Gannon v. 162 East Broadway LLC
- Lorna Schofield
- 1:22-cv-00699
- U.S. District Court · Southern District of New York
- 3
In Gannon v. 162 East Broadway LLC, Judge Schofield adopted the damages and accessibility-injunction recommendations after defendants’ default.
Stephen Gannon, defendants 162 East Broadway LLC and Raise Hospitality, LLC, and wheelchair users seeking access to 162 East Broadway.
What happened
In Gannon v. 162 East Broadway LLC, the court had already entered a default judgment against 162 East Broadway LLC and Raise Hospitality, LLC. The case was then sent to Magistrate Judge Robert W. Lehrburger to determine damages and recommend permanent injunctive relief.
Judge Lehrburger recommended $1,000 in compensatory damages, $500 in statutory damages, and an injunction addressing accessibility barriers at 162 East Broadway. The defendants were served with the recommendation, but no timely objections were filed.
Judge Lorna G. Schofield found no clear error and adopted the recommendation in full. She awarded Stephen Gannon $1,500 and ordered the defendants to prepare and implement an architectural plan to bring the facility’s access into compliance with the Americans with Disabilities Act. The court deferred a decision on attorneys’ fees and costs until after the judgment was entered and enforced.
The detailed version
- Gannon v. 162 East Broadway LLC · No. 1:22-cv-00699
- Lorna Schofield
- Oct. 5, 2022
Background
The court had entered a default judgment on May 13, 2022, against defendants 162 East Broadway LLC and Raise Hospitality, LLC. The matter was referred to Magistrate Judge Robert W. Lehrburger to conduct an inquest—an inquiry to determine the amount of damages—and to recommend the terms of permanent injunctive relief.
Report and Recommendation
On August 25, 2022, Judge Lehrburger recommended that Stephen Gannon receive $1,000 in compensatory damages and $500 in statutory damages, for a total of $1,500. He also recommended injunctive relief addressing barriers at 162 East Broadway and the facility’s accessibility for wheelchair users. The application for attorneys’ fees and costs was to be deferred until after entry and enforcement of the judgment.
The defendants were served with the Report and Recommendation on September 1, 2022. No timely objections were filed. Because there were no specific objections, the district court reviewed the record for clear error and found none regarding the recommended damages, attorneys’ fees treatment, or injunctive relief.
Ruling
Judge Schofield adopted the Report and Recommendation in full. The court awarded Gannon $1,500 in damages and injunctive relief consistent with the report.
The order requires the defendants, within 90 days after proof of service of the order is filed, to provide Gannon’s counsel with an architectural plan to correct the barriers at 162 East Broadway and make the facility’s access comply with the Americans with Disabilities Act. The plan must also identify necessary changes to policies, practices, or procedures for accessibility by wheelchair users. Gannon must consent to the plan or seek further relief within 60 days after receiving it. Within 120 days after Gannon’s consent or a later court order, the defendants must fully implement the plan, including any court-approved changes.
The court also ordered Gannon to submit a motion and supporting materials seeking attorneys’ fees and costs after entry and enforcement of the judgment. The Clerk of Court was directed to enter judgment accordingly.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.