UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 9:20-cv-81367-WPD

HOWARD COHAN,

Plaintiff, 

vs.

TIN ROOF DELRAY BEACH, LLC.,

 Defendant.

____________________________________________/

RENEWED JOINT MOTION FOR APPROVAL AND ENTRY OF CONSENT DECREE

Plaintiff, HOWARD COAHN ("Plaintiff") and Defendant, TIN ROOF DELRAY BEACH, 

LLC. (“Defendant," and collectively, the "Parties"), by and through their respective undersigned 

counsel, hereby move for the Court's approval and entry of the attached Consent Decree.1

1. Plaintiff filed the instant cause of action alleging that the property at issue owned 

and/or operated by Defendant violated Title III of the Americans with Disabilities Act, 42 U.S.C. 

§ 12181 et seq. ("Title III").

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 subject property 

at issue, and otherwise meets the purposes of Title III of the ADA. The Parties further agree that, 

upon completion of the modifications specified in the Consent Decree, all currently readily 

 1 This Renewed Motion corrects the error made by the filer when uploading D.E. 16 and is filed 

pursuant to D.E. 17. 

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achievable alterations to the subject property have been made and that the subject property at the 

time of the execution of this Consent Decree are otherwise in compliance with the readily 

achievable requirements of the ADA, ADAAG, and FACBC. 

4. In accordance therewith, the Parties respectfully request that the Court review, 

approve, and ratify the Consent Decree. Additionally, the Parties request the Court retain 

jurisdiction to enforce the Consent Decree. See Anago Franchising, Inc. v. Shaz, LLC., 677 F.3d 

1272, 1280 (11th Cir. 2012). 

WHEREFORE, the Parties respectfully request that the Court grant this Renewed Motion, 

enter an order (a) approving and entering the attached Consent Decree; and (b) retaining 

jurisdiction to enforce the Consent Decree and grant such other relief as this Court deems just and 

proper.

By: /s/ Gregory S. Sconzo 

Gregory S. Sconzo, Esq. 

Florida Bar No.: 0105553

Sconzo Law Office, P.A.

3825 PGA Boulevard, Suite 207

Palm Beach Gardens, FL 33410

Telephone: (561) 729-0940

Facsimile: (561) 491-9459

Email: greg@sconzolawoffice.com 

Secondary Email: alexa@sconzolawoffice.com

Attorney for Plaintiff

By: /s/ Lindsay M. Massillon

Lindsay M. Massillon 

Fla. Bar No. 92098 

Email: lmassillon@fowler-white.com 

FOWLER WHITE BURNETT, P.A. 

Brickell Arch, Fourteenth Floor 

1395 Brickell Avenue 

Miami, Florida 33131 

Telephone: (305) 789-9200 

Facsimile: (305) 789-9201 

Counsel for Tin Roof Delray Beach, LLC 

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CERTIFICATE OF SERVICE

I hereby certify that on December 11, 2020, the foregoing document was electronically 

filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is 

being served this day on all counsel of record on the attached Service List in the manner specified, 

either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other 

authorized manner for those counsel or parties who are not authorized to receive electronically 

Notices of Electronic Filing.

s/ Lindsay M. Massillon

Lindsay M. Massillon

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