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Antonia Luna v. Hoa Trung Vo Dba Save More 98 Discount Store

January 4, 2011

ANTONIA LUNA, PLAINTIFF,
v.
HOA TRUNG VO DBA SAVE MORE 98 DISCOUNT STORE;
BLIATOUT LLC; AND DOES 1-10 INCLUSIVE
DEFENDANTS



STIPULATED JUDGMENT AND ORDER

This Stipulated Judgment is entered into by and between the Plaintiff ANTONIA LUNA ("Plaintiff"), on the one hand, and Defendants HOA TRUNG VO dba SAVE MORE 98 DISCOUNT STORE and BLIATOUT LLC (together "Defendants"), on the other hand (Plaintiff and Defendants referred to as the "Parties").

I.INTRODUCTION

A. On December 19, 2008, Plaintiff filed a complaint against Defendants in the United States District Court for the Eastern District of California for preliminary and permanent injunctive relief and damages, alleging violations of the following: (1) California Health & Safety Code §§ 19955 et seq., California Civil Code §§ 54.1 et seq.; (2) the Unruh Civil Rights Act of California (Cal. Civ. Code § 51 et seq.); and (3) the Americans with Disabilities Act of 1990 (42 USC § 12101 et seq.) ("the Action").

B. On August 27, 2009, the Court executed and filed a Consent Decree and Order (Docket No. 24) entered into by the Parties resolving all injunctive relief issues in this Action. This Consent Decree did not contain any stipulation to or admission of liability for any damages on the part of any Defendant.

C. On October 8, 2010, following extensive discovery proceedings, settlement negotiations, two settlement conferences, and efforts to "meet and confer" with Defendants, Plaintiff filed a Motion for Summary Judgment (Docket No. 35).

D. The Court's November 17, 2010 Order on Plaintiff's Motion for Summary Judgment and Related Orders (the "Order" -- Docket No. 46) indicated that the filing of Plaintiff's motion for summary judgment should have been unnecessary, given "the lack of dispute as to the factual basis for Plaintiff's motion and the lack of contention as to the application of law." Order at 3:19-20. However, the Parties did not reach such an agreement until after Plaintiff filed her motion for summary judgment and the Court issued its Order. The Order also suggested that the "natural path to the conclusion of this action is by way of stipulated judgment." Order at 3:20-21.

E. After further discussion following the entrance of the Court's Order, the Parties have agreed to settle the issue of Plaintiff's statutory damages in this Action by way of this Stipulated Judgment. The parties have also agreed, subject to the approval of the Court, on a procedure and timetable to determine Plaintiff's claims for statutory attorneys' fees, litigation expenses, and costs.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the Parties, through their respective counsel, as follows:

II. SETTLEMENT RELIEF

A. Injunctive Relief: As mentioned above, all injunctive relief issues in this Action have been resolved by way of Consent Decree and Order (Docket No. 24).

B.Monetary Relief/Damages: Judgment can be entered in this Action, and the Court is requested to enter Judgment, against Defendants Hoa Trung Vo dba Save More 98 Discount Store and Bliatout LLC in the amount of $8,000 compensatory damages, per § 52 Civil Code. Payment to Plaintiff shall be made within 30 days of entry of judgment by the Court.

C.Attorneys' Fees and Expenses: Attorneys fees, litigation expenses, and costs shall be determined as follows: (1) by negotiation of the Parties within thirty (30) days of the date this Stipulated Judgment is entered; or (2) by motion to the Court to be filed by Plaintiff within sixty (60) days of the termination of the thirty-day negotiation period for attorneys' fees, litigation expenses, and costs.

III. JURISDICTION

Continuing Jurisdiction: The Court shall maintain continuing jurisdiction over this Action until resolution of Plaintiff's claims for attorney ...


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