Riker v. Friendly Cab Company, Inc. et al

Filing 20

CONSENT DECREE AND ORDER re 19 . Signed by Judge Elizabeth D. Laporte on 12/3/08. ***Civil Case Terminated. (lmh, COURT STAFF) (Filed on 12/3/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF PAUL L. REIN, Esq., (SBN 43053) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A Oakland, CA 94612 Telephone: 510/832-5001 Facsimile: 510/832-4787 Attorneys for Plaintiff JEAN RIKER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JEAN RIKER, Plaintiff, v. FRIENDLY CAB COMPANY, INC; FRIENDLY TRANSPORTATION dba FRIENDLY CAB COMPANY; BALJIT SINGH; SURINDER K. SINGH; KEVIN ITO; JOHN DOE 1; and DOES 2-10, Inclusive, Defendants. / CONSENT DECREE AND ORDER 1. Plaintiff JEAN RIKER filed her Complaint in this matter on September 6, 2007, alleging that defendants had violated her right to full and equal access to defendants' goods and services, pursuant to provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101 et seq., and California Civil Code 51, 54, and 54.1, by charging plaintiff a different (and higher) rate than charged to the general public, when plaintiff utilized defendants' taxi cab service on July 10, 2007, and continuing to the present. 2. Defendants FRIENDLY CAB COMPANY, INC.; FRIENDLY TRANSPORTATION dba FRIENDLY CAB COMPANY; BALJIT SINGH; CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL CASE NO. C07-4616 EDL Civil Rights CONSENT DECREE AND [PROPOSED] ORDER PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF SURINDER K. SINGH; KEVIN ITO ("Defendants") deny all of the allegations raised by plaintiff in the Complaint ("Complaint") and by entering into this Consent Decree and Order do not admit liability to any of the allegations in Plaintiff's Complaint filed in this action. The parties hereby enter into this Consent Decree and Order for the purpose of resolving this lawsuit without the need for protracted litigation. This Consent Decree makes no finding of liability by defendants for any civil rights violations alleged by plaintiff in the Complaint. JURISDICTION 3. The parties to this Consent Decree agree that the Court has jurisdiction of this matter pursuant to 28 USC 1331 for alleged violations of the Americans with Disabilities Act of 1990, 42 USC 12101 et seq. and pursuant to pendant jurisdiction for alleged violations of California Civil Code 51, 52, 54, 54.1, 54.3, and 55. 4. In order to avoid the costs, expense, and uncertainty of protracted litigation, the parties to this Consent Decree agree to entry of this Order to resolve all claims regarding injunctive relief claims raised in the Complaint filed with this Court on September 6, 2007. Accordingly, they agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning plaintiff's claims for injunctive relief. WHEREFORE, the parties to this consent decree hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows: SETTLEMENT OF INJUNCTIVE RELIEF 5. This Consent Decree and Order shall be a full, complete, and final disposition and settlement of all of Plaintiff's claims against Defendants that have arisen out of the subject Complaint. The parties agree that there has been no CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF admission or finding of liability or violation of the ADA and/or California civil rights laws, and this Consent Decree and Order should not be construed as such. 6. The parties agree that the stipulated modification of policies and procedures agreed to in this Consent Decree will be implemented within 30 days of this agreement being signed by the parties, and will be a permanent modification of policies and procedures as long as defendants, or any of them, offer a taxi cab service to the public. MODIFICATION OF POLICIES AND PROCEDURES FOR PRICING 7. Defendants agree to prepare and institute a written policy that persons with disabilities using metered taxi service will be charged the same metered rate as able bodied passengers. Defendants agree to notify, orally and in writing, all cab drivers that operate and/or lease its vehicles and all dispatchers and/or managers involved directly with the operation of Friendly Cab Company's taxi service (1) that it is unlawful to charge any passenger a higher rate for metered services on the basis that he or she has a disability or uses a wheelchair, and (2) that any services under a city sponsored paratransit program are only provided using non-metered vehicles, except that metered taxi vehicles will accept City script for taxi services. Such policy will be instituted within 30 days of this agreement. DAMAGES, ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS 8. The parties have also reached an agreement regarding plaintiff's claims for damages, attorney fees, litigation expenses and costs: Defendants will settle all monetary claims by plaintiff by payment of $35,000 by check payable to "Paul L. Rein in Trust for Jean Riker," with such payment to be made within 14 days of filing the Consent Decree with the Court. PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF ENTIRE CONSENT DECREE AND ORDER 9. This Consent Decree and Order constitutes the entire agreement between the parties on the matters of injunctive relief, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Consent Decree and Order, shall be enforceable regarding the matters of injunctive relief described herein. CONSENT DECREE BINDING ON PARTIES AND SUCCESSORS IN INTEREST 10. This Consent Decree and Order shall be binding on Plaintiff JEAN RIKER, and Defendants FRIENDLY CAB COMPANY, INC., FRIENDLY TRANSPORTATION dba FRIENDLY CAB COMPANY, BALJIT SINGH, SURINDER K. SINGH, and KEVIN ITO, and any successors in interest. The parties have a duty to so notify all such successors in interest of the existence and terms of this Consent Decree and Order during the period of the Court's jurisdiction of this Consent Decree and Order. MUTUAL RELEASE AND WAIVER OF CIVIL CODE SECTION 1542 AS TO INJUNCTIVE RELIEF ONLY 11. Each of the parties to this Consent Decree understands and agrees that there is a risk and possibility that, subsequent to the execution of this Consent Decree, any or all of them will incur, suffer, or experience some further loss or damage with respect to the Lawsuit which are unknown or unanticipated at the time this Consent Decree is signed. Except for all obligations required in this Consent Decree, the parties intend that this Consent Decree apply to all such further loss with respect to the Lawsuit, except those caused by the parties subsequent to the execution of this Consent Decree. Therefore, except for all CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF obligations required in this Consent Decree, this Consent Decree shall apply to and cover any and all claims, demands, actions and causes of action by the parties to this Consent Decree with respect to the Lawsuit, whether the same are known, unknown or hereafter discovered or ascertained, and the provisions of Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 12. Except for all obligations required in this Consent Decree, each of the parties to this Consent Decree, on behalf of each, their respective agents, representatives, predecessors, successors, heirs, partners and assigns, releases and forever discharges each other Party and all officers, directors, shareholders, subsidiaries, joint venturers, stockholders, partners, parent companies, employees, agents, attorneys, insurance carriers, heirs, predecessors, and representatives of each other Party, from all claims, demands, actions, and causes of action of whatever kind or nature, presently known or unknown, arising out of or in any way connected with the Lawsuit. TERM OF THE CONSENT DECREE AND ORDER 13. The modification of policies and procedures set forth in this Consent Decree and Order is meant to be a permanent modification of those policies and procedures that pertain to the pricing of taxi cab services offered by Friendly Cab, and the training provided for such modification, so long as defendants, or any of them, offers taxi cab services to the public. The Court shall retain jurisdiction of this action to enforce provisions of this Order for two years after the entry of this Consent Decree. CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF SEVERABILITY 14. If any term of this Consent Decree and Order is determined by any court to be unenforceable, the other terms of this Consent Decree and Order shall nonetheless remain in full force and effect. SIGNATORIES BIND PARTIES 15. Signatories on the behalf of the parties represent that they are authorized to bind the parties to this Consent Decree and Order. The Consent Decree may be signed in counterparts and a facsimile signature shall have the same force and effect as an original signature. Dated: December 2, 2008 Dated: November 26, 2008 /s/ Plaintiff JEAN RIKER /s/ Defendant FRIENDLY CAB COMPANY, INC. /s/ Defendant FRIENDLY TRANSPORTATION dba FRIENDLY CAB COMPANY /s/ Defendant BALJIT SINGH /s/ Defendant SURINDER K. SINGH /s/ Defendant KEVIN ITO Dated: November 26, 2008 Dated: November 26, 2008 Dated: November 26, 2008 Dated: November 26, 2008 // // // CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF APPROVED AS TO FORM: Dated: December 2, 2008 LAW OFFICES OF PAUL L. REIN /s/ By PAUL L. REIN Attorneys for Plaintiff JEAN RIKER Dated: November 26, 2008 HANSON BRIDGETT MARCUS VLAHOS RUDY LLP /s/ By KEVIN D. REESE Attorneys for Defendants FRIENDLY CAB COMPANY, INC.; FRIENDLY TRANSPORTATION dba FRIENDLY CAB COMPANY; BALJIT SINGH; SURINDER K. SINGH; KEVIN ITO ORDER Pursuant to stipulation, and for good cause shown, IT IS SO ORDERED. UNIT ED 3 Dated: December __, 2008 ER N F D IS T IC T O R PAUL L. REIN 200 LAKESIDE DR., SUITE A OAKLAND, CA 94612-3503 (510) 832-5001 CONSENT DECREE AND [PROPOSED] ORDER CASE NO. C07-4616 EDL S:\SLR\CASES\F\FRIENDLY CAB\PLEADINGS\CONSENT DECREE (final filed version).PL.wpd -7- A C LI FO D lizabeth Judge E . Laport e R NIA HON. ELIZABETH D. LAPORTE United States Magistrate D DERE Judge SO OR IT IS S S DISTRICT TE C TA RT U O NO RT H

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