The opinion of the court was delivered by: Judge: Honorable Margaret M. Morrow
ANTHONY E. GOLDSMITH, Esq. (SBN 125621) LAW OFFICES OF ANTHONY E. GOLDSMITH 20501 Ventura Boulevard, Suite 272 Woodland Hills, CA 91364 Telephone: (213) 471-2096 Facsimile: (213) 596-8906 AEGOLDLAW@aol.com Attorneys for Plaintiff MARCUS A. YORK STEPHANIE P. ALEXANDER, Esq. (SBN 205701) GORDON & REES LLP 2211 Michelson Drive, Suite 400 Irvine, CA 92612 Phone: (949) 255-6950 Fax: (949) 474-2060 SALEXANDER@Gordonrees.com Attorneys for Defendants TROUBADOUR ENTERPRISES INC., a California corporation; and THE KARAYAN FAMILY TRUST
CONSENT DECREE AND [PROPOSED] ORDER
TO THE COURT, ALL INTERESTED PARTIES AND ATTORNEYS OF RECORD:
1. Plaintiff MARCUS A. YORK filed this action (now known as Case No. 2:11-CV-01534-MMM-FMO) against Defendants seeking injunctive relief and money damages for, inter alia, alleged violations of the Americans with Disabilities Act of 1990 (the "ADA") and corresponding state law claims in connection with the restaurant owned and/or operated by Defendants and located at 9081 West Santa Monica Blvd., Los Angeles, California (the "Facility" or "Property"). The above Action was originally filed in the Superior Court for the State of California on December 21, 2010 as Case No. BC451616 and was removed to the United States District Court for the Central District of California on February 18, 2011.
2. Defendants and Plaintiff (collectively sometimes referred to herein as the "Parties" or separately as a "Party") wish to settle the portion of the cases relating to issues of injunctive relief and hereby desire to enter into this Consent Decree. The Parties do not intend that this Consent Decree should in any way be used to serve as an admission that either the work to be completed or any other work at the Property is "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 certain specified aspects of the lawsuit without the need for protracted litigation, and without the admission of any liability on the part of Defendants as to the amount of damages, costs of suit or attorneys' fees to which Plaintiff alleges he is entitled.
3. The Parties 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 California Civil Code §§ 51, 52, 54, 54.1 and 54.3; and
4. In order to avoid the costs, expense, and uncertainty of protracted litigation, the Parties agree to entry of this Consent Decree and Order to resolve all claims regarding injunctive relief raised in the above-entitled Action. 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.
NO DISMISSAL OF ACTION REQUESTED:
5. As noted herein, monetary issues are still at issue and accordingly the Parties do not request that the Honorable Court dismiss the action as these issues may still proceed to trial.
WHEREFORE, the Parties hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows:
SETTLEMENT OF INJUNCTIVE RELIEF:
6. This Consent Decree and Order shall be a full, complete, and final disposition and settlement of Plaintiff's claims against Defendants and any other parties for injunctive relief that have arisen out of the acts and/or omissions ...