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Oertell v. Six Flags Entertainment Corp.

United States District Court, E.D. California

April 26, 2017

MABLE OERTELL, Plaintiff,
v.
SIX FLAGS ENTERTAINMENT CORPORATION; PARK MANAGEMENT CORP dba SIX FLAGS DISCOVERY KINGDOM; DIPPIN DOTS, LLC; FOTO FANTASY, INC.; PANDA RESTAURANT GROUP, INC.; DOE NO. 1 dba COLD STONE CREAMERY RESTAURANT No. 22293; KAHALA RESTAURANT FRANCHISING, LLC; and DOES 2-20, Inclusive, Defendants.

          Action Filed: July 15, 2016

          PAUL L. REIN, Esq. (SBN 43053) LAW OFFICES OF PAUL L. REIN, STEVEN L. DERBY, ESQ. (SBN 148372) DERBY, McGUINNESS & GOLDSMITH, LLP Attorneys for Plaintiff MABLE OERTELL

          EDWARD GARCIA, Bay No. 173487 KULUVA, ARMIJO & GARCIA Attorneys for Defendant FOTO FANTASY, INC.

          CONSENT DECREE AND ORDER FOR INJUNCTIVE RELIEF, DAMAGES, AND ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS AS TO FOTO FANTASY, INC.

          Troy L. NunJey United States District Judge

         1. Plaintiff Mable Oertell filed a Complaint in this action on July 15, 2016, to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 et seq., and California civil rights laws and to obtain recovery of damages for discriminatory experiences, denial of access, and denial of civil rights against Defendant Foto Fantasy, Inc. (sometimes “ Signing Defendant”), relating to disability discrimination at Signing Defendant's public accommodations [photo booths] as of July 4, 2015, and continuing. Plaintiff has alleged that Signing Defendant violated Titles III of the ADA; sections 51, 52, 54, 54.1, 54.3, and 55 of the California Civil Code, and sections 19955 et seq. of the Health and Safety Code by failing to provide full and equal access to the users of the commercial facilities at the Signing Defendant's photo booths located at Six Flags Discovery Kingdom, 1001 Fairgrounds Drive SW, Vallejo, California, (sometimes called “The Park”).

         2. In order to avoid the costs, expense, and uncertainty of protracted litigation, Plaintiff and Signing Defendant (together sometimes the “Signing Parties”) agree to entry of this Consent Decree and Order to resolve all claims regarding injunctive relief, damages, and attorneys' fees, costs, and expenses raised in the Complaint without the need for protracted litigation. Accordingly, the Parties agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning all of Plaintiff's claims for relief.

         JURISDICTION:

         3. The Signing Parties to this Consent Decree and Order agree that the Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1331 for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. and pursuant to supplemental jurisdiction for alleged violations of California Civil Code sections 51, 52, 54, 54.1, 54.3, and 55.

         WHEREFORE, the Parties to this Consent Decree hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provide as follows:

         SETTLEMENT OF INJUNCTIVE RELIEF:

         4. This Order shall be a full, complete, and final disposition and settlement of Plaintiff's claims against Signing Defendant for injunctive relief that have arisen out of the subject Complaint.

         5. The Parties agree and stipulate that the corrective work will be performed in compliance with the standards and specifications for disabled access as set forth in the California Code of Regulations, Title 24-2, and Americans with Disabilities Act Standards for Accessible Design, unless other standards are specifically agreed to in this Consent Decree and Order. Signing Defendant agrees to undertake all of the respective remedial work as set forth therein with the express understanding that Signing Defendant is only responsible for the photo booths themselves and not for the location or placement of those photo booths or the accessibility of the path of travel leading up to the photo booths.

         a. Remedial Measures:

          Except as otherwise provided herein, the corrective work agreed upon by the Signing Parties to be performed at The Park is set forth in Attachment A, attached and incorporated herewith. Signing Defendant agrees to ...


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