Norman v. Three In One Equities, LLC

Background

Kimmarie Norman sued Three In One Equities, LLC, and 3 Star Deli Grocery Inc., alleging that their place of public accommodation violated the Americans with Disabilities Act and several provisions of state and local law. Norman later stipulated to the voluntary dismissal of 3 Star Deli without prejudice.

Default-judgment proceedings

Norman moved for default judgment against Three In One on October 2, 2023. After receiving an extension to serve the default-judgment papers, Norman filed proof that she mailed the papers to Three In One. Three In One filed no opposition.

Magistrate Judge Cott issued a Report and Recommendation advising that the motion be granted and that Norman receive permanent injunctive relief, damages, attorney’s fees, and costs. Norman mailed the Report to Three In One on February 17, 2024. The court calculated that objections were due 17 days later, on March 5, 2024. No objections were filed.

Court’s ruling

The court reviewed the Report for clear error because Three In One had received notice of the consequences of failing to object. Judge Rochon found the Report’s reasoning sound and not clearly erroneous, except for a numerical inconsistency.

The Report recommended $1,000 in compensatory damages, $500 in statutory damages, $28,092 in attorney’s fees, and $597.66 in costs. Those amounts total $30,189.66. The court clarified that the Report’s reference to $28,689.66 described attorney’s fees and costs, while the damages totaled $1,500.

The court adopted the Report in its entirety as clarified, directed the Clerk to terminate the pending motions, and entered judgment in Norman’s favor for $30,189.66. The court also stated that Three In One’s failure to object precluded appellate review of the decision.