ATTENTION: LEGALLY BLIND INDIVIDUALS IN THE UNITED STATES WHO HAVE ATTEMPTED TO VISIT THE WEBSITE HTTP://WWW.THEPALM.COM SINCE DECEMBER 5, 2013

YOU MAY HAVE A CLAIM UNDER THE SETTLEMENT DESCRIBED BELOW

READ THIS NOTICE AND FOLLOW THE INSTRUCTIONS CAREFULLY

BACKGROUND

This notice is to inform you of a class action settlement in the case of Marett v. Palm Restaurant, Inc. (Case No. 16-cv-9381), pending in the United States District Court for the Southern District of New York before the Honorable John G. Koeltl, United States District Judge. The case was brought by Plaintiff, Lucia Marett, on behalf of herself and legally blind individuals who have encountered access barriers on Palm.com. Plaintiff alleged that Defendant, Palm Restaurant, Inc., violated the Americans with Disabilities Act (“ADA”) and New York State and local laws in designing and maintaining its website, Palm.com (the “Website”), such that blind visitors could not acquire the same information and engage in the same interactions as sighted visitors to the Website. Defendant denies all liability and the case has been vigorously contested. The Court has granted preliminary approval of the settlement and has scheduled a hearing on February 26, 2018 at 4:30 p.m. to determine whether to grant final approval of the settlement.

SUMMARY OF THE CLASS ACTION SETTLEMENT

The class action settlement calls for Defendant to ensure that the Palm.com Website is accessible such that blind visitors to the Website acquire the same information and engage in the same interactions with substantially equivalent ease of use as sighted visitors to the website. Pursuant to the settlement agreement, Defendants and Plaintiff’s attorneys are working together to make the website accessible under that standard. Under the settlement, Class Counsel will ask the Court to award reasonable fees and costs of $89,000 for their legal work on this case. Defendant does not dispute Class Counsel’s right to recover reasonable fees and costs in the amount of $89,000. Under the settlement, Class Counsel will ask the Court to award Plaintiff a service award in the amount of $1,000, for her services to the Class. Defendant does not dispute Plaintiff’s right to receive a service award in the amount of $1,000. Additionally, Class Counsel will ask the Court to approve payment of $20,000 as fees to Advanced Litigation Strategies, LLC to administer the settlement. The Court has not ruled on the reasonableness of any of these requests for fees and costs.

OPTIONS FOR MEMBERS OF THE SETTLEMENT CLASS

If you are a legally blind individual who has attempted to access Palm.com since December 5, 2013, you have three options:

  1. You may do nothing and be bound by the terms of the settlement; or
  2. You may object to the settlement, in which case you must follow the procedures set forth below.
  3. You may opt out of the settlement, in which case you must follow the procedures set forth below. However, please note that although Settlement Class Members may opt out in order to pursue monetary relief, no Settlement Class Member may opt out of the release of claims for injunctive relief.

Should the settlement be approved, all members of the Settlement Class that have not opted out will be bound concerning the terms of the settlement relating to the accessibility of the Website.

If you choose to object to the settlement, you must submit a written objection, stating that you object to the settlement in Marett v. Palm Restaurant, Inc., Case No. 16-cv-9381, to the Settlement Administrator, with copies to Class Counsel and counsel for Defendant. The addresses of the Settlement Administrator, Class Counsel, and counsel for Defendant are set forth below. Your objection must be filed with or otherwise received by the Settlement Administrator no later than January 27, 2018. If you wish to appear and present your objection orally at the hearing for final approval of the settlement, you must so state in your written objection. Your written objection should include your name, address and telephone number and should be mailed to the following address:

  Settlement Administrator
  Advanced Litigation Strategies, LLC
  30 East 39th Street, Second Floor
  New York, New York 10016

If you choose to opt out of the settlement to pursue monetary relief for compensatory damages, you must submit a written opt out statement, stating that you opt out of the settlement in Marett v. Palm Restaurant, Inc., Case No. 16-cv-9381, to the Settlement Administrator, with copies to Class Counsel and counsel for Defendant. The addresses of the Settlement Administrator, Class Counsel, and counsel for Defendant are set forth below. Your opt out statement must be filed with or otherwise received by the Settlement Administrator no later than January 27, 2018. Your written opt out statement should include your name, address and telephone number and should be mailed to the following address:

  Settlement Administrator
  Advanced Litigation Strategies, LLC
  30 East 39th Street, Second Floor
  New York, New York 10016

FURTHER INFORMATION

If you want a copy of the proposed settlement agreement or related documents, you may contact Class Counsel at the following address:

  C.K. Lee, Esq.
  Lee Litigation Group, PLLC
  30 East 39th Street, Second Floor
  New York, New York 10016

Counsel for Defendant may be contacted at the following address:

  Ivan D. Smith, Esq.
  Kaufman Dolowich & Voluck, LLP
  40 Exchange Place, 20th Floor,
  New York, New York 10005

The Settlement Agreement and case documents are available from Class Counsel. Alternatively, you may inspect the Court’s files during business hours at the Clerk of the Court, United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007. The case caption is Marett v. Palm Restaurant, Inc., Case No. 16-cv-9381.

Please do not call the Judge or the Court regarding this matter.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Case No. 16-cv-9381

LUCIA MARETT, on behalf of herself and others similarly situated,

Plaintiff,

-against-

PALM RESTAURANT, INC.

Defendant.

OPT OUT FORM

Complete and mail this Opt Out Form by January 27, 2018 to:

  United States District Court
  Southern District of New York
  500 Pearl Street
  New York, New York 10007
  Attention: Clerk of the Court

  C.K. Lee, Esq.
  Lee Litigation Group, PLLC
  30 East 39th Street, Second Floor
  New York, New York 10016

  Ivan D. Smith, Esq.
  Kaufman Dolowich & Voluck, LLP
  40 Exchange Place, 20th Floor
  New York, New York 10005

I DO NOT WANT TO JOIN THE LAWSUIT pending in the United States District Court for the Southern District of New York, Case No. 16-cv-9381.

  Date:_____________

(fill in today’s date)

  Signature __________________________

(sign here)

  Print Name __________________________

(write full name here)


  Address: _____________________________________________________________

(write full address here)

  Telephone Number: ____________________________________________________

(write telephone number here)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Case No. 16-cv-9381

LUCIA MARETT, on behalf of herself and others similarly situated,

Plaintiff,

-against-

PALM RESTAURANT, INC.

Defendant.

OBJECTION FORM

Complete and mail this Objection Form by January 27, 2018 to:

  United States District Court
  Southern District of New York
  500 Pearl Street
  New York, New York 10007
  Attention: Clerk of the Court

  C.K. Lee, Esq.
  Lee Litigation Group, PLLC
  30 East 39th Street, Second Floor
  New York, New York 10016

  Ivan D. Smith, Esq.
  Kaufman Dolowich & Voluck, LLP
  40 Exchange Place, 20th Floor
  New York, New York 10005

I OBJECT TO THE LAWSUIT pending in the United States District Court for the Southern District of New York, Case No. 16-cv-9381.

  Date:_____________

(fill in today’s date)

  Signature __________________________

(sign here)

  Print Name __________________________

(write full name here)


  Address: _____________________________________________________________

(write full address here)

  Telephone Number: ____________________________________________________

(write telephone number here)