[New-hampshire-students] Fwd: NFB and Cartronics Settlement

Tue Aug 21 06:57:06 CDT 2007

>
>Greetings:
> 
>Below is the class settlement notice in the NFB v. Cartronics case regarding accessibility of ATM's.   This notice contains important information regarding the legal rights of those who are members of the class affected by this litigation.  Please read the notice carefully.  Those who would like the settlement notice and other documents in Braille or some other alternative format  such as large print should contact Amy Robertson Esq at <mailto:arob at foxrob.com>arob at foxrob.com or 303 595-9700.  You can also contact me, and I will forward your information to Amy Robertson and the appropriate individuals.  
> 
>Scott C. LaBarre, Esq.
>President
>National Association of Blind Lawyers
> 
>LaBarre Law Offices P.C.
>1660 South Albion Street, Ste. 918
>Denver, Colorado 80222
>303 504-5979 (voice)
>303 757-3640 (fax)
><mailto:slabarre at labarrelaw.com>slabarre at labarrelaw.com (e-mail)
><http://www.labarrelaw.com>www.labarrelaw.com (website)
> 
>CONFIDENTIALITY NOTICE: This message may contain confidential and privileged information. If you are not the designated recipient, you may not read, copy, distribute or retain this message. If you received this message
>in error, please notify the sender at 303) 504-5979 or <mailto:slabarre at labarrelaw.com>slabarre at labarrelaw.com, and destroy and delete it from your system. This message and any attachments are covered by the Electronic
>Communications Privacy Act, 18 U.S.C. §§ 2510-2521.
> 
>***
> 
>UNITED STATES DISTRICT COURT
> 
>FOR THE DISTRICT OF MASSACHUSETTS
> 
>Civil Action No. 03-11206-MEL
> 
>COMMONWEALTH OF MASSACHUSETTS, et al.,
> 
>Plaintiffs, 
> 
>v.
> 
>E*TRADE ACCESS, INC., et al.,
> 
>Defendants
> 
>NOTICE OF CLASS DETERMINATIONS, PROPOSED SETTLEMENT AND
> 
>HEARING TO BE HELD ON DECEMBER 4, 2007
> 
>TO ALL BLIND PATRONS OF AUTOMATED TELLER MACHINES ("ATMs") OWNED OR OPERATED BY EITHER CARDTRONICS, INC., OR CARDTRONICS, LP (collectively, "Cardtronics")
> 
>The Commonwealth of Massachusetts, the National Federation of the Blind ("NFB"), and several individual blind persons have brought claims against Cardtronics
>in the class action lawsuit Commonwealth of Massachusetts, et al. v. E*TRADE Access, Inc., et al., No. CV-03-11206 (the "Lawsuit"), pending before the
>United States District Court for the District of Massachusetts (the "Court"). The Lawsuit concerns, among other things, the accessibility of ATMs owned
>or operated by Cardtronics to blind patrons under the Americans with Disabilities Act ("ADA") and Massachusetts state laws.
> 
>The Court has certified a nationwide class in this Lawsuit that consists of patrons of ATMs owned or operated by Cardtronics who have total blindness or
>central vision acuity not to exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity greater than 20/200,
>but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle of not greater than 20 degrees (the "Class
>Members").
> 
>CARDTRONICS HAS AGREED TO A SETTLEMENT THAT WILL PROVIDE BENEFITS TO ALL MEMBERS OF THE SETTLING CLASS DESCRIBED BELOW, IF THE SETTLEMENT IS APPROVED BY
>THE COURT. THE SETTLEMENT AGREEMENT WILL ALSO RELEASE ALL CLASS MEMBERS’ CLAIMS FOR INJUNCTIVE RELIEF RELATING TO THE ACCESSIBILITY OF CARDTRONICS’ ATMS
>TO BLIND PEOPLE AS WELL AS ALL CLASS MEMBER CLAIMS AGAINST E*TRADE BANK FOR REASONABLE ACCOMMODATIONS.
> 
>Cardtronics, without admitting any liability, has agreed to settle the Lawsuit by, among other actions, ensuring that most ATMs owned by Cardtronics will
>offer voice guidance through a standard headphone jack located on the face of the ATM by no later than December 31, 2007. Cardtronics will also sell or
>otherwise make available to merchants or other third-parties who own ATMs currently serviced by Cardtronics ATMs that are voice-guided and provide audible
>instructions to ATM patrons through a standard headphone jack located on the face of the ATM. Finally, Cardtronics has committed that, by July 1, 2010,
>at least ninety percent (90%) of all Transactions at Covered ATMs shall occur on ATMs that are Voice-guided or otherwise accessible to Blind people. A
>full copy of the settlement agreement is available on Cardtronics’ website: <http://www.cardtronics.net/news/nfb_settlement.asp>www.cardtronics.net/news/nfb_settlement.asp. The locations of the existing
>ATMs covered by the settlement agreement can be obtained through Cardtronics’ ATM locator feature, available at <http://www.cardtronics.net/about/atmlocator.asp>www.cardtronics.net/about/atmlocator.asp.
> 
>Cardtronics has agreed to make a contribution of $100,000 to the Attorney General’s local consumer aid fund of the Commonwealth of Massachusetts and, subject
>to Court approval, to pay the amount of $900,000 in attorneys’ fees to the attorneys representing the class. These amounts will not detract from Cardtronics’s
>duties to provide accessible ATMs to the class. The Court will conduct a hearing on the motion of class counsel for their attorneys’ fees at the date and
>time set forth in the following paragraph.
> 
>YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court dated July 26, 2007, and as thereafter amended,
>that a Final Approval Hearing will be held on December 4, 2007, at 11:00 a.m., before that Court in the United States Courthouse, One Courthouse Way, Boston,
>Massachusetts 02210. The purpose of this Final Approval Hearing is to determine whether the proposed settlement of the Lawsuit should be approved by the
>Court as fair, reasonable and adequate, whether the application for awards of attorneys’ fees, contribution to the Massachusetts Attorney General’s local
>consumer aid fund, and reimbursement for expenses should be approved, and whether this action should be dismissed on the merits and with prejudice.
> 
>Class Members who wish to object to the proposed settlement must provide notice of and explanation of their objection in writing to the Court at the address
>above, with copies to Counsel at the addresses provided below, no later than October 31, 2007. Only Class Members filing timely objections may request
>to present their objections at the Final Approval Hearing.
> 
>Office of the Massachusetts Attorney General Attn: Patricia Correa
> 
>Assistant Attorney General
> 
>100 Cambridge Street, 11TH floor
> 
>Boston, MA 02108
> 
>Brown, Goldstein & Levy LLP 
> 
>Attn: Daniel F. Goldstein, Esq. 
> 
>120 E. Baltimore Street
> 
>Suite 1700
> 
>Baltimore, MD 21202
> 
>Douglas P. Lobel
> 
>Cooley Godward Kronish LLP
> 
>One Freedom Square 
> 
>1 Reston Town Center
> 
>11951 Freedom Drive
> 
>Reston, VA 20190
> 
>FOR FURTHER INFORMATION, VISIT <http://www.cardtronics.net/news/nfb_settlement.asp>www.cardtronics.net/news/nfb_settlement.asp. OR CONTACT COUNSEL FOR THE PLAINTIFFS:
> 
>Commonwealth of Massachusetts Office of Attorney General, Disability Rights Project, (617) 727-2200, <http://www.ago.state.ma.us/sp.cfm?pageid=1195>www.ago.state.ma.us/sp.cfm?pageid=1195
> 
>OR
> 
>Brown, Goldstein & Levy, LLP, 410.962.1030, <http://www.browngold.com>www.browngold.com 
> 
>EXCEPT AS INSTRUCTED IN THE NOTICE, PLEASE DO NOT CONTACT THE COURT.
> 
>Dated: July 26, 2007 By Order of the
> 
>United States District Court
> 
>For the District of Massachusetts