Opinion
1:08-CV-01962-AWI-SMS.
January 4, 2011
PAUL L. REIN, ESQ. SBN 43053, CELIA MCGUINNESS, ESQ. SBN 159420, CATHERINE M, CABLO, ESQ. SBN 248198, LAW OFFICES OF PAUL L. REIN, OAKLAND, CA, Attorneys for Plaintiff, ANTONIA LUNA.
ROBERT C. LORBEER, ESQ. SBN 172072, ATTORNEY AT LAW, SACRAMENTO, CA, Attorney for Defendant, HOA TRUNG VO DBA SAVE MORE 98 DISCOUNT STORE.
JOSEPH COOPER, ESQ. SBN 139993, COOPER COOPER, FRESNO, CA, Attorneys for Defendant, BLIATOUT LLC.
STIPULATED JUDGMENT AND ORDER
This Stipulated Judgment is entered into by and between the Plaintiff ANTONIA LUNA ("Plaintiff"), on the one hand, and Defendants HOA TRUNG VO dba SAVE MORE 98 DISCOUNT STORE and BLIATOUT LLC (together "Defendants"), on the other hand (Plaintiff and Defendants referred to as the "Parties").
I. INTRODUCTION
A. On December 19, 2008, Plaintiff filed a complaint against Defendants in the United States District Court for the Eastern District of California for preliminary and permanent injunctive relief and damages, alleging violations of the following: (1) California Health Safety Code §§ 19955 et seq., California Civil Code §§ 54.1 et seq.; (2) the Unruh Civil Rights Act of California (Cal. Civ. Code § 51 et seq.); and (3) the Americans with Disabilities Act of 1990 ( 42 USC § 12101 et seq.) ("the Action").
B. On August 27, 2009, the Court executed and filed a Consent Decree and Order (Docket No. 24) entered into by the Parties resolving all injunctive relief issues in this Action. This Consent Decree did not contain any stipulation to or admission of liability for any damages on the part of any Defendant.
C. On October 8, 2010, following extensive discovery proceedings, settlement negotiations, two settlement conferences, and efforts to "meet and confer" with Defendants, Plaintiff filed a Motion for Summary Judgment (Docket No. 35).
D. The Court's November 17, 2010 Order on Plaintiff's Motion for Summary Judgment and Related Orders (the "Order" — Docket No. 46) indicated that the filing of Plaintiff's motion for summary judgment should have been unnecessary, given "the lack of dispute as to the factual basis for Plaintiff's motion and the lack of contention as to the application of law." Order at 3:19-20. However, the Parties did not reach such an agreement until after Plaintiff filed her motion for summary judgment and the Court issued its Order. The Order also suggested that the "natural path to the conclusion of this action is by way of stipulated judgment." Order at 3:20-21.
E. After further discussion following the entrance of the Court's Order, the Parties have agreed to settle the issue of Plaintiff's statutory damages in this Action by way of this Stipulated Judgment. The parties have also agreed, subject to the approval of the Court, on a procedure and timetable to determine Plaintiff's claims for statutory attorneys' fees, litigation expenses, and costs.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the Parties, through their respective counsel, as follows:
II. SETTLEMENT RELIEF
A. Injunctive Relief:
B. Monetary Relief/Damages: Judgment can be entered in this Action, and the Court is requested to enter Judgment, against Defendants Hoa Trung Vo dba Save More 98 Discount Store and Bliatout LLC in the amount of $8,000 compensatory damages, per § 52 Civil Code. Payment to Plaintiff shall be made within 30 days of entry of judgment by the Court.
C. Attorneys' Fees and Expenses: Attorneys fees, litigation expenses, and costs shall be determined as follows: (1) by negotiation of the Parties within thirty (30) days of the date this Stipulated Judgment is entered; or (2) by motion to the Court to be filed by Plaintiff within sixty (60) days of the termination of the thirty-day negotiation period for attorneys' fees, litigation expenses, and costs.
III. JURISDICTION
Continuing Jurisdiction: The Court shall maintain continuing jurisdiction over this Action until resolution of Plaintiff's claims for attorney fees, litigation expenses, and costs.
IV. SCOPE AND ENFORCEABILITY OF THE STIPULATED JUDGMENT
A. Authority to Bind
The undersigned each represents and warrants that they are authorized to sign on behalf of, and to bind, Plaintiff and Defendants.
B. Cooperation
The Parties agree to cooperate and execute any documents or take any action to effectuate this Stipulated Judgment in a timely and expeditious manner. The Parties agree to cooperate in obtaining Court approval of the Stipulated Judgment and complying with the provisions herein in a timely and expeditious manner.
C. Independent Advice of Counsel
The Parties represent and declare that in executing the Stipulated Judgment they relied solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent and duration of their rights and claims, and that they have not been influenced to any extent whatsoever in executing the same by any representations or statements not expressly contained or referred to in the Stipulated Judgment.
D. Counterparts
The Stipulated Judgment may be executed in counterparts. Counterparts may be made by facsimile. When each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and each counterpart taken together shall constitute one and the same Stipulated Judgment. The Stipulated Judgment shall be deemed duly executed, effective, and binding, upon the signing and delivery of the last counterpart by the Parties hereto.
JUDGMENT AND ORDER
Judgment in the amount of $8,000 statutory damages shall be entered against Defendants Hoa Trung Vo dba Save More 98 Discount Store and Bliatout, LLC under the terms of the stipulation hereinabove.IT IS SO ORDERED.