Lopez v. Mizmor 91 LLC
- Rearden
- 1:24-cv-02635
- U.S. District Court · Southern District of New York
- 4
In Lopez v. Mizmor 91 LLC, Judge Rearden adopted a recommendation requiring restaurant-access changes, allowing fees-and-costs motions, and denying closure and post-dated checks.
Samuel Lopez, Mizmor 91 LLC, and Kabbo Pizza and Fried Chiken Inc. The order requires the defendants to address entrance barriers and permits Lopez to seek attorneys’ fees and costs, while denying his requests for post-dated checks and temporary restaurant closure.
What happened
Samuel Lopez sued Mizmor 91 LLC and Kabbo Pizza and Fried Chiken Inc. under the Americans with Disabilities Act, seeking removal of physical barriers at Kennedy Chicken and Pizza and an award of attorneys’ fees and costs. The court had previously entered a default judgment and sent the damages-related issues to Magistrate Judge Robert W. Lehrburger.
Judge Lehrburger recommended requiring the defendants to submit an architectural plan addressing entrance barriers, complete the necessary alterations after Lopez’s review or the court’s ruling, and allowing Lopez to later seek reasonable attorneys’ fees and costs. The recommendation also denied Lopez’s requests for post-dated checks and for closing the restaurant while remediation was pending. No party objected.
Judge Rearden adopted the recommendation in its entirety. The court directed the defendants to submit the plan within 90 days, gave Lopez 30 days to consent or seek further relief, and required the alterations within 60 days after consent or a ruling. Lopez may file a fees-and-costs motion within 180 days; the requests for post-dated checks and restaurant closure were denied. The case remains open because Lopez intends to continue litigating the service-counter issue.
The detailed version
- Lopez v. Mizmor 91 LLC · No. 1:24-cv-02635
- Rearden
- Oct. 6, 2025
Background
Samuel Lopez brought an action against Mizmor 91 LLC and Kabbo Pizza and Fried Chiken Inc. under the Americans with Disabilities Act. He sought an order requiring the defendants to remove physical barriers at the entrance of Kennedy Chicken and Pizza, located at 2409 2nd Avenue, New York, New York, and sought attorneys’ fees and costs.
On June 25, 2025, the court entered a default judgment against the defendants and referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest concerning damages. Judge Lehrburger later issued a Report and Recommendation proposing specific relief. The opinion states that Lopez also intended to continue litigating an issue concerning the restaurant’s service counter.
Review of the Recommendation
The defendants received fourteen days to submit written objections but filed none. Because no timely objections were filed, Judge Rearden reviewed the recommendation for clear error, meaning an obvious mistake in the record. Judge Rearden stated that the recommendation was well reasoned and found no clear error.
Ruling
Judge Rearden adopted the Report and Recommendation in its entirety. The court ordered the defendants to submit an architectural plan addressing the restaurant’s entrance barriers within 90 days after entry of judgment. Lopez then has 30 days after receiving the plan to consent to it or seek further relief from the court. Within 60 days after Lopez’s consent or a ruling on his request for further relief, the defendants must make the necessary alterations.
The court also ordered that Lopez may file a motion to tax costs and seek reasonable attorneys’ fees within 180 days after entry of judgment. That motion must include an attorney’s declaration, fee statements or billing entries, and receipts for costs.
The court denied Lopez’s requests for post-dated checks and for closing the defendants’ restaurant while remediation was pending. It directed the clerk to enter a default judgment consistent with the rulings. Because Lopez stated that he intended to file amended pleadings concerning the service counter, the case remains open. Lopez must serve the order on each defendant by October 13, 2025, and file proof of service.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.