Strickland v. Wells Fargo Clearing Services, LLC et al

Filing 38

ORDER denying 31 motion to dismiss. Signed by Judge Gregory A. Presnell on 3/13/2018. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MICHELLE STRICKLAND,
Plaintiff,
v.

Case No: 6:18-cv-38-Orl-31GJK

FISCHER WAY CORP., JOHN NGUYEN
and PARK PLACE STATION, LLC,
Defendants.

ORDER
This matter is before the Court on the Motion to Dismiss (Doc. 31) filed by Defendant
Fischer Way Corp. d/b/a Subway #2621 (henceforth, “Fischer Way”) and Plaintiff’s response in
opposition (Doc. 37).
This is an ADA case in which Plaintiff, a handicapped individual, alleges that in December
2017 she visited facilities operated or owned by the Defendants, including the restaurant operated
by Fischer Way; in doing so, she encountered discrimination in the form of architectural barriers
that denied her full and equal access to the subject public accommodations. (Doc. 30).
Paragraph 16 of the Amended Complaint specifies the barriers she allegedly encountered.
In its Motion to Dismiss, Fischer Way claims that Plaintiff has failed to establish that she
has standing to pursue her claims under the ADA. However, the Amended Complaint alleges that
Plaintiff lives two miles from these properties, has visited them in the past, and intends to

return within six months after the properties are made ADA compliant. (Doc. 30 at 2). At this
stage of the proceedings, that is sufficient to establish standing. Accordingly, it is
ORDERED that Defendant’s Motion is DENIED.
DONE and ORDERED in Chambers, Orlando, Florida on March 13, 2018.

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