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Pike v. Placentia Library Dist.

August 18, 2009

ARNIE T. PIKE PLAINTIFF,
v.
PLACENTIA LIBRARY DISTRICT; AND DOES 1-10; INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Judge George H. Wu

Civil Rights

CONSENT DECREE AND ORDER FOR SETTLEMENT OF INJUNCTIVE RELIEF AND PLAINTIFF'S MONETARY CLAIMS

No trial date set

CONSENT DECREE AND ORDER

1. Plaintiff ARNIE PIKE ("Plaintiff") filed a Complaint in this action on December 28, 2008, to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 et seq., and California Civil Code §§ 51; 54; and 54.1, and California Government Code §§ 4450 et seq., against Defendant, PLACENTIA LIBRARY DISTRICT ("Defendant"), and DOES 1-10, Inclusive. Plaintiff has alleged that Defendant violated Title II of the ADA and California civil rights laws and statutes by failing to provide full and equal access to its facilities at the Placentia City Library located at 411 E. Chapman in the City of Placentia ("Library"). Plaintiff is a long-time resident of the City of Placentia and has patronized the Library for many years. The parties now seek to settle all of plaintiff's claims for injunctive relief, and agree that the terms of this Consent Decree will satisfy all of plaintiff's claims for injunctive relief.

2. Defendant denies the allegations in the Complaint filed by Plaintiff, and by entering into this Consent Decree and Order does 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 entering into an early settlement of Plaintiff's claims for injunctive and monetary claims without the need for protracted litigation, and without the admission of any liability for any allegations in Plaintiff's Complaint.

JURISDICTION

3. The parties to this Consent Decree agree that the Court has jurisdiction of this matter pursuant to 28 USC §1331 for alleged violations of the Americans with Disabilities Act of 1990, 42 USC 12101 et seq. and for supplemental jurisdiction for California civil rights laws and regulations.

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 of Plaintiff's claims regarding injunctive relief at the Library, and as full and complete payment for all of Plaintiff's monetary claims for attorney fees, costs and litigation expenses related to this action. Plaintiff waives his right to damages, of any kind whatsoever, resulting from any claims raised in the Government Claim filed with Defendant and as raised in his Complaint. Accordingly, the parties agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning plaintiff's claims for monetary or injunctive relief, or in the Complaint filed with this court.

WHEREFORE, the parties to this Consent Decree hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows:

STATUTORY, COMPENSATORY AND PERSONAL INJURY DAMAGES, ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS

5. Plaintiff has agreed to waive any claims for statutory, compensatory and/or personal injury damages in return for Defendant's agreement to pay for all of Plaintiff's claims for attorneys' fees, litigation expenses and costs in the action before this Court. Defendant agrees to pay to Plaintiff the sum of $28,968 as complete settlement for all of Plaintiff's claims for attorneys' fees, litigation expenses and costs. Defendant will pay Plaintiff's attorneys by submitting a check for the full amount of $28,968 made out to "Goodman & Metz in Trust for Arnie Pike" within 14 days of this Consent Decree being signed and filed by the Court.

SETTLEMENT OF PLAINTIFF'S CLAIMS FOR INJUNCTIVE RELIEF

6. The parties have reached an agreement regarding Plaintiff's claims for injunctive relief as requested in his Complaint before this Court. Defendant agrees to construct a unisex restroom that is fully ADA compliant as settlement of all of Plaintiff's claims for injunctive relief. Attached as Attachment A is a diagram of a layout for the accessible restroom that is acceptable to Plaintiff as a resolution of his claims for injunctive relief. While the District is not bound to follow the diagram, the result of any modifications must be a ...


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