Clark v. Stogies' Cigar Emporium & Coffee House, Inc. et al
ORDER granting 23 & 25 motions to dismiss under Fed R Civ P 12(b)(1) for lack of jurisdiction as plaintiff's claims are moot; the Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 3/8/2016. (SRW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JASON P. CLARK, individually,
Case No. 3:14-cv-1447-J-32JRK
STOGIES CIGAR EMPORIUM & COFFEE
HOUSE, INC., a Florida corporation and
E.M.A., INC., a Florida for profit corporation,
This ADA accessibility case is before the Court on defendants’ unopposed motions
to dismiss under Rule 12(b)(1) or, alternatively, for summary judgment (Docs. 23 & 25).1
Defendants contend that plaintiff’s claims have become moot, and the Court therefore no
longer has subject matter jurisdiction, because defendants have provided the relief sought
in plaintiff’s complaint by bringing the subject property into compliance with the ADA, and
because there is no reasonable likelihood that defendants will permit the property to revert
to a state of non-compliance. The Court agrees. See Sheely v. MRI Radiology Network,
P.A., 505 F.3d 1173, 1182-84 (11th Cir. 2007) (holding that an ADA case may become moot,
thereby depriving the court of subject matter jurisdiction, if defendant voluntarily provides the
When plaintiff failed to timely respond to defendant E.M.A.’s motion, the Court issued an
Order warning plaintiff that his failure to respond would result in the Court treating the motion
as unopposed. See Order, Doc. 24. Defendant Stogies Cigar then filed its own motion,
raising the same arguments and citing the same authorities as E.M.A. Compare Doc. 25
with Doc. 23. Plaintiff has not responded to either one and the Court deems them both to
injunctive relief sought by the plaintiff and demonstrates “that the allegedly wrongful
[condition] could not reasonably be expected to recur”). Defendants have provided an
affidavit describing the modifications and repairs, and documents from city inspectors stating
that the property is now in compliance with the ADA. See Doc. 23, Exhibits A, B, C and D.
Defendants represent that, having now spent money to remove architectural barriers so as
to bring the property into a state of compliance, they do not intend to allow the property to
revert to a state of non-compliance.
As plaintiff has not responded, defendants’
documentation and representations stand unchallenged. The Court therefore finds this case
to be moot. See Sheely, 505 F.3d at 1182; see also Harty v. North Lauderdale Supermarket,
Inc., Case No. 14-civ-62945-BLOOM/Valle, 2015 WL 4638590 (S.D. Fla. Aug. 4, 2015)
(granting 12(b)(1) motion to dismiss in ADA accessibility case where defendant remedied
structural barriers, and citing numerous cases for the proposition that the standard of proof
required to demonstrate lack of recurrence is lessened where the remedy involves
architectural barriers (as opposed to barriers created by policy or conduct)).
Accordingly, it is hereby
Defendants’ Motions to Dismiss under Rule 12(b)(1) (Docs. 23 & 25) are GRANTED.
This case is dismissed for lack of subject matter jurisdiction because plaintiff’s claims are
moot. The Clerk shall close the file.
DONE AND ORDERED at Jacksonville, Florida this 8th day of March, 2016.
counsel of record
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