Andrews v. Blick Art Materials, LLC

Filing 32

MEMORANDUM AND ORDER ON THE PARTIES' PROPOSED ENTRY OF JUDGMENT. Because this is a putative class action and may affect many persons, as well as set important precedents, a hearing on fairness and reasonableness is ordered. The hearing shall be held in Courtroom lOB South on 10/5/2017 at 10:30 a.m. Ordered by Judge Jack B. Weinstein on 9/11/2017. (Barrett, C)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
VICTOR ANDREWS, on behalf of himself
and all others similarly situated,

MEMORANDUM AND ORDER ON THE
PARTIES' PROPOSED ENTRY OF
JUDGMENT

Plaintiff,
17-CV-767

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- against -

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BLICK ART MATERIALS, LLC,
U1. 01

Defendant.

WOPICE
COURT E.O.W.Y

* SEP 132017 *

JACK B. WEINSTEIN, Senior United States District Judge:

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The court has the parties' joint motion for entry of judgment based upon a proposed
judgment settling the case. See ECF No. 31.
Because this is a putative class action and may affect many persons, as well as set
important precedents, a hearing on fairness and reasonableness is ordered. See David Herr,
Annotated Manual for Complex Litigation § 21.612, p. 505 (4th ed. 2013) ("[A]lthough Rule
23(e) no longer requires court approval of a settlement or voluntary dismissal of individual
claims as long as the settlement does not bind the class. . . [u]se of the court's supervisory
authority to police the conduct of proposed class actions under Rule 23(d) may be appropriate.");
cf Fed. R. Civ. P. 23(e) (2003) (changing rule to only require court approval of settlements of
claims of a certified class).
The hearing shall be held in Courtroom lOB South on October 5, 2017 at 10:30 a.m. The
named plaintiff and a representative with knowledge for defendant shall be present with counsel.
The court is particularly interested in a number of aspects of the proposed settlement:

1

• Why will it take two years to go into effect? Is a shorter time period desirable or
possible?
• How will the defendants' websites technically operate once they comply with the
"Web Content Accessibility Guidelines (WCAG) 2.0 Level AA?"
• The court would find useful a demonstration of the technology proposed to be
implemented (assuming there is no action by the Department of Justice or
substantial changes in technology while the proposed changes are being
implemented).
The court will not be in a position to determine the appropriateness of the "WCAG 2.0
Level AA Guidelines" until it understands them.

SO RDERED.

Jac/B. Weinstein
Senior United States District Judge
Date: September 11, 2017
Brooklyn, New York