Dytch v. Mi Casa Properties, LLC

Filing 14

STIPULATION AND ORDER GRANTING EXTENSION OF TIME TO PERFORM REMEDIAL WORK re 13 Stipulation filed by Mi Casa Properties, LLC. Signed by Judge Phyllis J. Hamilton on 7/6/11. (nah, COURT STAFF) (Filed on 7/6/2011)

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BRUCE NAPELL (State Bar No. 115116)
BRYAN W. DILLON (State Bar No. 203052)
SINGLER, NAPELL & DILLON, LLP
127 S. Main Street
Sebastopol, California 95472
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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127 S. Main Street, Sebastopol, CA 95472
[phone] [phone] Fax

SINGLER, NAPELL & DILLON, LLP

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ALBERT DYTCH, an individual;

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Plaintiff,

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CASE NO.: CV-09-4888 PJH
STIPULATION GRANTING
EXTENSION OF TIME TO PERFORM
REMEDIAL WORK

vs.
MI CASA PROPERTIES, LLC, a
California Limited Liability Company,
Defendant.

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STIPULATION FOR ORDER EXTENDING TIME FOR PERFORMANCE OF

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REMEDIAL WORK

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1.

On October 13, 2009, plaintiff filed this action with the Court.

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2.

In June, 2010, the parties entered into a Settlement Agreement pursuant to

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which Defendant agreed to perform specific remedial work to the Maya Palenque restaurant
premises which the parties agreed would result in the removal of barriers to access in
compliance with the requirements of Federal and State law. The settlement agreement also
provided for payment by Defendant to Plaintiff of damages and attorneys’ fees, with payments
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428/04/0047.2

Stipulation Extending Time

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to be made in nine monthly installments.

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3.

On June 16, 2010 the Court dismissed this action with prejudice,

pursuant to the parties’ Stipulation of Dismissal. Pursuant to the Order the Court retained
jurisdiction to enforce the terms of the settlement, as provided in Kokkonen v. Guardian Life
Insurance Co. Of America, 511 U.S. 375 (1994).

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4.

Defendant has made all payments to Plaintiff required under the settlement

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agreement. Due to lack of financial resources, and to the death on April 1, 2011 of Defendant’s

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principal, Defendant has not been able to perform the agreed upon remedial work, and will not

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be able to do so by the deadline established in the Settlement Agreement.

127 S. Main Street, Sebastopol, CA 95472
[phone] [phone] Fax

SINGLER, NAPELL & DILLON, LLP

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5.

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On or about November 3, 2010 Defendant (along with its principal and an

associated entity) was again sued for violation of the State and Federal disabled access laws.
That now pending matter is Mendoza v. Maya Palenque Restaurant, et al., N.D. California
Action No. 10-4978).
6.

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The parties therefore agree that the deadline for completion of the

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remedial work agreed to in the Settlement Agreement in this matter is extended for six

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months, until December 12, 2011, and that any associated deadlines are similarly extended.

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Provided, however, that if the matter of Mendoza v. Maya Palenque Restaurant is settled

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within that time, and a schedule for completion of remedial work is agreed to and approved
by the Court in conjunction with the settlement of that matter, the terms of that settlement
(solely with regard to the scope and timing of remedial work at Maya Palenque Restaurant)
will supersede the terms of the Settlement Agreement in this matter.

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7.

Settlement Agreement for an additional six months, or until June 16, 2012.

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The Parties further request that the Court retain jurisdiction to enforce the

STIPULATION
All parties, through their respective counsel hereby stipulate that, subject to Court
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428/04/0047.2

Stipulation Extending Time

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approval, Defendant Mi Casa Properties, LLC shall have an extension of six months of its time

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for completing the remedial work agreed to in the Settlement Agreement herein, and the Court

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retains jurisdiction to enforce the terms of the Settlement Agreement until June 16, 2012.

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Further, that if the matter of Mendoza v. Maya Palenque Restaurant (N.D. California
Action No. 10-4978) is settled within that time, and a schedule for completion of remedial work
is agreed to and approved by the Court in conjunction with that settlement, the terms of that
settlement (solely with regard to the scope and timing of remedial work at Maya Palenque
Restaurant) will supersede the terms of the Settlement Agreement in this matter.

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Dated: June 28, 2011

By:

/s/
Bruce Napell
Singler, Napell & Dillon, LLP
127 S. Main Street
Sebastopol, CA 95472
707-823-8719
Attorney for Defendant Mi Casa Properties, LLC

By:

/s/
Thomas N. Stewart, III
369 Blue Oak Lane, 2nd Floor
Oakland, CA 94517
925-672-8452
Attorney for Plaintiff Albert Ditch

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Dated July ___, 2011

PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DISTR

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Judge P

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428/04/0047.2

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hyllis J.

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JUDGE
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United States District Court
Northern District of Californiailton
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127 S. Main Street, Sebastopol, CA 95472
[phone] [phone] Fax

SINGLER, NAPELL & DILLON, LLP

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Stipulation Extending Time