Jeremiah Wagenfeld v. M15 Concert Bar and Grill, LLC et al

Filing 35

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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1 2 JS-6 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 Case No. EDCV 16-1012-MWF (SPx) JEREMIAH WAGENFELD, Plaintiff, 12 v. 11 JUDGMENT 13 M15 CONCERT BAR & GRILL, LLC, et al., 14 Defendants. 15 16 17 18 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. 23 The Court granted Plaintiff Jeremiah Wagenfeld’s motion for summary 24 judgment as to all claims. 25 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: 28 -1- JUDGMENT 1 1. On the claim for violation of the Americans with Disabilities Act of 2 1990, 42 U.S.C. §§ 12101 et seq.: Judgment is entered in favor of 3 Plaintiff Jeremiah Wagenfeld and against Defendant M15 Concert Bar 4 & Grill, LLC. The Americans with Disabilities Act entitles claimants 5 only to injunctive relief. Accordingly, the Court ORDERS as 6 follows: 7 a. Defendant M15 Concert Bar & Grill, LLC is ORDERED to 8 provide an accessible route of travel between the accessible 9 parking space and the entrance to the facility. 1991 Standards 10 for Accessible Design § 4.6.2; 2010 Standards for Accessible 11 Design § 208.3.1. 12 b. Defendant M15 Concert Bar & Grill, LLC, is ORDERED to 13 provide an accessible parking space for its store. 1991 14 Standards §§ 4.6.2; 2010 Standards §§ 208, 502.4. 15 c. Defendant M15 Concert Bar & Grill, LLC is ORDERED to 16 provide an accessible elevator to allow for disabled access to 17 the loge seating section. 28 C.F.R. § 36.211(a). 18 d. Defendant M15 Concert Bar & Grill, LLC is ORDERED to 19 provide a website that provides materials, such as seating maps, 20 plans, brochures, pricing charts, or other information, that 21 identify accessible seating and information relevant thereto with 22 the same text or visual representations as other seats. 28 23 C.F.R. § 36.302(f)(2)(iii). 24 e. Defendant M15 Concert Bar & Grill, LLC, is ORDERED to 25 provide an accessible restroom in its facility. 1991 Standards § 26 10.3.1; 2010 Standards § 404.2.10. 27 28 2. On the claim for violation of the Unruh Civil Rights Act, California Civil Code section 51(f): Plaintiff Jeremiah Wagenfeld is awarded -2- JUDGMENT 1 against Defendant M15 Concert Bar & Grill, LLC, and Plaintiff 2 Jeremiah Wagenfeld shall take three statutory penalties, each in the 3 amount of $4,000, for a total of $12,000, pursuant to California Civil 4 Code section 55.56. 5 6 Plaintiff Jeremiah Wagenfeld is further awarded his attorneys’ fees and costs 7 as provided by law. 8 9 Dated: May 2, 2017 _______________________________ MICHAEL W. FITZGERALD United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- JUDGMENT

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