Gilbert v. Modesto Group Inc. et al, No. 1:2021cv01683 - Document 16 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 14 Findings and Recommendations Regarding Plaintiff's 10 Motion for Default Judgment, signed by District Judge Anthony W. Ishii on 6/10/2022. CASE CLOSED. (Marrujo, C)
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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 DARREN GILBERT, 9 10 11 12 13 Plaintiff, v. MODESTO GROUP INC. dba McHENRY CIRCLE K; SHYAM CHOUDHARY; NEETA CHOUDHARY, Case No. 1:21-cv-01683-AWI-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT (Docs. 10, 14) Defendants. 14 15 On November 19, 2021, Plaintiff Darren Gilbert initiated this action pursuant to the 16 Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12181 et seq., California’s Unruh 17 Civil Rights Act, California Civil Code § 51, and the California Health and Safety Code, against 18 Defendants Modesto Group Inc. dba McHenry Circle K, Shyam Choudhary and Neeta Choudhary 19 (collectively “Defendants”). (Doc. 1.) The Clerk of the Court entered Defendants’ default on 20 January 4, 2022. (Doc. 8.) 21 On March 24, 2022, the assigned magistrate judge issued findings and recommendations 22 that Plaintiff’s motion for default judgment be granted in part. (Doc. 14.) Those findings and 23 recommendations were served on the parties and contained notice that any objections thereto 24 were to be filed within fourteen (14) days after service. (Id.; see also Doc. 15.) The time for 25 filing objections has passed and no objections have been filed. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 28 and recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued on March 24, 2022 (Doc. 14) are adopted in 3 full; 4 2. Plaintiff's motion for default judgment is granted in part; 5 3. Defendants are found and declared to be in violation of Title III of the Americans with 6 7 Disabilities Act and the California Unruh Civil Rights Act; 4. Defendants are ordered to make the following modifications to the facility known as 8 McHenry Circle K, located at 3459 McHenry Avenue in Modesto, California, such 9 that each item is brought into compliance with the accessibility requirements of the 10 Americans with Disabilities Act and California Code of Regulations, Title 24, as 11 follows: 12 a. Provide a properly configured and identified accessible parking stall; and 13 b. Provide and maintain proper clear width of the merchandise aisles. 14 15 16 17 18 5. Judgment is entered in Plaintiff's favor and against Defendants in the amount of $6,888.18, consisting of: a. Statutory damages awarded to Plaintiff under the Unruh Act in the amount of $4,000.00; b. Attorney’s fees and costs awarded to Plaintiff in the amount of $2,888.18 19 (attorney's fees in the amount of $1,710.00 (5.7 hours at $300 per hour), 20 paralegal fees in the amount of $391.00 (3.4 hours at $115.00 per hour), and 21 costs of suit in the amount of 787.18); and 22 6. The Clerk of the Court is directed to close this case. 23 24 25 IT IS SO ORDERED. Dated: June 10, 2022 SENIOR DISTRICT JUDGE 26 27 28 2
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