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

Documents in the Clearinghouse

Documents in this case

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 3561622

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 49

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 6699449

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 March 30, 2026, 4:33 a.m.

ECF Number Date Description Link
1 Feb. 12, 2015

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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RECAP
2 Feb. 12, 2015

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)

RECAP
3 Feb. 12, 2015

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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4 Feb. 12, 2015

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)

RECAP
5 Feb. 12, 2015

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)

RECAP
6 Feb. 17, 2015

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

RECAP
7 Feb. 17, 2015

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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8 Feb. 17, 2015

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)

RECAP
9 Feb. 19, 2015

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)

RECAP
10 Feb. 19, 2015

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)

RECAP
11 Feb. 23, 2015

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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12 Feb. 24, 2015

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)

RECAP
13 March 5, 2015

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)

RECAP
14 March 5, 2015

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

RECAP
15 March 5, 2015

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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16 March 6, 2015

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)

RECAP
17 March 6, 2015

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

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18 March 6, 2015

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)

RECAP
19 March 26, 2015

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

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20 May 8, 2015

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)

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21 May 8, 2015

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)

RECAP
May 8, 2015

Order on Motion for Leave to File Document

22 May 11, 2015

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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23 May 11, 2015

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)

RECAP
24 May 11, 2015

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)

RECAP
25 May 12, 2015

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)

RECAP
May 12, 2015

Order on Motion for Leave to Appear

26 May 21, 2015

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)

RECAP
27 May 22, 2015

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)

RECAP
May 22, 2015

Order on Motion for Extension of Time to File Response/Reply

28 June 11, 2015

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)

RECAP
29 June 11, 2015

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)

RECAP
June 11, 2015

Order on Motion for Leave to File Excess Pages

30 June 22, 2015

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

RECAP
31 June 22, 2015

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

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32 June 23, 2015

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)

RECAP
June 23, 2015

Order on Motion for Leave to File Document

33 June 25, 2015

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

RECAP
34 June 25, 2015

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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RECAP
35 June 26, 2015

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)

RECAP
36 June 29, 2015

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

RECAP
37 June 29, 2015

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)

RECAP
June 29, 2015

Order Referring Case to Magistrate Judge

38 June 30, 2015

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)

RECAP
39 July 20, 2015

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)

RECAP
July 20, 2015

Order on Motion for Leave to File Document

40 July 24, 2015

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)

RECAP
41 Aug. 14, 2015

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)

RECAP
42 Sept. 10, 2015

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)

RECAP
43 Sept. 29, 2015

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)

RECAP
44 Sept. 29, 2015

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)

RECAP
45 Nov. 20, 2015

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)

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46 Nov. 20, 2015

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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47 Nov. 24, 2015

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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48 Dec. 4, 2015

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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49 Feb. 3, 2016

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

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50 Feb. 9, 2016

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)

RECAP
51 Feb. 10, 2016

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

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52 Feb. 10, 2016

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

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53 Feb. 16, 2016

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)

RECAP
54 Feb. 19, 2016

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)

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55 Feb. 19, 2016

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

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Feb. 19, 2016

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Extension of Time to File Response/Reply

56 Feb. 23, 2016

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)

RECAP
Feb. 23, 2016

Order on Motion to Stay AND Order on Motion to Dismiss AND Order On Report and Recommendations

57 March 16, 2016

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)

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58 March 16, 2016

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

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59 March 16, 2016

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

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60 March 16, 2016

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

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61 March 17, 2016

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

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62 March 17, 2016

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)

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March 17, 2016

Order on Motion for Leave to Appear

63 March 18, 2016

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

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64 March 22, 2016

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)

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65 March 22, 2016

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)

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March 22, 2016

Order on Motion for Extension of Time to File Response/Reply

66 April 8, 2016

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

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67 April 8, 2016

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)

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68 April 25, 2016

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)

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April 25, 2016

Order

69 April 27, 2016

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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70 April 29, 2016

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)

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71 April 29, 2016

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)

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April 29, 2016

Order on Motion for Leave to File Document

72 May 2, 2016

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

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73 May 9, 2016

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

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74 Aug. 5, 2016

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

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75 Sept. 23, 2016

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

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76 Sept. 26, 2016

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

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77 Nov. 3, 2016

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)

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78 Nov. 14, 2016

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

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79 Nov. 14, 2016

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)

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80 Nov. 15, 2016

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)

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81 Nov. 15, 2016

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)

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Nov. 15, 2016

Order on Motion for Extension of Time to Answer

Nov. 15, 2016

Order on Motion for Leave to Appear

82 Dec. 9, 2016

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

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83 Dec. 13, 2016

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)

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84 Dec. 22, 2016

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)

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85 Dec. 22, 2016

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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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):

Non-profit NON-religious organization

Private Plaintiff

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

Private Entity/Person

Harvard University

Defendant Type(s):

College/University

Facility Type(s):

Non-government for-profit

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

Other Dockets:

District of Massachusetts 3:15-cv-30023

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Preliminary relief granted

Reasonable Accommodation

Reporting

Amount Defendant Pays: 1,575,000

Order Duration: 2020 - 2023

Issues

General/Misc.:

Communication skills

School/University policies

Website

Disability and Disability Rights:

Effective Communication (ADA)

Hearing impairment

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

TTY/Close Captioning/Videophone/etc.

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation