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Woods v. Kasztl Walsh LLC

Vague, Conclusory Statements About Property's Visit Do Not Support Article III Standing

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On May 18, 2022, Plaintiff Travis Woods brought this action against Defendants Kasztl Walsh, LLC and PF Michael Walsh, LLC, asserting claims under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12181 et seq., the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §290 et seq., and the New York State Civil Rights Law (“NYSCRL”), N.Y. Civ. Rights Law §40 et seq. (Dkt. No. 1). Defendants have not answered the complaint, nor have they otherwise appeared in this action. (See Dkt. Nos. 4-5, 8). Presently before the Court is Plaintiff’s motion under Federal Rule of Civil Procedure 55(b) for a default judgment against Defendants. (Dkt. No. 11). Plaintiff seeks declaratory and injunctive relief, compensatory damages, statutory damages, attorneys’ fees, and costs.1 (Id.). For the reasons that follow, Plaintiff’s complaint is dismissed without prejudice and the motion for default judgment is denied as moot. II. FACTS2 Plaintiff has paraplegia stemming from a spinal cord injury and is unable to walk, stand, or use his legs without assistance. (Dkt. No. 1,

5, 6). Accordingly, Plaintiff “require[s] a wheelchair for mobility.” (Dkt. No. 11-3, 3). Defendants are “the owners and/or lessors” of the Michael Walsh Apartments (“the Property”).3 (Dkt. No. 1,

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