Target Corporation’s Answer

TARGET CORPORATION’S ANSWER TO SECOND AMENDED COMPLAINT
HAROLD J. McELHINNY (CA SBN 66781)
MATTHEW I. KREEGER (CA SBN 153793)
KRISTINA PASZEK (CA SBN 226351)
HMcElhinny@mofo.com
MKreeger@mofo.com
KPaszek@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
Attorneys for Defendant
TARGET CORPORATION
NATIONAL FEDERATION OF THE BLIND, the NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, on behalf of their members and all others similarly situated, BRUCE F. SEXTON, on behalf of himself and all others similarly situated, MELISSA WILLIAMSON, on behalf of herself and all others similarly situated, and JAMES P. MARKS, on behalf of himself and all others similarly situated,
v.
TARGET CORPORATION
Defendant.
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT
Case No. C06-01802 MHP
TARGET CORPORATION’S ANSWER TO SECOND AMENDED COMPLAINT
Judge: Hon. Marilyn Hall Patel
Defendant Target Corporation (“Target”) answers the Second Amended Complaint
(“Complaint”) on file in this action as follows:
1.    Target denies the averments contained in paragraph 1 of the Complaint.
2.    The averments contained in paragraph 2 assert legal conclusions to which no 5 response is required.
3.    The averments contained in paragraph 3 assert legal conclusions to which no 7 response is required.
4.    The averments contained in paragraph 4 assert legal conclusions to which no 9 response is required.
5.    The averments contained in paragraph 5 assert legal conclusions to which no 11 response is required.
6.    Answering paragraph 6, Target admits that it conducts business, and operates retail stores, in the State of California. Except as expressly admitted, Target denies the averments contained in paragraph 6, and further denies the averments contained in this paragraph to the extent they state legal conclusions for which no response is required.
7.    Target is without knowledge or information sufficient to admit or deny the averments relating to the residency or existence of the various plaintiffs. Except as expressly admitted, Target denies the averments contained in paragraph 7.
8.    Target is without knowledge or information sufficient to admit or deny the 20 averments of paragraph 8.
9.    Target is without knowledge or information sufficient to admit or deny the 22 averments of paragraph 9.
10.    Target denies that Plaintiff Sexton “has been denied the full use and enjoyment of facilities, goods and services of Target.com” as averred in paragraph 10. Target is without knowledge or information sufficient to admit or deny the remaining averments of paragraph 10.
11.    Target denies that Plaintiff Williamson “has been denied the full enjoyment of the facilities, goods and services of Target.com, as well as to the facilities, goods and services of Target’s retail stores, as a result of accessibility barriers on Target.com” as averred in paragraph 11. Target denies that “the inaccessibility of Target.com has deterred her from shopping at Target stores” as averred in paragraph 11. Target denies the averments contained in this paragraph to the extent they state legal conclusions for which no response is required. Target is without knowledge or information sufficient to admit or deny the remaining averments of paragraph 11.
12.    Target denies that Plaintiff Marks “has been denied the full enjoyment of the facilities, goods and services of Target.com, as well as to the facilities, goods and services of Target’s retail stores, as a result of accessibility barriers on Target.com” as averred in paragraph 12. Target denies that Plaintiff was denied the use of the Target Club health club facilities and services, the exercise equipment, its hot tubs & spas, the pool, and any other features available to any other Target Club member. Target denies that “the inaccessibility of Target.com has deterred him from shopping at Target stores, and has forced him to have to pay an aide to accompany him when he does shop at Target stores” as averred in paragraph 12. Target denies the averments contained in this paragraph to the extent they state legal conclusions for which no response is required. Target is without knowledge or information sufficient to admit or deny the remaining averments of paragraph 12.
13.    Target admits that, among other things, it owns and operates retail stores in California and the United States. Target further admits that, among other things, it operates a website located at www.target.com. Except as expressly admitted, Target denies the averments contained in paragraph 13.
14.    Target is without information or belief sufficient to admit or deny the averments of paragraph 14. Target denies the averments contained in paragraph 14 to the extent they assert legal conclusions to which no response is required.
15.    Target is without information or belief sufficient to admit or deny the averments of paragraph 15. Target denies the averments contained in paragraph 15 to the extent they assert legal conclusions to which no response is required.
16.    Target is without information or belief sufficient to admit or deny the averments of paragraph 16. Target further denies the averments contained in paragraph 16 to the extent they assert legal conclusions to which no response is required.
17.    Target denies the averments of paragraph 17, and further denies the averments contained in this paragraph to the extent they assert that the website located at www.target.com is inaccessible. Target denies the averments contained in paragraph 17 to the extent they assert legal conclusions to which no response is required.
18.    Target denies the averments contained in paragraph 18, and further denies the averments contained in this paragraph to the extent they assert legal conclusions to which no response is required.
19.    Target denies the averments contained in paragraph 19, and further denies the averments contained in this paragraph to the extent they assert legal conclusions to which no response is required.
20.    Target denies the averments contained in paragraph 20, and further denies the averments contained in this paragraph to the extent they assert legal conclusions to which no response is required.
21.    Target denies the averments contained in paragraph 21, and further denies the averments contained in this paragraph to the extent they assert legal conclusions to which no response is required.
22.    Answering paragraph 22, no response is required.
23.    Target admits that, among other things, it operates retail stores in California and the Untied States. Except as expressly admitted, Target denies the averments contained in paragraph 23.
24.    Target admits that, among other things, it operates a website located at www.target.com, and that words “Powered by Amazon.com” appear within the website. Except as expressly admitted, Target denies the averments contained in paragraph 24, and further denies these averments to the extent they assert legal conclusions to which no response is required.
25.    Target admits that, among other things, it operates a website located at www.target.com, and that visitors to the website may browse and purchase merchandise. Except as expressly admitted, Target denies the averments contained in paragraph 25, and further denies these averments to the extent they assert legal conclusions to which no response is required.
26.    Target admits that the website located at www.target.com contains a store locator, online pharmacy, online photoshop, weekly advertisements, coupons, online wedding and baby registries and coupons, as well as certain information regarding its REDcardsm program, certain community programs, employment opportunities, investor and company policies, and products for sale on the website itself. Except as expressly admitted, Target denies the averments contained in paragraph 26.
27.    Target denies the averments contained in paragraph 27.
28.    Target denies the averments contained in paragraph 28.
29.    Target is without knowledge or information sufficient to admit or deny the allegations of paragraph 29, which are vague and ambiguous.
30.    Target is without knowledge or information sufficient to admit or deny the allegations of paragraph 30.
31.    Target denies that “well-established guidelines” exist or apply to the website located at www.target.com. Target is without knowledge or information sufficient to admit or deny the remaining allegations of paragraph 31.
32.    Target denies the averments contained in paragraph 32.
33.    Target lacks information or belief sufficient to admit or deny that the descriptions and definitions contained within paragraph 33 are necessary, sufficient or complete, and denies these averments for that reason. Target further denies the remaining averments contained in paragraph