National Association of the Deaf et al v. Massachusetts Institute of Technology
| National Association of the Deaf, C. Wayne Dore, Christy Smith, Lee Nettles and Diane Nettles |
| Massachusetts Institute of Technology |
| 3:2015cv30024 |
| February 12, 2015 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Hampden |
| Mark G. Mastroianni |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 1218 |
| None |
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Filing
209
Magistrate Judge Katherine A. Robertson: ORDER entered. MEMORANDUM AND ORDER Regarding Plaintiff's Assented-to MOTION to Certify the Class for Settlement Purposes and for Preliminary Approval of Class Action Settlement. As set forth, the court holds as follows: 1. The following class is certified for settlement purposes: All persons (other than students of the Massachusetts Institute of Technology) who, at any time between February 11, 2012 and the date of preliminar y approval of this settlement, have claimed or could have claimed to assert a right under Title III of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and/or other federal, state or local statutes or regulations that set f orth standards or obligations coterminous with or equivalent to Title III of the Americans with Disabilities Act or any of the rules or regulations promulgated thereunder, alleging that they are deaf or hard of hearing and that Harvard has failed to make accessible to persons who are deaf or hard of hearing online content posted and available for the general public that is produced, created, hosted, linked to, or embedded by MIT. 2. The court appoints named plaintiffs C. Wayne Dore , Christy Smith, and Lee Nettles as class representatives. 3. The court appoints the following lawyers as class counsel: Joseph Sellers and Shaylyn Cochran of Cohen Milstein Sellers & Toll PLLC; Thomas P. Murphy and Tatum A. Pri tchard of the Disability Law Center, Inc.; Amy Farr Robertson of the Civil Rights Education and Enforcement Center; Arlene Mayerson and Carly A. Myers of the Disability Rights Education and Defense Fund, Inc.; and Howard Rosenblum of the National Ass ociation of the Deaf. 4. The proposed Consent Decree is preliminarily approved. 5. The proposed notice and the jointly proposed plan for dissemination of the proposed notice is approved. 6. The court sets the following deadlines, noting that these deadlines are subject to adjustment by agreement of counsel in view of the COVID-19 pandemic and its impact on the parties and their staffs: a. Plainti ffs will issue the notice to the class by April 7, 2020; b. The deadline to submit objections to the settlement in accordance with the instructions in the notice i s May 19, 2020; c. Responses to objections will be submitted by May 26, 2020; and d. A fairness hearing will be held on July 14, 2020 at 11:00 a.m. It is so ordered. See attached Memo & Order for complete details. (Rivera, Melissa)
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Filing
159
Magistrate Judge Katherine A. Robertson: ORDER entered. MEMORANDUM AND ORDER Regarding Defendant's MOTION for Judgment on the Pleadings. For the foregoing reasons, the court DENIES in part and GRANTS in part MIT's Motion. See attached Memo & Order for complete details. (Calderon, Melissa)
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Filing
78
Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court adopts Judge Robertson's 51 Report and Recommendations in full and the Defendants 24 Motion to Stay or Dismiss is hereby DENIED. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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