Clinton Williams v. ABCD Restaurants and Hospitality LLC

Summary

A United States magistrate judge recommends granting Clinton Williams’s motion for default judgment against ABCD Restaurants and Hospitality LLC in an action under Title III of the Americans with Disabilities Act. The recommendation concludes that the defendant’s failure to retain counsel or respond resulted in default, that the complaint adequately alleges inaccessible parking at a public accommodation, and that Williams is entitled to a permanent injunction, $8,712.50 in attorney’s fees, and $405 in costs. The parties were given 14 days to object.

Holdings

1. Default judgment was procedurally warranted because ABCD Restaurants was properly served, failed to retain counsel or plead, had been given repeated opportunities and warnings, and its default was not attributable to good-faith mistake or excusable neglect.
2. The complaint sufficiently pleaded a Title III ADA claim because Williams adequately alleged that he had a disability, One Stop was a public accommodation, and ABCD Restaurants denied him full and equal enjoyment by failing to provide accessible parking.
3. The court did not determine that the alleged absence of accessible parking supported the reasonable-modification or alterations theories, but concluded that it adequately supported the architectural-barrier theory.
4. A permanent injunction was warranted because Williams established irreparable injury, inadequacy of legal remedies, a favorable balance of hardships, and consistency with the public interest.
5. Declaratory relief should not be awarded because the record was meager, Williams had not specified precisely what he wanted declared, and a declaration would serve no clear purpose given the available injunctive relief.
6. Williams was entitled to $8,712.50 in attorney's fees and $405 in costs, for a total award of $9,117.50, without a separate damages hearing.

Questions Presented

1. Whether default judgment was procedurally warranted where ABCD Restaurants failed to retain counsel or respond after service and repeated warnings.
2. Whether Williams's well-pleaded allegations established a Title III ADA claim based on the absence of accessible parking.
3. Whether Williams was entitled to declaratory relief, a permanent injunction, attorney's fees, and costs.
4. Whether the amount of attorney's fees and costs could be determined without a damages hearing.

Disposition

other