Jaquez v. Brilliant Home Technology, Inc.

Background

Ramon Jaquez, who is blind or visually impaired, alleged that Brilliant Home Technology, Inc. (BHT) operated a website containing barriers that prevented him and other visually impaired or blind users from accessing its content on equal terms with sighted users. He asserted claims under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL), seeking damages, attorneys’ fees and costs, and a permanent injunction requiring BHT to make the website accessible.

BHT initially appeared through counsel and filed an answer. Its attorneys later moved to withdraw, explaining that BHT had not responded to their attempts to address discovery and court deadlines. The court granted the withdrawal motion and directed BHT, a business entity, to obtain new counsel. No new counsel appeared. The court then entered an amended default judgment finding BHT liable for violating the ADA and NYCHRL, leaving damages and the propriety of injunctive relief for later determination.

Report and Recommendation

Magistrate Judge Stewart D. Aaron recommended awarding Jaquez $1,000 in compensatory damages, $8,320 in attorneys’ fees, and $479 in costs. On damages, the recommendation explained that although Jaquez had not established a particular monetary injury beyond the alleged discrimination and inability to access the website, the harm warranted compensation under the NYCHRL. The recommendation also found the requested attorneys’ fees and litigation costs reasonable based on counsel’s billing records and the applicable hourly rate.

The recommendation further advised granting a permanent injunction requiring BHT to take all necessary steps to bring its website into compliance with the ADA and its implementing regulations. BHT did not respond to Jaquez’s motion for default judgment or file an objection to the recommendation.

District Court’s Review and Ruling

Because neither party objected, the court reviewed the recommendation for clear error rather than conducting a de novo review. Judge Katherine Polk Failla found no clear error, concluded that the recommendation was supported by the facts and law, and adopted it in its entirety.

The court granted Jaquez’s request for injunctive relief, compensatory damages, attorneys’ fees, and costs. It awarded $1,000 in compensatory damages, $8,320 in attorneys’ fees, and $479 in costs, and ordered BHT to take all necessary steps to bring its website into compliance with the ADA and its implementing regulations. The Clerk of Court was directed to terminate pending motions, adjourn remaining dates, and close the case.