Hedges v. Silverlens NY LLC
Filing 13
CONSENT DECREE: Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law raised in Plaintiffs Complaint. In resolution of this action, the Parties hereby AGREE to the fol lowing: as further set forth herein. The term of this Consent Decree shall commence as of the Effective Date and remain in effect for the earlier of: (1) thirty-six (36) months from the Effective Date; or (2) the date, if any, that the regulations are adopted in the Department of Justice's anticipated proposed regulations for websites under Title m of the ADA. Specific Relief: The Plaintiff and the Defendant have agreed to settle all matters relating to costs, damages, attorneys� 39; fees, experts' fees, other financial matters, relating to any alleged inaccessibility of the Website through a separate agreement (the "Settlement Agreement") which is not incorporated into this Consent Decree, as further set for th herein. The Parties to this Consent Decree expressly intend and agree that this Consent Decree shall inure to the benefit of all persons with vision disabilities as defined by the ADA, indicating those who utilize a screen reader to access t he Website, which disabled persons shall constitute third-party beneficiaries to this Consent Decree. Consent Decree has been carefully read by each of the Parties, and its contents are known and understood by each of the Parties. This Consent De cree is signed freely by each party executing it. The Parties each had an opportunity to consult with their counsel prior to executing the Consent Decree. THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and having review ed this proposed Consent Decree, FINDS AS FOLLOWS: 1) This Court has personal jurisdiction over Plaintiff and Defendant for the purposes of this lawsuit pursuant to 28 U.S.C. §§ 1331; 2) The provisions of this Consent Decree shall be bin ding upon the Parties; 3) Entry of this Consent Decree is in the public interest; 4) This Consent Decree is for settlement purposes only and does not constitute an admission by Defendant of any of the allegations contained in the Complaint or any ot her pleading in this lawsuit, nor does it constitute any finding of liability against Defendant; 5) The Plaintiff is acting as a private attorney general in bringing this lawsuit and enforcing the ADA; and 6) This Consent Decree shall be deemed as a djudicating, once and for all, themerits of each and every claim, matter, and issue that was alleged, or could have been alleged by Plaintiff based on, or arising out of, or in connection with, the allegations in the Complaint. NOW THEREFORE, the Court approves the Consent Decree and in doing so specifically adopts it and makes it an Order of the Court. DONE AND ORDERED in Chambers at New York, NY, this 10th day of March, 2025. Silverlens NY LLC terminated. (Signed by Judge J. Paul Oetken on 3/10/2025) (vfr)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
