United States District Court, E.D. California
L. REIN, Esq. (SBN 43053) AARON M. CLEFTON, Esq. (SBN 318680)
REIN & CLEFTON, Attorneys at Law Attorneys for Plaintiff
ALBERT TORES, JR.
TRAINOR FAIRBROOK Jessica A. Robison, State Bar No. 220846
Attorneys for Defendant CPT CREEKSIDE TOWN CENTER, LLC
CAROTHERS DISANTE & FREUDENBERGER LLP Nicole Legrottaglie
Wohl, State Bar No. 271416 VORYS, SATER, SEYMOUR AND PEASE
LLP George L. Stevens, Ohio Bar No. 0092609 Attorneys for
Defendants MEN'S WEAHOUSE, INC. and TAILORED BRANDS, INC
CIVIL RIGHTS CONSENT DECREE AND [PROPOSED] ORDER FOR INJUNCTIVE RELIEF FOR
INJUNCTIVE RELIEF, DAMAGES, AND ATTORNEY FEES, LITIGATION
EXPENSES, AND COSTS
WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE
Plaintiff ALBERT TORRES, JR. filed a Complaint in this action
on April 8, 2019, 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 MEN'S WEAHOUSE, INC.; TAILORED BRANDS,
INC; and CPT CREEKSIDE TOWN CENTER, LLC, (“Defendants,
” collectively; “Men's Wearhouse” and
“Creekside, ” individually). Plaintiff has
alleged that Defendants violated Title III of the ADA;
Sections 51, 52, 54, 54.1, 54.3 and 55, of the California
Civil Code, and Health and Safety Code §§ 19953 et.
seq. by failing to provide full and equal access to users of
the Men's Wearhouse clothing store located at 1224
Galleria Blvd. Roseville, California.
order to avoid the costs, expense, and uncertainty of
protracted litigation, Plaintiff and Defendants (together
sometimes 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
Plaintiff's claims for relief.
Parties to this Consent Decree and Order agree that the Court
has jurisdiction of this matter pursuant to 28 U.S.C. section
1331 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 Civil Code sections 51, 54, and
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:
OF INJUNCTIVE RELIEF:
Order shall be a full, complete, and final disposition and
settlement of Plaintiff's claims against Defendants for
injunctive relief that have arisen out of the subject
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.
Physical Remedial Measures and Administrative
i. Creekside represent that their parking lot and paths of
travel to the subject Men's Wearhouse is accessible.
Accordingly, Creekside agree to ...