Gonzalez v. Royse Services LLC

CourtDistrict Court, M.D. Florida
DecidedJuly 11, 2025
Docket8:24-cv-02014
StatusUnknown

This text of Gonzalez v. Royse Services LLC (Gonzalez v. Royse Services LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez v. Royse Services LLC, (M.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MANUEL JAMES GONZALEZ, as legal guardian of REG, a minor,

Plaintiffs,

v. Case No. 8:24-cv-2014-TPB-LSG

ROYSE SERVICES LLC d/b/a LAVIDA VACATION,

Defendants. /

REPORT AND RECOMMENDATION

The plaintiff Manuel James Gonzalez, as legal guardian of R.E.G., a minor, moves, Doc. 15, under Rule 55(b)(2), Federal Rules of Civil Procedure, and Local Rule 1.10(c), for a default judgment against the defendant Royse Services LLC, doing business as Lavida Vacations. For the reasons explained below, I recommend granting Gonzalez’s motion and entering final default judgment against the defendant. I. BACKGROUND Gonzalez sues Royse Services on behalf of his daughter, R.E.G., a minor child and alleges violations of (1) the Americans with Disability Act, 42 U.S.C. § 12181, et seq. (“ADA”); (2) the federal Fair Housing Act, 42 U.S.C. § 3604 (“FHA”); and (3) the Florida Fair Housing Act, Section 760.20-.37, Florida Statutes. Doc. 1 at 4-6. R.E.G. has autism and requires the use of a service dog. Doc. 1 at ¶¶ 5, 9. R.E.G.’s condition “causes panic attacks and destructive tantrums,” and her service dog “is certified and trained to stop the destructive behavior and prevent panic attacks.”

Doc. 1 at ¶ 9. Royse Services is a Florida limited liability company that operates under the name LaVida Vacations and owns and rents vacation rental properties. Doc. 1 at ¶¶ 6-7. Gonzalez reserved Royse Services’ rental property in Sarasota, Florida through LaVida Vacations’ website for a family trip to Florida. Doc. 1 at ¶¶ 10-11.

When Gonzalez and his family arrived at the rental property, Royse Services’ manager refused to allow R.E.G.’s service dog on the property unless Gonzalez paid a pet deposit. Doc. 1 at ¶ 12. Gonzalez explained to the manager that R.E.G.’s service dog has a service collar and that it is “technically illegal” to require an extra fee for a service animal. Doc. 1-1. Gonzalez also disclosed that his family could not

afford the extra service fee. Doc. 1-1. The manager refused and confirmed to Gonzalez that his family would “have to leave if [they] d[id]n’t pay an extra fee for the service animal[.]” Doc. 1 at ¶ 12. The manager issued a refund and told Gonzalez’s family to leave and find another place that allowed the service dog. Doc. 1 at ¶ 12; Doc. 1-1. Gonzalez sues to enforce Royse Services’ compliance with

the ADA and FHA because he intends to rent from the defendant in the future. Doc. 1 at ¶¶ 16, 18. Gonzalez invokes federal question jurisdiction under 28 U.S.C. § 1331 based on his ADA and FHA claims and asserts supplemental jurisdiction under 28 U.S.C. § 1367 for his Florida Fair Housing Act claim. Doc. 1 at ¶¶ 1, 3. Gonzalez seeks declaratory and injunctive for his ADA claim, as well as actual and punitive damages, attorney’s fees, and costs under Section 760.35, Florida Statutes. Doc. 1 at

2, 7-8. After unsuccessfully attempting to serve Royse Services’ registered agent, Doc. 6, Gonzalez served Royse Services through Florida’s Secretary of State under Rule 4(h), Federal Rules of Civil Procedure, and Section 48.062(4), Florida Statutes. Doc. 9; Doc. 12 at ¶¶ 2-9. Royse Services failed to appear or otherwise defend.

Accordingly, the Clerk entered a default against Royse Services, and Gonzalez moves for a default judgment. Docs. 12-13, 15. A July 2, 2025, order, instructs Gonzalez to file supplemental briefing to demonstrate the timeliness of his claims, by providing the date of Royse Services’ allegedly discriminatory acts, and to clarify his request for compensatory and

punitive damages. Doc. 16. Gonzalez responds and files an affidavit demonstrating that the discriminatory act occurred on July 20, 2024, when Gonzalez and his family arrived at Royse Services’ rental property and the manager told Gonzalez to pay an extra pet service fee of $150.00. Doc. 17 at 2; Doc. 17-1 at ¶¶ 5-6. Gonzalez confirms that neither he nor his daughter suffered damages. Doc. 17-1 at ¶ 7. II. LEGAL STANDARD Rule 55(b) permits a judgment by default if a defendant fails to plead or

otherwise defend. Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1244 (11th Cir. 2015). By defaulting, a defendant admits the plaintiff’s well-pleaded factual allegations. Cotton v. Massachusetts Mut. Life Ins. Co., 402 F.3d 1267, 1278 (11th Cir. 2005). However, a plaintiff “is not held to admit facts that are not well-pleaded or to admit conclusions of law.” Id. (quotation omitted). If a sufficient factual basis exists

for the judgment, a default judgment is warranted. Id.; Quire v. Smith, No. 21-10473, 2021 WL 3238806, at *2 (11th Cir. July 30, 2021) (“Entry of default judgment is warranted only when there is ‘a sufficient basis in the pleadings for the judgment entered.’” (quotation omitted)). The standard for obtaining a default judgment is “akin to that necessary to

survive a motion to dismiss for failure to state a claim.” Surtain, 789 F.3d at 1245. A court must evaluate the complaint to see whether the complaint “contain[s] sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). To satisfy this plausibility standard, a plaintiff

must “plead[] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “[W]hile a defaulted defendant is deemed to admit the plaintiff's well- pleaded allegations of fact, he is not held to admit facts that are not well-pleaded or to admit conclusions of law.” Surtain, 789 F.3d at 1245 (quotation omitted).

III. DISCUSSION A. Subject matter jurisdiction exists in this action.

A federal court must also “determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006); see also Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Federals courts have original jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. The presence of original jurisdiction permits the exercise of supplemental jurisdiction over all other claims “so related . . . that they form part of the same case or controversy under

Article III of the United States Constitution.” 28 U.S.C.

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