Levine et al v. Sleep Train, Inc. et al, No. 2:2015cv00002 - Document 54 (E.D. Cal. 2015)
Court Description: ORDER signed by Senior Judge William B. Shubb on 11/13/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/14/15 52 are ADOPTED in part; Plantiffs' MOTION for Default Judgment 43 is DENIED without prejudice. (Mena-Sanchez, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 ROBERT LEVINE and VERONICA GUZMAN, CIV. NO. 2:15-00002 WBS AC Plaintiffs, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER v. THE SLEEP TRAIN, INC.; LIVE NATION ENTERTAINMENT, INC.; COASTAL BREEZE LIMOUSINE, LLC; BGE YUBA, LLC; and DOES 1-20, inclusive, Defendants. ----oo0oo---Plaintiffs Robert Levine and Veronica Guzman brought this action under the American with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., and California’s Unruh Civil Rights Act (“UCRA”), Cal. Civ. Code §§ 51-53. On September 14, 2015, plaintiffs filed a motion for default judgment against defendant Coastal Breeze Limousine, LLC. (Docket No. 43.) The matter was referred to a United States Magistrate Judge pursuant 28 1 1 to Eastern District of California local rules. 2 On October 14, 2015, the Magistrate Judge filed 3 findings and recommendations (“F&R”) that were served on the 4 parties and contained notice that the parties may file objections 5 within a specified time. 6 to the Magistrate Judge’s finding that plaintiff Victoria Guzman 7 does not have standing to sue because of her association with 8 disabled plaintiff Robert Levine, her fiancée. 9 (Docket No. 52.) Plaintiffs objected (Docket No. 53.) The court has reviewed the file and will accept in part 10 the Magistrate Judge’s F&R. 11 Judge’s finding that plaintiffs failed to sufficiently allege a 12 violation of the ADA or UCRA by Coastal Breeze Limousine and, as 13 a result, the motion for a default judgment must be denied. 14 (Docket No. 52 at 4-5.) 15 full and equal enjoyment of the Sleep Train Amphitheatre because 16 there were an insufficient number of disabled parking spaces; 17 however, they fail to allege how Coastal Breeze Limousine is 18 liable given that it is not the owner of the place of public 19 accommodation to which plaintiffs were allegedly denied access. 20 The court accordingly does not need to reach the Magistrate 21 Judge’s alternative finding that plaintiffs’ motion should be 22 denied because plaintiff Victoria Guzman does not have standing 23 to sue. 24 25 26 27 28 The court accepts the Magistrate Plaintiffs allege that they were denied Accordingly, it is THEREFORE ORDERED that: 1. The findings and recommendations filed October 14, 2015, are adopted in part; 2. Plaintiffs’ motion for default judgment (Docket No. 43) is denied without prejudice. 2 1 Dated: November 13, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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