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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

LELAND FOSTER, 

Plaintiff, Case No. 3:16-cv-11 

v. 

 Judge Robert L. Miller, Jr. 

WMCR HOLDING CO., a Michigan 

Corporation, Magistrate Judge Michael G. Gotsch, Sr. 

AND 

WMCR CO., a Michigan Corporation, DBA 

"Taco Bell/KFC" 

Defendants. 

CONSENT DECREE AND DISMISSAL ORDER 

_____________________________________________________________________________ 

Plaintiff Leland Foster (“Foster”) filed this action against WMCR Holding Co. and 

WMCR Co.(“WMCR”) (collectively referred to as the “Parties”) in the United States District 

Court for the Northern District of Indiana, Case Number 3:16-cv-11; 

WHEREAS, Foster alleged violations of Title III of the Americans with Disabilities Act, 

42 U.S.C. § 12181, et seq. (“Title III” of the “ADA”) and Indiana Code §22-9-1-2(a) at a retail 

restaurant located at 2612 Lincolnway West, Mishawaka, IN 46544 (the “Property”); 

WHEREAS, WMCR expressly denies that the Property is in violation of the ADA or 

Indiana statutes and denies any other wrongdoing or liability whatsoever; 

WHEREAS, the Parties desire to resolve this matter, without further formal proceedings, 

and have voluntarily entered into this Consent Decree; 

NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in 

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this Decree and Order, the Parties request this Court to approve and enter this Consent Decree 

accordingly. 

1. Undertakings by WMCR 

Without admitting liability, in response to and in settlement of the allegations contained 

in Foster’s Complaint, and all other allegations brought or which could have been brought in this 

action with respect to this Property, Foster and WMCR agree the following alterations have 

already been completed; or WMCR agrees to perform the following barrier removal, alterations, 

and modifications at and to the Property, if not previously completed, subject to a reasonable 

extension due to acts of God, force majeure, or events beyond the control of WMCR such as 

inability to obtain building or zoning permits, failure of the city/county inspectors to make 

inspections, contractor defaults or delays, or work stoppages: 

A. On or before November 30, 2016, WMCR will create a minimum of one 

designated van accessible parking space with an access aisle that extends 

the full length of the parking space it serves, without any ramp or 

obstacles extending into it, and include parking space identification signs 

that include the International Symbol of Accessibility marking it as “Van 

Accessible” per the 2010 Standards for Accessible Design. 

B. On or before November 30, 2016, WMCR will remove and replace the 

cracked section of the sidewalk ramp to provide better alignment with the 

existing slope of the ramp. 

C. On or before January 1, 2017, WMCR will install electric door operators 

to open the entrance door and vestibule door. 

D. On or before January 1, 2017, WMCR will install electric door operators 

to open the doors for the restrooms. 

E. On or before December 31, 2018, WMCR or its successor property owner 

shall insulate the drain and water supply pipes contained in the restrooms. 

F. On or before December 31, 2018, WMCR or its successor property owner 

shall install and/or relocate grab bars consistent with applicable sections of 

the ADA. 

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G. On or before December 31, 2018, WMCR or its successor property owner 

shall replace the hardware for the restroom sinks with hardware that does 

not require tight clasping or twisting. 

H. On or before December 31, 2018, WMCR or its successor property owner 

shall raise the sinks in both restrooms to the appropriate clearance height. 

I. On or before December 31, 2018, WMCR or its successor property owner 

shall relocate the mirrors, soap dispensers, toilet paper dispensers and 

install new recessed paper towel dispensers at the appropriate height. 

J. On or before December 31, 2018, WMCR or its successor property owner 

shall eliminate the urinal in the men’s restroom. 

2. Undertakings by Plaintiff Foster: Foster agrees that he is releasing WMCR is 

subsidiaries, divisions, affiliates, related companies, predecessors, successors, assigns, 

shareholders, members, managers, directors, officers, employees and agents from any and all 

claims, causes, damages, demands, liabilities, equities, and any and all other claims, whether 

known or unknown, from the beginning of time to the date of the entry of this Consent Decree 

and Order. Foster further agrees that the completion of the above-referenced modifications will 

fully resolve his claims against WMCR in the above-captioned matter, and consents to the 

Court’s dismissal of this matter. 

3. The Court finds that the modifications and alterations agreed to be made by 

WMCR at the Property are the only ones that would be considered "readily achievable," which 

would be achievable to the "maximum extent feasible," or which would otherwise be currently 

required under the Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq., and under 

Indiana Code §22-9-1-2(a). 

4. Upon completion of the above-listed modifications, the Court and the Parties 

agree that the Property is in compliance with the Americans with Disabilities Act and Indiana 

law to the extent readily achievable. 

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5. WMCR shall pay or cause to be paid the total of Six Thousand Five Hundred 

Dollars ($6,500.00) directed to Foster and Foster’s counsel of record, Law Office of Owen B. 

Dunn, Jr. Payment shall be made to the order of “Leland Foster and Owen Dunn Jr., his 

attorney” and delivered to Plaintiff’s counsel within ten (10) days of the Court’s entry this 

Consent Decree as a full and final settlement of all claims. 

6. The above-referenced payment shall represent full and complete payment for all 

claims of Foster and Foster’s representatives, including attorney’s fees claims of Foster’s counsel 

of record. Foster and Foster’s representatives, including Foster’s counsel of record, hereby 

acknowledge that with respect to Foster’s claims in the captioned matter. They are not entitled to 

and will not receive any compensatory damages, punitive damages, injunctive relief, attorneys’ 

fees, costs, or any other form of relief other than the relief expressly provided for in this Consent 

Decree. Foster and Foster’s counsel affirm that there are no liens, claims or restrictions on their 

ability to accept such payment, and agree to fully hold harmless and indemnify WMCR and its 

management, agents, employees, and counsel against any and all liens or claims made against 

said settlement payment. 

7. The parties have requested the Court to dismiss the case without prejudice and 

retain jurisdiction over this case for the sole purpose of enforcing the terms of this Consent 

Decree and Order and the Agreement between the Parties. In the event of a dispute between the 

Parties as to enforcement, the Parties agree to submit themselves to the jurisdiction of the U.S. 

District Court for the Northern District of Indiana. The Parties further waive any objection on the 

grounds of lack of personal jurisdiction or venue to the exercise of such jurisdiction now or in 

the future, but only in connection with the present litigation. In the event of a breach of the terms 

contained herein, the prevailing party shall be entitled to its reasonable fees, expenses and costs 

in accordance with applicable law. 

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8. Based upon the foregoing, the Court finds that this Consent Decree and Order is 

fair and reasonable, both procedurally and substantively, consistent with applicable law, in good 

faith, and in the public interest. 

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that this Court hereby 

approves this Consent Decree and Order to which each party is hereby ordered to comply with 

the terms and conditions of this Consent Decree and Order entered into as a result of the 

settlement of the Parties. 

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon completion of 

the responsibilities set forth in this Consent Decree and Order, that Defendant be and is hereby 

found to be in compliance with the Americans with Disabilities Act, 42 U.S.C.§ 12101 et. seq. 

and in compliance with Indiana law as of the date of this Judgment Entry. 

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the case is dismissed 

without prejudice with jurisdiction of this Court reserved solely for the purpose of enforcing the 

terms and conditions of this Consent Decree and Order. The “without prejudice” language shall 

not allow the Parties to reopen issues resolved by this dismissal. The Clerk of Court is directed to 

enter judgment accordingly. 

Dated: December 15, 2016 

 s/Michael G. Gotsch, Sr. 

Michael G. Gotsch, Sr. 

United States Magistrate Judge 

Approved by: 

/s/ Owen B. Dunn, Jr. 

Owen B. Dunn, Jr., Counsel for the Plaintiff 

/s/ Michael D. Almassian 

Michael D. Almassian, Counsel for Defendants 

/s/ Shane Mulholland 

Shane Mulholland, Counsel for Defendants 

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