Peter Strojnik v. JW World Enterprises, Inc. Best Western Bakersfield North

Filing 24

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER STROJNIK, SR., 12 13 14 15 16 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) 17 18 Plaintiff Peter Strojnik, Sr., filed this suit against defendant JW World Enterprises, Inc. 19 Best Western Bakersfield North on August 12, 2019, alleging violations of the Americans with 20 Disabilities Act. (Doc. No. 1.) On September 9, 2019, defendant was served with the summons 21 and complaint, and the executed summons was filed with the court on December 23, 2019. (Doc. 22 Nos. 13, 14.) Defendant did not file an answer, responsive pleading, or otherwise appear in this 23 action. On February 21, 2021, plaintiff filed a request for entry of default against defendant (Doc. 24 No. 17), and default was entered by the Clerk of Court against defendant (Doc. No. 18). On 25 November 16, 2020, plaintiff filed a motion for default judgment. (Doc. No. 20.) This matter 26 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 and Local Rule 302. 27 28 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 1 1 findings and recommendations provided that any objections thereto were to be filed within 2 fourteen (14) days. (Id. at 13.) To date, no objections have been filed and the time for doing so 3 has since expired. 4 Accordingly: 5 1. 6 7 The findings and recommendations issued on January 4, 2021 (Doc. No. 22) are adopted in full; 2. Plaintiff’s motion for default judgment against defendant JW World Enterprises, 8 Inc. Best Western Bakersfield North (Doc. No. 20) is granted; 9 a. Plaintiff is awarded the statutory damages in the amount of $4,000.00; 10 b. Plaintiff is awarded costs in the amount of $469.00; and 11 c. Plaintiff’s request for injunctive relief is granted as follows: 12 i. Defendant is required to provide compliant accessible parking 13 spaces and accessible path of travel at the property located at 2620 14 Buck Own Blvd., Bakersfield, CA, 93308 in accordance with the 15 Americans with Disabilities Act of 1990 and the Americans with 16 Disabilities Act Accessibility Guidelines; and 17 18 19 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: June 2, 2021 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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