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Torres v. Men's Wearhouse, Inc.

United States District Court, E.D. California

August 27, 2019

ALBERT TORRES, JR., Plaintiff,
v.
MEN'S WEAHOUSE, INC.; TAILORED BRANDS, INC; and CPT CREEKSIDE TOWN CENTER, LLC, Defendants.

          PAUL 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

         1. 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.

         2. In 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.

         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. 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 54.1.

         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 Defendants 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.

         a. Physical Remedial Measures and Administrative Procedures:

i. Creekside represent that their parking lot and paths of travel to the subject Men's Wearhouse is accessible. Accordingly, Creekside agree to ...

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