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 DOLLAR GENERAL 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 Rebecca Nocera, Tracy Michel, Jennifer Rossman, Angela Reneau, Felicia Sammarco, John J. Notto, Steven Willner and Heather Sharp, individually and on behalf of all others similarly situated, v. Dollar General Corporation d/b/a Dollar General, Dolgencorp LLC d/b/a Dollar General, Dolgen New York LLC, DG Retail LLC, and Dolgen California LLC, Case No. 2:18-cv-01222-WSS (W.D. Pa.) (the “Lawsuit”).

The Lawsuit asserts that Dollar General Corporation d/b/a Dollar General, Dolgencorp LLC d/b/a Dollar General, Dolgen New York LLC, DG Retail LLC, and Dolgen California LLC (collectively, “Dollar General”) 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 Dollar General in the United States. The Lawsuit seeks (1) injunctive relief to modify Dollar General’s practices to ensure accessibility of Dollar General’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.

Dollar General 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 and who have been, or in the future during the Term of the Settlement Agreement will be, denied the full and equal enjoyment of stores owned and/or operated by Dollar General in the United States because such persons encountered 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 Dollar General stores nationwide. Specifically:

Dollar General will take measures to ensure that Dollar General Stores remain accessible, clean, and safe at all times for its customers. Dollar General has agreed to ensure the placement of merchandise, shopping carts, boxes and/or other non-fixed items will not reduce or eliminate accessibility to the Access Routes. Dollar General will train its field management teams and all store personnel on ADA Title III compliance and on the mitigation and prevention of Access Barriers in Access Routes. Dollar General will include a toll-free customer assistance line phone number on a customer-facing door poster or sign that includes the universal persons with disabilities symbol with language to the effect of, “We are committed to compliance with the Americans with Disabilities Act. Our employees are glad to help! If you need assistance, please ask a Dollar General associate or call 1-877-463-1553.” Dollar General will implement a process that directs all accessibility issues reported through the aforementioned customer service line to be recorded and forwarded, in writing, to the appropriate District Manager for prompt investigation, and, if necessary, prompt remediation.

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

The settlement also provides for payment to each Named Plaintiff of $1,000.00 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 $385,000.00 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 Dollar General 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 Dollar General’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 March 29, 2021, for it to be considered. All written objections and supporting papers must clearly set forth: (i) the name of the litigation, Rebecca Nocera, Tracy Michel, Jennifer Rossman, Angela Reneau, Felicia Sammarco, John J. Notto, Steven Willner and Heather Sharp, individually and on behalf of all others similarly situated, v. Dollar General Corporation d/b/a Dollar General, Dolgencorp LLC d/b/a Dollar General, Dolgen New York LLC, DG Retail LLC, and Dolgen California LLC, Case No. 2:18-cv-01222-WSS (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 May 11, 2021, at 1:30 PM EST by 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 March 29, 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.dollargeneraladasettlement.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.dollargeneraladasettlement.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 Dollar General’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:

R. Bruce Carlson, Esquire
bcarlson@carlsonlynch.com
Carlson Lynch, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
www.carlsonlynch.com

Christina Asbee, Esquire
Christina.Asbee@drny.org
Disability Rights New York
725 Broadway, Suite 450
Albany, NY 12207-5001
www.drny.org