Johnson v. Tram Chim's Corp

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-01821-WHO

Plaintiff,

ORDER DENYING APPLICATION

v. FOR ENTRY OF DEFAULT

JUDGMENT WITHOUT PREJUDICE

TRAM CHIM'S CORP, Re: Dkt. No. 18 Defendant.

Plaintiff has filed a motion for entry of default judgment. Dkt. No. 18. The opposition to that motion was due by October 14, 2021. No opposition or appearance by defendant or defense counsel has been made. I find this matter suitable for resolution without oral argument, and VACATE the November 10, 2021 hearing. Civ. L.R. 7-6. But having reviewed the motion for entry of default judgment and its exhibits, the application is DENIED WITHOUT PREJUDICE due to the following issues that need to be addressed or resolved. First, and most troubling, plaintiff states in his motion, with respect to the element of the Americans with Disabilities Act that public accommodations are required to remove architectural barriers, where such removal is readily…