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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GERARDO HERNANDEZ,

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For the Northern District of California

United States District Court

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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.
/

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In this action brought under the Americans with Disabilities Act, the parties have

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submitted a consent decree and proposed order, captioned “consent decree and [proposed] order

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as to injunctive relief and damages only.” The consent decree provides for defendants to make

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certain modifications to the facility in question, including modifications that are not set to be

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completed until December 2013. It further states that “the Parties have not reached any

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agreement regarding Plaintiff’s claims for damages, attorneys’ fees, litigation expenses, and

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costs. These matters will be the subject of future negotiation or litigation as necessary. The

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Parties jointly stipulate and request that the Court not dismiss the case in its entirety as

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these issues remain unresolved.” The consent decree also does not appear to address defendants

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and cross-claimants’ claims against Rafael Guerrero, Juan Francisco Gamez Garcia, and
Taqueria El Grullense.

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The parties proposed consent decree and order is premature and incomplete.
Accordingly, the proposed order is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.

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Dated: April 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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