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DEFRANCESCO v. CHATEAU MASSON

September 22, 2005.

SEBASTIAN DEFRANCESCO, Plaintiff,
v.
CHATEAU MASSON, LLC; and DOES 1-25, Inclusive, Defendants. CHATEAU MASSON, LLC, Third Party Plaintiff, v. BILL GRAHAM PRESENTS, INC., and DOES 26-50, inclusive. Third Party Defendants. SHERYL MIFSUD and PAUL MIFSUD Plaintiffs, v. CHATEAU MASSON, LLC; and DOES 1-25, Inclusive, Defendants. CHATEAU MASSON, LLC, Third Party Plaintiff, v. BILL GRAHAM ENTERPRISES, INC., and DOES 26-50, Inclusive. Third Party Defendants.



The opinion of the court was delivered by: JAMES WARE, District Judge

CONSENT DECREE AND ORDER

CONSENT DECREE AND ORDER

  1. On November 11, 2004, plaintiff SEBASTIAN DEFRANCESCO filed the action entitled DeFrancesco v. Chateau Masson, LLC (Case No. 04-4834 JW) against Chateau Masson, LLC ("Chateau Masson"). On April 6, 2005, plaintiffs PAUL MIFSUD and SHERYL MIFSUD filed the action entitled Mifsud v. Chateau Masson, LLC (Case No. 05-1400 JW) against Chateau Masson. The two actions shall be referred to, collectively, as the Actions, and the plaintiffs in the Actions shall be referred to, collectively, as the Plaintiffs.

  2. In the Actions, the Plaintiffs filed claims 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 Chateau Masson. Plaintiffs have specifically alleged that Chateau Masson violated Title III of the ADA, 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 the facility known as the Mountain Winery located in the City of Saratoga, County of Santa Clara, California, and related facilities, including accessible parking, an accessible entrance into the concert stadium, accessible seating, and accessible restroom facilities when plaintiffs allegedly attended public events at the Mountain Winery.

  3. On June 9, 2005, in DeFrancesco v. Chateau Masson, LLC (Case No. 04-4834 JW), Chateau Masson filed a third party complaint against Bill Graham Presents, Inc. ("BGP"). On May 13, 2005, in Mifsud v. Chateau Masson, LLC (Case No. 05-1400 JW), Chateau Masson filed a third party complaint against Bill Graham Enterprises, Inc. The two third party complaints shall be referred to, collectively, as the "Third Party Complaints."

  4. Chateau Masson denies Plaintiffs' allegations in the Actions and, by entering into this Consent Decree and Order, does not admit liability. Bill Graham Presents, Inc., and Bill Graham Enterprises, Inc. also deny Plaintiffs' allegations in the Actions, as well as Chateau Masson's allegations in the Third Party Complaints, and by entering into this Consent Decree and Order, do not admit liability. The parties hereby enter into this Consent Decree and Order for the purpose of resolving Plaintiffs' claims against Chateau Masson without the need for protracted litigation, and without the admission of any liability.

  JURISDICTION:

  5. The parties agree that the Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1331 for violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. and pursuant to pendent 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.

  6. In order to avoid the costs, expense, and uncertainty of protracted litigation, plaintiffs, Chateau Masson, Bill Graham Presents, Inc. and Bill Graham Enterprises, Inc. agree to entry of this Consent Decree and Order to resolve all claims that were raised in or could have been raised in the Actions by Plaintiffs, including but not limited to all claims for injunctive relief, damages, attorney fees, litigation expenses and costs. Accordingly, they agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning those claims.

  WHEREFORE, the parties hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows:
SETTLEMENT OF CLAIMS FOR INJUNCTIVE RELIEF:
  7. This Order shall be a full, complete and final disposition and settlement of all of Plaintiffs' claims against Chateau Masson, Bill Graham Enterprises, Inc. and Bill Graham Presents, Inc. 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.

  8. Chateau Masson agrees to undertake the corrective work at the Mountain Winery as detailed in Attachment A, and Bill Graham Enterprises, Inc. agrees to modify its policies and practices as detailed in Attachment A. Attachment A is incorporated by reference herein as if fully set forth in this document. Plaintiffs acknowledge and agree that, following completion of the work specified in Attachment A, Chateau Masson may (in compliance with the California Code of Regulations, Title 24, and the ADA) further alter, modify, demolish, rebuild and/or renovate the facilities in which it is performing the work specified in Attachment A, including as part of an anticipated renovation project. Nothing in this Consent Decree is intended to modify, limit, interfere with or otherwise affect Chateau Masson's ability, right and/or entitlement to further alter, modify, demolish, rebuild and/or renovate the facilities.

  DAMAGES, ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS:

  9. The parties have agreed to a full and final resolution of plaintiffs' claims for monetary relief, damages, attorney fees, litigation expenses and costs. Chateau Masson shall pay to plaintiffs Sebastian DeFrancesco, Paul Mifsud, and Sheryl Mifsud the amount of Thirty-Four Thousand Dollars and No/100 ($34,000.00) each as full and final resolution of plaintiffs' claims for all statutory, actual, and personal injury damages, including general, compensatory, and special damages. Chateau Masson shall also pay the amount of One Hundred Five Thousand Six Hundred Ninety Dollars and No/100 ($105,690) as full and final resolution of plaintiffs' claims for attorney fees, litigation expenses and costs. Payment shall be made by one check, in the total amount of Two Hundred Seven Thousand Six Hundred Ninety Dollars and No/100 ($207,690), made payable to "Paul L. Rein in trust for Sebastian DeFrancesco, Paul Mifsud and Sheryl Mifsud." Payment shall be made within fifteen (15) days of the ...


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