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Smith v. Hartmann's Moonshine Shoppe, LLC

United States District Court, D. Minnesota

October 2, 2019

SCOTT SMITH, Plaintiff,
v.
HARTMANN'S MOONSHINE SHOPPE, LLC; PAUL J. HARTMANN; and ANN M. HARTMANN, Defendants.

          Padraigin Browne, Browne Law LLC, Counsel for Plaintiff.

          No appearance on behalf of Defendants.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Judge

         I. INTRODUCTION

         This matter is before the Court on Plaintiff's Motion for Default Judgment [Docket No. 12] and Motion for Attorney Fees [Docket No. 20]. The Court heard oral argument on April 24, 2019.

         II. BACKGROUND

         A. Factual Background

         Plaintiff Scott Smith is a resident of Burnsville, Minnesota. (Compl. ¶ 8.) Smith has arthrogryposis, which prevents him from standing or walking and requires him to use a wheelchair for mobility. (IcL ¶ 9.)

         Defendant Hartmann's Moonshine Shoppe, LLC, is a Minnesota limited liability company that operates a liquor store, "Moonshine Shoppe/' located in Sauk Centre, Minnesota. (Compl. ¶ 10.) Paul Hartmann and Ann Hartmann are the owners of the real property on which the Moonshine Shoppe is located and lease the property to the Moonshine Shoppe. (Id. ¶ 11.)

         On June 24, 2017, Smith attempted to patronize the Moonshine Shoppe but there were no parking spaces reserved for persons with disabilities in the parking lot. (Compl. ¶¶ 12-13; Compl., Ex. A.) Also, the "curb ramp between the parking lot and the raised sidewalk leading to the 'Moonshine Shoppe' appeared to have an excessive slope." (Compl. ¶ 14.) Smith claims that, "[a]s a result of the architectural barriers at building entrances, [he] was deterred from visiting 'Moonshine Shoppe.'" (Id. ¶ 16.) He would like to patronize the Moonshine Shoppe but is deterred from doing so by these architectural barriers. (Id. ¶ 18.) He asserts that he plans to visit the Moonshine Shoppe again in the near future. (Id. ¶ 33.)

         B. Procedural History

         On September 11, 2017, Smith filed a Complaint against Ann Hartmann, Paul Hartmann, and Hartmann's Moonshine Shoppe, LLC in this Court. [Docket No. 1] The Complaint alleges: Count 1: Violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

         On September 21, 2017, Paul and Ann Hartmann were served [Docket Nos. 5, 7]; and on September 25, 2017, Hartmann's Moonshine was served [Docket No. 6]. They failed to answer or otherwise respond. On February 5, 2018, the Clerk entered Default against all three Defendants. [Docket No. 11]

         On March 19, 2019, Smith filed the current motion for default judgment against all three Defendants. Smith seeks entry of a permanent injunction and an award of attorneys' fees and costs. The Court heard oral argument on April 24, 2019. Only the attorney for Smith appeared. During the hearing, the Court ruled that it would grant the default judgment and ordered Smith to file an affidavit in support of his requested attorney's fees. On May 7, 2019, Smith filed the Declaration of Padraigin Browne in support of the requested attorney's fees. On September 20, 2019, Smith filed a certificate of service on Defendants.

         III. DISCUSSION

         A. ...


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