UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

LELAND FOSTER, 

 Plaintiff, 

v. 

MISTRINI, LLC, a Michigan 

limited liability company, 

Defendant. 

_____________________________ 

Case No. 1:14-cv-14660 

Hon. Thomas L. Ludington 

STIPULATION TO ENTRY OF CONSENT JUDGMENT 

Plaintiff Leland Foster and Defendant Mistrini, LLC, 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 Defendant 

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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

LELAND FOSTER, 

 Plaintiff, Case No. 14-cv-14660 

v Honorable Thomas L. Ludington 

MISTRINI, LLC, a Michigan limited liability 

company, 

 Defendant. 

__________________________________________/ 

CONSENT JUDGMENT 

 

 This matter came before the Court on the Complaint filed by Plaintiff Leland Foster 

against Defendant Mistrini, LLC (“Defendant”) alleging that the hotel owned by Defendant (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 sought both money damages and injunctive relief “requiring Defendant to make 

all readily achievable 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 hereby ORDERED, ADJUDGED and DECREED that judgment is 

entered in favor of Plaintiff and against Defendants, jointly and severally, awarding damages in 

the amount of $3,750.00, which includes all damages, taxable costs, attorneys’ fees or any other 

sums to which Plaintiff or his counsel may be entitled. 

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 It is further ORDERED, ADJUDGED and DECREED that Defendant shall, within two 

hundred seventy (270) days of the date of entry of this Consent Judgment, make the following 

alterations to the Hotel: 

1. Properly mark access aisles serving handicapped parking spaces so as to 

discourage parking within such access aisles. Access aisles shall be marked at a 

width of at least 60 inches. 

2. Relocate the partition currently located adjacent to the Hotel front door so that 

sufficient space is available between the partition and the front door to allow 

wheelchair access thereto. 

 It is further ORDERED, ADJUDGED and DECREED that Plaintiff has been afforded 

the opportunity to inspect the Hotel (with an expert, if desired) and all conditions existing 

thereon and, upon completion of the foregoing 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: February 4, 2015 

 

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 February 4, 2015. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

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