Sceper v Mohammed et al, No. 2:2009cv02878 - Document 14 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/12/2010 ORDERING that the 1/14/ hearing is VACATED; and RECOMMENDING that pltf's 12 motion for entry of default judgment be GRANTED and that judgment be awar ded against dfts Mohammed and Farmers Mini Market in the amount of $8,000. Further, that injunctive relief be granted against dft Mohammed requiring a properly-configured van accessible disabled parking space with an accessible route to an acces sible entrance and appropriate signage in conformity with the ADA, Accessibility Guidelines as set forth in 28 Code of Federal Regulations, Part 36. Referred to Judge Garland E. Burrell, Jr.; Objections due 14 days after being served with these F & R's. (Reader, L)

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Sceper v Mohammed et al Doc. 14 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 DUANE H. SCEPER, 12 Plaintiff, No. 2:09-cv-2878 GEB JFM vs. 13 14 15 RASHED KAID MOHAMMED, RASHED KAID MOHAMMED, dba FARMERS MINI MARKET, FARMER MINI MARKET AKA FARMERS MARKET; and DOES 1 THROUGH 10, ORDER AND 16 Defendants. 17 18 FINDINGS AND RECOMMENDATIONS / Presently calendared for hearing on January 14, 2010 is plaintiff’s motion for 19 entry of default judgment. Pursuant to Local Rule 230(g), the court has determined that the 20 matter will be submitted on the papers without oral argument. Upon review of the motion and 21 the documents in support and opposition, and good cause appearing therefor, THE COURT 22 MAKES THE FOLLOWING FINDINGS: 23 The complaint in this matter was served upon defendants Mohammed and 24 Farmers Mini Market on October 25, 2009, and proof of service was filed November 15, 2009. 25 Cf. Pacific Atlantic Trading Co. v. M/V Main Express, 758 F.2d 1325, 1331 (9th Cir. 1985) 26 (noting that default judgment void without personal jurisdiction). The Clerk of the Court entered 1 Dockets.Justia.com 1 default against both defendants on November 18, 2009. Plaintiff’s present motion for entry of 2 default judgment was served by mail on both defendants. 3 Entry of default effects an admission of all well-pleaded allegations of the 4 complaint by the defaulted party. Geddes v. United Financial Group, 559 F.2d 557, 560 (9th Cir. 5 1977). Entry of default judgment is proper where, as in the present case, the facts established by 6 the default support the causes of action pled in the complaint. The complaint and the affidavits 7 filed in support of the motion for entry of default judgment also support the finding that plaintiff 8 is entitled to the relief requested in the prayer for default judgment, which does not differ in kind 9 from the relief requested in the complaint. Henry v. Sneiders, 490 F.2d 315, 317 & n.2 (9th Cir. 10 1974). There are no policy considerations to preclude the entry of default judgment of the type 11 requested. See Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (enumerating factors to 12 be considered). 13 14 15 Accordingly, IT IS HEREBY ORDERED that the January 14, 2010 hearing is vacated; and IT IS HEREBY RECOMMENDED that plaintiff's December 11, 2009 motion for 16 entry of default judgment (Doc. No. 12) be GRANTED and that judgment be awarded against 17 defendants Mohammed and Farmers Mini Market in the amount of $8,000.00. Further, that 18 injunctive relief be granted against defendant Mohammed requiring a properly-configured van 19 accessible disabled parking space with an accessible route to an accessible entrance and 20 appropriate signage in conformity with the Americans with Disabilities Act Accessibility 21 Guidelines (ADAAG) as set forth in 28 Code of Federal Regulations, Part 36. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 24 fourteen days after being served with these findings and recommendations, any party may file 25 written objections with the court and serve a copy on all parties. Such a document should be 26 captioned "Objections to Magistrate Judge's Findings and Recommendations." The parties are 2 1 advised that failure to file objections within the specified time may waive the right to appeal the 2 District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: January 12, 2010. 4 5 6 7 8 9 10 11 014.scep2878.def 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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