Cox v. Anjin LLC

Background

Prentice Cox brought claims against Anjin LLC under the Americans with Disabilities Act of 1990 (ADA), the ADA Accessibility Guidelines, the New York State Human Rights Law, and the New York City Human Rights Law. Cox alleged that he depends on a wheelchair for mobility and that Hirohisa, a restaurant operated by Anjin LLC, was not readily accessible or usable by people with disabilities. The alleged barriers included improper floor levels, inaccessible entrances, restroom door-locking mechanisms, and inadequate signs for accessible entrances and restrooms.

Anjin LLC failed to answer, appear, or otherwise respond. Cox therefore moved for default judgment, which is a judgment entered when a defendant does not participate in the case. The court referred the motion to Magistrate Judge Sarah L. Cave.

Report and Recommendation

Magistrate Judge Cave recommended granting Cox’s motion and awarding injunctive relief, $500 in compensatory damages, $3,720.50 in attorneys’ fees, $455 in costs, and post-judgment interest. No party objected to the recommendation.

Because there were no objections, Judge Daniels reviewed the recommendation for clear error—whether the record left him with a firm conviction that a mistake had been made. He found no clear error. He agreed that Cox’s allegations were prima facie sufficient, meaning sufficient on their face, to establish liability on each claim under the ADA, the New York State Human Rights Law, and the New York City Human Rights Law. He also agreed with the recommendation’s analysis of damages, attorneys’ fees, costs, post-judgment interest, and injunctive relief.

Ruling and Relief

Judge Daniels adopted Magistrate Judge Cave’s report in its entirety and directed entry of default judgment for Cox against Anjin LLC. The final judgment requires Anjin LLC to take the necessary steps to remedy existing ADA violations at Hirohisa and to pay Cox $500 in compensatory damages, $3,720.50 in attorneys’ fees, $455 in costs, and post-judgment interest under 28 U.S.C. § 1961(a).

The order also requires Anjin LLC to provide Cox’s counsel, within 60 days, with a report describing architectural plans to correct the ADA Accessibility Guidelines violations identified in the complaint. Cox then has 30 days after receiving the report to consent to the plans or seek further relief from the court. Anjin LLC must make the designated modifications within 60 days after Cox’s consent or the court’s ruling on any request for further relief.