Scott et al v. Paradise Park Masonic Club, Inc. et al

Filing 26

CONSENT DECREE ORDER (approving 25 ). Signed by Judge Beth Labson Freeman on 8/28/2018.(blflc1S, COURT STAFF) (Filed on 8/28/2018)

ALLACCESS LAW OROUP

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.lrene Karbelashvili, State Bar Numbe1· 232223

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[e-mail]
l..akl.i Kurbelashvili, State Bar Number 302971
[e-mail]
19 North Second Sti·eet, Suite 205
San Jose, CA 95113
Telephone: [phone]
.Facsimile:
[phone]

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Attorneys for STEVE SCOTT AND SALLIE SCOTT, Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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STEVE SCOTT and SALLJE SCOTT,
Plaintiffs,

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Case No. l 8-cv-2560-BLF

CONSENT DECREE [PROPOSED]

vs.

ORDER

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PARADISE PARK MASONIC CLUB, INC.,
a Califomia corporation; STEVE POLIZZI, an
individual; KURT LIKINS, an i11dividual;
FRANK HANSWELL, a11 individual;
VERDIE POLTZZI, an individual; BILL
ECKARD, an individual; BRUCE
WILDENRADT, an individual; and DOES l·
l 0, Inclusive,

Defendants

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CONSENT DECREE AND [PROPOSE] ORDER
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RECITALS

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Plaintiffs STEVE SCOTT and SALLIE SCOTT("Plah1tiffs") filed a Co1nplaint in this
action for injunctive and decla1·utory relief and damages against PARADISE PARK MASONIC

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CLUB, INC., a California corporation; STEVE POLIZZI, a1\· individual; KURT LIKINS, an
individual; FRANK HANSWELL, an individual; VERDIE POLIZZI, an individual; BILL

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ECKARD, an individual; BRUCE WILDENRADT, an individual(collectively, "Defendants").

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Plaintiff& have alleged that Defendant violated 1'itle III of the Americans with Disabilities Act;

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the Federal Fair Housing Act; sections 51, 52, 54, 54.1, and 54.3 of the Califomia Civil Code;

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a1'ld Cal. Gov. Code § 12955 et. ,\•eq.

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Defendants det1y any wrongdoing or liability. Plaintiffs a11d Defendants (collectively the

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"Parties") have concluded that it is in their best interest to avoid protracted litigation and settle

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all disputes, differences, and disagreements which exist between them ttl'ising o\1t of this action.

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WHEREFORE, the Pa1·ties to this Consent Decree hereby agree and stipulate to the
Court's entry of this Consent Decree and Order, which provides as follows:
l. TERMS, JURISDICTION, ANp DISMISSAL:

1. The Patties to this Consent Decree and Order agree that the Comt has jurisdiction of

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this matter pursuant to 28 U.S.C. section 1331 for alleged violations of the Amel'icaus with

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Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. and the Federal Fair Housing Act, 42

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U.S.C. sections 3601 et seq. and pursuant to supplemental jurisdiction for alleged violations of

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California law. Venue is proper.

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2. All claims resolved by this Consent Decree shall be dismissed with prejudice as to all

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Defendants upon the entry of this Order. The Court shall retain jurisdiction of the Action,

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however, during the d\U'ation C>f the Ctmi;ent Decl'ee, for the purposes of entering all orders that

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may be necessary to implement the relief provided fol' herein, to determine damages and
attorneys' fees, costs, if any.
II. EQUJT ABLE RELIEF:

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3. On 01· betbre December 31, 2018, Plaintiffs shall vam1te their property at 239 Temple

Lane, Sal'lta Cruz, CA 95060 ("Subject P1·operty").
4. On or before December 31, 20 J8, Plaintiff Sallie Scott shall surrnnder her Paradise

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Parle Masonic Club membership certificate to Defendant Paradise Park Masonic Club, Inc.

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(''Club").

CONSENT DECREE AND [PROPOSE) ORDER
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5. The Club will sell the Subject Property after securing two appl'aisals, their average plus

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10% per the Club's bylaws. The Subject Property shall be sold on or before April 30, 2019.
Plaintiffs will receive full benefits of the sale of the Subject Property.
6. Plaintiffs need not and will not conduct any further repairs or construction to the
Subject PJ"operty.

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7. Upon the sale of the S\lbject Property, receipt of Mrs. Scott's membership certificate

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with written resignation, the Club will waive any and all outstanding f ecs, fines, and sanctions

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against Plaintiff.~ after the sale ot"the Subject Property.

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R. Thirty days after the sale of the Subject Property, the Club will dismiss with prejudice

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the action entitled Paradise Masonic Club Inc. v. Steve Scott, et al., Santa Cmz County Superior

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Court, Case Na. 16CV0093S.
HI. DAMAGES, ATTORNEYS' FEES. LITIGATION EXPENSES. AND COSTS

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Plaintiffs'

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.Parties have reached a sepal'ate confidential settlement agreement regarding

clai:~for datnages, attorneys' fees, litigation expenses, and costs.
JV. ENTIRE CONSENT DECREE AND ORDER

I 0. In addition to the April l 0, 2014 a11d the August 24, 2018 Settlement Agreements
executed by Plaintiffs, this Consent Decree contains the entire agreement between the Parties

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regarding all ciaims tor relief~ injunctive and any other equitable relief being asserted in this

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action, and it !lUpel'sedes all negotiations, repre!)entations, discussions understandings, contracts,

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or agreements, with regard to any non-monetary settlement terms prior to the date of this Order.
V. TERMINATION AND SATISFACTION

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11. This Consent Decree and Order shall be in full force and effect for a period of 18
months from the date of entry and the date of Court shall retain jurisdiction of this action to
enforce provisions of this Order during the aforcnumtioned tem'l.
VI. SEVERABILITY

12. If any term of this Consent Decree and Ot·del' is detennined by any court to be
unenforceable, the other terms of this Consent Decree and Order shall nonetheless remain in full
force and effect.

yTI ..SEYERABlLJTV
13. All time lines set forth in this Consent Decree are subject to extension by mutual
agreement of the Parties, set forth h1 writing sigi1ed by the Parties or their counsel.

CONSENT DECREE AND [PROPOSE] ORDER
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VIII. EXECUTION OF THIS CONSENT DFJCREE
This Consent Decree may be e~ccuted in counterpart signatures, and 11uch

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signatur<s may be attached in countetparts. each of which shall be deemed an original, and

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which together sha11 constitute one and the same instrument. Such counterparts may be signed

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4 faxed signatures, which shall have the same force and effect as original signatures. The

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undersigned. hereby consent to the foregoing Consent Decree.

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Date: _,___;;....;...;.........t-=---'---STEVE SCOTT

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Date:

c;/d1 L~o1r"

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By:~.~~
sALIJB sco·rr
PARADISE PARK MASONIC CLUB, INC..

Date:

By:_.-----------

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Title: ________________

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17 App~ved as to form:
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Date:

By:

8/27/2018

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t'.•••

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Attorney for Plaintiffs

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IRENE .KARBELASHVILI,

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t/)) r /
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Date:

cg/2f UJ>l 8

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>tvr;tf/J J

fyLowicAt-

Attomey for Defendants

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CONSENT DECREE AND (PROPOSE] ORDER
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YID. EXECUTION OF THIS CONSENT DECREE
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This Consent Decree may be executed in counterpart signatures, and such

signatures may be attached in counterparts, each of which shall be deeined an original, and
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which together shall constitute one and the same instrument. Such countet"parts may be signed e
faxed signatures, which shall have the same force and effect as original siguatllres. The
undersisned hereby consent to the fore_goin. Consent Decree.
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Date: - - - - - - -

By: ______~~~~--~
STEVE SCOTT

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Date:

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By:~~-~~-------~
SALLIE SCOTT

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Date:

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Approved as to fonn:

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Date: - - - -- - -

By: _ _ _ _ _ _ _ _ _ _ __
IRENE KARBELASHVILI,

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Attorney for Plaintiffs

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By:

Date: - - - -- - -

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Attorney for Defendants

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CONSENT DECREE AND [PROPOSE] ORDER
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[PROPOSED] ORDER

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Pursuant to stipulatio11, and 'for good cause show11, IT IS SO ORDERED.

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Dated:
U11ited States District Judge

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CONSENT DECREE AND [PROPOSE] ORDER

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