Opinion
Case No. C-05-4004 PHJ, CLASS ACTION.
October 4, 2005
CHAVEZ GERTLER LLP MARK A. CHAVEZ, KIM E. CARD, ANDREA S. VISVESHWARA, Mill Valley, California.
DISABILITY RIGHTS ADVOCATES, LAURENCE W. PARADIS, KEVIN KNESTRICK, Berkeley, California,
LAWRENCE CELANO, RICHARD THESING and the PROPOSED PLAINTIFF CLASS Attorneys for Plaintiffs.
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT OCEAN COLONY PARTNERS, L.L.C.
NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT OCEAN COLONY PARTNERS, L.L.C.
WHEREAS, on October 4, 2005, plaintiffs filed this class action against Defendants Marriott International Inc., Host Marriott Corporation, and Ocean Colony Partners, L.L.C. ("Ocean Colony") on behalf of a proposed class of "(a)ll people with mobility disabilities throughout the United States who require an accessible golf cart to secure full and equal access to the golf courses that are owned, operated and/or contracted for usage by Defendants" and a proposed Subclass of "(a)ll people with mobility disabilities throughout California who require an accessible golf cart to secure full and equal access to the golf courses that are owned, operated and/or contracted for usage by Defendants".
WHEREAS, plaintiffs' Complaint sought injunctive relief only.
WHEREAS, named plaintiffs Lawrence Celano and Richard Thesing have entered into a settlement and release of all claims with Defendant Ocean Colony (attached as Exhibit A).
WHEREAS, pursuant to the settlement agreement, Defendant Ocean Colony has agreed to acquire two accessible golf carts for use on Ocean Colony's golf courses and allow Plaintiffs and/or their representatives to inspect Defendant Ocean Colony's facilities twice a year to ensure the availability and proper maintenance of the carts.
WHEREAS, plaintiffs' believe they have secured relief that will inure to the benefit of all persons with mobility disabilities who wish to use an accessible cart at Ocean Colony's golf facilities located in Half Moon Bay.
WHEREAS, no class has yet been certified in this action.
WHEREAS, plaintiffs' counsel is not aware of any putative class member that has relied on this class action to his or her detriment or who has refrained from filing his or her own complaint for injunctive relief or damages because of this case.
WHEREAS, the claims against Defendants Marriott International Inc. and Host Marriott Corporation are not resolved and these parties remain Defendants in this action. NOTICE IS HEREBY GIVEN that pursuant to Fed.R.Civ.Proc. 41(a), plaintiffs voluntarily dismiss Defendant Ocean Colony from this action with prejudice.