Gilbert v. Bagga Grandsons Inc ( 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. 2: 22-cv-01300-KJM-KJN 12 Plaintiff, 13 v. ORDER 14 BAGGA GRANDSONS INC., et al., 15 Defendants. 16 17 18 On August 11, 2023, the magistrate judge filed findings and recommendations, which 19 were served on the parties on August 14, 2023, and which contained notice that any objections to 20 the findings and recommendations were to be filed within fourteen (14) days of service. That 21 period having passed, plaintiff has not objected to the findings and recommendations. 22 The court presumes that any findings of fact are correct. See Orand v. United States, 23 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 24 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 25 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 26 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 27 supported by the record and by the proper analysis. 28 ///// ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations (ECF No. 13) are adopted in full; 3 2. Plaintiff's motion for default judgment (ECF No. 10-1) is GRANTED; 4 3. Judgment is entered in plaintiffs favor and against defendants; 5 4. Plaintiff is awarded statutory damages in the amount of $4,000.00; 6 5. Plaintiff is awarded attorneys’ fees and costs in the amount of $3,850.87; 7 6. Plaintiff granted an injunction requiring defendant to provide a properly configured 8 and identified accessible parking stall and adjacent access aisle that is less narrow and 9 van accessible at the property known as Stop & Shop Food Market, located at 10 6007 Dry Creek Road in Rio Linda, California, in compliance with the accessibility 11 requirements of the Americans with Disabilities Act and California Code of 12 Regulations, Title 24; and 13 7. The Clerk of Court is directed to vacate all dates and close this case. 14 | DATED: September 25, 2023. 15 CHIEF ED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28