Jones v. Rosie's Country Kitchen, LLP et al.

Filing 24

CONSENT DECREE AND ORDER signed by Judge William B. Shubb on 01/04/10. CASE CLOSED(Benson, A.)

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LAW OFFICES OF

PAUL L. REIN, Esq. (SBN 43053) CELIA MCGUINNESS, Esq. (SBN 159420) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: [phone] Facsimile: 510/832-4787 Attorneys for Plaintiff GUY JONES CRIS C. VAUGHAN, Esq. (SBN 99568) Vaughan & Associates 6207 South Walnut Street, Suite 800 Loomis, CA 95650 Telephone: [phone] Facsimile: 916/660-9378 Attorney for Defendants, ROSIE'S COUNTRY KITCHEN, LLC, (incorrectly sued herein as ROSIE'S COUNTRY KITCHEN, LLP); HOSHIAR GREWAL,SANDEEP SINGH and GURDIP KANDOLA, dba ROSIE'S COUNTRY KITCHEN, BABIR OJLA and MOHAN GIL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GUY JONES, Plaintiff, v. ROSIE'S COUNTRY KITCHEN, LLP; HOSHIAR GREWAL, SANDEEP SINGH, and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN; BABIR OJLA; MOHAN GILL; and DOES 1-10, Inclusive, Defendants. 1. Plaintiff GUY JONES filed a Complaint in this
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CASE NO. 2:09-CV-00913 WBS/KJM Civil Rights CONSENT DECREE and [PROPOSED] ORDER

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

action on April 3, 2009, to obtain recovery of damages for his discriminatory experiences, denial of access, and denial of his civil rights, and to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 et seq., and California civil rights laws against Defendants ROSIE'S COUNTRY KITCHEN, LLC, (incorrectly sued herein as ROSIE'S COUNTRY KITCHEN, LLP); HOSHIAR GREWAL, SANDEEP SINGH and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN, BABIR OJLA and MOHAN GIL, relating to the condition of their public accommodations as of Plaintiff's visit on or about January 23, 2009, and continuing. Plaintiff has alleged that Defendants violated Title III of the ADA and sections 51, 52, 54, 54.1, 54.3 and 55 of the California Civil Code, and sections 19955 et seq. of the California Health & Safety Code by failing to provide full and equal access to their facilities at Rosie's Country Kitchen restaurant, located at 10273 Folsom Blvd., Rancho Cordova, California. 2. Defendants ROSIE'S COUNTRY KITCHEN, LLC, (incorrectly sued herein as ROSIE'S COUNTRY KITCHEN, LLP); HOSHIAR GREWAL, SANDEEP SINGH and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN, BABIR OJLA and MOHAN GIL deny the allegations in the Complaint and by entering into this Consent Decree and Order do not admit liability to any of the allegations in Plaintiff's Complaint filed in this action. The parties hereby enter into this
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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Consent Decree and Order for the purpose of resolving this lawsuit without the JURISDICTION: 3. The parties to this Consent Decree agree that the Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1331 for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. and pursuant to supplemental jurisdiction for alleged violations of California Health & Safety Code §§ 19955 et seq.; Title 24, California Code of Regulations; and California Civil Code §§ 51, 52, 54, 54.1, 54.3, and 55. 4. In order 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 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. WHEREFORE, the parties to this Consent Decree hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows: SETTLEMENT OF INJUNCTIVE RELIEF: 5. This Order shall be a full, complete, and final disposition and settlement of Plaintiff's claims against
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protracted litigation and

without the admission of any liability.

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Defendants for injunctive relief 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. 6. The parties agree and stipulate that the corrective work will be performed in compliance with the standards and specifications for disabled access as set forth in the California Code of Regulations, Title 24-2, and Americans with Disabilities other standards Act are Accessibility specifically Guidelines, a) unless

agreed to in this Consent Decree and Order. Remedial Measures: (1) Defendants agree to perform corrective work at Rosie's Country Kitchen, 10273 Folsom Blvd, Rancho Cordova, California. The scope of the corrective work agreed upon by the parties is detailed in the report of Peter Margen dated October 22, 2009, attached here to as Attachment A. b) Defendants agree to undertake all of For work the remedial work set forth therein. Timing of Injunctive Relief: requiring permits, defendants will submit plans for all corrective work to the appropriate governmental agencies within 30 days of the entry of this consent decree by the Court. Defendants will commence work within 30 days of approval from the
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receiving

appropriate

agencies.

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Defendants will complete the work within 30 days of commencement. For work not requiring building permits, In the event the work will be completed within 60 days of entry of this Consent Decree and Order by the Court. that unforeseen difficulties prevent Defendants from completing any of the agreed-upon injunctive relief, Defendants delay. or their counsel or their the will notify Plaintiff's will notify work is counsel in writing within 15 days of discovering the Defendants counsel counsel Plaintiff's when corrective

completed, and in any case will provide a status report no later than 120 days from the entry of this Consent Decree. All work shall be completed by Defendants within six months of entry of this Consent Decree. DAMAGES, ATTORNEY FEES, LITIGATION EXPENSES AND COSTS: 7. The parties have reached an agreement regarding Defendants will collectively pay the This Plaintiff's claims for damages, attorney fees, litigation expenses and costs. amount of $35,000 on or before December 17, 2009.

payment shall be in full satisfaction of Plaintiff's claims for all damages including personal injury, civil rights, and all other forms of damages, and all attorney fees, litigation expenses, and costs. Jones" ENTIRE CONSENT ORDER:
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Payments shall be

made by check payable to "Paul L. Rein in trust for Guy

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

8.

This Consent Decree and Order and Attachment A to as if fully set forth in this document, signing

this Consent Decree, which is incorporated herein by reference constitute the entire agreement between the

parties on the matters of injunctive relief, 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 of injunctive relief described herein. CONSENT ORDER INTEREST: 9. Plaintiff GUY BINDING ON PARTIES AND SUCCESSORS IN

This Consent Decree and Order shall be binding on JONES ; Defendants ROSIE'S COUNTRY

KITCHEN, LLC, (incorrectly sued herein as ROSIE'S COUNTRY KITCHEN, LLP); HOSHIAR GREWAL, SANDEEP SINGH and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN, BABIR OJLA and MOHAN GIL; and any successors in interest. The parties have a

duty to so notify all such successors in 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. MUTUAL RELEASE AND WAIVER OF CIVIL CODE SECTION 1542 AS TO INJUNCTIVE RELIEF ONLY: 10. Each of the parties
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to

this

Consent

Decree

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

understands

and

agrees

that

there

is

a

risk

and

possibility that, subsequent to the execution of this Consent Decree, any or all of them will incur, suffer or experience some further loss or damage with respect to the lawsuit which are unknown or unanticipated at the time this Consent Decree is signed. Except for all obligations required in this Consent Decree, the parties intend that this Consent Decree apply to all such further loss with respect to the lawsuit, except those caused by the parties subsequent to the execution of this Consent Decree. Therefore, except for all obligations required in this Consent Decree, this Consent Decree shall apply to and cover any and all claims, demands, actions and causes of action by the parties to this Consent Decree with respect to the lawsuit, whether the same are known, unknown or hereafter discovered or ascertained, and the provisions of Section 1542 of the California Civil Code are hereby expressly waived. follows: Section 1542 provides as

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 SETTLEMENT WITH THE DEBTOR. This waiver applies to the injunctive relief aspects of this action only and does not include resolution of
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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Plaintiff's claims for damages, attorney fees, litigation expenses and costs. 11. Except for all obligations required in this Consent Decree, each of the parties to this Consent Decree, on behalf of each, their respective agents, representatives, each other predecessors, and all parent insurance successors, officers, joint companies, heirs, partners and assigns, releases and forever discharges Party directors, venturers, employees, heirs, shareholders, stockholders, agents, subsidiaries, partners,

attorneys,

carriers,

predecessors, and representatives of each other Party, from all claims, demands, actions, and causes of action of whatever kind or nature, presently known or unknown, arising out of or in any way connected with the lawsuit. TERM OF THE CONSENT DECREE AND ORDER: 12. This Consent Decree and Order shall be in full force and effect for a period of twelve (12) months after the date of entry of this Consent Decree and Order, or until the injunctive relief contemplated by this Order is completed, whichever occurs later. The Court shall retain jurisdiction of this action to enforce provisions of this Order for twelve (12) months after the date of this Consent Decree, or until the injunctive relief contemplated by this Order is completed, whichever occurs
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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

later. SEVERABILITY: 13. 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. SIGNATORIES BIND PARTIES: 14. 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 signature shall have the same force and effect as an original signature.
Dated: December 17, 2009 PLAINTIFF GUY JONES

__/s/ _________________ GUY JONES

Dated: December 10 2009

ROSIE'S COUNTRY KITCHEN, LLC, (incorrectly sued herein as ROSIE'S COUNTRY KITCHEN, LLP)

By:__/s/ Gurdip Kandola Dated: December 12,2009

_

DEFENDANTS HOSHIAR GREWAL, SANDEEP SINGH and GURDIP KANDOLA dba ROSIE'S COUNTRY KITCHEN

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Dated: December 12, 2009,

/s/ __________________ HOSHIAR GREWAL

Dated: December 12, 2009

/s/ __________________ SANDEEP SINGH

Dated: December 10, 2009

/s/ __________________ GURDIP KANDOLA

Dated: December 10, 2009

/s/__________________ BABIR OJLA

Dated: December 10, 2009

/s/__________________ MOHAN GIL

APPROVED AS TO FORM: Dated: December 15, 2009 PAUL L. REIN CELIA McGUINNESS LAW OFFICES OF PAUL L. REIN

By: ____/s/ Paul L Rein__________ Attorneys for Plaintiff GUY JONES

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]

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LAW OFFICES OF

Dated: December 14, 2009 CRIS C. VAUGHAN, Esq. Vaughan & Associates

By: /s/ Cris Vaughan Attorneys for all Defendants

ORDER
Pursuant to stipulation, and for good cause shown, IT IS SO ORDERED.

Dated:

January 4, 2010

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PAUL L. REIN

200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 [phone]