Meggs v. Campus Village LLC

Filing 20

ORDER Granting 19 Unopposed Motion for Approval of Settlement Agreement and Release and for Dismissal with Prejudice. Signed by Judge James C. Mahan on 1/7/2015. (Copies have been distributed pursuant to the NEF - SLR)

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Case 2:14-cv-01202-JCM-NJK Document 19 Filed 01/07/15 Page 1 of 3

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BRUCE C. YOUNG, ESQ., Bar #5 560
LITTLER MENDELSON
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
702.862.8800
Telephone:
702.862.8811
Fax No.:
byounglittler.com
E-mail:
Attorneys for Defendant
CAMPUS VILLAGE LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN MEGGS, Individually,
Plaintiff,

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vs.

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CAMPUS VILLAGE LLC, a Nevada
Limited Liability Company,

Case No. 2:14-cv-01202-JCM-NJK
JOINT MOTION FOR APPROVAL OF
SETTLEMENT AGREEMENT AND
RELEASE AND FOR DISMISSAL WITH
PREJUDICE

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Defendant.
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Plaintiff JOHN MEGGS (“Plaintiff’) and Defendant CAMPUS VILLAGE (“Defendant”)

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(Plaintiff and Defendant shall be referred to collectively as the “Parties”), by their undersigned

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counsel, jointly move for the entry of an Order approving the parties’ Settlement Agreement and

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Release (attached as Exhibit 1, hereto), retaining jurisdiction only as necessary to enforce the

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Settlement Agreement, and otherwise dismissing this action with prejudice.

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MEMORANDUM OF POINTS AND AUTHORITIES

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Plaintiff initiated this suit for injunctive relief and damages under Title III of the Americans

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with Disabilities Act (“ADA”). See [Dkt. #11. Plaintiff alleged there were architectural barriers

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existing at Defendant’s commercial property that constituted violations of the Americans With

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Disabilities Act and that unlawfully limited the Plaintiffs access to that property. Defendant filed an

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Answer [Dkt. #10] denying the allegations of the Plaintiffs Complaint and raising affirmative

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defenses to Plaintiffs claim.

LITTLER MENDELSON
ATTORNEYS AT LAw

3960 HOward Hughes ERTEWSY
AcHe 300
OS Vegas NV 88169 5937
702.862 8800

Case 2:14-cv-01202-JCM-NJK Document 19 Filed 01/07/15 Page 2 of 3

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The parties have now reached an agreement to voluntarily resolve all of the issues raised in

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the litigation as reflected in the attached Settlement Agreement and Release (Exhibit 1).

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Accordingly, the parties now move for the entry of the attached, proposed Order (Exhibit 2)

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approving the settlement and dismissing this action with prejudice.

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Particularly in litigation arising under Title III of the ADA, there is a clear policy in favor of

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encouraging and approving settlements. Thus, where judicial approval of settlements is sought or

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required, the Court’s approval should be given so long as the settlement is fair, adequate and

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reasonable, and is not the product of collusion between the parties. Bennett v. Behring Corp., 737

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th
F.2d 982 (1 1 Cir. 1984).

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In this case, the Court should approve the parties’ Settlement Agreement and Release.

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Defendant has agreed to make numerous structural modifications to provide greater accessibility for

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disabled patrons, even though disputing the allegations that the property was otherwise inaccessible

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or that such modifications are “readily achievable,” and with no such finding of liability having been

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made. Moreover, the settlement reached is the most efficient and effective means to allow Plaintiff
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and others similarly situated continued access to the property. In addition, the Settlement Agreement

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provides a simple scheme for addressing any additional or similar issues that might arise in the

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future.

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The Settlement Agreement and Release is also reasonable. The Settlement Agreement and

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Release was reached after arms-length negotiations between counsel experienced in ADA Title III

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matters. The Settlement Agreement and Release also provides the greatest degree of uniformity in

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maintaining consistent solutions to accessibility and modification issues at the property. Finally, the

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Settlement Agreement and Release avoids the risks inherent in further litigation for both sides, the

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costs of continuing the litigation, and the delay in achieving such results. In light of the benefits to

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the parties offered by the Settlement Agreement and Release, as opposed to the expense, delay and

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risk entailed in further litigation, it is respectfully submitted the Court should approve the Settlement

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Agreement and Release.

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LITTLER MENDELSON
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3960 Hw.,d H P,rk*,y
SV., 306
NV 89169.NN3V
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792 862.8600

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Case 2:14-cv-01202-JCM-NJK Document 19 Filed 01/07/15 Page 3 of 3

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WHEREFORE, the parties jointly request the Court to review their Settlement Agreement

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and Release and enter the attached proposed Order approving the Settlement Agreement and Release

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and otherwise dismissing this action with prejudice.

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Dated: January 6, 2015

Dated: January 6, 2015

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Respectfully submitted,

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Is! Robert Spretnak, Esq.
ROBERT SPRETNAK, ESQ.
LAW OFFICES OF ROBERT SPRETNAK

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P.C.

Attorneys for Plaintiff
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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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Dated:

January 7, 2015

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LiTTLER MENDELSON
ATTORNEYS AT LAW
3960 Howard H0QIIAE Parkway

Sorle 300
LEE VegaY. NV 69169-5937
702 862 8800

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Case 2:14-cv-01202-JCM-NJK Document 19-1 Filed 01/07/15 Page 1 of 7

EXHIBIT”1”

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EXHIBIT “1”

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Case 2:14-cv-01202-JCM-NJK Document 19-1 Filed 01/07/15 Page 2 of 7

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

JOHN MEGOS,

Plaintiff,
Case No.2: I 4-cv-O I 202-JCM-NJK

vs.
CAMPUS VILLAGE L.LC,
Defendant.

SETTLEMENT AGREEMENT AND RELEASE
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This Settlement Agreement and Release (“Agreement”) is entered into by and between
Plaintiff John Meggs, and Defendant, Campus Village LLC, on the date last executed below
(“Effective Date”).
WHEREAS, Campus Village is the owner/lessor of the property located at 4440 South

Maryland Parkway and 1220 B. Harmon Road, in Paradise, Nevada 89119 (hereinafter
collectively referred to as “the Premises”), and leases the Premises to several different tenants
that operate independent retail businesses on the Premises; and

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WHEREAS, Plaintiff has sued Campus Village and claimed that there are architectural
banicis existing at the Premises that constitute violations of the Americans with Disabilities Act
as amended (“ADA”) and of Nevada Revised Statutes §651.070, and that unlawfiully limit
Plaintiff’s access to the Premises (“Lawsuit”);
WHEREAS, Campus Village has denied the allegations in the Lawsuit and raised
defenses thereto; and

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NOW THEREFORE, the Parties wishing to mutually resolve all matters in dispute, and
without any admission of liability or wrongdoing, have agreed to the following terms and
conditions:
A

Modifications to the Premises

Campus Village agrees to modi1’ the Premises by addressing each of the violations
specifically alleged in Paragraph 10 of the Complaint and, as to those specific violations,
modi1’ing the Premises as necessary to bring those elements into compliance with the 2010
ADA Accessibility Standards. Providan’. that if within the one year term of this Settlement
Agreement Campus Village or the tenants occupying the property cease, in whole or in part,
operating places of public accommodation at the Premises, then no

SUCh

modifications shall be

required as to those portions of the Premises (hat arc no longer operating as plaqes of public
accommodation.
Plaintiff shall not assert that Campus Village nor any other person or entity, including the
tenants, shall have any further obligation to make additional or different modifications to the
Premises.

All alterations, modifications, and policies required by this Agreement shall be

completed by Campus Village within one year from the effective date of this Agreement. The
Parties agree that any delays in making the Modifications to the Premises caused by third parties,
Including but not limited to the tenants, construction contractors, or city building officials,
inspectors, or permitting departments, will not be deemed to render compliance untimely so long
as Campus Village makes a good faith effort to effect implementation as soon as reasonably
possible thereafter.
Upon completion and within the time frame provided herein to complete the
Modifications, Campus Village shall provide Plaintiff, through his counsel, written notice of said

-2Ffrmwidc D433743 052024 1001

Case 2:14-cv-01202-JCM-NJK Document 19-1 Filed 01/07/15 Page 4 of 7

completion. Upon receipt of such notice, Plaintiff shall have six (6) months to make inspection
of the Premises to verit’ the Modifications have been properly completed.
B.

Release

For and in consideration of the covenants contained herein, and in consideration of the
total payment described in Section C below. Plaintiff and his successors, assigns, heirs, agents,
attorneys, and any other person claiming by or through any of the foregoing persons or otherwise
purporting to represent Plaintiff; hereby release, acquit and forever discharge Campus Village, its
agents, employees.. contractors, independent contractors, consultants, experts, heirs, executors,
officers. successors-in-interest. shareholders. directors, attorneys, insurers, indemnitors,
predecessors, assignees, insurers, franchisors, subsidiaries, affiliates, partners, managers,
members, and/or administrators, of and from any and all past, present, and future rights, actions,

causes of actions, claims, allegations, demands, damages, costs, expenses, attorney fees (alleged
or incurred), penalties. liens, and liabilities relating in any way to the Premises. including but not
limited to, those specifically alleged by Plaintiff’ in the

C.

Lawsuit.

Payment of Costs and Attorneys Fees

Campus Village shall cause to be paid to Plaintiff’s counsel, Fuller, Puller & Associates,
P.A. and The Law Offices of Robert P. Spretnuk an amount in complete satisfaction of Plaintiff’s

claims for attorneys’ fees, litigation expenses and expert fees, and costs incurred
date and to be incurred

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in

this matter to

the future in connection with finalizing this Agreement, including

obtaining Court approval of this Agreement and dismissal of the Lawsuit, The amount to be paid
shall be determined by agreement of counsel for the Parties but if no ngreement is reached, then
the amount will be determined by the Court (“Settlement Payment”). The Settlement Payment
shall be paid to Plaintiff’s counsel in the form of a check, payable to “Fuller, Fuller &

FImw,de. 130433174.3082034.1001

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Case 2:14-cv-01202-JCM-NJK Document 19-1 Filed 01/07/15 Page 5 of 7

Associates, P.A.” and conditioned upon an executed IRS Form W-9 from Fuller, Fuller &
Associates, PA,, being provided to Campus Village prior to payment.

Payment shall be

delivered to Plaintiff’s counsel within ten (JO) business days of the date the Court enters an
Order approving this Settlement Agreement and dismissing the Lawsuit, with prejudice. The
Settlement Payment compensates Plaintiff. John Meggs for any and all claims, whether monetary
and/or non-monctwy, including all the claims released in Section B above, and any future claims
for attorneys’ fees,

Costs,

and/or other expenses, whether known or unknown, with the exception

of attorney’s fees, costs or expenses incurred in any action to enforce this Agreement.
D.

No Admission

This Agreement, and the agreement of Campus Vii iagc to make the Modifications, is not
and shall not be construed as an admission by Campus Village, its tenants nor any person or
entity acting on their behalf, of any liability or any act of wrongdoing.
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Court Approval/Dismissal of Lawsuit

Upon (he execution of this Agreement. the Parties hereby agree and will request the
Court to adopt and approve the terms of this Agreement, reserve jurisdiction to enforce this
Agreement, and to otherwise dismiss with prejudice all claims which were or could have been
brought in the LawsuIt. This Agreement shall become effective only when approved by the
Court and when the Lawsuit is otherwise dismissed with prejudice.
F.

Successors & Assigns

This Agreement shall be binding upon and inure to the benefit of the parties to this
Agreement and their respective predecessors. successors and/or assigns,

DATED:

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Jol9Meggs

*4Fi,mwidg 130433174.3 082024.1 001

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Case 2:14-cv-01202-JCM-NJK Document 19-1 Filed 01/07/15 Page 6 of 7

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By Campus Village LLC
a Nevada limttcd liabthty company
By Ametican Nevada Company, LLC
a Nevada hnuted liability company

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DATED

By
PhiLlip N. Ralston
its: President

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By: Campus Village Manager Corporation
a Nevacb corporation

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DATED:

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Its:

Michael A, Saltthan
President

APPROVED AS TO FORM:
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DATED:
Robert Spràtnak, Esq.
8275 S. Eastern Avenue, Suite 200
Lus Vegas, NV 89123
Telephone: [phone]
Attorneys for PJainiiff

DATED:.
Bee C

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Hughes arkway, Suite 300
89.. 5937

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Firmwide;130433174,3 O2O24.lODI

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rCampus Village

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Case 2:14-cv-01202-JCM-NJK Document 19-1 Filed 01/07/15 Page 7 of 7

Campus Village
By:___________________

DATED:____________

Its:___________________________________

APPROVED AS TO FORM:

DATED:

afza

/zoi

Robert Spretna
sq.
8275 S. Eastern Avenue Suite 200
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Las Vegas, NV 89 123
Telephone: [phone]
Attorneys for Plaintiff

DATED:_______________

Bruce C. Young, Esq.
Littler Mendelson, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas,NV 89169-5937
(702) 862-8 800
Attorneys for Campus Village

-5miwdc: 130433174.3 082024. 001

Case 2:14-cv-01202-JCM-NJK Document 19-2 Filed 01/07/15 Page 1 of 2

EXHIBIT “2”

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EXHIBIT “2”

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Case 2:14-cv-01202-JCM-NJK Document 19-2 Filed 01/07/15 Page 2 of 2

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BRUCE C. YOU1JG, ESQ., Bar #5560
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, NV 89169-5937
702.862.8800
Telephone:
702.862.8811
Fax No.:

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Attorneys for Defendant
CAMPUS VILLAGE LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:14-cv-01202-JCM-NJK

JOHN MEGGS, Individually,
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Plaintiff,

IPROPOSED] ORDER GRANTING JOINT
MOTION FOR APPROVAL OF
SETTLEMENT AGREEMENT AND
RELEASE AND FOR DISMISSAL WITH
PREJUDICE

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vs.
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CAMPUS VILLAGE LLC, a Nevada
Limited Liability Company,
Defendant.

THIS CAUSE having come before the Court upon the Parties’ Joint Motion for Approval of
Settlement Agreement and Release and for Dismissal With Prejudice, it is hereby
ORDERED, ADJUDGED and DECREED that the Joint Motion for Approval of Settlement
Agreement and Release and for Dismissal With Prejudice is granted and the parties’ Settlement
Agreement is approved. The Court reserves jurisdiction only as necessary to enforce the terms of the
Settlement Agreement and Release. Otherwise, this action, and each claim which was or could have
been brought therein, is dismissed with prejudice, without an award of costs or attorney’s fees to any
party by this Court.
IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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January 7, 2015
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LITTLER MENDELSON. P.
ATTORNEYS Al lAW

V96D HOWNIA HYAAAR PE,OWEY
Sile 300
L.,
NV SAl SO-SOOT
702 862 6800

Dated: