Zayas v. JLM Venture IV LLC

Background

Edwin Zayas sued JLM Venture IV LLC and 5 Brothers Gourmet Deli Inc., individually and on behalf of others similarly situated. The complaint alleged disability discrimination involving a public accommodation under Title III of the Americans with Disabilities Act (ADA), New York State Human Rights Law, New York State Civil Rights Law, and New York City Human Rights Law.

The order concerns Zayas’s application for default judgment against 5 Brothers under Rule 55(b)(2) of the Federal Rules of Civil Procedure. The court found that 5 Brothers had been properly served with the original and amended pleadings, did not answer or otherwise move, and had not received an extension of time to respond. The clerk entered default on May 15, 2023.

Court’s Analysis

The court found that 5 Brothers leases and operates the property containing a public accommodation. It further found that architectural barriers denied Zayas access to, and the opportunity to participate in or benefit from, the facility’s services or accommodations because of his disability. The court determined that the allegations established violations involving structural barriers, failure to make alterations under the 1991 and 2010 standards, discrimination in the full and equal enjoyment of the public accommodation, and failure to make readily achievable modifications. Because of the default, 5 Brothers did not challenge those allegations.

The court separately reduced the requested attorney’s fees. It found the requested $545 hourly rate excessive for this routine ADA discrimination case and default-judgment motion, setting a reasonable rate at $400 per hour. It also found the requested 14.1 hours unreasonable, reduced compensable time to 13.7 hours, and applied a further 50 percent reduction, resulting in 6.85 hours.

Ruling

Judge Valerie Capron ordered and adjudged that 5 Brothers violated Title III of the ADA, New York State Civil Rights Law §§ 40-c and 40-d, New York State Human Rights Law § 296 and related provisions, and New York City Human Rights Law § 8-107 and related provisions. The court enjoined 5 Brothers from discriminating against Zayas in violation of those laws and awarded Zayas’s counsel $2,740 in attorney’s fees. The judgment bears interest at the judgment rate from entry until payment. The court retained jurisdiction through December 31, 2023, to enforce the order and to award damages, equitable relief, or other relief the court deemed just and proper. The text does not state a disposition for JLM Venture IV LLC.