Johnson v. San et al

Filing 12

ORDER adopting 11 FINDINGS AND RECOMMENDATIONS and granting 8 Motion for Default Judgment signed by District Judge John A. Mendez on 2/18/16. The Clerk is directed to close the case. (Kaminski, H)

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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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No. 2:15-cv-162-JAM-EFB

Plaintiff,
v.

ORDER

SOPHEAK M. SAN, et al.,

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Defendants.

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Plaintiff’s motion for entry of default judgment against defendant Sopheak San came on

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regularly for hearing before the assigned magistrate judge on July 22, 2015. The matter was

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referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19) and 28 U.S.C. §

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636(b)(1).

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On November 16, 2015, the magistrate judge filed findings and recommendations herein

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which contained notice to the parties that any objections to the findings and recommendations

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were to be filed within fourteen days. No objections were filed.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The Findings and Recommendations filed November 16, 2015, are adopted in full;

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2. Plaintiff’s application for default judgment (ECF No. 8) is granted;
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3. Plaintiff is awarded statutory damages in the amount of $8,000;

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4. Plaintiff is granted an injunction requiring defendant San to provide for the correct

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number and type of properly configured disabled parking space(s) including a van accessible

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disabled parking space;

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5. Plaintiff’s request for voluntary dismissal of the claims against defendant Edward

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Overton and of negligence and California Disabled Persons Act claims against defendant San is

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granted and those claims are dismissed without prejudice;

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6. Plaintiff is awarded costs and attorney’s fees in the amount of $3,200; and

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7. The Clerk is directed to close the case.

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DATED: 2/18/2016
/s/ John A. Mendez________________________
UNITED STATES DISTRICT COURT JUDGE

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