller, Jonathan) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

Clearinghouse
42

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Benjamin J. Sweet. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
43

STATUS REPORT RE: PRO HAC VICE APPLICATION FOR OUT-OF-STATE ATTORNEY BENJAMIN J. SWEET filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Miller, Jonathan) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
44

APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26661809) filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order) (Miller, Jonathan) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
45

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26661809) 44 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
46

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application of Non-Resident Attorney to Appear filed 6/2/2020 44 . Plaintiffs shall file an amended Application within 14 days of this order. Failure to comply will result in the application being denied and the fees returned by the Clerk. (gk) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
47

ANSWER to Amended Complaint/Petition, 41 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
48

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. A motion to change the pretrial dates in this action likely needs to be presented to District Judge Gee she set the schedule. As a result, a conference call with Magistrate Judge Wilner does not seem like it will resolve the parties dispute. However, if youd still like to chat about the issue, we can talk on Wednesday (6/10) at 2 pm. The Clerk will separately circulate call-in information.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

Text Only Scheduling Notice

June 9, 2020

June 9, 2020

PACER
49

MINUTES OF Telephone Conference held before Magistrate Judge Michael R. Wilner. The Court conferred with the parties regarding the status of the case. The Court sets a further telephonic status conference on June 16, 2020 at 9:00 a.m. Court Recorder: XTR 6/10/2020. (vm) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
50

Amendment to APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26661809) 44 filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
51

NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application 50 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 83-2.1.3.3(b) Proposed order not attached. Other error(s) with document(s): Incorrect event selected: Applications/Ex Parte Applications/Motions/Petitions/Requests.. Application.. Appear Pro Hac Vice. Note: Wrong event does not provide relief or changes sought. (Thrasher, Lupe) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
52

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form, 51 . The deficiency notice should not have stated that the proposed order was not included. It was attached to the application. Deficiency notice issued for that portion was in error. (Thrasher, Lupe) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
53

Amended APPLICATION of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs American Council of the Blind, Julian Vargas, Anne West (Pro Hac Vice Fee - $400 Previously Paid on 6/2/2020, Receipt No. 26661809) filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order) (Miller, Jonathan) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
54

ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Benjamin J. Sweet to Appear Pro Hac Vice on behalf of Plaintiffs Julian Vargas, Anne West, and American Council of the Blind, designating Jonathan D. Miller as local counsel 44, 53 . (gk) (Entered: 06/19/2020)

June 18, 2020

June 18, 2020

PACER
55

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Telephone Conference set for June 24, 2020 at 9:30 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Text Only Scheduling Notice

June 22, 2020

June 22, 2020

PACER
56

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Counsel informed the court that the parties reached an agreement on discovery issues. The previously scheduled Telephone Conference set for June 24, 2020 at 9:30 a.m. is vacated and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
57

STIPULATION to Continue Stay Discovery and Continuing Dates from 05/04/2021 to 10/05/2021 Re: Pretrial-Trial Scheduling Order - form only, 27 filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Attachments: # 1 Proposed Order Staying Discovery and Continuing Dates)(Raizman, David) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

Text Only Scheduling Notice

June 23, 2020

June 23, 2020

PACER
58

ORDER STAYING DISCOVERY AND CONTINUING CASE MANAGEMENT DATES by Judge Dolly M. Gee: Upon Stipulation 57, IT IS HEREBY ORDERED that Discovery is stayed through 10/21/2020, with Defendants' responses to the Rule 34 document request, Rule 33 interrogatories, and Rule 36 requests for admission due on 10/28/2020. Plaintiffs' requested 30(b)(6) deposition shall occur on or before 11/18/2020, subject to the parties' further agreement. Final Pretrial Conference is continued to 9/7/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial is continued to 10/5/2021 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk) (Entered: 07/01/2020)

June 30, 2020

June 30, 2020

PACER
59

STIPULATION for Protective Order filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Roller, Amber) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

PACER
60

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 59 (vm) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

RECAP
61

Joint STIPULATION to Continue SCHEDULING ORDER DATES filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
62

ORDER RE SECOND STIPULATION TO CONTINUE DATES by Judge Dolly M. Gee: Upon Stipulation 61, IT IS HEREBY ORDERED that the Scheduling Order is modified in accorance with the second amended pretrial and trial scheduled attached hereto. Final Pretrial Conference set for 12/7/2021 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 1/11/2022 08:30 AM before Judge Dolly M. Gee. See document for further details. (gk) (Entered: 01/22/2021)

Jan. 21, 2021

Jan. 21, 2021

PACER
63

STIPULATION for Protective Order filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
64

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. re Stipulation for Protective Order 63 (vm) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

RECAP
65

Joint STIPULATION to Continue Class Certification Hearing Deadline from May 14, 2021 to July 2, 2021 filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order)(Miller, Jonathan) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
66

ORDER RE THIRD STIPULATION TO CONTINUE CERTAIN PRETRIAL DATES by Judge Dolly M. Gee: Upon Stipulation 65, the Court orders: The Last Hearing Date for Class Certification is continued to 7/2/2021 at 10:00 AM. Last day to file Motion for Class Certification 5/21/2021. Last day to file Opposition to Motion for Class Certification 6/11/2021. Last day to file Reply to Class Certification Motion 6/18/2021. The remaining dates set forth in the Second Amended Scheduling Order (Doc. No. 62) will remain the same. Subject to further agreement of the parties, the depositions of Defendants' and Plaintiffs' witnesses, including Rule 30(b)(6) witnesses, will proceed as set forth in the parties' stipulation. (gk) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
67

SCHEDULING NOTICE by Magistrate Judge Michael R. Wilner. Status Conference set for May 3, 2021 at 10:30 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER

Text Only Scheduling Notice

April 30, 2021

April 30, 2021

PACER
68

COMPACT DISC Order for date of proceedings May 3, 2021 to May 3, 2021 re: Text Only Scheduling Notice 67, filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 3, 2021. Other: May 3, 2021. FEE NOT PAID. (Raizman, David) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
69

MINUTES OF Status Conference held before Magistrate Judge Michael R. Wilner.The Court conferred with the parties regarding discovery. The parties may file supplemental briefs (not to exceed 10 pages). (See Minute Order for further details) Court Recorder: ZoomGov 5/3/2021. (vm) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
70

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Audio Recording Form (AO-436), 68 . The following error(s) was found: AT THIS TIME, ALL CD REQUESTS NEED TO BE PAID ONLINE. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
71

COMPACT DISC Order for date of proceedings May 3, 2021 to May 3, 2021 re: Status Conference - optional html form, 69, filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 3, 2021. FEE PAID. (Raizman, David) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER

Text Only Notice of Deficiency re Request for Transcript

May 3, 2021

May 3, 2021

PACER
72

TRANSCRIPT ORDER as to defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated for Court Smart (CS). Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Raizman, David) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
73

COMPACT DISC Order for date of proceedings 5/3/2021 to 5/3/2021 filed by Plaintiff Julian Vargas. Court will contact Lindsey LeBlanc at lindsey@nshmlaw.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: Status Conference, 5/3/2021. FEE PAID. (Miller, Jonathan) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
74

TRANSCRIPT for proceedings held on 5/3/21. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/27/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/4/2021. (jlo) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

RECAP
75

NOTICE OF FILING TRANSCRIPT filed for proceedings 5/3/21 re Transcript 74 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER

Notice of Filing Transcript

May 6, 2021

May 6, 2021

PACER
76

STIPULATION to Continue Class Certification Hearing Deadline from July 2, 2021 to October 29, 2021 filed by Plaintiffs American Council of the Blind, Julian Vargas, Anne West. (Attachments: # 1 Proposed Order Granting Stipulation to Continue the Class Certification Hearing Deadline and Setting Briefing Schedule)(Miller, Jonathan) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
77

ORDER APPROVING FOURTH STIPULATION TO CONTINUE THE CLASS CERTIFICATION HEARING DEADLINE AND SETTING BRIEFING SCHEDULE by Judge Dolly M. Gee: Upon the parties' Fourth Stipulation 76, the Court orders the Scheduling Order 66 is hereby amended as follows: Last Hearing Date for Class Certification 10/29/2021 at 10:00 AM. Last day to file Motion for Class Certification 9/10/2021. Last day to file Opposition to Motion for Class Certification 10/1/2021. Last day to file Reply to Class Certification Motion 10/15/2021. See document for further details. (gk) (Entered: 05/19/2021)

May 18, 2021

May 18, 2021

PACER
78

Joint STIPULATION to Dismiss Plaintiff Anne West filed by Plaintiffs Julian Vargas, Anne West, American Council of the Blind.(Miller, Jonathan) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
79

NOTICE OF MOTION AND MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. Motion set for hearing on 8/18/2021 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Compel Clark Rachfal to Respond to Questions he was instructed to, and refused, to Answer, # 2 Declaration of David Raizman ISO Motion to Compel Clark Rachfal to Answer Questions, # 3 Exhibit 1, pg 3, Raizman Judicate West Sign-In, # 4 Exhibit 2, pgs 4 to 28, Excerpts of Rachfal Transcript, # 5 Exhibit 3, pgs 29 to 32, Quest Meet & Confer Letter dated 6.22.21, # 6 Exhibit 4, pgs 33 to 35, Plaintiffs' Response to Quest's MC dated 6.25.21, # 7 Declaration of Jonathan Miller ISO Joint Stipulation to Motion to Compel, # 8 Exhibit A, pg 4, Miller Judicate West Sign-In, # 9 Exhibit B, pg 5, Handley Judicate West Sign-In, # 10 Exhibit C, pg 6, Sweet Judicate West Sign-In, # 11 Exhibit Dkt. 62 filed 1.21.21 Civil Trial Scheduling Order)(Raizman, David) (Entered: 07/28/2021)

10

View on RECAP

July 28, 2021

July 28, 2021

RECAP
80

Joint STIPULATION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer filed by defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated.(Raizman, David) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
81

NOTICE OF MOTION AND MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND filed by Plaintiffs American Council of the Blind, Julian Vargas. Motion set for hearing on 8/18/2021 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: # 1 Proposed Order, # 2 Declaration of Jonathan D. Miller, # 3 Exhibit A to Declaration of Miller, # 4 Exhibit B to Declaration of Miller, # 5 Exhibit C to Declaration of Miller, # 6 Exhibit D to Declaration of Miller, # 7 Declaration of David Raizman, # 8 Exhibit 1 to Declaration of Raizman)(Miller, Jonathan) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
82

JOINT STIPULATION to MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Plaintiffs American Council of the Blind, Julian Vargas. (Miller, Jonathan) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
83

SUPPLEMENT to MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer 79, MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Raizman, David) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
84

SUPPLEMENT to MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer 79, MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Plaintiffs American Council of the Blind, Julian Vargas. (Miller, Jonathan) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
85

SCHEDULING NOTICE RE: MOTION HEARING by Magistrate Judge Michael R. Wilner. On the Court's own motion, the motion hearing set for August 18, 2021 at 9:30 a.m. is rescheduled to 9:45 a.m. on August 18. re: MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vm) TEXT ONLY ENTRY (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER

Text Only Scheduling Notice

Aug. 17, 2021

Aug. 17, 2021

PACER
86

MINUTES OF Motion Hearing held before Magistrate Judge Michael R. Wilner. The Court hears oral argument from counsel and takes the matter under submission. Court Recorder: ZoomGov 8/18/2021. (vm) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
87

MINUTES (IN CHAMBERS) ORDER RE: DISCOVERY DISPUTE by Magistrate Judge Michael R. Wilner. For the reasons stated at the hearing, Quest1 has not convincingly explained how the subjective, percipient testimony of the mediation attendee is plausibly relevant to the issues in this case. Additionally, the defenses contentions that those discussions are unprivileged and properly subject to discovery are untenable. The defense motion is denied; Plaintiffs request for a protective order is granted. Within seven days from the issuance of this order, Plaintiff will submit a competent declaration attesting to the fees and expenses incurred in the motion practice. Quest will have two weeks to submit a statement (NTE five pages) addressing the propriety of a fee-shift determination. After that, the Court will take the matter under consideration. (See Minute Order for further details) denying 79 Motion to Compel; granting 81 Motion for Protective Order re MOTION to Compel Clark Rachfal to respond to questions he was instructed to, and refused, to answer 79, MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 (vm) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
88

TRANSCRIPT ORDER as to defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated for Court Smart (CS). Court will contact Marilyn Moretti at marilyn.moretti@ogletree.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Raizman, David) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
89

DECLARATION of Jonathan D. Miller IN SUPPORT OF PLAINTIFFS REQUEST FOR ATTORNEYS FEES RE: MOTION for Protective Order for RE: DEFENDANTS FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF AMERICAN COUNCIL OF THE BLIND 81 filed by Plaintiffs American Council of the Blind, Julian Vargas. (Attachments: # 1 Exhibit A (Spreadsheet of Attorney & Paralegal Time Spent on Motion for Protective Order))(Miller, Jonathan) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
90

STIPULATION to Continue Summary Judgment Filing and Hearing Deadlines to Coordinate with Class Certification Re: Order,, 66, Order,, Set/Reset Deadlines/Hearings, 62, Order,, 77 filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. (Attachments: # 1 Proposed Order)(Raizman, David) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
91

MEMORANDUM of Points and Authorities in Opposition filed by Defendants Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Quest Diagnostics Incorporated. To A Fee Shift Determination. Re: Order on Motion to Compel,,,,, Order on Motion for Protective Order,,,, 87 (Attachments: # 1 Declaration of David Raizman, # 2 Exhibit 1)(Raizman, David) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Key Dates

Filing Date: Sept. 18, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All legally blind individuals who visited a Quest patient service center in the United States between January 1, 2018, through December 31, 2019, at which the e-check-in self-service kiosk was the primary method for check-in and who, due to their disability, could not use all the functions of the kiosks.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Quest Diagnostics Clinical Laboratories, Inc., Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

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

State law

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $1,500

Issues

General/Misc.:

Access to public accommodations - privately owned

Confidentiality

Failure to train

Pattern or Practice

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Reasonable Accommodations

Screen readers and similar accessibility devices

Visual impairment

Discrimination Area:

Accommodation / Leave

Medical Exam / Inquiry

Discrimination Basis:

Disability (inc. reasonable accommodations)

Environmental Justice and Resources:

Effective Communication (ADA)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified