Moore v. Millennium Acquisitions, LLC et al

Filing 99

ORDER Dissolving Permanent Injunctions and Closing the Case signed by District Judge Dale A. Drozd on 7/18/2018. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD MOORE,

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Plaintiff,

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No. 1:14-cv-01402-DAD-SAB

v.

ORDER DISSOLVING PERMANENT
INJUNCTIONS AND CLOSING THE CASE

MILLENNIUM ACQUISITIONS, LLC, et
al.,

(Doc. No. 90)

Defendants.

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On March 4, 2016, this court issued an order granting in part and denying in part plaintiff

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Ronald Moore’s summary judgment motion. (Doc. No. 61.) The order granted plaintiff’s motion

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with respect to injunctive relief sought with respect to sixteen architectural features found to

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constitute violations of the Americans With Disabilities Act, 42 U.S.C. §§ 1218-12189 (“ADA”).

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(Id. at 24.) On March 28, 2016, defendants Millennium Acquisitions, LLC and Timeless

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Investments, Inc., d/b/a Arco AM/PM #83176 (“defendants”) appealed from the order to the U.S.

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Court of Appeals for the Ninth Circuit. (Doc. No. 67.) On January 12, 2018, the Ninth Circuit

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issued a memorandum decision. (Doc. No. 90.) Therein, the Ninth Circuit vacated this court’s

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judgment as to plaintiff’s ADA claim and instructed that the injunction be dissolved on remand,

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since the gas station at issue was sold, closed and being dismantled while the appeal was pending,

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thereby rendering plaintiff’s ADA claim moot. (Id. at 2.)1
Pursuant to the Ninth Circuit’s instruction (Doc. No. 90), this court now dissolves the

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previously entered injunction in this case. The Clerk of the Court is instructed to close this case.

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IT IS SO ORDERED.

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Dated:

July 18, 2018
UNITED STATES DISTRICT JUDGE

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The Ninth Circuit affirmed this court’s granting of summary judgment in plaintiff’s favor as to
his Unruh Act claim. (Doc. No. 90 at 2-3.)
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