Williams v. Hoveround Corporation

Filing 19

CONSENT DECREE: COURT APPROVAL, ADOPTION, AND ENTRY OF THE CONSENT DECREE. THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and havingreviewed this proposed Consent Decree, FINDS AS FOLLOWS: This Court has jurisdiction over the Actio n under 28 U.S.C. § 1331 and 42 U.S.C.§ 12188; The provisions of this Consent Decree shall be binding upon the Parties; This Consent Decree is for settlement purposes only and does not constitute anadmission by Defendant of any of the alleg ations contained in the Complaint or any other pleading in this Action, nor does it constitute any finding of liability against Defendant; The Court shall retain jurisdiction over this matter for 36 months; and This Consent Decree shall be deemed as adjudicating, once and for all, the merits of each and every claim, matter, and issue that was alleged, or could have been alleged by Plaintiff in the Action based on, or arising out of, or in connection with, the allegations in the Complaint. NOW TH EREFORE, the Court approves the Consent Decree and in doing so specificallyadopts it and makes it an Order of the Court. Per Paragraph 5.B of the Court's Individual Rules, the Court will not retain jurisdiction to enforce a settlement unless the parties make the settlement agreement part of the public record. In light of that, the Court does NOT retain jurisdiction with respect to any portion of the settlement that has been memorialized in a side agreement that has not been filed on the docket. If the parties wish for the Court to retain jurisdiction over any such portion of the settlement, they shall publicly file their agreement no later than November 20, 2023. SO ORDERED.(Signed by Judge Jesse M. Furman on 11/13/2023) (ama)

any event, affect any other provisions, all of which shall remain valid and enforceable to the fullest
extent permitted by applicable law.
PERSONS BOUND AND INTENDED THIRD-PARTY BENEFICIARIES
20.

The Parties to this Consent Decree expressly intend and agree that this Consent

Decree shall inure to the benefit of all persons with vision disabilities as defined by the ADA,
including those who utilize a screen reader to access the Website, which disabled persons shall
constitute third-party beneficiaries to this Consent Decree, but does not bind members of the
putative class identified in Plaintiffs Complaint as no class has been certified.
21.

The signatories represent that they have the authority to bind the respective parties,

Plaintiff and Defendant to this Consent Decree.
CONSENT DECREE HAS BEEN READ
22.

This Consent Decree has been carefully read by each of the Parties, and its contents

are known and understood by each of the Parties. This Consent Decree is signed freely by each
party executing it. The Parties each had an opportunity to consult with their counsel prior to
executing the Consent Decree.
PL�//�
Nov. 3, 2023

Dated: ---------

Milton Williams (Nov 3, 2023 18:37 PDT)

DEFENDANT
Dated: --------November 9, 2023

130991373.1

By: ---------Amanda McFaddin
Vice President of Compliance

November 13, 2023
Per Paragraph 5.B of the Court’s Individual Rules, the Court will not retain jurisdiction to enforce
a settlement unless the parties make the settlement agreement part of the public record. In light of
that, the Court does NOT retain jurisdiction with respect to any portion of the settlement that has
been memorialized in a side agreement that has not been filed on the docket. If the parties wish for
the Court to retain jurisdiction over any such portion of the settlement, they shall publicly file their
agreement no later than November 20, 2023.