UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO .

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Case: 5:18-cv-00102-BYP Doc #: 6 Filed: 03/06/18 1 of 5. PageID #: 327UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF OHIOEASTERN DIVISIONWALTER MITCHELL,Plaintiff,v.DOVER-PHILA FEDERAL CREDITUNION,Defendant.::::::::::Case No. 18-CV-00102-BYPJudge Benita Y. PearsonTHE OHIO CREDIT UNION LEAGUEANDTHE CREDIT UNION NATIONAL ASSOCIATION’SMOTION FOR LEAVE TO FILEBRIEF AS AMICI CURIAE SUPPORTINGDEFENDANT DOVERPHILA FEDERAL CREDIT UNION’SMOTION TO DISMISS THE COMPLAINTNow come The Ohio Credit Union League (“OCUL”) and The Credit Union NationalAssociation (“CUNA”), through the undersigned counsel, and hereby moves this HonorableCourt for an Order permitting them to file an amicus brief on behalf of, and supporting,Defendant Dover-Phila Federal Credit Union, in this litigation.The Ohio Credit Union League (“OCUL”) is the only state trade association for Ohio’scredit unions. OCUL and its affiliates serves nearly all of Ohio’s 282 credit unions and their2,900,000 members and also advocates for the rights and interests of all credit unions in Ohio,DMS/10909651v.1

Case: 5:18-cv-00102-BYP Doc #: 6 Filed: 03/06/18 2 of 5. PageID #: 328regardless of membership. Defendant Dover-Phila Federal Credit Union is a member of OCUL.Credit unions are not-for-profit, tax-exempt organizations that are owned and operated by theirmembers. OCUL engages in political and regulatory advocacy for its members and providesinformation on legal compliance, educational and professional development opportunities,benchmarking information, media relations, and outreach solutions for its members.The Credit Union National Association (“CUNA”) is the largest trade association in theUnited States serving America’s credit unions. With its network of affiliated state credit unionassociations, CUNA serves nearly 6,000 credit unions, which are owned by 110 million memberscollectively. Defendant Dover-Phila Federal Credit Union is a member of CUNA.This case arises from a recent spike in lawsuits and demand letters unfairly targeted atcredit unions and other entities due to unclear website accessibility requirements under theAmericans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. The Complaint is one of alitany of almost identical federal civil actions brought against numerous credit unions acrossOhio and the rest of the United States by Plaintiff and/or Plaintiff’s counsel within the past fewmonths.OCUL and CUNA and their member credit unions recognize the importance of the ADAand fully support the ability of all Americans to have access to a broad array of financialservices, including credit unions. Yet the ADA and the Department of Justice (“DOJ”)’sregulations are silent on website accessibility standards. For numerous years, DOJ gatheredinformation on standards for website accessibility and even issued an advance notice of proposedrulemaking intended to consider the feasibility of adopting formal accessibility standards.Unfortunately, however, the DOJ has yet to promulgate any website accessibility standards.Plaintiff and Plaintiff’s counsel are capitalizing on this regulatory vacuum with this action, alongDMS/10909651v.1

Case: 5:18-cv-00102-BYP Doc #: 6 Filed: 03/06/18 3 of 5. PageID #: 329with wholesale issuances of demand letters and identical threats of litigation to numerous othercredit unions across Ohio and in at least fourteen other states. The consequence of this meritlessand costly lawsuit, and others like it, is that real dollars are being taken out of the hands of creditunion member-owners across Ohio, but little is actually being accomplished for the disabled.As not-for-profit, community-based cooperative financial institutions, credit unions areuniquely focused on the needs of their members, especially those with disabilities, and supportthe protections of the ADA. However, this action is part of a growing and troublesome trend oflawsuits against community-focused credit unions, such as Defendant, which could result inOCUL’s and CUNA’s member credit unions being forced to curtail online services due tounreasonable litigation risk—to the detriment of their member-owners. Given the number ofthese suits and threatened suits, their geographic range, and the resources credit unions areexpending to defend them—resources that could otherwise be used to serve their members—OCUL and CUNA have a substantial interest in this case.There is considerable danger that case-by-case litigation will result in disparate accessrequirements, resulting in one credit union being subject to one set of standards and anothercredit union subject to another standard, or even the same credit union being subject to repeatedlawsuits based on ever-evolving private sector technological developments. OCUL’s andCUNA’s credit union members operate within this district and are targets and potential targets ofsimilar litigation; therefore, the Court’s ruling is important to OCUL’s and CUNA’smembership.Amici OCUL and CUNA, therefore, have a substantial interest in the Court’s resolutionof this case. Consequently, this Motion should be granted, and OCUL and CUNA should be3

Case: 5:18-cv-00102-BYP Doc #: 6 Filed: 03/06/18 4 of 5. PageID #: 330added as amici curiae parties to this litigation and permitted to file the attached Brief as AmiciCuriae./s/ Jamie A. LaPlanteJamie A. LaPlante (0082184)Porter, Wright, Morris & Arthur, LLP41 S. High Street, Suite 3100Columbus, Ohio 43215Telephone: 614.227.2085Fax: 614.227.2100jlaplante@porterwright.comCounsel for Amici Curiae The Ohio Credit UnionLeague and The Credit Union National AssociationOf Counsel:Jonathan Sandler (CA State Bar No. 227532)(Pro Hac Vice pending)Brownstein Hyatt Farber Schreck, LLP2049 Century Park East, Suite 3550Los Angeles, CA 90067Telephone: 310-500-4600Fax: 310-500-4602Email: jsandler@bhfs.comCounsel for Amicus Curiae The Credit UnionNational Association4

Case: 5:18-cv-00102-BYP Doc #: 6 Filed: 03/06/18 5 of 5. PageID #: 331CERTIFICATE OF SERVICEThe undersigned hereby certifies that on March 6, 2018, a copy of the foregoing was filedwith the Clerk of Court using the CM/ECF system. Notice of this filing will be sent by operationof the Court’s electronic filing system to all parties registered to receive electronic notice./s/ Jamie A. LaPlanteJamie A. LaPlante5

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4 added as amici curiae parties to this litigation and permitted to file the attached Brief as Amici Curiae. /s/ Jamie A. LaPlante Jamie A. LaPlante (0082184) Porter, Wright, Morris & Arthur, LLP 41 S. High Street, Suite 3100 Columbus, Ohio 43215

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