Case: Antoninetti v. Chipotle Mexican Grill

3:05-cv-01660 | U.S. District Court for the Southern District of California

Filed Date: Aug. 22, 2005

Clearinghouse coding complete

Case Summary

On Aug. 22, 2005, a paraplegic individual who uses a wheelchair sued Chipotle, alleging that two of the defendant's restaurants did not provide full and equal access to customers in wheelchairs.In his complaint, the plaintiff alleged that when he had visited two Chipotle restaurants, one in Encinitas and one in San Diego, 44-inch high walls in front of the food preparation area obstructed his view, and thus he was denied full and equal access as non-disabled people have the opportunity to view …

On Aug. 22, 2005, a paraplegic individual who uses a wheelchair sued Chipotle, alleging that two of the defendant's restaurants did not provide full and equal access to customers in wheelchairs.

In his complaint, the plaintiff alleged that when he had visited two Chipotle restaurants, one in Encinitas and one in San Diego, 44-inch high walls in front of the food preparation area obstructed his view, and thus he was denied full and equal access as non-disabled people have the opportunity to view foods available for selection and the construction of their food. He also alleged that there were structural barriers at the entrance to the restaurants, dining tables, parking lots, and restrooms, making them inaccessible to those in wheelchairs, in violation of (1) the Americans With Disabilities Act (ADA), 42 U.S.C. §12102; (2) the Rehabilitation Act of 1973, § 504 (as amended 29 U.S.C. § 794); (3) the California Unruh Civil Rights Act, codified as California Civil Code §§ 51, 52, and 54.1, 54.3, and 55; and (4) other statutory measures which refer to the protection of the rights of "physically disabled persons." The plaintiff sought an injunction ordering the defendants to provide full and equal access (by removing architectural barriers), statutory damages, compensatory damages, and attorneys' fees and costs.

The defendant filed cross-complaints against the owners and operators of the properties on which the restaurants are located. The defendant also completed modifications to the restaurants to address the alleged lack of compliance with the ADA by Oct. 5, 2006.

On Jan. 12, 2007, the defendant moved to dismiss the case or in the alternative, to consolidate it with Antoninetti v. Chipotle Mexican Grill, Case No. 3:06-cv-02671, a lawsuit filed on Dec. 6, 2006 by the same plaintiff, involving the same defendant and questions of law, this time as a putative class action.

On Mar. 20, 2007, Judge Napoleon A. Jones, Jr. for the U.S. District Court for the District of Southern California, denied the defendants' motion to dismiss the case and granted their motion to consolidate for purposes of discovery only and leaving open the question of consolidation for trial.

Meanwhile, on Feb. 23, 2007, the defendant had implemented a written nationwide "Customers with Disabilities" policy ("the Policy"), and formally began training its employees on the policy between March and May 2007. Among other things, the Policy required managers to greet disabled customers and ask them whether they required accommodations, and instructed managers and crew that efficiency was secondary to ensuring a positive experience for disabled customers.

On Apr. 16, 2007, the defendant filed a motion for summary judgment, contending that the plaintiff's claims for injunctive relief under the ADA were moot because the defendant had modified the restaurants to comply with the Americans With Disabilities Act Accessibility Guidelines ("ADAAG"), including adoption and implementation of the effective nationwide Policy.

On June 14, 2007, the court found that there were genuine issues of material fact as to whether the defendant's food-preparation counters complied with state and federal accessibility laws and thus denied the defendant's motion for summary judgment. The defendant had argued that its Policy that required its staff to offer suitable accommodations for customers with disabilities (including, for example: (1) showing samples of the food to the customers in soufflé cups, (2) offering customers an opportunity to see and even sample food at a table in the dining area, (3) describing foods and food preparation processes to customers if they wished, or (4) any combination of above accommodations that was requested or appropriate) provided "equivalent facilitation" under Section 7.2(2)(iii) of the ADA.

As for parking, the court granted the defendant's motion for summary judgment as to the plaintiff's ADA claims, since the defendant cured the defects in both parking lots and only injunctive relief was available under the ADA. On the state law claims, the court denied the defendant's motion for summary judgment and granted the plaintiff's because it was undisputed that parking at both restaurants previously violated the ADAAG and therefore, the Unruh Act and the California Disabled Persons Act (DPA).

The court denied the plaintiff's motion for summary judgment on his claim that the tables at both restaurants violated the ADA because these claims were not part of the Complaint or any timely amendment to the Complaint.

The court also granted the defendant's motion for summary judgment as to the plaintiff's claims relating to the entrances at the San Diego restaurant and the bathrooms at both restaurants.

The court denied motions to reconsider by both parties. 2007 WL 2456223 (S.D. Cal. Aug. 23, 2007).

On Sept. 6, 2007, the defendant moved to consolidate cases for trial. At this time, the individual case was already ready for trial, and the class action was still in the formative stages. On Sept. 7, 2007, the Court found that consolidation for purposes of trial was not merited because the potential for delay and prejudice outweighed any savings of time or effort. 2007 WL 2669531 (Sept. 7, 2007). The cases remained consolidated for discovery purposes.

A four-day bench trial was held in late November 2007 and early December to determine the following issues: (1) whether the defendant’s prior practice of accommodating customers with disabilities constituted equivalent facilitation; (2) whether the Policy constituted equivalent facilitation; (3) whether the plaintiff is entitled to an injunction requiring the defendant to lower the wall in front of the restaurants’ food preparation counters; and (4) the amount of damages, if any, that the plaintiff is entitled to under the California Disabled Persons Act (CDPA) based on his visits to the restaurants.

On Jan. 10, 2008, Judge Jones concluded that the defendant's prior practice of informally accommodating customers had been insufficient to comply with the ADA, but that the Policy was sufficient. The court also found that the plaintiff was not entitled to an injunction requiring the defendant to lower the wall, but that the plaintiff was entitled to $5,000 in damages for the occasions on which he encountered barriers to his entrance into the restaurants. 2008 WL 111052 (S.D. Cal. Jan. 10, 2008).

On Apr. 21, 2008, the court denied the plaintiff's motion to amend findings of facts and for additional findings of fact. Later that month or in May 2008, the plaintiff appealed to the United States Court of Appeals for the Ninth Circuit, and the defendant cross-appealed.

On Feb. 6, 2009, Judge Jones awarded attorneys' fees to the plaintiff in the amount of $136,537.83, less than a quarter of the $550,651.33 in fees and costs the plaintiff had sought, and ordered the parties to pay their own costs. The plaintiff appealed, and on May 15, 2009, Judge Jones ordered a stay regarding attorneys' fees pending the decision of the Court of Appeals. 2009 WL 1390811 (S.D. Cal. May 15, 2009). During this period, Judge Barry Ted Moskowitz replaced Judge Jones as the district judge assigned to the case.

After a hearing on Nov. 16, 2010, the Ninth Circuit reversed the district court's decision that the Policy was compliant with the ADA, finding that the Policy was not equivalent because the “substitute experience” for disabled customers lacked the customers’ personal participation in the selection and preparation of the food that the full “Chipotle Experience” furnished and, therefore, violated the ADA. The Ninth Circuit remanded to the district court to determine the scope of injunctive relief necessary to remedy the plaintiff's inability to view the food preparation counters.

On Nov. 18, 2010, the Ninth Circuit awarded attorneys’ fees on appeal to the plaintiff, and referred the determination of the appropriate amount of fees to the court’s special master, Appellate Commissioner Peter L. Shaw.

On Nov. 29, 2010, Judge Moskowitz entered judgment against the defendant for violation of the ADA. The district court declined to enter injunctive relief, as the defendant represented that its food-preparation counters at all of the defendant's restaurants in California, including the two restaurants at issue in this case, had been lowered to a suitable height that made them visible to wheelchair-bound customers. Because the defendant had not yet furnished evidence of these modifications or that the modifications would be permanent, the court ordered that limited discovery and briefing take place. Judge Moskowitz referred the question of additional damages to the magistrate judge for a settlement conference. Finally, the court found that the plaintiff was entitled to more than the $136,357.83 in attorneys' fees awarded in the original district court action, but would wait to determine the amount until the other issues were resolved.

The plaintiff moved for summary judgment, on Apr. 22, 2011, and for attorneys' fees, on Apr. 29, 2011.

The plaintiff died on May 9, 2011, and on May 20, 2011, his widow and successor in interest to the claim filed a motion to substitute the plaintiff, and the motion was granted.

On Mar. 21, 2012, Judge Moskowitz granted in part and denied in part the plaintiff’s motion for summary judgment and denied the plaintiff’s motion for attorneys’ fees and expenses. The plaintiff's death rendered moot any claim for injunctive relief under Title III of the ADA, thus the court denied the requested injunction requiring the defendant to maintain the current heights of the walls at the food preparation areas.

Regarding damages, California Civil Code § 54.3 entitled a CDPA plaintiff to statutory minimum damages award of $1,000 for "each offense" established by the plaintiff. Upon determining that the defendant's unwritten policy constituted a violation of the ADA (and thus the CDPA as well) and that the original plaintiff had made five "bona fide" visits to the defendant's restaurants while that policy was in effect, the district court granted the plaintiff's request for $5,000 in statutory damages for each of his "bona fide" visits to the restaurant. Previously, on appeal, the Ninth Circuit had vacated the damages award and remanded for further proceedings. On remand, the plaintiff sought an additional $3,000 in damages because the original plaintiff had made three additional visits for the purposes of gathering evidence for this litigation. Here, the district court denied the plaintiff's request for $3,000 in additional damages, finding that these litigation-related visits should not be considered for the purposes of assessing damages, as he admitted in his deposition that his goal during the visits was to have bad experiences, and "allowing § 54.3 statutory damages for visits made with the express intention of advancing a CDPA plaintiff's position in litigation would enable CDPA plaintiffs essentially to write their own damages check." 2012 WL 12845619 (S.D. Cal. Mar. 21, 2012).

Last, the court denied the plaintiff’s motion for attorneys’ fees without prejudice, finding that it was premature.

On May 2, 2012, the plaintiff entered another motion for attorneys’ fees. On July 17, 2012, Judge Moskowitz granted in part and denied in part the plaintiff’s motion. The court granted the plaintiff an award of $545,079.05 in attorneys' fees and costs (in addition to the $5,000 in statutory damages). The plaintiff filed a motion in the Ninth Circuit for attorneys' fees and costs and was awarded an additional $353,469.95 in attorneys’ fees and expenses related to the appeals work that took place in 2008-2010.

As of January 22, 2014, the case appears to be closed.

Summary Authors

Eric Weiler (6/7/2010)

Matt Ramirez (8/12/2016)

Elizabeth Greiter (2/1/2018)

Related Cases

Antoninetti v. Chipotle Mexican Grill, Southern District of California (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5984676/parties/antoninetti-v-chipotle-mexican/


Judge(s)

Friedman, Daniel Mortimer (District of Columbia)

Jones, Napoleon A. Jr. (California)

McCurine, William Jr. (California)

Moskowitz, Barry Ted (California)

Porter, Louisa S. (California)

Attorneys(s) for Plaintiff

Vandeveld, Amy B. (California)

Attorneys(s) for Defendant

Corfee, Catherine M. (California)

Herter, Stacey L. (California)

Herzog, Jonathan J. (California)

Hurley, Gregory F. (California)

Judge(s)

Friedman, Daniel Mortimer (District of Columbia)

Jones, Napoleon A. Jr. (California)

McCurine, William Jr. (California)

Moskowitz, Barry Ted (California)

Porter, Louisa S. (California)

Attorneys(s) for Plaintiff

Vandeveld, Amy B. (California)

Attorneys(s) for Defendant

Corfee, Catherine M. (California)

Herter, Stacey L. (California)

Herzog, Jonathan J. (California)

Hurley, Gregory F. (California)

McKee, Jeanne V. (California)

Reinstein, Ezra J. (California)

Robinson, Virginia E. (Virginia)

Scalia, John Francis (Virginia)

Skorupka, Michael W. (Colorado)

Sorensen, Matthew (Virginia)

Vu, Jeanne Uyen (California)

Weston, William S. (California)

Williams, Ryan A. (Colorado)

Other Attorney(s)

Ferrell, Scott J. (California)

Robertson, Amy Farr (Colorado)

Trotter, Julie Rae (California)

Wegner, Lisa A. (California)

Documents in the Clearinghouse

Document

0:08-55867

Appeals Docket 08-55867

Antoninetti v. Chipotle Mexican Grill, Inc. et al

U. S. Court of Appeals for the Ninth Circuit

May 28, 2008

May 28, 2008

Docket

09-55946

Appeals Docket 08-55946

Antoninetti v. Chipotle Mexican Grill, Inc. et al

U. S. Court of Appeals for the Ninth Circuit

June 11, 2008

June 11, 2008

Docket

0:09-55327

Appeals Docket 09-55327

Antoninetti v. Chipotle Mexican Grill, Inc. et al

U. S. Court of Appeals for the Ninth Circuit

March 5, 2009

March 5, 2009

Docket

0:09-55425

Appeals Docket 09-55425

Antoninetti v. Chipotle Mexican Grill, Inc. et al

U. S. Court of Appeals for the Ninth Circuit

March 20, 2009

March 20, 2009

Docket

3:05-cv-01660

Docket

Antoninetti v. Chipotle Mexican, et al

Dec. 22, 2014

Dec. 22, 2014

Docket
1

3:05-cv-01660

Civil Complaint

Antoninetti v. Chipotle Mexican Grill, Inc. et al

2005 WL 2665517

Aug. 22, 2005

Aug. 22, 2005

Complaint
3

3:05-cv-01660

Answer To Complaint

Antoninetti v. Chipotle Mexican Grill, Inc. et al

2005 WL 3143844

Oct. 3, 2005

Oct. 3, 2005

Pleading / Motion / Brief
14

3:05-cv-01660

Cross Claim Of Chipotle Mexican Grill, Inc. Against Carl Kakcher Enterprises, Inc. And El Camino Plaza Associates, A California Joint Venture

Antoninetti v. Chipotle Mexican, et al

2006 WL 435155

Jan. 30, 2006

Jan. 30, 2006

Complaint
21

3:05-cv-01660

Cross-Defendant Carl Karcher Enterprises, Inc.'s Answer To Cross-Claim Of Chipotle Mexican Grill, Inc.

Antoninetti v. Chipotle Mexican, et al

2006 WL 1435936

March 30, 2006

March 30, 2006

Pleading / Motion / Brief
28

3:05-cv-01660

Cross-Defendant Carl Karcher Enterprises, Inc's Notice Of Motion And Motion For Summary Judgment; Memorandum Of Points And Authorities In Support Thereof

Antoninetti v. Chipotle Mexican Grill, et al

Aug. 11, 2006

Aug. 11, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5984676/antoninetti-v-chipotle-mexican/

Last updated Aug. 4, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Filed; (referred to Magistrate Judge William McCurine Jr.); Receipt No/Amt of Fee: #116509/$250; jury demand (dkt clerk) (Entered: 08/23/2005)

Aug. 22, 2005

Aug. 22, 2005

PACER
2

Summons issued (dkt clerk) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
4

Return of Service of summons and complaint executed upon defendant Chipotle Mexican on 9/8/05 (kaj) (Entered: 10/04/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
3

Answer to complaint by defendant Chipotle Mexican (atty maintenance) (kaj) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER
5

Order by Magistrate Judge William McCurine Jr.; E.N.E. Conference set for 9:00 11/14/05 before Mag Judge William McCurine Jr. (kaj) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
7

Request for entry of clerk's default against dft Chipotle Mexican Grill, Inc by plaintiff Maurizio Antoninetti (default not entered, dft answered complaint 10/03/05) (kaj) (Entered: 10/14/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
8

Declaration of Amy B. Vandeveld in support of request for enty of clerk's default judgment 7 by plaintiff Maurizio Antoninetti (kaj) (Entered: 10/14/2005)

Oct. 7, 2005

Oct. 7, 2005

PACER
6

DISCREPANCY ORDER by Judge Napoleon A. Jones Jr. rejecting document: First Amended Complaintfrom plaintiff Maurizio Antoninetti, non-compliance with local rule Other: Plaintiff needs to file leave to file amended complaint because defendant has already filed answer. (dkt clerk) (Entered: 10/13/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
9

Minutes: Enter Order by Magistrate Judge William McCurine Jr.; E.N.E. Conference held 9:00 11/14/05 ; noo settlement was reached; the court will issue a written order regulating discovery; Court Reporter: N/A (kaj) (Entered: 11/15/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
10

Scheduling Order by Magistrate Judge William McCurine Jr.; an E.N.E. Conf was held 11/14/05; Mand settlement conf set for 9:00 6/30/06 before Mag Judge Jan Adler ; Pretrial conf set for 10:30 8/14/06 before Judge Napoleon A. Jones Jr. ; Proposed final p/t conf ord by 8/7/06 (kaj) (Entered: 11/18/2005)

Nov. 17, 2005

Nov. 17, 2005

PACER
11

Stipulation and Order granting extension of time to join parties, amend pleadings or file additional pleadings, to be filed on or before 01/09/06 by Judge Napoleon A. Jones Jr. (kaj) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
12

Notice and Attorney Substitution signed by Judge Napoleon A. Jones Jr. terminating attorney Ryan A. Williams for Chipotle Mexican and substituting attorney Catherine M. Corfee (kaj) (Entered: 01/13/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
13

Stipulation and Order extending time to 1/30/06 to join parties, amend pleadings or file additional pleadings as to dft Chipotle Mexican Grill by Judge Napoleon A. Jones Jr. (kaj) (Entered: 01/13/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
14

Third-Party Complaint by defendant Chipotle Mexican against Carl Karcher Enterprises Inc and El Camino Plaza Associates (filed as a cross claim) (kaj) Modified on 01/31/2006 (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
15

Order by Magistrate Judge William McCurine Jr.; status conf set for 8:45 3/1/06 before Mag Judge William McCurine Jr. (kaj) Modified on 02/09/2006 (Entered: 02/07/2006)

Feb. 3, 2006

Feb. 3, 2006

PACER
16

Amended Minutes: Enter Order by Magistrate Judge William McCurine Jr.; in the court's previous order of 2/3/06, the Order should be amended to read that the telephonic status conf is scheduled for 3/1/06 at 8:45am not 3/1/05 at 8:45am; Court Reporter: N/A (kaj) (Entered: 02/10/2006)

Feb. 9, 2006

Feb. 9, 2006

PACER
17

Order by Magistrate Judge William McCurine Jr.; telephnic status held on 3/1/06; no continuance of the scheduling order will be granted at this time; telephonic status conf set for 9:00 4/10/06 before Mag Judge William McCurine Jr. (kaj) (Entered: 03/03/2006)

March 1, 2006

March 1, 2006

PACER
18

Third Party Summons issued (kaj) (Entered: 03/09/2006)

March 8, 2006

March 8, 2006

PACER
19

Praecipe for Alias Third Party Summons by third-party plaintiff Chipotle Mexican (kaj) (Entered: 03/14/2006)

March 10, 2006

March 10, 2006

PACER
20

Alias Third Party Summons issued (kaj) (Entered: 03/14/2006)

March 10, 2006

March 10, 2006

PACER
21

Answer by third-party defendant Carl Karcher to Third Party Complaint; jury demand (cross-claim filed 1/30/06 was actually a third-party complaint) (kaj) (Entered: 04/03/2006)

March 30, 2006

March 30, 2006

PACER
22

Notice of Party with Financial Interest by Carl Karcher (kaj) (Entered: 04/03/2006)

March 30, 2006

March 30, 2006

PACER
23

Return of Service of alias third party summons, cross claim of Chipotle Mexican Grill Inc executed upon third-party defendant Carl Karcher on 3/15/06 (kaj) (Entered: 04/04/2006)

April 3, 2006

April 3, 2006

PACER
24

Minutes: Enter Order by Magistrate Judge William McCurine Jr.; telephonic status conf held 9:00 4/10/06 ; Court Reporter: N/A (rcv'd in docketing 4/13/06) (kaj) Modified on 04/13/2006 (Entered: 04/13/2006)

April 10, 2006

April 10, 2006

PACER
25

AMENDED Scheduling Order by Magistrate Judge William McCurine Jr. Mand settlement conf set for 9:00 9/22/06 before Mag Judge William McCurine Jr., Final Pretrial conf set for 10:30 11/13/06 before Judge Napoleon A. Jones Jr. No Memo of cont of facts/law are to be filed unless so ordered by the court ; Proposed final p/t conf ord by 11/06/06 (axr) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

PACER
26

Order by Magistrate Judge William McCurine Jr.; On 7/19/06, the court received via fax a letter re the discovery issues that had been discussed during the telephonic status re: discovery held 7/19/06 at 1:45pm; further telephonic status re additional written submissions of counsel set for 9:00 8/14/06 before Mag Judge William McCurine Jr. (axr) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

PACER
27

Pro Hac Vice approved by Judge M. J. Lorenz on behalf of defendant Chipotle Mexican, third-party plaintiff Chipotle Mexican for Michael W Skorupka (joeh) (Entered: 08/10/2006)

Aug. 9, 2006

Aug. 9, 2006

PACER
28

Notice of Motion and Motion by cross-party defendant Carl Karcher for summary judgment, [ motion(s) referred to Judge Napoleon A. Jones Jr. ] motion hrg set for 10/10/06 at 10:30 (bar) (Entered: 08/15/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
29

Statement of facts by cross-party defendant Carl Karcher in support of motion for summary judgment [28-1] (bar) (Entered: 08/15/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
30

Proof of service by cross-party defendant Carl Karcher of: declaration, statement of facts, and motion for summary judgment (bar) (Entered: 08/15/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
31

Declaration of Ree R. Ryan in support of cross defendant Carl Karcher re motion for summary judgment [28-1] (bar) (Entered: 08/15/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
32

Minutes: Enter Order by Magistrate Judge William McCurine Jr.; a telephonic status conf re: discovery was held on the record 8/17/06; court will issue a further written order re regarding its oral rulings; Court Reporter: n/a (axr) (Entered: 08/22/2006)

Aug. 21, 2006

Aug. 21, 2006

PACER
33

Attorney Substitution: signed by Judge Napoleon A. Jones Jr. terminating attorney Catherine M Corfee for Chipotle Mexican, and substituting attorney William S Weston (axr) (Entered: 08/31/2006)

Aug. 29, 2006

Aug. 29, 2006

PACER
34

Order signed by Judge William McCurine Jr. on 9/6/06. On 8/17/06 and 8/24/06, the court held hrgs re the status of discovery and dfts request to cont the dates set in the court's scheduling order of 5/11/06. Mandatory settlement conf set for 12/6/06 at 2:00pm in courtroom C before Mag Judge William McCurine Jr. Proposed final pretrial conf order on or before 2/5/07. Final Pretrial Conference set for 2/12/2007 10:30 AM in Courtroom 12 before Judge Napoleon A. Jones Jr. No further cont of the dates and times set forth shall be granted without exceptional good cause.(axr, ) Additional attachment(s) added on 9/11/2006 (axr, ). (Entered: 09/11/2006)

Sept. 7, 2006

Sept. 7, 2006

PACER
36

Minute Entry for proceedings held before Magistrate Judge William McCurine Jr.: A Telephonic status conference re Discovery was held on the record on 9/19/2006. Counsel participated telephonically. Court to issue written order based upon oral rulings. (Tape #WMC06-1:11-2423).(Plaintiff Attorney Amy Vandeveld).(Defendant Attorney Jonathan Herzog). (ibf) (Entered: 09/21/2006)

Sept. 19, 2006

Sept. 19, 2006

PACER
35

ORDER signed by Judge William McCurine Jr. on 09/19/06. A status conf re: discovery was held on the record on 9/19/06. On or before 9/29/06, if dft discovers extra documents relevant to pla's RFP no. 1, documents must be disclosed to pla. On or before 9/21/06, dft shall produce to the court for in camera review a copy of the training manual requested by pla. On or before 9/25/06, pla shall inform the court what portions of the training manual he requests for review.(axr, ) (Entered: 09/21/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER

Minute Entry for Judge William McCurine Jr.: Status Conference set for 9/22/2006 02:00 PM in Courtroom C before Magistrate Judge William McCurine Jr.. (Tape #n/a).(Plaintiff Attorney n/a).(Defendant Attorney n/a). (rab)

Sept. 21, 2006

Sept. 21, 2006

PACER
37

Minute Entry for proceedings held before Judge William McCurine Jr.: Telephonic Status Conference re Pending Discovery Issues held on 9/22/2006; After hearing from counsel and based upon the Court's oral ruling the Court will issue a written order. (Tape #n/a).(Plaintiff Attorney Amy Vandeveld).(Defendant Attorney Jonathan Herzog). (rab) (Entered: 09/25/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER
38

ORDER following discovery hrg signed by Judge William McCurine Jr. on 09/22/06. Case came before the court on the record on 9/22/06 re pending discovery issues. On or before 9/28/06, dft must turn over to pla, the material contained on the CD-Rom. On or before 9/28/06, dft must produce the section of the training manual entitled "The Know" which was in effect on the date pla's claims arose.(axr, ) (Entered: 09/26/2006)

Sept. 25, 2006

Sept. 25, 2006

PACER
39

ORDER setting Status Conference re discovery set for 9/29/2006 09:00 AM in Courtroom C before Magistrate Judge William McCurine Jr.. Signed by Judge William McCurine Jr. on 9/25/06. (bar, ) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

PACER
40

ORDER signed by Judge William McCurine Jr. on 09/29/06. On 9/29/06, the court held a hrg, on the recod re pla's pending discovery requests and pla's request to cont to previously scheduled depositions. (axr, ) (Entered: 10/03/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER
43

Minute Entry for proceedings held before Judge William McCurine Jr.: Status Conference held on 9/29/2006; Court issued a written order (Tape #N/A).(Plaintiff Attorney Amy Vandeveld).(Defendant Attorney Jonathan Herzog). (rab) (Entered: 10/13/2006)

Sept. 29, 2006

Sept. 29, 2006

PACER
41

ORDER re: oral argument signed by Judge Napoleon A. Jones Jr. on 10/3/06. The court finds the motion 28 suitable for determination on the papers submitted and without oral argument. No appearances are required on 10/10/06. (axr, ) (Entered: 10/05/2006)

Oct. 3, 2006

Oct. 3, 2006

PACER
44

NOTICE by Carl Karcher Enterprises, Inc. to withdraw 28 Motion for Summary Judgment (cag) (Entered: 10/16/2006)

Oct. 6, 2006

Oct. 6, 2006

PACER
42

NOTICE of Voluntary Dismissal by Chipotle Mexican Grill, Inc. (Herzog, Jonathan) (Entered: 10/12/2006)

Oct. 12, 2006

Oct. 12, 2006

PACER
45

Stipulation and ORDER of dismissal, Carl Karcher Enterprises, Inc. third party defendant dismissed with prejudice.(filed as cross-claim). Signed by Judge Napoleon A. Jones Jr. on 10/12/06. OK PER COURT.(bar, ) (Entered: 10/18/2006)

Oct. 13, 2006

Oct. 13, 2006

PACER
47

Order signed by Mag Judge William McCurine Jr on 10/17/06. A telephonic status conf was held on 10/13/06. A further telephonic Status Conference set for 10/27/2006 04:00 PM in Courtroom C before Magistrate Judge William McCurine Jr..(axr, ) (Entered: 10/25/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
46

NOTICE of Appearance by Jonathan J Herzog on behalf of Chipotle Mexican Grill, Inc. (Herzog, Jonathan) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

PACER
48

MOTION to Continue Briefing Schedule on Defendant's Motion for Protective Order by Maurizio Antoninetti. (Vandeveld, Amy) Modified on 9/5/2007 to term motion per Order #57. (nsp). (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
49

NOTICE by Chipotle Mexican Grill, Inc. Stipulation re: Plaintiff's Disability;[Proposed] Order (Herzog, Jonathan) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

PACER
50

ORDER a telephonic Status Conference set for 11/21/2006 at 04:00 AM in Courtroom C before Magistrate Judge William McCurine Jr.. Signed by Judge William McCurine Jr. on 11/16/06. (agp) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
51

Joint MOTION Stipulation re: Plaintiff's Disability; [Proposed] Order by Chipotle Mexican Grill, Inc.. (Herzog, Jonathan) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

PACER
52

ORDER granting 51 Motion re: Plaintiff's Disability . Signed by Judge William McCurine Jr. on 11/06/06. (agp) (Entered: 11/22/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
53

ORDER that a telephonic Status Conference set for 11/28/2006 at 04:30 PM in Courtroom C before Magistrate Judge William McCurine Jr.. Signed by Judge William McCurine Jr. on 11/21/06. (agp) (Entered: 11/22/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
54

ORDER, all dates except for the 12/12/06, settlement conference contained in the Court's order of 9/7/06 are vacated. The court will issue an amended scheduling order. Signed by Judge William McCurine Jr. on 12/5/06. (bar, ) (Entered: 12/06/2006)

Dec. 5, 2006

Dec. 5, 2006

PACER
55

NOTICE of Hearing: Discovery Hearing set for 12/7/2006 04:30 PM in Courtroom C before Magistrate Judge William McCurine Jr.. (rab) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

PACER
56

NOTICE of Hearing: Telephonic Status Conference set for 12/11/2006 01:30 PM in Courtroom C before Magistrate Judge William McCurine Jr.. (rab) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

PACER
57

ORDER re discovery. Status Conf held 12/11/06. Signed by Judge William McCurine Jr. on 12/11/06. (bar, ) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

PACER
59

Minute Entry for proceedings held before Judge William McCurine Jr.: Settlement Conference held on 12/12/2006. Court to issue new scheduling order (Tape #n/a).(Plaintiff Attorney Amy B. Vandeveld).(Defendant Attorney Jonathan J. Herzog, Michael W. Skorupka). (rab) (Entered: 12/15/2006)

Dec. 12, 2006

Dec. 12, 2006

PACER
58

Amended Scheduling ORDER. Discovery due by 1/31/2007. Proposed Pretrial Order due by 6/4/2007. Final Pretrial Conference set for 6/11/2007 10:30 AM in Courtroom 12 before Judge Napoleon A. Jones Jr.. Signed by Judge William McCurine Jr. on 12/14/06. (bar, ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
60

NOTICE by Chipotle Mexican Grill, Inc. Substitution of Attorneys (Herter, Stacey) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

PACER
61

MOTION to Substitute Attorney by Chipotle Mexican Grill, Inc.. (Herter, Stacey) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
62

NOTICE by Chipotle Mexican Grill, Inc. Notice of Appearance of Gregory F. Hurley (Herter, Stacey) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
63

ORDER Attorney Gregory Francis Hurley for Chipotle Mexican Grill, Inc., Stacey L Herter for Chipotle Mexican Grill, Inc. added. Attorney Michael W Skorupka terminated. Signed by Judge Napoleon A. Jones Jr. on 1/8/07. (mam) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

RECAP
64

ORDER, Status Conference set for 1/12/2007 at 04:30 PM in Courtroom C before Magistrate Judge William McCurine Jr.. Signed by Judge William McCurine Jr. on 1/9/07. (bar, ) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

PACER
65

NOTICE by Maurizio Antoninetti of related case(s) 06cv2671 (Attachments: # 1 # 2)(Vandeveld, Amy) Modified on 1/16/2007 (bar, ). (low number order prepared) (Entered: 01/11/2007)

1 Proof of Service

View on PACER

2 Notice of Related Case

View on PACER

Jan. 11, 2007

Jan. 11, 2007

PACER
66

NOTICE by Chipotle Mexican Grill, Inc. Notice of Motion to Dismiss Case No. 05CV-1660 For Violation of Court Rules and Court Orders, Or in the Alternative to Consolidate with Case No. 06CV-2671 Pending in This Court (Herter, Stacey) Modified on 1/18/2007 (bar, ). (motion docketed as notice) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
67

MOTION to Dismiss Supporting Memorandum of Points and Authorities to Dismiss Case No. 05CV-1660 For Violation of Court Rules and Courts Orders, Or in the Alternative to Consolidate With Case No. 06CV-2671 by Chipotle Mexican Grill, Inc.. (Herter, Stacey) Modified on 1/18/2007 (bar, ). (supporting document docketed as motion) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

RECAP
68

DECLARATION re 67 MOTION to Dismiss Supporting Memorandum of Points and Authorities to Dismiss Case No. 05CV-1660 For Violation of Court Rules and Courts Orders, Or in the Alternative to Consolidate With Case No. 06CV-2671 Declaration of Stacey L. Herter by Defendant Chipotle Mexican Grill, Inc.. (Herter, Stacey) Modified on 1/18/2007 (bar, ). (supporting document to motion) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
69

NOTICE by Chipotle Mexican Grill, Inc. re 67 MOTION to Dismiss Supporting Memorandum of Points and Authorities to Dismiss Case No. 05CV-1660 For Violation of Court Rules and Courts Orders, Or in the Alternative to Consolidate With Case No. 06CV-2671 Request for Judicial Notice in Support of Motion to Dismiss (Herter, Stacey) Modified on 1/18/2007 (bar, ).(supporting document to motion) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER

MOTION to Consolidate Case with case No. 06cv2671 pending in court by Chipotle Mexican Grill, Inc.. 66 (bar, ) (two part motion, docketed as one).

Jan. 12, 2007

Jan. 12, 2007

PACER
70

RESPONSE to Motion re MOTION to Consolidate Cases, 67 MOTION to Dismiss Supporting Memorandum of Points and Authorities to Dismiss Case No. 05CV-1660 For Violation of Court Rules and Courts Orders, Or in the Alternative to Consolidate With Case No. 06CV-2671 Memorandum of Points and Authorities filed by Maurizio Antoninetti. (Attachments: # 1 Request for Judicial Notice In Support of Opposition# 2 Declaration of Amy B. Vandeveld# 3 Exhibit to Declaration of Amy B. Vandeveld# 4 Proof of Service)(Vandeveld, Amy) (Entered: 01/24/2007)

1 Request for Judicial Notice In Support of Opposition

View on PACER

2 Declaration of Amy B. Vandeveld

View on PACER

3 Exhibit to Declaration of Amy B. Vandeveld

View on PACER

4 Proof of Service

View on PACER

Jan. 24, 2007

Jan. 24, 2007

PACER
71

ORDER finding 67 Motion to Dismiss or Consolidate suitable for submission on the papers and without oral argument. No appearances required 2/12/07. Signed by Judge Napoleon A. Jones Jr. on 2/2/07. (cag) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
72

MOTION for Hearing CHIPOTLE'S REQUEST FOR TELEPHONIC STATUS CONFERENCE by Chipotle Mexican Grill, Inc.. (Herter, Stacey) (Entered: 02/15/2007)

Feb. 15, 2007

Feb. 15, 2007

PACER
73

RESPONSE to Motion re 72 MOTION for Hearing CHIPOTLE'S REQUEST FOR TELEPHONIC STATUS CONFERENCE filed by Maurizio Antoninetti. (Attachments: # 1 Proof of Service)(Vandeveld, Amy) (Entered: 02/15/2007)

1 Proof of Service

View on PACER

Feb. 15, 2007

Feb. 15, 2007

PACER
74

ORDER REFERRING 72 REQUEST FOR TELEPHONIC STATUS CONFERENCE filed by Chipotle Mexican Grill, Inc. to Magistrate Judge William McCurine, Jr. for disposition . Signed by Judge Napoleon A. Jones Jr. on 2/16/07. (cag) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
75

Ex Parte MOTION for Leave to File MSJ Under Seal by Maurizio Antoninetti. (Attachments: # 1)(Vandeveld, Amy) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
76

ORDER. Telephonic Status Conference held 1/12/07. All pending dates contained in 12/14/06 scheduling order are vacated. Telephonic Status Conference set for 3/14/2007 09:00 AM in Courtroom C before Magistrate Judge William McCurine Jr. Signed by Judge William McCurine Jr. on 2/16/07. (cag) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
77

Minute Entry for proceedings held before Magistrate Judge William McCurine Jr.: Status Conference held on 3/14/2007, Court to issue Order (Plaintiff Attorney Amy B Vandeveld).(Defendant Attorney Gregory Francis Hurley and Stacy Herter). (jmj) (Entered: 03/20/2007)

March 14, 2007

March 14, 2007

PACER
78

ORDER denying dfts' 67 Motion to Dismiss Case 05cv1660, granting dfts' 66 Motion to Consolidate Cases 05cv1660 and 06cv2671 for purposes of discovery only at this time . Signed by Judge Napoleon A. Jones Jr. on 3/20/07. (kaj) (Entered: 03/21/2007)

March 20, 2007

March 20, 2007

RECAP
79

ORDER granting pla's ex parte application for leave to file motion for summary judgment and related documents under seal and in hard copy 75 . Signed by Judge Napoleon A. Jones Jr. on 3/20/07. (kaj) (Entered: 03/21/2007)

March 20, 2007

March 20, 2007

PACER
80

ORDER. The court held a telephonic status conference on 3/14/07. Telephonic Status Conference set for 4/16/2007 at 04:30 PM in Courtroom C before Magistrate Judge William McCurine Jr... Signed by Judge William McCurine Jr. on 3/29/07. (bar, ) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

PACER
81

Ex Parte MOTION for Leave to File Application for Order Vacating 4/16/07 Date for Filing Pre-Trial Motions and Requiring Plaintiff to Seek Class Certification in 06CV2671 Prior to the Filing any Dispositive Motions by Chipotle Mexican Grill, Inc.. (Herter, Stacey) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
82

DECLARATION re 81 Ex Parte MOTION for Leave to File Application for Order Vacating 4/16/07 Date for Filing Pre-Trial Motions and Requiring Plaintiff to Seek Class Certification in 06CV2671 Prior to the Filing any Dispositive Motions by Defendant Chipotle Mexican Grill, Inc.. (Herter, Stacey) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
83

AFFIDAVIT in Opposition re 81 Ex Parte MOTION for Leave to File Application for Order Vacating 4/16/07 Date for Filing Pre-Trial Motions and Requiring Plaintiff to Seek Class Certification in 06CV2671 Prior to the Filing any Dispositive Motions filed by Maurizio Antoninetti. (Attachments: # 1 Declaration of Amy B. Vandeveld and Exhibit Thereto# 2 Proof of Service to Opposition to Ex Parte Application)(Vandeveld, Amy) (Entered: 04/09/2007)

1 Declaration of Amy B. Vandeveld and Exhibit Thereto

View on PACER

2 Proof of Service to Opposition to Ex Parte Application

View on PACER

April 9, 2007

April 9, 2007

PACER
84

ORDER REFERRING defendant's ex parte application to Magistrate Judge: 81 Ex Parte MOTION for Leave to File Application for Order Vacating 4/16/07 Date for Filing Pre-Trial Motions and Requiring Plaintiff to Seek Class Certification in 06CV2671 Prior to the Filing any Dispositive Motions filed by Chipotle Mexican Grill, Inc.. Signed by Judge Napoleon A. Jones Jr. on 4/10/07. (bar, ) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

PACER
85

ORDER; on the court's own motion, a telephonic Status Conference is set for 4/13/2007 03:00 PM in Courtroom C before Magistrate Judge William McCurine Jr.; Signed by Magistrate Judge William McCurine Jr. on 4/10/07. (kaj) (Entered: 04/11/2007)

April 11, 2007

April 11, 2007

PACER
86

Notice of Plaintiffs' Motion for Summary Judgment (kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Entered: 04/16/2007)

April 12, 2007

April 12, 2007

PACER
87

Memorandum of Points and Authorities in Support of Plaintiff's 86 Motion for Summary Judgment (kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Entered: 04/16/2007)

April 12, 2007

April 12, 2007

PACER
88

Plaintiff's Separate Statement of Uncontroverted Facts in Support of 86 Motion for Summary Judgment (kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Entered: 04/16/2007)

April 12, 2007

April 12, 2007

PACER
89

Declaration of Maurizio Antoninetti in Support of Plaintiff's 86 Motion for Summary Judgment (kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Entered: 04/16/2007)

April 12, 2007

April 12, 2007

PACER
90

Declaration of Steven Schraibman in Support of Plaintiff's 86 Motion for Summary Judgment(kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Entered: 04/16/2007)

April 12, 2007

April 12, 2007

PACER
91

Declaration of Nancy J. Bonica in Support of Plaintiff's 86 Motion for Summary Judgment (kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Entered: 04/16/2007)

April 12, 2007

April 12, 2007

PACER
92

Notice of Lodgment in Support of Plaintiff's 86 Motion for Summary Judgment (kaj) Modified on 9/24/2007 to update docket entry per Order dated 9/21/07 (aje). (Attachments: # 1 Exhibit 2 # 2 Exhibit 3 # 3 Exhibit 4 # 4 Exhibit 5 # 5 Exhibit 6 # 6 Exhibit 7 # 7 Exhibit 8 # 8 Exhibit 9 # 9 Exhibit 10) (Entered: 04/16/2007)

1 Exhibit 2

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2 Exhibit 3

View on PACER

3 Exhibit 4

View on PACER

4 Exhibit 5

View on PACER

5 Exhibit 6

View on PACER

6 Exhibit 7

View on PACER

7 Exhibit 8

View on PACER

8 Exhibit 9

View on PACER

9 Exhibit 10

View on PACER

April 12, 2007

April 12, 2007

PACER
161

DECLARATION of Amy B. Vandeveld in Support of 86 Plaintiff's Motion for Summary Judgment by Plaintiff Maurizio Antoninetti. (aje) (Entered: 09/25/2007)

April 12, 2007

April 12, 2007

PACER
104

Minute Entry for proceedings held before Judge William McCurine Jr.: Telephonic Status Conference re Defendant's Ex Parte Request held on 4/13/2007; Court denied Defendant's Ex Parte Request and will issue an order. (Tape #WMC07-3:05-3:27).(Plaintiff Attorney Amy B. Vandeveld).(Defendant Attorney Gregory Francis Hurley, Stacie Herter). (rab) (Entered: 04/20/2007)

April 13, 2007

April 13, 2007

PACER
93

NOTICE by Chipotle Mexican Grill, Inc. of Motion for Summary Judgment, or in the Alternative, Motion for Summary Adjudication (Herter, Stacey) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
94

MOTION for Summary Judgment, or in the Alternative, Motion for Summary Adjudication, Memo of Points and Authorities in Support Thereof by Chipotle Mexican Grill, Inc.. (Herter, Stacey) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
95

Separate Statement of Undisputed Facts in Support of motion 94 by Chipotle Mexican Grill, Inc.. (Herter, Stacey) Modified on 4/17/2007 to correct text (kaj). (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
96

DECLARATION OF RON SEDILLO IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by Defendant Chipotle Mexican Grill, Inc.. (Herter, Stacey) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 22, 2005

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A paraplegic individual who uses a wheelchair

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Chipotle Mexican Grill, Inc., Private Entity/Person

Defendant Type(s):

Restaurant

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $903,549

Issues

General:

Access to public accommodations - privately owned

Barrier Removal

Bathrooms

Parking

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Non-government for profit