XIV. Progress Reports
1. Within ninety (90) days of the date of this Order, the District shall submit its first report to counsel to the United States and counsel to Plaintiffs detailing the actions it has taken to comply with this Order. Within one hundred-eighty (180) days of the date of this Order, the District shall submit its second report to counsel to the United States and counsel to Plaintiffs detailing the actions it has taken to comply with this Order. These reports shall include information on test calls required by paragraphs VII-IX, and the same data on actual TDD calls received. The reports shall also outline complaints received regarding TDD accessibility and the resolution of those complaints.
2. During the three-year period following the effective date of this Order, the District shall summarize and send results from each round of tests required by paragraphs VII-IX to the United States and to Plaintiffs every ninety (90) days after the date of this Order, along with a description of any actions taken to remedy inadequacies uncovered by the tests.
XV. Final Report
The District shall provide a final report to the United States and Plaintiffs forty-five (45) days prior to the expiration date of the Order, detailing the actions taken to comply with this Order and describing any actions taken to remedy inadequacies uncovered by tests. Within fifteen (15) days of receipt of the final report, the United States and Plaintiffs shall respond to the Final Report.
1. The District shall maintain all records and data utilized by the District in preparing the data and the reports contained in the progress reports required to be submitted in accordance with paragraph XIV for at least three years from the date of this Order; and
2. The District shall at all times maintain all records and data evidencing compliance with the Order necessary to document implementation and continued compliance.
The Court shall retain, until its expiration date as set forth in paragraph XVIII, jurisdiction over this Consent Order for the purposes of enforcing this Order, resolving any disputes that may arise under this Order and entering such further orders as may be appropriate.
This Order shall terminate three (3) years from the date of its entry. For those obligations which do not span the entire life of this Order, if and when the District believes that it has fulfilled its obligation, it shall so notify Plaintiffs and the United States. Plaintiffs and the United States shall inform the District if they agree the obligation has been fulfilled, and if so, the modification provisions of this Order in paragraph XII (3) shall be exercised; it is further
ORDERED that the trial in this matter will be limited to the issues of compensatory damages in an amount to be determined at trial by jury, the date of which shall be set by this Court; and it is further
ORDERED that the District shall compensate counsel for Plaintiffs Owens and Miller for attorneys fees and expenses incurred with respect to this matter, in an amount to be determined by this Court upon application by counsel for Plaintiffs.
United States District Judge
© 1992-2004 VersusLaw Inc.