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Date: 04-11-2023

Case Style:

Javier Monge v. Johnny B's Realty, LLC and Rugo, LLC

Case Number: 1:21-cv-07664

Judge: John P. Cronan

Court: United States District Court for the Southern District of New York (Manhattan County)

Plaintiff's Attorney:

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Defendant's Attorney: Kevin Scott Johnson

Description: New York City, New York civil rights lawyer represented Plaintiff who sued Defendant on a Americans with Disabilities Act of 1990 violation theory.

Plaintiff filed numerous ADA cases in the Southern District of New York.

It is hereby ORDERED that a representative from Defendant Rugo LLC be present at the telephonic hearing on Defendant's counsel's motion to withdraw as attorney scheduled for November 9, 2022, at 12:00 p.m. At the scheduled time, Defendant should call (866) 434-5269, access code 9176261. Defendant should be prepared to address whether it consents to counsel withdrawing its representation, and what efforts, if any, have been made to retain new counsel. See Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 187 (2d Cir. 2006) (“[I]t is well-settled law that a corporation may appear in the federal courts only through licensed counsel ....”).
Monge v. Johnny B's Realty & Rugo LLC (S.D. N.Y. 2022)

"Disability law in the United States is a complex and ever-evolving field. There are many different laws and regulations that govern the rights of people with disabilities, and these laws can vary depending on the specific situation.

One of the most important disability laws in the United States is the Americans with Disabilities Act (ADA). The ADA was passed in 1990, and it prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and state and local government services.

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. This includes impairments such as blindness, deafness, mobility impairments, and mental illness. The ADA also protects people with disabilities who have a history or record of such an impairment, or who are perceived by others as having such an impairment.

The ADA applies to all employers with 15 or more employees, all state and local governments, and all public accommodations. Public accommodations are places of public accommodation, such as restaurants, hotels, theaters, and stores.

The ADA prohibits discrimination against people with disabilities in a variety of ways. For example, employers are prohibited from discriminating against people with disabilities in hiring, firing, and other terms and conditions of employment. State and local governments are prohibited from discriminating against people with disabilities in the provision of public services. And public accommodations are prohibited from discriminating against people with disabilities in the full and equal enjoyment of their services.

The ADA also requires that public accommodations make reasonable accommodations for people with disabilities. This means that public accommodations must make changes to their policies, procedures, or facilities to ensure that people with disabilities can use their services. For example, a restaurant may be required to provide a sign language interpreter for a deaf customer, or a hotel may be required to provide a wheelchair-accessible room.

The ADA is an important law that has helped to ensure that people with disabilities have the same rights and opportunities as everyone else. However, there are still many challenges that people with disabilities face. For example, many people with disabilities still face discrimination in employment, housing, and education. And many public accommodations still do not make reasonable accommodations for people with disabilities.

There are a number of organizations that work to protect the rights of people with disabilities. These organizations provide information and resources to people with disabilities, and they advocate for changes in laws and policies that will improve the lives of people with disabilities.

If you believe that you have been discriminated against because of a disability, you should contact the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces the ADA and other laws that protect the rights of people with disabilities. You can also contact your state or local disability rights agency for assistance.
" Google Bard

Outcome: Plaintiff has moved for a default judgment against Defendants Rugo LLC and Johnny B's Realty, LLC. Dkt. 89. For reasons stated on the record on April 11, 2023 at the default judgment hearing in this case, the Court grants Plaintiff's motion for a default judgment to the following extent: 1. Within sixty days of Plaintiff's filing of proof of service of this Order, Defendants must provide Plaintiff's counsel with a remediation plan to addresses the violations of the Americans with Disability Act Accessibility Guidelines that are alleged in Plaintiffs Second Amended Complaint; 2. Within thirty days of Plaintiffs receipt of Defendants' remediation plan, Plaintiff must file a consent to the plan or seek further relief from the Court; and 3. Within sixty days of Plaintiff's consent to the remediation plan or subsequent Order of this Court ordering particular alterations, Defendants must make the necessary alterations, absent further order of the Court extending this deadline. Plaintiff may apply for attorneys' fees and costs at the conclusion of this case. Plaintiff must serve Defendants with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED., Motions terminated: 89 SECOND MOTION for Default Judgment as to all defendants. filed by Javier Monge. (Signed by Judge John P. Cronan on 4/11/2023) (jca) (Entered: 04/11/2023)

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