Saenz-Payne v. State of California et al

Filing 43

SETTLEMENT AGREEMENT AND ORDER signed by Magistrate Judge Dale A. Drozd on 9/26/11 ORDERING that this Order shall be a full, complete, and final disposition and settlement of Pltf's claims against Dfts. The parties agree that there has been no a dmission or finding of liability for any claim in this Action, and this Settlement Agreement and Order shall not be construed as such; the parties agree and stipulate that the agreed-upon modifications will be performed in compliance with the standar ds and specifications for disabled access as set forth in the CA Code of Reg., Title 24-2, and the ADA Accessibility Guidelines, unless other standards are specifically agreed to in this Settlement Agreement and Order. The parties have reached an agr eement as to pltf's damages, atty fees, litigation expenses and costs. Dfts shall pay $96,300 as full and final resolution of Pltf's claims for all statutory, actual, and PI damages, including, but not limited to, general, compensatory, and special damages, atty fees, litigation expenses and costs. CASE CLOSED. (Becknal, R)

1
2
3
4
5
6

PAUL L. REIN, Esq. (SBN 43053)
CELIA McGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO, Esq. (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Dr., Suite A
Oakland, CA 94612
Tel. [phone]
Fax [phone]
[e-mail]
Attorneys for Plaintiff
DERRICK SAENZ-PAYNE

7
8
9
10
11
12
13
14

KAMALA D. HARRIS, Esq. (SBN 146672)
Attorney General of California
DAVID A. CARRASCO, Esq. (SBN 160460)
Supervising Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants: High Desert State Prison,
Department of Corrections and Rehabilitation, State
of California, and California Correctional Center

15
16
17

IN THE UNITED STATES DISTRICT COURT

18

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

19

DERRICK SAENZ-PAYNE,

20

CASE NO. 2:10-cv-01455 MCE-EFB
Civil Rights

Plaintiff,

21
22
23
24
25
26
27

SETTLEMENT AGREEMENT
AND ORDER

v.
STATE OF CALIFORNIA;
CALIFORNIA DEPARTMENT OF
CORRECTIONS; CALIFORNIA
CORRECTIONS CENTER; HIGH
DESERT STATE PRISON; and
DOES 1-10, Inclusive,
Defendants.

/

28
L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-1-

1

1.

Plaintiff DERRICK SAENZ-PAYNE filed a First Amended Complaint in

2

this action on July 9, 2010, to obtain recovery of damages for his alleged

3

discriminatory experiences, denial of access, and denial of his civil rights,

4

and to enforce provisions of the Americans with Disabilities Act of 1990

5

(“ADA”), 42 U.S.C. sections 12101 et seq., and California civil rights laws

6

against Defendants STATE OF CALIFORNIA; CALIFORNIA

7

DEPARTMENT OF CORRECTIONS; CALIFORNIA CORRECTIONS

8

CENTER; and HIGH DESERT STATE PRISON relating to the condition

9

of their public accommodations as of April 11, 2009, and continuing.

10

Plaintiff has alleged that Defendants violated Title II of the ADA;

11

California Civil Code sections 51, 52, 54, 54.1, 54.3 and 55; California

12

Health & Safety Code section 11135; and California Government Code

13

section 4450 et seq. by failing to provide full and equal access to their

14

programs, services and activities at the public visiting areas of High Desert

15

State Prison and the California Corrections Center, located at Susanville,

16

California.

17

2.

Defendants STATE OF CALIFORNIA; CALIFORNIA DEPARTMENT

18

OF CORRECTIONS; CALIFORNIA CORRECTIONS CENTER; and

19

HIGH DESERT STATE PRISON deny the allegations in the Complaint

20

and by entering into this Settlement Agreement and [Proposed] Order do

21

not admit liability to any of the allegations in Plaintiff’s Complaint filed in

22

this action. Plaintiff DERRICK SAENZ-PAYNE and defendants STATE

23

OF CALIFORNIA; CALIFORNIA DEPARTMENT OF CORRECTIONS;

24

CALIFORNIA CORRECTIONS CENTER; and HIGH DESERT STATE

25

PRISON , hereinafter collectively, “the parties,” hereby enter into this

26

Settlement Agreement and [Proposed] Order for the purpose of resolving

27

this lawsuit without the need for protracted litigation and without the

28

admission of any liability.

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-2-

1

JURISDICTION:

2

3.

The parties to this Settlement Agreement and [Proposed] Order agree that

3

the Court has jurisdiction of this matter pursuant to 28 U.S.C. section 1331

4

for alleged violations of the Americans with Disabilities Act of 1990, 42

5

U.S.C. sections 12101 et seq., and pursuant to supplemental jurisdiction

6

for alleged violations of California law.

7

4.

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

8

litigation, the parties to this Settlement Agreement and [Proposed] Order

9

agree to entry of this Settlement Agreement to resolve all claims raised in

10

the Complaint filed with this Court. Accordingly, they agree to the entry

11

of this Settlement Agreement and [Proposed] Order without trial or further

12

adjudication of any issues of fact or law.

13

WHEREFORE, the parties agree and stipulate to the Court’s entry of this

14
15

Settlement Agreement and [Proposed] Order, which provides as follows:

16
17

SETTLEMENT OF INJUNCTIVE RELIEF:

18

5.

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

19

Plaintiff’s claims against Defendants. The parties agree that there has been

20

no admission or finding of liability for any claim in this Action, and this

21

Settlement Agreement and [Proposed] Order shall not be construed as

22

such.

23

6.

The parties agree and stipulate that the agreed-upon modifications will be

24

performed in compliance with the standards and specifications for disabled

25

access as set forth in the California Code of Regulations, Title 24-2, and

26

the Americans with Disabilities Act Accessibility Guidelines, unless other

27

standards are specifically agreed to in this Settlement Agreement and

28

[Proposed] Order.

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-3-

1

7.

Modifications: Defendants agree to perform modifications at High Desert

2

State Prison (HDSP) and California Corrections Center (CCC), both

3

located at Susanville, California. For High Desert State Prison, defendants

4

will complete all the recommendations delineated in the “Survey, Report

5

and Recommendations for High Desert State Prison” by Peter Margen,

6

dated January 17, 2011, and incorporated herewith by reference as

7

Attachment A. For California Correctional Center, defendants will

8

complete all the recommendations delineated in the “Survey, Report and

9

Recommendations for California Correctional Center” by Peter Margen,

10

dated January 17, 2011, and incorporated herewith by reference as

11

Attachment B. Defendants agree to institute written policies for both

12

prisons as delineated in Attachment C, incorporated herewith by

13

reference.

14
15

8.

Timing of Injunctive Relief:
a.

All modifications identified in Paragraph 7 will be completed no

16

later than September 30, 2013, except for the items delineated in

17

Attachment D, incorporated herewith by reference. The items in

18

Attachment D will be completed within 30 days of defendants

19

signing this Settlement Agreement.

20

b.

In the event that unforeseen difficulties prevent Defendants from

21

completing any of the agreed-upon injunctive relief within the

22

designated time frame, Defendants or their counsel will notify

23

Plaintiff’s counsel in writing within 15 days of discovering the

24

delay.

25

c.

Policies as outlined in Attachment C, incorporated herewith by

26

reference, will be implemented within 30 days of the signing of this

27

Settlement Agreement. All current employees whose duties are

28

affected by the policies will be trained within 21 days of

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-4-

1

implementing the policies. All employees hired after the

2

implementation date will be trained in these policies within 21 days

3

of hiring.

4

9.

Monitoring: Defendants or their counsel will notify Plaintiff’s counsel

5

when the modifications are completed, and in any case will provide a

6

status report no later than 45 days from the entry of this Settlement

7

Agreement and [Proposed] Order and every 180 days until corrective work

8

is complete. Upon notifying plaintiff that the work has been completed,

9

defendants will cooperate with plaintiff’s counsel in arranging for a review

10

of the facilities by Peter Margen within a reasonable time period. Attorney

11

fees for enforcement of injunctive relief will not accrue during the

12

monitoring period. Defendants will not be charged for Peter Margen’s

13

facilities review under this paragraph.

14
15

DAMAGES AND ATTORNEY FEES, LITIGATION EXPENSES AND
COSTS:

16
17

10.

The parties have reached an agreement as to plaintiff’s damages, attorney

18

fees, litigation expenses and costs. Defendants shall pay $ 96,300 as full

19

and final resolution of Plaintiff’s claims for all statutory, actual, and

20

personal injury damages, including, but not limited to, general,

21

compensatory, and special damages, attorney fees, litigation expenses and

22

costs. Payment shall be made by one check made payable to “Paul L. Rein

23

in Trust for DERRICK SAENZ-PAYNE.” Payment shall be received at

24

the Law Offices of Paul L. Rein, 200 Lakeside Drive, Suite A, Oakland,

25

CA 94612 no later than November 28, 2011. If payment is not received by

26

November 28, 2011, the Court will issue an Order to Show Cause Re:

27

Contempt as delineated in paragraph 12, below. Upon receipt of (1) the

28

executed Settlement Agreement and Order and (2) a fully completed Payee

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-5-

1

Data Record Form (collectively referred to as "closing documents"),

2

CDCR shall use reasonable efforts to process the necessary paperwork in

3

order to procure a check for payment of the settlement amount. While

4

CDCR will attempt to make the settlement payment as soon as practicable,

5

the parties understand that this payment can take up to 180 days because of

6

contingencies such as funding, including the absence of a state budget; a

7

funding shortfall despite the presence of a state budget; delays within the

8

State Controller's Office and other additional delays due to no fault on the

9

part of CDCR. Unless otherwise ordered by the Court, no interest shall

10

accrue or be paid on any sum made payable under the terms of this

11

settlement agreement.

12
13

ENFORCEMENT:

14

11.

Except for payment of damages and fees outlined in paragraph 12 below, if

15

any party believes that another party has failed to fulfill any obligation

16

under this Settlement Agreement, the Party shall, prior to initiating any

17

court proceeding to remedy such failure, give written notice of the failure

18

to the lead counsel of record for the other Party and attempt in good faith

19

to resolve any such failure. The parties shall negotiate for not less than 60

20

days after receiving written notice and attempt to resolve their differences

21

in good faith, before any court action is initiated.

22

12.

Should defendants fail to pay the damages, attorney fees, litigation

23

expenses and costs by November 28, 2011, the Court will issue an Order to

24

Show Cause re: Contempt, requiring a CDCR representative at Deputy

25

Warden level or higher to personally appear and explain why the payment

26

has not been made. At the hearing on the OSC the Court will also

27

entertain an oral motion from plaintiff’s counsel for compensation for their

28

attorney fees, litigation expenses and costs incurred in attending the

L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-6-

hearing.

1
2

13.

All motions for enforcement of the terms of this Agreement shall be heard
by Magistrate Judge Dale A. Drozd.

3
4
5

ENTIRE SETTLEMENT AGREEMENT AND [PROPOSED] ORDER:

6

14.

This Settlement Agreement and [Proposed] Order and Attachments A

7

through D to this Settlement Agreement and [Proposed] Order, which are

8

incorporated herein by reference as if fully set forth in this document,

9

constitute the entire agreement between the signing parties on the matters

10

of injunctive relief, damages, attorney fees, litigation expenses and costs.

11
12

SETTLEMENT AGREEMENT AND [PROPOSED] ORDER BINDING ON
PARTIES AND SUCCESSORS IN INTEREST:

13
14

15.

This Settlement Agreement and [Proposed] Order shall be binding on the

15

parties and all successors in interest. The parties have a duty to notify all

16

such successors in interest of the existence and terms of this Settlement

17

Agreement and [Proposed] Order during the period of the Court’s

18

jurisdiction of this Settlement Agreement and [Proposed] Order.

19
20
21
22
23
24
25
26
27

MUTUAL RELEASE AND WAIVER OF CIVIL CODE SECTION 1542:
16.

Each of the parties to this Settlement Agreement and [Proposed] Order
understands and agrees that there is a risk and possibility that, subsequent
to the execution of this Settlement Agreement and [Proposed] Order, 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 Settlement Agreement and [Proposed] Order is signed. Except for all
obligations required in this Settlement Agreement and [Proposed] Order,

28
L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-7-

1

the parties intend that this Settlement Agreement apply to all such further

2

loss with respect to the lawsuit, except those caused by the parties

3

subsequent to the execution of this Settlement Agreement and [Proposed]

4

Order. Therefore, except for all obligations required in this Settlement

5

Agreement and [Proposed] Order, this Settlement Agreement and

6

[Proposed] Order shall apply to and cover any and all claims, demands,

7

actions and causes of action by the parties to this Settlement Agreement

8

and [Proposed] Order with respect to the lawsuit, whether the same are

9

known, unknown or hereafter discovered or ascertained, and the provisions

10

of Section 1542 of the California Civil Code are hereby expressly waived.

11

Section 1542 provides as follows:

12

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.

13
14
15
16

17.

Except for all obligations required in this Settlement Agreement and

17

[Proposed] Order, each of the parties to this Settlement Agreement and

18

[Proposed] Order, on behalf of each, their respective agents,

19

representatives, predecessors, successors, heirs, partners and assigns,

20

releases and forever discharges each other Party and all officers, directors,

21

shareholders, subsidiaries, joint venturers, stockholders, partners, parent

22

companies, employees, agents, attorneys, insurance carriers, heirs,

23

predecessors, and representatives of each other Party, from all claims,

24

demands, actions, and causes of action of whatever kind or nature,

25

presently known or unknown, arising out of or in any way connected with

26

the lawsuit.

27
28
L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-8-

1

TERM OF THE SETTLEMENT AGREEMENT AND [PROPOSED]

2

ORDER:

3

18.

This Settlement Agreement and [Proposed] Order shall be in full force and

4

effect for a period of six years after the date of entry of this Settlement

5

Agreement and [Proposed] Order.

6
7

SEVERABILITY:

8

19.

If any term of this Settlement Agreement and [Proposed] Order is
determined by any court to be unenforceable, the other terms of this

9
10

Settlement Agreement and [Proposed] Order shall nonetheless remain in

11

full force and effect.

12
13

SIGNATORIES BIND PARTIES:

14

20.

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

15

bind the parties to this Settlement Agreement and [Proposed] Order. This

16

Settlement Agreement and [Proposed] Order may be signed in counterparts

17

and a facsimile signature shall have the same force and effect as an

18

original signature.

19
20

Dated: August 10, 2011 PLAINTIFF DERRICK SAENZ-PAYNE

21
22

/s/
DERRICK SAENZ-PAYNE

23
24

Dated: July 27, 2011

DEFENDANT STATE OF CALIFORNIA

25

By:

26

/s/
(Print name: _______________________)

27
28
L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-9-

1

Dated: July 27, 2011

DEFENDANT CALIFORNIA DEPARTMENT OF
CORRECTIONS

2

By:

3

/s/
(Print name: _______________________)

4
5
6

Dated: July 27, 2011

DEFENDANT CALIFORNIA CORRECTIONS
CENTER

7

By:

8

(Print name: _______________________)

9
10

/s/

Dated: July 25, 2011

DEFENDANT HIGH DESERT STATE PRISON

11

By:

12

/s/
(Print name: _______________________)

13
14

APPROVED AS TO FORM:

15

Dated: August 10, 2011

16
17

PAUL L. REIN
CELIA McGUINNESS
CAT CABALO
LAW OFFICES OF PAUL L. REIN

18

By:
/s/
Attorneys for Plaintiff
DERRICK SAENZ-PAYNE

19
20
21

DATED: July 27, 2011

22
23
24

KAMALA D. HARRIS
Attorney General of California
DAVID A. CARRASCO
Supervising Deputy Attorney General
/s/
DAVID A. CARRASCO
Supervising Deputy Attorney General
Attorneys for Defendants
High Desert State Prison, Department of
Corrections and Rehabilitation, State of
California, and California Correctional Center

25
26
27
28
L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-10-

ORDER

1
2

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

3
DATED: September 26, 2011.
4
5
6
7
Ddad1\orders.civil\saenz-payne1455.stipord.settagr

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
L A W O F F IC E S O F

PAUL L. REIN
200 L A K E S ID E D R ., S U IT E A
O A K L A N D , C A 94612-3503
[phone]

SETTLEMENT AGREEMENT AND ORDER
CASE NO. 2:10-cv-01455 MCE-EFB

-11-