Hernandez v. Taqueria El Grullense et al

Filing 59

ORDER RE CONSENT DECREE AND PROPOSED ORDER by Hon. William Alsup denying 58 Stipulation.(whalc2, COURT STAFF) (Filed on 4/22/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GERARDO HERNANDEZ, 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 No. C 12-03257 WHA Plaintiff, v. ORDER RE CONSENT DECREE AND PROPOSED ORDER TAQUERIA EL GRULLENSE; JUAN FRANCISCO GAMEZ GARCIA dba TAQUERIA EL GRULLENSE; OSCAR PANGCHENG LIU; CHUCHING KUO LIU; OSCAR PANGCHENG LIU AND CHU-CHING KUO LIU, Co-Trustees for the Liu Family Trust, dated September 26, 2008; and DOES 1-10, Inclusive, Defendants. / 18 19 In this action brought under the Americans with Disabilities Act, the parties have 20 submitted a consent decree and proposed order, captioned “consent decree and [proposed] order 21 as to injunctive relief and damages only.” The consent decree provides for defendants to make 22 certain modifications to the facility in question, including modifications that are not set to be 23 completed until December 2013. It further states that “the Parties have not reached any 24 agreement regarding Plaintiff’s claims for damages, attorneys’ fees, litigation expenses, and 25 costs. These matters will be the subject of future negotiation or litigation as necessary. The 26 Parties jointly stipulate and request that the Court not dismiss the case in its entirety as 27 these issues remain unresolved.” The consent decree also does not appear to address defendants 28 and cross-claimants’ claims against Rafael Guerrero, Juan Francisco Gamez Garcia, and Taqueria El Grullense. 1 2 The parties proposed consent decree and order is premature and incomplete. Accordingly, the proposed order is DENIED WITHOUT PREJUDICE. 3 4 IT IS SO ORDERED. 5 6 Dated: April 22, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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