Levine et al v. Sleep Train, Inc. et al

Filing 54

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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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ROBERT LEVINE and VERONICA
GUZMAN,

CIV. NO. 2:15-00002 WBS AC

Plaintiffs,

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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

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to Eastern District of California local rules.

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On October 14, 2015, the Magistrate Judge filed

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findings and recommendations (“F&R”) that were served on the

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parties and contained notice that the parties may file objections

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within a specified time.

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to the Magistrate Judge’s finding that plaintiff Victoria Guzman

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does not have standing to sue because of her association with

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disabled plaintiff Robert Levine, her fiancée.

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(Docket No. 52.)

Plaintiffs objected

(Docket No. 53.)

The court has reviewed the file and will accept in part

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the Magistrate Judge’s F&R.

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Judge’s finding that plaintiffs failed to sufficiently allege a

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violation of the ADA or UCRA by Coastal Breeze Limousine and, as

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a result, the motion for a default judgment must be denied.

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(Docket No. 52 at 4-5.)

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full and equal enjoyment of the Sleep Train Amphitheatre because

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there were an insufficient number of disabled parking spaces;

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however, they fail to allege how Coastal Breeze Limousine is

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liable given that it is not the owner of the place of public

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accommodation to which plaintiffs were allegedly denied access.

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The court accordingly does not need to reach the Magistrate

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Judge’s alternative finding that plaintiffs’ motion should be

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denied because plaintiff Victoria Guzman does not have standing

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to sue.

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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.
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Dated:

November 13, 2015

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