United States District Court, E.D. California
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
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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.
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:
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,
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.
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.
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
OF JURISDICTION FOR FEES MOTION
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.
OF INJUNCTIVE RELIEF, ...