Access for the Disabled, Inc. v. J.C. Penney Properties, Inc.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:09-cv-01395-CBD. Copies to all parties and the district court/agency. [998720394].. [11-1135]

Appeal: 11-1135

Document: 25

Date Filed: 11/10/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1135

ACCESS FOR THE DISABLED, INCORPORATED, a Florida not for
profit corporation; DENISE PAYNE, Individually,
Plaintiffs - Appellants,
v.
J.C. PENNEY PROPERTIES, INCORPORATED,
Defendant - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Charles B. Day, Magistrate Judge.
(8:09-cv-01395-CBD)

Submitted:

October 20, 2011

Decided:

November 10, 2011

Before GREGORY and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas B. Bacon, THOMAS B. BACON, PA, Cooper City, Florida, for
Appellants.
Christopher R. Dunn, John W. Leonard, DECARO,
DORAN, SICILIANO, GALLAGHER & DEBLASIS, LLP, Bowie, Maryland,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1135

Document: 25

Date Filed: 11/10/2011

Page: 2 of 2

PER CURIAM:
Denise Payne and Access for the Disabled, Inc., appeal
the

district

under

Title

U.S.C.

§§

court’s
III

of

orders
the

12181-12189

dismissing

Americans

(2006),

reviewed

claims

Disabilities

denying
the

their

record

arising
Act,

motion

and

find

42
for

reconsideration.

We

reversible error.

Accordingly, we affirm for the reasons stated

by the district court.

have

and

with

their

no

Access for the Disabled, Inc. v. J.C.

Penney Props., Inc., No. 8:09-cv-01395-CBD (D. Md. Dec. 2, 2010;
Jan. 20, 2011).
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

2