Ariza v. Casablanco Mattress & Furniture Gallery, LLC.

Filing 12

ORDER granting 11 Motion for Default Final Judgment. Signed by Judge Beth Bloom on 1/18/2023. See attached document for full details. (cqs)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 22-cv-23759-BLOOM/Otazo-Reyes
VICTOR ARIZA,
Plaintiff,
v.
CASABLANCO MATTRESS & FURNITURE
GALLERY, LLC.,
Defendant.
_______________________________________/
ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT FINAL JUDGMENT
THIS CAUSE is before the Court upon Plaintiff Victor Ariza’s Motion for Default Final
Judgment, ECF No. [11] (the “Motion”).
Plaintiff Victor Ariza (“Plaintiff”) brought this action seeking declaratory and injunctive
relief, attorney’s fees, costs, and litigation expenses against Casablanco Mattress & Furniture
Gallery, LLC (“Defendant”) for violations of Title III of the Americans with Disabilities Act, 42
U.S.C. §§ 12181-12189 (“ADA”), as amended, and 28 C.F.R. Part 36, in connection with the
operation of Defendant’s associated website, https://casablancofurnituregallery.com. ECF No. [1].
Defendant was properly and timely served with the Complaint and Summons on November 28,
2022. ECF No. [7]. Defendant failed to serve any response or answer to the Complaint and a
Clerk’s Default was entered on December 30, 2022. ECF No. [9]. On January 11, 2023, the
Plaintiff filed the instant Motion. ECF No. [11].
The Court has reviewed the Motion, the record in this case, the applicable law, and is
otherwise fully advised. For the reasons that follow, the Motion is granted.

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I. BACKGROUND
According to the Complaint, Plaintiff is and at all relevant times has been blind and suffers
from optical nerve atrophy, a permanent eye disease and medical condition that substantially and
significantly impairs his vision and limits his ability to see. ECF No. [1] ¶ 5. As a result, Plaintiff
uses screen reader software, which aurally presents the visual content of a webpage to a user, to
interact with various websites. Id. ¶¶ 6, 9.
Defendant is a Florida limited liability company that owns, operates, and controls a retail
store selling mattresses and furniture under the name “Casablanco Mattress Furniture Gallery.” Id.
¶ 10. The Casablanco Mattress Furniture Gallery store is open to the public. Id. Defendant also
owns, controls, maintains, and operates an adjunct website, https://casablancofurnituregallery.com
(the “Website”). Id. ¶ 12. One of the functions of the Website is to provide the public information
on the Defendant’s store’s location. Id. Defendant also sells to the public its merchandise through
the Website. Id. In addition, the Website allows the public to apply online for credit to make
purchases of merchandise available in the physical store and allows users to arrange in-store
pickups of merchandise purchased online. Id. The Website also provides information on available
products, services, tips and advice, editorials, sales campaigns, events, and other information that
Defendant is interested in communicating to its customers. Id. ¶ 13.
In October 2022, Plaintiff attempted to use the Website to browse through the merchandise
and online offers, and to learn about the merchandise, services, sales, discounts, and promotions
being offered, to check store hours, and to check merchandise pricing in order to make a purchase
through the Website or in the physical store. Id. ¶ 20. However, Plaintiff was unable to successfully
navigate the Website using screen reader software. Id. ¶ 21. The Website also lacks prompting
information and accommodations necessary to allow visually disabled individuals who use screen

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reader software to locate and accurately fill out online forms to purchase Defendant’s merchandise
from the Website. Id. ¶ 22. Plaintiff was unable to find an accessibility notice, statement, or policy
on the Website that would direct him to a webpage with contact information for disabled
individuals who have questions or concerns about, or who are having difficulties communicating
with, the Website. Id. ¶ 23. The Website does not meet the Web Content Accessibility Guidelines
(“WCAG”) 2.0 Level AA or higher versions of web accessibility. Id. ¶ 36.
Defendant is, and at all relevant times has been, aware of the barriers which prevent
individuals who are blind and visually disabled from accessing information on the Website. Id.
¶ 41. Defendant also is, and at all relevant times has been, aware of the need to provide full access
to all visitors to the Website. Id. ¶ 42.
II.

LEGAL STANDARD

Federal Rule of Civil Procedure 55(a) provides: “When a party against whom a judgment
for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by
affidavit or otherwise, the clerk must enter the party’s default.” A district court may enter a default
judgment against a properly served defendant who fails to defend or otherwise appear pursuant to
Federal Rule of Civil Procedure 55(b)(2). DirecTV, Inc. v. Griffin, 290 F. Supp. 2d 1340, 1343
(M.D. Fla. 2003).
The mere entry of a default by the Clerk does not, in itself, warrant the Court entering a
default judgment. See Tyco Fire & Sec. LLC v. Alcocer, 218 F. App’x 860, 863 (11th Cir. 2007)
(citing Nishimatsu Constr. Co. v. Hous. Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). Rather,
a court must ensure that there is a sufficient basis in the pleadings for the judgment to be entered.
Id. A default judgment has the effect of establishing as fact the plaintiff’s well-pled allegations
and bars the defendant from contesting those facts on appeal. Id.

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When a Defendant has not appeared, “all of Plaintiff’s well-pled allegations in the
Complaint are deemed admitted.” Ordonez v. Icon Sky Holdings LLC, No. 10-60156-CIV, 2011
WL 3843890, at *5 (S.D. Fla. Aug. 30, 2011) (citing Buchanan v. Bowman, 820 F.2d 359, 361
(11th Cir. 1987)).
III.

DISCUSSION
A. The ADA Claim

Title III of the ADA states that “[n]o individual shall be discriminated against on the basis
of disability in the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public accommodation by any person who owns,
leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. § 12182(a). “Title
III is meant to prevent owners of public places of accommodation from creating barriers that would
restrict a disabled person’s ability to enjoy the defendant entity’s goods, services, and privileges.”
Rendon v. Valleycrest Prods., 294 F.3d 1279, 1283 (11th Cir. 2002).
Upon review of Plaintiff’s submissions, the Court finds a sufficient basis in the Complaint
to enter default judgment in Plaintiff’s favor. Plaintiff alleges that the Website is inaccessible to
blind and visually disabled individuals such as Plaintiff who must use screen reader software to
successfully navigate the website. Id. at ¶¶ 19-23, 25, 27-34, 36-38. As such, the Court finds
Plaintiff’s well-pled allegations sufficient to establish Defendant’s liability.
“If the admitted facts in the Complaint establish liability, then the Court must determine
appropriate damages.” Ordonez, 2011 WL 3843890, at *5. “Where all the essential evidence is on
record, an evidentiary hearing on damages is not required.” Id. (citing SEC v. Smyth, 420 F.3d
1225, 1232 n.13 (11th Cir. 2005)). Here, Plaintiff requests declaratory and injunctive relief only.
The Court will grant that relief, as stated in the Conclusion of this Order.

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B. Attorney’s fees
Plaintiff requests attorneys’ fees in a total amount of $5,567.50, representing $2,2950.00
billed by attorney Roderick Hannah, ECF No. [11-3] at 2, and $3,272.50 billed by attorney Pelayo
Duran, ECF No. [11-4] at 2.
Pursuant to 42 U.S.C. § 12205, “in any action . . . commenced pursuant to [the ADA], the
court or agency, in its discretion, may allow the prevailing party, other than the United States, a
reasonable attorney’s fee, including litigation expenses, and costs[.]” Congress thus expressly
conferred upon federal courts broad discretion in determining when an award of attorney’s fees is
appropriate. See Tufaro v. Willie, 756 F. Supp. 556, 560 (S.D. Fla. 1991) (citing Hughes v. Rowe,
449 U.S. 5, 14 (1980)).
In Norman v. Housing Auth. of City of Montgomery, the Eleventh Circuit provided the
framework within which courts may analyze the reasonableness of an award of attorney’s fees.
836 F.2d 1292, 1292 (11th Cir. 1988). First, a district court must determine the lodestar figure by
multiplying the number of hours reasonably expended by a reasonable hourly rate. Id. at 1299. “A
reasonable hourly rate is the prevailing market rate in the relevant legal community for similar
services, by lawyers of reasonable comparable skills, experience, and reputation.” Id. The party
who applies for attorney’s fees bears the burden of submitting satisfactory evidence to establish
both that the requested rate is in accord with the prevailing market rate and that the hours are
reasonable. Id. at 1303.
After calculating the lodestar fee, the court may then proceed with an analysis of whether
to adjust the amount upward or downward. In making this determination, the court may depend
upon a number of factors, including the quality of the results, and representation in the litigation.
Id. at 1302. “If the result was excellent, then the court should compensate for all hours reasonably

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expended.” Id. (quoting Popham v. City of Kennesaw, 820 F.2d 1570, 1580 (11th Cir. 1987)). But
“[i]f the result was partial or limited success, then the lodestar must be reduced to an amount that
is not excessive.” Id. (quoting Hensley v. Eckerhart, 461 U.S. 424, 436-37 (1983)). Further, a
“reduction is appropriate if the relief, however significant, is limited in comparison to the scope of
the litigation as a whole.” Hensley, 461 U.S. at 435. As such, the focus should be “on the
significance of overall results as a function of total reasonable hours.” Popham, 820 F.2d at 1578.
The Court has carefully reviewed Plaintiff’s requested attorneys’ fees and accompanying
exhibits. In determining the appropriate hourly rate for Plaintiff’s attorneys, the Court considers
the factors elucidated in Norman, case law, as well as its own knowledge and experience.
Considering the above factors and Defendant’s failure to object, the Court finds the requested rates
are reasonable. Hansen v. Deercreek Plaza, LLC, 420 F. Supp. 2d 1346, 1350 (S.D. Fla. 2006)
(“Satisfactory evidence may also include citations to prior precedents showing reasonable rate
adjudications for the fee applicant, for comparable attorneys, or for comparable cases.” (quotation
marks omitted)). The hourly rates for the attorneys ($425) are not excessive. The Court further
concludes that because Plaintiff achieved the full measure of success sought, the award of fees
“will encompass all hours reasonably expended on the litigation[.]” Hensley, 461 U.S. at 435.
Accordingly, the Court awards the attorneys the attorneys’ fees requested.
C. Taxable costs and expert fee
Plaintiff also seeks $496.40 in taxable costs, consisting of the case filing fee ($402.00), the
cost for service of process of the Complaint ($58.40), and the costs for copies of papers that were
necessarily obtained for use in this case ($36.00); ECF No. [11] at 22-23, and litigation expenses
in the form of the fee for his expert Robert Moody, in the amount of $4,275.00, id. at 23. In support
of his requests, Plaintiff attaches Mr. Moody’s curriculum vitae and invoice for services, and

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payment records associated with the other costs incurred. ECF Nos. [11-3], [11-5], [11-6], [11-7],
[11-8]. Federal Rule of Civil Procedure 54(d)(1) provides that “[u]nless a federal statute, these
rules, or a court order provides otherwise, costs—other than attorney’s fees—should be allowed
to the prevailing party.” Fed. R. Civ. P. 54(d)(1). A prevailing party is “[a] party in whose favor a
judgment is rendered, regardless of the amount of damages awarded.” Buckhannon Bd. & Care
Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 603 (2001). “Such costs,
however, may not exceed those permitted.” Mathews v. Crosby, 480 F.3d 1265, 1277 (11th Cir.
2007).
Based upon a review of the materials submitted by Plaintiff, the Court finds that the
requested costs and expert fees are reasonable and recoverable. See Goodman v. Sperduti Enterps.,
Inc., No. 08-62096-CIV, 2009 WL 3200681, at *3 (S.D. Fla. Oct. 6, 2009) (“There is no question
that Plaintiff is entitled to the cost of the filing fee because it falls into one of the categories of
reimbursable costs under 28 U.S.C. § 1920[.]”); EEOC v. W&O, Inc., 213 F.3d 600, 623 (11th Cir.
2000). Accordingly, Plaintiff is entitled to recover $4,771.40 in taxable costs and litigation
expenses, including service of process fee ($58.40), filing fee ($402.00), expert fees ($4,275.00),
and copy costs ($36.00).
IV.

CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Motion, ECF No. [11], is GRANTED.
2. The

Court

declares

and

finds

that

Defendant’s

website,

https://casablancofurnituregallery.com, which acts as a point of sale for Defendant’s
merchandise that is also sold in and from Defendant’s physical store, contains access
barriers and is not fully and equally accessible to blind and visually disabled users such

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as Plaintiff, in violation of Title III of the Americans with Disabilities Act, 42 U.S.C.
§§12181-12189 (“ADA”).
3. Defendant shall not, no later than six (6) months from the date of this Judgment, deny
any individuals with disabilities, including the Plaintiff, the opportunity to access,
participate in, and benefit from the goods, services, facilities, privileges, advantages,
programs, activities, and accommodations provided through its website. The website
must be accessible by individuals with disabilities who use computers, laptops, tablets,
and smart phones.
4. Defendant shall not, no later than six (6) months from the date of this Judgment, provide
individuals with disabilities, including Plaintiff, an unequal opportunity to access,
participate in, and benefit from the goods, services, facilities, privileges, advantages,
programs,

activities,

and

accommodations

provided

through

its

website

https://casablancofurnituregallery.com. The website must be accessible by individuals
with disabilities who use computers, laptops, tablets, and smart phones.
5. No later than six (6) months from the date of this Judgment, Defendant shall adopt and
implement a Web Accessibility Policy which ensures that its website conforms with
the Web Content Accessibility Guidelines (“WCAG”) 2.0, Level AA criteria.
6. No later than six (6) months from the date of this Judgment, Defendant shall require
any third-party vendors who participate on its website to be fully accessible to the
disabled by substantially conforming with WCAG 2.0, Level AA criteria.
7. No later than six (6) months from the date of this Judgment, Defendant shall make
publicly available and directly link from the https://casablancofurnituregallery.com
homepage, a statement of Defendant’s Accessibility Policy to ensure that persons with

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disabilities, such as Plaintiff, have full and equal access to and enjoyment of its website
and shall accompany the public policy statement with an accessible means, such as a
specifically dedicated and manned telephone number, of submitting accessibility
questions and problems.
8. No later than six (6) months from the date of this Judgment, and at least once yearly
thereafter, Defendant shall provide mandatory web accessibility training to all
employees who write or develop programs or code for, or who publish final content to,
the https://casablancofurnituregallery.com website on how to conform all web content
and services with WCAG 2.0 Level AA criteria.
9. No later than six (6) months from the date of this Judgment, and at least once every
three (3) months thereafter, Defendant shall conduct automated accessibility tests of its
website to identify any instances where the website is no longer in conformance with
WCAG 2.0 Level AA. Defendant will send a copy of the quarterly reports to Plaintiff’s
counsel for review.
10.

If Plaintiff believes this Order has been violated, he shall give written notice
(including reasonable particulars) to Defendant of such violation. Defendant shall have
thirty (30) calendar days from receipt of the written notice to investigate and correct
any alleged violations.

11. Plaintiff is entitled to an award of his reasonable attorney’s fees, costs, and expert
witness expenses under the ADA, 42 U.S.C. § 12205. Based upon a review of the
materials submitted by Plaintiff in support of his Motion, the Court finds that the
requested $425.00 hourly rate for Plaintiff’s attorneys is reasonable, and that Plaintiff’s
claimed attorney’s fees in the amount of $5,567.50 for 13.1 hours of attorney time,

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costs in the amount of $496.40, and expert fees in the amount of $4,275.00 are
reasonable and recoverable. Plaintiff is thus entitled to an award of $10,338.90, for
which let execution issue forthwith.
12. If Defendant fails to correct the violations, Plaintiff may then seek relief from the Court.
DONE AND ORDERED in Chambers at Miami, Florida, on January 17, 2023.

_________________________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE

Copies to:
Counsel of Record
Casablanco Mattress & Furniture Gallery, LLC
c/o Jose M. Blanco III, registered agent
9195 SW 40th Street
Miami, FL 33165

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