United States District Court, C.D. California
McGUINNESS & GOLDSMITH, LLP ANTHONY GOLDSMITH, ESQ
Attorneys for Plaintiff JOHN WHITBREAD
FIDELIS LAW APC ESTEFAN M ENCARNACION, Esq Attorneys for
Defendant, GADI'S RESTAURANT AND BAR, INC and Gdalyahu
CONSENT DECREE FOR INJUNCTIVE RELIEF AND [PROPOSED]
HONORABLE JESUS G. BERNAL U.S. DISTRICT COURT JUDGE
JOHN WHITBREAD filed a Complaint in this action on February
5, 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 injunctive relief and the recovery
of damages for alleged discriminatory experiences, denial of
access, and denial of civil rights against Defendants
relating to disability discrimination at Defendants'
public accommodations as of October 24, 2018 and continuing.
Plaintiff filed a First Amended Complaint on July 3, 2019 to
include an additional Defendant Ghalyahu Okevi, who waived
service through counsel on July 24, 2019.
has alleged that Defendants violated Titles III of the ADA
and sections 51, 54 and 54.1 of the California Civil
Code by creating and/or failing to remove physical
barriers to disability access at the Gadi's Bar &
Grill restaurant and related facilities and real property
located at 56193 Twentynine Palms Highway, Yucca Valley,
California (the restaurant and associated realty including
all parking areas serving the restaurant shall hereinafter be
referred to as “the Facility” or “the
Restaurant”). Without agreeing to any of
Plaintiff's allegations as set forth above or in the
operative complaint in this matter except as admitted in
Defendant Gadi's Restaurant and Bar, Inc.'s answer or
as set forth herein, Plaintiff and Defendants Gadi's
Restaurant and Bar, Inc and Gdalyahu Okevi, (together,
“the Parties”) agree that it is in the
Parties' best interests, and Plaintiff believes it is in
the public interest, to fully and finally resolve injunctive
and equitable relief in this matter on mutually agreeable
term. The Parties have not resolved the amount of monetary
relief and do not seek dismissal of the action.
Plaintiff and Defendants hereby agree and stipulate to the
following Consent Decree for Injunctive Relief, which the
Court will retain jurisdiction to enforce for forty-eight
(48) months after the date it is signed.
the Parties to this Consent Decree for Injunctive Relief
hereby agree and stipulate to the Court's entry of this
Consent Decree for Injunctive Relief and Order, which provide
Court has jurisdiction of this matter pursuant to 28 U.S.C.
§§1331 and 1345, and 42 U.S.C. §12188(b).
Venue is appropriate in this District pursuant to 28 U.S.C.
Order shall be a full, complete, and final disposition and
settlement of Plaintiff's claims against Defendants for
injunctive and equitable relief but does not serve to resolve
Plaintiff's claims for statutory damages, attorneys'
fees litigation expenses and costs (“Monetary
Relief'). It is agreed that the Parties will seek to
resolve issues connected with Monetary Relief through
negotiation, mediation or further litigation.
Standards: Unless an earlier date is set forth below,
Defendants shall remediate each and every barrier identified
in the Partial Disabled Access Report of ARCOR Inc., dated
July 23, 2019 (the “ARCOR Report”) on or before
July 1, 2020. A copy of the ARCOR Report is attached hereto
as Exhibit “A” and by this reference incorporated
herein and made a part hereof. Provided, however that the
Defendants shall only be required to create one men's
restroom that is complaint with the below described Current
Access Standards. All work shall conform to the 2010
Americans with Disabilities Act Accessibility Standards
applicable to new construction as set forth in 28 C.F.R. Part
36 (“ADAS”) and the currently enforceable
provisions of Chapter 11B of the California Building Code
(the “CBC”) (collectively, “Current Access
Timelines. All barriers at the Facility and deviations from
Current Access Standards identified in Exhibit
“A” shall be eliminated on before July 1, 2020
unless an earlier date is set forth below:
a. All barriers and deviations from the Current Access
Standards with respect to parking spaces, passenger access
aisles and related features (including surface conditions,
signs and surface identification), as set forth in the ARCOR
Report, shall be remediated no later than March 1, 2020 so
that the parking at the ...