Gary Scherer v. David J. Eagle

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7 United States District Court Central District of California

11 GARY SCHERER, Case No. 2:21-cv-01606-ODW (PDx) Plaintiff,

ORDER GRANTING IN PART AND

v.

DENYING IN PART PLAINTIFF’S

14 DAVID J. EAGLE, et al., APPLICATION FOR ENTRY OF Defendants. DEFAULT JUDGMENT [26] 16 I. INTRODUCTION Plaintiff Gary Scherer applies for default judgment against Defendants David J. 19 Eagle, in his individual capacity and as trustee of the Eagle Family Trust, and Mattress 20 Pros LLC for violations of the Americans with Disabilities Act (“ADA”). (Appl. 21 Default J. (“Appl.”), ECF No. 26.) For the reasons discussed below, the Court 22 GRANTS IN PART and DENIES IN PART Scherer’s Application.1 II. FACTUAL AND PROCEDURAL BACKGROUND On February 22, 2021, Scherer filed a Complaint alleging the following facts. 25 (Compl., ECF No. 1.) 26

28 1 After carefully considering the papers filed in support of the Application, the Court deemed the matter appropriate for decision without oral…