Western Regional Advocacy Project et al v. Newsom et al

Filing 36

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on December 19, 2008. (mmclc2, COURT STAFF) (Filed on 12/19/2008)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MAYOR GAVIN NEWSOM, et al., Defendant. / Defendants' motion to dismiss, filed October 29, 2008, came on regularly for hearing before the Court on December 19, 2008. Christine Van Aken and James M. Emery appeared on behalf of defendants. Sid Wolinsky appeared on behalf of plaintiffs. Having read and considered the papers filed in support of and in opposition to the motion and the arguments of counsel, and for the reasons stated on the record at the hearing, the Court rules as follows. To the extent defendants seek dismissal of plaintiffs' Third Cause of Action (Title III of the Americans with Disabilities Act), the motion is hereby GRANTED, and said Cause of Action is hereby DISMISSED. In all other respects, the motion is hereby DENIED. IT IS SO ORDERED. Dated: December 19, 2008 MAXINE M. CHESNEY United States District Judge United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WESTERN REGIONAL ADVOCACY PROJECT, et al., Plaintiffs,

No. C-08-4087 MMC ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS