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Pinnock & Wakefield negotiated a class action settlement in the case of Nava v. GM Oil. The terms of the settlement, in summation, are:
1.
The consent Class Action Consent Decree provides for comprehensive and
complete declaratory remediation to guarantee, within four years, that all of
Defendants’ gasoline stations will be in compliance with the ADA.
Specifically, paragraph 12 of the Class Action Consent Decree provides a
detailed delineation of the structural changes to be made in Defendants’
existing stations to comply with ADA Standards. Further, paragraph 12 provides a
method to remedy barriers not specifically delineated in paragraph 12. In
addition, paragraphs 8, 9 and 10 of the Class Action Consent Decree require
stations constructed after January 26, 1993, altered stations, and acquired
stations to comply with ADA Standards. The
Class Action Consent Decree does not change or modify existing ADA Standards.
The Class Action Consent Decree simply dictates in great detail the
manner in which Defendants will comply with the ADA Standards without a
mandatory injunctive order issued by this Court. 2.
The Class Action Consent Decree outlines measures to eliminate
discrimination against class members. These
measures are specified in paragraphs 22 and 24 of the Class Action Consent
Decree. 3.
The Class
Action Consent Decree provides for a detailed enforcement mechanism to ensure
compliance with the terms of the Class Action Consent Decree.
paragraph 21 allows an ADA Consultant to inspect modified stations to
verify ADA compliance. Paragraph 25
provides for a detailed dispute resolution process, including, informal
resolution, non-binding resolution by Magistrate James F. Stiven and binding
resolution by this Court. |
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Pinnock & Wakefield, A.P.C. Plaza Centre 7851 Mission Center Ct., Suite 310 San Diego, CA 92108 Telephone: 619.858.3671 * Facsimile: 619.858.3646 www.PinnockWakefieldLaw.com |