United States District Court, D. Minnesota
Padraigin Browne, Browne Law LLC, Counsel for Plaintiff.
appearance on behalf of Defendants.
MEMORANDUM OF LAW & ORDER
Michael J. Davis United States District Judge
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,
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.)
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.)
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.)
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.
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]
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.