Samuel Love v. William George Maingot et al

Filing 28

ORDER TO SHOW CAUSE WHY THE ADA CLAIM SHOULD NOT BE DEEMED MOOT AND WHY PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 21 SHOULD NOT BE DENIED by Judge Stephen V. Wilson: Plaintiff has until 12 p.m. on Friday, October 19, 2018 to show cause as to why the ADA claim should not be deemed moot and why Plaintiffs motion for summary judgment should not be denied. (See document for details.) (pc)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

5:18-cv-00130-SVW-KK

Title

Samuel Love v. William George Maingot, et al.

Present: The Honorable

Date

October 17, 2018

STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

ORDER TO SHOW CAUSE WHY THE ADA CLAIM SHOULD NOT BE
DEEMED MOOT AND WHY PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT [21] SHOULD NOT BE DENIED

In its Motion for Summary Judgment, Dkt. 21, Plaintiff admits that as of August 30, 2018, the
only non-compliant features of the parking lot were that “[t]here was no fine warning or tow away
signage displayed at or near the designated accessible parking space.” Id. at 9-10. Furthermore, as of
September 13, 2018, “most of the barriers had been remediated”; the only apparent remaining barrier
was that “there was still no compliant tow away signage at the entrance to the customer parking lot or at
the van accessible parking space.” Id. at 10.
In their Opposition brief, Dkt. 23, Defendants provide evidence that they have since remediated
all barriers under the ADA and that the parking lot is now in compliance with the ADA. Dkt. 25 ¶ 8;
Dkt. 25, Ex. A (showing a “Handicapped Parking Only – Van Accessible – Minimum Fine $250” sign
and tow away signage); Dkt. 26 ¶ 8.
Given that only injunctive relief is available for violations of the ADA, Wander v. Kaus, 304
F.3d 856, 858 (9th Cir. 2002), and that Defendants appear to be in full compliance with the ADA at this
time, the Court intends to deem the ADA claim moot.
Plaintiff has not filed a reply brief. Plaintiff has until 12 p.m. on Friday, October 19, 2018 to
show cause as to why the ADA claim should not be deemed moot and why Plaintiff’s motion for
summary judgment should not be denied.

:
Initials of Preparer
PMC
CIVIL MINUTES - GENERAL

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