United States District Court, S.D. Florida
ORDER ON PLAINTIFF'S MOTION TO STRIKE
G. TORRES UNITED STATES MAGISTRATE JUDGE.
this Court is a Motion to Strike the five affirmative
defenses asserted by Defendant M10 MOTORS, LLC
(“Defendant”) in its Answer to Plaintiff's
Complaint. Having reviewed the Motion, filed by Plaintiff
ANDRES GOMEZ on November 25, 2019 [D.E. 12], we hereby ORDER
that it be GRANTED in part and
DENIED in part.
is a blind individual that filed his lawsuit against
Defendant for offering and maintaining an internet website
that is not fully accessible and independently usable by the
visually-impaired. [D.E. 1, ¶ 2]. According to the
Complaint, Plaintiff and other individuals suffering from
visual impairments utilize special screen-reading software
technology that allows each to browse a website's
features. Id. at ¶ 6. Plaintiff alleges that
Defendant's website is equipped with “digital
barriers” that limit the application of this
screen-reading software in violation of the Americans with
Disabilities Act (“ADA”). Id.
answered the Complaint on November 4, 2011, denying a
majority of the allegations. [D.E. 11]. The Answer asserts
five affirmative defenses in response to the Complaint, which
read as follows:
The Complaint fails to state a claim upon which relief can be
Gomez lacks standing to bring the claims in the Complaint.
Plaintiff is a tester without the actual intent to return to
Defendants' website for a legitimate purpose other than
testing Defendant's website. Plaintiff sought out
Defendant's website not for the purpose of returning to
gain access for a legitimate purpose or as a consumer, but
rather as a tester.
Defendant states that the request for injunctive relief is
moot because M10 Motors' website now meets the
requirements of the ADA and should Plaintiff seek to use the
website in the future, he will be able to navigate same and
utilize the goods and services offered by the Defendant.
Defendant states that because Plaintiff's claims are
moot, this Court does not have subject matter jurisdiction
over this matter ...