Arnold v. County of Sacramento et al

Filing 43

ORDER re 42 Consent Decree signed by Judge Lawrence K. Karlton on 7/10/2013. The concurrently filed Stipulated Consent Decree for Settlement of plaintiff's Injunctive Relief claims only as to defendant Sunrise Recreation & Park District is ORDERED and shall be binding on plaintiff Connie Arnold and defendant Sunrise Recreation & Park District and any successors in interest.Court shall retain jurisdiction of action to enforce provisions of Consent Decree and Order. Sunrise Recreation & Park District is hereby TERMINATED from action. (Attachments: # 1 Consent Decree, # 2 Attachment A) (Marciel, M)

1
2
3
4
5
6

JEFF A. HARRISON (SBN 151227)
[e-mail]
MARY J. LIM (SBN 272170)
[e-mail]
METZ & HARRISON, LLP
139 Richmond Street
El Segundo, California 90245
Tel: [phone]
Fax: [phone]

7

Attorneys for Plaintiff, CONNIE ARNOLD

8

(Appearances continued on next page.)

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

CONNIE ARNOLD

13

Plaintiff,

14
15

vs.

16

COUNTY OF SACRAMENTO;
SACRAMENTO PUBLIC LIBRARY
AUTHORITY; SUNRISE
RECREATION & PARK DISTRICT;
and DOES 1 through 50, inclusive,

17
18
19
20
21
22
23
24

Defendants.

) Case No.: 2:12-CV-01998-LKK-EFB
)
Civil Rights
)
)
)
) CONSENT DECREE AND ORDER
) FOR SETTLEMENT OF
) PLAINTIFF’S INJUNCTIVE RELIEF
) CLAIMS ONLY AS TO DEFENDANT
) SUNRISE RECREATION & PARK
) DISTRICT
)
)
)
)
)
)
)
)

25
26
27
28
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
1

1
2
3
4
5
6

MARK F. HAZELWOOD (SBN 136521)
[e-mail]
DIRK D. LARSEN (SBN 246028)
[e-mail]
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Tel: [phone]
Fax: [phone]

7
8

Attorneys for Defendant SUNRISE RECREATION & PARK DISTRICT

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
2

1
2

CONSENT DECREE AND ORDER
1.

Plaintiff CONNIE ARNOLD (“Plaintiff”) filed a First Amended

3

Complaint (“Complaint”) in this action on August 27, 2012 to enforce provisions of

4

the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq.;

5

Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794; Cal.

6

Civ. Code § 54 et seq.; and Cal. Gov’t Code §§ 4450 et seq. and 11135 et seq.,

7

against Defendants COUNTY OF SACRAMENTO (“COUNTY”); SACRAMENTO

8

PUBLIC LIBRARY AUTHORITY (“SPLA”); and SUNRISE RECREATION &

9

PARK DISTRICT (“SRPD”) (collectively, “Defendants”). This Consent Decree and

10

Order relates to resolution of Plaintiff’s claims for injunctive relief only against

11

Defendant SRPD only.

12

2.

Plaintiff has alleged that Defendant SRPD violated Title II of the ADA,

13

Section 504, and California civil rights laws and statutes by failing to provide full and

14

equal access to its programs, services, and activities offered at Crosswoods Park

15

(“Park”), which is located at 6742 Auburn Boulevard, Citrus Heights, California

16

95621. Defendant SRPD and Plaintiff (collectively, “Parties” hereafter) now seek to

17

settle all of Plaintiff’s claims for injunctive relief as to the barriers at the Park and

18

agree that the terms of this Consent Decree and Order will satisfy all of Plaintiff’s

19

claims for injunctive relief only against Defendant SRPD as set forth in her

20

Complaint in this matter.

21

3.

Defendant SRPD answered the allegations of the Complaint with a

22

number of denials and affirmative defenses, and have not waived and do not waive

23

the same by entering into this Consent Decree. As such, nothing stated within this

24

Consent Decree nor the fact of this consent decree shall be construed as an admission

25

of any of the claims or of Plaintiff’s allegations in her Complaint. Defendant SRPD

26

maintains its denial of the allegations in the Complaint filed by Plaintiff and does not

27

admit liability or responsibility as the Parties hereby enter into this Consent Decree

28

for the purpose of entering into an early settlement of all of Plaintiff’s claims for
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
3

1

injunctive relief as to SRPD as set forth in her Complaint without the need for

2

protracted litigation.

3

JURISDICTION

4

4.

The Parties to this Consent Decree agree that the Court has jurisdiction

5

of this matter pursuant to 28 U.S.C. § 1331 for alleged violations of the Americans

6

with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and Section 504 of the

7

Rehabilitation Act of 1973, 29 U.S.C. § 794, and pursuant to supplemental

8

jurisdiction under § 1367(a) for alleged violations of California civil rights laws and

9

regulations that have been pled in the Complaint.

10

5.

The Parties to this Consent Decree agree to entry of this Order to resolve

11

all of Plaintiff’s claims for injunctive relief as to SRPD raised in the Complaint filed

12

with the Court in this matter. Accordingly, the Parties stipulate to the entry of this

13

Order without trial or adjudication of any issues and as full resolution of Plaintiff’s

14

claims for injunctive relief only as to SRPD with respect to the condition of the

15

subject property prior to completion of its modification pursuant to this Consent

16

Decree.

17

WHEREFORE, the Parties to this Consent Decree hereby agree and stipulate to

18

the Court’s entry of this Consent Decree and Order, which provides as follows:

19

SETTLEMENT OF PLAINTIFF’S CLAIMS FOR INJUNCTIVE RELIEF AS

20

TO DEFENDANT SRPD ONLY:

21

6.

The Parties have reached an agreement regarding Plaintiff’s claims for

22

injunctive relief as to SRPD. Attached as Attachment A are all of the terms of the

23

settlement for injunctive relief as agreed to between the Parties. Said Attachment is

24

hereby incorporated by reference as if fully set forth as the full and complete

25

agreement between the Parties for settlement of all of Plaintiff’s claims for injunctive

26

relief as to SRPD as requested in Plaintiff’s Complaint. All recommendations

27

indicated on Attachment A are to be completed in accordance with the following

28

provisions:
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
4

1

a. Within six (6) months of Defendant SRPD’s signing of the Consent

2

Decree, SRPD agrees to make the modifications to Item Nos. 1.014 –

3

1.021; 1.023; 2.001 – 2.023; and 4.003 – 4.010.

4

b. Within nine (9) months of Defendant SRPD’s signing of the Consent

5

Decree, SRPD agrees to make the modifications to Item Nos. 1.001 –

6

1.010 and 3.001.

7

c. Within twenty-four (24) months of Defendant SRPD’s signing of the

8

Consent Decree, SRPD agrees to make the modifications to Item Nos.

9

1.011 – 1.013; 1.022; and 1.028 – 1.032.

10

7.

Upon completion of the items in Attachment A, Defendant SRPD shall

11

advise Plaintiff in writing that all items have been completed. Plaintiff shall then

12

have the right to complete an inspection of the subject property by Plaintiff’s

13

representative and at Plaintiff’s own expense within forty-five (45) days of being

14

provided notice of completion by Defendant SRPD. In the event that Plaintiff

15

believes that Defendant SRPD has not complied with the terms of this Consent

16

Decree and Order, Plaintiff’s counsel will inform Defendant SRPD’s counsel of the

17

alleged breach, and allow for thirty (30) days to negotiate a resolution. A motion to

18

compel enforcement may be filed in the event that the Parties are unable to resolve

19

the alleged breach of the terms of the Consent Decree and Order. Plaintiff will be

20

entitled to reasonable attorneys’ fees if Plaintiff is forced to file a motion to enforce

21

the terms of the Consent Decree.

22

8.

Plaintiff and Defendant SRPD have not reached an agreement to settle

23

Plaintiff’s claims for monetary relief, including attorneys’ fees, and litigation

24

expenses and costs, which the Parties agree will be resolved by way of negotiated

25

settlement, motion, or trial.

26

ENTIRE CONSENT ORDER:

27
28

9.

This Consent Decree and Order constitutes the entire agreement between

the signing parties on the matter of Plaintiff’s claims for injunctive relief against
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
5

1

SRPD, and no other statement, promise, or agreement, either written or oral, made by

2

any of the parties or agents of any of the parties, that is not contained in this written

3

Consent Decree, shall be enforceable regarding Plaintiff’s claims for injunctive relief

4

against SRPD.

5

CONSENT ORDER BINDING ON PARTIES AND SUCCESSORS IN

6

INTEREST:

7

10.

This Consent Decree and Order shall be binding on Plaintiff CONNIE

8

ARNOLD and Defendant SUNRISE RECREATION & PARK DISTRICT and any

9

successors in interest. The Parties have a duty to so notify all such successors in

10

interest of the existence and terms of this Consent Decree and Order during the period

11

of the Court’s jurisdiction of this Consent Decree and Order.

12

MUTUAL RELEASE AND WAIVER BETWEEN PLAINTIFF AND

13

DEFENDANT SRPD OF CIVIL CODE § 1542 AS TO PLAINTIFF’S CLAIMS

14

FOR INJUNCTIVE RELIEF ONLY:

15

11.

Except for all obligations required in this Consent Decree and any fees

16

and costs incurred by filing a motion to enforce this Consent Decree, Plaintiff, on

17

behalf of herself, her respective agents, attorneys, representatives, predecessors,

18

successors, heirs, partners and assigns, releases and forever discharges Defendant

19

SRPD and all its franchisors, franchisees, partners, managers, employees, joint

20

ventures, successors, heirs, assigns, directors, shareholders, subsidiaries,

21

stockholders, parent companies, officers, board members, employees, agents,

22

attorneys, insurers insurance carriers, predecessors, and representatives of each other

23

Party, from all claims and causes of action of whatever kind or nature, presently

24

known or unknown, arising out of or in any way connected with Plaintiff’s claims for

25

injunctive relief against Defendant SRPD in the lawsuit and the incidents alleged

26

therein with respect to injunctive relief only for the physical condition of the subject

27

property prior to completion of its modification pursuant to this Consent Decree

28

including its accessibility, whether or not addressed in the lawsuit.
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
6

1

12.

Except for all obligations required in this Consent Decree, and any fees

2

and costs incurred by filing a motion to enforce this Consent Decree, Defendant

3

SRPD and its franchisors, franchisees, partners, managers, employees, joint ventures,

4

successors, heirs, assigns, directors, shareholders, subsidiaries, stockholders, parent

5

companies, officers, board members, employees, agents, attorneys, insurers insurance

6

carriers, predecessors, and representatives, releases and forever discharges Plaintiff

7

and her respective agents, attorneys, representatives, predecessors, successors, heirs,

8

partners and assigns, from all claims and causes of action of whatever kind or nature,

9

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

10

claims for injunctive relief against Defendant SRPD in the lawsuit, the incidents

11

alleged therein, with respect to injunctive relief only for the physical condition of the

12

property prior to completion of its modification pursuant to this Consent Decree

13

including its accessibility, whether or not addressed in the lawsuit.

14

13.

The Parties understand and agree that there is a risk and possibility that,

15

subsequent to the execution of this Consent Decree, any or all of them will incur,

16

suffer, or experience some further loss or damage with respect to the lawsuit which

17

are unknown or unanticipated at the time this Consent Decree is signed. Except for

18

all obligations required in this Consent Decree between Plaintiff and Defendant

19

SRPD and all obligations between or amongst the Defendants, the Parties intend that

20

this Consent Decree apply to all conditions that existed at the subject facilities.

21

Therefore, except for all such obligations required in this Consent Decree between

22

Plaintiff and Defendant SRPD and all obligations between or amongst the

23

Defendants, this Consent Decree shall apply to and cover any and all claims,

24

demands, actions and causes of action by the Parties to this Consent Decree with

25

respect to the injunctive relief issues in the lawsuit against Defendant SRPD and the

26

current condition of the Park and any or all improvements thereon, whether the same

27

are known, unknown or hereafter discovered or ascertained, and the provisions of §

28

1542 of the California Civil Code are hereby expressly waived. Section 1542
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
7

1
2
3
4
5
6

provides as follows:
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 OR HER SETTLEMENT WITH THE
DEBTOR.

7
8
9

TERM OF THE CONSENT DECREE AND ORDER:
14.

This Consent Decree shall be in full force and effect as described herein

10

and in Attachment A. The Court shall retain jurisdiction for the purpose of

11

enforcing provisions of this Consent Decree until the terms of this Consent Decree

12

and Order are satisfactorily completed.

13

SEVERABILITY:

14

15.

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

15

to be unenforceable, the other terms of this Consent Decree and Order shall

16

nonetheless remain in full force and effect.

17

SIGNATORIES BIND PARTIES:

18

16.

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

19

to bind the Parties to this Consent Decree. This Consent Decree may be signed in

20

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

21

original signature.

22
23

APPROVED AS TO FORM AND CONTENT:

24
25

Dated: June 28, 2013

By:

/s/- Connie Arnold*
Plaintiff CONNIE ARNOLD

26
27
28
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
8

1

///
Defendant SUNRISE RECREATION &
PARK DISTRICT

2
3
4

Dated: June 18, 2013

5

By:

/s/- Dave Mitchell**
Its:

Dave Mitchell, District Administrator

6
7
8

APPROVED AS TO FORM ONLY:

9
10

Dated: July 01, 2013

METZ & HARRISON, LLP

11
12

By:

13
14
15

/s/- Mary J. Lim
JEFF A. HARRISON
MARY J. LIM
Attorneys for Plaintiff, CONNIE ARNOLD

16
17

Dated: June 24, 2013

LOW, BALL & LYNCH

18
19

By:

20
21
22

/s/-Mark F. Hazelwood (as authorized on 6.24.13)
MARK F. HAZELWOOD
DIRK D. LARSEN
Attorneys for Defendant SUNRISE
RECREATION & PARK DISTRICT

23
24
25

*
**

Original signature retained by Metz & Harrison, LLP
Original signature retained by Low, Ball & Lynch

26
27
28
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANT SUNRISE RECREATION & PARK DISTRICT
Case No. 2:12-CV-01998-LKK-EFB
9