UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 20-cv-81091-AHS

NELSON FERNANDEZ,

Plaintiff,

v.

BOSE CORPORATION, a foreign for-profit 

corporation,

Defendant.

__________________________________/

1. Nelson Fernandez ("Plaintiff') filed a Complaint on July 9, 2020, against 

BOSE CORPORATION, a foreign for-profit corporation, (the "Defendant"), alleging that 

the Defendant failed to design, construct, and maintain its website https://www.bose.com

("Website") in a manner that is fully accessible to and independently usable by Plaintiff 

and other disabled people. Plaintiff alleges this resulted in a denial of full and equal access 

to the Website, and the products and services offered on the Website, in violation of Title 

III of the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.). Plaintiff also 

alleges that the Defendant committed a trespass against Plaintiffs personal property.

2. The Defendant denies the allegations in the Complaint, and by entering into 

this Consent Decree and Order does not admit liability to any of the allegations in 

Plaintiff's Complaint. The Parties enter into this Consent Decree and Order for the 

purpose of resolving this lawsuit without the need for protracted litigation, and without the 

admission of any liability.

3. To avoid the costs, expense, and uncertainty of protracted litigation, the 

Parties to this Consent Decree agree to entry of this Order to resolve all claims regarding 

CONSENT DECREE AND ORDER 

FOR INJUNCTIVE, MONETARY AND 

OTHER RELIEF

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injunctive relief and damages raised in the Complaint. Accordingly, they agree to the 

entry of this Order without trial or further adjudication of any issues of fact or law 

concerning Plaintiffs claims for injunctive relief or damages.

4. This Order shall be a full, complete, and final disposition and settlement of

Plaintiff’s claims against the Defendant for injunctive relief and damages that have arisen 

out of the subject Complaint. The Parties agree that there has been no admission or 

finding of liability or violation of the ADA and/or any other state or federal civil rights, 

consumer protection, or privacy laws, and this Consent Decree and Order should not be 

construed as such.

I. JURISDICTION

5. The Parties to this Consent Decree agree that the Court has jurisdiction of 

this matter pursuant to 28 USC §1331 for alleged violations of the Americans with 

Disabilities Act of 1990, 42 USC§ 12101 et seq.

II. INJUNCTIVE RELIEF

6. The Defendant will, within eighteen (18) months of the Effective Date 

(defined in Section VII), use good faith efforts to cause the Website to substantially 

conform with the Web Content Accessibility Guidelines 2.1 (WCAG) Level AA to the 

extent readily achievable. Should the Department of Justice issue final regulations 

adopting a legal standard for website accessibility that is different from the WCAG 2.1 

Level AA, the Defendant shall have the option of complying with that legal standard, which 

option it may exercise in its sole discretion. Notwithstanding the foregoing, the Defendant 

will make reasonable efforts to use content that conforms to WCAG 2.1 Level AA.

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III. MONETARY RELIEF

7. The Defendant will provide as additional consideration in resolution of all 

claims that were or could have been made in this or any related action, a monetary sum 

as set forth in a Confidential Addendum executed between the Parties separately from 

this Consent Decree. Plaintiff agrees that neither he nor his attorneys are entitled to any 

other monetary compensation as a result of the Confidential Addendum, this Consent 

Decree, or any other claim Plaintiff might have against the Defendant.

IV. ENTIRE CONSENT DECREE AND ORDER

8. This Consent Decree and Order, together with the Confidential Addendum 

referenced in Paragraph 7, constitutes the entire agreement between the Parties on the 

matters of injunctive relief and damages, attorneys' fees, litigation expenses and costs, 

and no other statement, promise, or agreement, either written or oral, made by any of the 

Parties or agents of any of the Parties, that is not contained in this written Consent Decree 

and Order, shall be enforceable regarding the matters described herein.

V. RELEASE OF CLAIMS

9. For and in consideration of the promises, commitments and undertakings 

set forth in this Consent Decree, and for other good and valuable consideration, the 

receipt of which is hereby acknowledged, Plaintiff, on behalf of himself and any of his 

agents, employees, representatives, assigns, heirs, executors, trustees, partners and 

attorneys, and each of them ("Releasors"), shall be deemed to have jointly and severally 

forever released and discharged the Defendant, its affiliates and related entities, together 

with its respective past, present, and future officers, directors, employees, agents, 

stockholders, attorneys, servants, representatives, parent entities, subsidiary entities, 

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other related entities, partners, insurers, contractors, independent consultants, and the 

predecessors, successors, heirs, executors, administrators and assigns of each of the 

foregoing ("Releasees"), from any and all claims, causes of action, suits, demands, rights, 

liabilities, damages, lawsuits, legal proceedings, losses, fees, costs and expenses of any 

kind whatsoever, whether known or unknown, including, but not limited to, any monetary, 

injunctive or declaratory relief relating thereto, and for reimbursement of attorney's fees, 

costs and expenses, specifically relating to the Website, the Defendant's other digital 

assets, and the Complaint ("Released Claims"). Plaintiff, on his own behalf and on behalf 

of the other Releasees, acknowledges that Released Claims may include claims that are 

presently unknown, and that the release contained in this Consent Decree is intended to 

and does fully, finally and forever discharge all Released Claims, whether now asserted 

or unasserted, known or unknown, which arise out of or in connection with the Released 

Claims.

10. Plaintiff acknowledges that he may hereafter discover facts different from, 

or in addition to, those which he now believes to be true with respect to the Released 

Claims. On his own behalf and on behalf of all the Releasees, Plaintiff agrees that the 

foregoing release and waiver shall be and remain effective in all respects notwithstanding 

such different or additional facts or discovery thereof, and that this Consent Decree 

contemplates the extinguishment of all such Released Claims. By executing this Consent 

Decree, Plaintiff acknowledges the following: (a) he is represented by counsel of his own 

choosing; and (b) he has been specifically advised by his counsel of the consequences 

of the above waiver and this Consent Decree generally.

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11. Plaintiff expressly covenants that, as against Defendant, he has not and will 

not file, initiate, commence, institute, maintain, or prosecute any action at law, suit in 

equity or other proceeding, or seek damages or other relief incurred or allegedly incurred 

by him, related to, arising out of, or in any way connected with the Complaint or any 

Released Claim.

VI. ORDER BINDING ON PARTIES AND SUCCESSORS IN INTEREST

12. This Consent Decree and Order shall be binding on Plaintiff, the Defendant 

and any successors in interest. The Parties have a duty to so notify all such successors 

in interest of the existence and terms of this Consent Decree and Order during the period 

of the Court's jurisdiction of this Consent Decree and Order.

14. Signatories on the behalf of the Parties represent that they are authorized 

to bind the Parties to this Consent Decree and Order. This Consent Decree and Order 

may be signed in counterparts and a facsimile or email signature shall have the same 

force and effect as an original signature.

VII. TERM OF THE CONSENT DECREE AND ORDER

15. This Consent Decree and Order shall become effective on the date the 

Order is signed by the Court ("Effective Date").

16. This Consent Decree and Order shall be in full force and effect and expire 

by its own terms at the end of eighteen (18) months from the Effective Date without further 

action by the Patties ("Expiration Date").

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VIII. SEVERABILITY

17. If any term of this Consent Decree and Order is determined by any court to 

be unenforceable, the other terms of this Consent Decree and Order shall nonetheless 

remain in full force and effect.

IX. RETENTION OF JURISDICTION AND ENFORCEMENT

18. This Court shall have continuing jurisdiction to interpret and enforce this 

Consent Decree until the Expiration Date.

19. If either Party believes that the other Party has failed to comply with any 

provision of the Decree, the complaining Party shall notify the alleged non-complying 

Party in writing of such non-compliance and afford the alleged non-complying Party ninety 

(90) days to remedy the alleged non-compliance or satisfy the complaining Party that the 

alleged non-complying Party will comply within a certain period of time. If the alleged noncomplying Party has not remedied the alleged non-compliance or satisfied the 

complaining Party that it has complied within that time, the Parties shall meet and confer 

regarding the non-compliance. If the Parties are unable to resolve the issue(s), the 

complaining Party may apply to the Court for appropriate relief. The Court may order 

appropriate relief should it determine that either Party has not complied with this Decree.

[REMAINDER OF PAGE INTENTIONALLY BLANK]

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AGREED:

NELSON FERNANDEZ BOSE CORPORATION

_________________________ ______________________________

Date: 9/10/2020 Date: September 17, 2020

The Consent of the parties is ADOPTED as the Order of this Court. It is further

ORDERED AND ADJUDGED that this cause stands DISMISSED WITH 

PREJUDICE. The Clerk of Court is directed to CLOSE this case and DENY AS MOOT

any pending motions.

DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 21st day of 

September 2020.

Copies furnished counsel via CM/ECF

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