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Block v. Christian

United States District Court, E.D. California

April 10, 2017

HENDRIK BLOCK, Plaintiff,
v.
GARY CHRISTIAN; BONNIE M. CHRISTIAN; AMANDA FLOREZ dba PUBLIC AUCTION R US. Defendants.

          Tanya E. Moore, SBN 206683 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. Attorneys for Plaintiff, Hendrik Block

          Michael L. Elder, Esq. (SBN: 238036) 2491 Alluvial Ave., Suite 20 Attorneys for Defendants

          CONSENT DECREE

          Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

         As a result of Plaintiff, HENDRIK BLOCK (“PLAINTIFF”), and Defendants, GARY CHRISTIAN; BONNIE M. CHRISTIAN; and AMANDA FLOREZ dba PUBLIC AUCTION R U.S. (“DEFENDANTS, ” and together with PLAINTIFF, “the PARTIES”), having engaged in settlement negotiations, the PARTIES agree that this action should be finally resolved by entry of this CONSENT DECREE. This instant CONSENT DECREE was entered into by the PARTIES as an amicable way of resolving liability, and PLAINTIFF'S claims for injunctive relief and damages.

         NOW, THEREFORE, without adjudication of any issue of fact or law, and with the consent of the PARTIES, it is hereby ORDERED, ADJUDGED, and DECREED as follows:

         1. This Consent Decree is predicated on the Complaint, filed on May 9, 2016, and subsequent pleadings filed in this action in the United States District Court for the Eastern District of California seeking injunctive relief for violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 (“ADA”) and parallel California access laws; damages under state law; and the recovery of attorneys' fees, costs and litigation expenses as permitted by both state and federal law. DEFENDANTS filed their Answer to the Complaint on August 23, 2016.

         2. DEFENDANTS and PLAINTIFF wish to settle the portion of the case relating to the issues of liability, injunctive relief, and damages, and hereby desire to enter into this CONSENT DECREE. The PARTIES hereby enter into this CONSENT DECREE for the purpose of resolving PLAINTIFF' lawsuit without the need for further litigation, and to reserve for further settlement discussions or a motion to the Court the amount of attorneys' fees, costs, and litigation expenses to which PLAINTIFF is entitled.

         JURISDICTION

         3. All PARTIES agree that the present Court has jurisdiction of this matter for the alleged violations of the ADA under 28 U.S.C. §§ 1331 and 1343, as well as supplemental jurisdiction under 28 U.S.C. §§ 1367, 2201, and 2202 for the alleged violations of California law.

         4. In an effort to expedite resolution of the issues, and avoid costs and expenses of ongoing litigation, the PARTIES agree to entry of this propo«#Order to resolve the claims regarding injunctive relief raised in the above-entitled action. Accordingly, the PARTIES agree to the entry of the ptoposss*] Order related to this CONSENT DECREE without trial or further adjudication of the issues addressed here, with the exception of the motion for attorneys' fees and costs, pursuant to paragraph 10 of this

         CONSENT DECREE.

         RETENTION OF JURISDICTION FOR FEES MOTION

         5. As previously stated, the amount of PLAINTIFF'S entitlement to attorneys' fees, costs, and litigation expenses remains in contention and, accordingly, the PARTIES request that the Court retain jurisdiction over this matter solely to resolve such claims.

         SETTLEMENT OF INJUNCTIVE RELIEF, ...


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