Jaramillo v. Trott Properties LLC et al

Filing 18

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)

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Case 3:20-cv-01511-MMA-LL Document 18 Filed 11/20/20 PageID.98 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GLORIE JARAMILLO, Case No.: 20cv1511-MMA-LL Plaintiff, 12 13 v. 14 ORDER GRANTING JOINT MOTION FOR ENTRY OF JOINT STIPULATION ON FACT REGARDING DEFENDANTS’ WHEREWITHAL AND DISCOVERY RESPONSES TROTT PROPERTIES, LLC; TRINH THI NGUYEN; and DOES 1-10, 15 16 Defendants. 17 [ECF No. 17] 18 19 On November 18, 2020, the parties filed a joint motion titled “Joint Stipulation on 20 Fact Regarding Defendants’ Wherewithal and Discovery Responses.” ECF No. 17. It sets 21 forth the following stipulations: 22 23 24 25 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. 26 27 28 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 1 20cv1511-MMA-LL Case 3:20-cv-01511-MMA-LL Document 18 Filed 11/20/20 PageID.99 Page 2 of 2 1 2 3 4 5 6 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. 7 8 9 10 11 12 13 14 15 16 17 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 18 19 20 21 22 23 24 25 26 27 28 2 20cv1511-MMA-LL

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