Jeremiah Wagenfeld v. M15 Concert Bar and Grill, LLC et al
Filing
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JUDGMENT by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment in this action be entered as follows: Judgment is entered in favor of Plaintiff Jeremiah Wagenfeld and against Defendant M15 Concert Bar and Grill , LLC. The Americans with Disabilities Act entitles claimants only to injunctive relief. (SEE ATTACHMENT FOR FURTHER DETAILS). Plaintiff Jeremiah Wagenfeld is awarded against Defendant M15 Concert Bar and Grill, LLC, and Plaintiff Jeremiah Wagenfeld shall take three statutory penalties, each in the amount of $4,000, for a total of $12,000. Plaintiff Jeremiah Wagenfeld is further awarded his attorneys' fees and costs as provided by law. (MD JS-6, Case Terminated). (jp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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Case No. EDCV 16-1012-MWF (SPx)
JEREMIAH WAGENFELD,
Plaintiff,
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v.
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JUDGMENT
13 M15 CONCERT BAR & GRILL, LLC,
et al.,
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Defendants.
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This action was disposed of in an order granting summary judgment to
19 Plaintiff Jeremiah Wagenfeld. (See Order Granting Plaintiff’s Motion for
20 Summary Judgment, dated May 1, 2017 (Docket No. 33). Plaintiff was
21 represented by Mark Potter and Michelle Uzeta, of the Center for Disability
22 Access. Defendant was represented by Rick Blake of Blake and Ayaz ALC.
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The Court granted Plaintiff Jeremiah Wagenfeld’s motion for summary
24 judgment as to all claims.
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Now, therefore, pursuant to Rules 54 and 58 of the Federal Rules of Civil
26 Procedure, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
27 final judgment in this action be entered as follows:
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JUDGMENT
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1. On the claim for violation of the Americans with Disabilities Act of
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1990, 42 U.S.C. §§ 12101 et seq.: Judgment is entered in favor of
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Plaintiff Jeremiah Wagenfeld and against Defendant M15 Concert Bar
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& Grill, LLC. The Americans with Disabilities Act entitles claimants
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only to injunctive relief. Accordingly, the Court ORDERS as
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follows:
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a. Defendant M15 Concert Bar & Grill, LLC is ORDERED to
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provide an accessible route of travel between the accessible
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parking space and the entrance to the facility. 1991 Standards
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for Accessible Design § 4.6.2; 2010 Standards for Accessible
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Design § 208.3.1.
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b. Defendant M15 Concert Bar & Grill, LLC, is ORDERED to
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provide an accessible parking space for its store. 1991
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Standards §§ 4.6.2; 2010 Standards §§ 208, 502.4.
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c. Defendant M15 Concert Bar & Grill, LLC is ORDERED to
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provide an accessible elevator to allow for disabled access to
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the loge seating section. 28 C.F.R. § 36.211(a).
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d. Defendant M15 Concert Bar & Grill, LLC is ORDERED to
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provide a website that provides materials, such as seating maps,
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plans, brochures, pricing charts, or other information, that
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identify accessible seating and information relevant thereto with
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the same text or visual representations as other seats. 28
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C.F.R. § 36.302(f)(2)(iii).
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e. Defendant M15 Concert Bar & Grill, LLC, is ORDERED to
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provide an accessible restroom in its facility. 1991 Standards §
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10.3.1; 2010 Standards § 404.2.10.
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2. On the claim for violation of the Unruh Civil Rights Act, California
Civil Code section 51(f): Plaintiff Jeremiah Wagenfeld is awarded
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JUDGMENT
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against Defendant M15 Concert Bar & Grill, LLC, and Plaintiff
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Jeremiah Wagenfeld shall take three statutory penalties, each in the
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amount of $4,000, for a total of $12,000, pursuant to California Civil
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Code section 55.56.
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Plaintiff Jeremiah Wagenfeld is further awarded his attorneys’ fees and costs
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Dated: May 2, 2017
_______________________________
MICHAEL W. FITZGERALD
United States District Judge
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JUDGMENT
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