Bessey v. Celebrity Cruises, Inc. et al

Filing 29

STIPULATION FOR DISMISSAL AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 12/21/2011. (bzsec, COURT STAFF) (Filed on 12/21/2011)

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Paul L. Rein, Esq. (SBN 43053)
Celia McGuinness, Esq. (SBN 159420
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510-832-4787
Brian Gearinger, Esq. (SBN 146125)
GEARINGER LAW GROUP
825 Van Ness Ave., 4th Floor
San Francisco, CA 94109-7837
Telephone: [phone]
Facsimile: 415-440-3103

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Attorneys for Plaintiff DONALD BESSEY
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KAYE, ROSE & PARTNERS, LLP
André M. Picciurro, Esq. (SBN 239132)
402 W. Broadway, Suite 1300
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619-232-6577
Attorneys for Defendants
CELEBRITY CRUISES, INC.;
ROYAL CARIBBEAN CRUISES, LTD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONALD BESSEY,

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Case No.: C08-04862 BZ
Complaint Filed: October 23, 2008

Plaintiff,
STIPULATION FOR DISMISSAL AND
[PROPOSED] ORDER

v.

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CELEBRITY CRUISES, INC.; ROYAL
CARIBBEAN CRUISES LTD; and DOES
1-10, inclusive,

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Defendants.

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RECITALS
1.

Plaintiff DONALD BESSEY filed a Complaint in this action on October 3,

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2008, to obtain recovery of damages for personal injury, alleged misrepresentations, and for

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his alleged discriminatory experiences, denial of access, and denial of civil rights, and to
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Stipulation for Dismissal and [Proposed] Order

Case No.
C08-04862 BZ

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enforce provisions of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§

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12101 et seq., and California civil rights laws against defendants CELEBRITY CRUISES,

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INC.; ROYAL CARIBBEAN CRUISES LTD; AND DOES 1-10, INCLUSIVE, relating to the

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condition of their public accommodations at the time of Plaintiff’s visit on board the cruise

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ship MILLENNIUM, as alleged in the complaint, and continuing (the “Lawsuit”). Plaintiff

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has alleged in the Lawsuit that defendants violated Title III of the Americans with Disabilities

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Act of 1990, and California Civil Code §§ 51, 52, 54, 54.1, 54.3 and 55, by failing to provide

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full and equal access to their facilities on the MILLENNIUM cruise ship, while in port in San

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Francisco, California, and while at sea.

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2.

Defendants Celebrity Cruises, Inc., operator of the MILLENNIUM, and Royal

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Caribbean Cruises Ltd. deny the allegations in the Lawsuit and do not admit liability to any of

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the allegations in the Lawsuit, or the applicability of either the Americans with Disabilities Act

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of 1990 or the California Civil Code sections 51, 52, 54, 54.1, 54.3 and 55 to any of plaintiff’s

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claims.

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3.

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

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litigation, the parties agreed to entry of a Consent Decree and Order with respect to the

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injunctive aspects of plaintiff’s claims and a separate, confidential, monetary settlement

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(damages, penalties, attorneys’ fees, and litigation expenses/costs).

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4.

Plaintiff acknowledges receipt of payment for agreed damages, penalties,

attorneys’ fees, and litigation expenses costs.

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5.

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On December 9, 2011, this Court entered the Consent Decree and Order.
STIPULATION

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The parties, through their attorneys of record, hereby stipulate as follows:

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1.

This action shall be dismissed with prejudice.

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2.

The Court shall retain jurisdiction of this action to enforce provisions of the

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Consent Decree and Order for two years after the date of entry of the Consent Decree and

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Order.

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///
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Stipulation for Dismissal and [Proposed] Order

Case No.
C08-04862 BZ

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GENERAL ORDER NO. 45 CERTIFICATION

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Pursuant to General Order No. 45, the filer attests that authorization for use of

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electronic signature was obtained from the other signatories, which shall serve in lieu of their

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signature on this document.

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Dated: December 16, 2011

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LAW OFFICES OF PAUL L. REIN
GEARINGER LAW GROUP

By:

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/s/Brian Gearinger
By Email Authorization
Attorneys for Plaintiff DONALD BESSEY

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Dated: December 16, 2011

KAYE, ROSE & PARTNERS, LLP

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By:

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/s/André M. Picciurro
André M. Picciurro
Attorney for Defendants CELEBRITY
CRUISES, INC., and ROYAL
CARIBBEAN CRUISES LTD.

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ORDER

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The Court hereby dismisses plaintiff’s Complaint in its entirety with prejudice.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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December 21
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Dated: ________________, 201__

__________________________________
Honorable BERNARD ZIMMERMAN
United States Magistrate Judge

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Stipulation for Dismissal and [Proposed] Order

Case No.
C08-04862 BZ

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CERTIFICATE OF SERVICE
I, the undersigned, hereby certifies that all counsel of record who are deemed to have

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consented to electronic service of documents are being served with a copy of the foregoing

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document via the Court's CM/ECF system pursuant to Local Rules.

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/s/ André M. Picciurro
André M. Picciurro

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Certificate of Service

Case No.
C08-04862 BZ