Case: Alcazar v. Fashion Nova, Inc.

4:20-cv-01434 | U.S. District Court for the Northern District of California

Filed Date: Feb. 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged Fashion Nova, Inc.’s failure to provide a screen reader on its website, which renders it inaccessible to visually impaired individuals.  On February 26, 2020, plaintiff, a visually impaired and legally blind person, filed a putative class action lawsuit in the U.S. District Court for the Northern District of California against Fashion Nova, Inc. Represented by private counsel, he alleged that defendant’s website lacked screen reading software and thus denied blind people fu…

This case challenged Fashion Nova, Inc.’s failure to provide a screen reader on its website, which renders it inaccessible to visually impaired individuals. 

On February 26, 2020, plaintiff, a visually impaired and legally blind person, filed a putative class action lawsuit in the U.S. District Court for the Northern District of California against Fashion Nova, Inc. Represented by private counsel, he alleged that defendant’s website lacked screen reading software and thus denied blind people full and equal access to it, in violation of the Americans with Disabilities Act (ADA). He sought to certify a class of persons consisting of all legally blind individuals who attempted to access defendant’s website with screen reader software within a certain time period. Plaintiff brought suit under the ADA and California’s Unruh Civil Rights Act (UCRA), and sought an injunction requiring defendant to take necessary steps to make the website available to visually impaired people, damages of $4,000 per offense per person, and attorneys’ fees. The case was initially assigned to Magistrate Judge Thomas S. Hixon but was soon reassigned to District Judge Jon S. Tigar. 

Plaintiff formally sought class certification in January 2022. After briefing, on September 6, 2022, Judge Tigar certified the class, holding that it satisfied the numerosity, adequacy, commonality, and typicality requirements under Federal Rule of Civil Procedure 23(a), and that the common class issues dominate over the individual issues, satisfying Rule 23(b). 2022 WL 19975445. On November 30, 2023, defendant filed a motion for summary judgment, arguing that 1) Fashion Nova’s website is not a place of accommodation under the ADA and is therefore not covered by it, and 2) even if it is covered, there is no evidence that plaintiff was denied equal access to Fashion Nova’s stores because of its website design. Defendant also submitted a motion to decertify the class on the same day. On December 14, 2023, plaintiff filed a response to both motions.

On February 1, 2024, the parties entered a notice of settlement, and plaintiff filed a motion for preliminary approval of the proposed settlement. On December 20, 2024, Judge Tigar denied the motion without prejudice because of the stipulation that half of any unclaimed funds would revert to defendant, incentivizing defendant to depress the rate of claims. 2024 WL 5191979. On February 13, 2025, plaintiff filed a motion for preliminary approval of an amended settlement, which made all the funds non-reversionary. Judge Tigar granted the motion on May 14, 2025. On December 12, 2025, plaintiff filed a motion for final approval of the class action settlement. The United States Department of Justice filed a statement of interest on February 2, 2026, stating that the judge should reject the settlement because 1) it lacked enforcement and compliance mechanisms and 2) the class website for California members was ironically inaccessible to visually impaired individuals. Plaintiff’s response argued that 1) the settlement provides adequate relief by requiring defendant to implement website accessibility policies and 2) the website was accessible to visually impaired people using a screen reader, as evidenced by the roughly 10,000 valid claim submissions. The court held a hearing on March 30, 2026, to determine whether the class website’s accessibility affected class members' ability to file a claim. 

This case is ongoing.   

Summary Authors

Vedant Vamshidhar (6/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16894747/parties/alcazar-v-fashion-nova-inc/


Judge(s)
Attorney for Plaintiff

Behroozan, Jasmine (California)

Bowen, Chumahan B (California)

Coelho, Thiago Merlini (California)

Attorney for Defendant

Cannizzaro, Charles Michael (California)

Cole, Kara A. (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

4:20-cv-01434

Class Action Compliant

Alcazar v. Fashion Nova

Feb. 26, 2020

Feb. 26, 2020

Complaint
70

4:20-cv-01434

Order Granting Motion for Class Certification

Sept. 6, 2022

Sept. 6, 2022

Order/Opinion

2022 WL 19975445

87

4:20-cv-01434

Order Granting Plaintiff's Administrative Motion to Approve the Stipulated Notice of Class Certification (Filed Concurrently Herewith), Notice Administrator, and Class Notice Plan

Alcazar v. Fashion Nova

March 6, 2023

March 6, 2023

Order/Opinion
198

4:20-cv-01434

Order Denying Motion for Preliminary Approval

Alcazar v. Fashion Nova

Dec. 20, 2024

Dec. 20, 2024

Order/Opinion

2024 WL 5191979

203

4:20-cv-01434

Order Granting Plaintiff’s Motion For Preliminary Approval Of Proposed Amended Settlement

May 14, 2025

May 14, 2025

Order/Opinion
214

4:20-cv-01434

Statement of Interest of the United States

Feb. 2, 2026

Feb. 2, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16894747/alcazar-v-fashion-nova-inc/

Last updated June 16, 2026, 3:34 p.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Fashion Nova, Inc. Filed by Juan Alcazar . (Attachments: # 1 Civil Cover Sheet)(Coelho, Thiago) (Filed on 2/26/2020)Filing fee Paid $400 receipt number 0971-14221492 Modified on 2/27/2020 (slhS, COURT STAFF). Modified on 4/20/2020 (elyS, COURT STAFF). (Entered: 02/26/2020)

1 Civil Cover Sheet

View on PACER

Feb. 26, 2020

Feb. 26, 2020

Clearinghouse
2

Proposed Summons. (Coelho, Thiago) (Filed on 2/26/2020) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

3

Case assigned to Magistrate Judge Thomas S. Hixson. 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. Consent/Declination due by 3/11/2020. (cv, COURT STAFF) (Filed on 2/26/2020) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

~Util - Case Assigned by Intake

Feb. 26, 2020

Feb. 26, 2020

4

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (slhS, COURT STAFF) (Filed on 2/27/2020) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

5

Summons Issued as to Fashion Nova, Inc.. (slhS, COURT STAFF) (Filed on 2/27/2020) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

6

SUMMONS Returned Executed by Juan Alcazar. Fashion Nova, Inc. served on 3/2/2020, answer due 3/23/2020. (Coelho, Thiago) (Filed on 3/2/2020) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Juan Alcazar.. (Coelho, Thiago) (Filed on 3/11/2020) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

8

STIPULATION re 1 Complaint filed by Fashion Nova, Inc.. (Stein, Ashley) (Filed on 3/19/2020) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

9

Application for Refund, Receipt Number 0971-14221425 by Juan Alcazar. (Coelho, Thiago) (Filed on 4/16/2020) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

10

ANSWER to Complaint byFashion Nova, Inc.. (Stein, Ashley) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

11

Certificate of Interested Entities by Fashion Nova, Inc. (Stein, Ashley) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

12

Refund Status re 9 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

13

NOTICE of Change of Address by Ashley Danielle Stein (Stein, Ashley) (Filed on 5/12/2020) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

14

STIPULATION WITH PROPOSED ORDER re 4 Initial Case Management Scheduling Order - ADA Case Requesting Modification to the Scheduling Order filed by Juan Alcazar. (Attachments: # 1 Proposed Order)(Coelho, Thiago) (Filed on 6/12/2020) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

15

ORDER by Magistrate Judge Thomas S. Hixson granting 14 Stipulation to Extend Mediation Deadline and Certification of Counsel. Deadline Extended to: 6/26/2020. (rmm2S, COURT STAFF) (Filed on 6/15/2020) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

16

Notice of Need for Mediation by Thiago Merlini Coelho (Coelho, Thiago) (Filed on 6/26/2020) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

17

ADR Clerk's Notice Setting ADR Phone Conference on 7/21/20 at 11 a.m. Pacific. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (ec, COURT STAFF) (Filed on 7/6/2020) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

18

ADR Remark: ADR Phone Conference held on 7/21/2020 by Tamara Lange. (cmf, COURT STAFF) (Filed on 7/21/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

ADR Remark: ADR Phone Conference held

July 21, 2020

July 21, 2020

Case Referred to Mediation

July 29, 2020

July 29, 2020

CASE REFERRED to Mediation 16 . The deadline to complete the mediation is September 24, 2020. (af, COURT STAFF) (Filed on 7/29/2020)

July 29, 2020

July 29, 2020

19

NOTICE by Fashion Nova, Inc. OF WITHDRAWAL OF COUNSEL FOR DEFENDANT FASHION NOVA, INC. (Stein, Ashley) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

20

ADR Clerk's Notice Appointing Kari Levine as Mediator. (af, COURT STAFF) (Filed on 8/6/2020) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

Set/Reset Hearings

Sept. 16, 2020

Sept. 16, 2020

Set/Reset Hearing Mediation Hearing set for 10/14/2020 10:00 AM, via Zoom videoconference. This date is pending Court approval of an anticipated stipulation to extend the mediation deadline. (af, COURT STAFF) (Filed on 9/16/2020)

Sept. 16, 2020

Sept. 16, 2020

21

STIPULATION WITH PROPOSED ORDER TO EXTEND MEDIATION DEADLINE filed by Fashion Nova, Inc.. (Schaffer, John) (Filed on 9/24/2020) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

22

ORDER by Judge Thomas S. Hixson granting 21 Stipulation to extend mediation deadline to October 28, 2020. (cdnS, COURT STAFF) (Filed on 9/28/2020) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

23

***INCORRECT, PLEASE DISREGARD. SEE ECF DOCKET NO. 24 .***Certification of ADR Session by Mediator Kari Levine: I hereby certify that the parties in this matter held a Mediation session on 10/14/2020. The case did not settle. Further facilitated discussions are expected by 11/16/2020. Mediation process is ongoing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 10/14/2020) Modified on 10/15/2020 (af, COURT STAFF). (Entered: 10/14/2020)

Oct. 14, 2020

Oct. 14, 2020

Certification of ADR Session

Oct. 14, 2020

Oct. 14, 2020

24

Certification of ADR Session by Mediator Kari Levine: I hereby certify that the parties in this matter held a Mediation session on 10/14/2020. The case did not settle. Mediator will check in with the parties on 11/16/2020. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

Certification of ADR Session

Oct. 15, 2020

Oct. 15, 2020

25

STATUS REPORT ORDER: Status Report due by 12/16/2020. Signed by Judge Thomas S. Hixson on 12/2/2020. (cdnS, COURT STAFF) (Filed on 12/2/2020) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

26

Notice Requesting Case Management Conference by Thiago Merlini Coelho (Coelho, Thiago) (Filed on 12/2/2020) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

27

ORDER: Case Management Statement due by 1/7/2021. Initial Case Management Conference set for 1/14/2021 10:00 AM. Signed by Judge Thomas S. Hixson on 12/3/2020. (cdnS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

28

STATUS REPORT Joint by Fashion Nova, Inc.. (Conti, Robert) (Filed on 12/16/2020) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

29

JOINT CASE MANAGEMENT STATEMENT filed by Juan Alcazar. (Coelho, Thiago) (Filed on 1/7/2021) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

RECAP
30

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (cdnS, COURT STAFF) (Filed on 1/8/2021) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

31

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 1/8/21. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 1/8/2021) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

32

CLERK'S NOTICE. Joint Case Management Statement due by 1/12/2021. Initial Case Management Conference set for 1/19/2021 02:00 PM in Oakland, Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jstcrd@cand.uscourts.gov no later than January 18, 2021 at 12:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 1/12/2021. Initial Case Management Conference set for 1/19/2021 02:00 PM in McKinleyville, Videoconference Only. (amgS, COURT STAFF) (Filed on 1/8/2021) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

Set/Reset Hearings

Jan. 8, 2021

Jan. 8, 2021

Initial Case Management Conference set for 1/19/2021 02:00 PM in Oakland, - Videoconference Only. Corrected location. (amgS, COURT STAFF) (Filed on 1/8/2021)

Jan. 8, 2021

Jan. 8, 2021

Clerk's Notice of Impending Reassignment - Text Only

Jan. 8, 2021

Jan. 8, 2021

33

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (jmlS, COURT STAFF) (Filed on 1/11/2021) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

34

CLERKS NOTICE SETTING ZOOM HEARING. Case management statement due 5/11/2021 by 5:00 p.m. Initial Case Management Conference set for 5/18/2021 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced noti ce is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than May 17, 2021 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Init ial Case Management Conference set for 5/18/2021 02:00 PM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

Clerk's Notice Setting Zoom Hearing

April 21, 2021

April 21, 2021

35

JOINT CASE MANAGEMENT STATEMENT filed by Juan Alcazar and Fashion Nova, Inc.. (Coelho, Thiago) (Filed on 5/11/2021) Modified on 5/12/2021 (jmlS, COURT STAFF). (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

Electronic Filing Error

May 11, 2021

May 11, 2021

Electronic filing error. REMINDER: Case division and case location information are incorrect. The correct information, per the ECF notification sent January 8, 2021, i s Oakland Division and the case number should be 4:20-cv-1434 JST. Please make sure the correct information is on all future filings. Re: 35 Joint Case Management Statement filed by Juan Alcazar (jmlS, COURT STAFF) (Filed on 5/11/2021)

May 11, 2021

May 11, 2021

Electronic Filing Error

May 12, 2021

May 12, 2021

36

Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 5/18/2021. Hearing held via Zoom videoconference. No attorney for defendant appeared. Further case management conference set. No case management statement is required. Counsel for the defendant is ordered to submit a filing explaining why they did not appear for the hearing. Further Case Management Conference set for 6/15/2021 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst < p>Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than June 14, 2021 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 6/15/2021 02:00 PM in Oakland, - Videoconference Only.Total Time in Court: 3 minutes. Court Reporter: Not reported. Plaintiff Attorney: Thiago Coelho. Defendant Attorney: No Appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 5/18/2021) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

37

SCHEDULING ORDER AND ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 6/15/2021 02:00 PM. Show Cause Response due by 5/18/2021. Signed by Judge Jon S. Tigar on May 18, 2021. (mllS, COURT STAFF) (Filed on 5/18/2021) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

RECAP
38

NOTICE OF WITHDRAWAL OF COUNSEL FOR DEFENDANT FASHION NOVA, INC by Fashion Nova, Inc. . (Conti, Robert) (Filed on 5/18/2021) Modified on 5/19/2021 (bnsS, COURT STAFF). (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

~Util - Teleconference Zoom AND Case Management Conference - Initial AND ~Util - Set Deadlines/Hearings

May 18, 2021

May 18, 2021

~Util - Teleconference Zoom AND ~Util - Set Deadlines/Hearings AND Case Management Conference - Initial

May 18, 2021

May 18, 2021

~Util - Set Deadlines/Hearings AND ~Util - Teleconference Zoom AND Case Management Conference - Initial

May 18, 2021

May 18, 2021

Electronic Filing Error

May 19, 2021

May 19, 2021

Electronic filing error. REMINDER: Counsel is instructed that all future filings shall bear the initials JST immediately after the case number instead of TSH. Corrected by Clerk's Office. No further action is necessary. Re: 38 Notice (Other) filed by Fashion Nova, Inc. (bnsS, COURT STAFF) (Filed on 5/19/2021)

May 19, 2021

May 19, 2021

39

RESPONSE TO ORDER TO SHOW CAUSE by Fashion Nova, Inc. . (Conti, Robert) (Filed on 5/25/2021) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

RECAP
40

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND DISCHARGING ORDER TO SHOW CAUSE. Further Case Management Conference set for 6/29/2021 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is requ ired of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than June 28, 2021 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Furth er Case Management Conference set for 6/29/2021 02:00 PM in Oakland, - Videoconference Only.. Signed by Judge Jon S. Tigar on June 11, 2021. (mllS, COURT STAFF) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

41

NOTICE of Appearance by Charles Michael Cannizzaro for Defendant Fashion Nova, Inc. (Cannizzaro, Charles) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

42

MOTION to Continue the June 15 Case Management Conference filed by Fashion Nova, Inc.. (Cannizzaro, Charles) (Filed on 6/11/2021) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

Electronic Filing Error

June 11, 2021

June 11, 2021

Electronic filing error. NOTICE TO COUNSEL: Charles Cannizzaro. The docket shows a different address from what is appearing on the document (dkt. #: 41 Notice of Appearance filed by Fashion Nova, Inc.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 6/11/2021)

June 11, 2021

June 11, 2021

Electronic filing error. Proposed order required in accordance with L.R. 5-1(g). Re: 42 MOTION to Continue the June 15 Case Management Conference filed by Fashion No va, Inc. (jmlS, COURT STAFF) (Filed on 6/11/2021)

June 11, 2021

June 11, 2021

Electronic Filing Error

June 14, 2021

June 14, 2021

43

Proposed Order re 42 MOTION to Continue the June 15 Case Management Conference by Fashion Nova, Inc.. (Cannizzaro, Charles) (Filed on 6/16/2021) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

44

ORDER GRANTING MOTION TO RESCHEDULE CASE MANAGEMENT CONFERENCE by Judge Jon S. Tigar granting 42 Motion to Continue.(mllS, COURT STAFF) (Filed on 6/21/2021) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

45

CLERK'S NOTICE SETTING ZOOM HEARING. (This is a text-only entry generated by the court. There is no document associated with this entry.),. Case Management Statement due by 7/20/2021. Further Case Management Conference set for 7/27/2021 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argume nt at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@Cand.uscourts.gov no later than July 26, 2021 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 7/20/2021. Further Case Management Conference set for 7/27/2021 02:00 PM in Oakland, - Videoconfer ence Only. (mllS, COURT STAFF) (Filed on 6/21/2021) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

~Util - Teleconference Zoom AND Clerk's Notice

June 21, 2021

June 21, 2021

46

NOTICE of Appearance by Jasmine Behroozan (Behroozan, Jasmine) (Filed on 7/20/2021) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

47

JOINT CASE MANAGEMENT STATEMENT filed by Juan Alcazar and Fashion Nova, Inc.. (Coelho, Thiago) (Filed on 7/20/2021) Modified on 7/21/2021 (jmlS, COURT STAFF). (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

48

ORDER WITHDRAWING ORDER TO SHOW CAUSEThe order to show cause issued May 18, 2021, ECF No. 37, is withdrawn. The case management conference scheduled for July 26, 2021, will proceed as scheduled. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Tigar, Jon) (Filed on 7/22/2021) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

49

Minute Entry for proceedings held before Judge Jon S. Tigar: Further Case Management Conference held on 7/27/2021. Hearing held via Zoom videoconference. Further case management conference set. Written order to issue. Case Management Statement due by 10/22/2021. Further Case Management Conference set for 10/29/2021 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the cour t as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than October 28, 2021 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 10/22/2021. Further Case Manage ment Conference set for 10/29/2021 01:30 PM in Oakland, - Videoconference Only.Total Time in Court: 7 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Thiago Coelho, Jasmine Behroozan. Defendant Attorney: Charles Cannizzaro. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 7/27/2021) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

50

SCHEDULING ORDER. Amended Pleadings due by 8/6/2021. Motions due by 1/13/2022. Responses due by 2/24/2022. Replies due by 4/7/2022. Signed by Judge Jon S. Tigar on July 27, 2021. (mllS, COURT STAFF) (Filed on 7/27/2021) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

~Util - Teleconference Zoom AND Case Management Conference - Further AND ~Util - Set Deadlines/Hearings

July 27, 2021

July 27, 2021

~Util - Set Deadlines/Hearings AND ~Util - Teleconference Zoom AND Case Management Conference - Further

July 27, 2021

July 27, 2021

~Util - Teleconference Zoom AND ~Util - Set Deadlines/Hearings AND Case Management Conference - Further

July 27, 2021

July 27, 2021

51

NOTICE of Appearance by Thiago Merlini Coelho (Coelho, Thiago) (Filed on 10/8/2021) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

52

NOTICE of Appearance by Binyamin I. Manoucheri (Manoucheri, Binyamin) (Filed on 10/8/2021) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

53

JOINT CASE MANAGEMENT STATEMENT filed by Juan Alcazar. (Coelho, Thiago) (Filed on 10/22/2021) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

RECAP
54

ORDER VACATING CASE MANAGEMENT CONFERENCEThe Court having reviewed the parties' most recent case management statement, ECF No. 53, and it appearing that there currently are no matters requiring the Court's attention, and in light of the impending class certification briefing deadline, the case management conference scheduled for October 29, 2021 is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered by Judge Jon S. Tigar) (Filed on 10/28/2021) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

Order

Oct. 28, 2021

Oct. 28, 2021

55

Remark: An Unreported telephone conference took place at the parties request on 1/6/2022. (amg, COURT STAFF) (Filed on 1/6/2022) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

Remark

Jan. 6, 2022

Jan. 6, 2022

56

MOTION to Certify Class Plaintiff Juan Alcazar's Notice of Motion and Motion for Class Certification; Declaration of Thiago M. Coelho; Declaration of Juan Alcazar; Declaration of Kannan Arumugam filed by Juan Alcazar. Motion Hearing set for 4/14/2022 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 1/27/2022. Replies due by 2/3/2022. (Attachments: # 1 Declaration of Thiago M. Coelho, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Errata 49, # 51 Errata 50, # 52 Errata 51, # 53 Exhibit 52, # 54 Proposed Order)(Coelho, Thiago) (Filed on 1/13/2022) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

57

OPPOSITION/RESPONSE (re 56 MOTION to Certify Class Plaintiff Juan Alcazar's Notice of Motion and Motion for Class Certification; Declaration of Thiago M. Coelho; Declaration of Juan Alcazar; Declaration of Kannan Arumugam ) filed byFashion Nova, Inc.. (Attachments: # 1 Declaration of Aaron Cannon, # 2 Declaration of Charles Cannizzaro, # 3 Declaration of Greg Scott, # 4 Evidentiary Objections)(Cannizzaro, Charles) (Filed on 2/24/2022) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

58

Joint MOTION for Protective Order filed by Juan Alcazar. Responses due by 4/4/2022. Replies due by 4/11/2022. (Coelho, Thiago) (Filed on 3/21/2022) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

59

NOTICE OF ERRATA re 57 Opposition/Response to Plaintiff Juan Alcazar's Motion for Class Certification by Fashion Nova, Inc. (Cannizzaro, Charles) (Filed on 3/22/2022) Modified on 3/23/2022 (dhm, COURT STAFF). (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

60

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Motions terminated: 58 Joint MOTION for Protective Order filed by Juan Alcazar. Signed by Judge Jon S. Tigar on March 31, 2022. (mll, COURT STAFF) (Filed on 3/31/2022) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

61

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 4/14/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish t o be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than April 13, 2022 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to 56 MOTIO N to Certify Class Plaintiff Juan Alcazar's Notice of Motion and Motion for Class Certification; Declaration of Thiago M. Coelho; Declaration of Juan Alcazar; Declaration of Kannan Arumugam. Motion Hearing set for 4/14/2022 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 4/6/2022) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

April 6, 2022

April 6, 2022

62

CLERK'S NOTICE. Before the Court is the Motion to Certify Class. ECF No. 56 . Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, April 14, 2022, is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 4/7/2022) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

63

NOTICE of Appearance by Thiago Merlini Coelho (Coelho, Thiago) (Filed on 4/7/2022) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

64

NOTICE by Juan Alcazar of Withdrawal of Counsel (Coelho, Thiago) (Filed on 4/7/2022) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

65

REPLY (re 56 MOTION to Certify Class Plaintiff Juan Alcazar's Notice of Motion and Motion for Class Certification; Declaration of Thiago M. Coelho; Declaration of Juan Alcazar; Declaration of Kannan Arumugam ) filed byJuan Alcazar. (Attachments: # 1 Declaration of Kannan Arumugam in Support of Plaintiff's Reply)(Coelho, Thiago) (Filed on 4/7/2022) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

66

EVIDENTIARY OBJECTIONS to 57 Opposition to Plaintiff Juan Alcazar's Motion for Class Certification by Juan Alcazar. (Coelho, Thiago) (Filed on 4/7/2022) Modified text on 4/8/2022 (dhm, COURT STAFF). (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

67

Certificate of Service Regarding 65 Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Class Certification by Juan Alcazar(Coelho, Thiago) (Filed on 4/7/2022) Modified on 4/8/2022. Incorrect event selected (dhm, COURT STAFF). (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

1 - Terminate Hearings AND Clerk's Notice

April 7, 2022

April 7, 2022

Electronic Filing Error

April 8, 2022

April 8, 2022

Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Key Dates

Filing Date: Feb. 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All legally blind individuals who have attempted to access Defendant’s website by the use of a screen reading software during the applicable limitations period up to and including final judgment in this action.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Fashion Nova, Inc.

Defendant Type(s):

Retailer

Case Details

Causes of Action:

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

State law

Other Dockets:

Northern District of California 4:20-cv-01434

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Screen readers and similar accessibility devices

Visual impairment

Recommended Citation