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Reason
Reason
Eugene Volokh

Court Declines Pro Se Litigant's Request for Certain Disability Accommodations

From Judge John Tuchi's order last week in Doe v. City of Scottsdale (D. Ariz.):

Plaintiff filed a motion for "reasonable accommodations pursuant to Title II of the Americans with Disabilities Act … and Section 504 of the Rehabilitation Act … to ensure equal access to the Court and effective participation in pretrial proceedings." Plaintiff requests the Court make the following accommodations: (1) to conduct pretrial matters in writing only, or to the extent in-person hearings are required, to hear the parties by telephone or video-disabled conference only; (2) to permit Plaintiff "to seek written clarification" of orders before the Court issues her adverse consequences; (3) to refrain from issuing sanctions in the event Plaintiff's filings demonstrate "deviations in formatting, length, or explanatory detail"; and (4) limiting discovery, depositions, and meet-and-confer procedures to written format only.

The Court acknowledges that Plaintiff prefers to participate in this matter through writing, and the Court will keep that preference in mind. Ultimately, though, the Court has inherent authority to manage its docket, maintain decorum of the parties before it, and promulgate and enforce rules for the management of litigation. The Court observes that its general administration of matters does typically occur in writing or by telephone, but it declines to restrain its authority to address the parties in-person to the extent it becomes warranted or necessary.

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