UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:20-CV-22373-FAM 

WINDY LUCIUS, 

 Plaintiff, 

v. 

AUTOZONE, INC., 

Defendant. 

__________________________________/ 

STIPULATION OF DISMISSAL WITH PREJUDICE 

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiff Windy Lucius and Defendant 

Autozone, Inc. stipulate and jointly request that this Court enter a dismissal with prejudice of 

Plaintiff’s Complaint in the above entitled action, in its entirety, with the Court to retain 

jurisdiction over the parties and the action until August 31, 2022, for the sole purpose of 

enforcement of the parties’ obligations under Section 2(C) of the Confidential Settlement 

Agreement and Release of Claims, which reads (in full) as follows: 

Autozone shall, within twenty-four (24) months of the Effective 

Date (“the Remediation Period”), use good faith efforts to cause 

those portions of the App or Apps that are covered by Title III of 

the ADA to be in a condition or state that allows individuals with 

disabilities within the meaning of the ADA to gain the same 

information with an ease of use substantially equivalent to that of a 

non-disabled person using the App(s) (“ADA Compliant”) 

(“Remediation”). The Parties agree that being in substantial 

conformance with WCAG 2.0 Level AA or WCAG 2.1 shall 

constitute “ADA Compliant,” but that substantial conformance 

with WCAG 2.0, Level AA or WCAG 2.1 is neither the test for 

ADA Compliance nor the sole method of achieving ADA 

Compliance. The Parties further agree that, notwithstanding 

anything contained in this provision or in this Agreement, the 

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App(s) shall be permitted to link to websites owned or operated by 

others containing Third-Party Content (as defined below) that may 

not be accessible to individuals with disabilities. (The term 

“Third-Party Content” refers to web content that is not 

developed, owned, or operated by AutoZone.) The Parties further 

agree that ADA Compliant shall include substantial conformance 

with any standard later established or recognized by the United 

States Supreme Court, the Eleventh Circuit Court of Appeals or the 

U.S. Department of Justice. However, if a judicial, legislative or 

regulatory body enacts any legislation or rule, or if the United 

States Supreme Court or the Eleventh Circuit Court of Appeals 

renders a decision, pursuant to which the App(s) is/are not 

considered a service of a place of public accommodation or 

business establishment under the Disability Laws, it is understood 

that AutoZone will be relieved of the obligations set forth in this 

Section 2(C). If AutoZone’s ability to meet the deadline for 

compliance with this Section 2(C) is delayed by third-party 

vendors, acts of God, force majeure or other reasons that are 

outside of AutoZone’ control, the deadline shall be extended for 

the length of the delay. 

Each party shall bear his or its own costs and fees, including attorneys’ fees, incurred with 

this action. The effectiveness of this stipulation is conditioned upon the Court’s entry of an order 

retaining jurisdiction to enforce the terms of the parties’ settlement agreement. See Anago 

Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012).

Dated: September 9, 2020. 

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Respectfully submitted 

/s/ J. Courtney Cunningham

J. Courtney Cunningham, Esq. 

 Florida Bar No. 628166 

 cc@cunninghampllc.com 

J. COURTNEY CUNNINGHAM, PLLC 

8950 S.W. 74th Court, Ste. 2201 

Miami, FL 33156 

Telephone: 305.351.2014 

Facsimile: 305.513.5942 

Counsel for Plaintiff

/s/ Paul De Boe 

Paul J. De Boe, Esq. 

 Florida Bar No.: 52051 

 paul.deboe@ogletreedeakins.com 

OGLETREE, DEAKINS, NASH, 

SMOAK & STEWART, P.C. 

Two Datran Center 

9130 S. Dadeland Boulevard, Ste. 1625 

Miami, Florida 33156 

Telephone: 305.374.0506 

Facsimile: 305.374.0456 

Counsel for Defendant

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