The opinion of the court was delivered by: JAMES WARE, District Judge
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
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
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.
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
WHEREFORE, the parties hereby agree and stipulate to the
Court's entry of this Consent Decree and Order, which provides as
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 ...