Gilbert v. Rashid ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, No. 1:22-cv-00674-JAM-KJN 12 Plaintiff, ORDER 13 v. 14 HAROON AL RASHID, individually and dba RAHMAN GAS AND MARKET aka 15 TRIPLE R GASOLINE, 16 Defendant. 17 18 On September 12, 2023, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. No objections were filed. 21 Accordingly, the court presumes that any findings of fact are correct. See Orand v. 22 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). 25 The court has reviewed the applicable legal standards and, good cause appearing, 26 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 27 Accordingly, IT IS ORDERED that: 28 1 1. The Proposed Findings and Recommendations filed September 12, 2023, are 2 ADOPTED; 3 2. Plaintiff’s Motion for Default Judgment (Doc. No. 9) is GRANTED in part as 4 follows: 5 a. Judgment is entered in Plaintiff’s favor and against Defendants; 6 b. The district court DECLINES to award Plaintiff statutory damages in the 7 amount of $4,000.00; 8 c. Plaintiff is AWARDED attorney’s fees, litigation expenses and costs in the 9 amount of $3,074.23; and 10 d. Defendants are required within sixty (60) days of the district court’s order to 11 (1) properly configure a curb ramp at the Facility affording an accessible route 12 crossing the curb to the Facility entrance as required by 2010 ADAAG § 406; 13 and (2) provide a level and clear entrance at the Facility as required by 2010 14 ADAAG § 404.2.4.4. 15 Dated: October 02, 2023 /s/ John A. Mendez 16 THE HONORABLE JOHN A. MENDEZ 17 SENIOR UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28