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The Independence Project, Inc. v. Evergreen I Associates, LLC

United States District Court, D. New Jersey

December 21, 2017

THE INDEPENDENCE PROJECT, INC., A New Jersey Non Profit Corporation and DENNIS MAURER, Individually, Plaintiffs,
v.
EVERGREEN I ASSOCIATES, LLC a New Jersey Limited Liability Corporation, Defendant.

          DEFAULT FINAL JUDGMENT AGAINST DEFENDANT, EVERGREEN I ASSOCIATES, LLC

          JEROME B. SIMANDLE, U.S. District Judge

         THIS 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.

         Based on the foregoing, and having otherwise been advised in the premises, IT IS, this hereby

         ORDERED AND ADJUDGED as follows:

         1. This 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.

         2. The 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.

         3. The 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 Judgment:

         A. Parking and Exterior Accessible Route

(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 cured.
(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.

         B. 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 ...

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