Johnson v. Oropeza et al

Filing 18

ORDER signed by Magistrate Judge Dale A. Drozd on 6/17/2015 ORDERING 17 Pursuant to the parties' stipulation IT IS SO ORDERED as to defendants' discovery responses APPROVED. (Reader, L)

5

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]

6

Attorney for Plaintiff SCOTT JOHNSON

1
2
3
4

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
11

) No. 2:14-cv-01369-WBS-DAD
)
)
Joint Stipulation and Order Regarding
)
Defendants’ Financial Wherewithal and
)
Defendants’ Discovery Responses
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

SCOTT JOHNSON,
Plaintiff,

12

v.

13

PEDRO OROPEZA, in his individual and
representative capacity as Trustee--Pedro &
Angela Oropeza 2008 Trust;
ANGELA OROPEZA, in her individual and
representative capacity as Trustee--Pedro &
Angela Oropeza 2008 Trust;
ROSA HAS; and Does 1-10,

14
15
16
17

Defendants.

18
19
20
21
22

JOINT STIPULATION

23
24

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

25

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

26

Guidelines:

27
28
Joint Stipulation and Order

-1-

Case No.: 2:14-CV-01369-WBS-DAD

1
2

ADAAG:

3

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

4

ACCESSIBLE:

Complying with the technical requirements of the ADAAG.

5

SUBJECT PROPERTY:

Kinnaree Thai Cuisine located at or about 229 E. Yosemite Ave.,
Manteca, 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 complaint.

14
15
16

PLAINTIFF SCOTT JOHNSON AND DEFENDANTS PEDRO OROPEZA, ANGELA
OROPEZA, AND ROSA HAS, BY AND THROUGH THEIR ATTORNEYS OF RECORD,
HEREBY STIPULATE:

17

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

18

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

19

Plaintiff’s damages assessment; and

20

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

21

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

22

information;

23

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

24
25
26

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

27

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

28
Joint Stipulation and Order

-2-

Case No.: 2:14-CV-01369-WBS-DAD

1

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

2

Interrogatories, Set One, nos. 3, 12, and 13 and Requests for Production of Documents, Set One, nos.

3

8, 10, and 11.

4
5

Stipulating Defendants: The Stipulating Defendants hereby declare that in determining whether the

6

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

7

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

8

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

9

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

10

Defendants further stipulate to respond fully to all discovery requests not concerning the financial

11

status, ability, or wherewithal of the Stipulating Defendants within 14 days of the Court’s Order.

12
13

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

14

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

15

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

16
17

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

18

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

19

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

20

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

21

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

22

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

23
24
25

IT IS SO STIPULATED.

26
27
28
Joint Stipulation and Order

-3-

Case No.: 2:14-CV-01369-WBS-DAD

1

Dated: June 7, 2015

CENTER FOR DISABILITY ACCESS

2
3
By:
/s/ Amanda Lockhart
AMANDA LOCKHART
Attorney for Plaintiff

4
5
6
7

Dated: June 15, 2015

MICHAEL D. WELCH ASSOCIATES

8
9

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

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Joint Stipulation and Order

-4-

Case No.: 2:14-CV-01369-WBS-DAD

1
2
3

ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: June 17, 2015

4
5
6
7
8

Ddad1\orders.civil
johnson1369.stip.disc.ord.docx

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Joint Stipulation and Order

-5-

Case No.: 2:14-CV-01369-WBS-DAD