Arnold v. County of Sacramento et al

Filing 44

CONSENT DECREE and Order for Settlement of Plaintiff's Injunctive Relief Claims Only as to Defendants County of Sacramento and Sacramento Public Library Authority by Connie Arnold. (Attachments: # 1 Attachment A, # 2 Proposed Order)(Lim, Mary) Modified on 8/8/2013 (Kastilahn, A).

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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]

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Attorneys for Plaintiff, CONNIE ARNOLD

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(Appearances continued on next page.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONNIE ARNOLD

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Plaintiff,

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vs.

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

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Defendants.

) Case No.: 2:12-CV-01998-LKK-AC
)
Civil Rights
)
)
)
) CONSENT DECREE AND ORDER
) FOR SETTLEMENT OF
) PLAINTIFF’S INJUNCTIVE RELIEF
) CLAIMS ONLY AS TO
) DEFENDANTS COUNTY OF
) SACRAMENTO AND
) SACRAMENTO PUBLIC LIBRARY
) AUTHORITY
)
)
)
)
)
)

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________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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JESSE M. RIVERA (SBN 84259)
JONATHAN B. PAUL (SBN 215884)
RIVERA & ASSOCIATES
2180 Harvard Street, Suite 310
Sacramento, California 95815
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants COUNTY OF SACRAMENTO and SACRAMENTO
PUBLIC LIBRARY AUTHORITY

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________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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CONSENT DECREE AND ORDER
1.

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

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

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

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

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

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

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

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

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

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Defendants COUNTY and SPLA only.

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2.

Plaintiff has alleged that Defendants COUNTY and SPLA violated Title

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II of the ADA, Section 504, and California civil rights laws and statutes by failing to

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provide full and equal access to its programs, services, and activities offered at the

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Sylvan Oaks Library (“Library”), which is located at 6700 Auburn Boulevard, Citrus

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Heights, California 95621. Defendants COUNTY and SPLA and Plaintiff

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(collectively, “Parties” hereafter) now seek to settle all of Plaintiff’s claims for

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injunctive relief as to the barriers at the Library and agree that the terms of this

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Consent Decree and Order will satisfy all of Plaintiff’s claims for injunctive relief

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only against Defendants COUNTY and SPLA as set forth in her Complaint in this

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matter.

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3.

Defendants COUNTY and SPLA answered the allegations of the

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Complaint with a number of denials and affirmative defenses, and have not waived

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and do not waive the same by entering into this Consent Decree. As such, nothing

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stated within this Consent Decree nor the fact of this consent decree shall be

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construed as an admission of any of the claims or of Plaintiff’s allegations in her

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Complaint. Defendants COUNTY and SPLA maintain their denial of the allegations

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in the Complaint filed by Plaintiff and do not admit liability or responsibility as the
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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Parties hereby enter into this Consent Decree for the purpose of entering into an early

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settlement of all of Plaintiff’s claims for injunctive relief as to Defendants COUNTY

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and SPLA as set forth in her Complaint without the need for protracted litigation.

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JURISDICTION

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4.

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

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

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

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

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

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regulations that have been pled in the Complaint.

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5.

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

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all of Plaintiff’s claims for injunctive relief as to COUNTY and SPLA raised in the

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Complaint filed with the Court in this matter. Accordingly, the Parties stipulate to the

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entry of this Order without trial or adjudication of any issues and as full resolution of

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Plaintiff’s claims for injunctive relief only as to COUNTY and SPLA with respect to

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the condition of the subject property prior to completion of its modification pursuant

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to this Consent Decree.

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

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

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SETTLEMENT OF PLAINTIFF’S CLAIMS FOR INJUNCTIVE RELIEF AS

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TO DEFENDANTS COUNTY AND SPLA ONLY:

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6.

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

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injunctive relief as to COUNTY and SPLA. Attached as Attachment A are all of the

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terms of the settlement for injunctive relief as agreed to between the Parties. Said

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

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

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injunctive relief as to COUNTY and SPLA as requested in Plaintiff’s Complaint. All

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recommendations indicated on Attachment A are to be completed on or before
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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December 1, 2014.
7.

Upon completion of the items in Attachment A, Defendants COUNTY

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

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Plaintiff shall then have the right to complete an inspection of the subject property by

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

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being provided notice of completion by Defendants COUNTY and SPLA. In the

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event that Plaintiff believes that Defendants COUNTY and SPLA have not complied

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with the terms of this Consent Decree and Order, Plaintiff’s counsel will inform

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counsel for Defendants COUNTY and SPLA of the alleged breach, and allow for

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forty-five(45) days to negotiate a resolution. A motion to compel enforcement may

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be filed in the event that the Parties are unable to resolve the alleged breach of the

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terms of the Consent Decree and Order. Plaintiff will be entitled to reasonable

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attorneys’ fees if Plaintiff is forced to file a motion to enforce the terms of the

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Consent Decree.

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8.

Plaintiff and Defendants COUNTY and SPLA have not reached an

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agreement to settle Plaintiff’s claims for monetary relief in the form of attorneys’

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fees, litigation expenses and costs of suit, which the Parties agree will be resolved by

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way of negotiated settlement, motion, or trial.

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ENTIRE CONSENT ORDER:

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9.

This Consent Decree and Order constitutes the entire agreement between

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the signing parties on the matter of Plaintiff’s claims for injunctive relief against

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COUNTY and SPLA, and no other statement, promise, or agreement, either written

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or oral, made by any of the parties or agents of any of the parties, that is not contained

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in this written Consent Decree, shall be enforceable regarding Plaintiff’s claims for

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injunctive relief against COUNTY and SPLA.

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CONSENT ORDER BINDING ON PARTIES AND SUCCESSORS IN

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INTEREST:

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10.

This Consent Decree and Order shall be binding on Plaintiff CONNIE

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CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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ARNOLD and Defendants COUNTY OF SACRAMENTO and SACRAMENTO

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PUBLIC LIBRARY AUTHORITY and any successors in interest. The Parties have

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a duty to so notify all such successors in interest of the existence and terms of this

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Consent Decree and Order during the period of the Court’s jurisdiction of this

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Consent Decree and Order.

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MUTUAL RELEASE AND WAIVER BETWEEN PLAINTIFF AND

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DEFENDANTS COUNTY AND SPLA OF CIVIL CODE § 1542 AS TO

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PLAINTIFF’S CLAIMS FOR INJUNCTIVE RELIEF ONLY:

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

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

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

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

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COUNTY and SPLA and all their franchisors, franchisees, partners, managers,

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employees, joint ventures, successors, heirs, assigns, directors, shareholders,

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

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agents, attorneys, insurers insurance carriers, predecessors, and representatives of

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

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

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claims for injunctive relief against Defendants COUNTY and SPLA in the lawsuit

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and the incidents alleged therein with respect to injunctive relief only for the physical

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condition of the subject property prior to completion of its modification pursuant to

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this Consent Decree including its accessibility, whether or not addressed in the

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lawsuit.

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12.

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

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

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COUNTY and SPLA and their franchisors, franchisees, partners, managers,

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employees, joint ventures, successors, heirs, assigns, directors, shareholders,

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subsidiaries, stockholders, parent companies, officers, board members, employees,
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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agents, attorneys, insurers insurance carriers, predecessors, and representatives,

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releases and forever discharge Plaintiff and her respective agents, attorneys,

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representatives, predecessors, successors, heirs, partners and assigns, from all claims

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and causes of action of whatever kind or nature, presently known or unknown, arising

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out of or in any way connected with Plaintiff’s claims for injunctive relief against

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Defendants COUNTY and SPLA in the lawsuit, the incidents alleged therein, with

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respect to injunctive relief only for the physical condition of the property prior to

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completion of its modification pursuant to this Consent Decree including its

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accessibility, whether or not addressed in the lawsuit.

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13.

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

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

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

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

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all obligations required in this Consent Decree between Plaintiff and Defendants

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COUNTY and SPLA and all obligations between or amongst the Defendants, the

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Parties intend that this Consent Decree apply to all conditions that existed at the

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subject facilities. Therefore, except for all such obligations required in this Consent

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Decree between Plaintiff and Defendants COUNTY and SPLA and all obligations

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between or amongst the Defendants, this Consent Decree shall apply to and cover any

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and all claims, demands, actions and causes of action by the Parties to this Consent

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Decree with respect to the injunctive relief issues in the lawsuit against Defendants

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COUNTY and SPLA and the current condition of the Library and any or all

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improvements thereon, whether the same are known, unknown or hereafter

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discovered or ascertained, and the provisions of § 1542 of the California Civil Code

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are hereby expressly waived. Section 1542 provides as follows:

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A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

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________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.

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TERM OF THE CONSENT DECREE AND ORDER:
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This Consent Decree shall be in full force and effect as described herein

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

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

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and Order are satisfactorily completed.

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

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

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nonetheless remain in full force and effect.

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SIGNATORIES BIND PARTIES:
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Signatories on the behalf of the Parties represent that they are authorized

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

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

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original signature.

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APPROVED AS TO FORM AND CONTENT:

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Dated: July 31, 2013

By:

/s/ Connie Arnold *
Plaintiff CONNIE ARNOLD

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///

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///
________________________________________________________________________________________________
CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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Defendant COUNTY OF SACRAMENTO
Dated: July 25, 2013

By:

/s/ John M. DeRosa **

Its:

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Claims Administrator

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Defendant SACRAMENTO PUBLIC
LIBRARY AUTHORITY

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Dated: July 15, 2013

/s/ Rivkah K. Sass **

Its:

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By:

Library Director

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APPROVED AS TO FORM ONLY:

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Dated: July 29, 2013

METZ & HARRISON, LLP

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By:

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

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Dated: July 15, 2013

RIVERA & ASSOCIATES

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By:

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*
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/s/ Jonathan B. Paul (as authorized on 7.15.13)
JESSE M. RIVERA
JONATHAN B. PAUL
Attorneys for Defendants COUNTY OF
SACRAMENTO and SACRAMENTO
PUBLIC LIBRARY AUTHORITY

Original signature retained by Metz & Harrison, LLP
Original signature retained by Rivera & Associates

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CONSENT DECREE AND ORDER FOR SETTLEMENT OF PLAINTIFF’S INJUNCTIVE RELIEF CLAIMS ONLY
AS TO DEFENDANTS COUNTY OF SACRAMENTO AND SACRAMENTO PUBLIC LIBRARY AUTHORITY
Case No. 2:12-CV-01998-LKK-AC
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