JOINT REPORT ON PARTIES’ PROPOSALS FOR POWER SUPPLY’S WEBSITE AS ORDERED BY THE 

COURT (Dkt. 90)

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Zachary M. Best, SBN 166035

Tanya E. Moore, SBN 206683

MOORE LAW FIRM, P.C.

332 North Second Street

San Jose, California 95112

Telephone: (408) 298-2000

Facsimile: (408) 298-6046

Email: service@mission.legal

Attorneys for Plaintiff,

Francisca Moralez

Wendy L. Wilcox, SBN 193644

Michelle S. Tamkin, SBN 158804

SKANE WILCOX, LLC

1055 W. 7th Street, Suite 1700

Los Angeles, California 90017

Telephone: (213) 452-1200

Facsimile: (213) 452-1201

Email: wwilcox@skanewilcox.com

mtamkin@skanewilcox.com

Attorneys for Defendant,

Power Supply Collective, Inc.

dba Mypowersupply.com

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FRANCISCA MORALEZ,

Plaintiff,

vs.

POWER SUPPLY COLLECTIVE, INC. dba 

MYPOWERSUPPLY.COM, et al.,

Defendants.

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No. 3:17-cv-00634-CRB

JOINT REPORT ON PARTIES’ 

PROPOSALS FOR POWER SUPPLY’S 

WEBSITE AS ORDERED BY THE 

COURT (Dkt. 90)

Case 3:17-cv-00634-CRB Document 94 Filed 01/18/19 Page 1 of 4
JOINT REPORT ON PARTIES’ PROPOSALS FOR POWER SUPPLY’S WEBSITE AS ORDERED BY THE 

COURT (Dkt. 90)

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At the November 9, 2018 Case Management Conference, the Court ordered the parties 

to draft and exchange proposals for revisions to Defendant Power Supply Collective, Inc. dba 

mypowersupply.com’s (“Power Supply’s”) website for customers with a disability to have 

food orders placed on a certain level of Power Supply’s self-service refrigerator, and to offer 

comments as to each other’s submissions. (Dkt. 90.) The parties were further ordered to 

submit a joint report to the court by January 18, 2019, if they were able to reach agreement 

regarding the website; otherwise a Case Management Conference would be held on that date. 

(The court later continued the Case Management Conference to January 25, 2019.) 

After exchanging proposals, the parties have agreed that Power Supply’s website will 

be changed as follows: 

1. The website will show a global handicapped icon in the ordering process, 

which will display the following accessibility option checkboxes:

A. A checkbox for delivery to a refrigerator shelf between 15-48” 

high, and

B. A checkbox for customers who need handles added to the 

packaged meals.

2. Language will be added to the gym location pickup selection dialogue 

explicitly stating that the locations are self-service.

Plaintiff’s Further Report:

The proposal Plaintiff sent to Power Supply in early Decmeber 2018 to resolve her 

equitable claim included the further requirement that Power Supply implement policies and 

procedures to ensure that the meals a patron requests be located within the described reach 

ranges via the website are in fact placed there by Power Supply’s third-party delivery partners. 

Plaintiff further requires an enforceable written agreement between the Parties (or an 

injunction), a request Power Supply has not agreed to. It is Plaintiff’s position that even if 

Power Supply were to modify its website today as suggested, there is nothing that will ensure 

that it maintains that feature (given it has denied there is any legal requirement that it do so), or 

Case 3:17-cv-00634-CRB Document 94 Filed 01/18/19 Page 2 of 4
JOINT REPORT ON PARTIES’ PROPOSALS FOR POWER SUPPLY’S WEBSITE AS ORDERED BY THE 

COURT (Dkt. 90)

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that the meals ordered will actually be placed within the reach ranges. Thus, the above 

“proposal” alone does not resolve Plaintiff’s ADA claim.

While the parties agree on the website language, the proposal does not in any manner 

resolve Plaintiff’s equitable claim under the Americans with Disabilities Act (“ADA”) because 

it is not a complete resolution, and Power Supply has not agreed to be contractually bound to 

the agreement. Similarly, no agreement has been reached on Plaintiff’s pendent state claim for 

damages because Power Supply denies that it violated the ADA or the California Unruh Civil 

Rights Act. And no agreement has been reached as to Plaintiff’s claim for attorneys’ fees and 

costs.

Defendant’s Response:

Defendant Power Supply has informed Plaintiff that the Court instructed the parties to 

focus on the website issue at present and address any remaining issues thereafter. Power 

Supply therefore believes that Plaintiff’s “Further Report” addresses items outside those 

ordered by the Court. However, Power Supply did not violate the ADA, and Plaintiff is not 

entitled to statutory damages or attorney fees and costs. Power Supply further states that it 

welcomes all customers including those with disabilities, it has a history of implementing 

disabled customers’ requests for accommodations, and will continue to do so. Plaintiff’s fears 

that Power Supply will not maintain the changes to its website or comply with requests to place 

meals on shelves within reach ranges are unfounded and not based on any evidence. Plaintiff 

never requested any accommodation from Power Supply, and has no basis for implying that 

Power Supply would ignore requests that are actually made. 

Dated: January 18, 2019 MOORE LAW FIRM, P.C.

/s/ Tanya E. Moore

Zachary M. Best

Tanya E. Moore 

Attorneys for Plaintiff, 

Francisca Moralez

Case 3:17-cv-00634-CRB Document 94 Filed 01/18/19 Page 3 of 4
JOINT REPORT ON PARTIES’ PROPOSALS FOR POWER SUPPLY’S WEBSITE AS ORDERED BY THE 

COURT (Dkt. 90)

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Dated: January 18, 2019 SKANE WILCOX, LLC

/s/ Michelle S. Tamkin

Wendy L. Wilcox

Michelle S. Tamkin 

Attorneys for Defendant,

Power Supply Collective, Inc. dba

Mypowersupply.com

ATTESTATION

Concurrence in the filing of this document has been obtained from each of the individual(s) 

whose electronic signature is attributed above.

/s/ Tanya E. Moore

Tanya E. Moore

Attorney for Plaintiff,

Francisca Moralez

Case 3:17-cv-00634-CRB Document 94 Filed 01/18/19 Page 4 of 4