Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

STICKNEY v. CALIFORNIA GRAND CASINO

United States District Court, N.D. California


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, litigation expenses and costs. These issues shall be the subject of further negotiation or motion to the Court.

  ENTIRE CONSENT ORDER:

  9. This Consent Order and Attachment A to this Consent Decree, which is incorporated herein by reference as if fully set forth in this document, constitutes the entire agreement between the parties on the matters of injunctive relief and damages, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Consent Order, shall be enforceable regarding the matters of injunctive relief described herein. This consent decree applies to plaintiff's claims for injunctive relief and damages only and does not resolve plaintiff's claims for attorney's fees, litigation expenses and costs, which shall be the subject of further negotiation and/or litigation.

  CONSENT ORDER BINDING ON PARTIES AND SUCCESSORS IN INTEREST:

  10. This Consent Order shall be binding on Plaintiff RICHARD STICKNEY, Defendants, CALIFORNIA GRAND CASINO, INC; LAMAR V. WILKINSON; and any successors in interest. The parties have a duty to so notify all such successors in interest of the existence and terms of this Consent Order during the period of the Court's jurisdiction of this consent decree. MUTUAL RELEASE AND WAIVER OF CIVIL CODE SECTION 1542 AS TO INJUNCTIVE RELIEF AND DAMAGES ONLY:

  11. Each of the parties to this Consent Decree understands and agrees that there is a risk and possibility that, subsequent to the execution of this Consent Decree, any or all of them will incur, suffer, or experience some further loss or damage with respect to the Lawsuit which are unknown or unanticipated at the time this Consent Decree is signed. Except for all obligations required in this Consent Decree, the parties intend that this Consent Decree apply to all such further loss with respect to the Lawsuit, except those caused by the parties subsequent to the execution of this Consent Decree. Therefore, except for all obligations required in this Consent Decree, this Consent Decree shall apply to and cover any and all claims, demands, actions and causes of action by the parties to this Consent Decree with respect to the Lawsuit, whether the same are known, unknown or hereafter discovered or ascertained, and the provisions of Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
This waiver applies to the injunctive relief and damages aspects of this action only and does not include resolution of plaintiff's claims for attorney fees, litigation expenses and costs.

  12. Except for all obligations required in this Consent Decree, and exclusive of the referenced continuing claim for damages, statutory attorney fees, litigation expenses and costs, each of the parties to this Consent Decree, on behalf of each, their respective agents, representatives, predecessors, successors, heirs, partners and assigns, releases and forever discharges each other Party and all officers, directors, shareholders, subsidiaries, joint venturers, stockholders, partners, parent companies, employees, agents, attorneys, insurance carriers, heirs, predecessors, and representatives of each other Party, from all claims, demands, actions, and causes of action of whatever kind or nature, presently known or unknown, arising out of or in any way connected with the Lawsuit.

  TERM OF THE CONSENT ORDER:

  13. This Consent Order shall be in full force and effect for a period of twelve (12) months after the date of entry of this Consent Order, or until the injunctive relief contemplated by this Order is completed, whichever occurs later. The Court shall retain jurisdiction of this action to enforce provisions of this Order for twelve (12) months after the date of this Consent Decree, or until the injunctive relief contemplated by this Order is completed, whichever occurs later.

  SEVERABILITY:

  14. If any term of this Consent Decree and Order is determined by any court to be unenforceable, the other terms of this Consent Decree and Order shall nonetheless remain in full force and effect.

  SIGNATORIES BIND PARTIES:

  15. Signatories on the behalf of the parties represent that they are authorized to bind the parties to this Consent Decree and Order. ORDER

  Pursuant to stipulation, and for good cause shown, IT IS SO ORDERED. Attachment A to Consent Decree and Order Richard Stickney v. California Grand Casino, Inc., et al. CASE NO. C04-3552 CW Page 1 of 2

  The following injunctive relief is agreed upon between the parties as resolution to plaintiff's claims for injunctive relief as set forth in the action filed by Richard Stickney on August 25, 2004 in the United States District Court, Case No. C04-3552 CW.

  The parties agree that the corrective work set forth in this Attachment A will be performed in compliance with 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 Decree and Order.

  1. Parking: Defendants will provide four (4) fully compliant disabled accessible parking spaces as close as practicable to the accessible entrance, one of which will be configured and designated a van accessible parking space. Signage which complies with Title 24 and ADAAG standards will be installed, and an accessible path of travel will be provided from each of the accessible parking spaces to the accessible entrance of the casino.

  2. Path of Travel from Public Right-of-Way: Defendants will provide an accessible path of travel from the public sidewalk to the accessible entrance of the casino.

  3. Front Entrance and Interior Path of Travel: Defendants will provide an accessible front public entrance by extending the ramp at the current location in order to achieve a maximum slope of 8.33%. Additionally, defendants shall install an automatic door opener and handrails in conformance with Title 24 and ADAAG. To that end, defendants will need to request an unreasonable hardship exception from the building department to approve this configuration. Defendants will construct an extension to the building which will fully enclose the existing front entrances/exits. The extension shall be kept at the same temperature as the rest of the building interior. Alternatively, if defendants to not build an enclosed extension to the building, they shall correct the ramp as indicated and install a wheelchair lift or accessible ramp to connect the two levels on the interior of the building.

  4. Restrooms: Defendants will provide one unisex accessible restroom, either by building a new accessible unisex restroom, or by renovating the existing women's room to make it unisex accessible and by building a new inaccessible women's room elsewhere. All restrooms must be entered from the interior of the building.

  5. Chip Teller Window: Defendants will lower one chip teller window to no more than 34" above the finished floor, or create a separate pass-through window at no more than 34" above the finished floor. Attachment A to Consent Decree and Order Richard Stickney v. California Grand Casino, Inc., et al. CASE NO. C04-3552 CW Page 2 of 2

  6. Bar: Defendants will create a 60" wide clear floor space for wheelchair seating and companion seating at the bar in conformance with Title 24 and ADAAG standards. If such seating space is on the upper level of the bar, then defendants will install a folding counter at least 60" long and 19" deep at the upper bar. The folding counter shall be no higher than 34" above the finished floor and shall provide a minimum of 27" clearance from the finished floor to the bottom of the counter. Defendants will install signage, including the international symbol of accessibility, indicating this to be the accessible seating area and indicating that a companion chair is available upon request.

  7. Public Telephone: Defendants will lower the pay phone to no more than 48" above the finished floor, or else remove the pay phone.

20050913

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.