Poschmann v. Chokoloskee Island Park, LLC

Filing 14

FINAL ORDER OF DISMISSAL WITH PREJUDICE: The Consent Decree is APPROVED. Plaintiff's claims are DISMISSED WITH PREJUDICE consistent with the Consent Decree (attached as Exhibit A). The Court will retain jurisdiction solely for purposes of enforcing the parties' settlement according to the terms of the Consent Decree. Signed by Judge John L. Badalamenti on 9/15/2020. (Attachment: # 1 Exhibit A - Consent Decree) (SMG).

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF FLORIDA
FORT MEYERS DIVISION
Case No. 2:20-cv-00368-FtM-60MRM
DAVID POSCHMANN,
Plaintiff,
V.

CHOKOLOSKEE ISLAND PARK,
LLC,
Defendant.

------------CONSENT DECREE
1.

This Consent Decree is entered into as of the Effective Date, as defined below in

Paragraph 10, by and between: David Poschmann ("Plaintiff') and Chokoloskee Island Park,
LLC ("Defendant") (collectively, the "Parties").
RECITALS
2.

Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§

12181-12189 (the "ADA"), and its implementing regulation, 28 C.F.R. pt. 36, prohibit
discrimination on the basis of disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations by any private entity that owns, leases (or
leases to), or operates any place of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. §
36.20l (a).
3.

On or about May 21, 2020, Plaintiff filed this action in the United States District

Court for the Middle District of Florida captioned David Poschmann v. Chokoloskee Island Park,
LLC (the "Action"). Plaintiff alleges that Defendant's online reservation system ("ORS") is not
4852-0553-9009.4

1

July 22, 2020