NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT ATTENTION:

ALL INDIVIDUALS WITH QUALIFIED MOBILITY DISABILITIES WHO ENCOUNTERED ACCESSIBILITY BARRIERS AT ALDI INC. OWNED AND/OR OPERATED PARKING LOTS OR ROUTES FROM ACCESSIBLE PARKING SPACES TO THE ENTRANCE OF AN ALDI STORE IN THE UNITED STATES

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 Dieter v. ALDI Inc., Case No. 2:18-cv-00846-JFC (W.D. Pa.) (the “Lawsuit”).

The Lawsuit asserts that ALDI Inc. (“ALDI”) violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and its implementing regulations by failing to provide accessible parking spaces and/or routes from the accessible parking spaces to the store entrance at six (6) ALDI stores in Pennsylvania, Ohio, and North Carolina (“Identified Stores”).  The Lawsuit also asserts that ALDI has inadequate policies in place to ensure that Parking Facilities throughout the United States are accessible to individuals with a qualified mobility impairment.  The Lawsuit seeks (1) injunctive relief to remove barriers at Parking Facilities and modify ALDI’s policies to ensure accessibility at Parking Facilities, and (2) costs, expenses and attorneys’ fees for prosecuting the case.

ALDI 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 persons with qualified mobility disabilities who have experienced or may experience access barriers that occur within ALDI Store Parking Facilities.

(II) SUMMARY OF THE PROPOSED SETTLEMENT

The settlement results in injunctive relief that will ensure, subject to certain reasonable and acceptable slope tolerances, that all of the Parking Facilities will conform to the ADA’s accessibility standards (“2010 Standards”) and puts in place a process for identifying and removing barriers at all of the ALDI parking facilities throughout the United States.

The settlement contains reporting and monitoring provisions to ensure that ALDI meets its obligations under the settlement. 

The settlement also provides for an incentive payment to Plaintiff Richard Dieter of $5,000 and a payment to Class Counsel of $350,000 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 accessibility of the Parking Facilities throughout the United States.  In other words, once the settlement is approved, all Class members will release and forever discharge claims they may have for injunctive relief related to the accessibility of the Parking Facilities.

(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.

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 July 12, 2019, for it to be considered.  All written objections and supporting papers must clearly set forth:  (i) the name of the litigation, Dieter v. ALDI Inc., Case No. 2:18-cv-00846-JFC (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 August 29, 2019 at 11:00 a.m. EST at the United States District Court for the Western District of Pennsylvania, 700 Grant Street, Courtroom 5A, Pittsburgh, PA 15219.  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.  

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 July 12, 2019, and be sent to the Clerk of the Court:

Clerk of the Court

U.S. District Court

700 Grant Street

Pittsburgh, PA 15219

The date of the fairness hearing may change without further notice to the class.  You should check the settlement website at www.aldiparkingsettlement.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.aldiparkingsettlement.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 9:00 a.m. and 4:00 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 ALDI’s Counsel with questions about this settlement. Any questions must be directed to Class Counsel at the address below:

Benjamin J. Sweet, Esquire

ben@sweetlawpc.com

The Sweet Law Firm, PC

186 Mohawk Drive

Pittsburgh, PA 15228

(412) 742-0631

www.sweetlawpc.com

 (1) “Parking Facility” means the area of accessible parking spaces and routes from those spaces to the accessible building entrance or facility they serve, provided however, the same area is owned or controlled by ALDI.