Johnson v. Sammy's Restaurant, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT JOHNSON, No. 2:15–cv–147–TLN–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS v. (ECF No. 62) SAMMY”S RESTAURANT, INC., Defendant. 16 Presently pending before the court is plaintiff’s motion for default judgment against defendant Sammy’s Restaurant, Inc. (ECF No. 62.) After defendant failed to file an opposition to the motion in accordance with Local Rule 230(c), the motion was submitted on the record and written briefing pursuant to Local Rule 230(g). (ECF No. 63.) For the reasons discussed below, the court now recommends that plaintiff’s motion for default judgment be DENIED, plaintiff’s claim under the Americans with Disabilities Act be DISMISSED, and the court decline supplemental jurisdiction over the remaining state law claims. /// /// /// 27 1 This motion is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Local Rule 302(c)(19).…