Johnson v. Sahota, et al

Filing 15

STIPULATION and ORDER 14 for Consent Decree signed by Judge John A. Mendez on 12/2/2015. (Marciel, M)

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Center for Disability Access
Mark Potter, Esq., SBN 166317
Phyl Grace, Esq., SBN 171771
Ray Ballister Jr., Esq., SBN 111282
Dennis Price, SBN 279082
Mail: PO Box 262490
San Diego, CA 92196-2490
Delivery: 9845 Erma Road, Suite 300
San Diego, CA 92131
[phone]; [phone]
Fax: [e-mail]

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Attorneys for Plaintiff
Michael Welch + Associates
Michael D. Welch (SBN: 111022)
770 L Street, Suite 950
Sacramento, CA. 95814
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON
Plaintiff,

Case No. 2:14-CV-02200-JAM-KJN

vs.

CONSENT DECREE AND ORDER

BALJINDER SAHOTA;
HUMBERTO R. BEAS; and Does 1-10,

Judge: Honorable JOHN A. MENDEZ

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Defendants.
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TO THE COURT, ALL INTERESTED PARTIES AND ATTORNEYS OF RECORD:

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1.

Plaintiff SCOTT JOHNSON filed this action (known as Case No. 2:14-CV-

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02200-JAM-KJN) against Defendants seeking money damages and injunctive relief for,

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inter alia, violations of the Americans with Disabilities Act of 1990 (the "ADA") and
CONSENT DECREE AND [PROPOSED] ORDER
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corresponding state law claims, as well as common law claims, in the United States District

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Court for the Eastern District of California on September 23, 2014. Defendants BALJINDER

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SAHOTA & HUMBERTO R. BEAS ("Defendants") filed his Answer to the Complaint on

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October 31, 2014.

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2.

Defendants and Plaintiff (collectively sometimes referred to herein as the

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“Parties” or separately as a “Party”) wish to settle the portion of the cases relating to issues

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of injunctive relief and hereby desire to enter into this Consent Decree. The Parties hereby

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enter into this Consent Decree and Order for the purpose of resolving certain specified

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aspects of the lawsuit without the need for protracted litigation, and without the admission

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of any liability as to: (a) the amount of damages to which Plaintiff may be entitled or (b) the

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amount of attorneys’ fees to which Plaintiff may be entitled.

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JURISDICTION:

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3.

The Parties agree that the Court has jurisdiction of this matter for alleged

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violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq. and

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pursuant to supplemental jurisdiction under 28 U.S.C. §1367(a) for alleged violations of

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California Civil Code §§51 and 54 et. seq.

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4.

In order to avoid the costs, expense, and uncertainty of protracted litigation,

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the Parties agree to entry of this Order to resolve all claims regarding injunctive relief raised

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in the above-entitled Actions. Accordingly, the Parties agree to the entry of the proposed

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Order related to this Consent Decree without trial or further adjudication of the issues

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addressed herein.

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NO DISMISSAL OF ACTION REQUESTED:

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5.

As noted herein, monetary issues are still at issue and accordingly the Parties

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do not request that the Honorable Court dismiss the action as these issues may still

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proceed to trial.
CONSENT DECREE AND [PROPOSED] ORDER
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WHEREFORE, the Parties hereby agree and stipulate to the Court’s entry of this
Consent Decree and Order, which provides as follows:

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SETTLEMENT OF INJUNCTIVE RELIEF:

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6.

This Order shall be a full, complete, and final disposition and settlement of

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Plaintiff’s claims against Defendants and any other parties for injunctive relief that have

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arisen out of the acts and/or omissions alleged, or which could have been alleged, in the

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subject Complaint.
7.

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The Parties agree and stipulate that the corrective work will be performed in

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compliance with the standards and specifications for disabled access as set forth in the

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California Code of Regulations, Title 24-2 and the 2010 Americans with Disabilities Act

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Standards, unless other standards are specifically agreed to in this Consent Decree and

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Order.

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8.

Remedial Measures:

The corrective work agreed upon by the Parties is

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attached here to as Exhibit “A”. Defendants agree to undertake all of the remedial work set

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forth therein.

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9.

Timing of Injunctive Relief: Exhibit “A” also includes the estimated timeframe

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for completing the work described therein. In the event that unforeseen difficulties prevent

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Defendant from completing any of the agreed-upon injunctive relief within the timeframes

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specified, Defendant or his counsel will notify Plaintiff’s counsel, in writing, within fifteen

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(15) days after discovering any such difficulties. Defendant, or his counsel, will promptly

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notify Plaintiff’s counsel when the corrective work is complete, and in any case, will provide

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a status report on or before March 1, 2016.

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ISSUES RELATED TO DAMAGES, ATTORNEYS FEES, LITIGATION EXPENSES,
AND COSTS REMAIN UNRESOLVED:

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CONSENT DECREE AND [PROPOSED] ORDER
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10.

The Parties have not reached an agreement regarding Plaintiff’s claims for

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damages, attorneys’ fees, litigation expenses and costs in this Action (collectively, the

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“Unresolved Issues”). These Unresolved Issues shall be the subject of further negotiation,

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settlement, litigation, and/or motions to the Court. Should the Parties later reach an

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agreement regarding the Unresolved Issues, the terms of that agreement will be set forth in

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a separate settlement agreement. Nothing set forth herein shall be deemed to in any way

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limit or effect a waiver of either of Plaintiff’s past, present, or future rights and/or remedies

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to recover damages, attorneys’ fees, litigation expenses, or costs in connection with each of

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his alleged losses, costs, damages, claims, and causes of action as set forth in each of the

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operative Complaints or otherwise.

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ENTIRE CONSENT ORDER:

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11.

This Consent Decree and Order and Exhibit “A” to the Consent Decree, which

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is incorporated herein by reference as if fully set forth in this document, constitute the entire

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agreement between the signing Parties on all matters of injunctive relief, and no other

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statement, promise, or agreement, either written or oral, made by any of the Parties or

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agents of any of the Parties, that is not contained in this written Consent Decree and Order,

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shall be enforceable regarding the matters of injunctive relief specifically described herein.

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TERM OF THE CONSENT DECREE AND ORDER:

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12.

This Consent Decree and Order shall be in full force and effect for a period of

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twenty four (24) months after the date of entry of this Consent Decree and Order, or until

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the injunctive relief contemplated by this Order is completed, whichever occurs later. The

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Court shall retain jurisdiction of this action to enforce provisions of this Order for twenty four

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(24) months after the date of this Consent Decree, or until the relief contemplated by this

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Order is completed, whichever occurs later.

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SEVERABILITY:

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CONSENT DECREE AND [PROPOSED] ORDER
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13.

If any term of this Consent Decree and Order is determined by any court to be

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unenforceable, all other terms of this Consent Decree and Order shall nonetheless remain

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in full force and effect.

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SIGNATORIES BIND PARTIES:

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14.

Signatories on the behalf of the Parties represent that they are authorized to

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bind the Parties to this Consent Decree and Order. This Consent Decree and Order may be

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signed in counterparts and a facsimile or e-mail signature shall have the same force and

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effect as an original signature.

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Respectfully Submitted,

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Dated: November 30, 2015

CENTER FOR DISABILITY ACCESS

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By:Teresa Allen
TERESA ALLEN
Counsel for Plaintiff
SCOTT JOHNSON

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Dated: November 30, 2015

MICHAEL WELCH + ASSOCIATES

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By:/s/Michael D. Welch
MICHAEL D. WELCH
Counsel for Defendants
BALJINDER SAHOTA &
HUMBERTO R. BEAS

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IT IS SO ORDERED.
Dated: December 2, 2015

/s/ John A. Mendez____________
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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CONSENT DECREE AND [PROPOSED] ORDER
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