Gonsalves et al v. Target Corporation et al

Filing 21

STIPULATION AND ORDER dismissing defendant Madison Bayfair, LLC with prejudice. Madison Bayfair, LLC terminated. Signed by Judge Thelton E. Henderson on 03/16/10. (rbe, COURT STAFF) (Filed on 3/17/2010)

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

Robert A. Naeve (State Bar No. 106095) [e-mail] JONES DAY 3161 Michelson Drive, Suite 800 Irvine, California 92614 Telephone: [phone] Facsimile: [phone] Aaron L. Agenbroad (State Bar No. 242613) [e-mail] JONES DAY San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants TARGET CORPORATION and PIZZA HUT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JAMES GONSALVES and MARY FOWLER, Plaintiffs, v. TARGET CORPORATION; MADISON BAYFAIR, LLC; PIZZA HUT, INC.; AND DOES 1-10, INCLUSIVE, Defendants.

Case No. C09-03966 TEH Assigned for all purposes to Honorable Thelton E. Henderson STIPULATION REGARDING DISMISSAL WITH PREJUDICE OF DEFENDANT MADISON BAYFAIR, LLC [[Proposed] Order Submitted Concurrently Herewith]

Plaintiffs James Gonsalves and Mary Fowler ("Plaintiffs") and Defendants Target Corporation, Pizza Hut, Inc., and Madison Bayfair, LLC (collectively, "Defendants") stipulate and jointly move the Court for an order dismissing Defendant Madison Bayfair, LLC for the reasons set forth herein:

Stipulation Regarding Dismissal Case No. C09-03966 TEH

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

1.

On August 27, 2009, Plaintiffs filed this action asserting claims against Defendants

for injunctive relief and damages pursuant to California Civil Code sections 51, 52, 54, 54.1, 54.3, and 55; California Health & Safety Code sections 19955 et seq.; and a claim for injunctive relief pursuant to Title III of the Americans with Disabilities Act. Plaintiffs allege that they are physically disabled and that on multiple occasions since August 27, 2007, they have patronized or attempted to patronize the Target department store located at 15555 East 14th Street, Suite 400, San Leandro, California (the Target department store is hereinafter referred to as the "Property"). Plaintiffs further allege that the Property is inaccessible to Plaintiffs and other allegedly disabled persons. 2. Target Corporation has owned the Property since January 23, 2006, and is solely

responsible for operating and maintaining the Property, including the areas that Plaintiffs allege are inaccessible. 3. Madison Bayfair, LLC and its affiliates and subsidiaries have not owned, operated,

managed, or controlled the Property or any areas within the Property since January 23, 2006. 4. Defendants Target and Pizza Hut will not, in future proceedings associated with

this case, allege that Madison Bayfair, LLC is responsible for any of the acts or omissions alleged by Plaintiffs or claim that any of Plaintiff's attorneys' fees should be attributed solely to Madison Bayfair, LLC. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 2
Stipulation Regarding Dismissal Case No. C09-03966 TEH

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
\\\ \\\ \\\ \\\ \\\ \\\

5.

Accordingly, Plaintiffs agree to dismiss their Complaint with prejudice against

defendant Madison Bayfair, LLC. Dated: March 15, 2010. JONES DAY

By:

/S/ Aaron Agenbroad Aaron Agenbroad

Attorneys for Defendants TARGET CORPORATION and PIZZA HUT, INC. E-mail: [e-mail] Dated: March 15, 2010. LAW OFFICES OF PAUL REIN

By:

/S/ Paul Rein Paul Rein

Attorneys for Plaintiffs JAMES GONSALVES and MARY FOWLER E-mail: [e-mail]

3

Stipulation Regarding Dismissal Case No. C09-03966 TEH

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
4
Stipulation Regarding Dismissal Case No. C09-03966 TEH
SFI-632363v1

Dated: March 15, 2010.

BRADLEY & GMELICH

By:

/S/ Dean Guerrero Dean Guerrero

Attorneys for Defendant MADISON BAYFAIR, LLC E-mail: [e-mail]

PROPOSED ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

03/16/10 Dated

UNIT ED

S DISTRICT TE C TA Honorable Thelton E. Henderson

RT U O

United States District Court Senior Judge

S

ER

N

F D IS T IC T O R

A

C

LI

FO

helton Judge T

E. Hend

erson

R NIA

NO

RT

H