HEINZL v. CRACKER BARREL OLD COUNTRY STORE, INC.

Filing 126

ORDER. It is hereby ORDERED that Defendant's 64 Motion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that Plaintiff's 103 Motion to Certify Class is GRANTED and the following class is certified: All persons with qualified mobil ity disabilities who were denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any Cracker Barrel store location in the United States on the basis of disability because such persons encou ntered accessibility barriers due to Cracker Barrels failure to comply with the ADAs accessible parking and path of travel requirements. It is further ORDER that 113 Magistrate Judge Mitchell's Report and Recommendation is ADOPTED as the Opinion of this Court except to the extent modified by this Order. Signed by Judge Mark R. Hornak on 4/29/16. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SARAH HEINZL, individually and on
behalf of all others similarly situated,
Plaintiff,
vs
CRACKER BARREL OLD COUNTRY
STORE, INC.,
Defendant.

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Civil Action No. 2:14-cv-1455

ORDER
AND NOW, this 29th day of April, 2016, afterthe Plaintiff, Sarah Heinzl, filed an action in
the above-captioned case, and after a motion for summary judgment was submitted by the Defendant,
Cracker Barrel Old Country Store, Inc., and after a motion to certify class was submitted by the
(.,

Plaintiff, and after these motions were fully briefed and a hearing was held on the motion to certify
class, and after a Report and Recommendation was filed by the United States Magistrate Judge
granting the parties a period of time after being served with a copy to file written objections thereto,
and upon consideration of the objections filed by the Defendant, the response to those objections
filed by the Plaintiff and the reply brief filed by the Defendant, and upon independent, de novo
review of the motions and the record, and upon consideration of the Magistrate Judge's Report and
Recommendation (ECF No. 113), which is adopted as the Opinion of this Court except to the extent
modified by this Order,

IT IS ORDERED that Defendant's motion for summary judgment (ECF No. 64) is denied.

IT IS FURTHER ORDERED Plaintiffs motion to certify class (ECF No. 103) is granted and
the following class is certified:
All persons with qualified mobility disabilities who were denied the full and equal
enjoyment of the goods, services, facilities, privileges, advantages or
accommodations of any Cracker Barrel store location in the United States on the
basis of disability because such persons encountered accessibility barriers due to
Cracker Barrel's failure to comply with the ADA's accessible parking and path of
travel requirements.
IT IS FURTHER ORDERED that Sarah Heinzl is appointed as the representative Plaintiff for
this Class and that the law firm of Carlson Lynch Sweet & Kilpela, LLP is appointed as counsel for
the Class.
SO ORDERED.

Mark R. Hornak
United States District Judge

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