Johnson v. Rousseau Elmendorf LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 15, 20223:21-cv-06980California2,016 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SCOTT JOHNSON, Case No. 21-cv-06980-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v.

QUASH AND DENYING MOTION

TO DISMISS

ROUSSEAU ELMENDORF LLC, et al., Defendants.

Plaintiff Scott Johnson sued Defendants Rousseau Elmendorf LLC and Ali Reza Raji alleging violations of the Americans with Disabilities Act (ADA) and California’s Unruh Act. After Raji failed to answer the complaint, Plaintiff requested and was granted an entry of default. Raji then notified Plaintiff that he had not been properly served, and Plaintiff responded that he would only set aside the default if Raji agreed to file an answer in 10 days. Raji refused, and instead filed this motion to quash, set aside the default, and dismiss the action. The Court finds oral argument unnecessary. The motion to quash and set aside the default is GRANTED, the motion to dismiss is DENIED, and the deadline for Plaintiff to serve Raji is EXTENDED by 30 days. I. BACKGROUND …

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