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Gomez v. M10 Motors, LLC

United States District Court, S.D. Florida

December 23, 2019

ANDRES GOMEZ, Plaintiff,
v.
M10 MOTORS LLC Defendants.

          ORDER ON PLAINTIFF'S MOTION TO STRIKE

          EDWIN G. TORRES UNITED STATES MAGISTRATE JUDGE.

         Before 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.

         I. BACKGROUND

         Plaintiff 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.

         Defendant 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:

FIRST DEFENSE
The Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
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.
THIRD DEFENSE
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.
FOURTH DEFENSE
Defendant states that because Plaintiff's claims are moot, this Court does not have subject matter jurisdiction over this matter ...

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