United States District Court, E.D. California
MISSION LAW FIRM, A.P.C. TANYA E. MOORE Attorneys for
Plaintiff CAROL MURRAY
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP HAYLEY S.
GRUNVALD Attorneys for Defendant PARK MANAGEMENT CORP., dba
SIX FLAGS DISCOVERY KINGDOM
L. Nunley United States District Judge.
AND SCOPE OF CONSENT DECREE
Plaintiff Carol Murray (“Plaintiff”) filed a
Complaint in this action on October 8, 2015 (“the
Action”), alleging violations of the Americans with
Disabilities Act of 1990 (“ADA”), 42 U.S.C.
sections 12101 et seq., California's Unruh Civil Rights
Act, California Civil Code section 51, and California's
Health and Safety Code sections 19955(a), 19959 and 19953,
against Defendant Park Management Corp., dba, Six Flags
Discovery Kingdom (“Defendant, ” and together
with Plaintiff, “the Parties”) relating to,
inter alia, physical and policy barriers to access
at Six Flags Discovery Kingdom as of April 9, 2015, and
continuing. Specifically, Plaintiff alleged that Defendant
failed to provide her full and equal access to its amusement
park located at: 1001 Fairgrounds Drive, Vallejo, CA 94589
(“the Park”). Defendant denies the allegations in
the Complaint and by entering into this Consent Decree does
not admit liability to any of the allegations in
Plaintiff's Complaint filed in the Action. The Parties
hereby enter into this Consent Decree for the purpose of
resolving the injunctive relief issues in this lawsuit
without the need for protracted litigation and without the
admission of any liability. The Parties have entered into a
separate settlement agreement resolving all of
Plaintiff's monetary claims.
Parties to this Consent Decree agree that the Court has
jurisdiction over this matter pursuant to 28 U.S.C.
§§ 1331 and 1343 for alleged violations of the
Americans with Disabilities Act of 1990, 42 U.S.C. sections
12101 et seq., and pursuant to supplemental
jurisdiction for alleged violations of California law
pursuant to 28 U.S.C. § 1367.
avoid the costs, expense, and uncertainty of protracted
litigation, the parties to this Consent Decree agree to
resolve all claims regarding injunctive relief raised in the
Action. Accordingly, they agree to the entry of this Consent
Decree without trial or further adjudication of any issues of
act or law concerning Plaintiff's claims for injunctive
Parties have resolved the monetary relief and attorneys'
fees and costs portion of Plaintiff's Action which
resolution has been memorialized in a separate and
confidential settlement agreement.
the Parties to this Consent Decree hereby consent as follows:
OF INJUNCTIVE RELIEF
Consent Decree shall be a full, complete, and final
disposition and settlement of Plaintiff's claims against
Defendant for injunctive relief that have arisen out of the
subject Complaint. The Parties agree that there has been no
admission or finding of liability and this Consent Decree
shall not be construed as such.
Barrier Removal: Defendant will remediate each
barrier to access identified in the chart attached and
incorporated hereto as Exhibit A. As used in this Consent
Decree, “remediate” and “accessible”
mean to modify and/or construct, and maintain, in full
compliance with the 2010 Americans with Disabilities Act
Standards for Accessible Design and/or Title 24 of the
California Code of Regulations, Part 2, Chapter 11B (2016),
whichever is more stringent for a given element.
Timing: As set forth on Exhibit A, the timing for
the remediation efforts has been staggered based on the
complexity of the remediation and in consideration of the
Park's season and the need to conduct many of the
remediations when the Park is closed to the public.
Entire Consent Decree: This Consent Decree and
Exhibit A hereto, which is incorporated herein by reference
as if fully set forth in this document, constitute the entire
consent agreement between the signing parties on all issues
relating to injunctive relief in this Action.
Terms of the Consent Decree: This Consent Decree and
shall be in full force and effect, and the Court shall retain
jurisdiction of this Action to enforce provisions of this
Consent Decree, through December 21, 2021, or whenever
remediation is complete, whichever comes later.
Force Majeure: Defendant shall be excused from
performance and shall not be in default in respect of any
obligation hereunder to the extent that the failure to
perform such obligation is due to a Force Majeure Event as
11.11. Force Majeure Event:Force
Majeure Event means an event beyond the control of Defendant,
which prevents Defendant from complying with its obligations
under this Consent Decree, including, but not limited to:
11.1.1 act of God (such as, but not limited to, fires,
explosions, earthquakes, drought, tidal waves and floods);
11.1.2 war, hostilities (whether war be declared or not),
invasion, act of foreign enemies, mobilization, requisition,
11.1.3 rebellion, revolution, insurrection, or military or
usurped power, or civil war;
11.1.4 contamination by radio-activity from any nuclear fuel,
or from any nuclear waste from the combustion of nuclear
fuel, radio-active toxic explosive, or other hazardous
properties of any explosive nuclear ...