IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 19, 2012
SCOTT JOHNSON, PLAINTIFF,
JOHN ELKINS, DEFENDANT.
The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
Plaintiff's motion for default judgment is pending before the court. Plaintiff seeks statutory damages for two actual visits. The complaint identifies the date of one actual visit to the subject establishment, i.e. March 27, 2012. Comp at 4:17. Plaintiff's affidavit submitted in support of the motion for default judgment does not set forth the dates of any other actual visits.
Accordingly, no later than January 25, 2013, plaintiff shall file a supplemental affidavit identifying the dates of actual visits. Failure to comply with this order shall result in a recommendation that statutory damages be awarded only for one actual visit.
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