UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:20-cv-61359-RNS

DOUG LONGHINI, 

Plaintiff,

v.

17070 COLLINS AVENUE SHOPPING

CENTER, LTD. et al.,

Defendants.

__________________________________/

JOINT MOTION FOR APPROVAL AND ENTRY OF CONSENT DECREE

AND TO DISMISS ACTION WITH PREJUDICE

Plaintiff DOUG LONGHINI and Defendants, 17070 COLLINS AVENUE SHOPPING 

CENTER, LTD.; RK HALLANDALE LIMITED PARTNERSHIP (collectively the “Parties”), by 

and through their respective undersigned counsel, hereby move for the Court’s approval and entry 

of the attached Consent Decree and for the dismissal of this action with prejudice.

1. This is an action under Title III of the Americans with Disabilities Act, 42 U.S.C. § 

12181 et seq. (“Title III” of the “ADA”). The commercial property at issue is located at 1404 E. 

Hallandale Beach Boulevard, Hallandale Beach, Florida. 

2. The matters raised by Plaintiff’s complaint have been resolved in accordance with the 

Consent Decree attached hereto as Exhibit “A.” 

3. The Parties agree and submit that the attached Consent Decree is fundamentally fair, 

adequate and reasonable to improve access for persons with disabilities at the property at issue, 

and otherwise meets the purposes of Title III of the ADA. 

4. The Parties respectfully request that the Court review, approve and ratify the Consent 

Decree. As part of the Parties’ settlement embodied by the Consent Decree, the parties have agreed 

Case 0:20-cv-61359-RNS Document 95 Entered on FLSD Docket 03/29/2021 Page 1 of 3
to a dismissal of this action with prejudice, with such dismissal being conditioned on the Court 

retaining jurisdiction to enforce the Consent Decree. See Anago Franchising, Inc. v. Shaz, LLC, 

677 F.3d 1272, 1280 (11th Cir. 2012). Accordingly, the Parties request, upon the Court’s review, 

approval and ratification of the Consent Decree, that the Court dismiss this action with prejudice 

and reserve jurisdiction to enforce the Consent Decree. 

5. Except as otherwise stated in the Consent Decree, the parties to this action shall bear 

their own respective fees and costs. 

WHEREFORE, the Parties respectfully request that the Court enter an order (a) approving 

and entering the attached Consent Decree, (b) dismissing this action with prejudice, (c) retaining 

jurisdiction to enforce the Consent Decree and (d) granting such additional relief as the Court 

deems just and proper.

Dated: March 29, 2021

/s/ Anthony J. Perez

ANTHONY J. PEREZ

Florida Bar No.: 535451

GARCIA-MENOCAL & PEREZ, P.L.

4937 S.W. 74th Court, Unit #3

Miami, FL 33155

Telephone: (305) 553- 3464

Facsímile: (305) 553-3031

Primary Email: ajperezlaw@gmail.com;

aquezada@lawgmp.com 

Attorney for Plaintiff

/s/ Aaron Behar

AARON BEHAR

Florida Bar No. 166286

BEHAR BEHAR

490 Sawgrass Corporate Parkway, Suite 300

Sunrise, Florida 33325

Telephone: (954) 990.8639

Facsimile: (954) 332.9260

PrimaryEmail: 

ab@beharbehar.com

Attorney for Defendants, 17070 Collins 

Avenue Shopping Center, Ltd.; RK Hallandale 

Limited Partnership; Wes Tayta Corporation; 

P16, LLC; and 88 Zest, LLC

Case 0:20-cv-61359-RNS Document 95 Entered on FLSD Docket 03/29/2021 Page 2 of 3
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 29, 2021, I electronically filed a true and correct copy 

of the forgoing with the Clerk of Court using the CM/ECF system which will serve notice of the 

electronic filing upon all parties of record.

Respectfully submitted,

GARCIA-MENOCAL, & PEREZ, P.L. 

Attorneys for Plaintiff 

4937 SW 74th Court, No.3 

Miami, FL 33155 

Telephone: (305) 553-3464 

Facsimile: (305) 553-3031 

Primary E-Mail: ajperez@lawgmp.com

Secondary E-Mail: aquezada@lawgmp.com

crodriguez@lawgmp.com

By: __Anthony J. Perez________ 

ANTHONY J. PEREZ 

Florida Bar No.: 535451

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