UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

LELAND FOSTER, 

 Plaintiff, 

v. 

BEN-HAL, INC., a Michigan corporation, 

and SHREEJI-MIDLAND CORPORATION, 

a Michigan corporation, 

Defendants. 

_____________________________________

Case No. 1:14-cv-13496 

Hon. Thomas L. Ludington 

STIPULATION TO ENTRY OF CONSENT JUDGMENT 

Plaintiff Leland Foster and Defendants Ben-Hal, Inc. and ShreejiMidland Corporation, by and through their undersigned attorneys, stipulate and 

agree to entry of the accompanying Consent Judgment, which adjudicates all the 

claims of all the parties and ends this action. 

 /s/ Owen B. Dunn, Jr. 

Owen B. Dunn, Jr. (P66315) 

LAW OFFICE OF OWEN B. DUNN, JR. 

4334 West Central Avenue, Suite 222 

Toledo, Ohio 43615 

Telephone: (419) 241-9661 

Email: dunnlawoffice@sbcglobal.net 

Attorney for Plaintiff

 /s/ Jonathan E. Lauderbach 

Jonathan E. Lauderbach (P51313) 

WARNER NORCROSS & JUDD LLP 

715 East Main Street, Suite 110 

Midland, Michigan 48640 

Telephone: (989) 698-3700 

Email: jlauderbach@wnj.com

Attorneys for Defendants 

159515.160994 #11690817-2 

Case 1:14-cv-13496-TLL-PTM ECF No. 12 filed 12/08/14 PageID.38 Page 1 of 6
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

LELAND FOSTER, 

 Plaintiff, 

v. 

BEN-HAL, INC., a Michigan corporation, 

and SHREEJI-MIDLAND CORPORATION, 

a Michigan corporation, 

Defendants. 

_____________________________________

Case No. 1:14-cv-13496 

Hon. Thomas L. Ludington 

CONSENT JUDGMENT 

 

 This matter came before the Court on the Complaint, as amended, filed by 

Plaintiff Leland Foster against Defendants Ben-Hal, Inc. and Shreeji-Midland 

Corporation (collectively, “Defendants”) alleging that the hotel in which both 

Defendants have an ownership interest (the “Hotel”) is a place of public 

accommodation within the meaning of the Americans With Disabilities Act, 42 

USC § 12181, et seq. (the “ADA”) and the Michigan Persons With Disabilities 

Civil Rights Act, MCL 37.1301, et seq. (the “PWDCRA”), and that the Hotel was 

not in compliance with the ADA and the PWDCRA and the regulations 

promulgated thereunder. The Complaint, as amended, sought both money 

damages and injunctive relief “requiring Defendants to make all readily achievable 

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alterations to allow full and equal enjoyment of” the Hotel. The parties have 

agreed to enter into this Consent Judgment resolving all claims associated with this 

litigation, and the Court is fully advised in the premises. 

 Accordingly, it is ORDERED, ADJUDGED and DECREED that 

judgment is entered in favor of Plaintiff and against Defendants, jointly and 

severally, awarding damages in the amount of $2,000.00 and attorneys’ fees in the 

amount of $5,500.00, for a total judgment of $7,500.00, which includes all 

damages, taxable costs or other sums to which Plaintiff or his counsel may be 

entitled. 

 It is further ORDERED, ADJUDGED and DECREED that Defendants 

shall, within ninety (90) days of the date of entry of this Consent Judgment, make 

the following alterations to the Hotel: 

Designated Accessible Guestrooms with Roll-In Showers 

(Rooms 101 and 103) 

 1. Obtain and install shower spray units that comply with 

the 2010 Americans with Disability Act Accessibility Guidelines (the 

“Guidelines”). 

 2. Mount shower spray units at a height that complies with 

the Guidelines. 

 3. Lower all storage closets to a height that complies with 

the Guidelines. 

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 4. Install door locking mechanisms and peepholes at a 

height that complies with the Guidelines. 

 5. Install one lamp in each guestroom that is operated by a 

switch that complies with the Guidelines. 

 6. Install a side wall grab bar and a rear wall grab bar in the 

bathroom that comply with the Guidelines. 

 7. Install shower faucet controls that comply with the 

Guidelines. 

 8. Install lever-handled door hardware and locking 

hardware on adjoining guestroom doors that comply with the 

Guidelines. 

Designated Accessible Guestrooms with Bathtubs 

(Rooms 102, 104, 138 and 140) 

 1. Install shower spray units with hoses that comply with 

the Guidelines. 

 2. Install faucet controls that comply with the Guidelines. 

 3. Install entry door locking mechanisms and peepholes at a 

height that complies with the Guidelines. 

 4. Lower all storage closets to a height that complies with 

the Guidelines. 

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 5. Install one lamp in each guestroom that is operating by a 

switch that complies with the Guidelines. 

 6. Lower all towel racks to a height that complies with the 

Guidelines. 

Lobby Restroom 

 1. Widen the accessible stall in the women’s restroom by 

eight inches. 

Pool and Spa Area 

 1. Mount the shower spray unit at a height that complies 

with the Guidelines. 

 2. Install a pool lift or other alternative transfer means (e.g., 

a transfer wall or transfer steps) into the hot tub/spa. 

Fitness Center and Guest Laundry 

 1. Remove the sink and stub wall adjacent to the entryway. 

 2. Reverse the hinges and handle on the existing entry door, 

changing it from a right hand door to a left hand door. 

 It is further ORDERED, ADJUDGED and DECREED that Plaintiff has 

been afforded the opportunity to inspect the Hotel (including an expert if desired) 

and all conditions existing thereon and, upon completion of the foregoing 

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alterations, the Hotel shall be compliant in all respects with the ADA, the 

PWDCRA, all regulations promulgated thereunder, and the Guidelines. 

It is further ORDERED, ADJUDGED and DECREED that this Consent 

Judgment adjudicates all the claims of all the parties and ends this action. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: December 8, 2014 

    

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on December 8, 2014. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

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