Johnson v. Redwood Barn Nursery, Inc.

Filing 14

ORDER signed by Judge Garland E. Burrell, Jr on 2/18/15 ORDERING that Defendants' Motion to Dismiss 4 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Johnson,

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Plaintiff,

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No. 2:14-cv-02467-GEB-CKD

v.

ORDER DENYING DEFENDANT’S MOTION
TO DISMISS

Redwood Barn Nursery, Inc., a
California Corporation; and
Does 1-10,

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Defendants.

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Defendant moves for dismissal of the federal question

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in Plaintiff’s Complaint under Federal Rules of Civil Procedure

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12(b)(1)

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subject

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injunctive relief claims that are alleged under Title III of the

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Americans with Disabilities Act (“ADA”), these claims should be

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dismissed because they are now moot. (Mot. to Dismiss, 5:26-6:3,

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ECF

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requested

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supplemental jurisdiction over Plaintiff’s remaining state law

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claims,

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1367(c)(3). (Id. 6:13-26.)

and

12(h)(3).

matter

No.

4.)

jurisdiction

Further,

dismissal,

and

those

However,

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Specifically,
is

premised

Defendant
the

claim

the

on

argues

since

Plaintiff’s

three

argues

that

should

Court

should

Defendant

decline

be

conclusory

following
to

dismissed

under

assertions

in

this

exercise

28

U.S.C.

Defendant’s

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opening brief fail to show that one of Plaintiff’s ADA claims is

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moot.

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Dated:

Therefore, the motion is denied
February 18, 2015

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