Ramos v. Barron

United States District Court for the Eastern District of California

Ramos v. Barron

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR RAMOS, Case No. 2:24-cv-0531-DJC-JDP 12 Plaintiff, 13 v. ORDER 14 ANGELICA BARRON, 15 Defendants. 16 17 This matter was referred to a United States Magistrate Judge pursuant to Local 18 Rule 302(c)(19) and

28 U.S.C. § 636

(b)(1). Plaintiff’s motion for entry of default 19 judgment was heard before the assigned Magistrate Judge on August 29, 2024. 20 On January 28, 2025, the Magistrate Judge filed findings and 21 recommendations herein which contained notice to the parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. No 23 objections were filed. 24 The Court presumes that any findings of fact are correct. See Orand v. United 25 States,

602 F.2d 207, 208

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 26 are reviewed de novo. See Robbins v. Carey,

481 F.3d 1143, 1147

(9th Cir. 2007) 27 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 28 1 | district court and [the appellate] court... .”). Having reviewed the file, the Court finds 2 | the findings and recommendations to be supported by the record and by the proper 3 | analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed January 28, 2025, are adopted in 6 | full; 7 2. Plaintiff's motion for default judgment, ECF No. 11, is GRANTED; 8 3. Default judgment is entered against defendant Angelica Barron on Plaintiff's 9 | ADA and Unruh Act claims; 10 4. Plaintiff is awarded statutory damages under the Unruh Act in the amount of 11 | $4,000; 12 5. Plaintiff is granted an injunction requiring Defendant to provide an 13 | accessible bathroom, dining room, and parking space with proper signage; 14 6. Plaintiff is awarded attorneys’ fees and costs in the amount of $3,945.50; and 15 7. Plaintiff is directed to notify the court of whether he intends to dismiss his 16 | claims under the California Health and Safety Code and California’s Civil Rights Act 17 | within seven days of this order. 18 8. This matter is referred back to the assigned Magistrate Judge for all further 19 | pretrial proceedings. 20 IT IS SO ORDERED. 22 | Dated: _March 21, 2025 Donel J Cob tto— Hon. Daniel alabretta 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28

Reference

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