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Block v. Narwal

United States District Court, Eastern District of California
Oct 24, 2022
1:22-cv-00597-ADA-EPG (E.D. Cal. Oct. 24, 2022)

Opinion

1:22-cv-00597-ADA-EPG

10-24-2022

HENDRICK BLOCK, Plaintiff, v. KASHMIRA SINGH NARWAL, et al., Defendants.


ORDER VACATING OCTOBER 28, 2022 HEARING, REQUIRING SUPPLEMENT IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

(ECF NO. 12)

This matter is before the Court on Plaintiff Hendrik Block's motion for default judgment in this action brought, in part, under the American with Disabilities Act, alleging that Defendants denied Plaintiff use of the goods, services, facilities, privileges and accommodations offered at a Facility owned, operated, and/or leased by Defendants during Plaintiff's visit. (ECF No. 2). Upon review of the motion, the Court will vacate the hearing set for October 28, 2022, and will require a supplemental filing.

In reviewing a motion for default judgment, one of the factors a court considers is “the merits of plaintiff's substantive claim.” Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). To prevail on an ADA discrimination claim, a plaintiff must show, among other things, that “the defendant is a private entity that owns, leases, or operates a place of public accommodation.” Molski v. M.J. Cable, Inc., 481 F.3d 724, 730 (9th Cir. 2007). Here, the Facility is identified as Scotty's Liquor at 2206 N. Blackstone Avenue, Fresno, California. (ECF No. 1, p. 1). On this point, Plaintiff's motion for default judgment argues that “Defendants own and/or operate the Facility (Compl., ¶ 7), as evidenced by the Grant Deed (Declaration of Tanya E. Moore, filed herewith (“Moore Decl.”), ¶ 15, Exhibit E) and Alcoholic Beverage Control license detail report (Moore Decl., ¶ 18, Ex. H).” (ECF No. 12-1, p. 6).

Turning to the cited declaration of Attorney Tanya E. Moore, paragraph 15 states as follows:

Attached hereto as Exhibit E is a true and correct copy of the Grant Deed for the Facility, reflecting that Defendant, Louis A. Gomez, Trustee of the Louis A. Gomez and Lydia A. Gomez Revocable Living Trust, date May 4, 2007-Residual Trust, owns the real property on which the Facility is located.
(ECF No. 12-2, p. 3). The attached Exhibit E purports to be a grant deed to Defendant Louis A. Gomez, as trustee of the Louis A. Gomez and Lydia A. Gomez revocable living trust, of property located at “2206 N. Blackstone Ave.” (ECF No. 12-3 p. 14). However, this document does not include any mention of the two other Defendants in this matter, Kashmira Singh Narwal and Jaswinder Singh Sidhu.

Turning to paragraph 18 of the declaration, it states as follows: “Attached hereto as Exhibit H is a true and correct copy of a California Department of Alcoholic Beverage Control license detail report indicating that the liquor license for the Facility is held by Kashmira Singh Narwal and Jaswinder Singh Sidhu.” (ECF No. 12-2, p. 4). However, no Exhibit H is attached to the declaration. Moreover, Plaintiff's motion fails to otherwise explain how Defendants Kashmira Singh Narwal and Jaswinder Singh Sidhu “own and/or operate the Facility” as Plaintiff alleges.

Based on the foregoing, IT IS ORDERED as follows:

1. The hearing set for October 28, 2022 (ECF No. 13) is vacated;
2. Plaintiff shall have until November 7, 2022, to file a supplement in support of Plaintiff's motion for default judgment, providing all evidence and argument in support of Plaintiff's allegation that Defendants Kashmira Singh Narwal and Jaswinder Singh Sidhu “own and/or operate the Facility” at issue in this action.
3. After reviewing the supplement, the Court will reset the hearing if it believes one would be beneficial.

IT IS SO ORDERED.


Summaries of

Block v. Narwal

United States District Court, Eastern District of California
Oct 24, 2022
1:22-cv-00597-ADA-EPG (E.D. Cal. Oct. 24, 2022)
Case details for

Block v. Narwal

Case Details

Full title:HENDRICK BLOCK, Plaintiff, v. KASHMIRA SINGH NARWAL, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Oct 24, 2022

Citations

1:22-cv-00597-ADA-EPG (E.D. Cal. Oct. 24, 2022)