The opinion of the court was delivered by: Hon. Dean Pregerson United States District Court Judge
TRIAL DATE: September 7, 2010
1. Plaintiff CONNIE J. ARNOLD filed this action on December 19, 2008 in the United States District Court: (i) to obtain injunctive relief and (ii) to recover damages for allegedly discriminatory experiences, denial of access, and denial of her civil rights against Defendant. Defendant operates a restaurant, bar and entertainment venue known as the Sagebrush Cantina and located at 23527 Calabasas Road, Calabasas, California 91302 (for purposes of this Consent Decree, the above described real property and all buildings and fixtures thereon shall be collectively referred to herein as the "Property" or the "Facility"). Sagebrush Cantina answered the Complaint on April 20, 2009.
2. Defendant and Plaintiff wish to settle the case in its entirety and therefore desire to enter into this Consent Decree. Defendant admits and agrees that the work to be completed pursuant to Paragraph 7 of this Consent Decree is and was (at all relevant times as set forth in the Complaint) "readily achievable" as defined and used in the Americans with Disabilities Act of 1990 (the "ADA"). However, the parties do not intend that this Consent Decree should in any way be used to serve as an admission that other work at the Property not specifically addressed in this Consent Decree is or is not "readily achievable" or otherwise required by the ADA or other federal or state laws or regulations. The parties hereby enter into this Consent Decree and Order for the purpose of resolving the lawsuit without the need for protracted litigation, and without any bearing as to the amount of damages and/or attorneys' fees to which Plaintiff may be entitled. JURISDICTION:
3. The parties to this Consent Decree agree that the Court has jurisdiction of this matter for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq., and pursuant to supplemental jurisdiction under 28 U.S.C. §1367(a) for alleged violations of Title 24 California Code of Regulations; California Health & Safety Code §19955 et seq., California Civil Code §51 and California Civil Code §§54 and 54.1.
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 raised in the operative Complaint filed with this Court. Accordingly, the parties agree to the entry of the proposed Order related to this Consent Decree without trial or further adjudication of the issues addressed herein.
5. 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: SETTLEMENT OF CLAIMS AS TO INJUNCTIVE RELIEF:
6. The parties agree and stipulate that the corrective work to be performed hereunder shall be performed in compliance with the standards and specifications for disabled access as set forth in the California Code of Regulations, Title 24-2 (the "CBC") and Americans with Disabilities Act Accessibility Guidelines (28 CFR Part 36, Appendix A), unless other standards are specifically and mutually agreed to in this Consent Decree and Order.
7. Remedial Measures: The corrective work agreed upon by the parties is attached hereto as Exhibit "A". Defendant agrees to undertake all of the remedial work set forth therein.
8. Timing of Injunctive Relief: All of the work set forth and described in Exhibit "A" shall be completed on or before January 1, 2010. In the event that unforeseen difficulties prevent Defendant from completing any of the agreed-upon injunctive relief within the time frames specified, Defendant or their counsel will notify Plaintiff's counsel in writing within five (5) days of discovering the difficulties or reasons for delay. Defendant or its counsel will notify Plaintiff's counsel when the corrective work is completed, and in any case will provide a work status report on or before December 1, 2009.
9. If Plaintiff contends any or some portion of the corrective construction work to be completed under Consent Decree has not been carried out pursuant to the remedial measures as specified in Exhibit "A", Plaintiff will provide written notice to Defendant via its counsel detailing in what respects Plaintiff contends the Property is not compliant. Within fourteen (14) calendar days of receiving this notice, Defendant will respond to this notice. If the parties are not able to agree upon a course of action, they will hold a meet and confer within thirty (30) calendar days of Plaintiff's written notice and will use their best efforts to resolve the dispute informally. If the parties are still not able to agree, they will submit the matter to the judge then assigned to the case.
DAMAGES, ATTORNEYS FEES AND COSTS:
10. The parties have reached an agreement regarding Plaintiff's monetary claims, under which Defendant shall pay to Plaintiff $52,000 for Plaintiff's alleged personal physical injuries, alleged violations of her civil rights, physical and emotional distress, and statutory damages; as well as all of Plaintiff's alleged attorney fees, litigation expenses, and costs. ...