CONSENT DECREE AND [PROPOSED] ORDER

WILLIAM B. SHUBB, District Judge.

1. Plaintiff Jessica Olson filed this action on August 17, 2013 in this Court: (i) to obtain injunctive relief; and (ii) to recover damages for allegedly discriminatory experiences, denial of access, and denial of her civil rights against Defendant. Plaintiff alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § § 12101 et seq., and California civil rights laws, including the California Health and Safety Code and the California Civil Code, against Defendant Mammoth Mountain Ski Area, LLC ("Defendant"), which operates a mountain resort, lodging, and associated facilities located in Mammoth Lakes, California (for purposes of this Consent Decree, the above described real property and all buildings and fixtures thereon shall be collectively referred to herein as the "Property" or the "Facility"). Defendant expressly denies the allegations of the complaint and that it is liable to Plaintiff in any manner for anything relating to the action, but agrees to this Consent Decree as a compromise.

2. Defendant and Plaintiff (collectively sometimes referred to herein as the "Parties" or separately as a "Party") wish to memorialize their settlement of the portion of the case relating to issues of injunctive relief and hereby desire to enter into this Consent Decree. The Parties hereby enter into this Consent Decree and Order for the purpose of resolving certain specified aspects of the lawsuit without the need for protracted litigation, and without the admission of any liability. The Parties understand that this Consent Decree is a compromise of disputed claims and does not reflect or constitute an admission of wrongdoing of any of the Parties. Plaintiff and Defendant further acknowledge and agree that this Consent Decree shall not be used as an admission of liability in any dispute the parties may have now or in the future with respect to any person or entity. Plaintiff and Defendant enter into this Consent Decree for the sole purpose of resolving the action without the need for protracted litigation and without the admission of any liability.

JURISDICTION:

3. The Parties agree that the Court has jurisdiction of this matter for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq. and pursuant to supplemental jurisdiction under 28 U.S.C. §1367(a) for alleged violations of Title 24 California Code of Regulations; California Health & Safety Code §19953 et seq. and California Civil Code §§51, 54, 54.1, Injunctive Relief Per Title III, and the Americans Disability Act of 1990.

4. In order to avoid the costs, expense, and uncertainty of protracted litigation, the Parties agree to entry of this Order to resolve all claims regarding injunctive relief raised in the operative Complaint filed with this Court. Accordingly, the Parties agree to the entry of the proposed Order related to this Consent Decree without trial or further adjudication of the issues addressed herein.

5. WHEREFORE, the Parties hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows:

SETTLEMENT OF INJUNCTIVE RELIEF:

6. This Consent Decree and Order shall be a full, complete, and final disposition and settlement of all of Plaintiff's claims, demands, suits, liens, liabilities, debts, controversies, and causes of action against Defendant and any other parties for injunctive relief that have arisen out of the acts and/or omissions alleged, or which could have been alleged, in the subject Complaint. The Parties agree that there has been no admission or finding of liability or violation of federal, state, or local law, the ADA and/or California civil rights law, and this Consent Decree should not be construed as such.

7. Defendant, with the assent of Plaintiff, has retained a disabled-access consultant who has inspected the Property and Facility at issue and has worked with the Parties in determining what corrective work will be done to bring the Property and the Facility into compliance with the California Code of Regulations, Title 24-2 and the Americans with Disabilities Act. Defendant opened its entire Property and Facility to Plaintiff, her counsel, and the disabled-access consultant for inspection, and did not limit the inspection to the areas specified in Attachment A. Plaintiff did not bring her own disabled-access consultant to the inspection. The Parties agree and stipulate that the corrective work will be performed in compliance with the standards and specifications for disabled access as set forth in the California Code of Regulations, Title 24-2 and the 2010 Standards Americans with Disabilities Act, unless other standards are specifically agreed to in this Consent Decree and Order.

8. Remedial Measures: The corrective work agreed upon by the Parties is attached here to as Exhibit "A". Defendant agrees to undertake all of the remedial work set forth therein. Plaintiff will accept the areas of the Property and Facility described in Attachment A as compliant with the ADA, the Unruh Act, and the California Disabled Persons Act, or any similar laws, for purposes of settlement of her claims. Plaintiff expressly agrees that she has no other complaints as to any area of Defendant's facilities or premises known to her at the time this Consent Decree was signed. Nothing in this Consent Decree and Order or Attachment A hereto shall be construed as limiting, restricting or forbidding Defendant from performing any other work at the Property or Facility or refurbishing, repairing, remodeling, improving or demolishing any structures, facilities, or any other aspect of Defendant's Property or Facility.

9. Timing of Injunctive Relief: Exhibit "A" also includes the estimated timeframe for completing the work described therein. In the event that unforeseen difficulties prevents Defendant from completing any of the agreed-upon injunctive relief within the timeframes specified, Defendant or its counsel will notify Plaintiff's counsel in writing within fifteen (15) days of discovering any such difficulties. Defendant, or its counsel, will promptly notify Plaintiff's counsel when the corrective work is complete, and in any case, will provide a status report on or before November 30, 2015.

10. If Plaintiff contends any or some portion of the corrective construction work to be completed under Consent Decree has not been carried out correctly, Plaintiff will provide written notice to Defendant via its counsel detailing in what respects Plaintiff contends the Facility is non-compliant. Within fourteen (14) calendar days of receiving this notice, Defendant will respond to said notice. If the Parties are unable to agree upon a course of action, they will hold a meet and confer within thirty (30) calendar days of Plaintiff's written notice and will use their best efforts to resolve the dispute informally. If the Parties are still unable to agree, they will submit the matter to the judge then-assigned to the case.

SETTLEMENT OF ISSUES RELATED TO DAMAGES, ATTORNEYS FEES, LITIGATION EXPENSES, AND COSTS:

11. The Parties have reached an agreement regarding all of Plaintiff's claims, including claims for damages, attorneys' fees, litigation expenses and costs. These issues have been settled in their entirety, covering all claims for personal injury, civil rights, statutory damages, and any other form of damages, as well as Plaintiff's claim for attorneys' fees, litigation expenses and costs, the terms of which are set forth in a separate settlement agreement.

ENTIRE CONSENT ORDER:

12. This Consent Decree and Order and Exhibit "A" to the Consent Decree, which is incorporated herein by reference as if fully set forth in this document, constitutes the entire agreement between the signing Parties on all matters of injunctive relief, and no other statement, promise, or agreement, either written or oral, made by any of the Parties or agents of any of the Parties, that is not contained in this written Consent Decree and Order, shall be enforceable regarding the matters of injunctive relief specifically described herein.

CONSENT ORDER BINDING ON PARTIES AND SUCCESSORS IN INTEREST:

13. This Consent Decree and Order shall be binding on Plaintiff and Defendant, and on the Parties' successors in interest, heirs and assigns, or any them, and each of their respective successors in interest, heirs and assigns or any of them. The Parties have a duty to so notify all such successors in interest of the existence and terms of this Consent Decree and Order during the period of the Court's jurisdiction of this Consent Decree and Order and each party hereby represents and warrants that they shall inform each of their successors and assigns, including any person or entity acquiring an interest in the Property or the business operated thereat of the terms of this Consent Decree and the fact that it shall be binding upon said successors and assigns.

RELEASE AND WAIVER OF CIVIL CODE SECTION 1542:

14. Plaintiff, on behalf of herself, her agents, assignees, attorneys, heirs, executors and administrators agrees to release and discharge Defendant, and each of its agents, employees, officers, directors, trustees, representatives, attorneys, parents, subsidiaries, divisions, related corporations, assigns, successors and affiliated organizations from all sums of money, claims, demands, contracts, actions, suits, liens, liabilities, debts, controversies, agreements, damages and causes of action whatsoever, and/or injunctive relief pursuant to any legal or equitable theory, whether contractual, common law, statutory, federal, state, whether known or unknown, suspected or unsuspected by her, which she now owns, holds, has or claims to have or at any time theretofore owned, held or claimed to have held against Defendant in connection but not limited to any of the claims, actions, or causes of action, which were alleged or stated or which could have been alleged or stated, or the facts, matters, transactions or occurrences referred to in this action. Plaintiff specifically releases and discharges all civil causes of action, all claims arising out of any alleged suit by her involving Defendant's lodging and resort complex, the Property and the Facility, all claims for violation of civil rights, all claims for discrimination against persons with disabilities, all claims for violation of the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964, Cal. Gov't Code § 4450 et seq., Cal. Civil Code §§ 51, 52, 54, 54.1, 54.3, 55, et seq., Cal. Health and Safety Code §§ 19953-19959 et seq., Title 24 Cal. Code of Regulations, and Cal Bus. & Professions Code § 17200 et seq., and/or any similar laws, and all claims for declaratory relief.

15. Plaintiff understands and agrees that there is a risk and possibility that, subsequent to the execution of this Consent Decree, that she will incur, suffer, or experience some further loss or damage which is in some way caused by the matters referred to in the action, but which is unknown and unanswered at the time this Consent Decree is signed, and Plaintiff hereby assumes the above-mentioned risks. Plaintiff acknowledges that this Consent Decree shall apply to all unknown and unanticipated results of the transactions and occurrences alleged in the action as well as those known and anticipated, and Plaintiff does hereby waive any and all rights under California Civil Code Section 1542, which section reads as follows:

This waiver is not a mere recital but is a knowing waiver of the rights and benefits otherwise available under section 1542 by the Parties.

TERM OF THE CONSENT DECREE AND ORDER:

16. This Consent Decree and Order shall be in full force and effect for a period of seventy two months (72) months after the date of entry of this Consent Decree and Order, or until the injunctive relief contemplated by this Order is completed, whichever occurs later. The Court shall retain jurisdiction of this action to enforce provisions of this Order for seventy two (72) months after the date of this Consent Decree, or until the relief contemplated by this Order is completed, whichever occurs later.

SEVERABILITY:

17. If any term of this Consent Decree and Order is determined by any court to be unenforceable, all other terms of this Consent Decree and Order shall nonetheless remain in full force and effect.

SIGNATORIES BIND PARTIES:

18. Signatories on the behalf of the Parties represent that they are authorized to bind the Parties to this Consent Decree and Order. This Consent Decree and Order may be signed in counterparts and a facsimile or e-mail signature shall have the same force and effect as an original signature.

IT IS SO ORDERED.

EXHIBIT A