Johnson v. Ca Retail LLC

Filing 10

ORDER signed by Chief Judge Morrison C. England, Jr. on 6/16/2015 ORDERING that Defendant shall respond to all outstanding discovery requests not withdrawn by Plaintiff within 14 days. (Reader, L)

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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]

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Attorney for Plaintiff SCOTT JOHNSON

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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) Case No.: 2:14-CV-00933-MCE-KJN
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Plaintiff,
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v.
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(1) Joint Stipulation of Fact Regarding
Defendants’ Financial Wherewithal;
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CA RETAIL LLC, a California Limited Liability
(2) Joint Stipulation Regarding
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Company; and Does 1-10,
Defendants’ Discovery Responses;
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(3) Proposed Order Thereon.
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Defendant.
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SCOTT JOHNSON,

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JOINT STIPULATION

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The following terms, phrases, and definitions will be applied in this stipulation and are
intended to conform to the usage given in the Americans with Disabilities Act Accessibility
Guidelines:

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ADAAG:

Americans with Disabilities Act Accessibility Guidelines found

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Joint Stipulation and Order

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Case No.: 2:14-CV-00933-MCE-KJN

at 28 C.F.R. Part 36.

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ACCESSIBLE:

Complying with the technical requirements of the ADAAG.

SUBJECT PROPERTY:

Commercial or retail building from which a number of places of

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public accommodation operate including a sewing machine

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shop, a restaurant, and an appliance store located at or about

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8038 Greenback Lane, Citrus Heights, California.

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READILY ACHIEVABLE:

12181(9).

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

BARRIER:

Any architectural or configuration element of the subject
property that does not comply with the technical provisions

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found in the Americans With Disabilities Act Accessibility
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Guidelines and/or Title 24 of the California Code of

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Regulations, and which is identified in the Plaintiff’s complaint.

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PLAINTIFF SCOTT JOHNSON AND DEFENDANT CA RETAIL, LLC, BY AND
THROUGH THEIR ATTORNEYS OF RECORD, HEREBY STIPULATE:

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

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

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Plaintiff’s damages assessment; and

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

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therefore, the Stipulating Defendant has a legitimate concern about unnecessarily producing such

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information;

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

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

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concerning the financial status, ability, or wherewithal of the Stipulating Defendant. Plaintiff also

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withdraws all discovery already propounded concerning this information, including but not limited to:

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Interrogatories, Set One, nos. 4, 12, and 13 and Requests for Production of Documents, Set One, nos.

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9, 11, and 12.

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Joint Stipulation and Order

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Case No.: 2:14-CV-00933-MCE-KJN

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Stipulating Defendants: The Stipulating Defendant hereby declares that in determining whether the

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removal of a BARRIER is READILY ACHIEVABLE, factors such as the (1) Stipulating Defendant’s

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financial resources; (2) the facility’s financial resources; (3) the “effect on expenses and resources”;

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and (4) impact on finances, shall NOT be raised by STIPULATING DEFENDANT as a defense as to

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why the Stipulating Defendant cannot remedy and/or remove those alleged BARRIERS. Defendant

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further stipulates to respond fully to all discovery requests not concerning the financial status, ability,

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or wherewithal of the Stipulating Defendant within 14 days of the Court’s Order.

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NOTE: Stipulating Defendant is not stipulating (A) liability to the Plaintiff; (B) that the above

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

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they are subject to the ADA or related state disability access laws.

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

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

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until Plaintiff believes that further discovery information warrants the prosecution of a punitive

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damages claim against the Stipulating Defendant. Even if Plaintiff reaches a decision that a punitive

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damages claim should be prosecuted, Plaintiff will, nonetheless, wait until the end of the discovery

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window to request such information so as to allow maximum opportunity for resolution of the case.

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IT IS SO STIPULATED.

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Dated: June 8, 2015

CENTER FOR DISABILITY ACCESS

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

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Joint Stipulation and Order

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Case No.: 2:14-CV-00933-MCE-KJN

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Dated: June 15, 2015

MICHAEL D. WELCH ASSOCIATES

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By:
/s/ Michael D. Welch
MICHAEL D. WELCH
Attorney for Defendant

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ORDER

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Having read the Joint Stipulation of Fact Regarding Defendants’ Financial Wherewithal and

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Discovery Responses, the Court hereby orders Defendant to respond to all outstanding discovery

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requests not withdrawn by Plaintiff within 14 days.

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IT IS SO ORDERED.
Dated: June 16, 2015

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Joint Stipulation and Order

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Case No.: 2:14-CV-00933-MCE-KJN