Filed Date: Feb. 14, 2017
Clearinghouse coding complete
This putative class action suit was filed on February 14, 2017, in the Fort Worth Division of the U.S. District Court for the Northern District of Texas. It was brought by a disabled individual in response to alleged architectural barriers at a local shopping plaza. The plaintiff argued that the defendant, the company that owned the plaza, violated the Americans with Disabilities Act (ADA) by failing to rectify these barriers. Specifically, the plaintiff alleged the defendant failed to make necessary changes despite them being readily available, made improper alterations, failed to implement changes to prevent discrimination, and violated portions of the Texas Human Resource Code (THRC). Represented by private counsel, the plaintiff requested injunctive relief, declaratory relief, and monetary relief for damages. The plaintiff also sought to certify a class of over 500 people. The proposed class was composed of “all persons who have a severe difficulty walking or climbing stairs, and/or who use wheelchairs, walkers, crutches a cane or scooters for mobility, who would therefore be considered, disabled under the ADA and persons with a disability under Texas law, who could bring a suit against the Defendant for accommodation discrimination at the Property under the ADA and/or under the THRC.”
Following a lack of response by the defendant, Chief Judge Barbara M.G. Lynn issued an order for default judgment on August 22, 2017. On October 30, 2017, the court also ordered the defendant to pay the plaintiff for attorneys’ fees. However, these orders were vacated on February 23, 2018. The defendant claimed that it did not receive notice due to an address typo and agreed to negotiate with the plaintiff to settle the matter outside of court.
This case is now being settled out of court.
Summary Authors
Jacob Hebda (1/22/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/43972226/parties/rodolfo-v-crowley-road-plaza-llc/
Lynn, Barbara M. (Texas)
Lynn, Barbara M. (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/43972226/rodolfo-v-crowley-road-plaza-llc/
Last updated March 8, 2024, 3:03 a.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: Feb. 14, 2017
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
"[A]ll persons who have a severe difficulty walking or climbing stairs, and/or who use wheelchairs, walkers, crutches a cane or scooters for mobility, who would therefore be considered, disabled under the ADA and persons with a disability under Texas law, who could bring a suit against the Defendant for accommodation discrimination at the Property under the ADA and/or under the THRC..."
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Crowley Road Plaza LLC (Carrollton), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights:
Discrimination-basis: