Deutsh v. Richard Watson Insurance Agency, Inc. ( 2016 )

Case: 15-51168 Document: 00513505181 Page: 1 Date Filed: 05/13/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-51168 United States Court of Appeals
Summary Calendar Fifth Circuit
FILED
May 13, 2016
JOHN DEUTSH, Lyle W. Cayce
Clerk
Plaintiff - Appellant
v.
RICHARD WATSON INSURANCE AGENCY, INCORPORATED,
Defendant - Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC 1:15-CV-413
Before WIENER, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM:*
John Deutsh, who uses a wheelchair for mobility, alleges that he tried to
visit Richard Watson Insurance Company’s place of business, but was unable
to do so because there was no wheelchair accessible parking or ramp. He then
brought this lawsuit against the company for violating accessibility
requirements under Title III of the American Disabilities Act. After the
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 15-51168 Document: 00513505181 Page: 2 Date Filed: 05/13/2016
No. 15-51168
insurance company failed to respond to Deutsh’s suit, Deutsh filed a motion for
entry of default judgment. The district court denied the motion—without
prejudice—because it determined that Deutsh had not shown he was entitled
to injunctive relief, which is the only relief available to him under the statute.
42 U.S.C.A. § 12188; Perez v. Doctors Hosp. at Renaissance, Ltd., 624 F. App’x
180, 183 (5th Cir. 2015) (per curiam).
This court is required to determine the basis for jurisdiction, even when
the parties have failed to do so. Muse v. Aranda, 263 F.3d 164, at *1 (5th Cir.
2001) (per curiam). We lack jurisdiction to review the denial of Deutsh’s
motion for the entry of default judgment. See Adult Film Ass’n of Am., Inc. v.
Thetford, 776 F.2d 113, 115 (5th Cir. 1985) (per curiam) (holding that a denial
of a default judgment without final judgment on the merits is not an appealable
final order); Muse, 263 F.3d at *1 (the same). This case is still live in district
court, however, and Deutsh may file another motion for default judgment
explaining why he is entitled to injunctive relief under the statute.
The appeal is therefore DISMISSED FOR LACK OF JURISDICTION.
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