Johnson v. Downes et al
Filing
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ORDER REGARDING JOINT STIPULATION OF FACT AND DISCOVERY signed by Magistrate Judge Kendall J. Newman on 07/23/15 ORDERING defendants to respond to all outstanding discovery requests not withdrawn by Plaintiff within 14 days. (Benson, 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: (858) 375-7385
Fax: (888) 422-5191
phylg@potterhandy.com
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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-01256-TLN-KJN
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Plaintiff,
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v.
(1) Joint Stipulation of Fact Regarding
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Defendants’ Financial Wherewithal;
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DARLENE RAE DOWNES, in her individual and
(2) Joint Stipulation Regarding
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representative capacity as Trustee—Darlene Rae
Defendants’ Discovery Responses;
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Downes Trust;
(3) Order Thereon.
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JEFFRA MCGOWAN;
MICHAEL MCGOWAN; and Does 1-10,
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Defendants.
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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
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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 and Order
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Case No.: 2:14-CV-01256-TLN-KJN
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ADAAG:
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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:
Old McGowan’s Feed Store, located at or about 398 E Lathrop
Rd., 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 complaint.
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PLAINTIFF SCOTT JOHNSON AND DEFENDANTS DARLENE RAE DOWNES, JEFFRA
MCGOWAN, AND MICHAEL MCGOWAN, 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 Defendants 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 Defendants have a legitimate concern about unnecessarily producing such
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information;
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The Plaintiff and the Stipulating Defendants 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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Joint Stipulation and Order
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Case No.: 2:14-CV-01256-TLN-KJN
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concerning the financial status, ability, or wherewithal of the Stipulating Defendants. 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, 16, and 17 and Requests for Production of Documents, Set One, nos.
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9, 11, and 12.
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Stipulating Defendants: The Stipulating Defendants hereby declare 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 DEFENDANTS as a defense as
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to why the Stipulating Defendants cannot remedy and/or remove those alleged BARRIERS.
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Defendants further stipulate to respond fully to all discovery requests not concerning the financial
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status, ability, or wherewithal of the Stipulating Defendants within 14 days of the Court’s Order.
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NOTE: Stipulating Defendants are 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 Defendants. 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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Joint Stipulation and Order
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Case No.: 2:14-CV-01256-TLN-KJN
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Dated: July 9, 2015
CENTER FOR DISABILITY ACCESS
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By:
/s/ Amanda Lockhart
AMANDA LOCKHART
Attorney for Plaintiff
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Dated: July 9, 2015
MICHAEL D. WELCH ASSOCIATES
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By:
/s/ Michael D. Welch
MICHAEL D. WELCH
Attorney for Defendants
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Joint Stipulation and Order
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Case No.: 2:14-CV-01256-TLN-KJN
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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: (858) 375-7385
Fax: (888) 422-5191
phylg@potterhandy.com
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Attorney for Plaintiff SCOTT JOHNSON
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2
3
4
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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10
11
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15
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) Case No.: 2:14-CV-01256-TLN-KJN
)
)
)
Plaintiff,
)
v.
) Order Regarding Joint Stipulation of Fact and
DARLENE RAE DOWNES, in her individual and ) Discovery
representative capacity as Trustee—Darlene Rae )
)
Downes Trust;
)
JEFFRA MCGOWAN;
MICHAEL MCGOWAN; and Does 1-10,
)
)
Defendants.
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SCOTT JOHNSON,
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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 Defendants 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.
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Dated: July 23, 2015
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Joint Stipulation and Order
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Case No.: 2:14-CV-01256-TLN-KJN
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