Castillo-Antonio v. Alvarez et al

Filing 20

ORDER by Judge Lucy H. Koh adopting 18 Report and Recommendation and granting 16 Motion for Default Judgment. (lhklc3, COURT STAFF) (Filed on 8/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JOSE DANIEL CASTILLO-ANTONIO,
Plaintiff,

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Case No. 16-CV-00352-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

Re: Dkt. Nos. 16, 18
CONNIE ALVAREZ, et al.,
Defendants.

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On January 21, 2016, Plaintiff Jose Daniel Castillo-Antonio (“Plaintiff”) filed this

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disability access case against Defendants Connie Alvarez, Gabriel Velazquez, and Donna

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Velazquez (collectively, “Defendants”). ECF No. 1. On July 22, 2016, U.S. Magistrate Judge

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Nathanael Cousins issued a Report and Recommendation that the District Judge grant Plaintiff’s

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motion for default judgment against Defendants. ECF No. 18. No objections have been filed, and

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the time to file objections has now expired. See Fed. R. Civ. P. 72(b)(2).

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Having reviewed the Report and Recommendation, as well as the record in this case, the

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Court finds that the Report and Recommendation is well-founded in fact and in law. The Court

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ADOPTS the Report and Recommendation in its entirety. Accordingly, Plaintiff’s motion for

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default judgment is GRANTED. ECF No. 16. The Clerk shall enter judgment in favor of Plaintiff

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Case No. 16-CV-00352-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION

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in accordance with the Report and Recommendation. The Court awards Plaintiff $4,000 in

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statutory damages and $7,918.50 in attorney’s fees and costs.

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In addition, Defendants are ORDERED to make the Plaza Garibaldi Restaurant located at

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1170 East Santa Clara Street, San Jose, California (the “Restaurant”) accessible to Plaintiff in

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accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 1201 et seq., and

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California’s Unruh Civil Rights Act, Cal. Civ. Code § 51(f), as follows:

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designated accessible parking to the primary entrance.

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The Restaurant must configure and identify an accessible route of travel from the

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The Restaurant’s primary entrance door must be made wheelchair-accessible and
posted with the proper international symbol of Accessibility.

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United States District Court
Northern District of California

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The Restaurant’s aisles must be wheelchair-accessible.

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The Restaurant’s countertop for sales must be wheelchair-accessible.

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The Restaurant’s restroom must be wheelchair-accessible, including the toilet

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handle, sink, pipes under sink, and mirror, and with sufficient space for

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maneuvering.

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The Clerk shall close the case file.

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IT IS SO ORDERED.

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Dated: August 11, 2016
______________________________________
LUCY H. KOH
United States District Judge

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Case No. 16-CV-00352-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION