Norris v. RPC Restaurant Corp.
- Rochon
- 1:21-cv-08956
- U.S. District Court · Southern District of New York
- 3
In Norris v. RPC Restaurant Corp., Judge Rochon entered $1,000 default judgment and ordered accessible entrance and exit modifications, denying other injunctions.
Namel Norris received a $1,000 default judgment and an order requiring RPC Restaurant Corp. and M&E Christopher LLC to make the Red Paper Clip restaurant’s entrance and exit accessible as required by the ADA and ADAAG. The defendants are jointly and severally liable for the judgment amount, and people with disabilities are the intended beneficiaries of the accessibility order.
What happened
Namel Norris sought default judgment against RPC Restaurant Corp. and M&E Christopher LLC on claims involving accessibility barriers at the Red Paper Clip restaurant. The defendants did not object to the magistrate judge’s recommendations.
The magistrate judge recommended judgment on Norris’s disability-access claims concerning the restaurant’s entrance and exit, but not the other alleged barriers. The recommendation also called for a $1,000 judgment, joint liability, and an order requiring the entrance and exit to be accessible to people with disabilities.
Judge Jennifer L. Rochon adopted the recommendation in its entirety. The court entered the $1,000 default judgment and granted the requested entrance-and-exit injunction, denied all other injunctive relief, closed the case, and reserved attorney-fee issues for separate consideration.
The detailed version
- Norris v. RPC Restaurant Corp. · No. 1:21-cv-08956
- Rochon
- Feb. 18, 2025
Background
After the Clerk entered certificates of default against RPC Restaurant Corp. and M&E Christopher LLC, Namel Norris moved for default judgment and damages. The motion concerned alleged accessibility barriers at the Red Paper Clip restaurant, referred to in the opinion as the Facility.
Magistrate Judge’s Recommendation
Magistrate Judge Ricardo recommended that default judgment be granted in part and denied in part. The recommendation covered Norris’s claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL) concerning the Facility’s entrance and exit. It recommended denying judgment as to the other alleged barriers.
The recommendation called for a $1,000 judgment against the defendants, with joint and several liability, meaning either defendant could be responsible for the full amount. It also recommended injunctive relief requiring the entrance and exit to be readily accessible to and usable by people with disabilities as required by the ADA and the ADA Accessibility Guidelines (ADAAG). The recommendation gave examples including a ramp with handrails on both sides or a wheelchair lift, and allowed RPC Restaurant Corp. to continue operating while the modifications were completed. It also recommended retaining jurisdiction over a later motion for attorney’s fees and costs.
District Court’s Review and Ruling
The parties had fourteen days to object to the Report and Recommendation, but no objections were filed. The court therefore reviewed the uncontested recommendation for clear error and found none. Judge Jennifer L. Rochon adopted the Report and Recommendation in its entirety.
The court ordered default judgment against the defendants in the amount of $1,000 on the ADA, NYSHRL, and NYCHRL claims concerning the Facility’s entrance and exit. The court granted injunctive relief on the allegations that those entrance and exit areas were inaccessible and directed the defendants to make them readily accessible to and usable by people with disabilities to the extent required by the ADA and ADAAG. All other injunctive relief was denied. The Clerk was directed to enter the judgment and close the case, while any motion for attorney’s fees would be handled separately.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.