Anglin v. Alrowhany

Filing 42

CONSENT DECREE, Stipulation as to Liability and ORDER, signed by District Judge Lawrence J. O'Neill on 7/13/15. (Verduzco, M)

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Center for Disability Access
Mark Potter, Esq., SBN 166317
Phyl Grace, Esq., SBN 171771
Ray Ballister Jr., Esq., SBN 111282
Dennis Price, SBN 279082
Mail: PO Box 262490
San Diego, CA 92196-2490
Delivery: 9845 Erma Road, Suite 300
San Diego, CA 92131
[phone]; [phone]
Fax: [e-mail]
Attorneys for Plaintiff

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Law Offices of Melissa M. Ballard
Linda J. L. Sharpe, State Bar No.: 94283
12009 Foundation Place, Suite 190
Gold River, CA 95670
Mailing Address: P.O. Box 2282, Brea, CA 92822
Phone: [phone]; Fax: [phone]
Direct Line: [phone]
E-Mail: [e-mail]
Attorneys for Defendants ABDUL
ALROWHANY,DBA THE CELL
PHONE STORE and MOHAMMED
ALROWHANY, DBA
THE CELL PHONE STORE ;
LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733
2850 Gateway Oaks Drive, Suite 450
Sacramento, California 95833
Telephone: [phone]
Facsimile: 916.564.5444
Attorneys for Defendant HIFDUULAH ALROWHANY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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DEBRA ANGLIN,
Plaintiff,

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vs.

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

CONSENT DECREE, STIPULATION
AS TO LIABILITY AND ORDER
CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
Page 1 of 7

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ABDUL ALROWHANY,DBA THE CELL
Judge: Honorable Lawrence J. O'Neill
PHONE STORE;
MOHAMMED ALROWHANY, DBA
THE CELL PHONE STORE ;
and DOES 1-10,

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Defendants.

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TO THE COURT, ALL INTERESTED PARTIES AND ATTORNEYS OF
RECORD:
1.

Plaintiff DEBRA ANGLIN, filed this action (known as Case No. 1:13-CV-

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01357-LJO-JLT) against Defendant seeking money damages and injunctive relief for, inter

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alia, violations of the Americans with Disabilities Act of 1990 (the "ADA"), corresponding

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state law claims as well as common law claims in the United States District Court for the

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Eastern District of California on September 18, 2013. Defendants HIFDHUULAH A.

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ALROWHANY, ABDUL ALROWHANY, DBA THE CELL PHONE STORE &

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MOHAMMED ALROWHANY, DBA THE CELL PHONE STORE ("Defendants") filed

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their Answers to the First Amended Complaint on October 14, 2016 (HIFDHUULAH

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ALROWHANY) and October 16, 2014 (ABDUL ALROWHANY, DBA THE CELL

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PHONE STORE and MOHAMMED ALROWHANY, DBA THE CELL PHONE STORE).

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2.

Defendants and Plaintiff (herein collectively referred to as the “Parties” or

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separately as a “Party”) wish to settle the portion of the cases relating to issues of injunctive

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relief and liability, hereby desire to enter into this Consent Decree, Stipulation as to Liability

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and Order (“Consent Decree”). The Parties hereby enter into this Consent Decree for the

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purpose of resolving certain specified aspects of the lawsuit without the need for protracted

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litigation, and without the admission of any liability as to: (a) the amount of damages to

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which Plaintiff may be entitled or (b) the amount of attorneys’ fees to which Plaintiff may be

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entitled.

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CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
Page 2 of 7

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JURISDICTION:

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3.

The Parties agree that the Court has jurisdiction of this matter for alleged

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violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq. (the

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“ADA”) and pursuant to supplemental jurisdiction under 28 U.S.C. §1367(a) for alleged

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violations of California Civil Code §§51 and 54. et. seq.

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4.

In order to avoid the costs, expense, and uncertainty of protracted litigation, the

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Parties agree to entry of this Order to resolve all claims regarding injunctive relief raised in

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the above-entitled Actions. Accordingly, the Parties agree to the entry of the proposed Order

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related to this Consent Decree without trial or further adjudication of the issues addressed

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herein.

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NO DISMISSAL OF ACTION REQUESTED:

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5.

As noted herein, the amount of monetary damages, penalties and fees are still

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at issue and accordingly the Parties do not request that the Honorable Court dismiss the

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action as these issues may still proceed to trial.

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WHEREFORE, the Parties hereby agree and stipulate to the Court’s entry of this
Consent Decree and Order, which provides as follows:

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SETTLEMENT OF INJUNCTIVE RELIEF AND LIABILITY ISSUES:

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6.

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

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Plaintiff’s claims against Defendants and any other parties for injunctive relief with respect

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to issues addressed in or that could have been pled in the Complaint. Additionally, this

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agreement shall serve as an admission of liability on the part of Defendants

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7.

The Parties agree and stipulate that the corrective work will be performed in

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compliance with the standards and specifications for disabled access as set forth in the

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California Code of Regulations, Title 24-2 and the 2010 Americans with Disabilities Act

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Standards, unless other standards are specifically agreed to in this Consent Decree and Order.

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CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
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8.

Remedial Measures:

The corrective work agreed upon by the Parties is

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attached here to as Exhibit “A”. Defendants agree to undertake all of the remedial work set

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forth therein.

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9.

Timing of Injunctive Relief:

Exhibit “A” also includes the estimated

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timeframe for completing the work described therein.

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difficulties prevent Defendants from completing any of the agreed-upon injunctive relief

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within the timeframes specified, Defendants or their counsel will notify Plaintiff’s counsel, in

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writing, within fifteen (15) days after discovering any such difficulties. Defendants, or their

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counsel, will promptly notify Plaintiff’s counsel when the corrective work is complete, and

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In the event that unforeseen

in any case, will provide a status report on or before August 1, 2016.

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10. The Parties hereby stipulate and agree that: (i) on March 16, 2013, the door entry

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threshold at the Boost Mobile store was too high to be in compliance with the ADA and

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constituted a violation of the ADA; (ii) the height of the threshold was the sole cause of

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Plaintiff’s fall and resultant injuries on March 16, 2013;(iii) as of March 16, 2013,Defendants

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(and each of them) were solely liable for the existence of the non-compliant condition of the

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threshold and; (iv) on March 13, 2015 through the present, each Defendant is and was an

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owner and/or operator of the Boost Mobile store and / or the owner of the real property upon

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which the Boost Mobile store is located. The above admission of and stipulation to liability

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shall preclude Defendants (at trial or before) from contesting liability for: (i) violation of the

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ADA and (ii) Plaintiff’s injuries. Without limiting the generality of the foregoing,

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Defendants shall not produce or offer the testimony of any witnesses or seek to introduce any

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evidence that would seek to deny or contest liability or assign or apportion liability to any

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party other than Defendants. Defendants and Plaintiff shall stipulate to a jury instruction to

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effectuate the above agreement and stipulation. Notwithstanding the forgoing, Defendants

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are making no admission with respect to the amount of damages to which Plaintiff is entitled

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in excess of the $4,000 minimum statutory damages available pursuant to §52 of the Civil

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Code..

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CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
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ISSUES RELATED TO THE AMOUNT OF DAMAGES, ATTORNEYS FEES,
LITIGATION EXPENSES, AND COSTS REMAIN UNRESOLVED:
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The Parties have not reached an agreement regarding the amount of Plaintiff’s

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claims for damages or the amount of attorneys’ fees, litigation expenses and costs in this

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Action (collectively, the “Unresolved Issues”). These Unresolved Issues shall be the subject

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of further negotiation, settlement, litigation, and/or motions to the Court. Should the Parties

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later reach an agreement regarding the Unresolved Issues; the terms of that agreement will be

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set forth in a separate settlement agreement. Nothing set forth herein shall be deemed to in

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any way limit or effect a waiver of either of Plaintiffs’ past, present or future rights and/or

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remedies to recover damages, attorneys’ fees, litigation expenses or costs in connection with

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each of their alleged losses, costs, damages, claims and causes of action as set forth in each

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of the operative Complaints or otherwise.

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ENTIRE CONSENT ORDER:

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12.

This Consent Decree, Stipulation as to Liability and Order and Exhibit “A”,

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which is incorporated herein by reference as if fully set forth in this document, constitute the

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entire agreement between the signing Parties on all matters of injunctive relief and liability,

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and no other statement, promise, or agreement, either written or oral, made by any of the

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Parties or agents of any of the Parties, that is not contained in this written Consent Decree,

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Stipulation as to Liability and Order, shall be enforceable regarding the matters of injunctive

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relief specifically described herein.

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TERM OF THE CONSENT DECREE AND ORDER AND SURVIVAL OF

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STIPULATION:

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13.

This Consent Decree Stipulation as to Liability and Order shall be in full force

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and effect for a period of eighteen (24) months after the date of entry of this Consent Decree

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Stipulation and Order, or until the injunctive relief contemplated by this Order is completed,

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whichever occurs later.

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provisions of this Order for eighteen (24) months after the date of this Consent Decree, or

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The Court shall retain jurisdiction of this action to enforce

CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
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until the relief contemplated by this Order is completed, whichever occurs later. The

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Stipulation as to liability set forth in section 10 hereof shall survive the termination of the

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Court’s jurisdiction hereunder.

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SEVERABILITY:

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14.

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

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unenforceable, all other terms of this Consent Decree and Order shall nonetheless remain in

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full force and effect.

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SIGNATORIES BIND PARTIES:

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15.

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

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bind the Parties to this Consent Decree and Order. This Consent Decree and Order may be

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signed in counterparts and a facsimile or e-mail signature shall have the same force and

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effect as an original signature.

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AGREEMENT BINDING ON SUCCESSORS

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16. The Parties agree that the terms of this Consent Decree shall be bind them as well

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as their heirs, assigns and successors in interest.

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Dated: July 9, 2015

CENTER FOR DISABILITY ACCESS

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By:

/s/Phyl Grace

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PHYL GRACE
Counsel for Plaintiff
DEBRA ANGLIN

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Dated: July 9, 2015

LAW OFFICES OF MELISSA M.
BALLARD

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By:

/s/Linda J.L.Sharpe

LINDA J. L. SHARPE
Counsel for Defendants
ABDUL ALROWHANY, dba THE CELL
PHONE STORE & MOHAMMED
ALROWHANY, dba THE CELL PHONE
STORE
CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
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Dated: July 9,_, 2015

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LEWIS BRISBOIS BISGAARD & SMITH
By: /s/ S. Shane Singh ___
S. SHANE SINGH,
Counsel for Defendant
HIFDHUULA A. ALROWHANY

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IT IS SO ORDERED.
Dated:

July 13, 2015

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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CONSENT DECREE, STIPUL:ATION AS TO LIABILITY AND [PROPOSED]
ORDER
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