Johnson v. Bourbeau, et al.

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/15 ORDERING that the stipulation is approved. Defendant Taqueria Yvette, Inc. shall respond to all outstanding discovery requests not withdrawn by Plaintiff within 14 days of the date of this order.(Mena-Sanchez, L)

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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: (858) 375-7385 Fax: (888) 422-5191 phylg@potterhandy.com 6 Attorney for Plaintiff SCOTT JOHNSON 1 2 3 4 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 ) Case No.: 2:14-CV-01730-JAM-EFB ) ) ) ) ) (1) Joint Stipulation of Fact Regarding Defendants’ Financial Wherewithal; ) (2) Joint Stipulation Regarding ) Defendants’ Discovery Responses; ) (3) Proposed Order Thereon. ) ) ) ) ) ) ) ) ) ) ) ) SCOTT JOHNSON, Plaintiff, 12 v. 13 JOHN PAUL BOURBEAU; TAQUERIA YVETTE, INC., a California Corporation; and Does 1-10, 14 15 Defendants. 16 17 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 ADAAG: Americans with Disabilities Act Accessibility Guidelines found 28 Joint Stipulation and Order -1- Case No.: 2:14-CV-01730-JAM-EFB` 1 at 28 C.F.R. Part 36. 2 ACCESSIBLE: Complying with the technical requirements of the ADAAG. 3 SUBJECT PROPERTY: Taqueria Yvette and the Rusty Hook located at or about 947 and 955 E Yosemite Ave., Manteca, California. 4 5 READILY ACHIEVABLE: 12181(9). 6 7 Shall have the same definition as that found at 42 U.S.C. § BARRIER: Any architectural or configuration element of the subject 8 property that does not comply with the technical provisions 9 found in the Americans With Disabilities Act Accessibility 10 Guidelines and/or Title 24 of the California Code of 11 Regulations, and which is identified in the Plaintiff’s complaint. 12 13 14 PLAINTIFF SCOTT JOHNSON AND DEFENDANTS JOHN PAUL BOURBEAU; AND TAQUERIA YVETTE, INC., BY AND THROUGH THEIR ATTORNEYS OF RECORD, HEREBY STIPULATE: 15 WHEREAS Plaintiff has propounded written discovery to assist him in determining the 16 ability of the Stipulating Defendants to undergo “readily achievable” barrier removal and to support 17 Plaintiff’s damages assessment; and 18 WHEREAS such discovery information is of a personal and confidential nature and, 19 therefore, the Stipulating Defendants have a legitimate concern about unnecessarily producing such 20 information; 21 The Plaintiff and the Stipulating Defendants enter into the following stipulation: 22 23 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-01730-JAM-EFB` 1 withdraws all discovery already propounded concerning this information, including but not limited to: 2 Interrogatories, Set One, no. 4, and Requests for Production of Documents, Set One, no. 9. 3 4 Stipulating Defendants: The Stipulating Defendants hereby declare that in determining whether the 5 removal of a BARRIER is READILY ACHIEVABLE, factors such as the (1) Stipulating Defendant’s 6 financial resources; (2) the facility’s financial resources; (3) the “effect on expenses and resources”; 7 and (4) impact on finances, shall NOT be raised by STIPULATING DEFENDANTS as a defense as 8 to why the Stipulating Defendants cannot remedy and/or remove those alleged BARRIERS. 9 Defendants further stipulate to respond fully to all discovery requests not concerning the financial 10 status, ability, or wherewithal of the Stipulating Defendants within 14 days of the Court’s Order. 11 12 NOTE: Stipulating Defendants are not stipulating (A) liability to the Plaintiff; (B) that the above 13 identified barrier removals are required by law; (C) that the above referenced barriers exist; or (D) that 14 they are subject to the ADA or related state disability access laws. 15 16 NOTE: The parties understand that the Plaintiff reserves his right to seek financial information in 17 support of a claim for punitive damages. However, Plaintiff will forbear from seeking that information 18 until Plaintiff believes that further discovery information warrants the prosecution of a punitive 19 damages claim against the Stipulating Defendants. Even if Plaintiff reaches a decision that a punitive 20 damages claim should be prosecuted, Plaintiff will, nonetheless, wait until the end of the discovery 21 window to request such information so as to allow maximum opportunity for resolution of the case. 22 23 24 IT IS SO STIPULATED. 25 26 27 28 Joint Stipulation and Order -3- Case No.: 2:14-CV-01730-JAM-EFB` 1 Dated: September 23, 2015 CENTER FOR DISABILITY ACCESS 2 3 By: /s/ Amanda Lockhart AMANDA LOCKHART Attorney for Plaintiff 4 5 6 7 Dated: September 23, 2015 MICHAEL D. WELCH ASSOCIATES 8 9 By: /s/ Michael D. Welch MICHAEL D. WELCH Attorney for Defendants 10 11 12 13 ORDER 14 Having read the Joint Stipulation of Fact Regarding Defendants’ Financial Wherewithal and 15 Discovery Responses, it is hereby ORDERED that the stipulation is approved. Defendant Taqueria 16 Yvette, Inc. shall respond to all outstanding discovery requests not withdrawn by plaintiff within 14 17 days of the date of this order. 18 IT IS SO ORDERED. 19 Dated: October 7, 2015. 20 21 22 23 24 25 26 27 28 Joint Stipulation and Order -4- Case No.: 2:14-CV-01730-JAM-EFB`

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