United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order

8.  Notice, Reporting, and Monitoring Requirements   

8.1  Within twelve months of the Effective Date of this Consent Order, and every twelve months thereafter for the Term of this Consent Order, Cinemark shall provide written notice to the DOJ identifying the theater location(s) at which modifications required by this Consent Order were performed and identifying any newly constructed theater(s). The written notice shall also include architectural plans, where available, and photographs of the modifications made at each Modified  Theater during the prior one year period.

8.2     Throughout the Term of this Consent Order, the DOJ may, upon reasonable notice to Cinemark, review compliance with this Consent Order by sending representatives to inspect any Cinemark stadium-style movie theater, either existing or under construction, that is covered by this Consent Order. Any such inspections shall be conducted (i) during non-show times within ten (10) business days of such notice and (ii) shall be limited to the requirements of the ADA with respect to (a) providing wheelchair spaces with lines of sight comparable to those for members of the general public, (b) including wheelchair spaces as an integral part of the fixed seating plan, (c) providing the appropriate depth for cross aisles to wheelchair spaces and (d) satisfying applicable dispersion requirements under this Consent Order. Cinemark shall have the right to have a corporate representative present at any such inspection. In addition, Cinemark shall provide the DOJ with architectural drawings of planned theaters not yet under construction upon request and reasonable notice, at the DOJ's expense.

8.3     The United States may review compliance with this Consent Order at any time. If the United States believes that Cinemark is not in compliance with this Consent Order or any requirement contained herein, the United States agrees to notify Cinemark in writing of the alleged noncompliance and attempt to seek a reasonable resolution of the matter with Cinemark. Cinemark shall have sixty (60) days in which to respond to such written notice and provide objections or a schedule for correction of agreed upon deficiencies. If the parties are unable to reach a resolution within sixty (60) days after the United States has received Cinemark's response, the United States may seek appropriate relief from this Court. Failure by the United States to seek enforcement of this entire Consent Order, or any provision thereof, with regard to any deadline or any other provision herein, shall not be construed as a waiver of the United States' right to do so with regard to other deadlines and provisions of this Consent Order.

8.4     All notices, correspondences and reports required by this Consent Order shall be sent by overnight courier to the parties at the following addresses or to such other person as the parties may designate in writing in the future:

For notices to the Department:

John L. Wodatch, Chief
Disability Rights Section
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, DC 20530

For notices to Cinemark:

Michael Cavalier
Vice President-General Counsel
Cinemark USA, Inc.
3900 Dallas Parkway, #500
Plano, Texas 75093

and

Laura M. Franze
Akin, Gump, Strauss, Hauer & Feld, L.L.P.
1700 Pacific Avenue, Suite 4100
Dallas, Texas 75201-4675.