Rutherford v. D.O.S. Pizza, Inc. et al
ORDER Granting #9 Motion to File First Amended Complaint, Dismiss Donald Peterson, and Add New Plaintiffs. Plaintiffs must file the Amended Complaint within three (3) days of the date of this Order. Signed by Judge Roger T. Benitez on 8/3/2017. (knb) (jao).
FI L_E D
17 AUG~~ PH I: 51;
CLE>rn. IJ.S. DISTRICT COURT
S-CUTl-H!.l\N lH51RtC1 OF CAltf"ORNlt~
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 3:17-cv-00801-BEN-KSC
D.0.S. PIZZA, INC., a California
corporation; VISTA FWY 78
INVESTORS, a California general
partnership; and DOES 1-10, inclusive,
ORDER GRANTING STIPULATION
TO FILE FIRST AMENDED
COMPLAINT, DISMISS DONALD
PETERSON, AND ADD NEW
The parties have filed a "Stipulation to File First Amended Complaint; Dismiss
Donald Peterson and Add Plaintiffs James Rutherford and the Association 4 Equal
Access." (ECF No. 9). The motion is made on the grounds that Plaintiff Donald
Peterson passed away in June 2017.
Peterson's complaint seeks injunctive relief for violations of the ADA. It also
alleges state law claims. Normally, the death of a plaintiff renders a claim for injunctive
relief moot. Kennerly v. United States, 721F.2d1252, 1260 (9th Cir. 1983). In such
circumstances, courts in this District have denied motions to substitute a new plaintiff
because the original plaintiffs death extinguished the ADA claim. See Baria v. Yu, No.
08-cv-0908-BEN, 2010 WL 2653322, at *1 (S.D. Cal. July 1, 2010).
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