Watson v. 27 Entrepreneurs Holding LLC

Filing 13

ORDER granting 12 Plaintiff's Verified Motion for Default and Default Final Judgment and Application for Attorneys Fees, Costs, Expert Witness Fees, and Litigation Expenses. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.: 23-cv-21731-GAYLES
JAMES WATSON,
v.

Plaintiff,

27 ENTREPRENEURS HOLDING LLC,
d/b/a My Ceviche,
Defendant.

/
ORDER

THIS CAUSE comes before the Court upon Plaintiff’s Verified Motion for Default and
Default Final Judgment and Application for Attorney’s Fees, Costs, Expert Witness Fees, and
Litigation Expenses (the “Motion”). [ECF No. 12]. The Court has reviewed the Motion and the
record and is otherwise fully advised. For the reasons set forth below, the Motion shall be granted.
BACKGROUND
On May 8, 2023, Plaintiff James Watson filed this action against Defendant 27
Entrepreneurs Holding LLC, d/b/a My Ceviche, alleging a claim for declaratory and injunctive
relief under Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. [ECF No.
1]. Despite proper service, Defendant failed to appear, answer, or otherwise respond to the
Complaint. The Clerk entered a default on June 15, 2023. [ECF No. 8]. As a result, the Court takes
the following well-pled allegations set forth in the Complaint as true.
Plaintiff is disabled within the meaning of the ADA. [ECF No. 1 ¶¶ 3-4]. Defendant owns,
leases, or operates a place of public accommodation. Id. ¶¶ 9-11. Defendant denied Plaintiff—on

the basis of disability—full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of the place of public accommodation. Id. ¶¶ 21-25.
LEGAL STANDARD
Pursuant to Federal Rule of Civil Procedure 55(b)(2), the Court is authorized to enter a
final judgment of default against a party who has failed to plead in response to a complaint.
However, a “‘defendant’s default does not in itself warrant the court entering a default judgment.’”
DirecTV, Inc. v. Huynh, 318 F. Supp. 2d 1122, 1127 (M.D. Ala. 2004) (quoting Nishimatsu Constr.
Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). Granting a motion for
default judgment is within the trial court’s discretion. DirecTV, Inc., 318 F. Supp. 2d at 1127.
Because the Defendant is not held to admit facts that are not well pleaded or to admit conclusions
of law, the court must first determine whether there is a sufficient basis in the pleading for the
judgment to be entered. Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987) (“[L]iability is
well-pled in the complaint and is therefore established by the entry of default . . .”).
ANALYSIS
The instant action is brought under Title III of the Americans with Disabilities Act. To state
a claim under an ADA Title III website accessibility case, “a plaintiff must establish (1) that the
plaintiff is disabled; (2) that the defendant owns, leases, or operates a place of public
accommodation; and (3) that the defendant denied the plaintiff—on the basis of disability—full
and equal enjoyment of the premises.” Gomez v. Dadeland Dodge, Inc., No. 19-23682, 2020 WL
8919440 (S.D. Fla. April 24, 2020) (internal quotations omitted). The Court finds that, based on
the well-pled allegations in the Complaint, the three essential elements are established here.

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Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Plaintiff’s Verified Motion for Default and Default Final Judgment and Application
for Attorney’s Fees, Costs, Expert Witness Fees, and Litigation Expenses, [ECF
No. 12], is GRANTED.

2.

Final Default Judgment shall be entered in a separate order.

DONE AND ORDERED in Chambers at Miami, Florida, this 5th day of February, 2024.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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