34. Target lacks information or belief sufficient to admit or deny that the descriptions and definitions contained within paragraph 34 are necessary, sufficient or complete, and denies these averments for that reason. Target further denies the remaining averments contained in paragraph 34.
35. Target lacks information or belief sufficient to admit or deny that the descriptions and definitions contained within paragraph 35 are necessary, sufficient or complete, and denies these averments for that reason. Target further denies the remaining averments contained in paragraph 35.
36. Target denies the averments contained in paragraph 36.
37. Target denies the averments contained in paragraph 37.
38. Target denies the averments contained in paragraph 38, and further denies the averments contained in this paragraph for lack of information or belief regarding the shopping habits of plaintiffs or the class they purport to represent.
39. Target denies the averments contained in paragraph 39.
40. Target admits that it received a letter dated on or about May 5, 2005 from plaintiff National Federation of the Blind (“NFB”); that Target and NFB executed a standstill / tolling agreement; that plaintiffs initially filed this action in the Superior Court of California, County of Alameda; and that Target removed this action to federal court on or about March 9, 2006. Except as expressly admitted, Target denies the averments contained in paragraph 40, and further denies the existence of any “accessibility barriers” as alleged in NFB’s May 5, 2005 letter.
RESPONSE TO FIRST CLAIM FOR RELIEF
41. Answering paragraph 41, Target incorporates by reference the foregoing answers as though fully set forth herein.
42. Target denies the averments contained in paragraph 42, and further denies the averments in this paragraph to the extent that they assert legal conclusions to which no response is required.
43. Target admits that, among other things, it earns revenue from the sale of goods in California. Target denies the remaining averments contained in paragraph 43, and further denies the averments contained in this paragraph to the extent that they assert legal conclusions to which no response is required.
44. Target denies the averments contained in paragraph 44, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
45. Target denies the averments contained in paragraph 45, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
46. Target denies the averments contained in paragraph 46, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
47. Target denies the averments contained in paragraph 47, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
48. Target denies the averments contained in paragraph 48, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
RESPONSE TO SECOND CLAIM FOR RELIEF
49. Answering paragraph 49, Target incorporates by reference the foregoing answers as if set forth fully herein.
50. Target denies the averments contained in paragraph 50, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
51. Target denies the averments contained in paragraph 51, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
52. Target denies the averments contained in paragraph 52, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
53. Target denies the averments contained in paragraph 53, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
54. Target denies the averments contained in paragraph 54, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
55. Target denies the averments contained in paragraph 55, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
56. Target denies the averments contained in paragraph 56, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
RESPONSE TO THIRD CLAIM FOR RELIEF
57. Answering paragraph 57, Target incorporates by reference the foregoing answers as if set forth fully herein.
58. Target denies the averments contained in paragraph 58, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
59. Target denies the averments contained in paragraph 59, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
60. Target denies the averments contained in paragraph 60, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
61. Target denies the averments contained in paragraph 61, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
62. Target denies the averments contained in paragraph 62, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
63. Target denies the averments contained in paragraph 63, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
RESPONSE TO FOURTH CLAIM FOR RELIEF
64. Answering paragraph 64, Target incorporates by reference the foregoing answers as if set forth fully herein.
65. Target denies the averments contained in paragraph 65, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.
66. Target denies the averments contained in paragraph 66, and further denies the averments contained in this paragraph to the extent that they contain legal conclusions to which no response is required.