Gastelum

Gastelum v. Easiness LP

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20221:22-cv-00166California1,110 words

Opinion

Trial Court Opinion

I. BACKGROUND

25 Plaintiff filed the complaint on February 8, 2022, violations of the Americans with 26 Disabilities Act and other laws. (ECF No. 1). Generally, Plaintiff asserts that he visited a 27 DoubleTree by Hilton in Bakersfield, California on July 1, 2022. (Id. at 1). This business is 28 purportedly owned or operated by Defendant Easiness LP. (Id.). While at the DoubleTree, Plaintiff discovered that the premises were uncompliant with various laws. (Id.). Plaintiff seeks monetary damages, costs, and an order directing Defendant to comply with applicable laws. (Id. at 2-3). (ECF No. 1.) On February 10, 2022, the Court set an Initial Scheduling Conference for May 26, 2022. (ECF No. 5.) On May 10, 2022, Plaintiff filed an affidavit of non-service describing a process server’s unsuccessful attempt to serve Defendant1 along with a proof of service stating that the summons and complaint were left with “JOHN JUAREZ, MANAGER IN CHARGE” on May 5, 2022. (ECF Nos. 6-7.) Accordingly, the Court continued the Initial Scheduling Conference to June 30, 2022, to allow time for Defendant to file a responsive pleading. (ECF No. 8.) On June 9,…

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