Sean Gorecki v. Norms Restaurants, LLC et al

Filing 13

CONSENT DECREE AND ORDER FOR INJUNCTIVE, MONETARY AND OTHER RELIEF by Judge Beverly Reid O'Connell. Defendant will provide as additional consideration in resolution of all claims that were or could have been made in this or any related actio n, a monetary sum, as set forth in a Confidential Addendum executed between the Parties separately from this Consent Decree. Plaintiff agrees that neither he nor his attorneys are entitled to any other monetary compensation as a result of the Complaint, this Consent Decree, or any other claim Plaintiff might have against Norms. See document for details. (MD JS-6. Case Terminated) (lom)

JS-6

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Joseph R. Manning, Jr. (SBN 223381)
Michael J. Manning (SBN 286879)
Caitlin J. Scott (SBN 310619)
Tristan P. Jankowski (SBN 290301)
[e-mail]
MANNING LAW, APC
4667 MacArthur Blvd., Suite 150
Newport Beach, CA 92660
Tel: [phone]
Attorneys for Plaintiff
SEAN GORECKI
DAVIS WRIGHT TREMAINE LLP
AARON N. COLBY (SBN. 247339)
[e-mail]
865 S. FIGUEROA ST., SUITE 2400
LOS ANGELES, CA 90017
TELEPHONE: [phone]
Attorneys for Defendant
NORMS RESTAURANTS, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SEAN GORECKI, an individual

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Case No. 2:17-cv-01099-BRO (SK)

Plaintiff,
v.
NORMS RESTAURANTS, LLC, et al,

CONSENT DECREE AND ORDER
FOR INJUNCTIVE, MONETARY
AND OTHER RELIEF

Defendants.

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CONSENT DECREE AND ORDER, CASE NO. 2:17-CV-01099-BRO-SK
4832-3641-0694v.1 0107712-000004

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CONSENT DECREE AND ORDER
1.

Plaintiff Sean Gorecki (“Gorecki” or “Plaintiff”) filed a Complaint

(“Complaint”) on February 10, 2017, against Defendant, NORMS RESTAURANTS,
LLC d/b/a “NORMS RESTAURANTS” (“Norms” or “Defendant”), alleging that Norms
failed to design, construct, and maintain certain aspects of its website,
www.NormsRestaurants.com and their various subdirectories (the “Subject Website”), in
a manner that is fully accessible to and independently usable by Plaintiff and other blind
or visually-impaired people. Plaintiff alleges this resulted in a denial of full and equal
access to its Website, and the products and services offered on the Website, in violation
of Title III of the Americans with Disabilities Act (“ADA”)(42 U.S.C. § 12101 et seq.)
and California’s Unruh Civil Rights Act (“Unruh”)(Cal. Civil Code sec. 54), and deterred
Plaintiff from visiting the Website and Norms’ brick and mortar restaurant locations.
2.

Defendant denies the allegations in the Complaint, and by entering into this

Consent Decree and Order does not admit liability to any of the allegations in Plaintiff’s
Complaint filed in this action. The Parties enter into this Consent Decree and Order for
the purpose of resolving this lawsuit without the need for protracted litigation, and
without the admission of any liability.
3.

To avoid the costs, expense, and uncertainty of protracted litigation, the

Parties to this Consent Decree agree to entry of this Order to resolve all claims regarding
injunctive relief and damages raised in the Complaint filed with this Court. Accordingly,
they agree to the entry of this Order without trial or further adjudication of any issues of
fact or law concerning Plaintiff’s claims for injunctive relief or damages.
4.

This Order shall be a full, complete, and final disposition and settlement of

Plaintiff’s claims against Defendant for injunctive relief and damages that have arisen out
of the subject Complaint. The Parties agree that there has been no admission or finding of
liability or violation of the ADA and/or California civil rights laws, and this Consent
Decree and Order should not be construed as such.
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CONSENT DECREE AND ORDER, CASE NO. 2:16-CV-07642-ODW-JPR
4832-3641-0694v.1 0107712-000004

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I. JURISDICTION

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5.

The Parties to this Consent Decree agree that the Court has jurisdiction of

this matter pursuant to 28 USC §1331 for alleged violations of the Americans with
Disabilities Act of 1990, 42 USC § 12101 et seq., and pursuant to supplemental
jurisdiction under 28 U.S.C. § 1367 for alleged violations of California Civil Code §§ 51
et seq.
II. INJUNCTIVE RELIEF
6.

Norms will, within two (2) years of the Effective Date, make good

faith,reasonable efforts to cause the Subject Website to substantially comply with either
Web Content Accessibility Guidelines (WCAG) 2.0 Level AA to the extent readily
achievable. Notwithstanding the foregoing, Third Party Content on the Website will not
be required to meet the WCAG 2.0 Level AA standard. The term “Third Party Content”
refers to web content that is not developed or owned by Norms or any Releasee.
7.

Norms will retain a qualified consultant to assist with assessment and

recommendations for any necessary remediation to ensure compliance with Paragraph 6
of this Consent Decree. Norms will convey any feedback Gorecki provides regarding the
accessibility of the Website to its consultant for its consultant’s consideration. Any such
feedback will be provided by counsel for Gorecki to counsel for Norms within thirty (30)
days after the Effective Date.
III.
8.

MONETARY RELIEF

Defendant will provide as additional consideration in resolution of all claims

that were or could have been made in this or any related action, a monetary sum, as set
forth in a Confidential Addendum executed between the Parties separately from this
Consent Decree. Plaintiff agrees that neither he nor his attorneys are entitled to any other
monetary compensation as a result of the Complaint, this Consent Decree, or any other
claim Plaintiff might have against Norms.
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CONSENT DECREE AND ORDER, CASE NO. 2:16-CV-07642-ODW-JPR
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IV.
9.

ENTIRE CONSENT DECREE AND ORDER

This Consent Decree and Order, together with the Confidential Addendum

referenced in Paragraph 8, constitutes the entire agreement between the Parties on the
matters of injunctive relief and damages, attorney fees, litigation expenses and costs, and
no other statement, promise, or agreement, either written or oral, made by any of the
Parties or agents of any of the Parties, that is not contained in this written Consent Decree
and Order, shall be enforceable regarding the matters described herein.
V.
10.

RELEASE OF CLAIMS

For and in consideration of the promises, commitments and undertakings set

forth in this Consent Decree, and for other good and valuable consideration, the receipt of
which is hereby acknowledged, as of the Effective Date of this Consent Decree, Plaintiff,
on behalf of himself and any of his agents, employees, representatives, assigns, heirs,
executors, trustees, partners, attorneys, and each of them (“Releasors”), shall be deemed
to have jointly and severally forever released and discharged Defendant, its affiliates and
related entities, together with its and their respective past and present officers, directors,
employees, agents, stockholders, attorneys, servants, representatives, parent entities,
subsidiary entities, other related entities, partners, insurers, contractors, independent
consultants (including any that assisted in creating or maintainence of the Subject
Website), and the predecessors, successors, heirs, executors, administrators and assigns
of each of the foregoing (“Releasees”), from any and all claims, causes of action, suits,
demands, rights, liabilities, damages, lawsuits, legal proceedings, losses, fees, costs and
expenses of any kind whatsoever, whether known or unknown, including, but not limited
to, any monetary, injunctive or declaratory relief relating thereto, and for reimbursement
of attorney’s fees, costs and expenses, including but not limited to matters relating to the
Subject Website, Defendant’s other digital assets related to the Subject Website, and the
Complaint (“Released Claims”). Plaintiff, on his own behalf and on behalf of the other
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CONSENT DECREE AND ORDER, CASE NO. 2:16-CV-07642-ODW-JPR
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Releasees, acknowledges that Released Claims may include claims that are presently
unknown, and that the release contained in this Consent Decree is intended to and does
fully, finally and forever discharge all Released Claims, whether now asserted or
unasserted, known or unknown, which arise out of or in connection with the Released
Claims.
11.

Plaintiff hereby expressly and knowingly waives and relinquishes any and

all rights that he has or might have relating to the Released Claims under California Civil
Code § 1542 (and under any and all other statutes or common law principles of similar
effect) which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
12.

Plaintiff acknowledges that he may hereafter discover facts different from,

or in addition to, those which he now believes to be true with respect to the Released
Claims. On his own behalf and on behalf of all of the Releasees, Plaintiff agrees that the
foregoing release and waiver shall be and remain effective in all respects notwithstanding
such different or additional facts or discovery thereof, and that this Consent Decree
contemplates the extinguishment of all such Released Claims. By executing this Consent
Decree, Plaintiff acknowledges the following: (a) he is represented by counsel of his own
choosing; (b) he has read and fully understands the provisions of California Civil Code §
1542; and (c) he has been specifically advised by her/his counsel of the consequences of
the above waiver and this Consent Decree generally.
13.

Plaintiff expressly covenants that, as against any Releasee, he has not and

will not in the future file, initiate, commence, institute, maintain, or prosecute any action
at law, suit in equity or other proceeding, or seek damages or other relief incurred or
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allegedly incurred by him, related to, arising out of, or in any way connected with the
Complaint or any Released Claim, except for in relation to breach of this Consent Decree.
VI.
14.

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interest of the existence and terms of this Consent Decree and Order during the period of
the Court’s jurisdiction of this Consent Decree and Order.
15.

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Signatories on the behalf of the Parties represent that they are authorized to

bind the Parties to this Consent Decree and Order. This Consent Decree and Order may
be signed in counterparts and a facsimile or email signature shall have the same force and
effect as an original signature.
VII. TERM OF THE CONSENT DECREE AND ORDER
16.

This Consent Decree and Order shall become Effective on the date the Order

is signed by the Court (“Effective Date”).
17.

This Consent Decree and Order shall be in full force and effect and expire

by its own terms at the end of 24 months from the Effective Date without further action
by the Parties (“Expiration Date”).
VIII. SEVERABILITY

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This Consent Decree and Order shall be binding on Plaintiff, Defendant and

any successors in interest. The parties have a duty to so notify all such successors in

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ORDER BINDING ON PARTIES AND SUCCESSORS IN INTEREST

18.

If any term of this Consent Decree and Order is determined by any court to

be unenforceable, the other terms of this Consent Decree and Order shall nonetheless
remain in full force and effect.
IX.

RETENTION OF JURISDICTION AND ENFORCEMENT OF DECREE
19.

This Court shall have continuing jurisdiction to interpret and enforce this

Consent Decree until the Expiration Date.
20.

If either Party believes that the other Party has failed to comply with any

provision of the Decree, the complaining Party shall notify the alleged non-complying
Party in writing of such non-compliance and afford the alleged non-complying Party
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CONSENT DECREE AND ORDER, CASE NO. 2:16-CV-07642-ODW-JPR
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thirty (30) days to remedy the non-compliance or satisfy the complaining Party that the
alleged non-complying Party will comply within a certain period of time. If the alleged
non-complying Party has not remedied the alleged non-compliance or satisfied the
complaining Party that it has complied within that time, the Parties shall meet and confer
regarding the non-compliance. If the Parties are unable to resolve the issue(s), the
complaining Party may apply to the Court for appropriate relief. The Court may order
appropriate relief should it determine that either Party has not complied with this Decree.

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AGREED:
SEAN GORECKI

NORMS RESTAURANTS, LLC.

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____________________________

By: _____________________________

Date: __________________________

Date: ____________________________

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IT IS SO ORDERED.
DATED: April 12, 2017

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By:

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Honorable Beverly R. O’Connell
United States District Court Judge

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CONSENT DECREE AND ORDER, CASE NO. 2:16-CV-07642-ODW-JPR
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CONSENT DECREE AND ORDER, CASE NO. 2:16-CV-07642-ODW-JPR
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