CONSENT ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiff, CYNTHIA HOPSON (Hereafter, "Plaintiff'), filed this action to enforce provisions of the Americans with Disabilities Act, 42 U.S.C. §12101, et seq., against Defendants, PENELOPE WEBSTER, and RYAN WEBSTER (Hereafter, "Defendants"). Plaintiff has alleged that Defendants violated Title III of the ADA by the property they own and control having architectural barriers to access.

Defendants deny the allegations. By entering into this Consent Order to amicably resolve this lawsuit, Defendants are not making any admission as to Plaintiff's allegations.

JURISDICTION

This Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. § 12188(b)(1)(B).

CONTENTIONS OF THE PARTIES

Plaintiff filed a Complaint against Defendants on December 26th, 2017, under 42 U.S.C. § 12181 through 12189. (Doc. No. 1). The Complaint alleges that Defendants unlawfully denied Plaintiff the fair and equal enjoyment of "Webster's Country Burger Drive-In" by having the business inaccessible to individuals with mobility impairments.

Defendants own and operate the business "Webster's County Burger Drive-In" as well as the property on which the business is located at 18737 East Highway 88, Clements, CA 95227.

"Webster's County Burger Drive-In" is a public accommodation for purposes of 42 U.S.C. § 12183(a), as defined by the ADA in 42 U.S.C. § 12181(7), and in the implementing regulations under 28 C.F.R. 36.104. Specifically, Plaintiff alleges that:

Defendants deny that they have violated Title III of the ADA as alleged in the Complaint referenced above.

In order to avoid the costs, expense, and uncertainty of protracted litigation, the patties agree to entry of this Order to resolve all allegations raised in the Complaint. The parties agree to settlement of these matters without further litigation and that the entry of this Order is the most appropriate means of resolving these matters. Accordingly, they agree to the entry of this Order without trial or further adjudication of any issues of fact or law.

This Order shall be a full and complete, and final disposition and settlement of all of Plaintiff's claims that have arisen out of the Complaint. The parties agree that there has been no admission or finding of liability or violation of the ADA and this Consent Order should not be construed as such.

INJUNCTIVE RELIEF

Defendants agree to ensure that the architectural barriers as alleged in the Contentions of the Parties above, are removed, to the extent that such architectural barriers have not already been removed, according to the requirements of the current California Building Code, and, or, American with Disabilities Act Accessibility Guidelines within twelve (12) months.

MONETARY RELIEF

The Parties agree that Defendants shall pay Plaintiff, Cynthia Hopson, the sum total of eight-thousand dollars ($8,000 USD). This amount shall be paid in two installments. The first installment of four-thousand dollars ($4,000.00 USD) shall be paid by May 30th, 2019. The second installment of four-thousand dollars (4,000.00 USD) shall be paid by June 30th, 2019.

Defendants shall make shall send the payment to: 7345 South Durango Drive, Suite B-107-240, Las Vegas, NV 89113. The payments shall be made by check payable to: "CALIFORNIA IOLTA TRUST ACCOUNTS, MALAKAUSKAS LAW, A PROFESSIONAL CORPORATION".

The payment of eight-thousand dollars ($8,000.00 USD) shall be for Plaintiffs damages, attorney fees, expenses, and costs up to the date of this Order. Nothing in this Order shall prevent Plaintiff's Attorney from recovering additional costs if necessaiy, to enforce the terms of such Order. Furthermore, the Parties agree Plaintiff is entitled to any fees, expenses, and costs to enforce this Order.

COMPLIANCE MONITORING

After One-Hundred and Eighty Days (180) of the date of entry of this Order, and before such case is dismissed with prejudice, Plaintiff may provide written notice to Defendants that Plaintiff desires to inspect the property for progress of remediations and ensure that the alleged architectural barriers have been removed.

DURATION OF ORDER

Unless otherwise extended, this Order shall remain in effect for thirteen (13) months after its entry. The Court shall retain jurisdiction for the duration of this Order to enforce the terms of this Order, after which time the case shall be dismissed with prejudice.

ORDER

Pursuant to the Stipulation and Good Cause Shown, IT IS SO ORDERED.