Johnson v. Henrikson et al

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/10/15 re: 12 ORDERING within 14 days of the date of this order, defendant shall respond to all outstanding discovery requests not withdrawn by plaintiff. (Meuleman, A)

1
2
3
4
5
6
7

CENTER FOR DISABILITY ACCESS
MARK D. POTTER, ESQ., SBN 166317
PHYL GRACE, ESQ., SBN 171771
Mail: P.O. Box 262490
San Diego, CA 92196-2490
Deliveries: 9845 Erma Road, Suite 300
San Diego, CA 92131
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff SCOTT JOHNSON

8
UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

) Case No.: 2:13-CV-02330-TLN-EFB
)
)
)
)
) Joint Stipulation of Fact Regarding
) Defendants’ Financial Wherewithal
)
)
)
)
)
)
)
)
)
)
)
)
)
)

SCOTT JOHNSON,

13

Plaintiff,

14

v.

15

GREGG HENRIKSON;
KJELL O HENRIKSON;
RASSAMEE KAITAMMA; and Does 1-10,

16
17

Defendants.

18
19
20
21
22
23

JOINT STIPULATION

24
25

The following terms, phrases, and definitions will be applied in this stipulation and are

26

intended to conform to the usage given in the Americans with Disabilities Act Accessibility

27

Guidelines:

28

Joint Stipulation

-1-

2:13-CV-02330-TLN-EFB

1
2

ADAAG:

Americans with Disabilities Act Accessibility Guidelines
found at 28 C.F.R. Part 36.

3
4

ACCESSIBLE:

Complying with the technical requirements of the ADAAG.

5

SUBJECT PROPERTY:

Thai Kitchen located at or about 255 N Lake Blvd., Tahoe
City, California.

6
7

READILY ACHIEVABLE:

12181(9).

8
9

Shall have the same definition as that found at 42 U.S.C. §

BARRIER:

Any architectural or configuration element of the subject

10

property that does not comply with the technical provisions

11

found in the Americans With Disabilities Act Accessibility

12

Guidelines and/or Title 24 of the California Code of

13

Regulations, and which is identified in the Plaintiff’s

14

complaint.

15
16
17

PLAINTIFF SCOTT JOHNSON AND DEFENDANTS GREGG HENRIKSON, KJELL O.
HENRIKSON, AND RASSAMEE KAITAMMA, BY AND THROUGH THEIR
ATTORNEYS OF RECORD, HEREBY STIPULATE:

18
19

WHEREAS Plaintiff has propounded written discovery to assist him in determining the

20

ability of the Stipulating Defendant to undergo “readily achievable” barrier removal and to

21

support Plaintiff’s damages assessment; and

22

WHEREAS such discovery information is of a personal and confidential nature and,

23

therefore, the Stipulating Defendants have a legitimate concern about unnecessarily producing

24

such information;

25

The Plaintiff and the Stipulating Defendants enter into the following stipulation:

26
27
28

Joint Stipulation

-2-

2:13-CV-02330-TLN-EFB

1

Plaintiff: Plaintiff will currently forbear from propounding any discovery that seeks

2

information concerning the financial status, ability, or wherewithal of the Stipulating

3

Defendants. Plaintiff also withdraws all discovery already propounded concerning this

4

information, namely: Interrogatories, Set One, nos. 3, 7, 9, and 12 and Requests for Production

5

of Documents, Set One, nos. 9, 11, and 12.

6
7

Stipulating Defendants: The Stipulating Defendants hereby declare that in determining

8

whether the removal of a BARRIER is READILY ACHIEVABLE, factors such as the (1)

9

Stipulating Defendant’s financial resources; (2) the facility’s financial resources; (3) the “effect

10

on expenses and resources”; and (4) impact on finances, shall NOT be raised by STIPULATING

11

DEFENDANTS as a defense as to why the Stipulating Defendants cannot remedy and/or

12

remove those alleged BARRIERS.

13
14

NOTE: Stipulating Defendants are not stipulating (A) liability to the Plaintiff; (B) that the

15

above identified barrier removals are required by law; (C) that the above referenced barriers

16

exist; or (D) that they are subject to the ADA or related state disability access laws.

17
18

NOTE: The parties understand that the Plaintiff reserves his right to seek financial information

19

in support of a claim for punitive damages. However, Plaintiff will forbear from seeking that

20

information until Plaintiff believes that further discovery information warrants the prosecution

21

of a punitive damages claim against the Stipulating Defendants. Even if Plaintiff reaches a

22

decision that a punitive damages claim should be prosecuted, Plaintiff will, nonetheless, wait

23

until the end of the discovery window to request such information so as to allow maximum

24

opportunity for resolution of the case.

25
26
27
28

Joint Stipulation

-3-

2:13-CV-02330-TLN-EFB

1
2

IT IS SO STIPULATED.

3
4

Dated: January 29, 2015

CENTER FOR DISABILITY ACCESS

5
6
By:
/s/ Amanda Lockhart
AMANDA LOCKHART
Attorney for Plaintiff

7
8
9
10

Dated: February 8, 2015

MICHAEL D. WELCH ASSOCIATES

11
12
By:
/s/ Michael D. Welch
MICHAEL D. WELCH
Attorney for Defendants

13
14
15
16
17
18

Approved and So Ordered.
Within 14 days of the date of this order, defendant shall respond to all outstanding discovery
requests not withdrawn by plaintiff.
DATED: February 10, 2015.

19
20
21
22
23
24
25
26
27
28

Joint Stipulation

-4-

2:13-CV-02330-TLN-EFB