ACCESS NOW, INC. v. AMBULATORY SURGERY CENTER GROUP, LTD.

5. The Agreements Lacks Any Mechanism for Monitoring Compliance

There is no mechanism for monitoring compliance with the Agreements. While the absence of an effective monitoring program may not alone be a reason to reject the Agreements, the lack of such a program – when coupled with the Agreements’ other significant procedural problems – underscores the manifest injustice class members will likely suffer if the district court endorses the Agreements. Cf. Van Horn v. Trickey, 840 F.2d 604, 608 (8th Cir. 1988) (affirming district court's approval of prisoners' class action challenging conditions at correctional center when settlement agreement provided, inter alia, strong compliance monitoring program by court-appointed committee of penal experts).