Norman v. Three In One Equities, LLC et al

Filing 67

JUDGMENT. IT IS ADJUDGED AND ORDERED that: 1.Defendant Three In One Equities, LLC is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12182 (hereinafter "ADA"), New York State Civil Rights Law § 40- c and 40-d, New York State Human Rights Law § 296 et seq, and New York City Human Rights Law, Admin. Code §§ 8-107.4 and § 8-107.15..2.Defendant Three In One Equities, LLC is enjoined from discriminating against Plaintiff in vio lation of Title III of the Americans with Disabilities Act, 42 U.S.C. §12182 (hereinafter "ADA"), New York State Civil Rights Law § 40-c and 40-d, New York State Human Rights Law § 296 et seq, and New York City Human Right s Law, Admin. Code §§ 8-107.4 and § 8-107.15. 3.Defendant Three In One Equities, LLC is ordered to remove all readily achievable barriers in its public accommodation in compliance with the ADA, New York State Human Rights Law § 296 et seq, and New York City Human Rights Law, Admin. Code § 8-107, et seq. 4. Defendant Three in One Equities LLC is ordered to pay compensatory damages to Plaintiff in the amount of $10,000. 5. Defendant Three in One Equities LLC is ordered to pay statutory damages pursuant to New York State Civil Rights Law 40-d and 40-c to Plaintiff in the amount of $500. 6. The Court awards Plaintiff with reasonable attorneys fees and costs, and orders Defendant Three In One Equities, LLC to pay Plaintiff the amount of $23,071.00 in attorney's fees, and costs in the amount of $665.49. The total sum of compensatory and statutory damages, and attorney's fees and costs is $34,236.49. The Clerk of Court is directed to close this case. (Signed by Judge J. Paul Oetken on 3/26/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KIMMARIE NORMAN, Individually or and
on Behalf of all Others Similarly Situated,

22cv3176 (JPO)(OTW)

Plaintiffs
- against THREE IN ONE EQUITIES, LLC and MI
BANDERA GROCERIES & MEATS INC.,
Defendants
ORDER AND JUDGMENT
This matter came before the court on Plaintiff’s application for entry of default
judgment against Defendant Three In One Equities, LL, under Rule 55(b)(2) of the
Federal Rules of Civil Procedure. After having considered the arguments and
authorities submitted by the Plaintiff, the Court finds as follows:
1.

On April 18, 2022, Plaintiff Kimmarie Norman commenced the current

action against Defendants seeking injunctive and declaratory relief, as well as
compensatory and statutory damages, Dkt. Doc. # 1.
2.

Plaintiff alleged that Three In One LLC and Mi Bandera Groceries &

Meats Inc.’s place of public accommodation violated the Americans with Disabilities
Act, 42 U.S.C. § 12182, New York State Human Rights Law § 296.2, New York State
Civil Rights Law §§ 40-c and 40-d, and New York City Human Rights Law §§ 8-107.4
and § 8-107.15.

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3.

On December 7, 2023, the Clerk recognized that Defendant Three In One

Equities, LLC was properly served and failed to appear or otherwise defend, and issued
a Certificate of Default. Dkt. Doc. #55.
4.

On January 12, 2024, Plaintiff moved for Default Judgment, Permanent

Injunction, and Attorney’s Fees and Costs. Dkt. Docs. # 58 – 62.
5.

On January 17, 2024, Plaintiff filed a certificate of service of the motion for

default papers served against Defendant Three In One Equities, LLC. Dkt. Doc. # 63.
6.

Defendant Three In One Equities, LLC has not responded or requested an

extension of time to respond.
THEREFORE, IT IS ADJUDGED AND ORDERED that:
1.

Defendant Three In One Equities, LLC is in violation of Title III of the

Americans with Disabilities Act, 42 U.S.C. § 12182 (hereinafter "ADA"), New York State
Civil Rights Law § 40-c and 40-d, New York State Human Rights Law § 296 et seq, and
New York City Human Rights Law, Admin. Code §§ 8-107.4 and § 8-107.15..
2.

Defendant Three In One Equities, LLC is enjoined from discriminating

against Plaintiff in violation of Title III of the Americans with Disabilities Act, 42 U.S.C.
§ 12182 (hereinafter "ADA"), New York State Civil Rights Law § 40-c and 40-d, New
York State Human Rights Law § 296 et seq, and New York City Human Rights Law,
Admin. Code §§ 8-107.4 and § 8-107.15.
3.

Defendant Three In One Equities, LLC is ordered to remove all readily

achievable barriers in its public accommodation in compliance with the ADA, New

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York State Human Rights Law § 296 et seq, and New York City Human Rights Law,
Admin. Code § 8-107, et seq.
4.

Defendant Three in One Equities LLC is ordered to pay compensatory

damages to Plaintiff in the amount of $10,000.
5.

Defendant Three in One Equities LLC is ordered to pay statutory damages

pursuant to New York State Civil Rights Law 40-d and 40-c to Plaintiff in the amount of
$500.
6.

The Court awards Plaintiff with reasonable attorney’s fees and costs, and

orders Defendant Three In One Equities, LLC to pay Plaintiff the amount of $23,071.00
in attorney’s fees, and costs in the amount of $665.49. The total sum of compensatory
and statutory damages, and attorney’s fees and costs is $34,236.49.
The Clerk of Court is directed to close this case.
Dated: March 26, 2024
New York, New York

By: __________________________
J. Paul Oetken
United States District Judge

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