Johnson v. Sammy's Restaurant, Inc.

Filing 69

ORDER ADOPTING 67 Findings and Recommendations in full signed by District Judge Troy L. Nunley on 12/04/23 DENYING 62 Motion for Default Judgment, DISMISSING Plaintiff's claim under the Americans with Disabilities Act and DECLINING to exercise supplemental jurisdiction over the remaining state law claims. CASE CLOSED (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. 2:15-cv-147-TLN-KJN

ORDER

v.
SAMMY”S RESTAURANT, INC.,

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Defendant.

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On October 31, 2023, the magistrate judge filed findings and recommendations (ECF No.

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67), which were served on the parties, and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen (14) days. On November 7, 2023,

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Plaintiff filed objections to the findings and recommendations (ECF No. 68), which the Court

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reviewed.
The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.

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///

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 67) are ADOPTED IN FULL;

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2. Plaintiff’s motion for default judgment (ECF No. 62) is DENIED;

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3. Plaintiff’s claim under the Americans with Disabilities Act is DISMISSED as

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moot;
4. The Court DECLINES to exercise supplemental jurisdiction over the remaining
state law claims; and
5. The Clerk of Court is directed to close this case.
Date: December 4, 2023

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Troy L. Nunley
United States District Judge

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