Block

I. BACKGROUND

22 On August 17, 2021, Plaintiff filed this action under the American with Disabilities Act 23 and California’s Unruh Act, alleging that he is disabled and encountered barriers at Defendant’s 24 facility which denied Plaintiff the ability to use and enjoy the goods, services, privileges and 25 accommodations offered at the facility. (ECF No. 1). Plaintiff later requested and obtained a

1 A motion for default judgment is considered a dispositive matter that requires the issuance of findings and recommendations. See Livingston v. Art.com, Inc., No. 3:13-CV-03748-CRB, 2015 WL 4307808, at *2 (N.D. Cal. July 15, 2015). clerk’s entry of default under Federal Rule of Civil Procedure 55(a). (ECF Nos. 6, 7). On October 28, 2021, Plaintiff filed a motion for default judgment under Rule 55(b). (ECF No. 8). This motion for default judgment was ultimately denied for failure to establish service on Defendant, but Plaintiff was given an extension of time to complete service. (ECF Nos. 15, 17, 18, 19). After filing a proof of service and obtaining another clerk’s entry of default, Plaintiff filed a motion for default judgment on March 23, 2022,…