You can read the settlement at www.creeclaw.org/PepsiCenterSettlement
If you want to file an objection or appear at the hearing, you must send the objection or notify the court before February 22, 2018 at this address. Be sure to include the case name and number: Kurlander v. Kroenke Arena Co, No. 16-cv-02754-WYD-NYW.
Clerk of the Court,
US Courthouse,
901 19th Street,
Denver, CO 80294.
The hearing will take place at 10:00 a.m. on April 5, 2018:
The Honorable Wiley Y. Daniel
Courtroom A-1002
901 19th Street
Denver Colorado 80294
Questions? Contact:
Amy F. Robertson
Civil Rights Education and Enforcement Center
104 Broadway, Suite 400
Denver, CO 80203
303.757.7901
arobertson@creeclaw.org
Full Text of Spoken Audio in Video:
Hi. My name is Amy Robertson, and I'm an attorney with the Civil Rights Education and Enforcement Center, or CREEC. CREEC represents a deaf woman named Kirsten Kurlander who brought a lawsuit against the Pepsi Center under the Americans with Disabilities Act.
The lawsuit asked that the Pepsi Center provide open captioning of information spoken over the public address system during sporting events at the Pepsi Center. For example, hockey or basketball games. I also want to mention Susan P Klopman, who is the attorney representing the Pepsi Center in this case.
We are very excited to announce that Ms Kurlander and the Pepsi Center have reached a settlement in this lawsuit. This vlog is about that settlement. At the end of the vlog, I will provide contact information and dates so that you do not have to write them down as I talk.
Under this settlement between Ms Kurlander and the Pepsi Center, the Pepsi Center will provide open captioning at events that are not concerts, that is, mostly sporting events, on four LED letter boards on the front of the third level at the Pepsi Center, in four different locations around the arena.
These captions will be generally visible throughout the arena. The Pepsi Center will start providing these captions at the first preseason Colorado Avalance game in October of 2018.
Ms Kurlander, CREEC, and the Pepsi Center all believe that this is a very good settlement. We considered a number of different technologies, and concluded that this was the best solution for deaf and hard of hearing sports fans at the Pepsi Center. This vlog is only a summary of the settlement.
You can read the full settlement at www.creeclaw.org/pepsicentersettlement. We'll put that link at the end of the vlog as well.
This case is what's called a class action case. That means that even though Ms Kurlander was the only person suing the Pepsi Center in this case, she is bringing the case on behalf of all deaf and hard of hearing people who like to attend sporting events at the Pepsi Center. These people, that is, people who are deaf or hard of hearing, and like to attend sporting events at the Pepsi Center, are called class members.
Because the case is a class action, the judge will need to approve the settlement. The judge in our case, Judge Wiley Y Daniel, will hold a hearing on April 5, 2018, at 10:00 in the morning, to determine whether the settlement is fair and reasonable for class members, and thus, whether to approve the settlement.
If you like the result of this settlement, you do not have to do anything. If you disagree with the settlement, you may file an objection explaining why you don't like the settlement. If you decide to file an objection, it must be filed in writing with the court. I'll provide that address at the end of the vlog as well. The deadline to file objections is February 22, 2018.
At the hearing on April 5, the judge will also consider any objections to the settlement. If he denies the objections, or if there are no objections, and determines that the settlement is fair and reasonable for the class, he will approve the settlement. At that hearing, Judge Daniel will also consider whether to grant CREEC, as the attorneys who represent the class, their attorney's fees that will be paid by the Pepsi Center.
Because this is a class action, all members of the class will benefit from the settlement with the Pepsi Center. But also, because this is a class action, after the judge approves the settlement, all class members will be bound by the settlement. So after the judge approves the settlement, you will not be able to bring your own lawsuit against the Pepsi Center about captioning, to try to get a different result later on.
Class members are not required to attend the hearing, but if you are a member of the class of deaf and hard of hearing Pepsi Center sports fans, and want to attend, or present your objections at the hearing, you have to file those objections with the court in writing before February 22, 2018. Again, if you have any questions, you may contact me using the contact information that will be shown at the end of this vlog. Thank you very much.
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