United States District Court, C.D. California
for Disability Access Raymond G. Ballister, Jr., SBN 111282
Mark Potter, Esq., SBN 166317 Phyl Grace, Esq., SBN 171771
Elliott Montgomery, Esq, SBN 279451 Attorneys for Plaintiff
LAW PARTNERS, p.c. Darrel C. Menthe, SBN 186252 9696 Attorney
CONSENT DECREE AND ORDER
HONORABLE R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE
THE COURT, ALL INTERESTED PARTIES AND ATTORNEYS OF
Plaintiff, BRIAN WHITAKER, filed this action (known as No.
2:18-CV-07313-R-MRW) against Defendants seeking money damages
and injunctive relief for, inter alia, violations of
the Americans with Disabilities Act of 1990 (the
"ADA"), Unruh Civil Rights Act and corresponding
state law claims, as well as common law claims, in the United
States District Court for the Central District of California
on June 1, 2018. Dkt.1. Defendants 611 WILSHIRE PROPERTIES, a
California General Partnership ("Defendants") filed
their Answer on September 18, 2018.
Defendants and Plaintiff (collectively sometimes referred to
herein as the “Parties” or separately as a
“Party”) wish to settle the portion of the case
relating to issues of injunctive relief and hereby desire to
enter into this Consent Decree. The Parties hereby enter into
this Consent Decree and Order for the purpose of resolving
certain specified aspects of the lawsuit without the need for
protracted litigation, and without the admission of any
liability by either Party whatsoever, including but not
limited to liability as to the issues of damages and/or fees.
Plaintiff asserts that the Court has jurisdiction of this
matter for alleged violations of the Americans with
Disabilities Act of 1990, 42 U.S.C. 12101, et seq., pursuant
to supplemental jurisdiction under California's Unruh
Civil Rights Act, and 28 U.S.C. §1331, §1343(a)(3)
and (a)(4) and §1391(b).
order to avoid the costs, expense, and uncertainty of
protracted litigation, the Parties agree to entry of this
Order to resolve all claims regarding injunctive relief
raised in the above-entitled Action. Accordingly, the Parties
agree to the entry of the proposed Order related to this
Consent Decree without trial or further adjudication of the
issues addressed herein.
the Parties hereby agree and stipulate to the Court's
entry of this Consent Decree and Order, which provides as
OF INJUNCTIVE RELIEF:
Order shall be a full, complete, and final disposition and
settlement of Plaintiff's claims against Defendants and
any other parties for injunctive relief that have arisen out
of the acts and/or omissions alleged, or which could have
been alleged, in the subject Complaint.
Parties agree and stipulate that the corrective work will be
performed in compliance with Exhibit “A” attached
Remedial Measures: The corrective work agreed upon by the
Parties is attached here to as Exhibit “A”.
Defendants agree to ...