Notice of Class Action and Proposed Settlement A court authorized this notice. It is not a solicitation from a lawyer. It relates to matters that may be of interest to disabled residents and visitors of the City of Los Angeles. This notice may affect your rights. Please read the entire notice carefully. Unless otherwise stated, this notice incorporates by reference the definitions set forth in the Settlement Agreement which is described below. TO THE FOLLOWING INDIVIDUALS: ALL PERSONS (INCLUDING, WITHOUT LIMITATION, RESIDENTS OF THE CITY AND VISITORS OF THE CITY) WITH ANY DISABILITY WHO, AT ANY TIME: ACCESSED OR ATTEMPTED TO ACCESS A SIDEWALK, INTERSECTON, CROSSWALK, STREET OR OTHER PEDESTRIAN PATHWAY LOCATED IN THE CITY OF LOS ANGELES BUT WERE IMPAIRED OR UNABLE TO DO SO DUE TO (A) THE LACK OF A CURB RAMP OR CURB CUT, OR (B) A CURB RAMP OR CURB CUT THAT WAS DAMAGED, DEFICIENT, IN NEED OF REPAIR, OR OTHERWISE IN A CONDITION NOT SUTIABLE OR SUFFICIENT FOR USE, OR ALLEGE THAT THEY WOULD HAVE ACCESSED OR ATTEMPTED TO ACCESS A SIDEWALK, INTERSECTON, CROSSWALK, STREET OR OTHER PEDESTRIAN PATHWAY LOCATED IN THE CITY BUT FOR ALLEGEDLY BEING DENIED SUCH ACCESS DUE TO (A) THE LACK OF A CURB RAMP OR CURB CUT, OR (B) A CURB RAMP OR CURB CUT THAT WAS DAMAGED, DEFICIENT, IN NEED OF REPAIR, OR OTHERWISE IN A CONDITION NOT SUTIABLE OR SUFFICIENT FOR USE. The persons described above are referenced in this notice as the Settlement Class. Two putative class action lawsuits entitled Saundra Carter, et al. v. City of Los Angeles, Case No. BC363305, and Nicole Fahmie v. City of Los Angeles, et al., Case No. BC363305 (formerly Case No. BC381773) (the Consolidated Actions ), are currently pending in the Superior Court of the State of California for the County of Los Angeles. This Notice explains the nature of the litigation and the general terms of a proposed settlement of the Consolidated Actions. 1
BASIC INFORMATION 1. What is this settlement about? Plaintiffs Nicole Fahmie, Sang Kong, Michael Ashby, Dereck Parks, Shawn Monroe, Mary Rosolowski, Travon Terry, and David Gunther (collectively, the Named Plaintiffs ) have each filed putative class action claims against the City, alleging that the City has violated disability access laws by failing to install or remediate curb cuts or curb ramps that provide access to and from sidewalks and other pedestrian pathways located in the City. In the Consolidated Actions, the Named Plaintiffs seek, among other things, injunctive relief against the City to remedy such alleged inaccessibility of sidewalks and other pedestrian pathways. The Consolidated Actions are currently pending in the Superior Court of the State of California for the County of Los Angeles. 2. Why is this a class action? The Named Plaintiffs have filed their respective cases as a class action. In a class action, one or more individuals, called Class Representatives (in this case, Nicole Fahmie, Sang Kong, Michael Ashby, Dereck Parks, Shawn Monroe, Mary Rosolowski, Travon Terry, and David Gunther), bring suit on behalf of other people who have similar purported claims. All of these people together are members of an alleged class. If a class is certified by the Court, the issues are generally resolved in one proceeding for all class members. In the Consolidated Actions, Judge Emilie Elias of the Superior Court of the State of California for the County of Los Angeles (the Court ) is presiding over the case. 3. Why is there a settlement? The Named Plaintiffs and their attorneys believe that the claims asserted in the Consolidated Actions have merit. The City disputes the claims by the Named Plaintiffs and contends that it has done nothing wrong. The Court has not decided in favor of the Named Plaintiffs or the City. Instead, both sides have voluntarily agreed to a settlement of the Consolidated Actions under the terms set forth in the parties written Settlement Agreement. That way, the parties avoid the cost and uncertainties of a trial and other legal proceedings, and the Named Plaintiffs and the other individuals in the Settlement Class will receive the benefits described below. The Named Plaintiffs, as the Class Representatives, and their attorneys, as Class Counsel, believe that the settlement is fair, reasonable and adequate and in the best interests of the members of the Settlement Class. 2
4. How do I know if I am in the class? WHO IS IN THE CLASS The Court has preliminarily determined that the members of the Settlement Class will consist of everyone to whom this notice is addressed, as set forth on page 1 of this notice. The Court will issue a final determination regarding the scope of the Settlement Class at or after the Final Approval Hearing (as described in the section below entitled THE COURT S FINAL APPROVAL HEARING ). 5. What does the settlement provide? THE SETTLEMENT TERMS The full terms of the proposed settlement preliminarily approved by the Court (including the definitions of all capitalized terms in this Notice) are set forth in the parties written Settlement Agreement. The settlement terms include the following: Remediation Measures In order to address the accessibility of Curb Locations throughout the City and otherwise resolve the claims alleged in the Consolidated Actions, the Named Plaintiffs and the City have agreed that the following measures will be implemented during the Term of the Settlement Agreement: 1. Super-Priority Remediation. After the Judgment approving the terms of the settlement has become Final, members of the Settlement Class will be entitled to submit claims to have curb ramps or curb cuts installed or repaired at Curb Locations throughout the City on a Super-Priority basis, as described in the parties Settlement Agreement (i.e., Super-Priority Claims ). The City and the Named Plaintiffs will jointly select a Claims Administrator to conduct and supervise the preparation of the forms for submission of Super-Priority Claims and the receipt, review and processing of such claims. The City will be obligated to install or repair up to 1,000 curb ramps or curb cuts in response to those claims, at a cost of up to $3.5 million. The City will obligated to complete the remediation work for at least 500 Curb Locations within a 180-day period and to complete the remediation for the remaining up to 500 Curb Locations within a 360-day period. 2. Priority and Transition Area Remediation. Following the completion of the Super Priority phase, members of the Settlement Class will be entitled to submit claims to have curb ramps or curb cuts installed or repaired at Curb Locations throughout the City on a Priority basis, as described in the parties Settlement Agreement (i.e., Priority Claims ). The Claims Administrator will conduct and supervise the preparation of the forms 3
for submission of Priority Claims and the receipt, review and processing of such claims. The City will be obligated to perform remediation work in response to Priority Claims for a period of 20 years. In addition, the City will be required to perform certain remediation work in various areas in the City that have been designated as priority areas based, among other things, on the location of government offices, transportation routes, schools and shopping centers ( Transition Area Remediation ). Each fiscal year, for a period of 20 years, the City will perform Transition Area Remediation and Priority Claims remediation with available funding of up to $4.0 million per year from designated sources. 3. Completion of Transition Area Remediation. The City will be obligated to complete, within an 25-year period, all Transition Area Remediation as required under the terms of the Settlement Agreement and the Americans with Disabilities (ADA) Revised Transition Plan, prepared by the City in September 2000 in accordance with federal regulations promulgated under the Rehabilitation Act of 1973 (29 U.S.C. 794 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 4. Survey. The City will be obligated to complete a formal Survey reasonably calculated to assess the total number of Curb Locations in the City (that are not owned or controlled by third party governmental entities) that require remediation to make the Curb Locations accessible to members of the Settlement Class. 5. Advisory Committee. The City will be obligated to establish an Advisory Committee to examine the results of the Survey, the implementation of the terms of the parties Settlement Agreement and such other information as the committee deems relevant to examine the status of the completed and uncompleted Curb Location remediation within the City boundaries (and within the City s control) and to report to the City and Class Counsel its findings and recommendations as to how the City should use future appropriations of money for curb ramp installation and other related construction work. The City s Bureau of Street Services will be required to study the Advisory Committee s report and submit such report, along with its own recommendations, to the City Council and Office of the Mayor. 6. Retention of the Superior Court Jurisdiction. The City and the Named Plaintiffs agree that Class Counsel will be appointed by the Court to represent and protect the interests of the members of the Settlement Class. The City will be obligated to provide annual reports to Class Counsel regarding remediation work and to conduct periodic meetings with Class Counsel to discuss and review the implementation of the terms of the Settlement Agreement. The City and the Named Plaintiffs will also be required to submit annual reports regarding the implementation of the Settlement Agreement to the Court, which shall retain jurisdiction over the Parties to enforce the terms of the Judgment approving the Settlement Agreement. 4
No Right to Opt Out of the Settlement The Settlement Agreement provides that members of the Settlement Class will not be able to opt out of the Settlement Class if the Court grants final approval of the proposed settlement. However, any member of the Settlement Class is entitled to object to the settlement and to oppose final approval of the settlement in accordance with the prescribed procedure for making an objection and opposing final approval (as discussed below in section 9 of this notice). Release of Claims The Settlement Agreement provides that if the Court grants final approval of the proposed settlement, all members of the Settlement Class shall be deemed to have released the City and any and all departments, divisions, commissions, commissioners, agencies, officers, employees, agents, representatives, board members, officials, bureaus, assigns, assignors, attorneys, offices, corporations, partnerships, partners, affiliates, predecessors, successors, employee welfare benefit plans, pension or deferred compensation plans (and their trustees, administrators and other fiduciaries) of the City and any other person or entity acting or purporting to act by, through, under, in concert with or on behalf of the City or any of them with respect to the matters described in the Settlement Agreement from any and all claims, rights, demands, charges, complaints, actions, lawsuits, liabilities, losses, injuries, obligations, allegations, disputes and causes of action of any kind, whether asserted as individual claims or as claims on a class basis or on behalf of the general public, and whether known or unknown, suspected or unsuspected, asserted or unasserted, actual or contingent, or liquidated or unliquidated, for (i) injunctive, declaratory or other non-monetary relief, however described, or (ii) Statutory Damages, that are based on conduct or conditions preceding entry of Judgment, that were brought, could have been brought or could be brought now or in the future under any Accessibility Laws, and that relate in any way to the inaccessibility or alleged inaccessibility of any sidewalk, intersection, crosswalk, street or other pedestrian pathway located in the City due to (i) the lack of a curb ramp or curb cut, or (ii) a curb ramp or curb cut that is or was damaged, deficient, in need of repair, or otherwise in a condition not suitable or sufficient for use. 6. What will happen if the settlement is approved? If the Court grants final approval of the proposed settlement, it will enter a judgment that will be binding on all members of the Settlement Class, who will be deemed to have agreed to the terms of the settlement and will not be able to opt out of the Settlement Class. While the members of the Settlement Class will be entitled to submit requests for remediation of Curb Locations throughout the City in accordance with the remediation programs described in section 5 above, they will not be provided with any monetary award and they will be barred from prosecuting in the future certain claims that they may have against the City concerning the matters at issue in the pending litigation, including claims for Statutory Damages. However, the settlement will not bar members of the Settlement Class 5
from bringing claims for any actual damages incurred due to personal physical injury or property damage. In addition, if the Court approves the proposed settlement and enters the judgment requested by the Parties, such judgment will apply to all members of the Settlement Class, including members who may be represented in connection with other pending lawsuits or proceedings against the City (including, for example, an action entitled Beverly Overton v. City of Los Angeles, Case No. CV10 8882 GAF (FMOx), pending in the United States District Court for the Central District of California; an action entitled Norman Allen v. City of Los Angeles, Case No. CV 10 0576 PSG (FFMx), pending in the United States District Court for the Central District of California; and a class action lawsuit entitled Mark Willits, et al. v. City of Los Angeles, Case No. CV10 5782 CBM (RZx), pending in the United States District Court for the Central District of California (the Willits Action ). The Willits Action is a class action involving claims that the City has violated federal disability access laws, among other things, due to the condition of sidewalks and curb ramps located in the City. If you would like additional information about the Willits Action, counsel for the plaintiffs in that action are as follows: Disability Rights Legal Center, Shawna L. Parks or Surisa Rivers, 919 Albany Street, Los Angeles, CA 90015, 866-999- 3752, Email drlc@lls.edu. THE LAWYERS REPRESENTING THE CLASS 7. Do I have a lawyer in this case? The Court has approved law firm of Arias Ozzello & Gignac LLP and the Law Offices of Morse Mehrban to represent you and the other members of the Settlement Class in this matter. Together, such counsel are called Class Counsel. You will not be charged for the services provided by these lawyers. 8. How will the lawyers be paid? Class Counsel will ask the Court for an award of attorneys fees and expenses. In accordance with the terms of the Settlement Agreement, the City will pay the fees and expenses that the Court awards. 6
OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the settlement or some part of it. 9. How do I tell the Court that I don t like the settlement? If you are a member of the Settlement Class, you can object to any part of the settlement. You can give the reasons why you think that the Court should not approve it. The Court will consider your views. To object, you must send a letter or other document stating that you object to the settlement. Please be sure to include your name, address, telephone number, your signature, a reference to the pending actions, the portions of the settlement to which you object, and the reasons that you object. You must mail your objection (first class mail, postage paid), postmarked no later than July 21, 2011, to all of the following: COURT Clerk of the Court Los Angeles Superior Court 600 South Commonwealth Avenue Los Angeles, California 90005 CITY COUNSEL David Raizman, Esq. Drinker Biddle & Reath LLP 1800 Century Park East, 14th Floor Los Angeles, California 90067 CLASS COUNSEL Mike Arias, Esq. Arias Ozzello & Gignac LLP 6701 Center Drive West, 14th Floor Los Angeles, California 90045 CLASS COUNSEL Morse Mehrban, Esq. Law Offices of Morse Meharban 12100 Wilshire Boulevard, 8th Floor Los Angeles, California 90025 THE COURT S FINAL APPROVAL HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak (provided that you have duly filed and served your objections, as described above), but you do not have to attend or ask to speak. 10. When and where will the Court decide whether to approve the settlement? The Court will hold a Final Approval Hearing at 10:00 a.m. on September 2, 2011, at the Los Angeles Superior Court, 600 South Commonwealth Avenue, Los Angeles, California 90005 in Department 324. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with their obligations regarding making objections. The Court may also decide how much to pay Class 7
Counsel for attorneys fees and costs. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. The date and time of the Final Approval Hearing may be changed by the Court. You may check the website of Arias Ozzello & Gignac LLP (www.aogllp.com) or the website of the Los Angeles Superior Court (www.lasuperiorcourt.org), or you may contact Class Counsel as set forth in Section 13 below, for information regarding any change of the date or time of the Final Approval Hearing. 11. Do I have to come to the hearing? No. Class Counsel will answer any questions that the Court may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time and in accordance with the rules above, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary. 12. May I speak at the hearing? You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must submit a written objection as described in Section 9 above and a Notice of Intention to Appear in the actions entitled Nicole Fahmie v. City of Los Angeles, Case No. BC363305, and Saundra Carter, et al. v. City of Los Angeles, Case No. BC363305. Please be sure to include your name, address, telephone number, and your signature. You must mail your Notice of Intention to Appear (first class mail, postage paid), postmarked no later than July 21, 2011, to all of the following: COURT Clerk of the Court Los Angeles Superior Court 600 South Commonwealth Avenue Los Angeles, California 90005 CITY COUNSEL David Raizman, Esq. Drinker Biddle & Reath LLP 1800 Century Park East, 14th Floor Los Angeles, California 90067 CLASS COUNSEL Mike Arias, Esq. Arias Ozzello & Gignac LLP 6701 Center Drive West, 14th Floor Los Angeles, California 90045 CLASS COUNSEL Morse Mehrban, Esq. Law Offices of Morse Meharban 12100 Wilshire Boulevard, 8th Floor Los Angeles, California 90025 8
13. How do I get more information? The description of the litigation and the settlement discussed in this Notice is general and does not cover all of the issues and details. More details (including the definitions of all capitalized terms in this Notice) are set forth in the parties Settlement Agreement. You can get a copy of the Settlement Agreement by writing to Class Counsel at the following address: Mike Arias, Esq. Arias Ozzello & Gignac LLP 6701 Center Drive West, 14th Floor Los Angeles, California 90045 You may also obtain more information about the lawsuit from the case file, which is available from the Clerk of the Court, Superior Court of the State of California for the County of Los Angeles, 600 S. Commonwealth Avenue, Los Angeles, California 90005. The Clerk will make the file relating to this litigation available to you for inspection and copying, at your own expense, during the Court s normal business hours. PLEASE DO NOT CONTACT THE CLERK OF THE COURT OR ANY JUDGE OF THE LOS ANGELES SUPERIOR COURT TO ASK QUESTIONS ABOUT THE SETTLEMENT DESCRIBED IN THIS NOTICE. 9