Gilbert v. Alsamiri ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, Case No. 1:22-cv-0481 JLT HBK 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING 13 v. PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT IN PART, AND DIRECTING 14 ABDO M. ALSAMIRI and TALAL A. THE CLERK OF COURT TO CLOSE THIS OBAID, dba Obaid Smoke Shop Plus, CASE 15 Defendants. (Docs. 9, 14) 16 17 Darren Gilbert seeks default judgment against Abdo M. Alsamiri and Talal A. Obaid, 18 doing business as Obaid Smoke Shop Plus, violations of the Americans with Disabilities Act of 19 the California Unruh Act, and California Health & Safety Code §§ 19955, 19959. (Doc. 9.) 20 The magistrate judge recommended Plaintiff’s motion for default judgment be granted in 21 part. (Doc. 14.) The magistrate judge observed that after the filing of the pending motion, the 22 Court declined to exercise supplemental jurisdiction over the claims arising under California law 23 and dismissing the claims without prejudice. (Id. at 7, 9-10; see also Doc. 13.) Therefore, the 24 magistrate judge recommended default judgment be denied as to the claims under the Unruh Act 25 and Cal. Health & Safety Code §§ 19955, 19959. (Id. at 12.) However, the magistrate judge 26 found default judgment was appropriate for Plaintiff’s claim arising under the ADA, and Plaintiff 27 was entitled to the requested injunctive relief. (Id. at 5-9.) The magistrate judge recommended 28 the motion be granted as to the ADA claim, and Defendant be directed “to properly configure a 1 van-accessible parking stall at the Facility with an access aisle at least be 96 inches wide with 96- 2 inch access aisle or 132 inches wide with 60-inch access aisle as required by 2010 ADAAG §§ 3 502.2, 502.3.” (Id. at 12.) In addition, the magistrate judge recommended Plaintiff be awarded 4 attorneys fees in the amount of 1,957.50 and litigation expenses and costs in the amount of 5 $1,025.78, for a total of $2,983.28. (Id. at 11, 12.) 6 The Findings and Recommendations were served on Plaintiff on September 11, 2023, and 7 Plaintiff mailed a copy to Defendants on the same date. (Doc. 15.) The Court informed the 8 parties that any objections must be filed within 14 days of the date of serve. (Doc. 14 at 12.) In 9 addition, the parties were informed “the failure to file objections within the specified time may 10 result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 11 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No objections were 12 filed, and the time to do so has expired. 13 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 14 Having carefully reviewed the entire matter, the Court concludes the Findings and 15 Recommendations are supported by the record and by proper analysis. Thus, the Court 16 ORDERS: 17 1. The Findings and Recommendation filed on September 11, 2023 (Doc. 14) are 18 ADOPTED in full. 19 2. Plaintiff’s motion for default judgment (Doc. 9) is GRANTED IN PART. 20 3. Judgment SHALL be entered in favor of Plaintiff and against Defendants. 21 4. Plaintiff’s request for statutory damages under California’s Unruh Act is 22 DENIED. 23 5. Plaintiff’s request for fees, costs, and expenses is GRANTED in the total amount 24 of $2,983.28. 25 6. Plaintiff’s request for injunctive relief under the ADA is GRANTED. 26 7. Within sixty days, Defendants SHALL properly configure a van-accessible 27 parking stall at the Facility with an access aisle at least be 96 inches wide with 96- 28 inch access aisle, or 132 inches wide with 60-inch access aisle, as required by 1 2010 ADAAG §§ 502.2, 502.3. 2 8. The Clerk of Court shall terminate any pending motions and close this case. 3 4 IT IS SO ORDERED. 5 | Dated: _ September 27, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28