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Andrews v. Blick Art Materials, LLC

United States District Court, E.D. New York

August 28, 2017

VICTOR ANDREWS, on behalf of himself and all others similarly situated, Plaintiff,
v.
BLICK ART MATERIALS, LLC, Defendant.

          AMENDED MEMORANDUM ON THE COURT'S PREPARATION IN ANTICIPATION OF THE SCIENCE DAY HEARING

          Jack B. Weinstein, Senior United States District Judge.

         The court has scheduled a "Science Day" hearing to be held on October 18 and 19, 2017. See ECF No. 25. Its purpose is to assist the court in learning about technology and other factors relevant to the case.

         In anticipation of this hearing, the court has begun its own research on some of the technical issues which may be raised with respect to blind people using the Internet to "see" for purchases and related matters. See Andrews v. Blick Art Materials, LLC, 2017 WL 3278898 (E.D.N.Y. Aug. 1, 2017).

         Pursuant to good practice, when a court engages in such independent research, it should keep the parties fully informed.

"In [non-jury settings], . . . conferences can be used to allow the court to instruct itself from outside sources, and rules such as those limiting access to treatises have little applicability. What is vital, however, even in a bench trial, is that the parties be made aware of what information the judge is using and that they be given time to submit information to meet what they consider to be unreliable data."

         See Margaret A. Berger, et al., Evidence Manual Student Edition § 4.02, at 4-6 (9th ed.

         The knowledge gained through this independent investigation is expected to aid in the efficient resolution of the case. It will help enable the court to more fully engage with the experts and materials the parties present.

         Thus far, the court has collected the following articles, papers, and abstracts for study:

1. Ravi Kuber, Wai Yu, and M. Sile O'Modhrain, Evaluation of Haptic HTML Mappings Derived from a Novel Methodology, ACM Transactions on Accessible Computing, Vol. 3, No. 4, Art. No. 12 (Apr. 2011)
2. Stephanie Giraud, Pierre Therousanne, and Dirk D. Steiner, Conceptualization of a technical solution for web navigation of visually impaired people, IHM '15 Proceedings of the 27th Conference on l'Tnteraction Homme-Machine, Art. No. 24 (Oct. 27, 2015)
3. Andrii Soviak, Haptic Gloves for Audio-Tactile Web Accessibility, W4A '15 Proceedings of the 12th Web for All Conference, Art. No. 40 (May 18, 2015)
4. Kirk Norman, Yevgeniy Arber, and Ravi Kuber, How Accessible is the Process of Web Interface Design?, ASSETS '13 Proceedings of the 15th International ACM SIGACCESS Conference on Computers and Accessibility, Art. No. 51 (Oct. 21, 2013)
5. Roberto Manduchi and James Coughlan, (Computer) Vision Without Sight, 55 Communications of the ACM 1, 96-104 (Jan. 2012)
6. Andreas Hub, Tim Hartter, and Thomas Ertl, Interactive Tracking of Movable Objects for the Blind on the Basis of Environmental Models and Perception-Oriented Object Recognition Methods, ASSETS '06 Proceedings of the 8th international ACM SIGACCESS ...

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