Lobato v. Gomez, et al.

Filing 100

ORDER re the Court's proposed jury document signed by Magistrate Judge Erica P. Grosjean on 6/23/2017. (Attachments: # 1 jury instructions, # 2 statement of case, # 3 verdict form)(Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RACHEL LOBATO,

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Case No. 1:15-cv-00686-EPG

Plaintiff,

DRAFT STATEMENT OF THE CASE

v.
EVERARDO O. GOMEZ,
individually and doing business as
El Sarape Restaurant, DOLORES B.
GOMEZ, individually and doing business as
El Sarape Restaurant,
Defendants.

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Rachel Lobato is the plaintiff in this case. Ms. Lobato has filed this case pursuant to the
Americans with Disabilities Act (the “ADA”) and associated state law claims against defendants
Everardo O. Gomez and Dolores B. Gomez (the “Gomezes”). Ms. Lobato alleges that she is disabled

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because she is substantially limited in her ability to walk. She claims she visited the El Sarape
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Restaurant (the “Restaurant”) in Pixley, California on January 11, 2015. The restaurant is owned and

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operated by the Gomezes. Ms. Lobato claims that when she visited the Restaurant, there were

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conditions – known as “barriers” – which prevented her full and equal enjoyment of the goods,

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services, facilities, privileges, advantages, or accommodations of the Restaurant. Ms. Lobato alleges

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that the barriers violate the Americans with Disabilities Act, and that certain barriers remain at the

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Restaurant that they are legally required to remove.
The Gomezes dispute that Ms. Lobato is disabled, and that removal of the barriers at the
Restaurant is readily achievable.

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