Anglin v. Alrowhany

Filing 39

STIPULATION and ORDER 38 Regarding Defendants' Financial Wherewithal and Readily Achievable Barrier Removal, signed by Magistrate Judge Jennifer L. Thurston on 4/7/2015. (Hall, S)

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CENTER FOR DISABILITY ACCESS
MARK D. POTTER, ESQ., SBN 166317
PHYL GRACE, ESQ., SBN 171771
Mail: P.O. Box 262490
San Diego, CA 92196-2490
Deliveries: 9845 Erma Road, Suite 300
San Diego, CA 92131
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiff DEBRA ANGLIN

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DEBRA ANGLIN,
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Plaintiff,

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v.

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HIFDHUULAH A. ALROWHANY;
ABDUL ALROWHANY, DBA THE CELL
PHONE STORE;
MOHAMMED ALROWHANY, DBA THE
CELL PHONE STORE; and Does 1-10,

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Defendants.

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Case No.: 1:13-CV-01357-LJO-JLT

JOINT STIPULATION OF FACT
REGARDING DEFENDANTS’ FINANCIAL
WHEREWITHAL AND READILY
ACHIEVABLE BARRIER REMOVAL AND
[PROPOSED] ORDER THEREON
(Doc. 38)

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JOINT STIPULATION

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The following terms, phrases, and definitions will be applied in this stipulation and are

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intended to conform to the usage given in the Americans with Disabilities Act Accessibility

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Guidelines:

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ADAAG:

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Americans with Disabilities Act Accessibility Guidelines found
at 28 C.F.R. Part 36.

ACCESSIBLE:

Complying with the technical requirements of the ADAAG.

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SUBJECT PROPERTY:

Strip mall located at or about 514 Finley Drive, Taft, California.

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READILY ACHIEVABLE:

Shall have the same definition as that found at 42 U.S.C. §
12181(9).

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BARRIER:

Any architectural or configuration element of the subject

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property that does not comply with the technical provisions

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found in the Americans With Disabilities Act Accessibility

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Guidelines and/or Title 24 of the California Code of

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Regulations, and which is identified in the Plaintiff’s complaint.

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VAN ACCESSIBLE PARKING
SPACE:

A striped and reserved handicap parking space that has a
separate access aisle measuring 96 inches in width.

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PLAINTIFF DEBRA ANGLIN AND DEFENDANT HIFDHUULAH A. ALROWHANY,
BY AND THROUGH THEIR ATTORNEYS OF RECORD, HEREBY STIPULATE:
WHEREAS Plaintiff has propounded written discovery to assist him in determining the
ability of the Stipulating Defendants to undergo “readily achievable” barrier removal and to support
Plaintiff’s damages assessment; and
WHEREAS such discovery information is of a personal and confidential nature and,
therefore, the Stipulating Defendants have a legitimate concern about unnecessarily producing such
information;
The Plaintiff and the Stipulating Defendants enter into the following stipulation:

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Plaintiff: Plaintiff will currently forbear from propounding any discovery that seeks information
concerning the financial status, ability, or wherewithal of the Stipulating Defendants. Plaintiff also
withdraws all discovery already propounded concerning this information.

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Stipulating Defendants: The Stipulating Defendants hereby declare that in determining whether the

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removal of a BARRIER is READILY ACHIEVABLE, factors such as the (1) Stipulating Defendant’s

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financial resources; (2) the facility’s financial resources; (3) the “effect on expenses and resources”;

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and (4) impact on finances, shall NOT be raised by STIPULATING DEFENDANTS as a defense as

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to why the Stipulating Defendant cannot remedy and/or remove those alleged BARRIERS.

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Furthermore, Defendants hereby stipulate that it is READILY ACHIEVABLE for the defendants to

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provide (1) a VAN ACCESSIBLE parking space; (2) an ACCESSIBLE path of travel into the stores

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at the SUBJECT PROPERTY; (3) an ACCESSIBLE path of travel to the Boost Mobil store the

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SUBJECT PROPERTY.

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NOTE: Stipulating Defendants are not stipulating (A) liability to the Plaintiff; (B) that the above

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identified barrier removals are required by law; or (C) that they are subject to the ADA or related state

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disability access laws.

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NOTE: The parties understand that the Plaintiff reserves his right to seek financial information in

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support of a claim for punitive damages. However, Plaintiff will forbear from seeking that information

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until Plaintiff believes that further discovery information warrants the prosecution of a punitive

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damages claim against the Stipulating Defendants. Even if Plaintiff reaches a decision that a punitive

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damages claim should be prosecuted, Plaintiff will, nonetheless, wait until the end of the discovery

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window to request such information so as to allow maximum opportunity for resolution of the case.

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IT IS SO STIPULATED.

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Dated: March 10, 2015

CENTER FOR DISABILITY ACCESS

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By:
/s/ Isabel Masanque
ISABEL MASANQUE
Attorney for Plaintiff
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Dated: April 6, 2015

Lewis Brisbois Bisgaard & Smith LLP

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By:/s/ Shane Singh
As authorized on 4/6/15 (original on file with counsel)
SHANE SINGH
Attorney for Defendants

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ORDER

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IT IS SO ORDERED.
Dated:

April 7, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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