Whitaker v. Sheikh ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN WHITAKER, No. 2:21–cv–0493–KJM–KJN PS 12 Plaintiff, ORDER 13 v. (ECF Nos. 19, 23) 14 ZAFAR SHEIKH d/b/a Sheikh Jeweler, 15 Defendant. 16 17 On April 28, 2022, the magistrate judge filed findings and recommendations (ECF 18 No. 23), 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. No objections were 20 filed. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 ///// 28 ///// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 23) are ADOPTED IN FULL; 3 2. Plaintiffs motion for default judgment (ECF No. 19) is GRANTED; 4 3. Judgment is entered in plaintiffs favor and against defendant; 5 4. Plaintiff is awarded statutory damages in the amount of $4,000.00; 6 5. Plaintiff is awarded attorneys’ fees, litigation expenses, and costs in the amount of 7 $1,789.50; 8 6. Plaintiff is granted an injunction requiring defendant to provide an accessible 9 transaction counter at the business establishment named Sheikh Jewelers, located at 1151 10 Galleria Blvd., Roseville, California, in compliance with the ADA and the ADA 11 Accessibility Guidelines; and 12 7. The Clerk of Court is directed to close this case. 13 | DATED: September 20, 2022. 14 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28