Hopson v. Singh ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CYNTHIA HOPSON, No. 2:16-cv-03014-TLN-EFB 12 Plaintiff, 13 v. ORDER 14 SUKH C. SINGH, as an individual, and doing business as “Tokay Shell”, and as 15 Trustee for the Sukh C. Singh 2006 Family Trust, PERMINDER K. SINGH, as an 16 individual, and doing business as “TokayShell”, and Trustee for the Sukh C. 17 Singh 2006 Family Trust, and DOES 1-10, inclusive, 18 Defendants. 19 20 Plaintiff’s Motion for Default Judgment was submitted for decision without oral argument 21 by the magistrate judge on February 14, 2019. (ECF No. 15.) The matter was referred to a 22 United States Magistrate Judge pursuant to Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1). 23 On September 11, 2019, the magistrate judge filed findings and recommendations herein 24 which contained notice to the parties that any objections to the findings and recommendations 25 were to be filed within fourteen days. (ECF No. 19.) No objections were filed. 26 Where, as here, neither party contests the proposed findings of fact, the Court presumes 27 they are correct. (See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979).) The magistrate 28 judge’s conclusions of law are reviewed de novo. (See Britt v. Simi Valley Unified School Dist., 1 708 F.2d 452, 454 (9th Cir. 1983).) Having reviewed the file, the Court finds the findings and 2 recommendations to be supported by the record and by the magistrate judge’s analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations, filed September 11, 2019 (ECF No. 19), are 5 adopted in full; 6 2. Plaintiff’s Motion for Default Judgment (ECF No. 15) is GRANTED; 7 3. Plaintiff is awarded statutory damages in the amount of $4,000; 8 4. Plaintiff is GRANTED an injunction requiring Defendants Sukh C. Singh and 9 Perminder K. Singh to provide an accessible parking facility in compliance with the Americans 10 with Disabilities Act Accessibility Guidelines; 11 5. Plaintiff is awarded $600 in costs and $2,007.50 in attorney’s fees, for a total award for 12 fees and costs of $2,607.50; and 13 6. The Clerk is directed to close the case. 14 IT IS SO ORDERED. 15 Dated: September 30, 2019 16 17 18 19 20 21 22 23 24 25 26 27 28