Shariff v. Beach 90th Street Realty Corp. et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Default judgment shall enter in favor of plaintiff and against Beach in the amount of $7,195.68, representing $1,000 in compensatory damages; $100 in statutory damages; $5,580.25 in att orney's fees; and $515.43 in costs. Additionally, should defendant permit the reopening of a restaurant at this location, then, upon electronic filing of proof of personal service of a copy of this Memorandum and Order on the operator of t he restauarant, an injunction shall issue, pursuant to which defendant, its assign and/or its lessee are toprovide an accessible route at the subject premises which complies with ADA andthe ADA Accessibility Guidelines ("ADAAG"), as follows : (1) Beach shall submit toplaintiff's counsel an architectural plan that remedies the ADAAG violationsidentified in the R&R within 60 days of the filing of the proof of service of thisMemorandum and Order; (2) within 30 days from receipt of def endant's plans,Shariff shall consent to it or seek further relief from the Court; (3) Beach shall makeany necessary alterations within 60 days of Shariff's consent or subsequent Order of this Court. The Clerk of Court is directed to enter judgment and to close this case for administrative purposes.. Ordered by Judge Eric N. Vitaliano on 12/16/2013. (Marziliano, August)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ABDUL SHARIFF,

Plaintiff,
-against-

MEMORANDUM & ORDER
ll-cv-2551 (ENV) (LB)

BEACH 90TH STREET
REALTY CORP.,
Defendants.
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VITALIANO, D.J.
Plaintiff Abdul Shariff brought this action against defendants New Super
Wok Corp. ("NSWC"), a restaurant, and Beach 90th Street Realty Corp. ("Beach"),
NSWC's landlord, alleging violations of Title III of the Americans with Disabilities
Act ("ADA"), 42 U.S.C. § 12181, et seq., New York State Human Rights Law
("NYSHRL"), New York City Human Rights Law ("NYCHRL"), and New York
Civil Rights Law. 1 Beach failed to plead or otherwise defend this action, and the
Clerk of Court entered a certificate of default on March 12, 2012. On February 4,
2013, Shariff moved for a default judgment pursuant to Rule 55(b) of the Federal
Rules of Civil Procedure. This Court referred the motion to Magistrate Judge
Bloom in accordance with 28 U.S.C. § 636(b). Judge Bloom's Report and
Recommendation (the "R&R") issued on November 8, 2013, and was served on
All claims against NSWC were dismissed for failure to serve process pursuant to Fed. R. Civ.
P. 4(m). (Dkt. No. 11.)

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November 13, 2013, with objections due by November 27, 2013. No objections have
been filed.
In reviewing a report and recommendation of a magistrate judge, a district
judge "may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l). Further, a
district judge is required to "determine de novo any part of the magistrate judge's
disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(3); see also

Arista Records, LLC v. Doe 3, 604 F.3d 110, 116 (2d Cir. 2010). Where, as here, no
timely objection has been made, the "district court need only satisfy itself that there
is no clear error on the face of the record" to accept a magistrate judge's report and
recommendation. Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001)
(quoting Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
With no objections having been filed, after careful review of the record, the
Court finds the R&R to be correct, well-reasoned, and free of any clear error. The
Court, therefore, adopts the R&R in its entirety as the opinion of the Court.
Conclusion
For the above-stated reasons, a default judgment shall enter in favor of
plaintiff and against Beach in the amount of $7,195.68, representing $1,000 in
compensatory damages; $100 in statutory damages; $5,580.25 in attorney's fees;
and $515.43 in costs. Additionally, should defendant permit the reopening of a
restaurant at this location, then, upon electronic filing of proof of personal service of
a copy of this Memorandum and Order on the operator of the restauarant, an
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injunction shall issue, pursuant to which defendant, its assign and/or its lessee are to
provide an accessible route at the subject premises which complies with ADA and
the ADA Accessibility Guidelines ("ADAAG"), as follows: (1) Beach shall submit to
plaintiff's counsel an architectural plan that remedies the ADAAG violations
identified in the R&R within 60 days of the filing of the proof of service of this
Memorandum and Order; (2) within 30 days from receipt of defendant's plans,
Shariff shall consent to it or seek further relief from the Court; (3) Beach shall make
any necessary alterations within 60 days of Shariff's consent or subsequent Order of
this Court.
The Clerk of Court is directed to enter judgment and to close this case for
administrative purposes.
SO ORDERED.
Dated: Brooklyn, New York
December 16, 2013

United States District Judge

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