URGENT-Disney Proposed Settlement

Tarkus · 02-05-2009, 10:04 PM

We at DRAFT are opposed to this settlement. We will in the very near future be posting forms on the DRAFT website for those who comprise the "class" in this settlement. This information is required from us by the court.

For the record ANYONE who uses a Segway as a mobility device would fall into the "class" and would be unable to bring suit against Disney in the future.

Stay tuned for major information sometime next week. We will need all who use or knows someone who uses a Segway as a mobility device to provide information.

We are approaching the critical part of this case.

DRAFT did not institute this action nor were we parties to the lawsuit, but now that we have been drawn into it we will stand up to fight the fight. Thats all of us that rely on the Segway for our mobility.

Thanks and there will be more info to follow.

Be Big,
AMAC

PS-Please don't ask about the ESV mentioned in the settlement. We have no information on this device, it's safety or if any safety studies have been done on it. We don't know if it even exists.

************************************************** ****************

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MAHALA AULT, STACIE RHEA and
DAN WALLACE,
Plaintiffs,
-vs- Case No. 6:07-cv-1785-Orl-31KRS
WALT DISNEY WORLD CO.,
Defendant.
______________________________________
ORDER
This matter came before the Court without oral argument upon consideration of the parties’
Joint Supplemental Brief Regarding Notice of Settlement (Doc. 84) and the Court’s January 5, 2009, Order granting preliminary approval to the parties’ settlement (Doc. 83).
While the Court granted preliminary approval to the parties’ settlement on January 5, 2009,
the Court ordered the parties’ to file a file a joint supplemental brief proposing, in detail, the
means by which the best notice practicable could be provided to the class (Doc. 83). Upon review of the parties’ Joint Supplemental Brief Regarding Notice of Settlement, the Court concludes that the parties’ newly proposed method of providing notice to the class satisfies the requirements of FED. R. CIV. P. 23(e)(1).

As previously noted by the Court (Doc. 83 at 12), the Court has prepared its own Notice of
Class Action Settlement and Fairness Hearing (the “Notice”), which is attached to the instant order. Furthermore, the Court has set a date-certain for the fairness hearing of Tuesday, March 31, 2009. The hearing will begin promptly at 9:00 a.m. Case 6:07-cv-01785-GAP-KRS Document 85 Filed 01/21/2009
Page 1 of 2

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Accordingly, it is hereby ORDERED that, by no later than Friday, February 6, 2009,

• Class counsel will send the attached Notice by both standard U.S. mail and email to
the 63 individuals whom counsel have previously identified as having a mobility
disability and expressed an interest in bringing a Segway to the Walt Disney World
Resort or Disneyland Resort;

• Class counsel will send the attached Notice by both standard U.S. mail and email to
Jerry Kerr, President of DRAFT and its Segs4Vets program, with instructions that
the notice be emailed to all of DRAFT’s members, posted on “DRAFT Chat” as
well as on DRAFT’s and Segs4Vets’ web site(s) in a reasonably conspicuous and
accessible area of same;

• Class counsel will send the attached Notice by both standard U.S. mail and email to
the Executive Director of Rehabilitation Engineering and Assistive Technology
Society of North America (“RESNA”), with instructions that the notice be emailed
to all of RESNA’s members; and

• If any additional organizations which could appropriately provide notice to absent
class members are called to the attention of class counsel, counsel will send the
attached Notice by both standard U.S. mail and email to the president or director of
such organization with instructions that the notice be emailed to all of the
organization’s members.

DONE and ORDERED in Chambers, Orlando, Florida on January 21, 2009.
Copies furnished to:
Counsel of Record
Unrepresented Party
Case 6:07-cv-01785-GAP-KRS Document 85 Filed 01/21/2009 Page 2 of 2
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MAHALA AULT, STACIE RHEA and
DAN WALLACE,
Plaintiffs,
-vs- Case No. 6:07-cv-1785-Orl-31KRS
WALT DISNEY WORLD CO.,
Defendant.

______________________________________
NOTICE OF CLASS ACTION
SETTLEMENT AND FAIRNESS HEARING
TO: THOSE INDIVIDUALS WHO: (1) SUFFER FROM A MOBILITY DISABILITY;
(2); RELY UPON A SEGWAY OR SUBSTANTIALLY SIMILAR STAND-UP
MOBILITY DEVICE FOR ASSISTANCE WITH THEIR MOBILITY; AND (3)
INTEND TO VISIT THE WALT DISNEY WORLD OR WALT DISNEYLAND
RESORTS

A hearing on the matters discussed in this notice is scheduled before the United States
District Court, Judge Gregory A. Presnell, United States District Judge in and for the Middle
District of Florida, on Tuesday, March 31, 2009 at 9:00 a.m. in Courtroom #5A, George C.
Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Orlando,
Florida 32801-0120.

This notice is to inform you of a potential settlement of all claims raised in a nationwide
class action captioned Mahala Ault, et. al. v. Walt Disney World Co., Case No.: 06:07-CV-1785-ORL. The Plaintiffs filed this lawsuit against Walt Disney World Co. (“Disney”) in November Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 1 of 5

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Plaintiffs have alleged that Disney illegally prohibits its guests from using Segways in its theme parks. More specifically, Plaintiffs contend that Disney’s prohibition on using Segways in its parks violates Title III of the Americans with Disabilities Act (commonly referred to as the “ADA”). Disney denies the Plaintiffs’ allegations and denies any fault or wrongdoing whatsoever.

The parties have reached a settlement and the Court has granted preliminarily approval to
the settlement pending the above-scheduled hearing. Anyone who meets the following criteria could be affected by the settlement: those who (1) suffer from a mobility disability; (2) rely upon a Segway or substantially similar stand-up mobility device for assistance with their mobility; and (3) intend to visit the Walt Disney World or Disneyland Resorts. The Plaintiffs have not sought, nor are they entitled to, any monetary relief in this case. Because this class action is for injunctive and declaratory relief only, you may not opt-out of this settlement. Therefore, if the Court gives final approval to the settlement after the fairness hearing, you will be forever bound by the terms of the settlement.

Under the terms of the parties’ settlement, Disney has agreed to develop its own four-wheel electrically-powered stand-up vehicle (“ESV”). This unique and innovative device is intended to replicate in dimension, purpose and operation a common wheelchair or motorized scooter while allowing individuals with a mobility disability to stand upright instead of sit down. Disney’s ESVs will be permitted within the Walt Disney World and Disneyland Resorts and will be made available to qualified guests on the same rental terms as sit-down electric vehicles. Disney expects to start making the ESVs available to its guests sometime after April 1, 2009.Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 2 of 5

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Plaintiffs have agreed that Disney’s new ESVs satisfy their claims to the benefits which a
Segway allegedly provides, while meeting Disney’s concerns for the safety of all its guests.
Plaintiffs have also agreed that Disney may continue to prohibit all guests from using two-wheeled vehicles, including Segways, at its resorts. Although Plaintiffs are not entitled to any monetary relief for damages in this case, Disney has agreed to pay the named Plaintiffs the sum of four thousand dollars ($4,000.00), which may be applied toward a one-week stay for a family of four at one of Disney’s hotels at the Walt Disney World Resort. Disney has also agreed to provide the named Plaintiffs complimentary use of its new ESVs during their next visit to the Walt Disney World Resort. As a potential class member receiving this notice, you are not one of the named Plaintiffs in this case. Accordingly, under the terms of the settlement, you will not receive the sum of four thousand dollars ($4,000.00) or the complimentary use of Disney’s new ESVs during your next visit to the Walt Disney World Resort.

The Court and the parties believe that the settlement is fair, reasonable and adequate. If the Court grants final approval to the settlement, you will be barred from ever contesting the fairness, reasonableness or adequacy of the settlement, or from pursuing any claims against Disney related to the use of Segways or other substantially similar two-wheeled vehicles at the Disney Resorts. If you believe that the Court should not approve the settlement, you may object to the settlement by appearing in person, or by hiring a lawyer to appear on your behalf, at the above-scheduled hearing. Within twenty (20) days prior to the hearing, or by no later than Thursday, March 12, 2009, you or your lawyer must mail to the Court and all counsel listed below:

(1) a written notice of your intention to appear; (2) a written statement of your objection which Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

Page 3 of 5

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includes the reasons for your desire to appear and be heard, including any briefs or other
documents that you or your lawyer wish the Court to consider. The Court’s address is Clerk’s Office, United States District Court for the Middle District of Florida, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. In addition to the Court, the counsel to whom you should mail your written objection are:

John A. Baker and J. Phillip Krajewski
Baker, Baker & Krajewski, LLC
415 South Seventh Street
Springfield, Illinois 62701
Attorney for Plaintiff Dan Wallace
Bernard H. Dempsey, Jr.
Dempsey & Associates, P.A.
1560 Orange Avenue, Suite 200
Winter Park, Florida 32789
Attorney for Plaintiff Mahala Ault
Jason M. Medley
O’Donnell, Ferebee, Medley & Keiser, P.C.
450 Gears Road, 8th Floor
Houston, Texas 77067
Attorney for Plaintiff Stacie Rhea
Kerry Alan Scanlon
Kaye Scholer LLP
901 15th Street, N.W.
Washington, D.C. 2005
Attorney for Defendant Walt Disney World Co.
Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009

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Any person who fails to object in the manner outlined above shall be deemed to have
waived their objection and will be barred from ever raising such objection in this action. IF YOU DO NOT OPPOSE THIS SETTLEMENT, YOU DO NOT NEED TO APPEAR AT THE HEARING, YOU DO NOT NEED TO FILE ANYTHING IN WRITING, AND YOU DO NOT NEED TO HIRE A LAWYER.

The pleadings and other records in this case, including a complete copy of the proposed
settlement agreement, may be inspected and copied during regular office hours at the Clerk’s Office, United States District Court for the Middle District of Florida, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. For a fee, you may also access all records in this case online by utilizing the Public Access to Court Electronic Records (PACER) service at

http://pacer.psc.uscourts.gov.

DONE and ORDERED in Chambers, Orlando, Florida on January 21, 2009.
Copies furnished to:
Counsel of Record
Unrepresented Party
Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 5 of 5

02-05-2009, 10:04 PM	#1
Tarkus Senior Member Join Date: Jun 2005 Location: Ponte Vedra Beach, FL/ Mantoloking NJ Posts: 2,081	URGENT-Disney Proposed Settlement We at DRAFT are opposed to this settlement. We will in the very near future be posting forms on the DRAFT website for those who comprise the "class" in this settlement. This information is required from us by the court. For the record ANYONE who uses a Segway as a mobility device would fall into the "class" and would be unable to bring suit against Disney in the future. Stay tuned for major information sometime next week. We will need all who use or knows someone who uses a Segway as a mobility device to provide information. We are approaching the critical part of this case. DRAFT did not institute this action nor were we parties to the lawsuit, but now that we have been drawn into it we will stand up to fight the fight. Thats all of us that rely on the Segway for our mobility. Thanks and there will be more info to follow. Be Big, AMAC PS-Please don't ask about the ESV mentioned in the settlement. We have no information on this device, it's safety or if any safety studies have been done on it. We don't know if it even exists. ************************************************ ************ UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MAHALA AULT, STACIE RHEA and DAN WALLACE, Plaintiffs, -vs- Case No. 6:07-cv-1785-Orl-31KRS WALT DISNEY WORLD CO., Defendant. ______________________________________ ORDER This matter came before the Court without oral argument upon consideration of the parties’ Joint Supplemental Brief Regarding Notice of Settlement (Doc. 84) and the Court’s January 5, 2009, Order granting preliminary approval to the parties’ settlement (Doc. 83). While the Court granted preliminary approval to the parties’ settlement on January 5, 2009, the Court ordered the parties’ to file a file a joint supplemental brief proposing, in detail, the means by which the best notice practicable could be provided to the class (Doc. 83). Upon review of the parties’ Joint Supplemental Brief Regarding Notice of Settlement, the Court concludes that the parties’ newly proposed method of providing notice to the class satisfies the requirements of FED. R. CIV. P. 23(e)(1). As previously noted by the Court (Doc. 83 at 12), the Court has prepared its own Notice of Class Action Settlement and Fairness Hearing (the “Notice”), which is attached to the instant order. Furthermore, the Court has set a date-certain for the fairness hearing of Tuesday, March 31, 2009. The hearing will begin promptly at 9:00 a.m. Case 6:07-cv-01785-GAP-KRS Document 85 Filed 01/21/2009 Page 1 of 2 -2- Accordingly, it is hereby ORDERED that, by no later than Friday, February 6, 2009, • Class counsel will send the attached Notice by both standard U.S. mail and email to the 63 individuals whom counsel have previously identified as having a mobility disability and expressed an interest in bringing a Segway to the Walt Disney World Resort or Disneyland Resort; • Class counsel will send the attached Notice by both standard U.S. mail and email to Jerry Kerr, President of DRAFT and its Segs4Vets program, with instructions that the notice be emailed to all of DRAFT’s members, posted on “DRAFT Chat” as well as on DRAFT’s and Segs4Vets’ web site(s) in a reasonably conspicuous and accessible area of same; • Class counsel will send the attached Notice by both standard U.S. mail and email to the Executive Director of Rehabilitation Engineering and Assistive Technology Society of North America (“RESNA”), with instructions that the notice be emailed to all of RESNA’s members; and • If any additional organizations which could appropriately provide notice to absent class members are called to the attention of class counsel, counsel will send the attached Notice by both standard U.S. mail and email to the president or director of such organization with instructions that the notice be emailed to all of the organization’s members. DONE and ORDERED in Chambers, Orlando, Florida on January 21, 2009. Copies furnished to: Counsel of Record Unrepresented Party Case 6:07-cv-01785-GAP-KRS Document 85 Filed 01/21/2009 Page 2 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MAHALA AULT, STACIE RHEA and DAN WALLACE, Plaintiffs, -vs- Case No. 6:07-cv-1785-Orl-31KRS WALT DISNEY WORLD CO., Defendant. ______________________________________ NOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING TO: THOSE INDIVIDUALS WHO: (1) SUFFER FROM A MOBILITY DISABILITY; (2); RELY UPON A SEGWAY OR SUBSTANTIALLY SIMILAR STAND-UP MOBILITY DEVICE FOR ASSISTANCE WITH THEIR MOBILITY; AND (3) INTEND TO VISIT THE WALT DISNEY WORLD OR WALT DISNEYLAND RESORTS A hearing on the matters discussed in this notice is scheduled before the United States District Court, Judge Gregory A. Presnell, United States District Judge in and for the Middle District of Florida, on Tuesday, March 31, 2009 at 9:00 a.m. in Courtroom #5A, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Orlando, Florida 32801-0120. This notice is to inform you of a potential settlement of all claims raised in a nationwide class action captioned Mahala Ault, et. al. v. Walt Disney World Co., Case No.: 06:07-CV-1785-ORL. The Plaintiffs filed this lawsuit against Walt Disney World Co. (“Disney”) in November Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 1 of 5 -2- Plaintiffs have alleged that Disney illegally prohibits its guests from using Segways in its theme parks. More specifically, Plaintiffs contend that Disney’s prohibition on using Segways in its parks violates Title III of the Americans with Disabilities Act (commonly referred to as the “ADA”). Disney denies the Plaintiffs’ allegations and denies any fault or wrongdoing whatsoever. The parties have reached a settlement and the Court has granted preliminarily approval to the settlement pending the above-scheduled hearing. Anyone who meets the following criteria could be affected by the settlement: those who (1) suffer from a mobility disability; (2) rely upon a Segway or substantially similar stand-up mobility device for assistance with their mobility; and (3) intend to visit the Walt Disney World or Disneyland Resorts. The Plaintiffs have not sought, nor are they entitled to, any monetary relief in this case. Because this class action is for injunctive and declaratory relief only, you may not opt-out of this settlement. Therefore, if the Court gives final approval to the settlement after the fairness hearing, you will be forever bound by the terms of the settlement. Under the terms of the parties’ settlement, Disney has agreed to develop its own four-wheel electrically-powered stand-up vehicle (“ESV”). This unique and innovative device is intended to replicate in dimension, purpose and operation a common wheelchair or motorized scooter while allowing individuals with a mobility disability to stand upright instead of sit down. Disney’s ESVs will be permitted within the Walt Disney World and Disneyland Resorts and will be made available to qualified guests on the same rental terms as sit-down electric vehicles. Disney expects to start making the ESVs available to its guests sometime after April 1, 2009.Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 2 of 5 -3- Plaintiffs have agreed that Disney’s new ESVs satisfy their claims to the benefits which a Segway allegedly provides, while meeting Disney’s concerns for the safety of all its guests. Plaintiffs have also agreed that Disney may continue to prohibit all guests from using two-wheeled vehicles, including Segways, at its resorts. Although Plaintiffs are not entitled to any monetary relief for damages in this case, Disney has agreed to pay the named Plaintiffs the sum of four thousand dollars ($4,000.00), which may be applied toward a one-week stay for a family of four at one of Disney’s hotels at the Walt Disney World Resort. Disney has also agreed to provide the named Plaintiffs complimentary use of its new ESVs during their next visit to the Walt Disney World Resort. As a potential class member receiving this notice, you are not one of the named Plaintiffs in this case. Accordingly, under the terms of the settlement, you will not receive the sum of four thousand dollars ($4,000.00) or the complimentary use of Disney’s new ESVs during your next visit to the Walt Disney World Resort. The Court and the parties believe that the settlement is fair, reasonable and adequate. If the Court grants final approval to the settlement, you will be barred from ever contesting the fairness, reasonableness or adequacy of the settlement, or from pursuing any claims against Disney related to the use of Segways or other substantially similar two-wheeled vehicles at the Disney Resorts. If you believe that the Court should not approve the settlement, you may object to the settlement by appearing in person, or by hiring a lawyer to appear on your behalf, at the above-scheduled hearing. Within twenty (20) days prior to the hearing, or by no later than Thursday, March 12, 2009, you or your lawyer must mail to the Court and all counsel listed below: (1) a written notice of your intention to appear; (2) a written statement of your objection which Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 3 of 5 -4- includes the reasons for your desire to appear and be heard, including any briefs or other documents that you or your lawyer wish the Court to consider. The Court’s address is Clerk’s Office, United States District Court for the Middle District of Florida, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. In addition to the Court, the counsel to whom you should mail your written objection are: John A. Baker and J. Phillip Krajewski Baker, Baker & Krajewski, LLC 415 South Seventh Street Springfield, Illinois 62701 Attorney for Plaintiff Dan Wallace Bernard H. Dempsey, Jr. Dempsey & Associates, P.A. 1560 Orange Avenue, Suite 200 Winter Park, Florida 32789 Attorney for Plaintiff Mahala Ault Jason M. Medley O’Donnell, Ferebee, Medley & Keiser, P.C. 450 Gears Road, 8th Floor Houston, Texas 77067 Attorney for Plaintiff Stacie Rhea Kerry Alan Scanlon Kaye Scholer LLP 901 15th Street, N.W. Washington, D.C. 2005 Attorney for Defendant Walt Disney World Co. Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 4 of 5 -5- Any person who fails to object in the manner outlined above shall be deemed to have waived their objection and will be barred from ever raising such objection in this action. IF YOU DO NOT OPPOSE THIS SETTLEMENT, YOU DO NOT NEED TO APPEAR AT THE HEARING, YOU DO NOT NEED TO FILE ANYTHING IN WRITING, AND YOU DO NOT NEED TO HIRE A LAWYER. The pleadings and other records in this case, including a complete copy of the proposed settlement agreement, may be inspected and copied during regular office hours at the Clerk’s Office, United States District Court for the Middle District of Florida, George C. Young United States Courthouse and Federal Building, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. For a fee, you may also access all records in this case online by utilizing the Public Access to Court Electronic Records (PACER) service at http://pacer.psc.uscourts.gov. DONE and ORDERED in Chambers, Orlando, Florida on January 21, 2009. Copies furnished to: Counsel of Record Unrepresented Party Case 6:07-cv-01785-GAP-KRS Document 85-2 Filed 01/21/2009 Page 5 of 5 __________________ ************************************* Messages from Alan Maccini and are produced utilizing voice recognition software. We apologize for any errors . To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 5 or greater. You currently have 0 posts. Last edited by Tarkus; 02-05-2009 at 10:12 PM..

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