Whitaker

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN WHITAKER, No. 2:22-cv-0103-KJM-CKD Plaintiff, FINDINGS AND RECOMMENDATIONS

v. (ECF No. 23) LONGBOARD PIER LLC, Defendant.

17 Plaintiff Brian Whitaker moves the court for default judgment against defendant Longboard Pier LLC in the amount of $6832.00, including damages, attorney fees and costs. Defendant has neither appeared nor opposed the motion. This matter was deemed appropriate for decision without oral argument. (See ECF No. 24.) For the following reasons, the undersigned will recommend the motion for default judgment be denied. I. BACKGROUND Plaintiff initiated this action on January 18, 2022, alleging disability discrimination in violation of the Americans with Disabilities Act (“ADA”) and the California Unruh Act. (ECF No. 1.) Plaintiff has a C-4 spinal cord injury, is a quadriplegic, and uses a wheelchair for mobility. (Id. at ¶ 1.) Defendant operates the Beach Hut Deli restaurant at 2535 Fair…