ORDER ON STIPULATED FINAL JUDGMENT

JOSEPHINE L. STATON, District Judge.

I. FINDINGS

1. The Court has jurisdiction over the Parties and the subject matter of this action;

2. The Parties agree to entry of this Final Order, without adjudication of the remaining issues of fact or law pleaded in the Complaint, to settle and resolve all matters in dispute arising from the conduct alleged in the Complaint to the date this Final Order is entered;

3. Defendants neither admit nor deny any allegations in Complaint, except as stated in this Final Order. For purposes of this Final Order, Defendants admit the facts necessary to establish the Court's jurisdiction over them and the subject matter of this action.

4. The Parties stipulate that the site lacks accessible parking, but that there is no safe means of modifying the site without compromising the safety of wheelchair-bound patrons. Said conclusion is based on the declaration of Terry McLean, architect and CASp. Ms. McLean's Declaration is attached and marked as Exhibit A.

II. ORDER

1. There is no readily achievable means of incorporating accessible parking spaces into the site;

2. Defendant The Richard E. Preston Trust shall pay $5,000 to compensate Plaintiff for all damages, fees and costs purportedly incurred as a result of the incident noted in the Complaint, within 15 days of the entry of the within Order.

3. Each party shall bear its own costs and expenses, including, without limitation, attorneys' fees.

4. The Parties waive service under Rule 4(d) of the Federal Rules of Civil Procedure and waive all rights to seek judicial review or otherwise challenge or contest the validity of this Final Order.

5. The Complaint is dismissed with prejudice.

IT IS SO ORDERED.