National Federation of the Blind, et al v. Arizona Board of Regents, et al

Filing 21

MOTION to Expedite Scheduling Conference Unopposed Motion for Expedited Scheduling Conference by National Federation of the Blind, American Council of the Blind, Darrell Shandrow. (Attachments: # 1 Text of Proposed Order)(Friedman, Andrew)

BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, P.C.
Andrew S. Friedman (AZ Bar. 005425)
Guy A. Hansen (AZ Bar. 013549)
2901 North Central Avenue, Suite 1000
Phoenix, Arizona 85012
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Daniel F. Goldstein
Mehgan Sidhu
BROWN, GOLDSTEIN & LEVY, LLP
120 E. Baltimore St., Suite 1700
Baltimore, MD 21202
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Counsel for Plaintiffs
[Additional Counsel Appear on Signature Page]

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
The NATIONAL FEDERATION OF THE
BLIND, The AMERICAN COUNCIL OF
THE BLIND, and DARRELL SHANDROW,
Plaintiffs,
vs.
The ARIZONA BOARD OF REGENTS and
ARIZONA STATE UNIVERSITY,
Defendants

Case No: 2:09-cv-01359-GMS
UNOPPOSED MOTION FOR
EXPEDITED SCHEDULING
CONFERENCE
(Honorable G. Murray Snow)

Plaintiffs, by and through their undersigned counsel, respectfully request the Court
to convene an expedited case management conference pursuant to Fed. R. Civ. P.16 and
Ariz. L.R. 16.2, to set a hearing date on Plaintiffs’ Motion for Preliminary Injunction and
to establish a schedule for the proceedings relating to that motion. Defendants do not
oppose this motion to the extent that it requests an early case management conference.
Defendants agree that it makes sense to hold a brief scheduling conference but do not
concede that an expedited hearing on the motion for preliminary injunction is warranted or
necessary.
MEMORANDUM OF POINTS AND AUTHORITIES
Plaintiffs have filed a motion seeking a preliminary injunction enjoining Arizona
State University (“ASU”) from using the Kindle DX electronic book reader for course
materials because the Kindle menus are inaccessible to blind students. See Motion for
Preliminary Injunction and Memorandum in Support Thereof dated June 25, 2009.
Because ASU intends to move forward with this pilot program when its Fall semester
begins on August 24, 2009, it is imperative that the hearing on Plaintiffs’ Motion for
Preliminary Injunction be held prior to that date.
Cognizant of the impending August 24, 2009 deadline, Plaintiffs served the
Motion for Preliminary Injunction and a Motion for Expedited Discovery together with
the Summons and Complaint on June 26, 2009. Counsel for Plaintiffs also reached out to
Lisa Hudson, the Assistant Attorney General assigned to this case, to confer on a
mutually acceptable schedule for the hearing on Plaintiffs’ Motion for Preliminary
Injunction and the events leading up to the hearing. Because Ms. Hudson will be on
vacation during the first two weeks of August, the parties agreed to ask the Court to set
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the injunction hearing, if one is to be held prior to the start of the semester, during the
week of August 17, 2009. Counsel for Plaintiffs also agreed not to oppose Defendants’
request for an extension of the deadline for answering the Complaint and responding to
the Motion for Preliminary Injunction until July 24, 2009.
Based on the foregoing, Plaintiffs respectfully request the Court to set an early
case management conference to: (1) set a hearing date for Plaintiffs’ Motion for
Preliminary Injunction during the week of August 17, 2009, if acceptable to the Court;
(2) address any other scheduling issue relating to the Motion for Preliminary Injunction;
and (3) answer any questions the Court may have concerning these proceedings. Counsel
for Plaintiffs have conferred with counsel for Defendants, who indicates that Defendants
do not oppose this motion for the limited purpose of setting a scheduling conference.
Defendants do not concede that an expedited hearing on the motion for preliminary
injunction is required or necessary, as Defendants oppose Plaintiffs’ request for a
preliminary injunction.
RESPECTFULLY SUBMITTED this 15th day of July, 2009.
BONNETT,FAIRBOURN, FRIEDMAN
& BALINT, P.C.
/s/Andrew S. Friedman
Andrew S. Friedman (AZ Bar. 005425)
Guy A. Hanson (AZ Bar. 013549)
2901 North Central Avenue, Suite 1000
Phoenix, AZ 85012-3311
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
OF COUNSEL,
Daniel F. Goldstein (Pro Hac Vice)
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Mehgan Sidhu (Pro Hac Vice)
BROWN, GOLDSTEIN & LEVY, LLP
120 E. Baltimore St., Suite 1700
Baltimore, MD 21202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Amy Robertson (Pro Hac Vice)
FOX & ROBERTSON, P.C.
104 Broadway, Suite 400
Denver, CO 80203
TTY: (877) -595-9706
Telephone: [phone]
Facsimile: (303).595.9705
[e-mail]
Eve Hill (Pro Hac Pending)
1667 K St. NW, Suite 640
Washington, DC 20006
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2009, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system which will send notification of such filing
to the e-mail addresses denoted on the Electronic Mail notice list, and I hereby certify
that I have mailed the foregoing document or paper via the United States Postal Service
to the non-CM/ECF participants indicated on the Manual Notice list.
I certify under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct. Executed on July 15, 2009.
By:/s/Nancy Varner
Nancy Varner
BONNETT FAIRBOURN
FRIEDMAN
& BALINT, PC
2901 North Central Avenue,
Suite 1000
Phoenix, Arizona 85012
602-274-1100
602-274-1199 facsimile
Email: [e-mail]