Johnson v. Sammy's Restaurant, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT JOHNSON, No. 2:15-cv-147-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 SAMMY”S RESTAURANT, INC., 15 Defendant. 16 17 On October 31, 2023, the magistrate judge filed findings and recommendations (ECF No. 18 67), which were served on the parties, and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. On November 7, 2023, 20 Plaintiff filed objections to the findings and recommendations (ECF No. 68), which the Court 21 reviewed. 22 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 23 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 24 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 25 the file, the Court finds the findings and recommendations to be supported by the record and by 26 the magistrate judge’s analysis. 27 /// 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 67) are ADOPTED IN FULL; 3 2. Plaintiff's motion for default judgment (ECF No. 62) is DENIED; 4 3. Plaintiff’s claim under the Americans with Disabilities Act is DISMISSED as 5 moot; 6 4. The Court DECLINES to exercise supplemental jurisdiction over the remaining 7 state law claims; and 8 5. The Clerk of Court is directed to close this case. 9 Date: December 4, 2023 10 /) “ \/ of bw 12 —ZAN ZN Troy L. Nunley } 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28