Opinion
Civil Action 22-cv-02358-NYW
11-07-2022
JOHN MEGGS, and ACCESS 4 ALL INCORPORATED Plaintiffs, v. FRIENDS HOSPITALITY, LLC, Defendant.
MEMORANDUM OPINION AND ORDER
Nina Y. Wang, Judge
Pending before the Court is the Notice of Accepting Offer of Judgment filed by Plaintiffs Access 4 All Incorporated and John Meggs (“Plaintiffs”) [Doc. 14, filed November 2, 2022]. Rule 68 of the Federal Rules of Civil Procedure provides:
At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service.Fed. R. Civ. P. 68. Pursuant to the Offer of Judgment [Doc. 14-1], IT IS ORDERED that:
(1) Defendant Friends Hospitality, LLC is IN VIOLATION of Title III of the Americans with Disabilities Act;
(2) Defendant SHALL, within 12 months of this Order, make all readily achievable alterations to the facilities, or to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by the ADA; and to require Defendant to make reasonable modifications in policies; practices or procedures, when such modifications are necessary to afford all offered goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities; and by failing to take such steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services;
(3) Plaintiffs may APPLY to the Court for reasonable attorneys' fees, costs, and expenses pursuant to 42 U.S.C. § 12205, but to which Defendant reserves the right to contest the reasonableness of such fees, costs, and expenses;
(4) Any motion for attorney's fees is DUE no later than November 21, 2022; and
(5) The Clerk of the Court is DIRECTED to enter judgment in favor of Plaintiffs Access 4 All Incorporated and John Meggs and against Defendant Friends Hospitality LLC.