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Date: 05-01-2023
Case Style:
Case Number: 1:23-cv-01369
Judge: Paul A. Engelmayer
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney:
Defendant's Attorney: Jamie Scott Felsen
Description: New York, New York civil rights lawyer represented Plaintiff who sued Defendant on Americans With Disabilities Act - Civil Enforcement Actions theory.
"42 U.S. Code § 12188 is a section of the Americans with Disabilities Act (ADA) that allows the Attorney General of the United States to bring civil actions against any person or group of persons who have been discriminated against on the basis of disability in violation of the ADA. The Attorney General may also bring civil actions against any State or local government that has failed to comply with the ADA's requirements.
The ADA prohibits discrimination on the basis of disability in a variety of areas, including employment, public accommodations, transportation, and telecommunications. The ADA also requires State and local governments to make reasonable modifications to their policies and procedures to ensure that people with disabilities have an equal opportunity to participate in and enjoy the benefits of State and local government services, programs, and activities.
The Attorney General's civil enforcement authority under 42 U.S. Code § 12188 is an important tool for ensuring that the ADA is enforced and that people with disabilities are protected from discrimination. The Attorney General has brought a number of successful civil enforcement actions under this provision, including actions against businesses, schools, and government agencies.
The Attorney General's civil enforcement authority is not the only way to enforce the ADA. Individuals who believe that they have been discriminated against on the basis of disability may also file a private lawsuit against the person or entity that discriminated against them. Private lawsuits can be an effective way to obtain relief for individuals who have been discriminated against, and they can also help to deter future discrimination.
The ADA is an important law that protects the rights of people with disabilities. The Attorney General's civil enforcement authority under 42 U.S. Code § 12188 is an important tool for ensuring that the ADA is enforced and that people with disabilities are protected from discrimination."
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Outcome: 05/01/2023 17 NOTICE of Settlement . Document filed by Joseph Volfman..(Autz, Andre) (Entered: 05/01/2023)
05/01/2023 18 ORDER: The Court having been advised that all claims asserted herein have been settled in principle, Dkt. 15, as against all defendants, Dkts. 16-17, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/1/2023) (rro) (Entered: 05/01/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: