United States District Court, D. New Jersey
THE INDEPENDENCE PROJECT, INC., A New Jersey Non Profit Corporation and DENNIS MAURER, Individually, Plaintiffs,
EVERGREEN I ASSOCIATES, LLC a New Jersey Limited Liability Corporation, Defendant.
DEFAULT FINAL JUDGMENT AGAINST DEFENDANT, EVERGREEN I
B. SIMANDLE, U.S. District Judge
CAUSE came before the Court on the Plaintiffs' Motion for
Entry of Judgment After Default Against the Defendant,
Evergreen I Associates, LLC, a New Jersey Limited Liability
Company (Docket Item 9) pursuant to Rule 55(b), Fed. R. Civ.
P.; and The Court has reviewed the matters and
Plaintiffs' allegation that Defendant is a place of
public accommodation, operating in violation of Title III of
the Americans With Disabilities Act, 42 U.S.C. 12181, et seq.
and the New Jersey Law Against Discrimination. See
N.J.S.A. § 10.5 et seq. It has also reviewed
the Affidavit of Plaintiffs expert, Anthony Mattera,
attesting to the violations at the Defendant's premises,
which this Court credits regarding enumerated violations of
the ADA and NJLAD.
on the foregoing, and having otherwise been advised in the
premises, IT IS, this hereby
AND ADJUDGED as follows:
Court has subject matter jurisdiction over the Parties and
the subject matter of this action pursuant to 28 U.S.C.
§ 1331 and § 1343, for Plaintiffs' claims,
based upon Defendant's violation of Title III of 42
U.S.C. § 12181 et seq. (the "Americans
With Disabilities Act"), and supplemental jurisdiction
over the Plaintiffs State law claim brought pursuant to the
New Jersey Law Against Discrimination (N.J.S.A.) § 10.5,
et seq. by virtue of 28 U.S.C. § 1367. The
Court has personal jurisdiction over Defendant.
Plaintiffs, The Independence Project, Inc. and Dennis
Maurer's Motion for Entry of Judgment After Default be
and the same is hereby GRANTED. Default was entered on
January 5, 2017 against the Defendant, Evergreen I
Associates, LLC pursuant to Rule 55(a), and default judgment
is hereby entered in favor of Plaintiffs, The Independence
Project, Inc. and Dennis Maurer and against Defendant
Evergreen I Associates, LLC.
Defendant, Evergreen I Associates, LLC are hereby ENJOINED to
comply with all sections of the Americans With Disabilities
Act, 42 U.S.C. § 12181, the Standards for Accessible
Design ("2010 Standards"), as promulgated by the
U.S. Department of Justice, 28 C.F.R. Chapter 1, Part 36,
App. A, as specifically set forth in the Plaintiffs'
Complaint and the Affidavit of Plaintiff's expert,
Anthony Mattera of Access Consultants, LLC at the Evergreen
Plaza located at 1710 Route 38, Lumberton, N.J. 08048 in
Burlington County, in the State of New Jersey, specifically
consisting of the following conditions and remedial measures.
The Defendant is hereby enjoined to remedy the following
violations within ninety (90) days of the entry of this
Parking and Exterior Accessible
(1) Parking throughout Evergreen Plaza is not maintained;
lacks adequate access aisles, lack an accessible route and
contain slopes within the spaces, violating Sections 502 and
502.4 of the 2010 Accessibility Standards, which shall be
(2) Curb ramps provided to access stores at Evergreen Plaza
are unsafe for wheelchair users and are not provided in some
areas of the center. The curb ramps contain abrupt changes of
level, contain cross slopes and slopes beyond the limits,
violating Sections 406 and 502.7 of the 2010 Accessibility
Standards, which shall be cured.
(3) The exterior accessible route from parking spaces at
Evergreen Plaza fails to lead to ramps or curb ramps and was
found to contain cross slopes an d abrupt changes of level,
those in wheelchairs can be harmed by these conditions,
violating Sections 403.4 and 402 of the 2010 Accessibility
Standards, which shall be cured.
(4) Evergreen Plaza fails to provide a safe accessible route
to the adjacent bus stop, street or sidewalk, violating
Section 206.2.1 of the 2010 Accessibility Standards, which
shall be cured.
Access to Goods and Services
(1) La Vita's Pizza and Mount Holly Buffet fail to
provide accessible dining tables for those in wheelchairs,
violating Section 902 of the 2010 ...