Johnson v. Patel, et al.

Filing 23

STIPULATION and ORDER of facts regarding Discovery signed by Magistrate Judge Allison Claire on 5/29/2015. (Marciel, M)

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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-02078-WBS-AC
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JOINT STIPULATION OF FACTS
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REGARDING DISCOVERY
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SCOTT JOHNSON,
Plaintiff,

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v.

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AMRAT K. PATEL;
DAMYANTI A. PATEL; and Does 1-10,

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Defendants.

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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-02078-WBS-AC

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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:

America’s Best Value Inn located at or about 3951 Budweiser
Ct., Stockton, 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 AMRAT K. PATEL AND DAMYANTI
A. PATEL, 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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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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Joint Stipulation and Order

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Case No.: 2:14-CV-02078-WBS-AC

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11, 13 and 14.

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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 Defendant 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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Dated: May 1, 2015

CENTER FOR DISABILITY ACCESS

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By:

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Joint Stipulation and Order

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/s/Amanda Lockhart
Case No.: 2:14-CV-02078-WBS-AC

AMANDA LOCKHART
Attorney for Plaintiff

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Dated: May 1, 2015

MICHAEL D. WELCH ASSOCIATES

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

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ORDER

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IT IS SO ORDERED.
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DATED: May 29, 2015
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Joint Stipulation and Order

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Case No.: 2:14-CV-02078-WBS-AC