Johnson v. Ward

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/8/15 ORDERING that Defendant shall respond to all outstanding discovery requests within 14 days of the date of this order. (Kastilahn, A)

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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]
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-00946-KJM-EFB
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) Joint Stipulation of Fact Regarding
) Defendants’ Financial Wherewithal
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Scott Johnson,

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Plaintiff,

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v.

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Janice A. Ward; and Does 1-10,

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Defendant.

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JOINT STIPULATION

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

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

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Guidelines:

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Joint Stipulation

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Case No.: 2:14-CV-00946-KJM-EFB

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ADAAG:

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

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ACCESSIBLE:

Complying with the technical requirements of the ADAAG.

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SUBJECT PROPERTY:

The Hair Company located at or about 510 W. Yosemite
Ave., Manteca, 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

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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

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complaint.

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PLAINTIFF SCOTT JOHNSON AND DEFENDANT JANICE A. WARD, 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

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support 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 have a legitimate concern about unnecessarily producing

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such information;

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

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Joint Stipulation

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Case No.: 2:14-CV-00946-KJM-EFB

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

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

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Defendants. Plaintiff also withdraws all discovery already propounded concerning this

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information, namely: Interrogatories, Set One, nos. 3 and 14, 15 and Requests for Production

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of Documents, Set One, nos. 11, 13, and 14.

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Stipulating Defendant: The Stipulating Defendant hereby declares that in determining

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

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

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

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

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remove those alleged BARRIERS.

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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

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(D) that 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

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

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information until Plaintiff believes that further discovery information warrants the prosecution

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

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

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

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opportunity for resolution of the case.

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Joint Stipulation

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Case No.: 2:14-CV-00946-KJM-EFB

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IT IS SO STIPULATED.

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Dated: February 2, 2015

CENTER FOR DISABILITY ACCESS

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

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Dated: February 18, 2015

MICHAEL D. WELCH ASSOCIATES

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

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Approved and So Ordered. Defendant shall respond to all outstanding discovery requests
within 14 days of the date of this order.
Dated: June 8, 2015.

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Joint Stipulation

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Case No.: 2:14-CV-00946-KJM-EFB