Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 1 of 12
CLOSED,MEDTERM,PROTO
U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:16−cv−00765−YGR

Blanks et al v. AMC Entertainment Inc., et al Assigned to: Hon. Yvonne Gonzalez Rogers Cause: 42:12101 Americans w/ Disabilities Act (ADA)
Plaintiff

Date Filed: 02/16/2016 Date Terminated: 04/27/2017 Jury Demand: None Nature of Suit: 446 American with Disabilities − Other Jurisdiction: Federal Question

Scott Blanks on behalf of himself and all others similarly situated

represented by Michael S. Nunez Rosen Bien Galvan & Grunfeld LLP 101 Mission Street Sixth Floor San Francisco, CA 94105 (415) 433−6830 Fax: (415) 433−7104 Email: mnunez@rbgg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford Disability Rights Advocates 2001 Center Street, 4th Floor Berkeley, CA 94704−1204 (510) 665−8644 Fax: (510) 665−8511 Email: rwilliford@dralegal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth Floor San Francisco, CA 94105−1738 (415) 433−6830 Email: egalvan@rbgg.com ATTORNEY TO BE NOTICED

Julia Zoog Marks Disability Rights Advocates 2001 Center Street, Fourth Floor Berkeley, CA 94704−1204 United Sta (510)665−8644 Fax: 510 665−8511 Email: jmarks@dralegal.org TERMINATED: 09/15/2017

Laurence Wayne Paradis Disability Rights Advocates 2001 Center Street, Fourth Floor Berkeley, CA 94704−1204 510−665−8644 Fax: 510−665−8511 Email: larryp@dralegal.org TERMINATED: 08/03/2016

Melissa Riess Disability Rights Advocates

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 2 of 12

2001 Center St. Fourth Floor Berkeley, CA 94704−1204 5106658644 Fax: 5106658511 Email: mriess@dralegal.org ATTORNEY TO BE NOTICED

Sidney M. Wolinsky Disability Rights Advocates 2001 Center Street Fourth Floor Berkeley, CA 94704 510−665−8644 Fax: 510−665−8511 Email: general@dralegal.org TERMINATED: 01/04/2019

Plaintiff
California Council of the Blind on behalf of its members and all other similarly situated

represented by Michael S. Nunez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Julia Zoog Marks (See above for address) TERMINATED: 09/15/2017

Laurence Wayne Paradis (See above for address) TERMINATED: 08/03/2016

Melissa Riess (See above for address) ATTORNEY TO BE NOTICED

Sidney M. Wolinsky (See above for address) TERMINATED: 01/04/2019

Plaintiff
Leah Gardner on behalf of herself and all others similarly situated

represented by Michael S. Nunez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 3 of 12

Julia Zoog Marks (See above for address) TERMINATED: 09/15/2017

Laurence Wayne Paradis (See above for address) TERMINATED: 08/03/2016

Melissa Riess (See above for address) ATTORNEY TO BE NOTICED

Sidney M. Wolinsky (See above for address) TERMINATED: 01/04/2019

Plaintiff
Lighthouse for the Blind and Visually Impaired

represented by Michael S. Nunez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Julia Zoog Marks (See above for address) TERMINATED: 09/15/2017

Laurence Wayne Paradis (See above for address) TERMINATED: 08/03/2016

Melissa Riess (See above for address) ATTORNEY TO BE NOTICED

Sidney M. Wolinsky (See above for address) TERMINATED: 01/04/2019

Plaintiff
Charles Nabarrete on behalf of himself and all others similarly situated

represented by Michael S. Nunez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Julia Zoog Marks (See above for address)

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 4 of 12

TERMINATED: 09/15/2017

Laurence Wayne Paradis (See above for address) TERMINATED: 08/03/2016

Melissa Riess (See above for address) ATTORNEY TO BE NOTICED

Sidney M. Wolinsky (See above for address) TERMINATED: 01/04/2019

Plaintiff
Robert Schulenburg on behalf of himself and all others similarly situated

represented by Michael S. Nunez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Julia Zoog Marks (See above for address) TERMINATED: 09/15/2017

Laurence Wayne Paradis (See above for address) TERMINATED: 08/03/2016

Melissa Riess (See above for address) ATTORNEY TO BE NOTICED

Sidney M. Wolinsky (See above for address) TERMINATED: 01/04/2019

Plaintiff
Empish Thomas on behalf of herself and others similarly situated

represented by Michael S. Nunez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca Susanne Williford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Julia Zoog Marks (See above for address) TERMINATED: 09/15/2017

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 5 of 12
Laurence Wayne Paradis (See above for address) TERMINATED: 08/03/2016
Melissa Riess (See above for address) ATTORNEY TO BE NOTICED
Sidney M. Wolinsky (See above for address) TERMINATED: 01/04/2019

V. Defendant AMC Entertainment Inc.,
Defendant AMC Entertainment Holdings, Inc.
Defendant American Multi−Cinema, Inc.

represented by Michael Brett Burns Hunton and Williams, LLP 50 California Street Suite 1700 San Francisco, CA 94111 415−975−3700 Fax: 415−975−3701 Email: mbrettburns@hunton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael Brett Burns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael Brett Burns (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/16/2016
02/16/2016 02/16/2016

# Docket Text
1 CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. 12101, et seq., against All Defendants ( Filing fee $ 400, receipt number 0971−10215668.). Filed byRobert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. (Attachments: # 1 Civil Cover Sheet)(Williford, Rebecca) (Filed on 2/16/2016) Modified on 2/17/2016 (aaaS, COURT STAFF). (Entered: 02/16/2016)
2 Proposed Summons. (Williford, Rebecca) (Filed on 2/16/2016) (Entered: 02/16/2016)
3 Case assigned to Magistrate Judge Elizabeth D. Laporte.
Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E−Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.
Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5−1(e)(7). A scheduling order will be sent by Notice of

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 6 of 12

02/16/2016 02/17/2016 03/15/2016 03/15/2016 03/15/2016 05/05/2016 05/27/2016 05/27/2016
05/27/2016 05/31/2016 05/31/2016 05/31/2016

Electronic Filing (NEF) within two business days. by 3/1/2016. (as, COURT STAFF) (Filed on 2/16/2016) (Entered: 02/16/2016)
4 Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. Signed by Magistrate Judge Elizabeth D. Laporte on 2/16/16. (Attachments: # 1 EDL Standing Order, # 2 Standing Order)(aaaS, COURT STAFF) (Filed on 2/16/2016) (Entered: 02/17/2016)
5 Summons Issued as to AMC Entertainment Holdings, Inc., AMC Entertainment Inc., American Multi−Cinema, Inc. (aaaS, COURT STAFF) (Filed on 2/17/2016) (Entered: 02/17/2016)
6 WAIVER OF SERVICE Returned Executed filed by Robert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. Service waived by AMC Entertainment Holdings, Inc. waiver sent on 3/1/2016, answer due 5/2/2016. (Williford, Rebecca) (Filed on 3/15/2016) (Entered: 03/15/2016)
7 WAIVER OF SERVICE Returned Executed filed by Robert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. Service waived by AMC Entertainment Inc., waiver sent on 3/1/2016, answer due 5/2/2016. (Williford, Rebecca) (Filed on 3/15/2016) (Entered: 03/15/2016)
8 WAIVER OF SERVICE Returned Executed filed by Robert Schulenburg, Leah Gardner, Empish Thomas, California Council of the Blind, Scott Blanks, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete. Service waived by American Multi−Cinema, Inc. waiver sent on 3/1/2016, answer due 5/2/2016. (Williford, Rebecca) (Filed on 3/15/2016) (Entered: 03/15/2016)
9 Defendants' ANSWER to 1 Complaint filed by Plaintiffs' byAMC Entertainment Holdings, Inc., AMC Entertainment Inc.,, American Multi−Cinema, Inc.. (Burns, Michael) (Filed on 5/5/2016) Modified on 5/6/2016 (aaaS, COURT STAFF). (Entered: 05/05/2016)
10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AMC Entertainment Inc.,. (Burns, Michael) (Filed on 5/27/2016) Modified on 5/31/2016 (cpS, COURT STAFF). (Entered: 05/27/2016)
11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned.
ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE−NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED.
This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 5/27/2016) (Entered: 05/27/2016)
12 Certificate of Interested Entities by AMC Entertainment Inc., identifying Corporate Parent AMC Entertainment Holdings, Inc. for AMC Entertainment Inc.,. (Burns, Michael) (Filed on 5/27/2016) (Entered: 05/27/2016)
13 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 5/31/16. (sv, COURT STAFF) (Filed on 5/31/2016) (Entered: 05/31/2016)
14 Notice of Need for Mediation by Rebecca Susanne Williford (Williford, Rebecca) (Filed on 5/31/2016) (Entered: 05/31/2016)
15 STIPULATION WITH PROPOSED ORDER Protective Order filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Williford, Rebecca) (Filed on 5/31/2016) (Entered: 05/31/2016)

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 7 of 12

05/31/2016 06/02/2016 06/03/2016 06/03/2016 06/09/2016 06/16/2016 06/24/2016 07/13/2016
07/13/2016
07/15/2016 07/15/2016 08/03/2016 08/09/2016 08/19/2016 08/19/2016

16 CERTIFICATE OF SERVICE by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas Standing Order (Marks, Julia) (Filed on 5/31/2016) (Entered: 05/31/2016)
CASE REFERRED to Mediation 14 . This is a text only docket entry; there is no document associated with this notice. (af, COURT STAFF) (Filed on 6/2/2016) (Entered: 06/02/2016)
17 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Yvonne Gonzalez Rogers on 6/3/16. (fs, COURT STAFF) (Filed on 6/3/2016) (Entered: 06/03/2016)
18 ORDER REFERRING CASE to Mediation. Compliance Hearing set for Friday, 8/19/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 6/3/16. (fs, COURT STAFF) (Filed on 6/3/2016) (Entered: 06/03/2016)
19 ADR Clerk's Notice Appointing Tamara Lange as Mediator. (af, COURT STAFF) (Filed on 6/9/2016) (Entered: 06/09/2016)
20 Pre MED phone conference scheduled on Monday, June 20, 2016, at 1:30 PM. Mediator provided call−in information to parties. (af, COURT STAFF) (Filed on 6/16/2016) (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 06/16/2016)
Set/Reset Hearing Mediation Hearing set for 8/17/2016 10:00 AM., at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 6/24/2016) (Entered: 06/24/2016)
21 STIPULATION WITH PROPOSED ORDER to Extend Time filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Marks, Julia) (Filed on 7/13/2016) Modified on 7/14/2016 (cpS, COURT STAFF). (Entered: 07/13/2016)
22 Declaration of Julia Marks in Support of 21 STIPULATION WITH PROPOSED ORDER to Extend Time filed byScott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Related document(s) 21 ) (Marks, Julia) (Filed on 7/13/2016) (Entered: 07/13/2016)
23 ORDER by Judge Yvonne Gonzalez Rogers granting 21 Stipulation to Extend Time. (fs, COURT STAFF) (Filed on 7/15/2016) (Entered: 07/15/2016)
Set/Reset Hearing re 23 Order on Stipulation Compliance Hearing set 8/19/2016 is CONTINUED to Friday, 8/26/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Joint statement filed 8/19/16. (fs, COURT STAFF) (Filed on 7/15/2016) (Entered: 07/15/2016)
24 NOTICE of Substitution of Counsel by Sidney M. Wolinsky (Wolinsky, Sidney) (Filed on 8/3/2016) (Entered: 08/03/2016)
25 ORDER RE: ATTENDANCE AT MEDIATION. Signed by Magistrate Judge Maria−Elena James on 8/9/2016. (rmm2S, COURT STAFF) (Filed on 8/9/2016) (Entered: 08/09/2016)
26 CERTIFICATION OF MEDIATION Session 8/17/2016, conducted by Mediator, Tamara Lange. Case not settled. Further facilitated discussions are expected, mediation continuing. Mediator will check in with the parties 9/2/2016. (af, COURT STAFF) (Filed on 8/19/2016) (Entered: 08/19/2016)
27 Joint Compliance Report Concerning General Order 56 Mediation filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 8/19/2016) Modified on 8/22/2016 (cpS, COURT STAFF). (Entered: 08/19/2016)

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 8 of 12

08/23/2016

28 CLERK'S NOTICE CONTINUING COMPLIANCE HEARING. The Compliance Hearing set for 8/26/2016 is CONTINUED to 9/16/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Joint filing by 9/9/2016.

08/23/2016 08/24/2016 09/09/2016 09/12/2016
09/13/2016 09/19/2016 09/26/2016
09/30/2016

. (This is a text−only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 8/23/2016) (Entered: 08/23/2016)
29 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/12/2016. Initial Case Management Conference set for Monday, 9/19/2016 02:00 PM before Hon. Judge Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 8/23/2016) (Entered: 08/23/2016)
30 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE DATE. The 9/19/2016 Initial Case Management Conference date is VACATED and RESET for MONDAY, 9/26/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Case Management Statement due by 9/19/2016.
(This is a text−only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 8/24/2016) (Entered: 08/24/2016)
31 Joint Compliance Report Concerning General Order 56 Mediation by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 9/9/2016) Modified on 9/12/2016 (cpS, COURT STAFF). (Entered: 09/09/2016)
32 CLERK'S NOTICE VACATING COMPLIANCE HEARING. The Friday, 9/16/2016 at 9:01 AM Compliance Hearing is VACATED. The parties are reminded that they must file a joint case management conference statement seven days in advance of the case management conference date currently set for September 26, 2016 at 2:00 p.m. The statement must include all elements requested in the "Standing Order for All Judges of the Northern District of California − Contents of Joint Case Management Statement.
(This is a text−only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 9/12/2016) (Entered: 09/12/2016)
33 Certificate of Interested Entities by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas (Williford, Rebecca) (Filed on 9/13/2016) (Entered: 09/13/2016)
34 JOINT CASE MANAGEMENT STATEMENT filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, Tamara Lange, American Multi−Cinema, Inc., AMC Entertainment Inc., AMC Entertainment Holdings, Inc.. (Williford, Rebecca) (Filed on 9/19/2016) Modified on 9/20/2016 (vlkS, COURT STAFF). (Entered: 09/19/2016)
35 Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Initial Case Management Conference held on 9/26/2016. Case Management Statement due by 12/5/2016. Non−Expert Discovery due by 2/28/2017. 5 day Bench Trial set for 9/5/2017 08:30 AM before Hon. Yvonne Gonzalez Rogers. Further Case Management Conference set for 12/12/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Expert Discovery Cutoff is 3/3/17. Dispositive and Daubert Motion Hearing set for 5/2/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Pretrial Conference Statement filed by 8/4/17. Pretrial Conference set for Friday, 8/18/2017 09:00 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Compliance Hearing is set for 7/28/2017 09:01 AM before Hon. Yvonne Gonzalez Rogers. Total Time in Court 23 minutes. Court Reporter Name Raynee Mercado. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 9/26/2016) (Entered: 09/30/2016)
36 CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 9/30/16. (fs, COURT STAFF) (Filed on 9/30/2016) (Entered:

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 9 of 12

11/07/2016 11/29/2016 12/05/2016 12/06/2016 12/08/2016
12/20/2016 12/20/2016 12/22/2016 12/23/2016 12/30/2016 01/03/2017

09/30/2016)
Set/Reset Hearing Mediation Hearing set for 11/22/2016 at 10:00 AM at the Federal Building and Courthouse, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (cmf, COURT STAFF) (Filed on 11/7/2016) (Entered: 11/07/2016)
37 CERTIFICATION OF MEDIATION Session 11/22/2016, conducted by Mediator, Tamara Lange. Case not settled, mediation continuing. Mediator will check in with the parties on 12/19/2016. (af, COURT STAFF) (Filed on 11/29/2016) (Entered: 11/29/2016)
38 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Nunez, Michael) (Filed on 12/5/2016) Modified on 12/6/2016 (cpS, COURT STAFF). (Entered: 12/05/2016)
Set/Reset Hearing Mediation Hearing (further) set for 12/19/2016 11:00 AM., at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 12/6/2016) (Entered: 12/06/2016)
39 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/30/2016. Further Case Management Conference set for 12/12/2016 is CONTINUED to Monday, 1/9/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland.
(This is a text−only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 12/8/2016) (Entered: 12/08/2016)
40 CERTIFICATION OF MEDIATION Session 12/19/2016, conducted by Mediator, Tamara Lange. Case not settled, mediation continuing. Mediator will check in with the parties by 1/4/2017. This is a text only docket entry; there is no document associated with this notice. (af, COURT STAFF) (Filed on 12/20/2016) Modified on 12/20/2016 (af, COURT STAFF). (Entered: 12/20/2016)
Set/Reset Hearing Telephonic Mediation Hearing set for 1/4/2017 03:00 PM. In−person Mediation Hearing set for 1/13/2017 10:00 AM., at the U.S. District Court, in San Francisco. In−person Mediation Hearing set for 1/19/2017 09:30 AM., and will conclude at 3:00 PM, at the U.S. District Court, in San Francisco. (af, COURT STAFF) (Filed on 12/20/2016) (Entered: 12/20/2016)
41 STIPULATION WITH [PROPOSED] ORDER to Extend Deadlines filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc. (Attachments: # 1 Declaration of Michael Nunez In Support of Stipulation)(Nunez, Michael) (Filed on 12/22/2016) Modified on 12/23/2016 (cjlS, COURT STAFF). (Entered: 12/22/2016)
42 ORDER TO EXTEND DEADLINES by Judge Yvonne Gonzalez Rogers granting 41 Stipulation. Close of Expert Discovery due by 3/24/2017. Close of Fact Discovery due by 3/17/2017. Motions due by 2/28/2017. Opening Reports due by 2/24/2017. Rebuttal Reports due by 3/10/2017. Motion Hearing set for 5/16/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers.. (fs, COURT STAFF) (Filed on 12/23/2016) (Entered: 12/23/2016)
43 Updated Joint Case Management Statement filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Holdings, Inc., AMC Entertainment, Inc., American Multi−Cinema, Inc., Tamara Lange . (Nunez, Michael) (Filed on 12/30/2016) Modified on 1/3/2017 (vlkS, COURT STAFF). (Entered: 12/30/2016)
44 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the parties Updated Joint Case Management Conference statement filed on 12/30/16, the Further Case Management Conference set for 1/9/2017 is CONTINUED to Monday, 2/27/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland. Updated Joint Case Management Statement re update re settlement is due by 2/17/2017.

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 10 of 12

01/11/2017 01/19/2017 01/19/2017 01/19/2017 01/23/2017
01/23/2017 01/24/2017 01/25/2017
02/01/2017 02/02/2017 02/17/2017

(This is a text−only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 1/3/2017) (Entered: 01/03/2017)
45 ADR Remark: The in−person Mediation Hearing set for 1/13/2017, at the U.S. District Court, in San Francisco, shall now commence at 11:00 AM. (af, COURT STAFF) (Filed on 1/11/2017) (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 01/11/2017)
46 CERTIFICATION OF MEDIATION Session 1/13/2017 and 1/19/2017, conducted by Mediator, Tamara Lange. Case not settled, mediation continuing. Mediator will check in with the parties by 1/31/2017. (af, COURT STAFF) (Filed on 1/19/2017) (Entered: 01/19/2017)
Set/Reset Hearing Mediation Hearing set for 1/31/2017 09:00 AM, and Mediation Hearing set for 2/3/2017 09:30 AM, at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102 (af, COURT STAFF) (Filed on 1/19/2017) (Entered: 01/19/2017)
47 STIPULATION WITH PROPOSED ORDER To Extend Deadlines filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Attachments: # 1 Declaration)(Williford, Rebecca) (Filed on 1/19/2017) (Entered: 01/19/2017)
48 Order Granting in part and Denying in part 47 Stipulation to extend Court Deadlines. The Court hereby extends deadlines by 14 days only. The parties may request a further 14−day extension if the two mediation days are successful. Parties shall provide the Court forthwith with a revised order identifying the extended dates. Entered by Hon. Yvonne Gonzalez Rogers. (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 01/23/2017)
49 Proposed Order to Extend Deadlines by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas. (Williford, Rebecca) (Filed on 1/23/2017) Modified on 1/24/2017 (cpS, COURT STAFF). (Entered: 01/23/2017)
50 ADR Remark: The Mediation Hearing set for 1/31/2017, shall now commence at 10:00 AM and not 9:00 AM, at 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 1/24/2017) (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 01/24/2017)
51 ORDER TO EXTEND DEADLINES re 49 Proposed Order, filed by Leah Gardner, Charles Nabarrete, Scott Blanks, Robert Schulenburg, Empish Thomas, Lighthouse for the Blind and Visually Impaired, California Council of the Blind. Expert Reports by 3/10/17. Plaintiffs Class Certification Motion filed by 3/14/17. Close of Expert Discovery due by 4/7/2017. Close of Fact Discovery due by 3/31/2017. Daubert and Dispositive Motion heard by 5/30/2017. Motions due by 3/14/2017. Rebuttal Reports due by 3/24/2017. Motion Hearing set for 5/30/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/25/17.(fs, COURT STAFF) (Filed on 1/25/2017) (Entered: 01/25/2017)
52 CERTIFICATION OF MEDIATION Session 1/31/2017, conducted by Mediator, Tamara Lange. Case not settled. Mediation continuing, a further mediation session is scheduled on 2/3/2017, at 9:30 AM. (af, COURT STAFF) (Filed on 2/1/2017) (Entered: 02/01/2017)
53 ADR Remark: The Mediation Hearing set for 2/2/2017 at 10:00 AM is now off calendar . (ewh, COURT STAFF) (Filed on 2/2/2017) (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 02/02/2017)
54 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 11 of 12

02/23/2017 02/24/2017 02/27/2017 03/31/2017 04/03/2017 04/14/2017 04/18/2017
04/21/2017 04/27/2017 04/27/2017 09/15/2017

Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 2/17/2017) Modified on 2/21/2017 (cpS, COURT STAFF). (Entered: 02/17/2017)
55 CERTIFICATION OF MEDIATION Session 1/31/17 and telephonic thereafter, conducted by Mediator, Tamara Lange. Case settled, mediation complete. (af, COURT STAFF) (Filed on 2/23/2017) (Entered: 02/23/2017)
56 STIPULATION WITH PROPOSED ORDER to Extend Deadlines filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Attachments: # 1 Declaration)(Marks, Julia) (Filed on 2/24/2017) Modified on 2/27/2017 (cpS, COURT STAFF). (Entered: 02/24/2017)
57 Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Further Case Management Conference held on 2/27/2017. Compliance hearing re dismissal is set for Friday, 4/7/2017 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint statement or dismissal filed by 3/31/17.Total Time in Court 3 minutes. Court Reporter Name Raynee Mercado. (fs, COURT STAFF) (Date Filed: 2/27/2017) (Entered: 03/06/2017)
58 JOINT STATEMENT Concerning Status of Settlement by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc. (Williford, Rebecca) (Filed on 3/31/2017) Modified on 4/3/2017 (cpS, COURT STAFF). (Entered: 03/31/2017)
59 CLERK'S NOTICE continuing the compliance hearing set Friday, April 7, 2017 TO Friday, April 21, 2017 at 9:01 a.m.. (This is a text−only entry generated by the court. There is no document associated with this entry.) Compliance hearing is set for 4/21/2017 09:01 AM before Hon. Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 4/3/2017) Modified on 4/18/2017 (fs, COURT STAFF). (Entered: 04/03/2017)
60 Joint Statement Concerning Status Of Settlement by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc., et al. (Williford, Rebecca) (Filed on 4/14/2017) Modified on 4/17/2017 (cpS, COURT STAFF). (Entered: 04/14/2017)
61 CLERK'S NOTICE CONTINUING COMPLIANCE HEARING. Compliance hearing set for Friday, 4/21/2017 is CONTINUED to Friday, 4/28/2017 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Joint Updated Statement or Stipulation of Dismissal to be filed by 4/21/2017.
(This is a text−only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 4/18/2017) (Entered: 04/18/2017)
62 JOINT STATEMENT CONCERNING STATUS OF SETTLEMENT by Scott Blanks, California Council of the Blind, Leah Gardner, Tamara Lange, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas, AMC Entertainment Inc, et al. (Nunez, Michael) (Filed on 4/21/2017) Modified on 4/24/2017 (cpS, COURT STAFF). (Entered: 04/21/2017)
63 STIPULATION WITH PROPOSED ORDER of Dismissal of Case filed by Scott Blanks, California Council of the Blind, Leah Gardner, Lighthouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, Empish Thomas., AMC Entertainment Inc, et al (Attachments: # 1 Proposed Order Proposed Order Granting Stipulated Request to Dismiss Case)(Nunez, Michael) (Filed on 4/27/2017) Modified on 4/28/2017 (cpS, COURT STAFF). (Entered: 04/27/2017)
64 ORDER by Judge Yvonne Gonzalez Rogers granting 63 Stipulation of Dismissal of Case. The Friday, 4/28/17 at 9:01 AM Compliance Hearing is VACATED. (fs, COURT STAFF) (Filed on 4/27/2017) (Entered: 04/27/2017)
65 NOTICE of Substitution of Counsel by Melissa Riess (Riess, Melissa) (Filed on 9/15/2017) (Entered: 09/15/2017)

Case: 4:16-cv-00765-YGR As of: 01/29/2019 01:13 PM PST 12 of 12

10/16/2018 10/17/2018
01/04/2019

66 NOTICE of Change of Address by Michael S. Nunez (Nunez, Michael) (Filed on 10/16/2018) (Entered: 10/16/2018)
Electronic filing error. REMINDER: Counsel must update personal profile for change of contact information to be in effect. Re: 66 Notice of Change of Address filed by Le ah Gardner, Charles Nabarrete, Scott Blanks, Robert Schulenburg, Empish Thomas, Lighthouse for the Blind and Visually Impaired, California Council of the Blind (jjbS, COURT STAFF) (Filed on 10/17/2018) (Entered: 10/17/2018)
67 NOTICE of Change In Counsel by Sidney M. Wolinsky (Wolinsky, Sidney) (Filed on 1/4/2019) (Entered: 01/04/2019)

 
 Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 1 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 LAURENCE PARADIS (CA BAR NO. 122336) (lparadis@dralegal.org) REBECCA WILLIFORD (CA BAR NO. 269977) (rwilliford@dralegal.org)
2 JULIA MARKS (CA BAR NO. 300544) (jmarks@dralegal.org) Disability Rights Advocates
3 2001 Center Street, Fourth Floor Berkeley, California 94704-1204
4 Phone: (510) 665-8644 Fax: (510) 665-8511
5 ERNEST GALVAN (CA BAR NO. 196065) (egalvan@rbgg.com)
6 MICHAEL NUNEZ (CA BAR NO. 280535) (mnunez@rbgg.com) Rosen Bien Galvan & Grunfeld LLP
7 50 Fremont Street, 19th Floor San Francisco, CA 94105
8 Phone: (415) 433-6830 Fax: (415) 433-7104
9 Attorneys for Plaintiffs
10 UNITED STATES DISTRICT COURT
11 NORTHERN DISTRICT OF CALIFORNIA
12

13 SCOTT BLANKS, on behalf of himself and

14

all others similarly situated, CALIFORNIA COUNCIL OF THE BLIND, on behalf of its

15

members and all others similarly situated, LEAH GARDNER, on behalf of herself and

16

all others similarly situated, LIGHTHOUSE FOR THE BLIND AND VISUALLY

17

IMPAIRED, CHARLES NABARRETE, on behalf of himself and all others similarly

18

situated, ROBERT SCHULENBURG, on behalf of himself and all others similarly

19

situated, and EMPISH THOMAS, on behalf of herself and others similarly situated,

20

Plaintiffs,

21 v.

22 AMC ENTERTAINMENT INC., AMC

23

ENTERTAINMENT HOLDINGS, INC., and AMERICAN MULTI-CINEMA, INC.,

24

Defendants.

25

CLASS ACTION
COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. §§ 12101, et seq.

26

27

28

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 2 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

INTRODUCTION

2

1. This class action seeks to end the systemic civil rights violations committed by

3 Defendants AMC Entertainment Inc. (“AMC Entertainment”), AMC Entertainment Holdings,

4 Inc. (“AMC Holdings”), and American Multi-Cinema, Inc. (“American Multi-Cinema”)

5 (collectively, “AMC”) against blind and visually-impaired individuals in California and across

6 the United States. AMC is denying blind and visually-impaired individuals throughout the

7 United States equal access to the services it offers in its movie theaters.

8

2. Many individuals who are blind or visually-impaired enjoy watching films in

9 theaters and engaging in this classic part of American cultural life. Audio description technology

10 is essential to the movie-going experience of blind individuals, so that they will know what is

11 happening in scenes without dialogue or scenes that include significant visual elements.

12

3. To use audio description at the movies, a blind individual wears a headset and

13 listens to an audio description track that contains narration of the visual elements of the film that

14 is synchronized with the movie. Movie studios create the audio description tracks and provide

15 them to AMC and other theaters. Without audio description, blind individuals watching a movie

16 do not know what is happening in scenes without dialogue and may misunderstand the meaning

17 of other scenes. Thus, audio description is essential for blind viewers to understand movies.

18

4. AMC exhibits movies in its theaters, providing movie-going experiences to

19 millions of individuals each year, but fails to make its services accessible to blind individuals by

20 providing the correct, functioning audio description equipment. Although AMC claims to

21 provide audio description services for blind patrons at many of its theaters, effective audio

22 description services are seldom available. AMC fails to adequately maintain the equipment for

23 playing audio description, fails to adequately train its staff on maintenance, set-up, and use of the

24 equipment, and fails to adequately keep equipment charged and properly programmed.

25 Plaintiffs’ counsel have received reports of over 50 instances in which blind and low vision

26 persons have experienced difficulty and/or been unable to use the audio description technology

27 at AMC theaters due to Defendants’ failure to maintain and train staff on use of the equipment.

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

1

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 3 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

5. Through its failure to provide and maintain functional audio description

2 technology and services, AMC is excluding blind individuals from full and equal access to its

3 services in theaters across the country where AMC offers audio description.

4

6. Over twenty-five years ago, Congress provided a clear and national mandate for

5 the elimination of discrimination against individuals with disabilities when it enacted the

6 Americans with Disabilities Act. Such discrimination includes barriers to full integration,

7 independent living, and equal opportunity for persons with disabilities, including those barriers

8 that deny blind persons the accommodations, advantages, facilities, privileges and services of

9 places of public accommodation, such as movie theaters.

10

7. Plaintiffs notified AMC of these barriers and attempted to resolve this matter

11 without a lawsuit. However, AMC failed to remedy the ongoing discriminatory practices.

12

JURISDICTION

13

8. This Court has subject matter jurisdiction of this action pursuant to 28 U.S.C. §

14 1331 and 42 U.S.C. § 12188, for Plaintiffs’ claims arising under the Americans with Disabilities

15 Act, 42 U.S.C. §§ 12101, et seq. (“ADA”).

16

VENUE

17

9. Venue is proper in the Northern District of California pursuant to 28 U.S.C. §§

18 1391(b)-(c).

19

10. Defendants AMC Entertainment, American Multi-Cinema, and AMC Holdings

20 are registered to do business in California and do business in the Northern District of California.

21 Defendants own and operate movie theaters throughout California, including at least 10 movie

22 theaters in the Northern District of California.

23

11. Defendants are subject to personal jurisdiction in the Northern District of

24 California. Defendants have been and are committing a substantial part of the acts alleged herein

25 in the Northern District of California, have been and are violating the rights of consumers with

26 disabilities in the Northern District of California, and have been and are causing injury to

27 consumers with disabilities in the Northern District of California.

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

2

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 4 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

12. Plaintiff California Council of the Blind has many members who reside in the

2 Northern District of California. Plaintiff LightHouse for the Blind and Visually Impaired is based

3 in and operates in the Northern District of California. In addition, Plaintiffs Lighthouse for the

4 Blind and Visually Impaired, Scott Blanks, Leah Gardner, and Robert Schulenburg have

5 experienced the injuries that are the basis of this action in the Northern District of California.

6

PARTIES

7

13. Plaintiff Scott Blanks is blind and currently resides in Oakland, California. Mr.

8 Blanks works as Senior Director, Programs at the San Francisco LightHouse for the Blind and

9 Visually Impaired. AMC has denied Mr. Blanks the full use and enjoyment of the facilities,

10 goods, and services of AMC theaters in San Francisco and Emeryville, California.

11

14. Plaintiff Leah Gardner is blind and is a member of the California Council of the

12 Blind. She currently resides in Oakland, California. Ms. Gardner is an adaptive technology

13 specialist at the East Bay Center for the Blind in Berkeley. AMC has denied Ms. Gardner the full

14 use and enjoyment of the facilities, goods, and services of an AMC theater in Emeryville,

15 California.

16

15. Plaintiff Charles Nabarrete is blind and is a member of the California Council of

17 the Blind. Mr. Nabarrete resides in West Covina, California. Mr. Nabarrete is a retired

18 administrative law judge. AMC has denied Mr. Nabarrete the full use and enjoyment of the

19 facilities, goods, and services of AMC theaters in Arcadia and Covina, California.

20

16. Plaintiff Robert Schulenburg is blind and currently resides in Sacramento,

21 California. Mr. Schulenburg is the assistant director of transition services at Junior Blind of

22 America. AMC has denied Mr. Schulenburg the full use and enjoyment of the facilities, goods,

23 and services of AMC theaters in San Jose, Campbell, and Manteca, California.

24

17. Plaintiff Empish Thomas is blind and currently resides in Lithonia, Georgia. Ms.

25 Thomas works in public relations and marketing at a local nonprofit in Atlanta, Georgia. AMC

26 has denied Ms. Thomas the full use and enjoyment of the facilities, goods, and services of AMC

27 theaters throughout Georgia, in Lithonia, Decatur, and Atlanta.

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

3

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 5 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

18. Plaintiff California Council of the Blind (“CCB”) is a nonprofit corporation and

2 an association of blind Californians. It is the California state affiliate of the American Council of

3 the Blind. CCB’s mission is to increase the independence, security, equality of opportunity, and

4 quality of life for all Californians who are blind or visually-impaired. CCB seeks to ensure that

5 culture, laws, programs, and attitudes are inclusive of persons who are blind or visually-

6 impaired. Access to fundamental American cultural activities, such as movie-going, is critical to

7 CCB and its members. Securing access to AMC services advances CCB’s goal to promote

8 integration of the blind into society on a basis of equality by enabling blind individuals to enjoy

9 movies, engage with popular culture, and go to the theater with friends and family, in the same

10 way that many sighted individuals do. CCB is a membership organization, and AMC has failed

11 to provide functional audio description services to members of CCB. CCB sues on behalf of its

12 members who have been denied audio description by AMC.

13

19. Plaintiff LightHouse for the Blind and Visually Impaired (“the LightHouse”) is a

14 nonprofit corporation and is one of California’s oldest organizations serving the blind and

15 visually-impaired community. The LightHouse is dedicated to aiding blind and visually-impaired

16 individuals in leading productive, enriching, and independent lives. To further its mission, the

17 LightHouse offers members of the blind and visually-impaired community training in blindness

18 skills so that they can independently engage in a variety of activities. In addition, the

19 LightHouse organizes trips to movie theaters to offer cultural enrichment activities to blind

20 persons and to educate the blind community about audio description. Ensuring access to AMC

21 services advances the LightHouse’s mission to aid blind and visually-impaired individuals in

22 leading productive and independent lives, by allowing them to more fully, and independently,

23 enjoy movies and engage in popular culture. Discrimination against blind individuals frustrates

24 this mission of the LightHouse and results in the LightHouse diverting resources to address

25 Defendants’ discriminatory practices. For example, on February 7, 2015, James Gump,

26 Lighthouse Youth Services Coordinator, organized a trip for blind students to the AMC Metreon

27 Theater in San Francisco to watch The Spongebob Movie: Sponge Out of Water. One of the

28 students was denied access to audio description because AMC staff provided the student with an

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

4

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 6 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 audio description device that was not functioning. Because audio description is not consistently

2 available at AMC theaters and other theaters, the LightHouse has diverted staff time and other

3 resources to collaborate with other companies to seek out other ways to expand the availability

4 of audio description for blind moviegoers. The LightHouse sues on behalf of itself and in

5 furtherance of its extensive efforts and expenditure of resources in promoting its mission of

6 strengthening the independence of blind and visually-impaired persons in all aspects of their

7 lives.

8

20. Defendant AMC Entertainment Inc., a for-profit corporation, through its direct

9 and indirect subsidiaries, owns and operates movie theaters. AMC Entertainment owns and/or

10 operates approximately 344 movie theaters, with 4,943 screens, in thirty-three states and the

11 District of Columbia, including forty-six theaters, with 673 screens, in California. Plaintiffs seek

12 full and equal access to the goods and services provided by AMC Entertainment through its

13 AMC theaters.

14

21. Defendant AMC Entertainment Holdings, Inc., a for-profit corporation, is the

15 parent company of AMC Entertainment. AMC Holdings owns and operates movie theaters

16 throughout the United States and California, through its subsidiary AMC Entertainment and

17 indirect subsidiaries. Plaintiffs seek full and equal access to the goods and services provided by

18 AMC Holdings through its AMC theaters.

19

22. Defendant American Multi-Cinema, Inc., a for-profit corporation, is a subsidiary

20 of AMC Entertainment. American Multi-Cinema owns and operates movie theaters throughout

21 the United States and California. Plaintiffs seek full and equal access to the goods and services

22 provided by American Multi-Cinema through its AMC theaters.

23

CLASS ACTION ALLEGATIONS

24

23. Plaintiffs bring this case as a class action pursuant to Fed. R. Civ. P. 23(b)(2), and

25 alternatively, (b)(3), on behalf of all blind individuals and individuals with a visual impairment

26 that substantially limits the major life activity of seeing, in the United States, who have

27 attempted to use audio description at an AMC theater.

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

5

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 7 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

24. The persons in the class are so numerous that joinder of all such persons is

2 impractical and the disposition of their claims in a class action is a benefit to the parties and to

3 the Court.

4

25. There are common questions of law and fact involved affecting the parties to be

5 represented in that they all have been and/or are being denied their civil rights to full and equal

6 access to, and use and enjoyment of, AMC’s goods, facilities, and services due to the lack of

7 provision and maintenance of audio description required by law for persons with disabilities.

8

26. The claims of the named Plaintiffs are typical of those of the class.

9

27. Plaintiffs will fairly and adequately represent and protect the interests of the

10 members of the Class. Plaintiffs have retained and are represented by counsel competent and

11 experienced in complex class action litigation, including class actions brought under the

12 Americans with Disabilities Act.

13

28. Class certification of the claims is appropriate pursuant to Fed. R. Civ P. 23(b)(2)

14 because Defendants have acted or refused to act on grounds generally applicable to the Class,

15 making appropriate both declaratory and injunctive relief with respect to Plaintiffs and the Class

16 as a whole.

17

29. Alternatively, class certification is appropriate under Fed. R. Civ. P. 23(b)(3)

18 because questions of law and fact common to Class members predominate over questions

19 affecting only individual class members, and because a class action is superior to other available

20 methods for the fair and efficient adjudication of this litigation.

21

30. References to Plaintiffs shall be deemed to include the named Plaintiffs and each

22 member of the Class, unless otherwise indicated.

23

FACTUAL ALLEGATIONS

24

31. AMC provides movie-going entertainment to thousands of Americans each day.

25 AMC owns and operates a massive chain of over 300 AMC movie theaters. AMC serves

26 approximately 200 million guests each year in its movie theaters, operates six of the top ten

27 highest grossing theaters in the United States, and has the number one market share in the top

28 three markets for theater-going.

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

6

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 8 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

32. Despite this strong record of providing entertainment to millions of Americans,

2 AMC fails to provide equivalent services to individuals who are blind or visually-impaired.

3

33. The primary service that AMC offers to the general public in its theaters is

4 playing movies. In order to make movies accessible to individuals who are blind and to provide

5 its customers an experience comparable to that of sighted patrons, AMC supposedly offers audio

6 description at many of its theaters. However, AMC rarely provides appropriate, functioning

7 audio description devices to blind customers. Instead, AMC routinely provides the wrong

8 technology when customers request audio description devices, or audio description devices that

9 are non-functioning or so malfunctioning that they are useless to blind customers.

10

34. Properly functioning audio description technology provides an audio track

11 containing descriptions of the visual elements of the film and is synchronized with the film’s

12 audio track. Most major film studios release wide-release movies with audio description tracks.

13 Audio description tracks are available for most wide-release films that AMC Theaters exhibit.

14

35. Theaters deliver audio description tracks to blind customers through audio

15 description devices. To access audio description, a theater provides a blind customer with a small

16 receiver, which the blind customer can connect to his or her own headphones or headphones that

17 the theater provides. The headset receiver is battery-operated and programmed to wirelessly

18 receive the audio track for the specific movie the individual has bought a ticket to watch.

19

36. Although many AMC theaters have the technology to provide audio description

20 tracks to customers, Plaintiffs have repeatedly found that the devices are unavailable, improperly

21 charged, programmed to play audio description for the wrong movie, and otherwise

22 malfunctioning.

23

37. When blind customers ask for an audio description device at AMC theaters, staff

24 frequently do not provide the correct equipment. AMC staff members often give blind patrons

25 the wrong device – instead of giving a blind person an audio description device, they give a blind

26 person a device that assists people who are hard of hearing. If a blind customer gets the correct

27 device at all, it is usually because AMC staff sought assistance from management, which takes

28 additional time, often causing the blind patron to be late to the movie they have come to the

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

7

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 9 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 theater to watch. In some instances, AMC staff give blind customers an audio description device

2 that is programmed to provide audio description for the wrong movie. When this problem

3 happens, a blind customer must decide whether to leave the movie auditorium to seek out staff

4 assistance, or sit and watch the movie without audio description, missing significant aspects of

5 the movie that are not apparent from the dialogue.

6

38. AMC compounds these problems for blind customers by not maintaining its audio

7 description equipment. AMC often gives blind customers audio description devices with dead

8 batteries, which are therefore useless. AMC has also given customers audio description devices

9 with such poor sound quality that individuals miss out on parts of the movie because they can

10 only hear some of the audio description track.

11

39. This case arises out of AMC’s policy and practice of denying blind and visually-

12 impaired individuals access to its movie showings, through its failures to provide and properly

13 maintain functioning audio description devices.

14

40. Numerous individuals who are blind or visually-impaired enjoy going to movie

15 theaters, and have attempted to access AMC’s services with the assistance of audio description.

16 These individuals have repeatedly been unable to fully and equally enjoy movies in AMC

17 theaters with audio description because AMC fails to provide, maintain, and operate audio

18 description devices. These failures deny these individuals full and equal access to AMC’s

19 primary service—playing films for the public to enjoy.

20

41. Plaintiff Scott Blanks has encountered great difficulty accessing audio description

21 at AMC theaters. Mr. Blanks goes to see movies at the theater every couple of months. He visits

22 AMC Bay Street in Emeryville, AMC Van Ness, or AMC Metreon in San Francisco.

23

42. Most recently, on or around November 27, 2015, Mr. Blanks went to see The

24 Good Dinosaur at AMC Bay Street with his wife and twin three-year-old sons. AMC staff did

25 not provide him with a properly functioning audio device. AMC staff gave Mr. Blanks an audio

26 description device that was programmed for The Good Dinosaur, but the device only worked for

27 about the first ten minutes of the movie. After that, the audio started to cut out intermittently, for

28 about fifteen seconds at a time. After thirty minutes of the audio cutting out intermittently, the

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

8

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 10 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 device stopped playing audio altogether. From that point on, Mr. Blanks had no access to audio

2 description for the movie he and his family had come to watch together. Mr. Blanks was

3 particularly disappointed because this was the first family outing to the movies with his young

4 sighted sons, and AMC’s failures put a damper on what should have been an enjoyable and

5 significant family event.

6

43. In addition, on or around June 19, 2015, Mr. Blanks went to see Inside Out at

7 AMC Bay Street. Again, AMC staff did not provide him with a properly functioning audio

8 description device. The audio description device that AMC staff provided to Mr. Blanks did not

9 work when the movie began. Again, Mr. Blanks had to choose between leaving the theater and

10 missing part of the movie, or going without audio description. Rather than missing the first part

11 of the movie to go ask staff once again for a functioning device, Mr. Blanks again gave up and

12 sat through the film without audio description, which meant that he missed critical scenes and

13 could not fully enjoy the film.

14

44. On or about June 12, 2014, Mr. Blanks went to AMC Bay Street to watch The

15 Fault in Our Stars. An AMC staff member provided Mr. Blanks with the wrong technology,

16 giving him an assistive listening device for people with hearing impairments instead of an audio

17 description device for blind individuals. Mr. Blanks had to explain this mistake to AMC staff,

18 and they gave him an audio description device. However, when the movie started, it did not play

19 any audio. Rather than missing the first part of the movie to go ask staff once again for a

20 functioning device, Mr. Blanks gave up and sat through the film without audio description,

21 which meant that he missed many critical scenes and could not fully enjoy the film. On other

22 occasions, AMC provided an audio description device to Mr. Blanks, but the device did not work

23 because the batteries are not charged and AMC was unable to provide replacement batteries.

24

45. Because of the foregoing malfunctions and failures by AMC employees, Mr.

25 Blanks has missed portions of movies, or watched movies without audio description. Mr. Blanks

26 now often chooses to attend other theaters rather than AMC, because he knows that he is more

27 likely to get functional audio description equipment from other theaters.

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

9

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 11 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

46. AMC has also denied Plaintiff Leah Gardner audio description services at AMC

2 theaters. Ms. Gardner enjoys seeing films in the theater and goes to AMC theaters once every

3 few months. In February of 2015, Ms. Gardner went to the AMC Bay Street theater in

4 Emeryville, California to see The Imitation Game. She asked AMC staff for an audio description

5 device for the film. AMC staff provided her with numerous audio description receivers that did

6 not work at all. Finally, AMC staff provided Ms. Gardner with a receiver that did work, but

7 when the movie started, Ms. Gardner discovered that the device was programmed for the wrong

8 movie. Instead of providing Ms. Gardner with audio description for The Imitation Game, AMC

9 provided her with audio description for Fifty Shades of Grey. Thus, she was unable to fully enjoy

10 the movie that she had paid to see.

11

47. AMC has also denied Plaintiff Charles Nabarrete audio description services at

12 AMC theaters on multiple occasions. Most recently, on January 17, 2016, Mr. Nabarrete tried to

13 enjoy Star Wars with his son and wife at the Covina AMC. Although the Covina theater

14 advertises the availability of audio description, when Mr. Nabarrete arrived at the Covina AMC

15 with his family and requested an audio description device, staff told him that audio description

16 was not available. The staff explained that the theater’s audio description system was

17 malfunctioning. Disappointed, Mr. Nabarrette and his family did not see Star Wars that day, and

18 had to travel to a more-distant theater the next day to finally enjoy the movie together.

19

48. In late 2013, Mr. Nabarrete went to see Gravity and The Hobbit: The Desolation

20 of Smaug, at the AMC theater in Arcadia. Each time, Mr. Nabarrete called the theater in advance

21 to ensure that audio description would be available and AMC staff assured him that it would be

22 available. However, both times, the devices failed to work.

23

49. Mr. Nabarrete has obtained audio description in other circumstances only after

24 educating uninformed AMC employees about AMC’s audio description equipment and seeking

25 the assistance of supervisors.

26

50. AMC has also denied Plaintiff Robert Schulenburg audio description services at

27 AMC theaters on multiple occasions. Mr. Schulenburg has encountered problems accessing

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

10

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 12 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 audio description services at AMC theaters in San Jose, Campbell, and Manteca, California on

2 several occasions.

3

51. Most recently, Mr. Schulenburg went to see The Good Dinosaur at the AMC

4 theater in Manteca, California on January 21, 2016. When Mr. Schulenburg requested audio

5 description, the staff provided him with two receiver units and one headset, because they

6 anticipated that one of the receiver units might not function. Once the movie started, he had to

7 switch the headphones back and forth between the receivers to determine which one was giving

8 him a functioning signal. This distracted him and caused him to miss out on the beginning of the

9 movie. Mr. Schulenburg settled upon a receiver that seemed to be working, but about fifteen

10 minutes into the movie, he realized that it had poor sound control. When Mr. Schulenburg

11 increased volume, which was necessary to hear the descriptive track, he experienced significant

12 distortion and the signal cut in and out. Mr. Schulenburg left the theater to get a new set of

13 equipment, missing another portion of the film. When he returned to the theater, the new receiver

14 provided somewhat better sound quality but there was still distortion when he raised the volume.

15 As a result, there were parts of the movie when Mr. Schulenburg could not hear the audio

16 description track.

17

52. On or about June 15, 2013, Mr. Schulenburg visited the AMC Saratoga 14 to

18 watch Epic. Mr. Schulenburg requested an audio description device for the movie, but theater

19 staff were unable to properly configure the audio description device for him. AMC also failed to

20 provide Mr. Schulenburg with functional audio description equipment at a screening of Now You

21 See Me in June of 2013. After these incidents, Mr. Schulenburg primarily visited other movie

22 theaters, since AMC audio description malfunctioned so routinely.

23

53. AMC has also denied Plaintiff Empish Thomas audio description services at

24 AMC theaters on multiple occasions. Ms. Thomas typically goes to the movies one to two times

25 each month. On January 3, 2016, Ms. Thomas went to see Concussion at the AMC Stonecrest 16

26 Theatre in Lithonia. AMC staff provided her with three different audio description devices, but

27 none of them worked properly. Each time she tried a new audio description device, her sighted

28 boyfriend who was sitting beside her in the theater left the movie to ask AMC staff for a

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

11

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 13 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 functioning device. When the third device did not work, Ms. Thomas gave up on trying to get

2 functioning audio description for the movie. As a result, Ms. Thomas was unable to fully enjoy

3 the film.

4

54. On November 23, 2015, Ms. Thomas went to see The 33 at the AMC Stonecrest

5 16 Theatre in Lithonia. When the movie started, the audio description device that AMC staff

6 provided to her did not work. Ms. Thomas navigated her way out of the auditorium to ask AMC

7 staff to provide a functioning device. AMC staff eventually provided Ms. Thomas with a

8 functioning audio description device, but she had to miss a portion of the movie to resolve the

9 problem. Ms. Thomas has also encountered difficulty accessing audio description at the AMC

10 Dine-in Theatres Buckhead 6 in Atlanta and AMC North DeKalb Mall 16 in Decatur.

11

55. AMC has denied Ardis Bazyn, a member of CCB, full and equal access to AMC

12 theaters’ services. AMC failed to provide Ms. Bazyn with audio description in January of 2015

13 when she went with her husband to see The Imitation Game at the Burbank 16 theater in

14 Burbank, California. Ms. Bazyn asked an AMC staff member for an audio description device but

15 the staff member did not know what audio description was and gave Ms. Bazyn an assistive

16 listening device. Because Ms. Bazyn was not familiar with the physical design of the two

17 different devices, she did not realize this until she had entered the theater and the movie had

18 started. Ms. Bazyn did not want her husband to miss part of the film to return to customer service

19 and fix AMC’s error. Instead, Ms. Bazyn had to watch the film without audio description. When

20 she alerted a customer service employee of the issue after the film, the employee did not

21 understand that the audio description and assistive listening devices were different, and insisted

22 that there was no problem.

23

56. In addition, many other blind individuals have been entirely unable to access or

24 have encountered difficulty accessing audio description at AMC theaters because AMC fails to

25 properly maintain its audio description equipment and to adequately train its staff on use of that

26 equipment. Other blind individuals in California who have encountered these problems include

27 Mark Hanohano, Michael Pedersen, Mark Grossman, and Ryan Dour. Blind individuals have

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

12

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 14 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1 encountered these problems at AMC theaters outside of California, including Sharon Dudley in

2 Maryland, Martin Kuhn in Pennsylvania, and Bob Jacob in Missouri.

3

57. The repeated denial of effective audio description equipment and services at

4 AMC theatres has deterred and will continue to deter blind and visually impaired people from

5 attending movies at such theatres as often as they otherwise would like to attend such movies.

6

58. AMC is violating basic equal access requirements under the ADA by failing to

7 provide functioning audio description. AMC has failed to implement policies and procedures to

8 ensure that its audio description devices are charged and maintained, that its staff are trained, and

9 that devices are correctly programmed.

10

FIRST CAUSE OF ACTION

11 Violation of Title III of the Americans with Disabilities Act (42 U.S.C. § 12181, et seq.)

12

(on Behalf of the Named Plaintiffs and the Class)

13

59. Plaintiffs incorporate by reference the foregoing allegations as though fully set

14 forth herein.

15

60. Title III of the ADA prohibits discrimination on the basis of disability in the full

16 and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations

17 of places of public accommodation. 42 U.S.C. § 12182.

18

61. Defendants own or operate AMC movie theaters, which are places of public

19 accommodation within the statutory definition. 42 U.S.C. § 12181(7)(C).

20

62. Title III prohibits entities that own, operate, lease, or lease to places of public

21 accommodation from denying an individual or class of individuals with disabilities the

22 opportunity to participate or benefit from the goods, services, facilities, privileges, advantages, or

23 accommodations of an entity. 42 U.S.C. § 12182(b)(1)(A)(i); 28 C.F.R. § 36.202(a).

24

63. Title III prohibits entities that own, operate, lease, or lease to places of public

25 accommodation from affording an individual or class of individuals with disabilities the

26 opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or

27 accommodation that is not equal to that afforded to other individuals. 42 U.S.C. §

28 12182(b)(1)(A)(ii); 28 C.F.R. § 36.202(b).

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

13

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 15 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

64. By failing to provide and maintain a functional audio description system, AMC is

2 excluding Plaintiffs from participating in and benefiting from the goods, services, facilities,

3 privileges, advantages, and accommodations of its movie theaters, in violation of Title III. AMC

4 further violates Title III because it is providing Plaintiffs with a movie-going experience that is

5 not equal to that afforded to other individuals when its audio description devices malfunction and

6 when staff fail to properly configure the devices.

7

65. Under Title III, entities that own, operate, lease, or lease to places of public

8 accommodation must take the steps necessary to ensure that no individuals with disabilities are

9 excluded, denied services, or otherwise treated differently than others because of the absence of

10 auxiliary aids and services, unless doing so would fundamentally alter the services provided or

11 create an undue burden. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.

12

66. Audio description is an auxiliary aid under Title III of the ADA. AMC has

13 further violated Title III by failing to take the steps necessary to ensure that blind and visually-

14 impaired persons are not excluded from its movie-showing services because of the absence of

15 audio description.

16

67. Additionally, public accommodations must maintain in operable working

17 condition those features of equipment that are required to be readily accessible to and usable by

18 persons with disabilities. 28 C.F.R. § 36.211.

19

68. Although AMC has the necessary equipment to provide an accessible movie-

20 going experience to blind patrons, it fails to maintain this equipment in operable working

21 condition, in violation of Title III.

22

69. It is a violation of Title III for entities that own, operate, lease, or lease to places

23 of public accommodation to fail to make reasonable modifications in policies, practices, or

24 procedures when such modifications are necessary to afford such goods, services, facilities,

25 privileges, advantages, or accommodations to individuals with disabilities, unless the

26 modification would fundamentally alter the nature of such goods, services, facilities, privileges,

27 advantages, or accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302(a).

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

14

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 16 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

70. By failing to modify practices, policies, and procedures to ensure that audio

2 description equipment is maintained and fully functional and that employees know how to set up

3 equipment and monitor audio description equipment, AMC is violating Title III.

4

71. The actions of Defendants were and are in violation of the Americans with

5 Disabilities Act, 42 U.S.C. §§ 12181, et seq., and regulations promulgated thereunder. Many

6 blind and visually-impaired individuals, including named Plaintiffs Blanks, Gardner, Nabarrete,

7 Thomas, and Schulenburg, have been and continue to be denied full and equal access to AMC’s

8 movie theater services. Defendants have failed to take the necessary steps to provide full and

9 equal access to blind and visually-impaired patrons, and Defendants’ violations of the ADA are

10 ongoing. Unless the Court enjoins Defendants from continuing to engage in these unlawful

11 practices, Plaintiffs will continue to suffer irreparable harm.

12

72. Plaintiffs are entitled to injunctive relief. 42 U.S.C. § 12188.

13 WHEREFORE, Plaintiffs pray for relief as set forth below.

14

SECOND CAUSE OF ACTION

15

Declaratory Relief

16

(on Behalf of The Named Plaintiffs and the Class)

17

73. Plaintiffs incorporate by reference the foregoing allegations as if set forth fully

18 herein.

19

74. An actual controversy has arisen and now exists between the parties in that

20 Plaintiffs contend, and are informed and believe that Defendants deny, that by failing to maintain

21 and provide audio description equipment and services, Defendants fail to comply with applicable

22 laws, including but not limited to Title III of the Americans with Disabilities Act, 42 U.S.C. §§

23 12181, et seq.

24

75. A judicial declaration is necessary and appropriate at this time in order that each

25 of the parties may know their respective rights and duties and act accordingly.

26 WHEREFORE, Plaintiffs request relief as set forth below.

27

PRAYER FOR RELIEF

28 WHEREFORE, Plaintiffs pray for judgment as follows:

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

15

Case 3:16-cv-00765-EDL Document 1 Filed 02/16/16 Page 17 of 17

DISABILITY RIGHTS ADVOCATES 2001 CENTER STREET, FOURTH FLOOR BERKELEY, CALIFORNIA 94704-1204
(510) 665-8644

1

1. A permanent injunction pursuant to the Americans with Disabilities Act, 42

2 U.S.C. §§ 12181, et seq., requiring Defendants to take the steps necessary to provide properly

3 functioning audio description equipment and services in their movie theaters for individuals who

4 are blind or visually-impaired.

5

2. A declaration that Defendants discriminate against blind and visually-impaired

6 persons by failing to provide blind and visually-impaired individuals, including Plaintiffs, with

7 full and equal access to the services, facilities, privileges, advantages, and accommodations of

8 the services at AMC theaters in violation of Title III of the ADA, 42 U.S.C. §§ 12181, et seq.

9

3. An order awarding Plaintiffs reasonable attorneys’ fees and costs, as authorized

10 by 42 U.S.C. § 12188; and

11

4. For such other and further relief as the Court deems just and proper.

12

13

14 DATED: February 16, 2016

15
DISABILITY RIGHTS ADVOCATES 16

17

18

19

Rebecca Williford

Attorneys for Plaintiffs

20

21
ROSEN BIEN GALVAN & GRUNFELD, LLP 22

23

24

25

Michael Nunez

Attorneys for Plaintiffs

26

27

28

Blanks, et al. v. AMC Entertainment, Inc., et al.

CLASS ACTION COMPLAINT

16

 
 SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (hereinafter “Agreement”) is entered into by, between, and among Scott Blanks, California Council Of The Blind, Leah Gardner, LightHouse for the Blind and Visually Impaired, Charles Nabarrete, Robert Schulenburg, and Empish Thomas (“Plaintiffs”), and AMC Entertainment Holdings, Inc. (“AMC”), with reference to the recitals and provisions set forth below. Plaintiffs and AMC shall each be referred to as a “Party” and shall jointly be referred to as “Parties.”
WHEREAS, Plaintiffs, represented by Disability Rights Advocates and Rosen Bien Galvan & Grunfeld LLP (collectively, “Plaintiffs’ Counsel”), filed a lawsuit styled Blanks, et al. v. AMC Entertainment Inc., et al., Case No. 4:16-cv-00765-YGR, in The United States District Court for the Northern District of California, San Francisco Division on February 16, 2016 (the “Lawsuit”).
WHEREAS, Plaintiffs alleged in the Lawsuit that AMC’s conduct violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq.
WHEREAS, AMC denies and continues to deny the claims in the lawsuit, the allegations in the lawsuit, and that Plaintiffs are entitled to any remedies under the law.
WHEREAS, the Parties now wish to effect a complete resolution and settlement of all claims and controversies relating to the allegations in the Lawsuit, believing settlement to be in their respective best interests in light of the expense and uncertainty of litigation, and without admission of any liability, fact, claim or defense, on the terms and conditions set forth herein.
NOW, THEREFORE, in exchange for the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Definitions
In addition to the terms defined elsewhere in this Agreement, the following terms shall have the meanings set forth below.
a. “Accessible” refers to digital content that substantially complies with the success criteria of the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA. Should Congress, the Department of Justice, the United States Circuit Courts, or United States Supreme Court issue a ruling or final regulations (as applicable) adopting a new legal standard for website accessibility, then AMC can, in its discretion, meet any obligation in this Agreement using the term Accessible by complying with the new legal standard.
b. “AMC” means and refers to AMC Entertainment Holdings, Inc., its subsidiary entities nationwide, and each of their employees.
c. “Descriptive Narration Equipment” means and refers to the Fidelio Wireless Audio System and/or any other hardware and software designed to provide
1

Descriptive Narration services that AMC uses to provide Descriptive Narration Services at AMC theaters.
d. “Effective Date” refers to the date on which all Parties have executed this agreement.
e. “Film” means and refers to both movies and other featured content that AMC exhibits at AMC theaters, including but not limited to opera, theater, and sports performances.
f. “First-run Theater” means and refers to AMC theaters that exhibit recently released Films, generally before Sub-run Theaters exhibit such Films.
g. “Ingest,” with respect to content that AMC exhibits at its theaters, means and refers to the process by which a Film or other video content is downloaded and prepared for exhibition at an AMC theater.
h. “Local Theatre Manager” means and refers to the positions of general manager, senior manager, manager, at AMC theaters.
i. “Pre-show Interstitial” means and refers to the AMC-created, AMC-branded audiovisual content that AMC exhibits in theater auditoriums , generally prior to movie trailers and the feature Film presentation.
j. “Sub-run Theater” means and refers to AMC theaters that show Films during a second run for reduced prices, generally after Films are no longer exhibited at First-run Theaters.
2. AMC’s Obligations
2.1 Descriptive Narration Technology – Providing Descriptive Narration Equipment.
AMC has equipped all of its digital auditoriums in the United States with equipment to exhibit descriptive narration-equipped movies, except auditoriums in which movies are exhibited using IMAX or other proprietary, specialty large-format screens for which Descriptive Narration Equipment, technology, or installation is not yet available. AMC asserts that AMC has preexisting plans to, and AMC will, provide Descriptive Narration Equipment in auditoriums with these specialty large-format screens when they can support descriptive narration technology.
AMC provides, and will continue to provide, descriptive narration for the descriptive narration-equipped movies it exhibits. It is AMC’s position that AMC has preexisting plans to provide a minimum of fifteen descriptive narration receivers at each existing theater equipped with descriptive narration, and a minimum of thirty-five receivers at each new theater. For the term of the settlement, AMC will provide a minimum of fifteen descriptive narration receivers at each existing theater equipped with descriptive narration, and a minimum of thirty-five receivers at each new theater. If demand for audio description services exceeds supply of audio description receivers in a particular theatre, AMC asserts that it currently makes reasonable adjustments that it deems sufficient to meet local market needs in that particular theatre. For the term of the settlement, if demand for audio description services exceeds supply of audio
2

description receivers in a particular theatre, AMC will make reasonable adjustments sufficient to meet local market needs in that particular theatre.
AMC will make reasonable and diligent efforts to maintain Descriptive Narration Equipment so that it is operable when movies equipped with descriptive narration are exhibited for all patrons. AMC will repair or replace malfunctioning Descriptive Narration Equipment within reasonable periods of time and with the same urgency as it would if an entire house or projector was down. What constitutes a reasonable period of time will necessarily depend on the circumstances.
2.2 Descriptive Narration– Exhibiting Descriptive Narration-Equipped Content.
AMC represents that AMC presently exhibits Pre-show Interstitials with audio description. For the term of the settlement, AMC will exhibit descriptive narration-equipped AMC-branded Pre-show Interstitials prior to trailers and pre-feature exhibitions in all auditoriums capable of showing audio-described content. AMC agrees to fairly consider any comments and requested revisions by Plaintiffs’ Counsel to the audio description of Pre-show Interstitials during the term of this Agreement.
AMC exhibits pre-show trailers for movies and, at times, for opera, theatre, and sports performances, provided to it by the movie studios and other third-party content creators. It is AMC’s position that AMC has preexisting plans to exhibit trailers equipped with descriptive narration when they are provided by third-party providers. For the term of the settlement, AMC will exhibit trailers equipped with descriptive narration when they are provided by third-party providers in all auditoriums capable of showing audio-described content.
AMC exhibits, and will continue to exhibit, descriptive narration-equipped movies provided to it by the movie studios. It is AMC’s position that AMC currently exhibits other descriptive narration-equipped content provided to AMC by third-party creators (for example, opera, theater, and sports performances). For the term of the settlement, AMC will exhibit other descriptive narration-equipped content provided to AMC by third-party creators (for example, opera, theater, and sports performances) in all auditoriums capable of showing audio-described content.
AMC will make private inquiries, using form and content within its discretion, to certain movie studios that do not provide movie trailers with descriptive narration to inform them that customers are interested in descriptive narration and ask if and when the movie studios may decide to provide descriptive narration for the movie trailers they create and provide to AMC.
Nothing in this section obligates AMC to exhibit a particular trailer, movie, or other content provided to AMC. Nothing in this section obligates AMC to equip a particular trailer, movie, or other content provided to AMC with descriptive narration, although AMC equips with descriptive narration the AMC-branded Pre-show Interstitials exhibited prior to trailers and feature presentation, and will continue to do so.
2.3 Descriptive Narration – Publicity and Information.
It is AMC’s position that AMC currently makes commercially reasonable efforts to advertise the availability of movies equipped with descriptive narration. For the term of the settlement, AMC will make commercially reasonable efforts to advertise the availability of
3

movies equipped with descriptive narration by (i) posting on its website and in its mobile apps information in an Accessible format stating (or indicating, to the extent the universal symbol of audio description is provided) that descriptive narration / audio description equipment is available at each theatre and information indicating the movies for which descriptive narration is available, (ii) providing information indicating the movies for which descriptive narration is available at its movie theatre box offices that have digital signage permitting it to do so, and (iii) providing information indicating the movies for which descriptive narration is available to thirdparty websites and other movie listing information providers, provided, however, AMC shall not be required to make payments to such third-party sites to display the information, and acknowledging that AMC has no control over third-party use and display of the information.
AMC will update theatre-specific information on AMC’s website and mobile app when AMC determines that descriptive narration is unavailable because of theater-wide malfunction, auditorium-wide malfunction, or for a particular movie (for example, if AMC believed the movie was equipped with descriptive narration but it was not), and the malfunction or issue is not anticipated to be remediated immediately for following movie exhibitions. These updates will include the removal of descriptive narration words or icons next to movie show times. AMC will do the same with respect to theaters that have digital signage indicating movies for which descriptive narration is available. Nothing in this paragraph obligates AMC to update AMC’s website, mobile apps, or digital signage due to a Descriptive Narration Equipment malfunction that local theater management believes to be temporary and capable of prompt remediation, or that affects only single users (such as a defective descriptive narration receiver).
AMC asserts that it has preexisting plans to improve the accessibility of AMC’s website and mobile app for the benefit of its patrons, including patrons with disabilities. AMC will make Accessible to blind and low-vision patrons (i) webpages containing information regarding descriptive narration services, equipment, and availability, (ii) webpages containing “Contact Us” links, (iii) webpages containing guest descriptive narration guidelines (discussed in paragraph 1.4 below), and (iv) webpages through which patrons must navigate from the AMC website’s home page to reach the pages covered by items (i), (ii),and (iii). These plans presently include retaining consultants to advise AMC on undertakings to have AMC’s website substantially comply with the Web Content Accessibility Guidelines 2.0 AA (“WCAG 2.0 AA”).
AMC maintains, and will continue to maintain, working telephone numbers for its theatres so that customers who wish to call the theatre for any reason, including to ask a theatre employee questions about the availability of descriptive narration, may do so. AMC notes, however, that depending on the circumstances of when patrons call and what is happening at the movie theatre, there may be times when a theatre employee does not immediately answer the telephone. AMC does not presently provide individual movie show time information in a recorded message for any theatre, but if it does during the term of this Agreement, it will indicate on the recorded message which movie showings include descriptive narration.
2.4 Descriptive Narration – Training.
AMC will train all movie theatre employees on the availability of digital Descriptive Narration Equipment. AMC will train certain movie theatre employees who interact with patrons on (i) how to determine what movies are equipped with descriptive narration;(ii) how to use and operate the Descriptive Narration Equipment; and (iii) how to effectively communicate with blind and visually-impaired patrons about their Audio Description Equipment.
AMC developed, among other materials, an Assistive Moviegoing Module, an Assistive
4

Moviegoing Crew Card, an Assistive Moviegoing Job Aid, and an Assistive Moviegoing Troubleshooting Job Aid. AMC asserts that it currently uses these materials to train certain movie theatre employees, and for the term of the settlement, AMC will train certain movie theater employees regarding audio description services using these materials. AMC will require that all associates from the Supervisor level and above receive mandatory training on these materials. AMC local theatre general managers will determine, in their discretion, whether additional theater employees will receive training on these materials. Plaintiffs and AMC have reviewed these materials and agreed upon revised content of these materials. Copies of the Assistive Moviegoing Crew Card, the Assistive Moviegoing Job Aid, and the Assistive Moviegoing Troubleshooting Job Aid are attached hereto as Exhibit A, and will be published and distributed within a reasonable period of time following full execution of this Agreement. AMC agrees to provide Plaintiffs’ Counsel with notice of and opportunity to comment on future changes, if any, to these materials during the term of this Agreement, and will fairly consider any comments and requested revisions.
AMC developed, among other materials, guidelines for local theatre general managers to use to determine the scope of assistive moviegoing training appropriate for employees of theatres of varying sizes and configurations. The guidelines include discussions of circumstances that include, without limitation, theatre size, staff size, staff turnover, and level of guest demand for assistive moviegoing, and require that one staff member who has undergone Assistive Moviegoing training be available on short notice to assist with providing functioning Descriptive Narration Equipment to patrons who request descriptive narration at all times the theater is open. AMC will distribute these guidelines to all local theatre general managers. Plaintiffs and AMC have reviewed these guidelines and agreed upon the content of these guidelines. A copy of the guidelines is attached hereto as Exhibit B, and will be published and distributed within a reasonable period of time following full execution of this Agreement. AMC agrees to provide Plaintiffs’ Counsel with notice of and opportunity to comment on future changes, if any, to these guidelines during the term of this Agreement, and will fairly consider any comments and requested revisions.
AMC developed guidelines for movie theatre employees to review and use (i) to improve responses to patrons asking for assistive moviegoing systems, and (ii) to improve communications with blind and low-vision patrons. The guidelines include, among other things, instructions that employees who have not received assistive moviegoing training should promptly summon a staff member who has received the training, and that patrons should not have to wait an unreasonable period of time for a trained associate to respond to a request for an assistive moviegoing device. AMC will distribute these guidelines to all Local Theatre Managers and staff. Plaintiffs and AMC have reviewed these guidelines and agreed upon the content of these guidelines. A copy of the guidelines is attached hereto as Exhibit C, and will be published and distributed within a reasonable period of time following full execution of this Agreement. AMC agrees to provide Plaintiffs’ Counsel with notice of and opportunity to comment on future changes, if any, to these guidelines during the term of this Agreement, and will fairly consider any comments and requested revisions.
AMC will post step-by-step guidelines that instruct AMC movie theatre employees on setting up and configuring Descriptive Narration Equipment for customer use and that lists AMC’s technical support line telephone number. A copy of the guidelines is attached hereto as Exhibit D, and will be published and distributed within a reasonable period of time following full execution of this Agreement. AMC agrees to provide Plaintiffs’ Counsel with notice of and opportunity to comment on future changes, if any, to these guidelines during the term of this Agreement, and will fairly consider any comments and requested revisions.
5

AMC will make available at AMC theaters within a reasonable period of time following full execution of this Agreement and post on AMC’s website guest descriptive narration guidelines that include descriptions of Descriptive Narration Equipment and an explanation of how descriptive narration receivers are configured for use. A copy of the guidelines is attached hereto as Exhibit E. AMC agrees to provide Plaintiffs’ Counsel with notice of and opportunity to comment on future changes, if any, to these guidelines during the term of this Agreement, and will fairly consider any comments and requested revisions. AMC will post these guidelines on its website. AMC will affix labels on all of its descriptive narration receivers within a reasonable period of time following full execution of this Agreement that include the website address for these guidelines and a Quick Response Code (“QR code”) that will launch these guidelines when scanned with a QR code software reading program.
2.5 Descriptive Narration – Maintaining and Testing.
AMC will, on a weekly basis, task Local Theatre Managers with the responsibility of taking all active descriptive narration receivers out of the active charging station(s), turn them on, and check the receivers for battery status and function. If a receiver is malfunctioning for a reason other than low battery power, it will not be kept in the charging station – it will be repaired or replaced.
It is AMC’s position that AMC staff currently check the functionality of descriptive narration receivers when local movie theatre staff receives, downloads, and “Ingests” a new movie. During the term of the settlement, AMC staff will check the functionality of Descriptive Narration Equipment when local movie theatre staff receives, downloads, and “Ingests” a new movie. During each check at ingestion, AMC will confirm that receivers function, that the audio description track plays on the correct channel, and that wireless transmission works throughout the auditorium.
It is AMC’s position that AMC staff currently check the functionality of descriptive narration receivers when they are given to patrons. For the term of the settlement, AMC will require that AMC staff check the functionality of descriptive narration receivers when they are given to patrons. AMC will require local theatre general managers to require the check to include, without limitation, (i) battery status, and (ii) an offer by an AMC employee to either accompany the patron to the auditorium at an appropriate time when descriptive narration content is available, or to check on the patron at an appropriate place and time when descriptive narration content is available.
AMC asserts that it currently provides a technical support line available during all hours when AMC theatres are open that AMC movie theatre employees can use to call, among other reasons, for questions about and assistance with configuring and troubleshooting Descriptive Narration Equipment. For the term of the settlement, AMC will provide a technical support line available during all hours when AMC theatres are open that AMC movie theatre employees can use to call, among other reasons, for questions about and assistance with configuring and troubleshooting Descriptive Narration Equipment.
2.6 Complaints and Complaint Avenues.
If any patron with a vision impairment and his or her companion purchases a ticket, attends a movie, and seeks to use descriptive equipment but cannot because the Descriptive Narration Equipment was not made available (either due to insufficient devices to meet demand,
6

equipment failure of the devices, or programming or other service failure), or because AMC provided incorrect descriptive narration information about the movie, AMC will provide a refund and an admission pass to the patrons. Patrons may also present complaints to the General Manager of the theatre, who has discretion to make additional remediations.
In addition, as discussed in paragraph 1.3 above, AMC maintains, and will continue to maintain, a working telephone number for its theatres so that customers who wish to call the theatre for any reason, including to make a complaint about descriptive narration, may do so.
In addition, AMC maintains, and will continue to maintain, a web-based Accessible “Contact Us” link on its website so that customers who wish to contact AMC for any reason, including to make a complaint about descriptive narration, may do so. AMC will designate a point person within its organization to serve as an “ADA coordinator” or other suitable title of its choosing. This person will receive any complaints from the online system concerning descriptive narration and will have the authority to resolve the complaints.
2.7 Monitoring
For the term of the Agreement, on a quarterly basis commencing on [date], AMC will (i) perform searches for complaints AMC received through the “Contact Us” website link on AMC’s website using agreed-upon search terms (attached as Exhibit F) and (ii) report to Plaintiffs’ Counsel the number and content of complaints that result from those searches.
By April 1, 2017, or two weeks following full execution of this Agreement, AMC will deliver 100 free movie passes, and by April 1, 2018, AMC will deliver another 100 free movie passes, (thus a total of 200 movie passes) to Plaintiffs’ Counsel for Plaintiff LightHouse for the Blind and Visually Impaired. Plaintiffs represent that the Plaintiff LightHouse for the Blind and Visually Impaired will use these passes for the purpose of testing Descriptive Narration Equipment at AMC theaters.
2.8 Dispute Resolution.
If any disputes arise as to compliance with this Agreement, the Parties agree to resolve the dispute via the following three steps:
Step One – Notice: Plaintiffs’ Counsel will send a letter to counsel for AMC concerning any dispute, and the parties will meet and confer in a good faith effort to resolve any dispute.
Step Two – Mediation: In the event the Parties are unable to resolve their dispute through meet and confer negotiations within twenty-one (21) days of receipt of the letter raising the dispute, the dispute shall be submitted to mediation with either (i) mediator Tamara Lange, ADR Attorney & Mediator, U.S. District Court for the Northern District of California, or (ii) another mutually agreeable mediator, to try to reach agreement. If the Parties cannot agree on a mediator and schedule mediation within 30 days (or a longer number of days mutually agreed in writing) after completing the step one meet and confer process, then the Parties shall request that the U.S. District Court for the Northern District of California assign a mediator.
Step Three – Resolution by District Court: In the event that the Parties are unable to resolve a dispute through Step Two, they shall submit the dispute for binding resolution by the Federal District Court for the Northern District of California under the Court’s continuing jurisdiction over this case. The Parties agree that Judge Yvonne Gonzalez Rogers shall
7

continue to have jurisdiction to fully resolve any such dispute. If Judge Gonzalez Rogers becomes unavailable, the Parties agree to accept the jurisdiction of any other Judge assigned by the Federal District Court for continuing jurisdiction purposes. The parties may seek to recover reasonable fees and costs in connection with proceedings under this Step Three according to the standard set forth in Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978) or then applicable law.
The parties agree to request that the Court retain jurisdiction to enforce the settlement.
2.9 Monetary Terms of Settlement.
AMC agrees to pay Plaintiffs and Plaintiffs’ Counsel attorneys’ fees, costs, and expenses and a sum to Plaintiff LightHouse for the Blind and Visually Impaired. The amount of the payments and the timeline for remitting payments are provided for in the separate, confidential rider titled “Confidential Agreement on Monetary Settlement Terms,” executed contemporaneously with this Agreement. The payments made by AMC pursuant to the Confidential Agreement on Monetary Settlement Terms shall constitute full satisfaction of any claims by Plaintiffs and/or Plaintiffs’ Counsel for attorneys’ fees, costs, and/or expenses arising out of or associated with this matter and/or this Agreement (including, but not limited to, attorney’s fees and expert witness fees / expenses).
Plaintiffs’ Counsel will provide the tax identification information to AMC that is necessary for AMC to make these payments. AMC will issue appropriate 1099 Internal Revenue Service (“IRS”) forms to Plaintiffs’ Counsel and LightHouse for the Blind and Visually Impaired for the payments. Plaintiffs’ Counsel acknowledges and agrees that it is solely and entirely responsible for the payment and discharge of any additional federal, state, and local taxes, if any, that may, at any time, be found to be due upon or as a result of the payment for attorneys’ fees and costs by AMC hereunder. LightHouse for the Blind and Visually Impaired acknowledges and agrees that it is solely and entirely responsible for the payment and discharge of any additional federal, state, and local taxes, if any, that may, at any time, be found to be due upon or as a result of the payment for monitoring by AMC hereunder.
Except as expressly provided for above, and in section 2.8 above, each Party shall bear its own attorneys’ fees, costs, and expenses incurred in relation to this Agreement and the Released Claims.
2.10 Release of Claims by Plaintiffs.
Plaintiffs release AMC and its present and former parent companies, subsidiaries, related or affiliated companies, shareholders, officers, directors, employees, agents, attorneys, insurers, successors and assigns thereof, and any individual or entity which could be jointly liable with AMC (the “Released Parties”) from all claims, demands, rights, liabilities, and causes of action of every nature and description whatsoever, whether known or unknown, that were or could have been brought either before an administrative agency or in a civil lawsuit in either state or federal court alleging that persons with vision impairments were subjected to discrimination or accessibility violations due to the alleged failure of AMC to provide or maintain Descriptive Narration Equipment when exhibiting movies in AMC’s theatres. The release of claims applies from the execution of this Agreement through the term of this Agreement provided in paragraph 1.14. The released claims include, without limitation, all claims that were asserted or could have been asserted in or that are in any way connected to the subject matter of the lawsuit styled Blanks, et al. v. AMC Entertainment Inc., et al., No. 3:16-cv-00765-DEL,
8

filed in the United States District Court for the Northern District of California, including claims for damages, costs, attorneys’ fees, expert fees, and expenses incurred or to be incurred by Plaintiffs in connection with the subject matter hereof.
2.11 Waiver of California Civil Code Section 1542.
Plaintiffs expressly waive any rights conferred upon them by California Civil Code section 1542, and expressly consent that this Agreement shall be given full force and effect according to all of its terms, including those terms relating to unknown and unsuspected claims, if any. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding the provisions of Section 1542, Plaintiffs expressly acknowledge and agree that the releases set forth in 2.10 are intended to include and do include in its effect, without limitation, all such claims which Plaintiffs do not know or suspect to exist at the time of the execution of this Agreement, and that this Agreement contemplates the extinguishment of those claims.
2.12 Dismissal of the Lawsuit
Plaintiffs will dismiss with prejudice the lawsuit styled Blanks, et al. v. American Entertainment Holdings, Inc., et al., Case No. 3:16-CV-765-DEL, in The United States District Court for the Northern District of California. Plaintiffs hereby affirm that they have authorized Plaintiffs’ counsel to execute and cause a request for dismissal with prejudice to be filed.
2.13 Press Release and Attorneys’ Fees Confidentiality.
The Parties agree to meet and confer in good faith about issuing a joint press release. Should agreement not be reached, the Parties agree that they may issue separate press releases, so long as each party provides a copy of its press release to the other party at least 24 hours before its release. If separate press releases are issued, the parties may suggest changes and each party will consider the other party’s suggestions in good faith.
The Parties agree that both the fact and the amount of attorneys’ fees paid to Plaintiffs and Plaintiffs’ Counsel, including any amount that Plaintiffs and Plaintiffs’ Counsel may allocate in part for attorneys’ fees and costs and in part for monitoring by Plaintiff LightHouse for the Blind and Visually Impaired, is confidential and will not be disclosed in any press release, disclosure, or posting to any third party.
2.14 Term of Agreement.
This Agreement shall have a term that expires two years after the Effective Date.
3. Additional Terms.
9

3.1 Acquired Theatres.
As to any theatre acquired by AMC after the date this Agreement is executed, AMC shall comply with the terms of this Agreement as to such theatres within one hundred eighty (180) days after (i) the date of acquisition for existing Digital Auditoriums at such theatre or (ii) the date that such theatre is converted from a 35 mm platform to a digital projection system. AMC shall not be required to comply with the terms of this Agreement at any acquired theatre it is required to divest pursuant to orders from state or federal agencies even though it may operate such theatre for an interim period pending divestiture.
3.2 Sub-Run Theatres.
As to any non-digital Sub-run Theatre (including discount, non-First-Run, or “dollar” theatres), whether operational or acquired by AMC after the date this Agreement is executed, AMC shall not be required to equip these theatres with descriptive narration technology. If AMC acquires or converts auditoriums within sub-run complexes to digital auditoriums, then AMC shall implement Descriptive Narration Equipment in such auditoriums in accordance with the terms of this Agreement.
3.3 Control Over Descriptive Narration-Enabled Content.
Plaintiffs acknowledge that movie theatre operators, including AMC, do not control which motion pictures, trailers, pre-show content, and other on-screen content provided by third parties are described or otherwise enabled for description narration. AMC makes no representations concerning the present or anticipated availability of motion pictures, trailers, pre-show content, and other on-screen content with description but, as provided in paragraph 1.2 above, AMC will exhibit descriptive narration-equipped AMC-branded Pre-show Interstitials prior to pre-movie trailers and movie exhibitions.
3.4 Governing Law.
This Agreement shall be governed in all respects by the law of the State of California.
3.5 Amendment or Modification.
This Agreement may be modified only by means of a written agreement, signed by all parties hereto.
3.6 Entire Agreement.
This Agreement and the separate Confidential Agreement on Monetary Settlement contain the entire understanding and agreement between the Parties regarding the matters set forth in it. No representations, warranties, or promises have been made or relied upon by any party hereto, other than those contained herein. This Agreement and the separate Confidential Agreement on Monetary Settlement supersede any and all other prior agreements or drafts, either written or oral, between the parties with respect to the subject matter hereof.
3.7 Severability
If any one or more of the provisions of this Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, then: (i)
10

the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable shall be unaffected; (ii) the effect of the ruling shall be limited to the jurisdiction of the court or other government body making the ruling; (iii) the provision(s) held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the Parties’ intent as manifested herein; and (iv) if the ruling and/or the controlling principle of law or equity leading to the ruling is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question as originally set forth in this Agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
3.8 Execution in Counterparts.
This Agreement may be executed in counterparts, each of which may be executed and delivered via facsimile or PDF electronic delivery with the same validity as if it were an inksigned document and each of which shall be effective and binding on the Parties as of the Effective Date. Each such counterpart shall be deemed an original and, when taken together with other signed counterparts, shall constitute one and the same Agreement.
3.9 Advice of Counsel.
The parties hereto represent that they have read this Agreement in its entirety and are satisfied that they understand and agree to all its provisions, and represent that they have freely signed this Agreement without coercion.
3.10 Power and Authority to Execute.
Each of the parties hereto represent that they have the power and the authority to execute and deliver this Agreement and to perform the obligations hereunder, and that each person executing this Agreement on each party’s behalf has been authorized to sign on behalf of the respective party and to bind each to the terms of this Agreement.
3.11 No Admission of Liability.
The parties to this Agreement understand and agree that nothing in this Agreement shall be construed as an admission of liability, and that all allegations of liability are expressly denied.
3.12 No Assignment or Transfer of Claims.
Plaintiffs represent and warrant that: (i) each owns the Released Claims; (ii) no other person or entity has any interest in the Released Claims; (iii) each has not sold, assigned, conveyed or otherwise transferred any Released Claim or demand against AMC, or any Released Claim or demand against any of the other Released Parties; and (iv) each has the sole and exclusive right to settle and release such Released Claims. Plaintiffs represent and warrant that to the best of his or her or its knowledge, information and belief, each has no actual or potential claims against AMC and/or the Released Parties that are not included in the Released Claims.
3.13 Construction
This Agreement is deemed to have been drafted by all Parties hereto, as a result of
11

arm’s length negotiations among the Parties. Whereas all Parties have contributed to the preparation of this Agreement, it shall not be construed more strictly against one party than another. The headings in this Agreement are solely for convenience and will not be considered in its interpretation. Where required by context, the plural includes the singular and the singular includes the plural.
3.14 Notices. Any notice or communication provided under this Agreement shall be made in writing and shall be delivered or sent by registered mail or courier to the addresses below or to such other addresses as may be specified in writing by any party to the other party. If to Plaintiffs: Rebecca Williford
 Disability Rights Advocates
 2001 Center Street, Fourth Floor
 Berkeley, CA 94704
 Ernest Galvan
 Rosen Bien Galvan & Grunfeld LLP
 50 Fremont Street, 19th Floor
 San Francisco, CA 94105
 If to AMC: M. Brett Burns
 Hunton & Williams LLP
 575 Market St., Ste. 3700
 San Francisco, CA 94105
 3.15 Third-Party Beneficiaries The Parties acknowledge and agree that the terms of this Agreement, including, but not limited to, the release of claims by Plaintiffs, will inure to the benefit of certain intended thirdparty beneficiaries, including, without limitation, American Multi-Cinema, Inc., and any other Released Parties.
12

4/14/17


AGREED: 
 Dated: 
 AMC ENTERTAINMENT HOLDINGS, INC. 
 By: __________ Dated: SCOTIBLANKS By: _________ _ Dated:
CALIFORNIA COUNCIL OF THE BLIND By: _________ _ Dated:
S LEAH GARDNER
S
By: _________ _ Dated: 4/14/2017
LIGHTHOUSE FOR THE BLIND AND VISUALLY IMPAIRED By: _________ _ Dated:
CHARLES NABARRETE By: _________ _ Dated:
ROBERT SCHULENBURG By: _________ _ Dated: 4/14/17


4/17/17


4/17/17


Exhibit A 


This exhibit is confidential.

Exhibit B


AMC Guidelines for General Managers
 Determining the Scope of Assistive Moviegoing Training

Introduction
These guidelines should be used by theatre general managers to determine the appropriate scope of Assistive Moviegoing training appropriate for the local theatres they supervise.
What Should Be Covered in the Assistive Moviegoing Training?
Managers and/or team members who are selected to receive Assistive Moviegoing Training should be trained on the following topics:
• The differences between Assistive Listening, Audio Description, and Closed Captioning devices • How to locate all necessary equipment and activate the equipment and any other required
ancillary equipment or systems • How to troubleshoot, address, and escalate issues with Assistive Listening, Audio Description,
and Closed Captioning devices • How to communicate effectively with individuals with disabilities, including those who are deaf
or hard of hearing or who are blind or have low vision, about how to use, operate, and resolve problems with captioning devices and audio description devices • How to respond to questions/complaints and procedures for issuing refunds/rain checks
Who Should Receive Assistive Moviegoing Training?
While General Managers will continue to make decisions about training staff at the local theatres they supervise, including who should receive Assistive Moviegoing training, how the training is conducted, how often the training is repeated, and other things, all AMC theatres are required to have at least one manager or team member who has undergone Assistive Moviegoing training to be available on short notice to assist with providing functioning Assistive Listening, Audio Description, and Closed Captioning to patrons who request the use of these devices at all times the theatre is open. This manager and/or team member must be able to quickly locate and activate the necessary equipment; operate and address problems with the equipment prior to and during the movie; and communicate effectively with individuals with disabilities about how to use, operate, and resolve problems with the equipment.
With this in mind, General Manager should consider the following factors, among others, when making determinations about Assistive Moviegoing Training: (i) theatre size, (ii) staff size, (iii) staff turnover, (iv) level of guest demand for AMC’s Assistive Moviegoing devices, (v) staff positions reasonably expected to interact with customers (including disabled customers), (vi) how to best conduct the training (demonstrations, hands-on training, other methods), (vii) whether and how often training should be repeated, and (viii) any other factors the particular General Manager deems appropriate.
1


Exhibit C


AMC Training Supplement
 Improving Interactions and Communications with Patrons Who Are Visually Impaired or Blind

1. Introduction
These materials supplement AMC’s training materials with additional information on how to improve interactions and communications with patrons who are visually impaired or blind.
2. Responding to Customer Questions or Complaints
If a patron has a question or complaint about AMC’s descriptive narration equipment or its described movie showings and you have not received Assistive Moviegoing Training, promptly escalate the question or complaint to the manager or team member who has received Assistive Moviegoing Training. Patrons should not have to wait an unreasonable period of time for a trained manager or team member to respond to a request for or complaint about AMC’s descriptive narration equipment, or information about its described movie showings. If the question or complaint is still not resolved, then promptly escalate the question or complaint to the general manager or the manager on duty.
3. Improving Communications with Patrons who are Visually Impaired or Blind Patrons
AMC employees who have direct contact with patrons should be prepared to communicate with patrons who are visually impaired or blind, and should do so with courtesy and respect. When assisting patrons who are blind or visually impaired, remember these basic tips:
a. Identify yourself (name and job title) when you are approaching the patron. b. Speak directly to the patron, and not through his or her companion. c. If you’re in a group, try to address the patron by name so that he or she knows who you’re
talking to, and introduce the other people present. d. Speak distinctly, using a natural conversational tone and speed. Unless the patron has a hearing
impairment, you do not need to raise your voice. e. Seek to avoid situations where there is competing noise. f. If you leave a patron who is visually impaired or blind in an unfamiliar area, make sure it is near
something they can touch – a wall, table, rail, etc. Being left out in empty space can be uncomfortable. g. Be an active listener. Give the patron opportunities to talk. Respond with questions and comments. A person who is visually impaired or blind can’t necessarily see the look of interest on your face, so give verbal cues to let him or her know that you are actively listening. h. Answer questions and try to be as specific or descriptive as possible in your responses. i. Avoid pointing to objects or people; instead, verbalize by saying, for example, “It’s on your left.” j. Say when you are leaving and where you are going if it is appropriate. Indicate the end of a conversation with the patron to avoid situations where the person is left speaking when no one is actually there. k. Do not do for patrons who are visually impaired or blind what they can do for themselves such as serving themselves, finding things, getting things, carrying things etc. If you think someone
1


who is visually impaired or blind may need help navigating, ask first by saying something along the lines of, “Would you like me to guide or assist you?” If the answer is no, respect his or her wishes. l. If your help is accepted, ask how they would like to be guided. If the patron is uncertain, then suggest the sighted guide technique where they would take your arm just above the elbow. That makes it easier and safer for the patron to feel your movements and follow on their own terms. m. If you see a patron who is blind or visually impaired about to encounter a potentially dangerous situation, be calm and clear when you warn the person. Try to use specific language such as “there’s a step right in front of you,” or “the door in front of you is closed” instead of “watch out!” Also, use directional language such as “to your left” or “directly behind you” rather than “it’s over here.” Think about what information you would want to know if you couldn’t see. n. Bear in mind that people who are visually impaired or blind treat their service animals (guide dogs) and white/long canes as extensions of their bodies. Do not distract guide dogs from their job, such as petting or attempting to feed them. Do not touch, move or grab a guide dog or white/long cane without the owner’s permission. o. Be sensitive when questioning someone about their blindness or vision disability. This is personal information, and boundaries should be respected. p. Use “people first” language. No one wants to be labeled by how they are different. Say "a person who is blind" rather than "a blind person."
2


Exhibit D


AMC JOB AID
Setting Up and Distributing Fidelio Descriptive Narration Devices
1. Ask the Guest what type of assistive service he wants. Descriptive Narration (VI-N) assists
persons with visual impairments and Assisted Listening (HI) assists persons with auditory impairments. The device can play the Descriptive Narration track, the Assisted Listening track, or both simultaneously.
2. Select a receiver that has a full battery. Check the battery level by looking at the Power LED
of the receiver. If possible, chose a receiver that has a steady green Power LED light, indicating a 100% charge. Receivers that have a flashing green LED power light do not have a full battery. If there are no receivers with 100% power available, check to make sure the battery level, which is shown on the tablet, is above 80%.
3. Program the receiver. Wake the tablet up by touching the power button on the right side of the
configuration tablet. Place the receiver in the configuration slot. Wait for the tablet to display the configuration screen.
 Battery Level. Before programming, check that the battery level, which is shown on the tablet, is above 80%.
 Program the auditorium. Press “Change” next to “!uditorium”, and select the auditorium shown on the guest’s ticket.
 Program the correct audio channel. Locate the movie in the Performance Schedule and note which channel plays the Descriptive Narration track. Press “Change” next to “Channel”, and select the appropriate channel. The Descriptive Narration track will play on either Channel 1b or Channel 2b—each time you program a device you must confirm which channel to use.
 Check that the auditorium number and channel number shown on the configuration tablet are correct.
4. Remove and check the receiver. Remove the receiver from the configuration station and turn
the unit on. NOTE – the receiver will automatically turn off when removed from the configuration port. It must be turned back on immediately, before giving it to the guest. The VI LED should be solid green (receiving audio) or flashing slowly (searching for the channel). If the VI LED is flashing rapidly it is not configured correctly, or there may be some additional problem with the transmitter. Re-program the receiver and power cycle the corresponding auditorium’s Fidelio transmitter. If that doesn’t resolve the issue, open a DSSP ticket immediately. Once within range of the transmitter, the VI LED should turn solid green; depending on a building configuration, that may not happen until a guest enters an auditorium.

5. Give the receiver to the guest. Raise the volume on the receiver to maximum by pressing the
“up” selector on the side a few times, and plug a headphone set into the receiver. Show the guest where the power button and volume controls are.
6. Offer to accompany the guest to the auditorium. Offer to wait in the auditorium with the
guest until he can confirm that the Descriptive Narration device is working. Alternatively, offer to check in with the guest in the auditorium a few minutes before the movie begins.
For more information on setting up Fidelio equipment to provide Descriptive Narration, see:  Job Aid – Fidelio Audio Receiver – Hearing and Visually Impaired (HI and VI)  Job Aid – Assistive Moviegoing Troubleshooting – Fidelio and CaptiView
For help, contact the TOC through the theatre view of Clipboard: http://toc.homeoffice.amc.corp/dssp/ OR call 1 800 280 1447 (Option 1)

Exhibit E


Guest Guide: Descriptive Narration

AMC is pleased to offer audio description services to help its blind and lowvision guests enjoy the movies. Audio description, sometimes called descriptive narration, provides guests with a verbal narration of key visual aspects of movies through a wireless receiver and headphones. Many movies that play at AMC theaters are audio-described. You can visit your local AMC theater’s website to learn which movies at your local AMC theater have audio description.
To use audio description, visit the box office or the guest services desk to request an audio description receiver. Each theater has several audio description receivers available. A theater employee will connect a receiver to a tablet to program the receiver to play the audio description for the correct movie auditorium.
The receiver is a small rectangular box about the size of a deck of cards. Holding the device with the headphone jack facing up and on the left side, the front side is smooth. The back side has a large clip. The right side has volume up and volume down buttons. The top has a headphone jack, three LED indicators, and a power button.

After the receiver is programmed, the employee will give you the receiver with headphones. Confirm that the VI LED light on the top of the receiver is on. It should be solid green or blinking slowly. You should also confirm that the power LED indicator is on and solid green, which means the battery is fully charged. You may either use the headphones supplied with the receiver or use your own headphones equipped with a standard headphone plug.
Now you should be ready to enjoy your movie with audio description. You can use audio description from any seat in your movie’s auditorium. The audio description will begin during AMC’s pre-show announcements. Some content during the pre-show is not available in audio description, however, including many movie trailers.
If you do not hear a voice begin to describe the video, try pressing the volume up button several times to increase the volume. Also make sure that the device is on by confirming that the power LED is showing a steady green light or a flashing green light. If you still do not hear the audio description, your receiver may be malfunctioning. You should find an AMC employee and request assistance resolving the problem. Theater staff will troubleshoot the problem. If staff at the theater are unable to resolve the problem, they will call AMC’s technical assistance line to request additional assistance.
In rare instances, AMC may be unable to provide you with access to audio description services due to malfunctioning equipment. If that happens, AMC will refund your ticket and provide you with a guest pass free of charge so that you may enjoy an audio described movie at some other time.
You may report problems using audio description services by contacting AMC at https://www.amctheatres.com/contact

Exhibit F


This exhibit is confidential.