I am sending this out at the request of Michael Nunez, one of the
attorneys involved in this case.
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT
ATTENTION: ALL BLIND OR VISUALLY DISABLED INDIVIDUALS WHO USE SERVICE
ANIMALS WHEN TRAVELING AND WHO HAVE USED, ATTEMPTED TO USE, OR HAVE
BEEN DETERRED FROM USING TRANSPORTATION SERVICES ARRANGED THROUGH THE
UBER RIDER APP.
THE SETTLEMENT DESCRIBED BELOW MAY AFFECT YOUR RIGHTS.
READ THIS NOTICE AND INSTRUCTIONS CAREFULLY.
This notice is to inform you about the proposed settlement that would
resolve the class action lawsuit National Federation of the Blind of
California, et al. v. Uber Technologies, Inc., Case No. 3:14-cv-4086
(N.D. Cal.). The lawsuit alleges that Uber Technologies, Inc. and its
subsidiary and affiliate entities (collectively, “Uber”), violated the
Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., by
failing to take the necessary steps to ensure that transportation
providers using the Uber mobile software application (“Drivers”) do not
discriminate against blind or visually disabled riders who travel with
service animals (“Riders”). Uber denies all liability in the case and
asserts that its current practices do not violate applicable federal,
state, and local law. The settlement, which must be approved by the
Court, would resolve the lawsuit.
I. SUMMARY OF THE PROPOSED SETTLEMENT
Under the settlement, Uber agrees to take additional steps to inform
Drivers of their obligations to transport all Riders. Uber will require
that new and existing Drivers expressly confirm that they understand
and agree to these obligations, through a pop-up interactive
questionnaire in the Driver mobile software application and changes to
the technology services agreement. In addition, Uber will send
quarterly email reminders to Drivers.
Uber will also adopt a new enforcement practice. If, following a
complaint from a Rider, Uber determines that a driver knowingly refused
to transport a Rider because the Rider was traveling with a service
animal, Uber will terminate that Driver’s contract and permanently
remove the Driver from the Driver platform. In addition, if Uber
receives plausible complaints on more than one occasion that a Driver
denied service to a Rider because the Rider was traveling with a
service animal, Uber will terminate the Driver’s contract and the
Driver will be permanently removed from the Driver platform. This
second basis for contract termination will apply where Uber was unable
to determine whether the first denial was a knowing violation.
Under the settlement, Uber will also enhance its response system for
complaints that a Driver denied service to a Rider because the Rider
was traveling with a service animal, and will provide greater
transparency to Riders regarding what action has been taken in response
to a complaint about a Driver. Uber will also limit the circumstances
in which a Rider can be charged for cleaning issues related to his or
her service animal.
Additionally, Uber will record each allegation that a Driver is alleged
to have denied service to a Rider, or otherwise discriminated against a
Rider, because the Rider was traveling with a service animal, and will
report aggregated data to Class Counsel. The National Federation of the
Blind and its California affiliate will administer a testing program,
through which blind individuals request and take trips to evaluate the
effectiveness of the settlement. A third-party individual will monitor
Uber’s compliance with the settlement as well.
The settlement also provides that the three named individual plaintiffs
who served as class representatives will receive payments of $15,000
each in return for their release of their individual damage claims. In
addition, the National Federation of the Blind will receive three
annual payments of $75,000 during the term of the settlement, and a
fourth payment of $75,000 if the term of the settlement is extended.
These payments are intended to support the Federation’s testing program.
Finally, Disability Rights Advocates, Rosen, Bien, Galvan & Grunfeld
LLP, and TRE Legal Practice (collectively, “Class Counsel”), the
attorneys who represent the class, will have the right to seek
attorneys’ fees and costs for their work on the case. Class Counsel
will file a motion asking the Court to award reasonable fees and costs
for work on the merits phase of this case. The Court must approve the
amount awarded even if the parties reach an agreement on the amount.
This motion for fees and costs will be available on
www.nfb-serviceanimal-settlement.com on September 21, 2016. Class
Counsel will also be entitled to seek reasonable fees and costs for
their future work monitoring compliance with the settlement and
enforcing the agreement. Uber retains the right to contest the amount
of any attorneys’ fees requested by Class Counsel.
II. WHO IS IN THE CLASS?
All blind or visually disabled individuals nationwide who travel with
the assistance of service animals and who have used, attempted to use,
or been deterred from attempting to use transportation arranged through
the Uber rider app.
III. THE EFFECT OF THE SETTLEMENT ON THE RIGHTS OF CLASS MEMBERS
All class members will be bound by the terms of the settlement relating
to access to transportation services arranged using the Uber app for
blind or visually disabled persons who use service animals, if the
settlement agreement is approved by the Court. If the settlement is
approved, all class members will release and forever discharge all
claims for injunctive relief under all federal, state, and local laws
related to alleged discrimination by Uber against blind or visually
disabled persons who use service animals that arose before the
Settlement Agreement becomes effective. Class members, other than the
named plaintiffs in the lawsuit, are not releasing any claims for
monetary damages.
IV. OBJECTING TO THE SETTLEMENT
You can ask the Court to deny approval of this settlement by filing an
objection with the Court. You cannot ask the Court to order a different
settlement; the Court can only approve or deny this proposed
settlement. If the Court denies approval, any settlement changes
necessary for approval may not be made, and the lawsuit may continue.
If this is what you want to happen, you must object.
If you wish to object to the proposed settlement you must object to the
proposed settlement in writing. You may also appear at the fairness
hearing for final approval of the settlement, either in person or
through your own attorney. But if you wish to appear and present your
objection orally at the fairness hearing, you must first submit a
written objection and in your written objection you must indicate your
intention to appear and be heard at the fairness hearing. If you appear
through your own attorney, you are responsible for paying that
attorney. All written objections and supporting papers must (a) clearly
identify the case name and number, National Federation of the Blind of
California, et al. v. Uber Technologies, Inc., et al.,Case No.
3:14-cv-4086 (N.D. Cal.), (b) be submitted to the Court either by
mailing them to the Clerk of the Court for the United States District
Court for the Northern District of California, 280 South 1st Street,
Room 2112, San Jose, CA 95113, or by filing them in person at any
location of the United States District Court for the Northern District
of California, and (c) be received on or before October 13, 2016.
V. FURTHER INFORMATION
This notice summarizes the proposed settlement. For the precise terms
and conditions of the settlement, please see the settlement agreement
available at www.nfb-serviceanimal-settlement.com, contact Class
Counsel using the information below, access the Court docket in this
case through the Court’s Public Access to Court Electronic Records
(PACER) system at https://ecf.cand.uscourts.gov, or visit the office of
the Clerk of the Court for the United States District Court for the
Northern District of California, 280 South 1st Street, Room 2112, San
Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday,
excluding Court holidays.
To obtain a copy of this notice in alternate accessible formats,
contact Class Counsel using the information below.
VI. CONTACT INFORMATION
Please do not contact the Court, the Court clerk’s office, or Defense
Counsel with questions about this settlement. Any questions must be
directed to Class Counsel at the numbers and addresses below.
Class Counsel:
Laurence Paradis
Disability Rights Advocates
2001 Center Street, Fourth Floor
Berkeley, CA 94704
(510) 665-8644
Timothy Elder, Esq.
TRE Legal Practice
4226 Castanos Street
Fremont, California 94536
(410) 415-3493
Michael Bien
Rosen Bien Galvan & Grunfeld LLP
50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
(415) 433-6830
Support the California Council of the Blind as my team, Custer’s
Commandos charges toard Top Dog in the 4th annual Mutt Strut.You can
donate by going to
http://www.firstgiving.com/fundraiser/jeff-thom/mutt-strut-2014-sacramento
Also, join us on Facebook at
https://m.facebook.com/profile.php?id=485774434815188.
--
Christine
~~~~~~~~~
friend_bride_wife@xxxxxxxxxxxx
~~~~~~~~~
"Sometimes our light goes out but is blown
into flame by another human being. Each of us
owes deepest thanks to those who have rekindled this light."
~~~~~~~~~
Albert Schweitzer