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Longhini v. Rayan And Associates, Inc.

United States District Court, M.D. Florida, Orlando Division

April 27, 2018

DOUG LONGHINI, Plaintiff,
v.
RAYAN AND ASSOCIATES, INC. and FL SAKURA ASIAN FUSION, INC. a/k/a SAKURA ASIAN FUSION, Defendants.

          REPORT AND RECOMMENDATION

          GREGORY J. JELLY UNITED STATES MAGISTRATE JUDGE.

         This cause came on for consideration without oral argument on the following motions:

MOTION:

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (Doc. No. 35)

FILED:

February 6, 2018

THEREON it is RECOMMENDED that the motion be DENIED.

MOTION:

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (Doc. No. 36)

FILED:

February 6, 2018

THEREON it is RECOMMENDED that the motion DENIED.

         I. PROCEDURAL BACKGROUND.

         On June 6, 2017, Plaintiff Douglas Longhini filed a Complaint against Defendants FL Sakura Asian Fusion, Inc. (“Sakura”) and Rayan and Associates, Inc. (“Rayan”), alleging violations of the Americans with Disabilities Act (“ADA”). Doc. No. 1. On June 21, 2017, Sakura was served with the Complaint and discovery requests, Doc. No. 14, and on June 28, 2017, Rayan was served with the Complaint and discovery requests, Doc. No. 25. Sakura and Rayan failed to appear or file any papers in this action, and on September 29, 2017, a clerk's default was entered against Sakura, Doc. No. 23, and on November 16, 2017, a clerk's default was entered against Rayan, Doc. No. 17. On February 6, 2018, Longhini filed motions for final default judgments (the “Motions”) against Sakura and Rayan. Doc. Nos. 35, 36.

         II. ALLEGATIONS.

         Longhini alleges the following in the Complaint. He is a qualified individual under the ADA, specifically, that he has cerebral palsy, “which requires him to use a wheelchair to ambulate, [and Longhini] may not ambulate without use of a wheelchair.” Doc. No. 1 at ¶¶ 3, 4. Rayan is the “owner, lessor, or operator of real property (and the improvements made thereon) and related facilities located at 7618 W. Irlo Bronson Memorial Highway, Kissimmee, Florida 34747, Parcel ID: 03-25-27-31 60-0000-0025 (the “Subject Premises” or “Facilities”). Id. at ¶ 6. Sakura “is the owner, lessee or operator of the restaurant known as Sakura Asian Fusion located on the Subject Premises.” Id. at ¶ 8. The Subject Premises is a place of public accommodation under the ADA, specifically, a restaurant. Id. at ¶¶ 8, 9.

         On or about March 8, 2017, Longhini visited the Subject Premises to buy food “and encountered architectural barriers to access the Subject Premises.” Id. at ¶ 13. Longhini “was not able to access, among other things, parking, entrance, travel via an accessible path, goods and services provided by the tenant, and tenant restroom, at the Subject Premises without encountering accessibility barriers.” Id. at ¶ 23. Longhini alleges the following violations against Rayan and Sakura:

         Parking

a. The accessible space is not located on a compliant accessible route to enter the building served in violation of Section 4.6 of the [Americans with Disabilities Act Accessibility Guidelines (“ADAAG”)] and Section 502 of the 2010 ADA Standards, the solution is readily achievable.
b. Accessible parking lacks compliant identification signage, the provided sign is improperly located violating ADAAG Section 4.6 and 2010 ADAAS[1] Section 502.

         Entrance Access and Path of Travel

c. The ramp leading to the restaurant door has excessive slopes in violation of Section 4.8 of the ADAAG as well as ADAAS Section 405.
d. The slope and maneuvering clearance at the entry door is hazardous to the plaintiff violating ADAAG Section 4.13 and 2010 ADAAS Sections 403 and 404.

         Access to ...


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