Case: National Association of the Deaf v. Harvard University

3:15-cv-30023 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 12, 2015

Closed Date: Aug. 29, 2023

Clearinghouse coding complete

Case Summary

On February 12, 2015, the National Association of the Deaf (NAD), on behalf of its members (including four named in the complaint) and a proposed class, filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued Harvard University under Section 504 of the Rehabilitation Act and Title III of the Americans with Disabilities Act. The plaintiffs were represented by attorneys from the Disability Law Center, Civil Rights Education and Enforcement Center, the …

On February 12, 2015, the National Association of the Deaf (NAD), on behalf of its members (including four named in the complaint) and a proposed class, filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued Harvard University under Section 504 of the Rehabilitation Act and Title III of the Americans with Disabilities Act. The plaintiffs were represented by attorneys from the Disability Law Center, Civil Rights Education and Enforcement Center, the National Association of the Deaf Law and Advocacy Center, and private council. The plaintiffs sought a permanent injunction that would require Harvard to provide accurate captioning on its online content along with declaratory relief and attorneys' fees. The parties claimed that Harvard had willfully violated the Rehabilitation Act and Americans with Disabilities Act by not providing captioned video and audio content on its platforms and therefore excluding deaf and hard of hearing individuals from benefiting from said content.

The plaintiffs alleged that Harvard did not have administrative procedures or policies in place to ensure that its online content had accurate captioning, whether or not that content had been created or produced by Harvard itself. This issue extended back to 2010, when the U.S. Department of Justice and the U.S. Department of Education issued a joint letter to university colleges and presidents to make clear that the requirements of § 504 and ADA include technological devices when used by places of public accommodation. The following year, the Department of Education released an FAQ explaining the letter, indicating that its contents were predicated on legal precedents and that the letter would apply to all forms of emerging technology, including online content. Despite this and repeated requests from the NAD, Harvard had not accurately captioned much of its online content.

After the initial filing of the complaint on February 12, 2015, Harvard filed a motion to dismiss on May 11, 2015, citing issues of jurisdiction and a failure to state a cause of action. There were a number of responses to Harvard's motion, including the filing of an Amicus Brief by a representative from the U.S. Department of Justice, who agreed with the plaintiffs on this issue. On September 10, 2015, there was a hearing on the motion to dismiss held before Magistrate Judge Katherine A. Robertson. On February 9, 2016, Judge Robertson recommended that the court deny the defendant’s motion to stay or dismiss in its entirety. 2016 WL 3561622. Judge Mark G. Mastroianni adopted Judge Robertson’s recommendation, officially denying the motion on November 3, 2016. The parties then elected to try to settle the dispute using a private mediator. The parties met with the mediator several times, but on February 22, 2018 both parties declared that they were unable to come to an agreement. Judge Robertson set a trial date for 2019.

On June 29, 2019, Harvard filed a motion for judgment on the pleadings. The parties agreed that Magistrate Judge Robertson could conduct this proceeding, and all subsequent proceedings. She granted in part and denied in part Harvard's motion. 377 F.Supp.3d 49. After receiving this order, the parties agreed to re-enter settlement negotiations. The parties mediated the case and reached a proposed settlement that they submitted to the court for approval. The proposed settlement included a consent decree whereby Harvard would caption all of its new online content created after December 1, 2019, caption content created prior to December 1, 2019 at the request of an individual who cannot access the content, establish and implement a "cure process" by which any member of the public can inform Harvard that content has not been captioned or has been inaccurately captioned, report on its compliance with the consent decree every six months, and give the court 42 months of jurisdiction to ensure compliance and enforcement of the settlement. In addition, Harvard pledged not to oppose the plaintiffs' motion for $1,575,000 in attorneys' fees.

On December 9, 2019, Magistrate Judge Robertson granted the motion, thereby certifying the settlement class and preliminarily approving the consent decree. 2019 WL 6699449. The court conducted a fairness hearing on the content of the proposed settlement on February 25, 2020. Judge Robertson approved the consent decree and entered final judgment in favor of the National Association of the Deaf. Judge Robertson also also awarded the plaintiffs $1,575,000 in attorneys' fees. The effective date of the consent decree was February 26, 2020, set for expiration in August of 2023.

The case was officially dismissed on August 29, 2023. This case is now closed.

Summary Authors

Carolyn Weltman (10/11/2015)

Rachel Carpman (11/19/2018)

Hope Brinn (1/24/2020)

Sabrina Glavota (5/25/2020)

Hannah Juge (11/19/2023)

Related Cases

National Association of the Deaf v. Massachusetts Institute of Technology, District of Massachusetts (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4275841/parties/national-association-of-the-deaf-v-harvard-university/


Judge(s)
Attorney for Plaintiff

Charmatz, Marc P. (Maryland)

Cochran, Shaylyn Capri (District of Columbia)

Eichner, Stanley J. (Missouri)

Fox, Timothy Patrick (Colorado)

Attorney for Defendant

Braceras, Roberto M. (Massachusetts)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

3:15-cv-30023

Docket [PACER]

Feb. 26, 2020

Feb. 26, 2020

Docket
1

3:15-cv-30023

Class Action Complaint for Declaratory and Injunctive Relief

Feb. 12, 2015

Feb. 12, 2015

Complaint
33

3:15-cv-30023

Amicus Brief

National Association of the Deaf v. Harvard

June 25, 2015

June 25, 2015

Pleading / Motion / Brief
50

3:15-cv-30023

Report and Recommendation Regarding Defendants' Motion to Stay or Dismiss

Feb. 9, 2016

Feb. 9, 2016

Magistrate Report/Recommendation

2016 WL 2016

173

3:15-cv-30023

Memorandum and Order Regarding Defendants' Motion for Judgment on the Pleadings

National Association of the Deaf v. Harvard

March 28, 2019

March 28, 2019

Order/Opinion

377 F.Supp.3d 377

202

3:15-cv-30023

Memorandum and Order Regarding Plaintiffs' Assented-to Motion to Certify the Class for Settlement Purposes and for Preliminary Approval of Class Action Settlement

National Association of the Deaf v. Harvard

Dec. 9, 2019

Dec. 9, 2019

Order/Opinion

2019 WL 2019

219

3:15-cv-30023

Consent Decree

National Association of the Deaf v. Harvard

Feb. 26, 2020

Feb. 26, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4275841/national-association-of-the-deaf-v-harvard-university/

Last updated Feb. 20, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
5

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Bill Lann Lee and Julie Wilensky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
4

Summons Issued as to Harvard University. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Finn, Mary) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
3

MOTION for Leave to Appear Pro Hac Vice for admission of Bill Lann Lee, Julie Wilensky Filing fee: $ 200, receipt number 0101-5404497 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit Certificate of Bill Lann Lee, # 2 Exhibit Signature of Julie Wilensky)(Murphy, Thomas) (Entered: 02/12/2015)

1 Exhibit Certificate of Bill Lann Lee

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2 Exhibit Signature of Julie Wilensky

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Feb. 12, 2015

Feb. 12, 2015

PACER
2

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Abaid, Kimberly) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
1

COMPLAINT Class Action for Declaratory and Injunctive Relief against All Defendants Filing fee: $ 400, receipt number 0101-5404055 (Fee Status: Filing Fee paid), filed by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Proposed summons, # 4 Proposed summons)(Murphy, Thomas) (Attachment 2 replaced on 2/12/2015 with category sheet in the correct PDF format) (Finn, Mary). Modified on 2/12/2015 (Finn, Mary). (Entered: 02/12/2015)

1 Civil Cover Sheet

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2 Category Form

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3 Proposed summons

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4 Proposed summons

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Feb. 12, 2015

Feb. 12, 2015

Clearinghouse
8

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Timothy P. Fox and Sarah M. Morris. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Timothy Fox, Sarah Morris Filing fee: $ 200, receipt number 0101-5410891 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit Signature of Timothy Fox, # 2 Exhibit Signature of Sarah Morris)(Murphy, Thomas) (Entered: 02/17/2015)

1 Exhibit Signature of Timothy Fox

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2 Exhibit Signature of Sarah Morris

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Feb. 17, 2015

Feb. 17, 2015

PACER
6

CORPORATE DISCLOSURE STATEMENT by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Murphy, Thomas) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
10

AFFIDAVIT OF SERVICE Executed by Lee Nettles, National Association of the Deaf, Christy Smith, C. Wayne Dore, Diane Nettles. President and Fellows of Harvard College served on 2/17/2015, answer due 3/10/2015. Acknowledgement filed by Lee Nettles; National Association of the Deaf; Christy Smith; C. Wayne Dore; Diane Nettles. (Murphy, Thomas) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
9

AFFIDAVIT OF SERVICE Executed by Lee Nettles, National Association of the Deaf, Christy Smith, C. Wayne Dore, Diane Nettles. Harvard University served on 2/17/2015, answer due 3/10/2015. Acknowledgement filed by Lee Nettles; National Association of the Deaf; Christy Smith; C. Wayne Dore; Diane Nettles. (Murphy, Thomas) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
11

MOTION for Leave to Appear Pro Hac Vice for admission of Caroline Jackson, Marc Charmatz Filing fee: $ 200, receipt number 0101-5419419 by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Exhibit M. Charmatz Signature, # 2 Exhibit C. Jackson Signature)(Murphy, Thomas) (Entered: 02/23/2015)

1 Exhibit M. Charmatz Signature

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2 Exhibit C. Jackson Signature

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Feb. 23, 2015

Feb. 23, 2015

PACER
12

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added Marc P. Charmatz and Caroline E. Jackson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
15

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Robert A. Naeve Filing fee: $ 100, receipt number 0101-5440617 by President and Fellows of Harvard College. (Attachments: # 1 Exhibit A)(Morrison, Christopher) (Entered: 03/05/2015)

1 Exhibit A

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March 5, 2015

March 5, 2015

PACER
14

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Morrison, Christopher) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
13

Assented to MOTION for Extension of Time to May 11, 2015 to Respond to the Amended Complaint, Assented to MOTION for Extension of Time to File Answer re 1 Complaint,, ( Responses due by 3/19/2015) by President and Fellows of Harvard College.(Morrison, Christopher) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
18

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 13 Motion for Extension of Time; granting 13 Motion for Extension of Time to Answer re 1 Complaint,, President and Fellows of Harvard College answer due 5/11/2015. (Finn, Mary) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
17

NOTICE of Appearance by Christopher M. Morrison on behalf of President and Fellows of Harvard College (Morrison, Christopher) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
16

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice Added Robert A. Naeve. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
19

NOTICE of Change of Address or Firm Name by Julie Wilensky (Wilensky, Julie) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
21

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 20 Motion for Leave to File Document In Excess of Twenty Pages. Allowed, up to thirty-five pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Healy, Bethaney) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
20

Assented to MOTION for Leave to File Memorandum of Law in Support of Defendants' Motion to Stay or Dismiss the Complaint by President and Fellows of Harvard College.(Morrison, Christopher) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
24

MEMORANDUM in Support re 23 MOTION to Stay re 1 Complaint,, or to Dismiss filed by President and Fellows of Harvard College. (Naeve, Robert) (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

RECAP
23

MOTION to Stay re 1 Complaint,, or MOTION to Dismiss by President and Fellows of Harvard College.(Naeve, Robert). Added an additional relief - MOTION to Dismiss on 5/12/2015. (Finn, Mary). (Entered: 05/11/2015)

May 11, 2015

May 11, 2015

PACER
22

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey R. Johnson Filing fee: $ 100, receipt number 0101-5552337 by President and Fellows of Harvard College. (Attachments: # 1 Declaration of Jeffrey R. Johnson, Esq.)(Morrison, Christopher) (Entered: 05/11/2015)

1 Declaration of Jeffrey R. Johnson, Esq.

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May 11, 2015

May 11, 2015

PACER
25

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 22 Motion for Leave to Appear Pro Hac Vice Added Jeffrey R. Johnson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 05/12/2015)

May 12, 2015

May 12, 2015

PACER
26

Assented to MOTION for Extension of Time to 06/25/2015 to File Response/Reply as to 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith.(Wilensky, Julie) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER
27

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 26 Motion for Extension of Time to File Response/Reply re 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss Responses due by 6/25/2015. (Finn, Mary) (Entered: 05/22/2015)

May 22, 2015

May 22, 2015

PACER
29

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 28 Motion for Leave to File Memorandum in Excess of 20 Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
28

MOTION for Leave to File Excess Pages by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith.(Fox, Timothy) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

PACER
31

MOTION for Leave to File a Statement of Interest in Excess of 20 Pages by The United States.(Lanvers, Charlotte) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

RECAP
30

NOTICE of Appearance by Charlotte L. Lanvers on behalf of The United States (Lanvers, Charlotte) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

RECAP
32

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 31 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Finn, Mary) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
34

Opposition re 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Attachments: # 1 Appendix Appendix of Filings from Other Cases, # 2 Appendix Appendix A, # 3 Appendix Appendix B, # 4 Appendix Appendix C, # 5 Appendix Appendix D, # 6 Appendix Appendix E)(Murphy, Thomas) (Entered: 06/25/2015)

1 Appendix Appendix of Filings from Other Cases

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2 Appendix Appendix A

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3 Appendix Appendix B

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4 Appendix Appendix C

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5 Appendix Appendix D

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6 Appendix Appendix E

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June 25, 2015

June 25, 2015

PACER
33

AMICUS BRIEF filed by The United States . (Lanvers, Charlotte) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

Clearinghouse
35

ELECTRONIC NOTICE issued requesting courtesy copy for 34 Opposition to Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 7/3/2015. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
37

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Katherine A. Robertson Referred for: Full Pretrial, No Dispositive Motions (ptn). Motions referred: 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss for Report and Recommendation. (Pelegano, Theresa) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
36

Remark - Courtesy copyo of document 34 received and placed in the file. (Finn, Mary) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
38

MOTION for Leave to File Reply Memorandum by July 24, 2015 by President and Fellows of Harvard College.(Morrison, Christopher) Modified on 6/30/2015 to correct date. (Calderon, Melissa). (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
39

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 38 defendant's Motion for Leave to File Reply Memorandum by July 24, 2015. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Robertson, Katherine) (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
40

REPLY to Response to 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by President and Fellows of Harvard College. (Naeve, Robert) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
41

ELECTRONIC NOTICE Setting Hearing on MOTION to Stay or Dismis (Dkt. No. 23 in 3:15-cv-30023-MGM) and MOTION to Stay or Dismiss (Dkt. No. 24 in 3:15-cv-30024-MGM) ISSUED: A Motion Hearing is set for 9/10/2015 at 2:30 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
42

ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Motion Hearing re MOTION to Stay or Dismis (Dkt. No. 23 in 3:15-cv-30023-MGM) and MOTION to Stay or Dismiss (Dkt. No. 24 in 3:15-cv-30024-MGM) was held on 9/10/2015. Attorneys Present: Arlene B. Mayerson, Timothy P. Fox, Robert A. Naeve, Christopher M. Morrison and Charlotte L. Lanvers. Arguments were heard on the pending motions. This matter is taken under advisement. R&R to issue. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 09/11/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
44

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Scalfani, Deborah) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
43

Transcript of Motion Hearing held on September 10, 2015, before Magistrate Judge Katherine A. Robertson. The Transcript may be purchased through Janice Russell at trussell31@tdsmail.com, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Janice Russell. Redaction Request due 10/20/2015. Redacted Transcript Deadline set for 10/30/2015. Release of Transcript Restriction set for 12/28/2015. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Scalfani, Deborah) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
46

NOTICE by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith re 34 Opposition to Motion, Notice of Supplemental Authority in Support of Opposition to Motion to Dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Murphy, Thomas) (Entered: 11/20/2015)

1 Exhibit 1

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2 Exhibit 2

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Nov. 20, 2015

Nov. 20, 2015

PACER
45

NOTICE of Change of Address or Firm Name by Thomas P. Murphy for Julie Wilensky and Bill Lann Lee (Murphy, Thomas) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
47

NOTICE by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith re 34 Opposition to Motion, Second Notice of Supplemental Authority in Support of Opposition to Motion to Dismiss (Attachments: # 1 Exhibit 1)(Murphy, Thomas) (Entered: 11/24/2015)

1 Exhibit 1

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Nov. 24, 2015

Nov. 24, 2015

PACER
48

Notice of Supplemental Authorities re 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss (Attachments: # 1 Exhibit DOJ, Statement of Regulatory Priorities (November 24, 2015))(Naeve, Robert) (Entered: 12/04/2015)

1 Exhibit DOJ, Statement of Regulatory Priorities (November 24, 2015)

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Dec. 4, 2015

Dec. 4, 2015

PACER
49

NOTICE of Withdrawal of Appearance by Thomas P. Murphy of Sarah Morris (Murphy, Thomas) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

PACER
50

Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS re Defendant's 23 MOTION to Stay or Dismiss. For the reasons stated, it is this Court's recommendation that the Defendant's Motion to Stay or Dismiss be denied in its entirety. See attached R&R for complete details. Objections to R&R due by 2/23/2016. (Calderon, Melissa) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

Clearinghouse
52

NOTICE of Appearance by Stephen M. Hoeplinger on behalf of Harvard University, President and Fellows of Harvard College (Hoeplinger, Stephen) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
51

NOTICE of Appearance by Roberto M. Braceras on behalf of Harvard University, President and Fellows of Harvard College (Braceras, Roberto) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
53

Assented to MOTION for Extension of Time to March 18, 2016 to File Objections to Magistrate Judge's Report and Recommendation by Harvard University, President and Fellows of Harvard College.(Braceras, Roberto) Modified on 2/17/2016 (to change the relief type of the motion to motion for ext. of time to file resp./reply. Finn, Mary). (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
55

Set/Reset Deadlines as to 50 REPORT AND RECOMMENDATIONS. Defts' Ojbections due by 3/18/2016. (Finn, Mary) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
54

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting (53) Motion for Extension of Time to File Response/Reply re (50 in 3:15-cv-30023-MGM) RESPONSES/OBJECTIONS due by 3/18/2016. Associated Cases: 3:15-cv-30024-MGM, 3:15-cv-30024-MGM(Finn, Mary) Modified on 2/19/2016 to clean up the text. (Finn, Mary). (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
56

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered taking under advisement 23 Motion to Dismiss; taking under advisement 50 Report and Recommendations.; taking under advisement 23 Motion to Stay (Pelegano, Theresa) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

PACER
60

NOTICE of Withdrawal of Appearance by Christopher M. Morrison of Jeffrey R. Johnson (Morrison, Christopher) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
59

NOTICE of Withdrawal of Appearance by Christopher M. Morrison of Robert A. Naeve (Morrison, Christopher) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
58

NOTICE of Withdrawal of Appearance by Christopher M. Morrison of Christopher M. Morrison (Morrison, Christopher) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
57

SUGGESTION OF DEATH Upon the Record as to Diane Nettles by C. Wayne Dore, National Association of the Deaf, Diane Nettles, Lee Nettles, Christy Smith. (Murphy, Thomas) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
62

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 61 Motion for Leave to Appear Pro Hac Vice Added William M. Jay. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Finn, Mary) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
61

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of William M. Jay Filing fee: $ 100, receipt number 0101-6025756 by Harvard University, President and Fellows of Harvard College. (Attachments: # 1 Exhibit A)(Braceras, Roberto) (Entered: 03/17/2016)

1 Exhibit A

View on PACER

March 17, 2016

March 17, 2016

PACER
63

OBJECTION to 50 Report and Recommendations filed by Harvard University, President and Fellows of Harvard College. (Braceras, Roberto) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

RECAP
65

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 64 Motion for Extension of Time to File Response/Reply re 50 REPORT AND RECOMMENDATIONS re 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by President and Fellows of Harvard College. Pltfs' Replies due by 4/8/2016. (Finn, Mary) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
64

Assented to MOTION for Extension of Time to 4/8/16 to File Response/Reply as to 63 Objection to Report and Recommendations by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith.(Murphy, Thomas) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
67

REPLY TO OBJECTION to 50 Report and Recommendations filed by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith. (Murphy, Thomas) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
66

REPLY TO OBJECTION to 50 Report and Recommendations filed by The United States. (Lanvers, Charlotte) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
68

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered regarding 63 Defendants Objection to Report and Recommendations, 67 Plaintiffs Reply to Objection, and 66 United States of Americas Reply to Objection. The Court wishes to clarify that it will not hold a hearing on the parties responses to the 50 Report and Recommendations. While the Court is mindful of Defendants request in their Objection to hold a hearing, the Court notes that a hearing was already held before Judge Robertson issued her Report and Recommendations. The issues before the Court are largely questions of law and, given the thorough briefing and the hearing that has already occurred in this case, an additional hearing would not assist the Court in resolving the issues. (Montes, Mariliz) (Entered: 04/25/2016)

April 25, 2016

April 25, 2016

PACER
69

MOTION for Leave to File Reply in Support of Its Objections to the Magistrate Judge's Report and Recommendation by Harvard University, President and Fellows of Harvard College. (Attachments: # 1 Proposed Reply)(Braceras, Roberto) (Entered: 04/27/2016)

1 Proposed Reply

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April 27, 2016

April 27, 2016

PACER
71

REPLY by Harvard University in support of 63 Objection to Report and Recommendations Reply In Support (Braceras, Roberto) Modified on 5/2/2016 to correct the text to reflect the document that is being filed. (Finn, Mary). (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

RECAP
70

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 69 Motion for Leave to File Reply in Support of Objections ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Montes, Mariliz) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
72

NOTICE of Appearance by Jennifer B. Luz on behalf of Harvard University, President and Fellows of Harvard College (Luz, Jennifer) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
73

NOTICE of Withdrawal of Appearance by Stephen M. Hoeplinger (Hoeplinger, Stephen) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
74

NOTICE of Withdrawal of Appearance by Julie Wilensky (Wilensky, Julie) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
75

Notice of Supplemental Authorities re 50 REPORT AND RECOMMENDATIONS re 23 MOTION to Stay re 1 Complaint,, or to Dismiss MOTION to Dismiss filed by President and Fellows of Harvard College filed by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith. (Attachments: # 1 Appendix)(Murphy, Thomas) (Entered: 09/23/2016)

1 Appendix

View on PACER

Sept. 23, 2016

Sept. 23, 2016

PACER
76

Response by Harvard University, President and Fellows of Harvard College to 75 Notice of Supplemental Authorities, . (Braceras, Roberto) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
77

Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated in the findings and ruling of the Magistrate Judge, the 50 Report and Recommendation is hereby ADOPTED in its entirety. Defendants 23 Motion to Stay or Dismiss is hereby DENIED. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

RECAP
79

Assented to MOTION for Extension of Time to December 9, 2016 to File Answer re 1 Complaint,, by Harvard University, President and Fellows of Harvard College.(Braceras, Roberto) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
78

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Andrew Kim Filing fee: $ 100, receipt number 0101-6372594 by Harvard University, President and Fellows of Harvard College. (Attachments: # 1 Exhibit A)(Braceras, Roberto) (Entered: 11/14/2016)

1 Exhibit A

View on PACER

Nov. 14, 2016

Nov. 14, 2016

PACER
81

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Assented-to 79 MOTION for Extension of Time to Answer the Complaint. Answer due by no later than December 9, 2016. (Calderon, Melissa) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
80

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 78 Motion for Leave to Appear Pro Hac Vice. Added: Andrew Kim. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Calderon, Melissa) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
82

ANSWER to 1 Complaint,, by Harvard University, President and Fellows of Harvard College.(Braceras, Roberto) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

PACER
83

NOTICE of Scheduling Conference. Scheduling Conference set for 1/17/2017 11:30 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. Joint Statement due by 1/10/2017.(Finn, Mary) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
85

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Janet Grumer Filing fee: $ 100, receipt number 0101-6427930 by Harvard University, President and Fellows of Harvard College. (Attachments: # 1 Exhibit A)(Braceras, Roberto) (Entered: 12/22/2016)

1 Exhibit A

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Dec. 22, 2016

Dec. 22, 2016

PACER
84

Assented to MOTION to Continue Scheduling Conference to Feb. 14, 15, 16, or 17 by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith.(Murphy, Thomas) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
86

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 84 Motion to Continue the Scheduling Conference. The Scheduling Conference is reset to 2/14/2017 02:00 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson; granting 85 Motion for Leave to Appear Pro Hac Vice. Added Janet Grumer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. . (Finn, Mary) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
88

Joint MOTION for Extension of Time to Comply with Federal Rule of Civil Procedure 26(f) and Local Rule 16.1 by Harvard University, President and Fellows of Harvard College.(Braceras, Roberto) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
87

Joint MOTION for Hearing by Telephone by C. Wayne Dore, National Association of the Deaf, Lee Nettles, Christy Smith.(Murphy, Thomas) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
90

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 88 Joint MOTION for Extension of Time to Comply with Federal Rule of Civil Procedure 26(f) and Local Rule 16.1. (Finn, Mary) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
89

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 87 Motion to Appear at the 2/14/29017 scheduling conference by telephone. Telephone conference information sent to counsel who will appear by telephone, the other counsel will appear in person. (Finn, Mary) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
91

Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Scheduling Conference held on 2/14/2017. Attorneys Present: Thomas P. Murphy, Timothy P. Fox (by telephone), Arlene B. Mayerson (by telephone), Stanley Eichner (by telephone), Caitlin Parton (by telephone), Roberto M. Braceras, Jennifer Luz, William M. Jay (by telephone), and Janet Grumer (by telephone). Colloquy re: status of the case. The parties are working closely towards trying to narrow the issues and/or possible resolution. A further Scheduling Conference is set for 4/4/2017 at 2:30 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. A joint status report report shall be filed by no later than 3/31/2017. (Court Reporter: Digital Recording. To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 02/15/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
92

STATUS REPORT (JOINT) and Motion to Continue Scheduling Conference by Harvard University, President and Fellows of Harvard College. (Braceras, Roberto) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
93

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered re Joint Status Report (Dkt. 92 ). A further status report shall be filed by no later than 5/3/2017. The parties' request to continue has been allowed inasmuch as the Scheduling Conference shall be rescheduled. The proposed date, however, is not available. The Scheduling Conference is reset for 5/10/2017 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. No further extensions should be anticipated. Associated Cases: 3:15-cv-30023-MGM & 3:15-cv-30024-MGM. (Calderon, Melissa) (Entered: 04/03/2017)

April 3, 2017

April 3, 2017

PACER
94

STATUS REPORT (JOINT) by Harvard University, President and Fellows of Harvard College. (Braceras, Roberto) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
95

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered. The parties are directed to appear on May 10, 2017 at 11:00 a.m. for a status conference to report in further detail concerning the status of potential mediation. Counsel who desire to appear by telephone at the status conference may file a motion requesting leave to do so. (Robertson, Katherine) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
96

Joint MOTION for Hearing by Telephone (Status Conference 05/10/2017) by Harvard University, President and Fellows of Harvard College.(Braceras, Roberto) (Entered: 05/05/2017)

May 5, 2017

May 5, 2017

PACER
97

Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting (96) Motion for Certain Counsel to appear at the 5/10/2017 Status Conference by telephone in case 3:15-cv-30023-MGM; granting (96) Motion for Certian Counsel to Appear at the 5/10/2017 Status Conference by telephone in case 3:15-cv-30024-MGM. Telephone call in information e-mailed to counsel this date. Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM(Finn, Mary) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
98

Electronic Clerk's Notes for proceedings held before Magistrate Judge Katherine A. Robertson: Scheduling Conference held on 5/10/2017. Attorneys Present: Thomas P. Murphy, Caroline Jackson (by telephone), Stanley Eichner (by telephone), Caitlin Parton (by telephone), Roberto M. Braceras, Jennifer Luz, William M. Jay (by telephone), Andrew Kim (by telephone), Janet Grumer (by telephone) and Namita Gupta (by telephone). Colloquy re: status of the case. Further deadlines were established. A status report, informing the selection of the private mediator, shall be filed by no later than 5/19/2017; a status report, notifying the timetable of the mediation schedule, shall be filed by no later than 6/2/2017; and a Status Conference is set for 8/2/2017 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. No further deadlines were set. (Court Reporter: Digital Recording. To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) Associated Cases: 3:15-cv-30023-MGM, 3:15-cv-30024-MGM (Calderon, Melissa) (Entered: 05/15/2017)

May 10, 2017

May 10, 2017

PACER
99

STATUS REPORT (JOINT) by Harvard University, President and Fellows of Harvard College. (Braceras, Roberto) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
100

STATUS REPORT (Joint) by Harvard University, President and Fellows of Harvard College. (Braceras, Roberto) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 12, 2015

Closing Date: Aug. 29, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

National Association of the Deaf - A non-profit, civil rights organization for deaf and hard of hearing people Four individuals who are limited in their ability to hear.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Civil Rights Education and Enforcement Center

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Harvard University (Cambridge, Massachusetts, Middlesex), Private Entity/Person

Defendant Type(s):

College/University

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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: 1,575,000

Order Duration: 2020 - 2023

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Issues

General:

Communication skills

School/University policies

TTY/Close Captioning/Videophone/etc.

Website

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

Hearing impairment

Environmental Justice and Resources:

Effective Communication (ADA)

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Non-government for-profit