Welcome to the Nevarez v Forty Niners Football Company, LLC Class Action Settlement Website
If you are a person with a mobility disability or the companion of a person with a mobility disability who attended or will attend events at Levi’s Stadium, you may be affected by a proposed Settlement of a class action lawsuit—including the possibility of monetary compensation.
UPDATE:
Distribution of settlement checks is expected to occur no later than Friday July 23. Additional review was performed by KCC to ensure all valid and eligible claims are included in the distribution of payments, which has delayed the timing of the checks.
UPDATE:
The distribution of checks has been delayed to July 2021. All claimants were sent either a Notice of Accepted Claim or Notice of Rejected Claim letter. If you appeal the determination, you must respond by the date listed on the letter. If you have any questions please reach out to KCC via the information on the Contact Us page.
UPDATE:
The Court has granted final approval of the Settlement, see here. The settlement administrator, KCC, is in the process of reviewing all submitted claims and will contact you by letter (using the address on your claim form) if any further information or documentation is requested to substantiate your claim. Please contact KCC or Class Counsel if your mailing address has changed since you submitted your claim form.
• A Settlement has been reached in a class action lawsuit alleging that Defendants, Forty Niners Football Company LLC; Forty Niners SC Stadium Company LLC; Forty Niners Stadium Management Company LLC (collectively, the “Forty Niner Defendants”); the City of Santa Clara; and the Santa Clara Stadium Authority (collectively, the “Santa Clara Defendants”), discriminated against individuals with mobility disabilities and their companions by denying them full and equal access to Levi’s Stadium due to access barriers at the Stadium, its parking lots, the pedestrian right of way connecting the parking lots to the Stadium, and in the services and amenities offered at the Stadium.
• Defendants deny the allegations in the lawsuit and maintain that they have provided full and equal access to individuals with disabilities and their companions. The Settlement does not constitute any determination of the merits of the lawsuit or any admission by Defendants regarding the claims alleged in the lawsuit.
• The Settlement creates a $24 million “Damages Fund.” If you are a member of the “Damages Class,” you may be entitled to a monetary award from the Settlement in this case.
• The Settlement also requires that Defendants make various modifications to Levi’s Stadium, its main parking lot, and the pedestrian right of way connecting the parking lots to the Stadium in order to provide persons with mobility disabilities, including those who use wheelchairs, scooters, canes, walkers and other mobility aids, with improved access to the Stadium and its services and amenities. Such modifications include the provision of additional accessible parking adjacent to the Stadium; an accessible path of travel from the accessible parking to the Stadium entrances and throughout the Stadium; the installation of signage throughout the Stadium directing persons with mobility disabilities to the accessible path of travel, including elevators, for services and amenities provided in the Stadium and to accessible seating; the elimination of excessive slopes in accessible seating areas; the provision of integrated accessible seating in all dining areas and bars; improvements to companion seating; and the modification of service countertops and box office windows necessary to permit access to services provided at those locations. The Settlement also requires Defendants to make improvements to Stadium ticketing for accessible seating and shuttle services. These improvements are called “injunctive relief.”
• Members of all of the classes certified by the Court will benefit from the access improvements Defendants agreed to make as part of the Settlement. They cannot opt out of that part of the Settlement, but can object to it if they so desire. Members of the Damages Class, however, can exclude themselves from that part of the Settlement and retain any rights they may have to sue on their own. In that case, though, they will receive no monetary compensation in this case and cannot object to the damages part of the Settlement in this case.
• The Court must decide whether to approve the Settlement. If it does, and after any appeals are resolved, payments will be distributed to those members of the Damages Class who submit qualifying Claim Forms. Please be patient.
| SUBMIT A CLAIM FORM | Submit a Claim Form no later than June 28, 2020 seeking payment. This is the only way to receive a monetary award as part of this Settlement. |
| OPT OUT | Opt out of the damages part of the Settlement (i.e., the “Damages Class”) no later than June 28, 2020. If you opt out of the Damages Class, you will not receive a monetary award from the Settlement in this case. However, you will keep any right you have to sue the Forty Niners Defendants separately for statutory damages arising from the violations of the California Unruh Civil Rights Act challenged in this case. The Settlement has no effect on any right you have to sue the Santa Clara Defendants for damages. |
| OBJECT | Write to the Settlement Administrator by June 28, 2020 with reasons why you think the Settlement should not be approved. |
| DO NOTHING | If you take no action, you will receive no monetary award from the Settlement in this case and will give up your right to sue the Forty Niners Defendants for damages based on the denial of full and equal access to Levi’s Stadium through March 9, 2020. |
| OBJECT | No Class Members have the right to opt out of the part of the Settlement (i.e., the “Injunctive Relief Class” and the “Companion Injunctive Relief Class”) that requires Defendants to make access improvements to the Stadium and related facilities and services. You can object to that part of the Settlement, however, by writing to the Settlement Administrator by June 28, 2020 and explaining why you think it should not be approved. |
The July 16, 2020 Final Approval Hearing will be a Zoom video conferencing webinar.
PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.
Case participants may also receive an email invitation from the court with different information which should be followed.
All counsel, members of the public and press please click the link or use the information below to join the webinar:
https://cand-uscourts.zoomgov.com/j/1618399532?pwd=aklxUFF6TFFpYm10WHppUnZqUUo1dz09
Meeting ID: 161 839 9532
Password: 919880
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