Jaramillo v. Trott Properties LLC et al
ORDER Granting 17 Joint Motion for Entry of Joint Stipulation on Fact Regarding Defendants' Wherewithal and Discovery Responses. Signed by Magistrate Judge Linda Lopez on 11/20/2020. (tcf)
Case 3:20-cv-01511-MMA-LL Document 18 Filed 11/20/20 PageID.98 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 20cv1511-MMA-LL
ORDER GRANTING JOINT
MOTION FOR ENTRY OF JOINT
STIPULATION ON FACT
WHEREWITHAL AND DISCOVERY
TROTT PROPERTIES, LLC;
TRINH THI NGUYEN; and
[ECF No. 17]
On November 18, 2020, the parties filed a joint motion titled “Joint Stipulation on
Fact Regarding Defendants’ Wherewithal and Discovery Responses.” ECF No. 17. It sets
forth the following stipulations:
Plaintiff: Plaintiff will currently forbear from propounding any discovery that
seeks information concerning the financial status, ability, or wherewithal of
the Stipulating Defendants. Plaintiff also withdraws all discovery already
propounded concerning this information, including but not limited to:
Interrogatories, Set One, No. 9 and Request for Production of Documents, Set
One, No. 12.
Stipulating Defendants: The Stipulating Defendants hereby declare that in
determining whether the removal of a BARRIER is READILY
ACHIEVABLE, factors such as the (1) Stipulating Defendant’s financial
Case 3:20-cv-01511-MMA-LL Document 18 Filed 11/20/20 PageID.99 Page 2 of 2
resources; (2) the facility’s financial resources; (3) the “effect on expenses and
resources”; and (4) impact on finances, shall NOT be raised by
STIPULATING DEFENDANTS as a defense as to why the Stipulating
Defendant cannot remedy and/or remove those alleged BARRIERS.
NOTE: Stipulating Defendants are not stipulating (A) liability to the
Plaintiff; (B) that the above identified barrier removals are required by law;
(C) that the above referenced barriers exist; or (D) that they are subject to the
ADA or related state disability access laws.
NOTE: The parties understand that the Plaintiff reserves her right to seek
financial information in support of a claim for punitive damages. However,
Plaintiff will forbear from seeking that information until Plaintiff believes that
further discovery information warrants the prosecution of a punitive damages
claim against the Stipulating Defendants. Even if Plaintiff reaches a decision
that a punitive damages claim should be prosecuted, Plaintiff will,
nonetheless, wait until the end of the discovery window to request such
information so as to allow maximum opportunity for resolution of the case.
Id. at 2–3.
The Court GRANTS the joint motion for entry of the parties’ Joint Stipulation on
Fact Regarding Defendants’ Wherewithal and Discovery Responses.
IT IS SO ORDERED.
Dated: November 20, 2020
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