Opinion
23-cv-5397 (JPO) (KHP)
01-23-2024
PARADISE MORGAN, Individually and as the representative of a class of similarly situated persons, Plaintiff, v. VITAL PLAN, INC., Defendant
JUDGMENT
J. PAUL OETKEN UNITED STATES DISTRICT JUDGE
WHEREAS, Plaintiff, Paradise Morgan, commenced the above-captioned action against Vital Plan, Inc. on June 26, 2023 by filing a Summons and Complaint, alleging that Defendant failed to design, construct, maintain and operate its website, www.vitalplan.com, (the “Website”) to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons and denying blind and visually-impaired persons throughout the United States with equal access to the goods and services Defendant provides to its non-disabled customers through the Website in violation of the Americans with Disabilities Act and alleges that Defendant violated Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; and
WHEREAS, Defendant served Plaintiff's counsel with an Offer of Judgment dated January 8, 2024; and
WHEREAS, Plaintiff has elected to acce counsel for Defendant and filed with the Court dated January 17, 2024, it is
ORDERED, ADJUDGED AND DECR defendant in the liquidated amount of $1,0 amounting to $1,052.03 plus reasonable attorn action in an amount to be determined by the cou
ORDERED, ADJUDGED AND DECR relief set forth in paragraphs (a) and (b) of the O of this Judgment.
The parties shall confer and attempt to reach agreement on an amount of reasonable attorneys' fees and costs. If no agreement is reached by Feb. 13, 2024, then Plaintiff shall file any application for fees and costs by Feb. 23, 2024, to which Defendant may respond within 3 weeks.