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Llewellyn v. Singh

United States District Court, N.D. California

July 10, 2017

JAMES LLEWELLYN, Plaintiff,
v.
HARDEV SINGH dba THE GREENERY RESTAURANT; DIABLO HILLS GOLF ASSOCIATES, INC.; and DOES 1-10, INCLUSIVE, Defendants.

          PAUL L. REIN, Esq. LAW OFFICES OF PAUL L. REIN Attorneys for Plaintiff JAMES LLEWELLYN

          K.P. DEAN HARPER (#127474) JASON J. GRANSKOG (#190233) Bowles & Vema LLP Attorneys for Defendants HARDEV SINGH dba THE GREENERY RESTAURANT; DIABLO HILLS GOLF ASSOCIATES, INC.;

          CONSENT DECREE AND [PROPOSED] ORDER FOR INJUNCTIVE RELIEF, DAMAGES, AND ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS

          HONORABLE MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE

         I. Plaintiff JAMES LLEWELLYN filed a Complaint in this action on October 31, 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 Defendants HARDEV SINGH dba THE GREENERY RESTAURANT; DIABLO HILLS GOLF ASSOCIATES, INC (the "Defendants"), relating to disability discrimination at Defendant's public accommodations as of September 2 arid 14, 2016. Plaintiff has alleged that Defendants violated Titles III of the ADA; sections 51, 52, 54, 54.1, 54.3, and 55 of the California Civil Code, sections 17200 et seq. of the Business & Professions Code, and sections 19953 et seq. of the Health and Safety Code by failing to provide full and equal access to the patrons of the Greenery Restaurant located at 1551 Marchbanks Drive, Walnut Creek, California, at the Diablo Hills Golf Course. Defendants dispute Plaintiffs claims.

         2. In order to avoid the costs, expense, and uncertainty of protracted litigation, Plaintiff and Defendants (together, the "Parties") agree to entry of this Consent Decree and Order to resolve all claims regarding injunctive relief, damages, and attorneys' fees, litigation expenses and costs, 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 Plaintiffs claims for relief.

         JURISDICTION:

         3. The 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 etseq. 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 Plaintiffs claims against Defendants for injunctive relief and damages 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.

         a. Remedial Measures: The corrective work agreed upon by the Parties to be performed is set forth in Attachment A, a set of plans proposed by defendants and red-line edited by Plaintiffs architect and expert, Gary Waters, and incorporated herewith. Defendants represent that the building under construction will be completed in full compliance with the California Building Code and access requirements. Defendants agree to undertake all of the respective remedial work as described by the red line edits of the plans. In the alternative, defendants may, at their discretion use alternative, fully compliant construction design and work under current standards of the California Building Code ("Title 24"), and approved by the relevant building department, to satisfy the requirement of this Consent Decree.

         b. Training: Defendants agree that within 30 days after the re-opening of the restaurant, Defendants will make the following policy commitments: All staff, including managers, will be trained to offer reasonable accommodations for disabled persons, including affirmatively inquiring with disabled patrons as to whether they may need any reasonable accommodations. Defendants agree to make reasonable accommodations in their policies and practices when interacting with disabled patrons.

         c. Timing: Defendants shall have until the restaurant re-opens to comply with the remedial requirements of section 5(a) above. Defendants shall have until 30 days after the restaurant re-opens to complete the training requirements of section 5(b) above. In the event that unforeseen difficulties prevent Defendants from completing any of the agreed-upon injunctive relief, Defendants or their counsel will notify Plaintiffs counsel in writing within five days of discovering the delay. Plaintiff will have thirty (30) days to investigate and meet and confer, and to approve the delay by stipulation or otherwise respond to Defendants' notice. If the Parties cannot reach agreement regarding the delay within that time period, Plaintiff may seek enforcement by the Court. Defendants or their counsel will notify ...


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