Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Schulz v. Ketch Joanne Restaurant & Harbor Bar

United States District Court, N.D. California

January 6, 2020

JOHN SCHULZ, Plaintiff,
v.
KETCH JOANNE RESTAURANT & HARBOR BAR, a California Corporation, SAN MATEO COUNTY HARBOR DISTRICT, a Government Entity Defendants.

          PAUL L. REIN, ESQ. AARON M. CLEFTON, ESQ. REIN & CLEFTON, ATTORNEYS AT LAW ATTORNEYS FOR PLAINTIFF JOHN SCHULZ

          KIMBERLY Y. CHIN, CHRISTINA M. FORST, ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP ATTORNEYS FOR DEFENDANT SAN MATEO COUNTY HARBOR DISTRICT

          CONSENT DECREE AND [PROPOSED] ORDER FOR INJUNCTIVE RELIEF FOR INJUNCTIVE RELIEF, DAMAGES, AND ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS

          Honorable Maxine M. Chesney U S District Court Judge.

         1. Plaintiff JOHN SCHULZ filed a Complaint in this action on February 22, 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 KETCH JOANNE RESTAURANT & HARBOR BAR and SAN MATEO COUNTY HARBOR DISTRICT. Plaintiff has alleged that Defendants violated Titles II and III of the ADA; Sections 51, 51.7, 52, 54, 54.1, 54.3 and 55, of the California Civil Code, section 4450 of the California Government Code; and Health and Safety Code §§ 19953 et. seq. by failing to provide full and equal access to users of the Ketch Joanne Restaurant & Harbor Bar at 17 Johnson Pier, Half Moon Bay, California. Defendants deny any and all liability.

         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 or which could have been alleged based on 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: Defendants shall perform the remedial work set forth in the report attached to this Consent Decree as Exhibit A.
b. Policy Based Remedial Measures and Administrative Procedures:
i. Defendants agree to keep existing restrooms open to the public until time of construction to create unisex ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.