Case 3:07-cv-02394-LAB-WMC
Document 15
Filed 04/01/2008
Page 1 of 12
RELEASE AND SETTLEMENT AGREEMENT
SECTION 1.1
This Settlement effective
THE PARTIES TO BE BOUND Agreement (the. "Agreement") 1999 is made Date")
the 12th day of February,
("the Effective
by and between
KAREL SPIKES, Plaintiff,
on the one hand and (collectively "the
JOSEPH SCIUTO dba LAMPLIGHTER
Part ies")
.
on the other
SECTION 1.2
A. WHEREAS,
RECITALS
on October 30, 1998, Plaintiff caused to be
and on December 17, 1998 caused to be
filed a civil complaint filed a First Amended Court for the Southern which was entitled
Complaint District
in the United States District of California ("the Court"), et.
SPIKES v. JOSEPH SCIUTO dba LAMPLIGHTER 10, inclusive,
al. and DOES 1 throuGh (hereinafter referred
Case No. 98 cv 1980 K (JAH) The COMPLAINT practices in
to as "the COMPLAINT"). discriminatory
alleged causes of action charging public accommodations
statutes.
under a number
of various theories
and
B.
WHEREAS,
the COMPLAINT
pertained
to a facility
located "the
at 817 West Washington,
PROPERTY.")
San Diego, California,
(hereinafter
C.
NOW THEREFORE,
based on the covenants
and promises
contained below, the parties have agreed to enter into this
3/29/99
Ed.
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Case 3:07-cv-02394-LAB-WMC
Document 15
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Agreement SECTION
A .
on the terms set forth below. SPECIFIC TERMS
2.1
Recitals:
The Recitals Agreement, Agreement.
set forth herein are an integral
part of this of this
and shall be used in any interpretation
B.
Performance Bv the Defendant:
warrants, promises and covenants to undertake
The Defendant the following 1. following
actions
and performances: June 1, 1999, Defendant to bring its facility Disabilities Act shall perform into compliance the
On or before modifications with
with the Americans the California
("ADA") and Title 24 of
Code of Regulations: Defendant shall modify the front entrance by removing a portion of the interior wall which faces the street for the purpose of increasing the turning radius at the entrance. Defendant shall provide seating at the tables in the dining/bar area which are accessible to people in wheelchairs, in compliance with the ADA. Defendant shall offer the same service to people in wheelchairs at these tables as is provided to customers sitting at the bar. Defendant shall train its personnel regarding this policy. Defendant shall modify its bathroom to comply with the ADA including, but not limited to, installing grab bars, installing appropriate 2
a.
b.
c.
3/29/99
Ed.
Exhibit2 .
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Case 3:07-cv-02394-LAB-WMC
Document 15
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signage, providing knee clearance at the lavatory, installing compliant faucet handles, lowering the paper towel dispenser and mirror, installing compliant handles on the bathroom door.
2.
On or before April
15, 1999, Defendant,
JOSEPH SCIUTO
dba LAMPLIGHTER Thousand Dollars
shall pay to the Plaintiff ($4,000.00).
the total sum of Four to resolve The
This sum is intended attorney's
Plaintiff's settlement
claim for damages,
fees and costs.
check shall be made payable
to "the Amy B. Vandeveld
Client Trust Account." C. Performance Bv the Plaintiff and His Counsel: to
The Plaintiff undertake 1. COMPLAINT.
and his counsel promise and covenant actions and performances: Dismissal with prejudice
the following
To file a Stipulated Said Dismissal
of the
shall be filed in the United States District of California upon
District Court for the Southern completion of the above-described
modifications.
D.
1.
Mutual Releases:
For valuable consideration, by, the receipt and adequacy on the one of
which are hereby acknowledged hand, and (b) the Defendant themselves assigns,
(a) the Plaintiff,
on the other hand, on behalf of heirs, executors, employees, directors, administrators,
and their respective
successors,
predecessors,
agents, attorneys, partners and
past, present
and future officers,
3/29/99
Ed.
3
Exhibit
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Case 3:07-cv-02394-LAB-WMC
Document 15
Filed 04/01/2008
Page 4 of 12
RELEASE AND SETTLEMEN'l' AGREEMENT
SECTION
1.1
THE PARTIES Agreement
TO BE BOUND (the "Agreement") is made
This Settlement effective
May 27, 2004,
("the Effective
Date") by and between
KAREL SPIKES (hereinafter ~SPIKES"), on the one hand and BOTTLE
SHOP and GARGANO FAMILY TRUST on the. other. BOTTLE SHOP and
GARGANO FAMILY TRUST are hereinafter referred to as ~the Defendants". The Defendants and the Plaintiff are hereinafter
collectively referred to as "the Parties".
SECTION 1.2 RECITALS
A.
WHEREAS, on April 26, 2004, Plaintiff caused to be
filed a Civil Complaint in the United States District Court for
the Southern entitled District of California ("the Court"), which was
SPIKES v. BOTTLE SHOP et al., USDC Case No. 04 cv 0864 J to as "the COMPLAINT")
.
(BLM) (hereinafter referred
.
The
COMPLAINT alleged causes of action charging discriminatory practices and architectural barriers in public accommodations under a number of various theories and statutes.
B. WHEREAS, the COMPLAINT pertains to a facility located "the
at 2447 Fletcher Parkway,
PROPERTY.")
EI Cajon, California,
(hereinafter
C. contained Agreement
NOW THEREFORE,
based on the covenants
and promises
below, the parties
have agreed to enter into this
on the terms set forth below.
Spikes v. Bottle Shop June 21, 2004 Edition
Exhibit L '-' Lf
Case 3:07-cv-02394-LAB-WMC
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SECTION 2.1 A. Reci 121s :
SPECIFIC
TERMS
The Recitals Agreement,
Agreement.
set forth "herein are an integral
part of this of this
and shall be used in any interpretation
B.
1.
Performance Bv Defendants:
Defendants warrant and promise that it shall perform
the following modifications to the PROPERTY which comply with the Americans with Disabilities Act Accessibility Guidelines (~ADAAG") and Title 24 of the California Code of Regulations
(~Title 24"):
a)
Parkinq
Defendants shall modify the parking lot to provide a van accessible parking space reserved for people with disabilities which complies with the Americans with Disabilities Act Accessibility Guidelines (~ADAAG") and Title 24 of the California Code of Regulations (~Title
24")
.
b)
Path of Travel
Defendants shall affix or remove the loose doormat at the front entrance. The ramp from the front entrance to the main dining area shall be modified so that the slope does not exceed 8.33 percent. c) Counter
Defendants shall modify the service counter so that it provides a lowered portion which is a minimum of 36 inches long and between 28 and 34 inches high or, in the alternative, a fold-down shelf which has the same dimensions.
d)
Restrooms
Defendants shall modify the restroom to provide accessibility for people with disabilities, although Plaintiff concedes that full accessibility is not readily
Spikes v. Bottle Shop June 21, 2004 Edition
2
Exhibit
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Case 3:07-cv-02394-LAB-WMC
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achievable. The modifications shall include the following: the paper towel and soap dispenser shall be relocated so that the operable parts are no more than 40 inches from the finished floor. The locking mechanism on the door shall be replaced so that they do not require tight grasping or twisting to operate. The lavatory pipes shall be wrapped. The bottom of the mirror shall be lowered so that it is not higher than 40 inches. The coat hook. shall be relocated so that it is not more than 48 inches from the finished floor. Two compliant grab bars shall be installed. The toilet paper dispenser shall not be more than 12 inches from the front of the commode. 2. On or before June 27, 2004, Defendants shall pay to the
Plaintiff the sum of Two Thousand Dollars ($2,000.00). This sum
is intended including costs. to resolve Plaintiff's claim for statutory attorney's damages,
damages
for physical
injuries,
fees and to
Said payment
shall be by check made payable directly Client Trust Account. and His Counsel: to
the Amy B. Vandeveld C.
Perfor.mance Bv the Plaintiff
The Plaintiff undertake 1.
and his counsel promise and covenant actions and performances: Dismissal with prejudice
the following
To file a Stipulated
of the
COMPLAINT.
District
Said Dismissal shall be filed in the United States
District of California upon
Court for the Southern
receipt of the funds referenced
in Paragraphs
2.1 B. 2 and 3,
above. D.
1.
Mutual Releases:
For valuable consideration, by, the receipt and adequacy on the one of
which are hereby acknowledged hand, and themselves (b) the Defendants
(a) the Plaintiff,
on the other hand, on behalf of heirs, executors, administrators,
and their respective
Spikes v. Bottle Shop June 21, 2004 Edition
3
-.
Exhibit _~ b
Case 3:07-cv-02394-LAB-WMC
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RELEASE AND SETTLEMENT AGREEMENT
SECTION 1.1
This Settlement effective December
THE PARTIES TO BE BOUND Agreement (the "Agreement") ("the Effective uSPIKES"), is made
10, 2003,
Date") by and on the one hand and
between KAREL SPIKES
(hereinafter
SABRI YAKO dba COUNTRY TIME FOOD MARKET (erroneously sued herein
as uCOUNTRY TIME FOOD MARKET, INC. dba DUKE'S LIQUOR (hereinafter DRIVE-IN"), collectively
QAIS SAKO and SUHAM SAEED on the other referred Plaintiff
Parties".
to as Uthe Defendants"). are hereinafter
The Defendants referred
and the
collectively
to as "the
SECTION 1.2 A. WHEREAS,
RECITALS on September 16, 2003, Plaintiff caused to be Court for
filed a Civil Complaint the Southern entitled District
in the United States District ("the Court"),
of California
which was
SPIKES v. COUNTRY TIME FOOD MARKET,
INC. et al., USDC to as "the
Case No. 03 cv 1869 L (LSP) (hereinafter referred COMPLAINT"). discriminatory accommodations B. The COMPLAINT practices
alleged causes of action charging barriers in public
and architectural
under a number of various theories the COMPLAINT pertains
and statutes. located
WHEREAS,
to a facility
at 7029 El Cajon Boulevard,
"the PROPERTY.")
San Diego, California,
(hereinafter
C. contained
NOW THEREFORE,
based on the covenants
and promises
below, the parties have agreed to enter into this
Exhibit)
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7
Case 3:07-cv-02394-LAB-WMC
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Agreement on the terms set forth below.
SECTION 2.1
SPECIFIC TERMS
A.
Recita1s:
The Recitals set forth herein are an integral part of this
Agreement,
Agreement.
and shall be used in any interpretation
of this
B.
Perfor.mance Bv Defendants: warrant and promise that they have performed the
Defendants
following modifications
at the PROPERTY:
A.
Parkina
On or before April 10, 2004, Defendants shall modify the parking lot to provide a van accessible parking space reserved for people with disabilities which complies with the Americans with Disabilities Act Accessibility Guidelines (~ADAAG") and Title 24 of the California Code of Regulations (~Title 24"). The space shall be located closest to the front entrance so that a person parking in the space will not be required to travel behind a space other than the accessible space to reach the front entrance. The words ~NO PARKING" shall be included in the access aisle, pursuant to Title 24. Signage shall be installed which notifies customers that vehicles illegally parked in accessible spaces will be towed. If the City does not approve the installation of the space, Defendants shall obtain written verification from the City confirming this rejection. The Defendants shall promptly provide a copy of this written verification to Plaintiff's counsel. If the City rejects the installation of an accessible space, Defendants will install bollards or a chain link fence, or some other device to preclude customers from parking in the lot adjacent to the entrance to the facility. If the City precludes Defendants from blocking access to the lot, Defendants shall obtain written verification of the City's position and shall promptly provide a copy of this verification to Plaintiff's counsel.
B.
Path of Travel
Defendants shall ensure that the store aisles have clear widths a minimum of 36 inches if items are
Case 3:07-cv-02394-LAB-WMC
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displayed on one side and 42 inches if items are displayed on both sides. Defendants shall relocate merchandise to provide a clear path of travel to the
restroom.
2.
Defendants shall pay to the Plaintiff the sum of One
Thousand Dollars ($1,000.00). This sum is intended to resolve
Plaintiff's claim for statutory directly damages. Said payment shall be
by check made payable
to "KAREL SPIKES"
and shall be
made in two installments.
before before January 10, 2004. February 10, 2004.
The first installment is due on or
The second installment is due on or
3.
Dollars payment
An additional payment of Two Hundred and Seventy Five
($275.00) shall be made by February shall resolve Plaintiff's 10, 2004. Said Said payment
claim for costs.
shall be made payable to "the Amy B. Vandeveld Account." Plaintiff
Client Trust
agrees to waive his claim for attorney's
fees.
C. Perfor.mance Bv the Plaintiff and His Counsel: and covenant to
The Plaintiff and his counsel promise undertake 1. COMPLAINT. District receipt the following
actions and performances: Dismissal with prejudice of the States upon
To file a Stipulated Said Dismissal
shall be filed in the United District of California in Paragraphs
Court for the Southern of the funds referenced
2.1 B. 2 and 3,
above. D.
1.
Mutual Releases:
For valuable consideration, the receipt and adequacy of
(January
6, 2004 Edition)
3
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Case 3:07-cv-02394-LAB-WMC
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Case 3:07-cv-02394-LAB-WMC
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