1 PAUL L. REIN, Esq. (SBN 43053) 2 AARON M. CLEFTON, Esq. (SBN 318680) REIN & CLEFTON, Attorneys at Law 3 200 Lakeside Drive, Suite A Oakland, CA 94612 4 Telephone: 510/832-5001 Facsimile: 510/832-4787 5 info@reincleftonlaw.com
6 Attorneys for Plaintiff JOHN VELEZ 7 Richard Morin (SBN 285275) 8 Law Office of Rick Morin, PC 555 Capitol Mall Suite 750 9 Sacramento, CA 95814-4508 Phone: (916) 333-2222 10 Email: legal@rickmorin.net
11 Attorneys for Defendant OLD SUGAR MILL WINERY, LLC 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA
14 JOHN VELEZ Case No. 2:21-cv-2097-KJM-AC 15 Civil Rights Plaintiff, 16 COURT ENFORCEABLE v. SETTLEMENT AGREEMENT AND 17 ORDER FOR INJUNCTIVE RELIEF OLD SUGAR MILL WINERY, LLC, FOR INJUNCTIVE RELIEF 18 Defendant. Action Filed: November 12, 2021 19
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22 1. Plaintiff JOHN VELEZ filed a Complaint in this action on November 12, 23 2021, to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 24 U.S.C. §§ 12101 et seq., and California civil rights laws and to obtain recovery of damages 25 for discriminatory experiences, denial of access, and denial of civil rights against Defendant 26 OLD SUGAR MILL WINERY, LLC. Plaintiff has alleged that Defendant violated Title III 27 of the ADA; Sections 51, 52, 54, 54.1, and 54.3 of the California Civil Code; and Health and 28 1 Safety Code §§ 19953 et. seq. by failing to provide full and equal access to patrons and their 2 service dogs at the Old Sugar Mill located at 35265 Willow Ave, Clarksburg, California. 3 2. In order to avoid the costs, expense, and uncertainty of protracted litigation, 4 Plaintiff JOHN VELEZ and Defendant OLD SUGAR MILL WINERY, LLC (together 5 sometimes the “Signing Parties”) agree to entry of this Court Enforceable Settlement 6 Agreement and Order to resolve all claims regarding injunctive relief, damages, and 7 attorneys’ fees, litigation expenses and costs, raised in the Complaint without the need for 8 protracted litigation. Accordingly, the Signing Parties agree to the entry of this Order 9 without trial or further adjudication of any issues of fact or law concerning Plaintiff’s claims 10 for relief. 11 12 JURISDICTION: 13 3. The Signing Parties to this Court Enforceable Settlement Agreement and 14 Order agree that the Court has jurisdiction of this matter pursuant to 28 U.S.C. section 1331 15 for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. sections 16 12101 et seq. and pursuant to supplemental jurisdiction for alleged violations of California 17 Civil Code sections 51, 54, and 54.1. 18 WHEREFORE, the Signing Parties to this Court Enforceable Settlement Agreement 19 hereby agree and stipulate to the Court's entry of this Court Enforceable Settlement 20 Agreement and Order, which provide as follows: 21 22 SETTLEMENT OF INJUNCTIVE RELIEF: 23 4. This Order shall be a full, complete, and final disposition and settlement of 24 Plaintiff’s claims against Defendant for injunctive relief that have arisen out of the subject 25 Complaint. 26 5. The Signing Parties agree and stipulate that any policies adopted shall be 27 carried out in compliance with the standards and specifications for disabled access federal 1 Enforceable Settlement Agreement and Order. 2 a. Policy Based Remedial Measures and Administrative Procedures: 3 i. Defendant shall adopt the Service Animal Policy attached as 4 Exhibit A and train their staff within 30 days from the date of the 5 filing of this document. Defendant shall adopt this agreement for 6 all locations at which they operate. 7 ii. Defendant agrees that within 45 days from the date of filing this 8 document with the Court, Defendant will make the following 9 policy and training commitments: All staff, including but not 10 limited to security guards, hostesses, servers, and managers, will 11 be trained to implement the new service animal policy attached as 12 Exhibit A and offer reasonable accommodations for disabled 13 persons, including affirmatively inquiring with disabled patrons as 14 to whether they may need any reasonable accommodations. 15 Defendant agrees to make reasonable accommodations in their 16 policies and practices when interacting with disabled patrons. 17 Defendant shall include this training in the process of retaining all 18 new personnel hires interacting with the public or supervising 19 those who do. 20 iii. Defendant shall maintain accessible feature, which includes 21 training any new employees regarding their Service Animal Policy, 22 and keeping this policy as part of their employee handbook and/or 23 training manual. 24 b. Timing: All policy measures will be implemented within 45 days of 25 filing of this document. In the event that unforeseen difficulties 26 prevent Defendant from completing any of the agreed-upon injunctive 27 relief, Defendant or its counsel will notify Plaintiff’s counsel in 1 have thirty (30) days to investigate and meet and confer with 2 Defendant, and to approve the delay by stipulation or otherwise 3 respond to Defendant’s notice. If the Signing Parties cannot reach 4 agreement regarding the delay within that time period, Plaintiff may 5 seek enforcement by the Court. 6 c. Defendant or defense counsel will notify Plaintiff’s counsel when the 7 policy is implemented and the training is completed, and, whether 8 completed or not, will provide a status report to Plaintiff’s counsel no 9 later than April 1, 2022. 10 d. If Defendant fails to provide injunctive relief on the agreed upon 11 timetable and/or fail to provide timely written status notification, and 12 Plaintiff file a motion with the Court to obtain compliance with these 13 terms, Plaintiff reserves the right to seek additional attorney’s fees for 14 any compliance work necessitated by Defendant’s failure to keep this 15 agreement. If the Signing Parties disagree, the Signing Parties agree to 16 participate in a Magistrate Judge-conducted Settlement Conference for 17 the purposes of resolving the disputed fees. If the Settlement 18 Conference fails to resolve the fee dispute, Plaintiff may seek relief via 19 motion for an order directing the Defendant to pay Plaintiff’s counsel 20 reasonably incurred fees. 21 22 DAMAGES, ATTORNEYS’ FEES, LITIGATION EXPENSES, AND COSTS: 23 6. The Parties have reached a separate settlement agreement regarding Plaintiff’s 24 claims for damages, attorneys’ fees, and litigation expenses, which agreement fully and 25 finally resolves Plaintiff’s claims for damages, including attorneys’ fees and litigation costs 26 and expenses against Defendant. The Parties jointly request that the Court retain jurisdiction 27 to enforce that agreement. 1 7. This Court Enforceable Settlement Agreement and Order constitute the entire 2 agreement between the Signing Parties on the matters of injunctive relief, damages, 3 attorneys’ fees, litigation expenses, and costs, and no other statement, promise, or agreement, 4 either written or oral, made by any of the Signing Parties or agents of any of the Signing 5 Parties that is not contained in this written Court Enforceable Settlement Agreement and 6 Order, shall be enforceable regarding the matters of injunctive relief described herein.
8 COURT ENFORCEABLE SETTLEMENT AGREEMENT AND ORDER BINDING ON SIGNING PARTIES AND SUCCESSORS IN INTEREST: 9 10 8. This Court Enforceable Settlement Agreement and Order shall be binding on 11 Plaintiff, Defendant, and any successors-in-interest.
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1 PAUL L. REIN, Esq. (SBN 43053) 2 AARON M. CLEFTON, Esq. (SBN 318680) REIN & CLEFTON, Attorneys at Law 3 200 Lakeside Drive, Suite A Oakland, CA 94612 4 Telephone: 510/832-5001 Facsimile: 510/832-4787 5 info@reincleftonlaw.com
6 Attorneys for Plaintiff JOHN VELEZ 7 Richard Morin (SBN 285275) 8 Law Office of Rick Morin, PC 555 Capitol Mall Suite 750 9 Sacramento, CA 95814-4508 Phone: (916) 333-2222 10 Email: legal@rickmorin.net
11 Attorneys for Defendant OLD SUGAR MILL WINERY, LLC 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA
14 JOHN VELEZ Case No. 2:21-cv-2097-KJM-AC 15 Civil Rights Plaintiff, 16 COURT ENFORCEABLE v. SETTLEMENT AGREEMENT AND 17 ORDER FOR INJUNCTIVE RELIEF OLD SUGAR MILL WINERY, LLC, FOR INJUNCTIVE RELIEF 18 Defendant. Action Filed: November 12, 2021 19
20 21
22 1. Plaintiff JOHN VELEZ filed a Complaint in this action on November 12, 23 2021, to enforce provisions of the Americans with Disabilities Act of 1990 ("ADA"), 42 24 U.S.C. §§ 12101 et seq., and California civil rights laws and to obtain recovery of damages 25 for discriminatory experiences, denial of access, and denial of civil rights against Defendant 26 OLD SUGAR MILL WINERY, LLC. Plaintiff has alleged that Defendant violated Title III 27 of the ADA; Sections 51, 52, 54, 54.1, and 54.3 of the California Civil Code; and Health and 28 1 Safety Code §§ 19953 et. seq. by failing to provide full and equal access to patrons and their 2 service dogs at the Old Sugar Mill located at 35265 Willow Ave, Clarksburg, California. 3 2. In order to avoid the costs, expense, and uncertainty of protracted litigation, 4 Plaintiff JOHN VELEZ and Defendant OLD SUGAR MILL WINERY, LLC (together 5 sometimes the “Signing Parties”) agree to entry of this Court Enforceable Settlement 6 Agreement and Order to resolve all claims regarding injunctive relief, damages, and 7 attorneys’ fees, litigation expenses and costs, raised in the Complaint without the need for 8 protracted litigation. Accordingly, the Signing Parties agree to the entry of this Order 9 without trial or further adjudication of any issues of fact or law concerning Plaintiff’s claims 10 for relief. 11 12 JURISDICTION: 13 3. The Signing Parties to this Court Enforceable Settlement Agreement and 14 Order agree that the Court has jurisdiction of this matter pursuant to 28 U.S.C. section 1331 15 for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. sections 16 12101 et seq. and pursuant to supplemental jurisdiction for alleged violations of California 17 Civil Code sections 51, 54, and 54.1. 18 WHEREFORE, the Signing Parties to this Court Enforceable Settlement Agreement 19 hereby agree and stipulate to the Court's entry of this Court Enforceable Settlement 20 Agreement and Order, which provide as follows: 21 22 SETTLEMENT OF INJUNCTIVE RELIEF: 23 4. This Order shall be a full, complete, and final disposition and settlement of 24 Plaintiff’s claims against Defendant for injunctive relief that have arisen out of the subject 25 Complaint. 26 5. The Signing Parties agree and stipulate that any policies adopted shall be 27 carried out in compliance with the standards and specifications for disabled access federal 1 Enforceable Settlement Agreement and Order. 2 a. Policy Based Remedial Measures and Administrative Procedures: 3 i. Defendant shall adopt the Service Animal Policy attached as 4 Exhibit A and train their staff within 30 days from the date of the 5 filing of this document. Defendant shall adopt this agreement for 6 all locations at which they operate. 7 ii. Defendant agrees that within 45 days from the date of filing this 8 document with the Court, Defendant will make the following 9 policy and training commitments: All staff, including but not 10 limited to security guards, hostesses, servers, and managers, will 11 be trained to implement the new service animal policy attached as 12 Exhibit A and offer reasonable accommodations for disabled 13 persons, including affirmatively inquiring with disabled patrons as 14 to whether they may need any reasonable accommodations. 15 Defendant agrees to make reasonable accommodations in their 16 policies and practices when interacting with disabled patrons. 17 Defendant shall include this training in the process of retaining all 18 new personnel hires interacting with the public or supervising 19 those who do. 20 iii. Defendant shall maintain accessible feature, which includes 21 training any new employees regarding their Service Animal Policy, 22 and keeping this policy as part of their employee handbook and/or 23 training manual. 24 b. Timing: All policy measures will be implemented within 45 days of 25 filing of this document. In the event that unforeseen difficulties 26 prevent Defendant from completing any of the agreed-upon injunctive 27 relief, Defendant or its counsel will notify Plaintiff’s counsel in 1 have thirty (30) days to investigate and meet and confer with 2 Defendant, and to approve the delay by stipulation or otherwise 3 respond to Defendant’s notice. If the Signing Parties cannot reach 4 agreement regarding the delay within that time period, Plaintiff may 5 seek enforcement by the Court. 6 c. Defendant or defense counsel will notify Plaintiff’s counsel when the 7 policy is implemented and the training is completed, and, whether 8 completed or not, will provide a status report to Plaintiff’s counsel no 9 later than April 1, 2022. 10 d. If Defendant fails to provide injunctive relief on the agreed upon 11 timetable and/or fail to provide timely written status notification, and 12 Plaintiff file a motion with the Court to obtain compliance with these 13 terms, Plaintiff reserves the right to seek additional attorney’s fees for 14 any compliance work necessitated by Defendant’s failure to keep this 15 agreement. If the Signing Parties disagree, the Signing Parties agree to 16 participate in a Magistrate Judge-conducted Settlement Conference for 17 the purposes of resolving the disputed fees. If the Settlement 18 Conference fails to resolve the fee dispute, Plaintiff may seek relief via 19 motion for an order directing the Defendant to pay Plaintiff’s counsel 20 reasonably incurred fees. 21 22 DAMAGES, ATTORNEYS’ FEES, LITIGATION EXPENSES, AND COSTS: 23 6. The Parties have reached a separate settlement agreement regarding Plaintiff’s 24 claims for damages, attorneys’ fees, and litigation expenses, which agreement fully and 25 finally resolves Plaintiff’s claims for damages, including attorneys’ fees and litigation costs 26 and expenses against Defendant. The Parties jointly request that the Court retain jurisdiction 27 to enforce that agreement. 1 7. This Court Enforceable Settlement Agreement and Order constitute the entire 2 agreement between the Signing Parties on the matters of injunctive relief, damages, 3 attorneys’ fees, litigation expenses, and costs, and no other statement, promise, or agreement, 4 either written or oral, made by any of the Signing Parties or agents of any of the Signing 5 Parties that is not contained in this written Court Enforceable Settlement Agreement and 6 Order, shall be enforceable regarding the matters of injunctive relief described herein.
8 COURT ENFORCEABLE SETTLEMENT AGREEMENT AND ORDER BINDING ON SIGNING PARTIES AND SUCCESSORS IN INTEREST: 9 10 8. This Court Enforceable Settlement Agreement and Order shall be binding on 11 Plaintiff, Defendant, and any successors-in-interest. Defendant has a duty to so notify all 12 such successors-in-interest of the existence and terms of this Court Enforceable Settlement 13 Agreement and Order during the period of the Court's jurisdiction of this Court Enforceable 14 Settlement Agreement and Order. 15 9. Except for all obligations required in this Court Enforceable Settlement 16 Agreement and Order each of the Signing Parties to this Court Enforceable Settlement 17 Agreement and Order, on behalf of each of their respective agents, representatives, 18 predecessors, successors, heirs, partners, and assigns, releases and forever discharges each 19 other Party and all officers, directors, shareholders, subsidiaries, joint venturers, 20 stockholders, partners, parent companies, employees, agents, attorneys, insurance carriers, 21 heirs, predecessors, and representatives of each other Party, from all claims, demands, 22 actions, and causes of action of whatever kind or nature, presently known or unknown, 23 arising out of or in any way connected with the lawsuit. 24 25 MUTUAL RELEASE AND WAIVER OF CIVIL CODE SECTION 1542: 26 10. Each of the Signing Parties to this Court Enforceable Settlement Agreement 27 and Order understands and agrees that there is a risk and possibility that, subsequent to the 1 incur, suffer, or experience some further loss or damage with respect to the lawsuit that is 2 unknown or unanticipated at the time this Court Enforceable Settlement Agreement and 3 Order is signed. Except for all obligations required in this Court Enforceable Settlement 4 Agreement and Order, the Signing Parties intend that this Court Enforceable Settlement 5 Agreement and Order apply to all such further loss with respect to the lawsuit, except those 6 caused by the Signing Parties subsequent to the execution of this Court Enforceable 7 Settlement Agreement and Order. Therefore, except for all obligations required in this Court 8 Enforceable Settlement Agreement and Order, this Court Enforceable Settlement Agreement 9 and Order shall apply to and cover any and all claims, demands, actions, and causes of action 10 by the Signing Parties to this Court Enforceable Settlement Agreement with respect to the 11 lawsuit, whether the same are known, unknown, or hereafter discovered or ascertained, and 12 the provisions of Section 1542 of the California Civil Code are hereby expressly waived. 13 Section 1542 provides as follows:
15 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT 16 KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF 17 KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR 18 OR RELEASED PARTY. 19 11. Except for all obligations required in this Court Enforceable Settlement 20 Agreement and Order each of the Signing Parties to this Court Enforceable Settlement 21 Agreement and Order, on behalf of each, their respective agents, representatives, predecessors, 22 successors, heirs, partners, and assigns, releases and forever discharges each other Party and all 23 officers, directors, shareholders, subsidiaries, joint venturers, stockholders, partners, parent 24 companies, employees, agents, attorneys, insurance carriers, heirs, predecessors, and 25 representatives of each other Party, from all claims, demands, actions, and causes of action of 26 whatever kind or nature, presently known or unknown, arising out of or in any way connected 27 with the lawsuit. 1 TERM OF THE COURT ENFORCEABLE SETTLEMENT AGREEMENT AND ORDER: 2 3 12. This Court Enforceable Settlement Agreement and Order shall be in full force 4 and effect for a period of six (6) months after the date of entry of this Court Enforceable 5 Settlement Agreement and Order by the Court. 6 7 SEVERABILITY: 8 13. If any term of this Court Enforceable Settlement Agreement and Order is 9 determined by any court to be unenforceable, the other terms of this Court Enforceable 10 Settlement Agreement and Order shall nonetheless remain in full force and effect. 11 12 SIGNATORIES BIND SIGNING PARTIES: 13 14. Signatories on the behalf of the Signing Parties represent that they are 14 authorized to bind the Signing Parties to this Court Enforceable Settlement Agreement and 15 Order. This Court Enforceable Settlement Agreement and Order may be signed in 16 counterparts and a facsimile signature shall have the same force and effect as an original 17 signature. 18
19 END OF PAGE. 20 SIGNATURES CONTINUE ON THE NEXT PAGE AND ORDER IS AT THE END OF THE DOCUMENT. 21 22 23 24 25 26 27 1 Dated: ____________, 2022 PLAINTIFF JOHN VELEZ
3 ____________________________________ JOHN VELEZ 4
5 Dated: ____________, 2022 DEFENDANT OLD SUGAR MILL WINERY, LLC 6
7 By: __________________________________ 8 Print name:____________________________ 9 Title: _________________________________
10 Approved as to form: 11 Dated: ____________, 2022 REIN & CLEFTON 12
13 By: AARON M. CLEFTON, ESQ. 14 Attorneys for Plaintiff JOHN VELEZ 15
16 Dated: ____________, 2022 LAW OFFICES OF RICK MORIN
19 By: RICK MORIN, ESQ. Attorneys for Defendant 20 OLD SUGAR MILL WINERY, LLC
21 22 23 24 25 26 27 ORDER 2 The court approves the parties’ stipulation; however, the court in its discretion declines to 3 || maintain jurisdiction to enforce the terms of the parties’ separate settlement agreement resolving 4 || damages, attorney’s fees and costs. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 5 || 381 (1994); cf Collins v. Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some 6 || independent basis for federal jurisdiction, enforcement of that agreement is for state courts. 7 || Kokkonen, 511 USS. at 382. 8 IT IS SO ORDERED. 9 || DATED: May 19, 2022. 10 / 1] D CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28