II. BACKGROUND AND PROCEDURAL HISTORY
In January 1999, Access Now filed a complaint against Cedars Health Care Group, Ltd. ("Cedars"), a Florida corporation operating healthcare service facilities in Miami, Florida, alleging that Cedars intentionally discriminated against plaintiffs and individuals with disabilities in violation of the ADA, by denying them access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the hospital. (Docket #1, at ¶ 8). Since the initial complaint was filed in this matter, four amended complaints have been filed, each time adding more defendants. (Docket ## 1, 24, 43, 68, 130).
On May 18, 2000, this Court, pursuant to Rule 23 of the Federal Rules, conditionally granted certification of a class that includes "all persons in the United States" covered by the ADA. (Docket # 63). In its fourth amended class action complaint, filed in December 2001, Plaintiffs allege that the class, which "consist[s] of well over Ten Million (10,000,000) members" has been denied full and equal access to public accommodations owned or operated by Defendants, nationwide providers of health care services operating over 450 medical facilities throughout the United States, in violation of the ADA. (Docket # 130, ¶¶ 13, 15).
On January 2, 2002, Plaintiffs and Settling Defendants Northwest and Largo filed Partial Settlement Agreements that purport to settle any accessibility claims concerning physical, communications, structural, and program access barriers on behalf of a nationwide class of persons with respect to Northwest and Largo. (Docket ## 132, 133.) By Orders dated January 2, 2002, this Court scheduled the fairness hearings for March 11, 2002, directed the parties to provide notice to the Class, and set February 15, 2002, as the cut-off date for objections to the Northwest Agreement and Largo Agreement. See Orders as to the Notice of Partial Settlement Agreements (Docket ##134, 135).
The Court also Ordered the Parties to provide notice of the agreement to the class members via one of the following methods: (i) newsletter or (ii) announcement on the Internet website of Access Now, Inc. (Docket # 80). This Court’s Order also provided that summary notices are to be posted at one or two public locations in the facility or facilities affected by the proposed Agreements. Id.
The summary notice advises that Settling Defendants will improve access to and usability of their facilities for persons with disabilities in exchange for a "general release...effective to forever discharge any claims relating to physical, communication, structural and program access barriers . . . ." (Docket ## 132, 133, Exhibit B).
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