1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, No. 1:22-cv-00552-ADA-BAM 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING 14 HARKIRAT SINGH SAMRA dba BILL’S PLAINTIFF’S MOTION FOR DEFAULT SPORT & BAIT SHOP, et al., JUDGMENT 15 Defendants. (ECF Nos. 19, 27) 16 17 Plaintiff Darren Gilbert filed a complaint on May 6, 2022, alleging claims under the 18 Americans with Disabilities Act, California’s Unruh Act, and California Health and Safety Code 19 section 19953. (ECF No. 1 at ¶¶ 16–46.) The Clerk of Court entered defaults against Defendant 20 Fahmi Alsumeri on June 22, 2022, and against Defendant Harkirat Singh on September 20, 2022. 21 (ECF Nos. 6, 17.) On October 24, 2022, Plaintiff filed a motion for default judgment. (ECF No. 22 19.) The matter was referred to a United States Magistrate Judge pursuant to

636(b)(1)(B) and Local Rule 302. On June 6, 2023, the Court adopted the Magistrate Judge’s 24 findings and recommendations that recommended declining to exercise supplemental jurisdiction 25 over Plaintiff’s state law claims. 26 On June 29, 2023, the Magistrate Judge issued findings and recommendations, 27 recommending that the Court grant, in part, Plaintiff’s motion for default judgment. The findings 28 and recommendations contained notice that Defendants had fourteen days within which to file 1 objections. That deadline has passed, and Defendants have not filed objections or otherwise 2 contacted the Court. 3 In accordance with the provisions of

(b)(1)(C), the Court has conducted a 4 de novo review of this case. Having carefully reviewed the entire file, the Court concludes that 5 the findings and recommendations are supported by the record and proper analysis. See Eitel v. 6 McCool,

, 1471–72 (9th Cir. 1986); PepsiCo, Inc. v. Cal. Sec. Cans,

2d 1172, 1174 (C.D. Cal. 2002). 8 Accordingly, 9 1. The findings and recommendations issued on June 29, 2023, (ECF No. 27), are 10 adopted in full; 11 2. Plaintiff's motion for default judgment, (ECF No. 19), is granted, in part, as to 12 Defendants Harkirat Singh Samra dba Bill’s Sport & Bait Shop and Fahmi Abdo 13 Alsumeri; 14 3. Pursuant to Federal Rule of Civil Procedure 54(b), the Court determines that there 15 is no just reason to delay entry of judgment; 16 4. Defendants Harkirat Singh Samra dba Bill’s Sport & Bait Shop and Fahmi Abdo 17 Alsumeri are found and declared to be in violation of Title III of the Americans 18 with Disabilities Act; 19 5. Defendants Harkirat Singh Samra dba Bill’s Sport & Bait Shop and Fahmi Abdo 20 Alsumeri are ordered to make the following modifications to the facility known as 21 Bill's Sports & Bait Shop, located at 2001 Crows Landing Rd, Modesto, California 22 95358, such that each item is brought into compliance with the accessibility 23 requirements of the Americans with Disabilities Act and California Code of 24 Regulations, Title 24, as follows: 25 a) Provide a properly configured and identified designated accessible 26 parking stall with adjacent access aisle; 27 b) Provide and maintain proper clear width of the routes of travel through 28 public areas of the interior of the facility; and 1 c) Provide a properly configured accessible transaction counter. 2 6. Judgment is entered in Plaintiff's favor and against Defendants Harkirat Singh 3 Samra dba Bill’s Sport & Bait Shop and Fahmi Abdo Alsumeri in the amount of 4 $3,115.94, consisting of: attorney's fees in the amount of $1,620.00 (5.4 hours at 5 $300 per hour), paralegal fees in the amount of $678.50 (5.9 hours at $115.00 per 6 hour), and costs of suit in the amount of $817.44; and 7 7. Plaintiff is ordered to mail a copy of this order to each of the Defendants at that 8 Defendants’ last known address. 9 10 11 | TPIS SO ORDERED. 12 Dated: _ August 30, 2023 3 UNITED fTATES DISTRICT JUDGE

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