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Whitaker v. 611 Wilshire Properties

United States District Court, C.D. California

September 6, 2019

Brian Whitaker, Plaintiff,
v.
611 Wilshire Properties, a California General Partnership; and Does 1-10, Defendants.

          Center 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

          SAGE LAW PARTNERS, p.c. Darrel C. Menthe, SBN 186252 9696 Attorney for Defendant

          CONSENT DECREE AND ORDER

          HONORABLE R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE

         TO THE COURT, ALL INTERESTED PARTIES AND ATTORNEYS OF RECORD:

         1. 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.

         2. 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.

         JURISDICTION:

         3. 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).

         4. In 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.

         WHEREFORE, the Parties hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows:

         SETTLEMENT OF INJUNCTIVE RELIEF:

         5. This 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.

         6. The Parties agree and stipulate that the corrective work will be performed in compliance with Exhibit “A” attached hereto.

         7. Remedial Measures: The corrective work agreed upon by the Parties is attached here to as Exhibit “A”. Defendants agree to ...


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