NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT

ATTENTION:

ALL INDIVIDUALS WITH QUALIFYING DISABILITIES WHO USE A WHEELCHAIR, SCOOTER, OR ANY OTHER DEVICE FOR MOBILITY WHO BELIEVE THEY HAVE BEEN, OR IN THE FUTURE WILL BE, DENIED THE FULL AND EQUAL ENJOYMENT OF FAMILY DOLLAR AND DOLLAR TREE STORES IN THE UNITED STATES BECAUSE OF ACCESS BARRIERS AT THOSE STORES

YOU HAVE A RIGHT TO OBJECT TO THE SETTLEMENT DESCRIBED BELOW.

READ THIS NOTICE AND INSTRUCTIONS CAREFULLY

This notice is to inform you about the proposed class settlement that would resolve the lawsuit captioned Gayle Lewandowski, Janet Agardy, and Marisa Martinez, individually and on behalf of all others similarly situated, v. Family Dollar Stores, Inc., Family Dollar, Inc., and Dollar Tree Stores, Inc., Case No. 2:19-cv-00858-MJH (W.D. Pa.) (the “Lawsuit”).

The Lawsuit asserts that Family Dollar Stores, Inc., Family Dollar, Inc., and their respective parents, subsidiaries, and affiliates, and Dollar Tree Stores, Inc. (collectively, “Family Dollar”) violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) by failing to remove hindrances to common routes of travel (“Access Barriers”) at stores owned and/or operated by Family Dollar in the United States. The Lawsuit seeks (1) injunctive relief to modify Family Dollar’s practices to ensure accessibility of Family Dollar’s stores for people with qualifying disabilities who use wheelchairs, scooters, or other devices for mobility, and (2) costs, expenses and attorneys’ fees for prosecuting the case.

Family Dollar believes that it acted lawfully and in compliance with the ADA at all times and denies all liability in the Lawsuit. However, the parties have agreed to settle the Lawsuit to avoid the burden, expense, risk, and uncertainty of continuing the litigation and to achieve a final resolution. The Court has preliminarily approved the parties’ proposed settlement agreement but has yet to finally approve it.

I. THE CLASS

The class certified in the Lawsuit is defined as follows: All individuals with qualifying disabilities who use wheelchairs, scooters, or any other device for mobility, or otherwise experience qualifying mobility impairments, and who have been, or in the future during the Term of this Agreement will be, denied the full and equal enjoyment of the Stores owned and/or operated by Defendants in the United States because of the Access Barriers at those Stores (the “Class”). The Term of the Settlement Agreement commences after the Court grants final approval and the time for any appeal expires, and the Term concludes four years thereafter.

II. SUMMARY OF THE PROPOSED SETTLEMENT

The settlement results in injunctive relief that includes measures to prevent Access Barriers from blocking paths of travel, both inside and outside and to accessible parking areas, (“Access Routes”) at Family Dollar stores nationwide. Specifically:

Family Dollar will maintain a minimum width of the path of travel of at least 36 inches for any of the following Pathways: parking in designated accessible parking spaces and adjoining access aisles; access route from the designated accessible parking spaces to the Store entrance; the entrances or exits of the stores; accessible routes within the store, (i.e., aisles or pathways to merchandise on the sales floor); access routes to, and use of, publicly available restroom facilities; the route to or ability to use the publicly available drinking fountains; and paths to any emergency exits and/or fire escape doors. Defendants will take reasonable steps to maintain access to, and use of, publicly available restrooms at their Stores for Class Member(s) in accordance with 42 U.S.C. §12182(b)(2)(A)(iv) (for Stores that were designed and constructed for first occupancy prior to January 26, 1993) and 42 U.S.C. §12183(a)(1)(2) (for Stores constructed or restrooms that underwent an alteration as defined in the ADA on or after January 26, 1993). Maintaining access and use will include accessibility of paths of travel within the restrooms, sinks, under sink areas, maneuvering clearances (including knee and toe clearances), reach ranges to operable parts (including maximum force to activate an operable part), mirrors, water closets (and all elements therein), in accordance with either the 1991 or 2010 ADA Standards for Accessible Design (“ADA Standards”), whichever is applicable to the restrooms at the Stores.

Defendants will provide an e-mail address, website address and/or toll-free telephone number where customers can report an alleged violation of the ADA. Defendants will ensure all Regional Directors, District Managers, and Store Managers complete a computer-based ADA Title III training module and/or other ADA training. In addition, the settlement contains monitoring and reporting provisions to ensure that Family Dollar meets its obligations. Class Counsel will conduct audits of Family Dollar’s compliance.

The settlement contains monitoring provisions to ensure that Family Dollar meets its obligations. Family Dollar’s District Managers will conduct quarterly store compliance checks. Additionally, Class Counsel will also conduct audits of Family Dollar’s compliance with the settlement.

The settlement also provides for payment to each Named Plaintiff in the following amounts: $2,500.00 to Gayle Lewandowski; $2,500.00 to Janet Agardy; and, $1,000.00 to Marisa Martinez in exchange for a full general release of any claims for damages and for the services provided in this lawsuit, and a payment to Class Counsel of $321,500.00 for past and future attorneys’ fees and costs relating to the prosecution of the Lawsuit and future monitoring.

III. THE EFFECT OF THE SETTLEMENT ON THE RIGHTS OF CLASS MEMBERS

If the settlement is approved by the Court, all Class members will be bound by the terms of the settlement relating to the provision of accessible routes at stores owned and/or operated by Family Dollar in the United States. In other words, once the settlement is approved, all Class members will release and forever discharge claims that they may have had for injunctive relief related to the Access Barriers at Family Dollar’s stores for people with qualifying disabilities who use a wheelchair, scooter, or other device for mobility for a term of four years after the Court approves the final settlement and any appeal period has expired.

IV. OBJECTING TO THE SETTLEMENT

If you are a Class member, you can ask the Court to deny approval of this settlement by filing an objection with the Court. You can give reasons why you think the Court should not approve it. You must do so in writing. The Court will consider your views. If the Court denies approval of the settlement terms, there will be no settlement and the Lawsuit will continue. You must object in writing and in accordance with the instructions below. If you are hearing-impaired or have communications disabilities and need an accommodation to submit a written objection, contact the Court’s Communication Access Coordinator at:

Communication Access Coordinator
Colleen Willison, Chief Deputy Clerk
Jason Schantz, (alternate)
Joseph F. Weis, Jr. U.S. Courthouse
700 Grant Street
Pittsburgh, PA 15219
(412) 208-7500

To object, you must file the objection with the Clerk of the Court either in person or by first class mail at the following address:

Clerk of the Court
U.S. District Court
700 Grant Street
Pittsburgh, PA 15219

Any objection must be received by December 23, 2021 for it to be considered. All written objections and supporting papers must clearly set forth: (i) the name of the litigation, Gayle Lewandowski, Janet Agardy, and Marisa Martinez, individually and on behalf of all others similarly situated, v. Family Dollar Stores, Inc., Family Dollar, Inc., and Dollar Tree Stores, Inc., Case No. 2:19-cv-00858-MJH (W.D. Pa.); (ii) the Class member’s full name, address, and telephone number; and (iii) the specific reasons for the objection, and any evidence or legal authority the Class member believes supports the objection.

Class members who fail to properly or timely file objections in writing with the Court and in accordance with the procedures set forth above shall not be heard during the fairness hearing described below, nor shall their objections be considered by the Court.

V. FAIRNESS HEARING

The District Court will hold a fairness hearing to decide whether to approve the settlement. The fairness hearing will be held on February 9, 2022 at 9:00 am EST via Videoconference. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections or requests to be heard, the Court may consider them at the hearing. The Court may also decide the amount of attorneys’ fees and costs to be paid to Class Counsel.

If you file an objection, you may also appear at the fairness hearing. You may appear at the hearing either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. To be heard at the hearing, you must ask the Court for permission to speak at the same in advance of the hearing. To do so, you must file, in writing, a Notice of Intention to Appear with the Clerk of the Court. Be sure to include your name, address, telephone number and signature on the notice. Your Notice of Intention to Appear must be postmarked no later than December 23, 2021, and be sent to the Clerk of the Court:

Clerk of the Court
U.S. District Court
700 Grant Street
Pittsburgh, PA 15219

If you are hearing impaired or have communications disabilities and need an accommodation to attend and/or participate in the fairness hearing, contact the Court’s Communication Access Coordinator at:

Communication Access Coordinator
Colleen Willison, Chief Deputy Clerk
Jason Schantz, (alternate)
Joseph F. Weis, Jr. U.S. Courthouse
700 Grant Street
Pittsburgh, PA 15219
(412) 208-7500

The date of the fairness hearing may change without further notice to the class. You should check the settlement website at www.adasettlementfamilydollar.com or the U.S. Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.pawd.uscourts.gov to get the most current information concerning the date of the hearing.

VI. FURTHER INFORMATION

This notice summarizes the proposed settlement. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire. For the precise terms and conditions of the settlement, please see the settlement agreement available at www.adasettlementfamilydollar.com, contact Class Counsel using the information below, access the Court docket in this case through the Court’s Public Access website at PACER.gov, or visit the U.S. District Court, 700 Grant Street, Suite 3100, Pittsburgh, PA 15219, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

To obtain a copy of this notice in alternate accessible formats, contact Class Counsel using the information below.

VII. CONTACT INFORMATION

Please do not contact the Court, the Court Clerk’s office, or Family Dollar’s Counsel with questions about this settlement. Any questions must be directed to Class Counsel at 1-800- 467-5241 or at the addresses below:

Nicholas A. Colella
Lynch Carpenter, LLP
Attn: Family Dollar Class Action Settlement
1133 Penn Avenue,
5th Floor
Pittsburgh, PA 15222
nickc@lcllp.com

R. Bruce Carlson
Carlson Brown
Attn: Family Dollar Class Action Settlement
222 Broad Street
PO Box 242
Sewickley, PA 15143
bcarlson@carlsonlynch.com