OPINION AND ORDER1

SHERI POLSTER CHAPPELL, District Judge.

This matter comes before the Court on Plaintiff Patricia Kennedy's Motion for Summary Judgment (Doc. 43) filed on May 3, 2017. Defendants Three J's LLP, T.T. Kwan, Inc., and LJ Ft. Myers, LLC filed a Response (Doc. 45) on May 17, 2017. In addition, the Court heard from all parties at a status conference on June 6, 2017. This matter is ripe for review.

BACKGROUND

This is an Americans with Disabilities Act ("ADA") case. (Doc. 1). Kennedy alleges that Defendants denied her access to their property because of multiple ADA violations. (Doc. 1). Defendants do not dispute Kennedy's statement of facts. (Doc. 45). In fact, Defendants "request that this Court grant [Kennedy's] Motion for Summary Judgment" but "reserve ruling on the issue of entitlement to attorney's fees" (Doc. 45 at 5).

Because Defendants concede Kennedy's claim for summary judgment, only a brief statement of undisputed facts is necessary. Kennedy is a disabled "tester" who visits public locations to determine if they comply with the ADA. (Doc. 43-1 at ¶¶ 3-5). Kennedy visited the Villas Plaza, a place of public accommodation, in Fort Myers, Florida. (Doc. 43-1 at ¶ 5). Defendants own, lease, lease to, or operate places of public accommodation at the Villas Plaza. (Docs. 1 at ¶ 5-8; 24 at ¶ 5-8). While on the premises, Kennedy encountered numerous violations of the ADA. (Doc. 43-1 at ¶ 5). Kennedy plans to return to the Villas Plaza. (Doc. 43-1 at ¶¶ 9-10).

Both parties hired ADA experts. And, neither side contests the violations the experts found. (Docs. 43-2; 43-3; 45). These violations are memorialized in the parties' consent decree. (Doc. 53-1). Kennedy now moves the Court to enter judgment in her favor, order Defendants to bring their property into compliance with the ADA, and award her attorney's fees and litigation expenses. (Doc. 43).

LEGAL STANDARD

To obtain summary judgment, a party must show that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law" Fed. R. Civ. P. 56(a).2 A fact is material if it might impact the outcome of the case under the applicable law. See Hickson Corp. v. N. Crossarm Co., Inc., 357 F.3d 1256, 1259 (11th Cir. 2004). An issue is genuine if a rational trier of fact could find for the nonmoving party. See id. The moving party bears the burden to establish the basis for its motion. See Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). All justifiable inferences are to be drawn in favor of the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). When a summary judgment motion is unopposed, the court cannot enter judgment simply because the motion is unopposed but must consider the merits of the motion. United States v. One Piece of Real Prop. Located at 5800 SW 74th Ave., Miami, Fla., 363 F.3d 1099, 1101 (11th Cir. 2004). A district court must ensure that the motion is supported by evidentiary materials. Id.

DISCUSSION

The ADA is a comprehensive law that prohibits discrimination based on disability. Title III prohibits discrimination of disabled individuals in places of public accommodation. In particular, it provides

Here, Kennedy is disabled as defined under the ADA. (Doc. 43-1 at ¶ 3). Defendants own, lease, lease to, or operate places of "public accommodation" (Docs. 1 at 5-8; 24 at ¶ 5-8). Kennedy was denied "full and equal treatment" because of various ADA violations she encountered at Villas Plaza. (Doc. 43-1 at ¶ 5). And, the parties agree on the barriers in question and Defendants' ability to alter or fix the barriers.3 (Doc. 53-1). Based on the evidence before the Court and the parties' positions, Kennedy is entitled to summary judgment. But, the Court reserves ruling on all issues related to attorney's fees.

Accordingly, it is now

ORDERED: