Block v. Salem ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HENDRIK BLOCK, No. 1:22-cv-1596 JLT BAM 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING IN 13 v. PART PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT, AND DIRECTING 14 MOHAMED NASSER SALEM, THE CLERK OF COURT TO CLOSE THIS individually and dba QUICK MART, CASE 15 Defendant. (Docs. 14, 18) 16 17 Hendrik Block seeks default judgment against Mohamed Nasser Salem, individually and 18 dba Quick Mart, for violating Title III of the Americans with Disabilities Act. (Doc. 14.) The 19 magistrate judge found default judgment was appropriate for Plaintiff’s claim arising under the 20 ADA, and recommended the requested injunctive relief be granted. (Doc. 18 at 4-9.) In addition, 21 the magistrate judge found an award of fees and costs was appropriate, and recommended 22 Plaintiff be awarded attorneys’ fees in the modified amount of $1784.000 and litigation costs in 23 the amount of $804.26, for a total award of $2,588.26. (Id. at 9-12.) 24 The Findings and Recommendations were served on Plaintiff on July 17, 2023; and 25 Plaintiff served Defendant by mail on November 13, 2023. (Doc. 20 at 1-2.) The parties were 26 informed any objections were due within 14 days of the date of service. (Doc. 18 at 12-13.) In 27 addition, the Court advised the parties that the failure to file objections within the specified time 28 may result in the waiver of rights on appeal. (Id. at 13, citing Wilkerson v. Wheeler, 772 F.3d 834, 1 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Given the delay 2 in service, any objections from Defendant were due no later than November 30, 2023. Neither 3 party filed objections, and the deadline to do so expired. 4 According to 28 U.S.C. § 636 (b)(1)(c), this Court performed a de novo review of the 5 case. Having carefully reviewed the entire matter, the Court concludes the Findings and 6 Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The findings and recommendations issued on July 17, 2023 (Doc. 18) are 8 ADOPTED in full. 9 2. Plaintiff’s motion for default judgment is GRANTED. 10 3. Defendant is found and declared to be in violation of Title III of the Americans 11 with Disabilities Act. 12 4. Judgment SHALL be entered in favor of Plaintiff and against Defendant. 13 5. Plaintiff’s request for fees, costs, and litigation expenses is GRANTED IN PART, 14 in the modified amount of $2,588.26. 15 6. Plaintiff’s request for injunctive relief is GRANTED. 16 7. Defendant is ORDERED to make the following modifications to the facility 17 known as Quick Mart, located at 2329 North First Street in Fresno, California 18 93703, such that the property is brought into compliance with the accessibility 19 requirements of the Americans with Disabilities Act as follows: 20 a. Provide a properly configured and identified accessible parking stall. 21 b. Provide a properly configured accessible route of travel from the designated 22 accessible parking stall to the Facility entrance. 23 c. Provide and maintain proper clear width and level surface of the routes of 24 travel through the aisles inside of the Facility. 25 d. Provide a properly configured accessible portion of the transaction counter [or 26 auxiliary surface]. 27 /// 28 /// 1 8. The Clerk of Court is directed to close this case. 2 3 IT IS SO ORDERED. 4 Dated: _ December 7, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28