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STICKNEY v. CALIFORNIA GRAND CASINO

September 13, 2005.

RICHARD STICKNEY, Plaintiff,
v.
CALIFORNIA GRAND CASINO, INC.; LAMAR V. "WILL" WILKINSON; and DOES 1-25, Inclusive, Defendants.



The opinion of the court was delivered by: CLAUDIA WILKEN, District Judge

CONSENT DECREE AND ORDER

CONSENT DECREE AND ORDER

  1. Plaintiff RICHARD STICKNEY filed this action on August 25, 2004, to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 et seq., and California civil rights laws against Defendants, CALIFORNIA GRAND CASINO, INC. and LAMAR V. "WILL" WILKINSON; and DOES 1 through 25, Inclusive. Plaintiff has alleged that Defendants CALIFORNIA GRAND CASINO, INC. and LAMAR V. "WILL" WILKINSON violated Title III of the ADA and sections 51, 52, 54.1, and 55 of the California Civil Code, and sections 19955 et seq., of the California Health and Safety Code by failing to provide full and equal access to their facilities at the California Grand Casino when plaintiff visited the subject facility on October 11, 2003.

  2. Defendants CALIFORNIA GRAND CASINO, INC. and LAMAR V. "WILL" WILKINSON ("Defendants") deny the allegations in the Complaint and by entering into this Consent Decree and Order do not admit liability to any of the allegations in Plaintiff's Complaint filed in this action. The parties hereby enter into this Consent Decree and Order for the purpose of resolving this lawsuit without the need for protracted litigation, and without the admission of any liability.

  JURISDICTION:

  3. The parties to this consent decree agree that the Court has jurisdiction of this matter pursuant to 28 USC § 1331 for violations of the Americans with Disabilities Act of 1990, 42 USC 12101 et seq. and pursuant to pendant jurisdiction for violations of California Health & Safety Code § 19955 et seq., including § 19959; Title 24 California Code of Regulations; and California Civil Code §§ 51; 52; 54; 54.1; § 54.3; and 55.

  4. In order to avoid the costs, expense, and uncertainty of protracted litigation, the parties to this consent decree agree to entry of this Order to resolve all claims regarding injunctive relief and damages raised in the Complaint filed with this Court on August 25, 2004. Accordingly, they agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning plaintiff's claims for injunctive relief or damages.

  WHEREFORE, the parties to this consent decree hereby agree and stipulate to the Court's entry of this Consent Order, which provides as follows:
SETTLEMENT OF INJUNCTIVE RELIEF:
  5. This Order shall be a full, complete, and final disposition and settlement of Plaintiff's claims against Defendants for injunctive relief that have arisen out of the subject Complaint. The parties agree that there has been no admission or finding of liability or violation of the ADA and/or California civil rights laws, and this Consent Decree and Order should not be construed as such.

  6. The parties agree and stipulate that the corrective work will be performed in compliance with the standards and specifications for disabled access as set forth in the California Code of Regulations, Title 24-2 and Americans with Disabilities Act Accessibility Guidelines, unless other standards are specifically agreed to in this Consent and Order:

  a) Remedial Measures: The injunctive relief agreed upon by the Parties is attached as Attachment A to this Consent Decree, which is incorporated herein by reference as if fully set forth in this document. Defendants agree to undertake all remedial work set forth in Attachment A. As to those items with one or more indicated alternative solutions, defendants may comply by carrying out the alternative of their choice.

  b) Timing of Injunctive Relief: Defendants will submit plans for all corrective work within 60 days of entry of this consent decree and order by the court, will commence work within 30 days of receiving approval from the building department, and will complete work within 60 days of commencement. In the event that unforeseen difficulties prevent defendants from completing any of the agreed-upon injunctive relief, defendants or their counsel will notify plaintiff's counsel in writing within 15 days of discovering the delay. The parties agree to meet and confer in good faith regarding any dispute before seeking relief from the Court. Defendant or his counsel will notify plaintiff's counsel when the corrective work is completed, and in any case will provide a status report no later than 120 days from the entry of this consent decree.

  DAMAGES, ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS:

  7. Defendants shall pay to plaintiff the amount of $15,000.00 in full and final resolution of all claims for personal injury damages, civil rights damages and any other damages claimed in this action. Payment shall be made by check made to "Paul L. Rein in Trust for Richard Stickney" no later than twenty days from execution of this agreement. 8. The parties have not reached an agreement regarding plaintiff's claims for attorney fees, ...


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