Eiden

Eiden v. Thrifty Payless, Inc.

Good Law

407 F. Supp. 2d 1165·2005 WL 3577146·2005 U.S. Dist. LEXIS 39497

United States District Court, Eastern District of CaliforniaFebruary 23, 2005S-04-0398 WBS PANCalifornia2,782 words

Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: ATTORNEYS’FEES AND COSTS

Plaintiff, a paraplegic, brought suit against defendant Thrifty Payless (“defendant”), seeking, among other remedies, the removal of architectural barriers to his access at defendant’s Rite-Aid store in Oroville. On December 7, 2004, plaintiffs acceptance of defendant’s Federal Rule of Civil Procedure 68 (“Rule 68”) offer was filed in this court, and on January 7, 2005, judgment was entered in favor of plaintiff. Plaintiff now seeks attorneys’ fees and costs pursuant to 42 U.S.C. § 12205 (“ § 12205”).

1. Factual and Procedural History

Plaintiff filed suit against defendant in February 2004, alleging, inter alia, violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”). (Compl.). Plaintiff sought injunctive and declaratory relief, statutory damages, $100,000 in general and special damages, attorneys’ fees, interest, and punitive damages. (Compl.). On November 23, 2004, defendant made an offer pursuant to Rule 68 that included substantial changes to the layout of both the exterior and interior of the store at issue and $4,001 in damages. (Def.’s Rule 68 offer at 2-3). Defendant also offered to “pay…

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