Stiner v. Brookdale Senior Living

Background

Plaintiffs, who are current and former Brookdale residents or their successors in interest, alleged that Brookdale Senior Living, Inc. and Brookdale Senior Living Communities, Inc. operated six California facilities in violation of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The alleged barriers involved transportation, emergency evacuation, and staffing.

The court had previously certified four subclasses under Federal Rule of Civil Procedure 23(b)(2): a subclass of wheelchair and scooter users challenging Brookdale’s Fleet Safety Policy, and three facility-specific subclasses involving Brookdale’s San Ramon, Scotts Valley, and Brookhurst facilities. After nearly eight years of litigation, claims remained involving individual injunctive-relief and damages claims, the wheelchair-and-scooter-users subclass, and the Brookhurst subclass.

The parties participated in four mandatory settlement conferences and additional negotiations. The court had preliminarily approved the settlement in June 2025 and held a final fairness hearing on October 16, 2025.

Settlement Terms and Court’s Analysis

The settlement provides injunctive relief to the four certified subclasses. Brookdale agreed to bring the interior and exterior common areas of its Brookhurst, San Ramon, and Scotts Valley facilities into compliance with the 2010 Americans with Disabilities Act Accessibility Standards within five years. It also agreed to renovate specified residential units at those facilities to comply with the applicable accessibility standard. The settlement keeps in place the portion of Brookdale’s transportation policy allowing residents to remain in wheelchairs, scooters, or other powered mobility aids during transit, although Brookdale may modify the policy to comply with applicable laws and regulations.

Subclass members will release claims for declaratory or injunctive relief arising from the claims asserted or that could have been asserted in the action. The release does not cover individual personal-injury claims or claims based on an alleged breach of the settlement agreement. The settlement also releases appellate rights except rights concerning the attorneys’ fees, costs, and expenses motion.

The court found that the approved notice plan was implemented and provided adequate notice. Class members had 60 days to object, and no objections were received by September 15, 2025 or at the final fairness hearing. Applying the standards for class-action settlements, the court found the agreement fair, adequate, and reasonable, considering the litigation risks, the substantial accessibility improvements, the extensive discovery, and the absence of objections.

Attorneys’ Fees, Costs, and Incentive Awards

The court granted Plaintiffs’ motion for attorneys’ fees, costs, and expenses. It awarded $10,635,050.28 in attorneys’ fees and $3,864,949.72 in costs and expenses, for a total award of $14,500,000. The court found the fee request reasonable in light of the significant injunctive relief, more than eight years of litigation, extensive discovery, and counsel’s reported lodestar of $40,200,387 after billing reductions. The approved costs included litigation expenses such as expert fees, deposition transcripts, investigation services, travel, and research.

The court also granted the motion for incentive awards and awarded $5,000 each to class representatives Stacia Stiner, Bernie Jestrabek-Hart, and Jeannette Algarme. The court found the awards warranted because each representative spent at least 75 hours assisting with discovery and depositions, and they also assisted with document review, written discovery, settlement conferences, and other litigation activities.

Disposition

Judge Haywood S. Gilliam, Jr. granted Plaintiffs’ motion for final approval of the Settlement Agreement, granted Plaintiffs’ motion for attorneys’ fees and costs, and granted Plaintiffs’ motion for class representatives’ incentive awards. The parties were directed to file a short stipulated proposed final judgment within seven days.