Peter Strojnik v. JW World Enterprises, Inc. Best Western Bakersfield North
Filing
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ORDER ADOPTING 22 Findings and Recommendations and Granting 20 Plaintiff's Motion for Default Judgment, signed by District Judge Dale A. Drozd on 06/02/2021. CASE CLOSED.(Maldonado, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PETER STROJNIK, SR.,
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No. 1:19-cv-01096-DAD-JLT
Plaintiff,
v.
JW WORLD ENTERPRISES, INC. BEST
WESTERN BAKERSFIELD NORTH,
Defendant.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
PLAINTIFF’S MOTION FOR DEFAULT
JUDGMENT
(Doc. Nos. 20, 22)
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Plaintiff Peter Strojnik, Sr., filed this suit against defendant JW World Enterprises, Inc.
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Best Western Bakersfield North on August 12, 2019, alleging violations of the Americans with
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Disabilities Act. (Doc. No. 1.) On September 9, 2019, defendant was served with the summons
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and complaint, and the executed summons was filed with the court on December 23, 2019. (Doc.
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Nos. 13, 14.) Defendant did not file an answer, responsive pleading, or otherwise appear in this
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action. On February 21, 2021, plaintiff filed a request for entry of default against defendant (Doc.
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No. 17), and default was entered by the Clerk of Court against defendant (Doc. No. 18). On
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November 16, 2020, plaintiff filed a motion for default judgment. (Doc. No. 20.) This matter
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was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 and Local Rule 302.
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On January 4, 2021, the assigned magistrate judge issued findings and recommendations
recommending that plaintiff’s motion for default judgment be granted. (Doc. No. 22.) The
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findings and recommendations provided that any objections thereto were to be filed within
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fourteen (14) days. (Id. at 13.) To date, no objections have been filed and the time for doing so
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has since expired.
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Accordingly:
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1.
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The findings and recommendations issued on January 4, 2021 (Doc. No. 22) are
adopted in full;
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Plaintiff’s motion for default judgment against defendant JW World Enterprises,
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Inc. Best Western Bakersfield North (Doc. No. 20) is granted;
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a.
Plaintiff is awarded the statutory damages in the amount of $4,000.00;
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b.
Plaintiff is awarded costs in the amount of $469.00; and
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c.
Plaintiff’s request for injunctive relief is granted as follows:
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i.
Defendant is required to provide compliant accessible parking
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spaces and accessible path of travel at the property located at 2620
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Buck Own Blvd., Bakersfield, CA, 93308 in accordance with the
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Americans with Disabilities Act of 1990 and the Americans with
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Disabilities Act Accessibility Guidelines; and
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3.
The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
Dated:
June 2, 2021
UNITED STATES DISTRICT JUDGE
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