Judge Strikes ADA Settlement Because Defense Counsel Not Admitted in Fla.
U.S. District Judge Aileen Cannon for South Florida in Miami issued a paperless order Wednesday (docket 9:22-cv-81838) striking Tuesday’s joint notice of settlement between plaintiff Nelson Fernandez and Zale Delaware of Fernandez’s Nov. 23 complaint alleging the jewelry store chain’s…
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website is inaccessible to the blind and visually impaired, in violation of the Americans With Disabilities Act. Zale’s defense counsel, George Stevens of Vorys Sater in Ohio, isn't authorized to practice in Florida, thereby nullifying the joint notice. Cannon ordered the parties to file a renewed notice of settlement by Tuesday bearing the signatures of both counsel authorized to appear before the court. Alternatively, plaintiff Fernandez can file a voluntary notice of dismissal, said the judge.