Dicks v. Sharkey's Franchising Co., LLC

Filing 16

DEFAULT JUDGMENT: It is: ORDERED, ADJUDGED AND DECREED: a. A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York, is hereby granted as follows: A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals; as further set forth herein. c. Compensatory damages in the amount of $1,500 including all appl icablestatutory and punitive damages and fines, to Plaintiff and the proposed classand subclasses for violations of their civil rights under New York StateHuman Rights Law and City Law; c. Pre and post-judgment interest; d. An additional award of � 36;1,500 for costs and expenses of this action, including attorneys' and expert fees. The Clerk of Court is directed to close the motion at Docket Number 11, enter judgment of dismissal, and close this case. Sharkey's Franchising Co., LLC terminated., Motions terminated: 11 MOTION for Default Judgment as to Sharkey's Franchising Co., LLC filed by Victoria Dicks. (Signed by Judge J. Paul Oetken on 11/26/2024) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________________
VICTORIA DICKS, on behalf of herself and all
others similarly situated,
Plaintiff,
Case No: 1:22-cv-7214-JPO

-against-

DEFAULT JUDGMENT

Sharkey’s Franchising Co., LLC,
Defendant,
__________________________________________
This action having been commenced on August 24, 2022, by the filing of the Summons and
Complaint, and a copy of the Summons and Complaint having been personally served on
Defendant, on November 18, 2022, and a proof of service having been filed on November 22,
2022, and the defendant not having answered the Complaint, and the time for answering the
Complaint having expired, it is:
ORDERED, ADJUDGED AND DECREED:
a.

A preliminary and permanent injunction to prohibit Defendant from
violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.,
N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq.,
and the laws of New York, is hereby granted as follows:
A preliminary and permanent injunction requiring Defendant to take all the
steps necessary to make its Website into full compliance with the

requirements set forth in the ADA, and its implementing regulations, so that
the Website is readily accessible to and usable by blind individuals;
b.

A declaration that Defendant owns, maintains and/or operates its Website
in a manner that discriminates against the blind and which fails to provide
access for persons with disabilities as required by Americans with
Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq.,
N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;

c.

Compensatory damages in the amount of $1,500 including all applicable
statutory and punitive damages and fines, to Plaintiff and the proposed class
and subclasses for violations of their civil rights under New York State
Human Rights Law and City Law;

c.

Pre and post-judgment interest;

d.

An DGGLWLRQDO award of  IRU costs and expenses of this action
LQFOXGLQJattorneys’ and expert fees

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Dated: 1RYHPEHU6
New York, New York

_______________________________
Hon. J. Paul Oetken
United States District Judge