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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL YELAPI, et al., Plaintiffs, vs. ST. PETERSBURG SURGERY CENTER, LTD., et al., Defendants. Case No.8:01-CV-787-T-EAJ CLASS ACTION NOTICE OF PROPOSED SETTLEMENT AND HEARING TO:All persons in the United States with disabilities as that term is defined by the Americans with Disabilities Act (42 U.S.C. 12102(2)) and the Rehabilitation Act (29 U.S.C. 706(8)(b)) who have been and who were, prior to the filing of the above-captioned Class Action Complaint and through the pendency of the action, entitled to the full and equal enjoyment of, or participation in, the goods, services, programs, benefits, activities, facilities, privileges, advantages, or accommodations at Defen-dants' facilities located in the states of Alabama, Arizona, Arkansas, California, Colo-rado, Florida, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Mas-sachusetts, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, Pennsyl-vania, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and the Commonwealth of Puerto Rico (the "Facilities"). You may be a member of the class of persons defined above and covered by a pro-posed plan to make certain modifications to the Facilities in order to settle certain le-gal claims. This notice describes your legal rights in connection with the hearing and this lawsuit. All settlement members who do not timely object will be bound by the resulting orders. This notice is given pursuant to Fed. R. Civ. P. 23 and the Court's orders of February 2, 2012, and April 17, 2012. A hearing on the matters hereinafter set forth is sched-uled before the Honorable Elizabeth A. Jenkins, United States District Magistrate Judge, on the 21st day of August 2012, at 10:30 AM in Courtroom 11A at the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602, (813) 301-5400. Any party wishing to appear by telephone shall contact the court's chambers at (813) 301-5774 at least one day before the status conference to provide a land-line telephone number at which the party may be reached for purposes of the status conference. If more than four parties or counsel wish to appear by telephone, the parties shall provide the court with a conference call number at which the parties may be reached for purposes of the status conference. The cost of such call shall be shared by the parties. PLEASE READ THIS NOTICE CAREFULLY The following does not constitute findings or determinations of the Court. Description of the Litigation. This lawsuit is to require the Defendants to bring the Facilities into compliance with the Americans with Disabilities Act (42 U.S.C. 12181 et seq.) (the "ADA") and/or the Rehabilitation Act of 1973 (29 U.S.C. 794) (the "Rehab Act"). No monetary damages of any sort are being sought in this action. Description of the Consent Decree. The parties to this lawsuit have entered into a Second Amended and Restated Class Settlement Procedure Agreement and Consent Decree, effective February 12, 2009 (the "Consent Decree"), under which the Facilities were inspected in order to devise a plan by which Defendants will modify the Facilities and their policies and practices in order to enhance their accessibility to qualified individuals with disabilities. These proposed modifications are set forth in a document called an Accessibility Compliance Report ("ACR"). ACRs for the Facilities have been prepared and submitted to the Court for approval. The Consent Decree permits the Plaintiffs to inspect the Facilities' modifications upon completion and re-solve any disputes that might arise with respect to whether the modifications conform to the ACRs. Class counsel's fees and costs will be paid by Defendants, not by class members. The Plaintiffs have agreed that they will not, now or in the future, seek further modifications of the facilities. If the Court approves the proposed ACRs, you will be forever barred from contesting the fairness, reasonableness, or adequacy of these proposed modifications, or from pursuing the claims against Defendants. Counsel for the Plaintiffs believes that the proposed modifications set forth in the ACR are fair, reasonable, and adequate. The Hearing. The hearing will relate to the following Facilities: HealthSouth Rehabilitation Hospital of Virginia 5700 Fitzhugh Avenue, Richmond, VA 23226 UVA-HealthSouth Rehabilitation Hospital 515 Ray C. Hunt Drive, Charlottesville, VA 22903 UVA-HealthSouth Rehabilitation Hospital (Outpatient Clinic) 515 Ray C. Hunt Drive, Charlottesville, VA 22903 HealthSouth Chesapeake Rehabilitation Hospital 220 Tilgham Road, Salisbury, MD 21804 HealthSouth Rehabilitation Hospital of Jonesboro 1201 Fleming Avenue, Jonesboro, AR 72401 HealthSouth Rehabilitation Hospital of Fayetteville (a/k/a HealthSouth Rehabilitation Hospital, a Partner with Washington Regional) 153 East Monte Painter Drive, Fayetteville, AR 72703 HealthSouth Rehabilitation Hospital of Fort Smith 1401 South J Street, Fort Smith, AR 72901 St. Vincent Rehabilitation Hospital 2201 Wildwood Avenue, Little Rock (Sherwood), AR 72120 HealthSouth Rehabilitation Hospital of Concord (a/k/a HealthSouth Rehabilitation Hospital) 254 Pleasant Street, Concord NH 03301 New England Rehabilitation Hospital of Portland (a/k/a Maine Medical Center Brighton Campus New England Rehabilitation Hospital Portland) 335 Brighton Avenue, Portland, ME 04102-2374 HealthSouth Rehabilitation Hospital of Albuquerque 7000 Jefferson NE, Albuquerque, NM 87109 HealthSouth Rehabilitation Hospital of Kingsport 113 Cassell Dr., Kingsport, TN 37660 HealthSouth Rehabilitation Hospital of Memphis 1282 Union Ave., Memphis, TN 38104 HealthSouth Rehabilitation Hospital-North 4100 Austin Peay Hwy., Memphis, TN 38128 HealthSouth Cane Creek Rehabilitation Hospital 180 Mt Pelia Road, Martin, TN 38237 Vanderbilt Stallworth Rehabilitation Hospital (a/k/a Hugh Wagner Stallworth & Anita Bevill McMichael Stallworth Rehabilitation Hospital) 2201 Children's Way (formerly Capers Ave.), Nashville, TN 37212 HealthSouth Rehabilitation Hospital of Dothan 1736 East Main Street, Dothan, AL 36301 HealthSouth Rehabilitation Hospital of Montgomery 4465 Narrow Lane Road, Montgomery. AL 36116 Regional Rehabilitation Hospital of Phenix City 3715 Highway 280/431 North, Phenix City, AL 36867 Lakeshore Rehabilitation Hospital (a/k/a HealthSouth Lakeshore Rehabilitation Hospital) 3800 Ridgeway Drive, Birmingham, AL 35209 HealthSouth Rehabilitation Hospital of Gadsden 801 Goodyear Avenue, Gadsden, AL 35903 ACRs for the above-referenced facilities may be found at www.hscsettlement.com. At the Hearing, the Court will address, as for each Facility: (1) the merits of any objection to an ACR; (2) whether to approve the ACRs as fair and reasonable, adequate and in the best interest of the class members; and (3) determine such other matters as may be appropriate. Any class member wishing to object to an ACR must file a written objection with the court and serve parties' counsel no later than July 21, 2012. The written objection must include: (a)a written notice of intention to appear; (b)a written statement of such person's specific objections to the ACR; and (c)the grounds therefore or the reasons for such person's desire to appear and to be heard, together with all papers, briefs or other documents that such person desires the court to consider. Counsel to be served: Settlement Class Counsel: Kip Roth 15293 South Falcon Crest Court Draper, Utah 84020 Counsel for Defendants: M. Jefferson Starling, III Balch & Bingham LLP, P.O. Box 306 Birmingham, Alabama 35201 ANY PERSON WHO FAILS TO OBJECT IN THE MANNER PRESCRIBED MAY BE DEEMED BY THE COURT TO HAVE WAIVED SUCH OBJECTION, AND MAY, IN THE COURT'S DISCRETION, BE PROHIBITED FROM RAISING OBJECTIONS AT THE FAIRNESS HEARING. IF YOU DO NOT OPPOSE THIS SETTLEMENT, YOU NEED NOT APPEAR, OR FILE ANYTHING IN WRITING. More Information. This Notice is only a summary. The full Settlement Agreement, pleadings, and other documents in the case may be inspected and copied at the Clerk's Office, United States District Court for the Middle District of Florida, Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602 or at www.hscsettlement.com. Journal: June 21-27, 2012 Left-red    Print Legal   Email-red   Published on: Thu June 21, 2012