UNITED STATED DISTRICT COUNT 

EASTERN DISTRICT OF NEW YORK 

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JUNE ROBERTS, ANITA BRADLEY,

ELIZABETH GARDNER and SUFFOLK INDEPENDENT 

LIVING ORGANIZATION (SILO)

 

Plaintiffs, CV 03-2495 (ETB)

 

-against­-

 

GURNEY'S INN RESORT & SPA, LTD.,

 

Defendant. 

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NOTICE OF SETTLEMENT OF CLASS ACTION 

AND SETTLEMENT OF HEARING

 

TO:      ALL PERSONS WHO, BY VIRTUE OF A DISABILITY, ARE COVERED BY AND ENTITLED TO THE PROTECTIONS OF THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C § 12182 et seq. (THE "ADA"), THE FAIR HOUSING ACT, 42 U.S.C. § 3601 (THE "FHA") AND THE NEW YORK STATE EXECUTIVE LAW, SECTION 296 (THE "NYSEL").

 

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY, THIS NOTICE RELATED TO A PROPOSED SETILEMENT OF THIS LITIGATION AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS.

 

NOTICE IS HEREBY GIVEN that: (a) June Roberts, Anita Bradley, Elizabeth

 

Gardener and Suffolk Independent Living Organization (SILO) (collectively the

 

"Plaintiffs") and Gurney's Resort & Spa, Ltd. ("Gurney's") entered into a Stipulation of

 

Settlement (the "Stipulation") settling this class action upon certain terms and

 

conditions (the "Action"); (b) pursuant to an Order of the Honorable E. Thomas Boyle,

 



United States Magistrate Judge, (the "Order"), this action was conditionally certified as

 

a class action pursuant to Rule 23(b )(2) of the Federal Rules of Civil Procedure for

 

settlement purposes only, the class consisting of all persons who, by virtue of a

 

disability are covered by and entitled to the protections of the ADA, FHA and/or

 

NYSEL; and (c) pursuant to the Order and Rule 23(e) of the Federal Rules of Civil

 

Procedure, a hearing will be held on March 16, 2005 at 9:30 a.m. (the "Hearing") in

 

Courtroom 830, of the United States District Court for the Eastern District of New

 

York, 100 Federal Plaza, Central Islip, New York, for the purpose of determining

 

whether the terms of the Stipulation are fair, reasonable and adequate and should be

 

approved by the Court and the amount of attorneys' fees, costs and disbursements that

 

shall be awarded and reimbursed to Class Counsel. The Hearing may be adjourned by

 

the Court from time to time without further notice.

 

NATURE OF THE ACTION

 

This action arose from defendant Gurney's alleged failure to comply with the

 

ADA, FHA and NYSEL with respect to the resort facilities belonging to Gurney's located

 

at 290 Old Montauk Highway, Montauk, New York on the grounds that the facilities

 

failed to meet the accessibility requirements under the foregoing Acts with respect to

 

persons suffering mobility, visual and audio impairments. The action seeks injunctive

 

relief, requiring that various changes be made to the resort facilities and that various

 

accommodations be provided to timeshare owners, guests and visitors at the resort,

 

facilitating access to the accommodations and services provided to timeshare owners,

 

guests and visitors.

 

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POSITION OF DEFENDANTS AND 

RECOMMENDATION OF CLASS COUNSEL

 

The defendant denies any wrongdoing or liability and has agreed to enter into 

the settlement in order to eliminate all controversies with the Class and to avoid 

further expense, inconvenience, and distraction created by potentially burdensome and 

protracted litigation.

 

The plaintiffs, through their attorney, have conducted a thorough investigation 

of the facts and the law raised in the class action complaint, have conducted substantial 

discovery, have inspected the resort and have reviewed pending and contemplated 

building plans and have reviewed and analyzed the law applicable to the present 

proceeding. Plaintiffs' attorney believes that based on the complexities of the issues 

and uncertainties of the ultimate outcome of this litigation, the benefits to be obtained 

by the Class as a consequence of the Stipulation and based upon the delays that would

result from further litigation, the settlement is fair, reasonable, adequate, and in the 

best interest of the Class.

 

SUMMARY OF SETTLEMENT STIPULATION

 

The terms of the Stipulation settling this class action are set forth in detail in the

Stipulation filed with the District Court. The principal terms and conditions of the

settlement are summarized below. This summary should be read in conjunction with,

and it is qualified in its entirety by reference to the text of the Stipulation.

The Stipulation provides for the following improvements to the Resort in

compliance with the ADA:

 

( I )      A new front entrance, facilitating access to the reception/lobby/restaurant areas for persons 

            using wheelchairs;

 

 

 

 

 

 

 

 

 

 

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(ii)        A system of ramps and lifts providing access to all areas of the Resort,

including the pool, Spa and beach (to waters end);

 

(iii)              Disabled parking complementing already available valet parking, where

necessary, to meet equipment needs of disabled timeshare owners, guests

or visitors;

 

(iv)       The alteration or addition of lobby level handicap accessible restrooms

and the addition of a unisex disabled accessible restroom on the lower

lever;

 

 

(v)        The addition of universal sign language in the restrooms, elevators and

 

lifts and on the outside of each door; provision of audio cassettes and

 

listening devices with respect to Restaurant, Spa and Resort services;

 

 

(vi)       The addition of cabanas in the Spa for purposes of providing spa and

 

beauty treatments for those who cannot access the Spa facilities;

 

 

(vii)      The purchase and maintenance of at least one telecommunications device

 

for the deaf;

 

 

(viii)      The construction of two new rooms providing standard accommodations

 

for two people and capable of sleeping four people all fully compliant with

 

the accessibility requirement of the ADA.

 

 

The foregoing improvements are subject to governmental approvals, and are to

 

be constructed over several years, so as not to unduly interfere with Resort operations

 

and to meet available budgetary limits and projections.

 

 

 

 

 

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Class Counsel intends to apply to the Court for an award of attorneys' fees to be

 

paid by Gurney's, subject to Court approval and based upon an hourly rate -of $250.00

 

per hour. If the settlement is approved by the Court, a judgment dismissing with

 

prejudice this litigation, and all claims and causes of action which could have been

 

asserted against the defendant and other signatories to the Stipulation will be issued.

 

If the settlement is approved, all members of the Class will be permanently

 

barred and enjoined from instituting or prosecuting, against the defendant and other

 

signatories to the Stipulation, any and all actions which they had or have arising out of

 

or relating to the facts set forth in the Complaint. All Class members, irrespective of

 

whether they appear in this action, will be bound by the terms of the Stipulation and

 

any order of the Court dismissing this action.

 

No member of the Class may "opt-out" of the Class. Each member of the Class

 

or representative of a Class member who elects to oppose this settlement, or the

 

application by Class Counsel for an award of the attorneys' fees and expenses, may

 

appear personally or by counsel, at his/her own expense, at the Hearing. If you desire

 

to object, you must state the basis of your position in writing, together with any

 

supporting documentation, in advance of the Hearing, and mail it no later than

 

February 15, 2005 prior to the Hearing date to:

 

(i)         Martin J. Coleman, Esq., 48 South Service Road, Suite 100,

 

Melville, New York 11747;

 

(ii)        Pryor & Mandelup, LLP, Attention Randolph E. White, Esq., 675

 

Old Country Road, Westbury, New York 11590; and

 

(iii)            Clerk of the United States District Court for the Eastern District of

 

New York at 100 Federal Plaza, Central Islip, New York 11722.

 

No Class member or representative of a Class member shall be heard or be

 

entitled to object to the approval of the terms of the proposed settlement, the

 

allocation of funds, or the application by Class Counsel for an award of attorneys' fees

 

and expenses unless that person timely files with the Court and timely serves upon

 

Martin Coleman, Pryor & Mandelup, LLP and the Clerk of the Court their written

 

objections and supporting papers.

 

EXAMINATION OF PAPERS AND INQUIRY
 

This Notice is only a summary of the litigation and the terms of the proposed

 

settlement and does not purport to be comprehensive. For a more detailed statement

 

of the issues involved in this Action and the terms of the proposed settlement you may

 

refer to pleadings, the Stipulation of Settlement, and other papers filed in this action,

 

which may be inspected at the office of the Clerk of the United States District Court for

 

the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722

 

during regular business hours of each business day.

 

Any questions that any person to whom Notice is

 

addressed may have with respect to the terms of the

 

Settlement may be directed in writing to:

 

Martin J. Coleman, Esq., 48 South 

Service Road, Suite 100, Melville, New York 11747, (631) 465-2101, 
and should not be raised with or directed to the Court.

 

Dated: Central Islip, New York                                                                                                      October 21, 2004

 

BY ORDER OF THE COURT

 

/s/ E. Thomas Boyle

_______________________

United States District Court
Eastern District of New York

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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