Lonberg v City of Riverside - DRA nd DREDF Amicus Brief
Click on the title to open the pdf file. There are two files and two NEWS BRIEF postings to read.
Friday, May 21, 2010
Lonberg v City of Riverside -Transition Plan, private right of action
Please read the two Amicus Briefs regarding a private right of action for ensuring our cities and government entities have promulgated and performed to an ADA tansition plan.
Friday, May 7, 2010
OPPOSE Ralph's Settlement!
Californians for Disability Rights, Inc.
!! ALERT !! For Immediate Action!
ALERT!!Ralph's Grocery Class Settlement Fairness Hearing.
Filing date to Object: May 17th 2010.
Los Angeles, California - May 7, 2010
Ralph's Grocery was sued by the American Disability Institute and
named individuals, and are proposing a settlement that may
substantially impair your rights to gain access for existing or
future barriers to access to goods and services at any
Ralph's Gocery Store in California.
Californians for Disability Rights, Inc., believes that this
settlement is detrimental to the rights of indiduals with
mobility disability and encourages you to read the
court filings carefully.
CDR has prepared a letter for you to complete and file with the Court.
TIME IS OF THE ESSENCE!
Read Documents from here:
http://www.ralphscaliforniadisabledaccesssettlement.com/
Form letter upload:
http://cdr-17.org/ralphsobjectionletter2010-05.doc
Compose your own letter or use the letter format with
fill-ins that CDR has prepared. NOTE: The Court requires:
a)The name and number of the lawsuit which is:
Henry Pereira and American Disability Institute vs. Ralph's
Grocery Company, No. CV 07-841 PA
b) Your full name and address
c) a statement whether you intend on appearing at the fairness
hearing on June 28th.
d) A statement that you are a member of the class alleged herein.
e) The date and location of the store(s) at which you
suffered discrimination.
f) A detailed statement of your specific objections and
ground for your objections, and
g) Copies of all documents and writings you desire
the Court to consider.
Said written objection shall be filed with the
Clerk of the District Court,
312 N. Spring Street,
Los Angeles, CA 90112 no later than May 17, 2010:
Copies of the objection shall ALSO be mailed to the following counsel:
1) Brodsky and Smith, LLC (atten: Evan Smith)
Two Bala Plaza, Suite 602,
Bala Cynwyd, PA 19004
2) Greenberg Traurig, LLC 9atten: Greg Hurley)
3161 Michelson Drive,
Irvine, CA 92612
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Among the many problems with this Settlement:
This settlement says that Ralph's is forever considered
totally compliant with all federal and State Access Laws and
Regulations, based on surveys an un-named person or company
prepared, with no attributes of what was surveyed, and no
statement of work product or work completed or work contemplated.
This settlement bars all future rights to reasonable attorney's fees in
any dispute or complaint about access in any Ralph's store anywhere
in the state of California.
This settlement refers all future complaint(s) to Ralph's
defense attorneys for a ninety day notice requirement.
This settlement substantially and permanantly changes your
rights to address access complaints in any Ralph's Store in California.
Letter to the Court (or write your own)
________________________________
________________________________
________________________________
The Honorable Percy Anderson, United States District Judge
United States District Court for the Central District of California
312 North Spring Street -Courtroom 15
Los Angles, Ca., 90112
RE: FILE OPPOSITION - Fairness Hearing Henry Pereira and
American Disability Institute vs. Ralph's Grocery Company, No. CV 07-841 PA
Dear Sir:
My name is _______________________and I reside in _____________
County of ______________in the State of California.
I am a person with a mobility disability that impairs one or more functions
of daily living. I routinely shop at Ralph's Grocery at: _______________
_________________________________ in _______________California.
I experienced discrimination for the reasons of:
___ Parking not to code _________________________________
___Bathrooms not accessible and lacking__________________________
________________________________________________________
___Accessible Checkout lines blocked or closed ____________________
___Front entrance and path of travel blocked or not accessible__________
________________________________________________________
___Products displayed in a manner to block access to selecting products to
buy. ____________________________________________________
___Point of Sale Card Reader not useable___________________________
___Other_____________________________________________________
I was last at Ralph's where I experienced an access problem on________, but
issues of access and accessibility are routinely a problem as I try to shop for
goods at Ralph's Grocery.
I am writing to oppose the settlement as constructed as it is not specific to
outlining the accessibility and service issues that I routinely experience. There is
no statement in the settlement that assures me that my right to the goods and
services provided by Ralph's Grocery are being protected and made available
to me as currently required under Federal and State Statues and regulations. There is
no statement in the settlement that leads me to believe that access modifications
have been or will be made to remedy the problems I routinely encounter
at Ralph's Grocery. I do not believe this settlement is in the best interest of me
personally or the class of person's with mobility impairments in California.
This settlement will substantially alter my rights as an individual with a disability
to gain access to goods and services at Ralph's Grocery. I vigorously oppose
this settlement and ask the Court to deny this abridgement of my rights and the
rights of all class members, persons with mobility impairments in California.
___I intend to appear at the Hearing on June 28th at 1:30PM
Respectfully submitted,
________________________
______________________________
Additional Issues I wish the Court to consider___________________________
___________________________________________________________________
____________________________________________________________________
About Californians for Disability Rights
Originally organized in 1970 as the California Association of the Physically Handicapped--CAPH--with five members, CDR has grown to become an effective and widely respected cross-disability advocacy force.
Our Mission -
To Improve the Quality of Life for All Persons
with any Disability Through Education and Training
- By Working to Remove Barriers
Through Advocacy and Change in Public Policy
Visit the CDR web page at: www.disabilityrights-cdr.org
JOIN TODAY!
Californians for Disability Rights
909 12th Street
Suite 200
Sacramento, CA 95814
Friday, January 22, 2010
NEW WORLD - News Brief extra edition Vol 1 Dec - Jan 2010
New World - News Brief
Extra Edition Vol 1 December - January 2010
Breaking News!
Caltrans reaches settlement in CDR and CCB vs Caltrans Lawsuit! Dec. 22, 2009
Landmark Class Action Settlement paves way for access for persons with mobility and visual impairments along the 2500 miles of sidewalk and state park and ride facilities built and maintained by CALTRANS. The lawsuits were filed by Disability Rights Advocates [DRA] for class representatives Californians for Disability Rights, Inc.[CDR], California Council of the Blind [CCB], and individuals Ben Rockwell and Dimitri Belser in 2006 and 2008. The Court will review the settlement and hold a hearing on January 26th 2010 to determine whether it will grant preliminary approval. The final approval hearing is scheduled for April 27th, 2010.
Terms of settlement: Caltrans has agreed to spend 1.1 billion dollars over the next 30 years to make existing sidewalks and park and ride facilities accessible.
When Caltrans resurfaces its roadways it will also install new curb ramps where they are lacking, and upgrade existing ramps that are non-compliant along the adjacent sidewalks.
Caltrans will ensure that all new construction and alterations undertaken comply with federal and state access requirements.
Caltrans will ensure that, when temporary pedestrian routes around and through construction sites affecting sidewalks and park and rides are provided, such routes are accessible to persons with mobility and/or visual impairments.
Caltrans has agreed that all CapM projects will be treated as triggering the obligation to install and/or upgrade adjacent curb ramps.
Caltrans will allocate twenty-five million dollars a year for five years for access; 35 million a year for the next ten years; forty million a year for the following ten years and forty-five million a year for the final five years of the funding and compliance monitoring agreement.
Caltrans will hire a mutually agreed upon compliance monitor for the first seven years of the agreement, class counsel will monitor the remainder of the thirty year agreement.
Prior to these lawsuits being filed, Caltrans routinely allocated one million dollars a year for access. After a Senate Rules Committee Hearing in 2008, where CDR, CCB, Disabled in State Service [DISS] and others objected to the appointment of Dale Bonner to head the agency responsible for Caltrans, the annual funding allocation was increased to ten million dollars a year under an admission that the previous funding was “inadequate.” Caltrans funds the work on its highways and pedestrian facilities out of a program fund called State Highway Operation Protection Plan [SHOPP]. This program has historically been underfunded with needs outpacing available funding; SHOPP has decreased funding from 2.6 billion dollars a year to 1.5 billion in the most recent funding year. The total needs tied to the SHOPP program continues to increase from an annual need of 3.9 billion to 6.3 billion a year.
Damages: The class representatives and class counsel all decided when entering this case to only address the barrier removal issues [injunctive relief] and leave damage claims to individual lawsuits. This settlement does not release any damage claims that any individual class member may wish to pursue.
Caltrans will make district and state ADA coordinators available, and provide an easy to access complaint format for class members to file and monitor complaints regarding access issues.
“Caltrans is committed to addressing the mobility needs of all Californians and takes seriously its responsibilities under the Americans with Disabilities Act.” said Caltrans Director Randy Iwasaki.
Caltrans has placed a copy of the settlement agreement at: http://www.dot.ca.gov/Documents/Master_Stipulation_and_Settlement_Agreement.pdf
If you need further information you may contact:
Charles Wahnon, Manager Americans with Disabilities Act Program
916-324-1353 email: charles.wahnon@dot.ca.gov
Class Counsel: Disability Rights Advocates, Larry Paradis and Marylee Kimber
Contact 510-665-8644; AARP Foundation Litigation, contact Mark Beach 916-952-8569; and Jose Allen, a partner at Skadden, Arps, Meagher & Flom LLP, San Francisco, Ca.
“This landmark settlement recognizes the essential need to provide access for persons with disabilities,” said Laurence Paradis, Executive Director of Disability Rights Advocates and lead counsel for the Plaintiffs.
Jeff Thom, president of the California Council of the Blind stated “This settlement is a milestone for thousands of blind and low vision people as it will lead to changes that enable them to safely navigate Caltrans sidewalks.”
“Millions of people with disabilities across the state of California will benefit from this settlement” stated Laura Williams, president of Californians for Disability Rights, Inc., “it will also serve as a model for other public entities across the state and nation for providing safety and equal access.”
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CDR Needs Your Help!
This has been a difficult year for CDR - as we know it has been for so many of our members. Member renewals are at an all time low - making it hard to pay our monthly bills and stay open for you, our members.
PLEASE! Send in your member renewals today! Donations gratefully accepted!
You can make on-line donations thru our FaceBook connection with NetWork for Good. Find us with our email: CDR4info@aol.com where we have a forty year anniversary campaign ongoing; asking for one dollar for each of CDR's years of advocacy. Your donation in any amount you can give will help CDR through this hard year and lay the foundation for the next forty years. Thank you for taking action - thank you for your consideration.
MAIL TO: CDR
909 12th Street Suite 200
Sacramento, CA 95814
Regular member dues $25.00 yearly on July 1st
Student/lowincome $10.00 - Family $40.00
http://www.facebook.com/CAPH.CDR
http://www.disabilityrights-cdr.org/aboutcdr/about.html
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NOTE from your editor - We expect you have been missing the full issues of the New World. Unfortunately the cost of $1000.00 per volume has made getting an issue out just impossible. So the State Council voted to prepare and issue this small version so that we can stay in touch with our membership. This issue was to be on Universal Design and CDR's legislation on Visitability - but when word came in on the Clatrans settlement, that issue was held in favor of this breaking news. Enjoy!
NOTE for Email recipients of this New World - News Brief - if you are getting this in email, or we have you listed in the MembersXchange list, you will not be getting a mailed copy of this issue. All the mailed copies will have gone out by the third week of January. The mailed version has been provided as a courtesy to members by your president and editor. No CDR funds have been used to print, mail or send this issue.
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Help keep the doors open at CDR! Renew or Donate TODAY!
2009 has been a difficult year for CDR and its members - but we need your support for CDR to continue for the next forty years of advocacy and representation of members and chapters statewide.
Student/low income $10.00 a year - Regular membership $25.00 a year - Family membership [two] $40.00 a year plus $4.00 for each additional family member. Annual dues become payable on July 1st of each year. Donations to the CDR Foundation are tax deductible.
MAIL TO: CDR 909 12th Street Suite 200, Sacramento CA 95814
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LINKS: http://cdr-foundation.blogspot.com/
http://cdr-issad.blogspot.com/
http://dis-obit.blogspot.com/
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Wednesday, January 13, 2010
CLASS NOTICE Boggs Vs MTA - Blind and Visually impaired
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 blind and visually impaired customers of the Los Angeles County Metropolitan Transportation Authority, also known as Metro.
This notice may affect your rights. Please read the complete notice carefully. Unless otherwise stated, this notice incorporates by reference the definitions set forth in the parties’ Settlement Agreement described below.
THIS NOTICE IS DIRECTED TO THE FOLLOWING INDIVIDUALS:
All visually impaired individuals who, at any time since July 8, 2002:
• Were passengers or potential passengers on any bus operated by Metro; or
• Attempted to obtain (or, due to their visual impairment, were deterred from attempting to obtain) information from Metro regarding bus services (including without limitation via Metro’s website or telephone lines, or seeking or requesting information from Metro in any accessible or alternate format – e.g., Braille, large print, audio format); or
• Otherwise believe they experienced discrimination or were denied full and equal access as a passenger or potential passenger on a Metro bus on account of their visual impairment.
A class action lawsuit entitled Boggs, et al. v. Los Angeles County Metropolitan Transportation Authority, Case No. BC336334 (the “Action”), is 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 Action.
BASIC INFORMATION
1. What is this Action about?
Two individuals named Rick Boggs and Amber McLain Boggs (“Plaintiffs”) have filed a class action lawsuit against the Los Angeles County Metropolitan Transportation Authority (“Metro”), alleging that Metro has violated California disability access laws by failing to call out stops on buses; failing to stop and pick up visually impaired passengers; failing to provide schedule and route information in accessible formats; and failing to make its public website accessible by screen-readers commonly used by the visually impaired. Metro denies these allegations and denies that it has violated disability access laws.
2. Why is this a class action?
The Plaintiffs filed this case as a class action. In a class action, one or more individuals, called “Class Representatives” (in this case, Rick and Amber Boggs), file suit on behalf of other people with similar alleged claims. All of these people together are members of a proposed class. If the Court certifies the case as a class action, the issues are resolved in one proceeding for all class members. The Honorable Ann I. Jones of the Los Angeles Superior Court is presiding over the case.
3. Why is there a settlement?
The Plaintiffs and their attorneys believe the claims asserted in the Action have merit. Metro disputes the claims and denies that it has violated disability access laws or otherwise discriminated against the visually impaired. The Court has not decided in favor of the Plaintiffs or Metro. Instead, both sides have voluntarily agreed to a settlement of the Action and have signed a written Settlement Agreement. This way, the parties avoid the costs and uncertainties of a trial and other legal proceedings, and the Plaintiffs and the other individuals in the class will receive the benefits described below. The Plaintiffs, as the Class Representatives, and their attorneys, as Class Counsel, believe that the settlement is fair, reasonable, adequate, and in the best interests of the Class Members.
WHO IS IN THE CLASS
4. How do I know if I am in the class?
Everyone who fits the following description is automatically a Class Member unless you "opt out" (i.e., request to be excluded) from the Class as set forth below:
All visually impaired individuals who, at any time since July 8, 2002:
• Were passengers or potential passengers on any bus operated by Metro; or
• Attempted to obtain (or, due to their visual impairment, were deterred from attempting to obtain) information from Metro regarding bus services (including without limitation via Metro’s website or telephone lines, or seeking or requesting information from Metro in any accessible or alternate format – e.g., Braille, large print, audio format); or
• Otherwise believe they experienced discrimination or were denied full and equal access as a passenger or potential passenger on a Metro bus on account of their visual impairment.
5. How do I opt out of the settlement?
If you remain a member of the Class, you will be bound by the Court's order and judgment (if the settlement is approved by the Court) granting final approval to the settlement terms and dismissing the Action, and you will waive and release all specified claims against Metro. If you wish to be excluded from the settlement and/or pursue your own claim or lawsuit, you must submit a written request for exclusion or "opt out." Your written "opt out" request must state your name, address and telephone number, and state "I wish to opt out of the class action settlement in the Boggs lawsuit" or similar language. You must sign the opt out request and send it by (1) first class mail (postage paid) postmarked on or before February 22, 2010 to Boggs v. MTA Claims Administrator, c/o Desmond, Marcello & Amster, P.O. Box 451999, Los Angeles, CA 90045; (2) email to boggssettlement@dmaclassaction.com on or before February 22, 2010; or (3) fax to (310) 216-0800 on or before February 22, 2010. If you submit a timely request to opt out, you will not participate in the settlement and you will not be a Class Member. If you opt out, you may not object to the settlement in court and you may not submit a claim for the free Bus Pass Benefit.
THE SETTLEMENT TERMS
6. What does the settlement provide?
Under the basic terms of the settlement, Metro has agreed to the following improvements to its services:
1) Metro has agreed that its automated announcement system will continue to call out all stops on bus routes for a minimum of three years, and Metro will require and train its bus drivers to verbally announce all stops should the automated system not be operational;
2) Metro will upgrade its website to ensure that bus schedule, route, and fare information, the Trip Planner feature, and the online Customer Comment Form are accessible (in accordance with W3C standards) with commonly used screen-reader software for the visually impaired;
3) Metro will install Braille and raised number signage at 500 frequently used multi-zone bus stop locations to enable visually impaired customers to identify the routes serving those stops through the upcoming "511" automated phone system;
4) Metro will install Braille and raised number signage onboard all Metro buses to enable visually impaired customers to identify the coach number of the bus;
5) Metro will enhance its undercover monitoring program and procedures for investigating accessibility complaints by visually impaired customers;
6) Subject to certain limitations, Metro will provide Braille schedules for bus routes upon request from visually impaired persons;
7) Metro will establish a sub-committee of its existing Accessibility Advisory Committee to address accessibility concerns unique to the visually impaired;
8) Metro will conduct a survey of visually impaired passengers about their use of Metro’s buses to determine whether additional changes to policies or practices are warranted to improve accessibility of bus services for the visually impaired;
9) Metro will provide free bus passes good for a one-year period for unlimited use on Metro buses for all qualifying visually impaired claimants (“Bus Pass Benefit”). To obtain a Claim Form for the Bus Pass Benefit, you may choose from the following methods: (1) submit a request to Boggs v. MTA Claims Administrator, c/o Desmond, Marcello & Amster, P.O. Box 451999, Los Angeles, CA 90045, or by e-mail boggssettlement@dmaclassaction.com, or fax (310) 216-0800; (2) pick up a Claim Form in person from Metro Legal Services at One Gateway Plaza, 3rd Floor, Los Angeles, CA 90012; or (3) download a Claim Form from the Internet at http://www.metro.net/notice.
RELEASE OF CLAIMS
7. What will happen if the settlement is approved?
If the Court approves the proposed settlement, the Court will enter a judgment that will dismiss the Action on the merits and with prejudice as to all Class Members, and Metro will proceed to implement the improvements to its services in accordance with the Settlement Agreement. In addition, each qualifying Class Member who submits a timely and complete application will receive the Bus Pass Benefit. All Class Members will be deemed to have agreed to the terms of the Settlement and will be barred from prosecuting any claims they may have against Metro concerning the matters at issue in the Action arising at any time up until the final approval of the Settlement.
Each Class Member who does not timely opt out of the Settlement, and their respective heirs, executors, estates, predecessors, successors, assigns, agents and representatives, will forever and fully release and discharge Metro, its past, present and future officers, directors, employees, attorneys, predecessors, successors, divisions, subsidiaries, parent and affiliated entities, representatives, agents, contractors, assigns, and all persons acting by, through, under or in concert with any of them, including any party that was or could have been named as a defendant in the Action (collectively, “Released Parties”) from any and all past and present claims, demands, and causes of action arising during the Class Period as alleged in the Complaint or the First Amended Complaint (collectively, “Released Claims”).
THE LAWYERS AND PLAINTIFFS REPRESENTING THE CLASS
8. Do I have a lawyer in this case?
The Court has approved the law firm of Arias, Ozzello & Gignac LLP and Eugene Feldman, Esq. to represent you and the other Class Members in this matter. Together, these lawyers are referred to as “Class Counsel.” You will not be charged for the services provided by Class Counsel.
9. How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorney’s fees up to $350,000 and reimbursement of litigation-related expenses up to $57,000. In accordance with the terms of the Settlement Agreement, Metro will pay the fees and expenses that the Court awards and has agreed not to oppose an application to the Court for an award of attorney’s fees and reimbursement of expenses in these amounts. In addition, the two Class Representatives will ask the Court for an award for services rendered on behalf of the Class up to $20,000 each. Under the Settlement Agreement, Metro will pay the service payments that the Court awards to the two Class Representatives.
OBJECTING TO THE SETTLEMENT
You have the right to tell the Court that you object to the settlement or some part of it.
10. How do I tell the Court that I don’t like the settlement?
If you are a Class Member and believe the Settlement is not fair, reasonable, and adequate, you have the right to object to it and to give the reasons why you think the Court should not approve it. The Court will consider your objection but is not required to follow it. If you wish to object, you must do so in writing, stating that you object to the Settlement and including your name, address, telephone number, your signature, a reference to the pending lawsuit, and the reasons for your objection. To submit your objection, you may choose from the following methods: (1) first class mail (postage paid), postmarked on or before February 22, 2010, to Boggs v. MTA Claims Administrator, c/o Desmond, Marcello & Amster, P.O. Box 451999, Los Angeles, CA 90045; (2) e-mail to boggssettlement@dmaclassaction.com on or before February 22, 2010; or (3) fax to (310) 216-0800 on or before February 22, 2010.
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, but you are not required to do so.
11. 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 March 29, 2010, in Department 308 of the Los Angeles Superior Court, 600 South Commonwealth Avenue, Los Angeles, California 90005. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court will also decide how much Class Counsel will be paid for attorneys’ fees and costs and how much the Class Representatives will be paid for their time and effort on behalf of the Class. After the hearing, the Court will decide whether to approve the settlement. It is not known how long these decisions will take.
12. Do I have to come to the hearing?
No. Class Counsel will advise the Court of any objections received from Class Members and answer any questions that the Court may have. However, you are welcome to come at your own expense. If you submit a timely objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but you are not required to do so.
13. 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 notice, stating that you intend to appear at the Final Approval Hearing and including your name, address, telephone number, your signature, and a reference to the Boggs v. Metro lawsuit. To submit your notice, you may choose from the following methods: (1) first class mail (postage paid), postmarked on or before February 22, 2010, to all of the attorneys listed below; (2) e-mail on or before February 22, 2010, to all of the attorneys listed below; or (3) fax on or before February 22, 2010, to all of the attorneys listed below.
CLASS COUNSEL DEFENSE COUNSEL
Mike Arias, Esq.
Mikael Stahle, Esq.
Mark Bloom, Esq.
Arias Ozzello & Gignac LLP
6701 Center Drive West, 14th Floor
Los Angeles, California 90045
Fax: (310) 670-1231
e-mail: mstahle@aogllp.com
Eugene Feldman, Esq.
Law Offices of Eugene Feldman
555 Pier Avenue, Suite 4
Hermosa Beach, California 90254
Fax: (310) 372-4636
genefeldman@mindspring.com Donna Mezias, Esq.
John Sasaki, Esq.
Jones Day LLP
555 South Flower Street, 50th Floor
Los Angeles, CA 90071
Fax: (213) 243-2539
e-mail: dmezias@jonesday.com
14. How do I get more information?
The description of the litigation and the Settlement set forth in this Notice is general and does not cover all of the issues and details. More details are set forth in the parties’ Settlement Agreement. You can get a copy of the Settlement Agreement by writing to Class Counsel at the address listed above.
You can 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 South 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.
CLAIM FORM - Boggs v. Los Angeles County Metropolitan Transportation Authority
BUS PASS CLAIM FORM
Boggs v. Los Angeles County Metropolitan Transportation Authority, Case No. BC336334
In connection with the proposed class action settlement of this case, you may be entitled to a free 12-month pass for use on all Metro fixed route buses.
FOR YOUR CLAIM TO BE CONSIDERED, YOU MUST COMPLETE AND RETURN THIS CLAIM FORM BY FAX OR EMAIL NO LATER THAN FEBRUARY 22, 2010, OR BY MAIL POSTMARKED NO LATER THAN FEBRUARY 22, 2010, TO:
Boggs v. MTA Claims Administrator
c/o Desmond, Marcello & Amster
P.O. Box 451999
Los Angeles, CA 90045
Fax: (310) 216-0800
Email: boggssettlement@dmaclassaction.com
CLASS MEMBER INFORMATION
Full Name: _____________________________________________________________
Last First Middle
Current Address: ________________________________________________________
No. Street Name Apt. No.
________________________________________________________________________
City State Zip
Home Telephone No. (____) _____________________________
Day Time Telephone No. (____) __________________________
Birth Date: ___________________________________________
ELIGIBILITY INFORMATION
To be eligible to receive a free 12-month bus pass, you must be visually impaired (as defined in California Civil Code section 54.6) and meet certain eligibility conditions. To establish your eligibility, please answer the following questions:
1. Are you, or have you been at any time since July 8, 2002, visually impaired within the following definition:
Legally blind or have central visual acuity of no better than 20/200 after correction in the better eye, or visual field subtends to an angle not greater than 20 degrees.
YES ______ NO ______
2. At any time since July 8, 2002:
a. Were you a passenger or potential passenger on a Metro bus?
b. Did you attempt to use the Metro website using screen-reader software?
c. Did you attempt to obtain bus information from Metro’s customer telephone line or in any other alternate format (e.g., Braille, large print, audio)?
d. Do you believe you experienced discrimination or were denied full and equal access to Metro bus services on account of your visual impairment?
If your answer to any one of the questions in a, b, c, or d is yes, please mark “Yes” below. Otherwise, mark “No.”
YES ______ NO ______
3. If you answered “no” to either question 1 or 2, you are not eligible for the Bus Pass Benefit. If you answered “yes” to questions 1 and 2, you must submit a photocopy of one of the following forms of verification. If you submit your claim by email, you must scan and attach a copy of the document with your signed claim form.
• Current LACTOA Disabled Identification Card
• Current Access Services Identification Card
• Braille Institute Legally Blind Identification Card
• DMV Legally Blind Identification Card
• Eligibility for Social Security Disability Insurance (copy of benefits award letter, benefit adjustment letter or benefit check)
• Special Education Student Certification
Failure to provide valid, legible documentation may result in denial of your claim.
AFFIRMATION UNDER PENALTY OF PERJURY
I request a free bus pass in connection with the class action settlement. I understand that I am releasing all claims against Metro. (A copy of the Release of Claims that is part of the Settlement Agreement is attached to this Claim Form.) I understand that I will be bound by and subject to the terms of any judgment that may be entered in this class action. I agree to furnish additional information to support this Claim Form if requested by the Claims Administrator.
I affirm under penalty of perjury under the laws of the State of California that the information set forth in this claim is true and correct to the best of my knowledge and belief. By submitting this claim, I expressly waive any rights or causes of action arising from the request for and disclosure of the information provided herein.
_________________________________________ ___________________________
Signature of Claimant Date
If claimant is under age 18, please complete this section:
Name of Parent or Legal Guardian: ______________________________________
(Please print clearly)
Address and Telephone Number of Parent or Legal Guardian if different from Claimant:
________________________________________________________________________________
Day Time Telephone: ___________________________
_________________________________________ ___________________________
Signature of Parent / Legal Guardian Date
If a Designated Representative is completing this form on behalf of the claimant, please complete this section:
Name of Designated Representative: ______________________________________
(Please print clearly)
Address and Telephone Number of Designated Representative:
________________________________________________________________________________
Day Time Telephone: ___________________________
_________________________________________ ___________________________
Signature of Designated Representative Date
CLAIM FORM INSTRUCTIONS
1. To have a valid claim, you must be visually impaired and meet at least one of the eligibility conditions in question 2 of the Claim Form.
2. You may submit only one Claim Form.
3. If you filed a valid Opt-Out statement requesting to be excluded from the settlement, you are not eligible to submit a Claim Form.
4. You must answer the questions and fill in all applicable blanks on the Claim Form. Failure to complete the Claim Form fully may result in your claim being denied.
5. You must submit a photocopy of one of the verification documents specified in number 3. Be sure that your full name is legible on the copy of the document you submit.
6. By signing and submitting a Claim Form, you are declaring under penalty of perjury that the information on the form is true and correct.
7. If you are unable to complete the Claim Form on your own due to disability, you may designate another person to assist you. The designated representative must also sign the Claim Form.
8. Your Claim Form is subject to review and verification by the Claims Administrator. You may be asked to provide additional information to support your claim. If you do not respond to a request for additional information in a timely manner, your claim may be denied.
9. You must keep the Claims Administrator informed of any change in your address by reporting any changes, in writing, to the address on the first page of the Claim Form.
RELEASE OF CLAIMS
Release. By operation of the entry of the Judgment and Final Approval, except as to rights and claims created by this Agreement, Plaintiffs and each Class Member who does not timely opt out pursuant to Section 5, and their respective heirs, executors, estates, predecessors, successors, assigns, agents and representatives, forever and fully release and discharge Metro, its past, present and future officers, directors, employees, attorneys, predecessors, successors, divisions, subsidiaries, parent and affiliated entities, representatives, agents, contractors, assigns, and all persons acting by, through, under or in concert with any of them, including any party that was or could have been named as a defendant in the Action (collectively, “Released Parties”) from any and all past and present claims, demands, and causes of action arising during the Class Period as alleged in the Complaint or the First Amended Complaint (collectively, “Released Claims”).
Covenant Not to Sue. The Plaintiffs and each Class Member who does not timely Opt Out pursuant to Section 5 [of the Stipulation of Settlement] shall be fully and forever barred and enjoined from instituting or prosecuting in any court, administrative agency, or other tribunal, either directly or indirectly, individually or representatively, any action or claim asserting any of the Released Claims against Metro or any of the Released Parties.
Release of Known and Unknown Claims; Waiver of Civil Code 1542. Plaintiffs and each Class Member who does not timely Opt Out pursuant to section 5 [of the Stipulation of Settlement] are deemed to have acknowledged that this Agreement includes a release of all Released Claims, known and unknown, including both asserted and unasserted claims, and including those claims that the Plaintiffs and/or Class Members do not know or suspect to exist in his/her favor against the Released Parties. The Plaintiffs and each Class Member who does not timely Opt Out pursuant to section 5 [of the Stipulation of Settlement] waive all rights and protections afforded by California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Note: The Release language above is excerpted from the Stipulation of Settlement signed by the parties and preliminarily approved by the Court. A copy of the complete Stipulation of Settlement is available in the Court file.
Tuesday, June 16, 2009
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