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Gorecki v. Petco Animal Supplies, Inc.,

United States District Court, C.D. California

April 11, 2017

SEAN GORECKI, Plaintiff,
v.
PETCO ANIMAL SUPPLIES, INC., Defendant.

          Joseph R. Manning, Jr. (SBN 223381) Caitlin J. Scott (SBN 310619) Tristan P. Jankowski (SBN 290301) MANNING LAW, APC Attorneys for Plaintiff Sean Gorecki

          SEYFARTH SHAW LLP Kristina M. Launey (SBN 221335) Attorneys for Defendant Petco Animal Supplies, Inc.

          [PROPOSED] CONSENT DECREE AND ORDER FOR INJUNCTIVE, MONETARY AND OTHER RELIEF

          ANDRE BIROTTE JR. UNITED STATES DISTRICT JUDGE

         CONSENT DECREE AND ORDER

         1. Plaintiff Sean Gorecki ("Gorecki" or "Plaintiff') filed a Complaint ("Complaint") on February 16, 2017, against Defendant, Petco Animal Supplies, Inc. ("Petco" or "Defendant"), alleging that Petco failed to design, construct, and maintain its website, www.Petco.com (the "Website"), in a manner that is fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. Plaintiff alleges this resulted in a denial of full and equal access to the Website, and the products and services offered on the Website, in violation of Title III of the Americans with Disabilities Act ("ADA")(42 U.S.C. § 12101 et seq.) and California's Unruh Civil Rights Act ("Unruh")(Cal. Civil Code sec. 54), and deterred Plaintiff from visiting the Website and Petco's brick and mortar locations.

         2. Defendant denies the allegations in the Complaint, and by entering into this Consent Decree and Order does not admit liability to any of the allegations in Plaintiff's Complaint filed in this action. The Parties enter into this Consent Decree and Order for the purpose of resolving this lawsuit without the need for protracted litigation, and without the admission of any liability.

         3. 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 regarding injunctive relief and damages raised in the Complaint filed with this Court. Accordingly, they agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning Plaintiff's claims for injunctive relief or damages.

         4. This Order shall be a full, complete, and final disposition and settlement of Plaintiff's claims against Defendant for injunctive relief and damages that have arisen out of the subject Complaint. The Parties agree that there has been no admission or finding of liability or violation of the ADA and/or California civil rights laws, and this Consent Decree and Order should not be construed as such.

         I. JURISDICTION

         5. The Parties to this Consent Decree agree that the Court has jurisdiction of this matter pursuant to 28 USC §1331 for alleged violations of the Americans with Disabilities Act of 1990, 42 USC § 12101 et seq., and pursuant to supplemental jurisdiction under 28 U.S.C. § 1367 for alleged violations of California Civil Code §§ 51 et seq.

         II. INJUNCTIVE RELIEF

         6. Petco will, within twelve months of the Effective Date, use good faith efforts to cause the Website to substantially conform with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA to the extent readily achievable. Should the Department of Justice issue final regulations adopting a legal standard for website accessibility that is different from the WCAG 2.0 Level AA, Petco shall have the option of complying with that legal standard, which option it may exercise in its sole discretion. Notwithstanding the foregoing, Third Party Content on the Website will not be required to meet the WCAG 2.0 Level AA standard. The term "Third Party Content" refers to web content that is not developed or owned by Petco or any Releasee.

         7. Petco has retained a consultant to assist it with assessment and recommendations for any necessary remediation to ensure compliance with Paragraph 6 of this Consent Decree. Petco will convey any feedback Gorecki provides it regarding the accessibility of the Website to its consultant for its consultant's consideration. Any such feedback will be provided by counsel for Gorecki to counsel for Petco within thirty (30) days after the Effective Date.

         III. ...


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