Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 1:23-cv-05027
Judge: Katherine Polk Failla
Court: United States District Court for the Southern District of New York (Manhattan County)
Defendant's Attorney: No Appearance
Description: New York, New York civil rights lawyers represented Plaintiff who sued defendant on a Americans with Disabilities Act violation theory.
"The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and public accommodations. The ADA was passed in 1990 and has been amended several times since then.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include things like walking, seeing, hearing, speaking, learning, and working.
The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including:
Employment: Employers with 15 or more employees are prohibited from discriminating against individuals with disabilities in all aspects of employment, including hiring, firing, pay, promotions, and training.
Education: Schools are prohibited from discriminating against students with disabilities in all aspects of education, including admissions, classes, extracurricular activities, and athletics.
Transportation: Public transportation providers are prohibited from discriminating against individuals with disabilities in all aspects of transportation, including fares, seating, and access to restrooms.
Public accommodations: Businesses that are open to the public are prohibited from discriminating against individuals with disabilities in all aspects of their operations, including access to the premises, goods and services, and facilities.
The ADA also requires that certain businesses and organizations make reasonable accommodations for individuals with disabilities. Reasonable accommodations can include things like providing wheelchair ramps, accessible parking, and interpreters for individuals who are deaf or hard of hearing.
If you believe that you have been discriminated against on the basis of your disability, you may be able to file a complaint with the U.S. Department of Justice (DOJ). The DOJ will investigate your complaint and, if they find that discrimination has occurred, they may take action to enforce the ADA. You may also be able to file a lawsuit against the person or organization that discriminated against you.
The ADA is a powerful law that protects the rights of individuals with disabilities. If you believe that you have been discriminated against, you should speak with an attorney to discuss your legal options."
Outcome: 08/08/2023 10 JOINT LETTER addressed to Judge Katherine Polk Failla from Christopher M. Curci, Esq. dated August 8, 2023 re: Request for Approval of Consent Decree and Order. Document filed by Plump P&C, LLC. (Attachments: # 1 Proposed Order Consent Decree and Order).(Curci, Christopher) (Entered: 08/08/2023)
08/08/2023 11 MEMO ENDORSEMENT on re: 10 Letter, filed by Plump P&C, LLC. ENDORSEMENT: Application GRANTED. The Court will separately enter the Consent Decree and Order. The Clerk of Court is directed to adjourn all remaining deadlines, terminate all pending motions, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/8/2023) (vfr) (Entered: 08/08/2023)
08/08/2023 12 CONSENT DECREE AND ORDER THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and having reviewed the proposed Consent Decree, FINDS AS FOLLOWS: 1) This Court has jurisdiction over the Action under 28 U.S.C. § 1331 and 42 U.S.C. § 12188; 2) The provisions of this Consent Decree shall be binding upon the Parties; 3) This Consent Decree is for settlement purposes only and does not constitute an admission by Defendant of any of the allegations contained in the Complaint or any other pleading in this Action, nor does it constitute any finding of liability against Defendant; 4) The Court's jurisdiction over this matter shall continue for 36 months; and 5) This Consent Decree shall be deemed as adjudicating, once and for all, the merits of each and every claim, matter, and issue that was alleged, or could have been alleged by Plaintiff in the Action based on, or arising out of, or in connection with, the allegations in the Complaint. NOW THEREFORE, the Court approved the Consent Decree and is doing so specifically adopts it and makes it an Order of the Court. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/8/2023) (jca) (Entered: 08/08/2023)