United States District Court

for the

Southern District of Florida

Howard Michael Caplan, Plaintiff,

v.

Kay Kay Auto Repair, Inc., and 

others, Defendants.

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Civil Action No. 22-61656-Civ-Scola

Default Judgment

The Plaintiff has moved for a default judgment against Defendant Kay 

Kay Auto Repair, Inc. (“Kay Kay”), consistent with Federal Rule of Civil 

Procedure 55(b)(2). Previously, the Clerk of the Court entered a default under 

Rule 55(a). A “defendant, by his default, admits the plaintiff’s well-pleaded 

allegations of fact,” as set forth in the operative complaint.” Eagle Hosp. 

Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 2009).

The complaint pleads claims for violation of the Americans with 

Disabilities Act (“ADA”). A plaintiff alleging Title III ADA discrimination must 

allege that (1) he is a disabled individual; (2) the defendant owns, leases, or 

operates a place of public accommodation; and (3) the defendant discriminated 

against the plaintiff within the meaning of the ADA. 42 U.S.C. § 12182(a).

The complaint alleges that the Plaintiff suffers from a qualified disability 

and requires the use of a mobility aid. (Compl., ECF No. 1, ¶ 3.) It pleads that 

the Defendant owns, leases and/or operates a place of public accommodation 

(Id. ¶ 5, 10.) The complaint details various physical barriers that preclude or 

limit the Plaintiff’s ability to access the full and equal enjoyment of the 

Defendant’s property (Id. ¶ 15.) It further alleges that the Defendant 

discriminated against the Plaintiff (Id. ¶¶ 13, 15.) And it alleges that the 

removal of the barriers at the property is readily achievable (Id. ¶¶ 11, 17.) The 

Plaintiff finally alleges that he intends to return to Defendant’s facility within 

the next six months to avail himself of the goods and services made available at 

the facility and to determine whether the facility has become ADA compliant. 

(Id. ¶ 13.)

The Plaintiff moves for the entry of injunctive relief as part of the default 

judgment. The Court may grant that relief. See, e.g., Abercrombie & Fitch 

Trading Co. v. Abercrombieclassic.com, No. 15-62579-CIV, 2016 WL 3369529, 

at *8 (S.D. Fla. Apr. 12, 2016) (Altonaga, C.J.) (granting permanent injunctive 

relief on entry of default judgment). The Plaintiff has filed an ADA inspection 

report detailing the areas of noncompliance on Defendant Kay Kay’s property, 

Case 0:22-cv-61656-RNS Document 21 Entered on FLSD Docket 10/31/2022 Page 1 of 3
located at 16 SE 9th Street, Deerfield Beach, FL 33069, in support of his 

request for injunctive relief. (ECF No. 20-1.)

Upon review of the record, the Plaintiff’s motion for default judgment, 

and supporting submissions, the Court hereby ORDERS AND ADJUDGES that 

the Plaintiff’s motion for default judgment (ECF No. 20) is granted, under the 

terms set forth below: 

1. Final Default Judgment is hereby entered in favor of the Plaintiff 

and against Defendant Kay Kay Auto Repair, Inc., for which let enter judgment; 

2. The Plaintiff is entitled to reasonable attorney’s fees and costs 

pursuant to 42 U.S.C. §12205 and 12217, upon proper motion to be filed not 

later than November 11, 2022; 

3. Defendant Kay Kay is ordered to remove the following 

discriminatory ADA violations existing at the facility located at 16 SE 9th 

Street, Deerfield Beach, FL 33069, within one hundred twenty (120) of the date 

of this Order: 

a) The customer parking facility in front of the auto repair shop does not 

provide a compliant accessible parking space. 2012 ADA Standards 

502.1;

b) The parking facility does not have the minimum number of accessible 

parking spaces required. 2012 ADA Standards 208.2;

c) The business has customer parking in front of the main entrance. One 

(1) compliant accessible parking space with adjacent access aisle is 

required. 2012 ADA Standards 208.2;

d) If a total of 4 or fewer parking spaces (inaccessible and accessible) are 

provided on a site, the required accessible space does not have to be 

identified by a sign (i.e., reserved exclusively for use of people with 

disabilities) (§216.5, Ex. 1). However, all other requirements for spaces, 

including access aisles, still apply. 2012 ADA Standards 216.5;

e) Existing facility does not provide a compliant accessible route to the auto 

repair office from any site arrival point. 2012 ADA Standards 206.2, 208, 

401.1;

f) There is no compliant access aisle attached to an accessible route serving 

any existing parking space which would allow safe entrance or exit of 

vehicle for accessible persons requiring mobility devices. 2012 ADA 

Standards 502.2;

g) There is currently no existing accessible route to help persons with 

disabilities enter the facility or safely maneuver through the parking 

area. At least one accessible route must be provided within the site from 

accessible parking spaces and accessible passenger loading zones; public 

streets and sidewalks; and public transportation stops to the accessible 

building or facility entrance they serve. 2012 ADA Standards 206.2.1;

h) The main customer entrance is non-compliant. There is a step up from 

the parking lot up to the main office door threshold exceeding the 

maximum rise allowed. Changes in level of 1/4 inch high maximum are 

permitted to be vertical. 2012 ADA Standards 302.2;

Case 0:22-cv-61656-RNS Document 21 Entered on FLSD Docket 10/31/2022 Page 2 of 3
i) The main customer entrance door has non-compliant knob-type door 

hardware. Operable parts must be operable with one hand and not 

require tight grasping, pinching, or twisting of the wrist. 2012 ADA 

Standards 309.4;

j) The facility does not provide compliant directional and informational 

signage to an accessible route which would lead to an accessible 

entrance. Where not all entrances comply, compliant entrances must be 

identified by the International Symbol of Accessibility. Directional signs 

that indicate the location of the nearest compliant entrance must be 

provided at entrances that do not comply. 2012 ADA Standards 216.6.

The Court will separately enter final judgment pursuant to Federal Rule 

of Civil Procedure 58. The Defendant’s last known address is Kay Kay Auto 

Repair, Inc., c/o Registered Agent: Magalhaes, Dione Aparecido S., 3930 

Crystal Lake Dr #312, Pompano Beach, FL 33064. This matter shall remain 

open because the Plaintiff continues to assert claims against the other 

Defendants. 

Done and ordered in Miami, Florida, on October 28, 2022.

________________________________

Robert N. Scola, Jr.

United States District Judge

Copy via U.S. Mail to:

Kay Kay Auto Repair, Inc.

c/o Registered Agent:

Magalhaes, Dione Aparecido S.

3930 Crystal Lake Dr #312

Pompano Beach, FL 3306

Case 0:22-cv-61656-RNS Document 21 Entered on FLSD Docket 10/31/2022 Page 3 of 3