1

COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 9:22-cv-81751-WPD

DANIEL LUGO,

Plaintiff,

v.

MANAGER 205 LLC, 

Defendant.

__________________________________/

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW Defendant, MANAGER 205 LLC, by and through its undersigned 

attorneys, and hereby files its Answer and Affirmative Defenses to Plaintiff, DANIEL LUGO’s 

Complaint, and in support thereof states as follows: 

JURISDICTION

1. Defendant admits that the Court has subject-matter jurisdiction but denies the 

remaining allegation contained in paragraph 1 of the Complaint.

VENUE

2. Defendants admit that venue is proper but denies the remaining allegations 

contained in paragraph 2 of the Complaint.

PARTIES

3. Without knowledge, therefore denied.

4. Admit.

CLAIM FOR INJUNCTIVE RELIEF PURSUANT TO THE ADA

Case 9:22-cv-81751-WPD Document 7 Entered on FLSD Docket 01/05/2023 Page 1 of 4
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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX

5. The allegations set forth in paragraph 5 of the Complaint are legal conclusions that 

do not call for a response, and accordingly, are denied. 

6. The allegations set forth in paragraph 6 of the Complaint are legal conclusions that 

do not call for a response, and accordingly, are denied.

7. The allegations set forth in paragraph 7 of the Complaint are legal conclusions that 

do not call for a response, and accordingly, are denied.

8. Defendant admits The Blanc is a place of public accommodation but denies the 

remaining allegations.

9. Denied.

10. Without knowledge, therefore denied.

11. Denied.

12. Denied.

13. Denied.

14. Denied.

15. While the Court has the authority to grant an injunction, the Defendant denies 

entitlement to the same.

AFFIRMATIVE DEFENSES

1. Defendant affirmatively asserts that Plaintiff has not suffered any actual damages.

2. Defendant affirmatively asserts that Plaintiff’s claims under the Americans with 

Disabilities Act that Defendant failed to reasonably accommodate his “handicap” and/or 

“disability” are barred because the accommodation requested by Plaintiff would cause an undue 

financial and/or administrative burden on Defendant.

Case 9:22-cv-81751-WPD Document 7 Entered on FLSD Docket 01/05/2023 Page 2 of 4
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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX

3. Defendant affirmatively asserts, as to Plaintiff’s claims under the Americans with 

Disabilities Act, that the requested accommodation is not necessary to afford Plaintiff an equal 

opportunity to use and enjoy the subject property.

4. The Defendant affirmatively states that the Plaintiff has demanded modifications 

to the website in question that would cause the Defendant an undue hardship.

5. The Defendant affirmatively states that the Plaintiff sought access to Defendant’s

premises not for the purpose of obtaining the goods and services therein, but as a “tester” of 

compliance with the ADA and for the purposes of gathering evidence for the prosecution of this 

action, and any agreements with his counsel for the payment of attorney’s fees are contrary to 

Florida law and his claim for attorney’s fees should be denied. See Rodriguez v. Investco, LLC, 

305 F. Supp. 2d 1278 (M.D. Fla. 2004).

6. The Defendant affirmatively states that at all times material hereto it has made a 

good faith effort to comply with requirements of the American With Disabilities Act and 

Defendant has reasonable grounds to believe its actions and/or inactions are in compliance with 

all applicable statutes. 

7. Defendant affirmatively asserts that Plaintiff’s claim for injunctive relief is barred 

because Plaintiff has an adequate remedy at law.

8. Defendant affirmatively asserts that Plaintiff was required to mitigate his damages 

and failed to make reasonable efforts to mitigate damages and therefore is not entitled to such in 

this action. 

9. The Defendant specifically reserves the right to amend the Affirmative Defenses 

pled above and to assert additional Affirmative Defenses that become known to it during the course 

of discovery. 

Case 9:22-cv-81751-WPD Document 7 Entered on FLSD Docket 01/05/2023 Page 3 of 4
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COLE, SCOTT & KISSANE, P.A.

ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX

WHEREFORE, the Defendant requests all relief to which it is entitled, including 

attorneys’ fees and costs pursuant to 42 U.S.C. § 12205, and any other relief the Court deems just 

and proper.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that on January 5, 2023, we electronically filed the foregoing 

document with the Clerk of the Court using EM/ECF. We also certify that the foregoing document 

is being served this day on all counsel of record or pro se parties identified 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. 

COLE, SCOTT & KISSANE, P.A.

Attorneys for Defendant

222 Lakeview Ave., Suite 120

West Palm Beach, Florida 33401

Telephone: (561) 383-9203

Facsimile: (561) 683-8977

E-mail: justin.sorel@csklegal.com

Email: loren.ryan@csklegal.com

By: /s/ Justin C .Sorel 

JUSTIN C. SOREL

FBN: 0016256

SERVICE LIST

Drew M. Levitt, Esq.

Lee D. Sarkin, Esq.

4700 N.W. Boca Raton Blvd., Ste. 302

Boca Raton, FL 33431

Telephone (561) 994-6922

drewmlevitt@gmail.com

LSarkin@aol.com

Case 9:22-cv-81751-WPD Document 7 Entered on FLSD Docket 01/05/2023 Page 4 of 4